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HomeMy WebLinkAboutWWP272766(3)�y z C,,Lt ct '7 �22,,( f �5 u c2 C%i.0 00 cf'c0cac V 20os ,00,� s c �2o/�a8w( usoca aC7io.> 0-0� 612-:57) �vz - -21 yS ^-14 1Lr //2,/aI CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 2002-4-00533 Name of Permittee: Renton, City of Date of Issuance: JUN 18 2002 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers' representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. /f The work authorized by the above referenced permit has been completed in accordance with the terms and conditions of your permit. The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee NWP 13 & 33 King, County of 11 February 1997 CLM7; B:CERTCOMP.97 HYDRAULIC PROJECT APPROVAL State of Washington stof RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISEm�d Region 4 Office 16018 Mill Creek Boulevard 1DJU Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-173159-01 PERMITTEE City of Renton - Wastewater Utility ATTENTION: Michael Benoit 1055 South Grady Way, 5rh Floor Renton, Washington 98055 (425)430-7206 AUTHORIZED AGENT OR CONTRACTOR Not Applicable RECEIVED JAN 18 2002 CITY OF RENTON UTILITY SYSTEMS PROJECT DESCRIPTION: Remove three culverts. Install footbridges to support aerial utility pipe crossings. Install a small outfall to stop bank erosion. Install bank protection/stabilization measures and stream bed controls. PROJECT LOCATION: Thunder Hill Sanitary Sewer Access road from north of S. 18`h Street and Grant Ave. S. intersection, approximately 2300 feet northwest along the access road, Renton. # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 09.0005 Unnamed (Thunder Hill Creek) Spring Brook Creek 20 23 North 05 East King PROVISIONS 1. TIMING LIMITATIONS: The project may begin July 1, 2002 and shall be completed by October 1, 2002. 2. Work shall be accomplished per plans and specifications entitled, `Thunder Hills Sanitary Sewer Pipeline Access Road Repairs', dated June 26, 2000, and submitted to the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. 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. Footbridge and aerial conduit crossing 3. Excavation for and placement of the foundation and superstructure shall be outside the ordinary high water line. 4. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. 5. Support structures for aerial conduit crossings shall be located and armored to prevent scour or undermining. Bank protection/stabilization 6. Placement of bank protection material waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank and the stream bank. 7. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not enter the water. 8. Bank protection material shall be clean, angular rock, and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Departnuni a( RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FjSgond Region 4 Office 16018 Mill Creek Boulevard woo Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-F3159-01 Culvert removal 9. The existing culverts, and fill, shall be removed, and the disturbed bed and bank areas shall be reshaped to preproject configuration. 10. All earth and/or fill material covering the culverts shall be removed prior to removal of the culvert. Water main (conduit) relocation 11. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed is avoided. 12. When using trench excavation, the trench shall be excavated in the dry or shall be isolated from the flowing stream by use of a bypass. The existing culvert may be used as the bypass until the new water pipeline has been installed and the streambed stabilized. Disturbance of the streambed shall be limited to the amount necessary to install the new water pipeline. 13. The trench may be backfilled with streambed material removed as a result of the culvert removal. 14. Excess spoils shall be disposed of so as not to enter the stream. Outfall installation 15. The stream bank at the point of the outfall discharge shall be armored to prevent scouring. General Provisions 16. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within thirty calender days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks, including riprap areas, shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. 17. Erosion control methods shall be used to prevent silt -laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. SEPA: MDNS by City of Renton final on April 16, 2001. APPLICATION ACCEPTED: July 30, 2001 ENFORCEMENT OFFICER: Boone 030 [P3] Tony Oppermann (425) 379-2309 /fgy� D, _ for Director Area Habitat Biologist �- pp WDFW Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington PepadmRl '0 RCW 77.55.100 -appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife 17l�gond Region 4 Office 16018 Mill Creek Boulevard WI1 LN Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-173159-01 GENERAL PROVISIONS This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 77.55 - formerly RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by, fine and/or imprisonment. All HPAs issued pursuant to RCW 77.55.100 or 77.55.200 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.110 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170. APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100, 77.55.110, 77.55.140, 77.55.190, 77.55.200, and 77.55.290: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of - (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Departwnf o/ RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office FISHaad 16018 Mill Creek Boulevard WOLN Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-F3159-01 B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of - (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30- days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.110, 77.55.200, 77.55.230, or 77.55.290: A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 � STATE E � O y a 2 a O STATE OF WASHINGTON RECEIVED DEPARTMENT OF ECOLOGY JUN 2 4 2002 Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 CITY OF RENTON UTILITY SYSTEMS June 21, 2002 Michael Benoit City of Renton 1055 South Grady Way 5 h Floor Renton, WA 98055 Dear Mr. Benoit: Re: U.S. Army Corps of Engineers Reference #2002-4-00533 Nationwide Permit #13 and 33 to authorize bank stabilization in North Fork Rolling Hills Creek at Renton, 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 the state criteria for requiring a certification under Nationwide Permit 13 or 33. Please note this verification does not exempt, and is provisional upon compliance with other statutes and codes administered by federal, state and local agencies. Please call me at (425) 649-7145 if you have questions or would like more information. Sincerely, Alice Kelly Federal Permit Coordinator Shorelands and Environmental Assistance Program AK:ak cc: Joseph Brock, Corps of Engineers 0 is HYDRAULIC PROJECT APPROVAL State of Washington d RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife 1Pl,and Region 4 Office 16018 Mill Creek Boulevard lol" Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-173159-01 City of Renton - Wastewater Utility ATTENTION: Michael Benoit 1055 South Grady Way, 5"' Floor Renton, Washington 98055 (425) 430-7206 AUTHORIZED AGENT OR CONTRACTOR Not Applicable RECEIVED JAN 18 2002 CITY OF RENTON UTILITY SYSTEMS PROJECT DESCRIPTION: Remove three culverts. Install footbridges to support aerial utility pipe crossings. Install a small outfall to stop bank erosion. Install bank protection/stabilization measures and stream bed controls. PROJECT LOCATION: Thunder Hill Sanitary Sewer Access road from north of S. 18fl' Street and Grant Ave. S. intersection, approximately 2300 feet northwest along the access road, Renton. # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 09.0005 Unnamed (Thunder Hill Creek) Spring Brook Creek 20 23 North 05 East King PROVISIONS 1. TIMING LIMITATIONS: The project may begin July 1, 2002 and shall be completed by October 1, 2002. 2. Work shall be accomplished per plans and specifications entitled, `Thunder Hills Sanitary Sewer Pipeline Access Road Repairs', dated June 26, 2000, and submitted to the Washington Department of Fish and Wildlife, except as modified by this Hydraulic Project Approval. 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. Footbridge and aerial conduit crossing 3. Excavation for and placement of the foundation and superstructure shall be outside the ordinary high water line. 4. The bridge shall be constructed to pass the 100-year peak flow with consideration of debris likely to be encountered. 5. Support structures for aerial conduit crossings shall be located and armored to prevent scour or undermining. Bank protection/stabilization 6. Placement of bank protection material waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank and the stream bank. 7. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not enter the water. 8. Bank protection material shall be clean, angular rock, and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. Pagel of 4 HYDRAULIC PROJECT APPROVAL State of Washington wmld RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISH and Region 4 Office 16018 Mill Creek Boulevard WOLN Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-173159-01 Culvert removal 9. The existing culverts, and fill, shall be removed, and the disturbed bed and bank areas shall be reshaped to preproject configuration. 10. All earth and/or fill material covering the culverts shall be removed prior to removal of the culvert. Water main (conduit) relocation 11. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed is avoided. 12. When using trench excavation, the trench shall be excavated in the dry or shall be isolated from the flowing stream by use of a bypass. The existing culvert may be used as the bypass until the new water pipeline has been installed and the streambed stabilized. Disturbance of the streambed shall be limited to the amount necessary to install the new water pipeline. 13. The trench may be backfilled with streambed material removed as a result of the culvert removal. 14. Excess spoils shall be disposed of so as not to enter the stream. Outfall installation 15. The stream bank at the point of the outfall discharge shall be armored to prevent scouring. General Provisions 16. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within thirty calender days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks, including riprap areas, shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. 17. Erosion control methods shall be used to prevent silt -laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. SEPA: MDNS by City of Renton final on April 16, 2001. APPLICATION ACCEPTED: July 30, 2001 ENFORCEMENT OFFICER: Boone 030 [P3] Tony Oppermann (425) 379-2309 /� D for Director Area Habitat Biologist WDFW Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Deyad RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office F�ISr1Ynmr��d t 16018 Mill Creek Boulevard rtLiULI!'1S Mill Creek, Washington 98012 DATE OF ISSUE: January 16.2002 LOG NUMBER: 00-173159-01 GENERAL PROVISIONS This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 77.55 - formerly RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 77.55.100 or 77.55.200 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.110 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.170. APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100, 77.55.110, 77.55.140, 77.55.190, 77.55.200, and 77.55.290: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington d RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Pl�aad Region 4 Office 16018 Mill Creek Boulevard wom Mill Creek, Washington 98012 DATE OF ISSUE: January 16, 2002 LOG NUMBER: 00-173159-01 B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.140: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30- days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.110, 77.55.200, 77.55.230, or 77.55.290: A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 JUN 18 2002 Regulatory Branch City of Renton, Wastewater Utility ATTN: Mr. Michael Benoit 5ch Floor 1055 South Grady Way Renton, Washington 98055 Dear Ladies and Gentlemen: RECEIVED SUP! 19 2002 urNr sysN"pN Reference: 2002-4-00533 Renton, City of This letter is in response to your application requesting Department of the Army authorization to place riprap for bank stabilization in North Fork Rolling Hills Creek at Renton, King County, Washington. The regulations which govern our permit program contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 13 and NWP 33 (Federal Register, January 15, 2002, Vol. 67, No. 10) authorize "Bank Stabilization" and "Temporary Construction, Access and Dewatering," respectively. The entire text of NWP 13 and NWP 33 including their specific regional conditions are enclosed. The NWP 13 and NWP 33 authorize the above -described proposed project. The work must be performed as depicted on the enclosed drawings and in accordance with the enclosed Nationwide Permit Conditions in order to remain authorized by the nationwide permits. Endangered Species Act Compliance: One of those specific conditions that applies to all NWPs is General Condition 11, which deals with the Endangered Species Act (ESA). In this case, all the requirements of the ESA have been met, and you are in full compliance with General Condition 11. National Historic Preservation Act Compliance: The Corps has completed the necessary review and coordination under Section 106 of the National Historic Preservation Act (NHPA). The Corps has determined that no historic properties are affected by the project as proposed. Unless new information arises, no further consultation is necessary under Section 106 of NHPA. -2- In order for this NWP to be valid, you must obtain and comply with an individual Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response determination from the State of Washington prior to commencing any work. Please telephone or send your plans to: Washington State Department of Ecology Northwest Regional Office 3190 —160th Avenue Southeast Bellevue, Washington 98008-5452 Telephone (425) 649-7145 If more than 180 days pass and the State has not responded to your individual WQC/CZM request, the WQC/CZM requirement becomes waived. This NWP verification will be valid for 2 years from the date of this letter, or until the date the NWPs are modified, reissued, or revoked, whichever is sooner. If the authorized work has not been completed by that date, you should contact us to find out what permit requirements are then in effect. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply with other Federal, State, and local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed Certificate of Compliance. If you have any questions, please contact me at telephone (206) 764-6905. Sincerely, yl*� 41., af4d Joseph W. Brock Project Manager Enforcement Section Enclosures Nationwide Permits / Seattle District/ 13 May 2002 13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into or out of any wetland area; f. No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" General Condition 13 and the District Engineer determines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWP may not be used for the channelization of waters of the US. (Sections 10 and 404) Regional Conditions — 1. The permittee must notify the District Engineer in accordance with National General Condition 13 for all bank stabilization projects. 2. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition. To enable the Corps in making this determination, the notification must include the following assessments: a. The cause(s) and mechanism(s) of any existing or imminent bank failure in the project area; Nationwide Permits / Seattle District/ 13 May 2002 a. The cause(s) and mechanism(s) of any existing or imminent bank failure in the project area; b. Sediment movement and deposition patterns in and near the project area, with and without the proposed project, c. Existing and with -project habitat conditions including use of the project area by animal and plant species. d. Why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. e. How the proposed project incorporates 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, beach nourishment in certain circumstances, and fish friendly riprap designs. 3. The permittee shall minimize the disturbance of existing vegetation in the project area and, following construction, revegetate disturbed areas with native plant species. NOTE: Information useful in preparing the assessments required above are: • the Washington State Department of Fish & Wildlife's Integrated Streambank Protection Guidelines, http://www.wa.govlwdfwlhablahglispgdoc.htm#toctop, (especially for fresh waters); • King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem, http://dnr.metrokc.gov/wlr/watersheds/puget/nearshore/sonr.htm, • the White Papers, Marine and Estuarine Shoreline Modification Issues, and Ecological Issues in Floodplains and Riparian Corridors, Over -Water Structures: Freshwater Issues http.,Ilwww.wa.govlwdfwlhablahglmamrsrc.htm NOTE: Bank protection length, especially in the case of barbs, is measured as the total length of shoreline/bank to be protected by the structure. NOTE: This nationwide permit does not authorize discharges of fill for bank protection in special aquatic sites including wetlands, mudflats, and pool and riffle complexes waterward of the ordinary high water line. State 401 Certification — Denied without prejudice. CZM Consistency Response — Denied without prejudice. 2 Nationwide Permits / Seattle District/ 13 May 2002 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 USCG, or for other construction activities not subject to the Corps or USCG regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre -project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the U.S. (See 33 CFR Part 322). The permittee must notify the District Engineer in accordance with the "Notification" General Condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add Special Conditions, where necessary, to ensure environmental adverse effects is minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g. construction mats in wetlands where practicable.). (Sections 10 and 404) Regional Conditions — 1. Temporary fills may be in place for up to six months only, unless the applicant requests and receives approval for an extension from the District Engineer. Additional timing adjustments may be included to lessen impacts during critical times for migratory species. 2. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 3. This NWP is prohibited from use in playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. An individual permit application must be submitted for proposed work in these areas. State 401 Certification —Denied without prejudice. CZM Consistency Response —Denied without prejudice. FSTARI ISH in" OF ORIGINAL ORDINARY HIGH WATER MARK ♦It TO L^IJ I. J I I\LnIVI Un1Vf\ DO NOT DISTURB ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK 0 10 20 Reference: zuu<-7-v - --i Appl. By: City of Renton Proncsed: bank stabilization Purpose: prevent access road erosion EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD DETAIL n b + 75 VINV111lx I I II VI I TV/ II -I\ IYIn1\I\ NOTES: EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE 1 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 In: North Fork Rolling Hills Creek At: Renton County: King State: WA Pagel of C�> I ROADWAY RESURFACE - PER STANDARD DETAIL EXIST. :KERY, REMOVE ROCK �p AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS OR STREAM BOTTOM NEW CB AND DRAIN PIPE. SEE PLAN ,,,,I S A I T 8+ 2 _ � NEW EDGE OF / ACCESS ROAD -/OIL KUC ,� REMOVE & DISPOSE OF TWIN 36" 0 RCP CULVERTS low INSTALL FINE MESH JUTE MATTING, FROM TOP OF BANK TO STREAM HIGH WATER FLOWLINE, 3 LOCATIONS PLANT WILLOW, SALMONBERRY, AND RED -OSIER DOGWOOD FROM ON -SITE STOCKS, SEE STANDARD DETAIL NOTES: -U ORDINARY HIGH-- ( WATER MARK "NEW BOULDER WEIRS (SPACED 15' APART) AND "KEY" INTO BANK. DOWNSTREAM WEIR TO HAVE BURIED BED C', CONTROL ROCKS. NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORTS, MATCH WITH EXIST GROUND, TYP SEE STANDARD DETAIL IF THERE ARE NOT SUFFICIENT ON -SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM 'FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 0 10 20 September 14, 2001 lammani 1 " = 10 9 Reference: 2002 - I/ - oos33 In: North Fork Rolling Hills Creek lAppl. By: City of Renton At: Renton County: King Propobea: bank stabilization State: WA Purpose: nrevent access read Prnsinn IPanP of l' / ROADWAY RESURFACE i �+ 0 5' -10 INSTALL NEW 3'\ �� HIGH ROCKERY (9 TOE OF BANK,\\\\\\\ REMOVE\ ANL),, D1SRCSE\ OF EXIST.\4'8"\STEEL \� CULVEK RI NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORT 1 cA 10 MATCH WITH 1 EXISTING GROUND, TYP 1 NOTES: 15' MIN. INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. INSTALL ROCKERY PER STANDARD DETAIL FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ORDINARY HIGH WATER MARK INSTALL NEW 3' HIGH ROCKERY © TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS I91101013-DIM? THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 0 10 20 September 14, 2001 1 = 10 Reference: 200z-4 - 60s-33 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Creek At: Renton County: King State: WA Page y of L EDGE OF EXIST ACCESS ROAD CLEANOUT IN MH LID - � REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/O EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK 0 10 20 1" = 10, FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION -qt+00 it t. 7j' ROAD WASHOUT REPAIR STREAM BANK STABILIZATION September 14, 2001 Reference: 2002-1-066'33 In: North Fork Rolling Hills Creek Appi. By: City of Renton At: Renton County: King Proposed: bank stabilization State: WA Purpose: prevent access roan erosion Page ? of /CO ffDGE EXIST. / ACCESS ROAD l Tq S / x --� 10" S — —— — S- 15�, / STA 15+60 INSTALL NEW BOULDER WEIR TYPICAL INSTALLL NEW 15 FT. LONG/ x 4 FT. WIDE WALL WAY BRIDGE, \ \ \ \ \ \ \ RDNAR) PN4N \ \ \ \ \ \WATER\MARK \ \ MACH W/ GROUND EMOVE AND DISPO \ \ \ \ \ \TYPICAL \ \ \ \ BO H SIDES. EXISTING 48" 0. CMP CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH / �� NEW. VERIFY EXIST DEPTH ' AND LOCATION PRIOR TO NEW co�b / a� CONSTRUCTION NOTES: C,) / / INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. i ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK FIGURE 4 THUNDERHILL ACCESS ROAD REPAIR STATION 16+00 CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE o 0 10 20 September 14, 2001 .d . T� 1 � = 10' Reference: 2002-11- oosa3 In: North Fork Rolling Hills Creek Appl. By: City of Renton At: Renton County: King Proposed: bank stabilization ,State: DNA Purpose: prevent access road erosion IPage 6 of �: NATIONWIDE PERMIT CONDITIONS A. NATIONAL GENERAL CONDITIONS — page 1 B. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS — page 8 C. FURTHER INFORMATION — page 9 A. NATIONAL GENERAL CONDITIONS: The following National General Conditions and Regional General Conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. 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. 4. 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. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. 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 or tribe in its Section 401 Water Quality Certification and Coastal Zone Management Act consistency determination. Note: Statewide Regional Conditions have been added for activities within Texas. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely 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). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For N WPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal 401 certification (either generically or individually) does not require or approve water quality management measures, the permittee must provide water quality management measures that will ensure that the authorized work does not result in more than minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality (refer to General Condition 21 for stormwater management requirements). Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see 33 CFR 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. 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 is located in the 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 may affect Federally -listed endangered or threatened species or designated critical habitat, the 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. 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. (b) 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 USFWS 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 USFWS and NMFS or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nmfs.noaa.gov/prot_res/overview/es.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing; where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the notification is complete within 30 days of the date of receipt and can 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 notification 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 notified in writing by the District or Division Engineer that an Individual Permit is required; or (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the 2 procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. 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) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of the US will be minimized to the maximum extent practicable; (7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NWP 29 (Single -Family Housing), the PCN must also include: (i) Any past use of this NWP by the Individual Permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1/4-acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than 1/4-acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the -entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information identifying the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization for losses of waters of the US were achieved on the project site; (13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset losses of waters of the US or justification explaining why compensatory mitigation should not be required. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear - feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, and that any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; (15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee may proceed; (16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, 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. (c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(18) of General Condition 13. A letter containing the requisite information may also be used. (d) 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. The prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. 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. 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 is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. 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 days of receiving a complete PCN and determine whether the conceptual or specific 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 proposal 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 proposal that would reduce the adverse effects on the aquatic environment to the 4 minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than 1/2-acre of waters of the US, the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), 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 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 notification that the resource agencies' concerns were considered. As required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps (For NWP 29 see paragraph (b)(9)(iii) for parcels less than (1/4-acre in size). The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. 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 US authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit (e.g. 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 US for the total project cannot exceed 1/3-acre). 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the C WA). 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the maximum extent practicable at the project site (i.e., on site). 5 (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 impacts requiring a PCN, 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. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. (d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4-acre of wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss associated with NWP 39 verification. However, 1/2-acre of created wetlands can be used to reduce the impacts of a 1/2-acre loss of wetlands to the minimum impact level in order to meet the minimal impact requirement associated with NWPs. (e) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed. (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., easements, deed restrictions) of vegetated buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In.cases where vegetated buffers 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 impacts. (g) Compensatory mitigation proposals submitted with the "notification' may be either conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the US. (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity - specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the mitigation plan. 20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. m 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, 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) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in a determination of compliance with this condition. (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 13, 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. 26. Fills Within 100-Year Floodplains. For purposes of this General Condition, 100-year floodplains will be identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the US within the mapped 100-year floodplain, below headwaters (i.e. five cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US within the FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed within 12-months after such date (including any modification that affects the project). For activities that have been verified and the project was commenced or under contract to commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a Corps approved completion date maybe requested. This request must be submitted at least one month before the previously approved completion date. B. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Mature Forested and Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in mature forested wetlands or bog and bog -like wetlands or just these components of a wetland system (as defined in the 7 Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 3. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12-- Utility Line Activities (substations and access roads) NWP 13-- Bank Stabilization NWP 14-- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29-- Single -Family Housing NWP 39-- Residential, Commercial, and Institutional Developments NWP 40-- Agricultural Activities NWP 41-- Reshaping Existing Drainage Ditches NWP 42-- Recreational Facilities NWP 43 -- Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue), then south to the centerline of I-5; then east (northbound lanes) along I-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along I-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 4. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), the following NWPs can be used only in those areas designated as "Developable Wetlands": NWP 14-- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29-- Single -Family Housing NWP 33-- Temporary Construction, Access and Dewatering NWP 39-- Residential, Commercial, and Institutional Developments NWP 40— Agricultural Activities NWP 41-- Reshaping Existing Drainage Ditches NWP 42-- Recreational Facilities NWP 43 -- Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for any acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000 An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek, (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Watet mark of the Green River on the east and north. 5. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times. Work prohibition times: (1) Nesting between January I and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office - (360) 753-9440 East of Cascades: Ephrata - (509) 754-8580 or Spokane - (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland - (503) 231-6179 C. FURTHER INFORMATION 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other Federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. 6. Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be accessed on our Internet page: http://www.nws.usace.army.mil/re reg.htm 6 CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 2002-4-00533 Name of Permittee: Renton, City of Date of Issuance: SUN 18 2002 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers' representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above referenced permit has been completed in accordance with the terms and conditions of your permit. The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee NWP 13 & 33 King, County of 11 February 1997 CLM7; B:CERTCOMP.97 ro HAMMOND COLLIER WADE LIVING•STONE 4010 Stone Way North, Suite 300 Seattic, Washington 98103-S090 FAX NO.: (206) 632-0947 'TELEPHONE NO.: (206) 632-2664 PLEASE DELIVER TO: Name: ;//I: i Firm: µ d d G Location: Tcicfaa No.: SENT FROM N1cnc: TOTAL PAGES: If you do not receive all of these pages, please call as soon as possible. Thank you. Cl Original will be mailed. C7 Orig n tl wiL not be misled. Cormn err es va a' - �'��' rya � � �.� �� °�'�-.'° � •� � , � � , Date Tra�nsrutted: -/ -"f 3 — S% 90/ T 0d Lt60 ZS9 90Z=Q I 3111V39 •IMOH 6S : S T Z0-S T -S0 From: "Brock, Joseph W NWS" <Joseph.W.Brock@nws02.usace.army. mil> To: "'mbenoit@ci.renton.wa.us"' <mbenoit@ci.renton.wa.us> Date: 4/22/02 1:29 PM Subject: Thunderhill Access Road permit Michael Benoit, The November 16, 2001, permit authorization you received (Corps Ref. 2001-4-00827) for Nationwide permits 13 and 33 to place rock for bank protection in North Fork Roiling Hills Creek at Renton, Washington expired on February 11. 2002. You must resubmit your application and drawings (with any revisions) for this project and receive authorization from this office prior to beginning construction. The new application will receive a new reference number. Since your permit expired, the Nationwide Permits (NWP) and general conditions have been reissued (Federal Register/Vol. 67, No. 10/January 15, 2002). The new NWPs are posted on our web site. NWPs 13 and 33 were reissued without change. However, addition Regional conditions have been added to NWP 13 for bank stabilization. The additional regional conditions deal primarily with notification requirements. I have attached the additional new NWP 13 regional conditions below. Please address these to the best of your ability when submitting the new application. «NWP 13 RC.doc>> It was determined in the previous permit that this project will have no effect to species listed under the Endangered Species Act (ESA). The ESA review typically lengthens the time it takes to receive a permit decision. Because ESA is not an issue for your project, you should get a new permit rather quickly. If you have any questions please give me a call, 206-764-6906. Joe Brock Enforcement Section Seattle District, U.S. Army Corps of Engineers 80/ZOd Ltb60 Z£9 90Z=Q I 3'I11V3S 'IMOH 6C : S i Z0-£ T -S0 13. Bank Stabilization. Regional Conditions — 1. The permittee must notify the District Engineer in accordance with National General Condition 13 for all bank stabilization projects. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition. To enable the Corps in making this determination, the notification must include the following assessments a. The cause(s) and mechanisms) of any existing or imminent bank failure in the project area; jb. Sediment movement and deposition patterns in and near the project area, with and without the proposed project; c. aisting and with project habitat conditions including use of the project area by animal and plant species. r d. Why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved e. How the proposed project incorporates least environmentally fi 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, beach nourishment in certain circumstances, andfsh friendly riprap designs. 2. The permittee shall minimize the disturbance of existing vegetation in the project area and, following construction, revegetate disturbed areas with native plant species. 90/sOd LV60 ZE9 90Z=QI 311IV39 VA314 Ot:ET ZO-ET-SO NOTE: Information usefid in preparing the assessments required above are: the Washington State Department of Fish & Wildlife Is Integrated Streambank ,Protection Guidelines, http -/'www wa gov/wdfw/hab/ahg1isp doc htin #toctop, (especially for fresh waters); King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem, http://dnr.ms/ ttget/nearshoreisonr.hrm the White Papers, Marine and Estuarine Shoreline Modification Issues, and Ecological Issues in Floodplains and Riparian Corridors, Over -Water Structures: Freshwater Issues http % vWw wa.VVAV {w/hub/ahg/marnrsrchtm NOTE: Bank protection length, especially in the case of barbs, is measured as the total length of shoreline/bank to be protected by the structure. NOTE: This nationwide permit does not authorize discharges of fill for bank protection in special aquatic sites including wetlands, mudflats, and pool and riffle complexes waterward of the ordinary high water line. 20/b0d Lt60 ZS9 90Z=Q I 3111VZS 'ItAOH 0t? : S T Z0-S T -S0 City of Renton Thunder Hills Sanitary Sewer Pipeline (a.k.a. North Fork Rolling Hills Creek) Access Road Repairs Notification to District Engineer in accordance with National General Condition 13, assessing conditions of bank stabilization project. The following conditions are assessed, in bold type: a. The cause(s) and mechanisms) of any existing or imminent bank failure in the project area. One existing and one potential bank failure are being stabilized in this project. The existing failure is a slump of an earth bank which carried part of an unpaved utility access roadway into the stream. The potential stream bank failure is being stabilized to prevent a similar slump where erosion has begun to undercut the roadway embankment. b. Sediment movement and deposition patterns in and near the project area, with and without the proposed project. No changes in sediment movement and deposition patterns are expected as a result of the project, whose effects are intended to stabilize the existing stream profile and cross section. c. Existing and with -project habitat conditions including use of the project area by animal and plant species. Limited clearing and grubbing, mainly tharli-r� over an existing culvert, will remove some vegetation within the project area, resulting in a loss of habitat for small birds and animals. This condition will be negligible, as project restoration includes planting with native species. Permanent change will result from a total of 250 linear feet of stream bank being stabilized with approximately 1410 square feet of streamside rockery wall d. Why the discharge must occur in waters of the United States and why avoidance or additional miation cannot be achieved. The project is necessary to preserve access to existing City utilities (sewer interceptor lines) by repairing and stabilizing the existing access road paralleling the stream. Discharge of sediments into the stream will be minimized by temporarily diverting the waters around those portions of the bed and banks subject to earthwork and renovation. The project includes culvert removal in three places to benefit the natural functions of the stream. Minimization of disturbance has been designed to the fullest extent practicable. 89/S6d Lb66 ZE9 96Z=Q I 9711vgs 'IMOH Ttb : 9 T ZG-9 T -So e. How the proposed project incorporates the least environmentally damaging practicable bank protection methods. These methods include but are not limited to the use of bioengineenng, biotechrucal design, root wads, large woody debris, native plantings, beach nourishment in certain circumstances, and fish friendly riprap designs. Stream banks in the project area are to be protected and left undisturbed except within areas designated for improvements. Disturbed areas will be hydroseeded and protected with fine jute matting, then planted with live stakes of local red osier dogwood, salmonberry and willow. Large woody debris and root wads from clearing uphill of the road will be placed at the edge of the stream bed. 80/90d Lb60 ZC9 90Z=QI 3'IJJV3S JMOH T17:ET ZO-ST-SO HYDRAULIC PROJECT APPROVAL Statc ofWasbington of ItCW 77.55.X a eal_ urstl nt to Cha ter 34.05 RCW Depnrttaent of Fiab and Wildlife Region 4 Office { / - 16018 Mill Creek Boulevard Wnlg,. sx� y- Mill Creek Washington 98012 DAxE QF ISSM; January 16, 20_OZ LOG R: - � 3 5 -0 T�. .r.`i�r \Jti�ii';.t?r7 :�vb'�•, �Ivp +r�--L;,� �r,rt p�f C ✓, .J'L�G :) (�;�^7.t. ��H r r�ii,,..v�.::..tom Lam/ 1'ti�•J-C-� t. i M, cry .Z A kCZ c I PERMITTEE RMED AGENT R City of Renton - Wastewater Utility I Not Applicable RECEIVE® ATTENTION: Michael Benoit JAN 18 2002 1055 South Grady Way, 5'' Floor Renton, Washington 98055 CITY OF RENTON (425 430-7206 UTILITY SYSTEMS PROJECT DESCRIPTION: Remove three culverts, Install footbridges to support aerial utility pipe crossings. Install a small outfall to stop bank erosion. Install bank protection/stabilization measures and stream bed controls. PROJECT LOCATION: Thunder Hill Sanitary Sewer Access road from north of S. I S' Street and Grant Ave. S. intersection, approximately 2300 feet northwest along the access road, Renton. WRL6 WATERROpy TRTBVTARX TO X 4$E U,9- TOWNSH RAN O 1 09.0005 Unnamed t'Thundcr Hill Cr(:ek) Spring Brook Creek 20 23 North 05 East • King 1. The project may begin Tuly 1, 2002 and shall be completed by October 1, 2002. 2. Work shall be accomplished per plans and specifications entitled, `Thunder Hills Sanitary Sewer Pipeline Access Road Repairs', dated June 26, 2000, and submitted to the Washington Department of Fish and Wildlife, except as ° modifie Irby this iydr � .j „ �QjeGt..ApprQxal. These plans reflect design criteria per Chapter 220-110 WAC. These �F, 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. Footbridge and aerial conduit crossing 3. Excavation f r and plaeemen of thf oun a ion and superstructu side the ordinary high water line. e hall be ou 4. The bridge shall be constructed to pass the 100y earp�teaak flow with considerationl of debris likely to be encountered. S. Supp rtstructures for aerial c duit crossm s shall be located and armored to prevent scour or undermining. Bank protection/stabilization 6. Placement of bank protection material waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank and the stream bank. v K. , 7. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not enter the water. OK —.- ]Bank protection material shall be clean, angular rock, and shall be installed to withstand 100 peak flows• River travels or other round cobbles shall not be used as exterior armor. Page I of 4 86/L6d Lt60 ZS9 90Z=Q I 31I.1vas VA014 Tb : E T Z0—E T —S0 HYDRAULIC PROJECT APPROVAL State of Washington %AkOMd RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Region 4 t of Office Fish and Wildlife Region A Office Flag -a 16018 Min Creek Boulevard W ht M Mill Cretk, Washington 98012 DATE OF TSSUE January 16.2002 LOG R: 00-1 �159-01 Culvert removal 9. The existing culverts, and fill, shall be removed, and the disturbed bed and bank areas shall be reshaped to preproject configuration. �. 10. All earth and/or fill material covering the culverts shall be removed prior to removal of the culvert.. Water main (conduit) relocation 11. The conduit shall Jbjee installljeYt s ficient �epth so that subsequent disturbance of the streambed is avoided. tom✓ i_ - y � g - 12. When using trench excavation, the trench shall be excavated in the dry or shall be isolated from the flowing stream by use of a bypass• The existing culvert may be used as the bypass until the new water pipeline has been installed and the streeaaR e3"stabilized. Disturbance of the streambed shall be limited to the amount necessary to install the new water pip line. 4 13. The trench may be with streambed material removed as a result of the culvert removal_ e,-7 14. Excess spoils shall be disposed of so as not to enter the stream.: Outfall installation 15. The stream bank at the point of the outfall discharge shall be armored to prevent scouring. 4R jc�.. General Provisions 16. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. r Within thirty calender days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks, including ri rap areas, shall be re e ed with native or other approved woody species. Vegetative cuttings s 1 be planted at a m um interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. 0y, , f�efeOA 1 17. Erosion control methods shall be used to prevent silt -laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. & . 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. SEPA: MD-NiS by City of Renton final on April 16, 2001, APPLICATION ACCEPTED: July 30, 2001 ENFORCEIYMNT OFFICER: Boone 030 [P3] Tony Oppermann (425) 379-2309 /� _ for Director Area Habitat Biologist WDFW Page 2 of 4 80/80d Lt60 Z09 90Z=QI 3'Illv3S 'IMOH Zt : S T Z0—C T —S0 $, CITY OF RENTON ..LL Planninouilding/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator January 23, 2002 Russ Snow Hammond, Collier & Wade — Livingstone Associates, Inc 4010 Stone Way North, Suite 300 Seattle WA 98103-8090 SUBJECT: THUNDERHILL ACCESS ROAD Russ, The City of Renton has received the Hydraulic Project Approval (HPA) and Army Corps of Engineers Decision for the Thunderhill Access Road Restoration Project. As we discussed on the telephone, the Corps' decision is valid as long as we are under construction or under contract for construction by February 11, 2002. We contacted the Corps to find out about the short time frame and what our options are. We are authorized to do the work under Nationwide Permits (NWP) 13 and 33. Both of these NWPs expire February 11, 2002. The Corps is not sure when they will have the renewed NWPs, but they are estimating it will be by the end of March. They have suggested that we contact them after March and they will look at reissuing the determination under the new NWPs. They seem to_ indicate that it will be a relatively quick turnaround as long as nothing has changed on the project. We are planning on two reviews of the project. We would like you, as the engineer who is stamping the drawings, to review the comments and requirements from the agencies to ensure that the plans and specifications meet them. We are also going to have Adolfson Associates, the environmental consultant who did the biological review (for ESA) for the project, review the plans and specifications against the agencies' comments. We would like to have the project on the counter by the first of May so it will have to be a quick turn around. We would like to contract with Hammond, Collier & Wade — Livingstone Associates, Inc (HCWL) for additional work on this project. Please prepare a scope of work and cost estimate to cover: 1. Potential review and update of plans and specifications based upon comments from Corps, Ecology, and Fisheries. 2. Potential service during bid and construction such as answering questions that bidders may have, review of submittals, and possible redesign during construction for unforeseen conditions. 3. Potential provision of a full time on -site project manager/inspector for the project. The City would like a full time inspector on -site. At this time, our Development Services Section is indicating that they can provide the full time inspector. If they can, the City would handle the day-to-day management of the project and call on HCWL for technical expertise. If it turns out that the City cannot provide the full time inspector, we would utilize HCWL for the inspection and field management of the project and they would coordinate with us.. 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE January 23, 2002 Page 2 We have enclosed copies of the HPA and the Corps decision for your use. We will forward a copy of the new Corps decision when we get it, although we do not anticipate any significant changes. If you have any questions, you may contact me at (425) 430 7206. Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosure \\CENTRAL\SYS2\DEPTS\PBPW\DIVISION. S\UTILITIE.S\WASTE. W TR\Thunderh it I\HC WL09.doc\MAB:lf 06/21/02 13:05 FAX 425 649 7098 DEPT OF ECOLOGY I?J001 rTA �I STATE OF WAS Post-ItO Fax Note 7671 Date ,2 paq°es► To V %r f1 Q„ P o I+ l/+` + W From /1 - /`► CoJDept. Co. Phone # Phone Fax It Z!� �-1 Fax # DEPARTMENT Or tLvLUUT Northwest Regional Office - 3190 160thAvenue SE • Bellevue, Washington 98008-5452 - (425) 649-7600 June 21, 2002 Michael Benoit City of Renton 1055 South Grady Way 5"' Floor Renton, WA 98055 Dear Mr. Benoit: Re: U.S. Army Corps of Engineers Reference #2002-4-00533 Nationwide Permit #13 and 33 to authorize bank stabilization in North Fork Rolling Hills Creek at Renton, 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 fron the Department of Ecology. Your project does not meet the state criteria for requiring a certification under Nationwide Permit 13 or 33. Please note this verification does not exempt, and is provisional upon compliance with other statutes and codes administered by federal, state and local agencies. Please call m at (425) 649-7145 if you have questions or would like more information. Sincerely, Alice Kelly Federal Permit Coordinator Shorelands and Environmental Assistance Program A.K:ax cc: Joseph Brock, Corps of Engineers /Z_ PA- 0is 0 s ti�Y o City of Renton PLANNING/BUILDING/ ♦ PUBLIC WORKS DEPARTMENT Utility Systems - Fifth Floor 1055 South Grady Way Y Y Renton, WA 98055 TO: Alice Kelly Washington State Department of Ecology Phone: ( ) Fax Phone: (425) 649-7098 Date: 06/21 /02 FROM: Mike Benoit Mbenoit@ci.renton.wa.us Phone: (425) 430-7206 Fax Phone: (425) 430-7241 SUBJECT: Thunder Hill Access Road I Number of pages including cover sheet 3 Repairs I REMARKS: ElOriginal to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review Per our conversation, we are sending you a copy of the Corps determination. We are trying to put the project out to bid as soon as possible to get the most of the Fishery Window. We don't want to start printing copies of the plans and specs until we are very sure that no changes are necessary. We would appreciate if you could fax or e-mail your response (or give me a call with a verbal) so we can move ahead with printing while the Post Office does their thing. I Thanks RENTON AHEAD OF THE CURVE d �,rf � MATES OF P�'fp • • Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 City of Renton, Wastewater Utility ATTN: Mr. Michael Benoit 5`h Floor 1055 South Grady Way Renton, Washington 98055 Dear Ladies and Gentlemen: J U N 18 2002 tc F. JUr! 19 2002 U17N �SRS- R°" Reference: 2002-4-00533 Renton, City of This letter is in response to your application requesting Department of the Army authorization to place riprap for bank stabilization in North Fork Rolling Hills Creek at Renton, King County, Washington. The regulations which govern our permit program contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 13 and NWP 33 (Federal Register, January 15, 2002, Vol. 67, No. 10) authorize "Bank Stabilization" and "Temporary Construction, Access and Dewatering," respectively. The entire text of NWP 13 and NWP 33 including their specific regional conditions are enclosed. The NWP 13 and NWP 33 authorize the above -described proposed project. The work must be performed as depicted on the enclosed drawings and in accordance with the enclosed Nationwide Permit Conditions in order to remain authorized by the nationwide permits. Endangered Species Act Compliance: One of those specific conditions that applies to all NWPs is General Condition 11, which deals with the Endangered Species Act (ESA). In this case, all the requirements of the ESA have been met, and you are in full compliance with General Condition 11. National Historic Preservation Act Compliance: The Corps has completed the necessary review and coordination under Section 106 of the National Historic Preservation Act (NHPA). The Corps has determined that no historic properties are affected by the project as proposed. Unless new information arises, no further consultation is necessary under Section 106 of NHPA. -2- In order for this NWP to be valid, you must obtain and comply with an individual Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response determination from the State of Washington prior to commencing any work. Please telephone or send your plans to: Washington State Department of Ecology Northwest Regional Office 3190 — 1601h Avenue Southeast Bellevue, Washington 98008-5452 Telephone (425) 649-7145 If more than 180 days pass and the State has not responded to your individual WQC/CZM request, the WQC/CZM requirement becomes waived. This NWP verification will be valid for 2 years from the date of this letter, or until the date the NWPs are modified, reissued, or revoked, whichever is sooner. If the authorized work has not been completed by that date, you should contact us to find out what permit requirements are then in effect. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply with other Federal, State, and local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed Certificate of Compliance. If you have any questions, please contact me at telephone (206) 764-6905. Sincerely, Joseph W. Brock Project Manager Enforcement Section Enclosures DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 T��'STAit..� Of P t ATTENTIONREPLY TO OF Regulatory Branch City of Renton Wastewater Utility ATTN: Mr. Michael Benoit 5th Floor 1055 South Grady Way Renton, Washington 98055 Ladies and Gentlemen: NOV 16 2001 RECEIVED NOV 19 2001 CITY OF RENTON UTILITY SYSTEMS Reference: 2001-4-00827 Renton, City of This letter is in response to your application requesting a Department of the Army authorization to place rock for bank protection in North Fork Rolling Hills Creek at Renton, Washington. The proposed project will prevent erosion to a sewer line access road. The regulations which govern our permit program contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 13 and NWP 33 (Federal Register, December 13, 1996, Vol. 61, No. 241 and/or March 9, 2000, Vol. 65, No. 47) authorize "Bank Stabilization" and "Temporary Construction, Access and Dewatering", respectively. The entire text of NWP 13 and NWP 33 including their specific regional conditions is enclosed. The NWP 13 and NWP 33 authorize the above -described proposed project. The work must be performed as depicted on the enclosed drawings and in accordance with the enclosed general conditions in order to remain authorized by the nationwide permit. Endangered Species Act Compliance: One of those specific conditions that applies to all NWPs is General Condition 11, which deals with the Endangered Species Act (ESA). In this case, all the requirements of the ESA have been met, and you are in full compliance with General Condition 11. National Historic Preservation Act Compliance: I have completed the necessary review and coordination under Section 106 of the National Historic Preservation Act. The State of Washington has partially denied 401 Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response under certain conditions. You need to check with the Washington State Department of Ecology I (State) to determine any further 401 WQC and CZM requirements. Please telephone or send your plans to the following address prior to starting work: Washington St9e.Department of Ecology Northwest Regional Office 3190 — 160th Avenue, SE Bellevue, Washington 98008-5452 Telephone (425) 649-7145 You must send us a copy of the individual 401 WQC and CZM Consistency Response authorizations for our file. In order for this NWP to be valid, you must comply with any conditions the State includes in their 401 WQC and CZM Consistency Response. You may then proceed to construction. If more than 180 days pass and the State has not responded to your individual 401 WQC and CZM Consistency Response request, the 401 WQC and CZM Consistency Response become waived. To confirm this, you must send us a copy of only your 401 WQC application and then receive a letter from the U.S. Army Corps of Engineers before proceeding with your proposed work. This NWP verification will be valid until February 11, 2002. Our regulations state that if your project is under construction, or under contract to construct, before the expiration date, then the NWP authorization will remain in effect for 12 additional months. If you are not under contract, you must contact this office to determine permit requirements. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply with other Federal, State, and local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed compliance statement. If you have any questions, please contact me at telephone (206) 764-6905. Enclosures Sincerely, Joseph W. Brock, Project Manager Enforcement Section REESTABLISH 10' DRIVING SURFACE EDGE OF WASHOUT NEW ROADWAY FILL�••� BARROWMATERIAL, GRAVEL CONFORM W1 APWA/WSDOT IL -: _ •_;.r•� :-fir-,, �:-� .r.� :L--.!T•:r-;., .r��'��:I���1�1.�w•.1.I�i:1_:�:w:•.•�I:••.�.�. .n� r ,. .. • .r • �. �. .•.�-� ., • ti. �.-,.. • y-. • • i + a +. • w i • w • • • • A ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK 0 10 20 1 = 10 Reference: 2001-4-00827 ORDINARY HIGH WATER MARK NOTES: EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE 1 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills CreeK At: Renton County: King State: WA Page Z of 6, I ROADWAY RESURFACE U� PER STANDARD DETAIL EXIST. ROCKERY, REMOVE ROCK cp AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS I OR STREAM BOTTOM NEW CB AND DRAIN I PIPE. SEE PLAN I S A �• •.• -• .. . 11•1I*3 IF THERE ARE NOT SUFFICIENT ON —SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK 0 10 20 1" = 10' Reference: 20014-00827 Appl. By: City of Renton Proposed: bank stabilization FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE September 14, 2001 In: North Fork Rolling Hills Creek At: Renton County: King State: WA ROADWAY RESURFACE t t INSTALL NEW 3'—%" HIGH ROCKERY ® TOE OF BANK•\\\\\\\\- REMOVL\ AND, D45ROSE`` OF EXISTT.\418"\STEEL \ CULVEK 4ZIR NEW 48" WIDE GLULAM BR WITH PIPE SUPPORT MATCH WITH EXISTING GROUND, TYP NOTES: INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. INSTALL ROCKERY PER STANDARD DETAIL FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ORDINARY HIGH WATER MARK INSTALL NEW 3' HIGH ROCKERY ® TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS FIGURE 3 THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 0 10 20 September 14, 2001 1 = 10 Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Creek At: Renton County: King State: WA Paqe y of 4; EDGE OF EXIST ACCESS ROAD 1 is CLEANOUT IN MH LID - STA 11 + 0 , 1 ORDINARY HIGH WATER MARK REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/0 EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION 41100 i t + 7.i" ROAD WASHOUT REPAIR STREAM BANK STABILIZATION 0 10 20 September 14, 2001 1 = 10, Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills CreeK At: Renton County: King State: WA Page -5- of lv EDGE EXIST. ACCESS ROAD FMEF—MdOWAMM-h!%� 10" S STA 15+60 INSTALL NEW BOULDER WEIR TYPICAL INSTALL NEW 15 FT. / \ \ \ \ \ \ \ }�D*MARX PIJGH \ LONG/ x 4 FT. WIDE \WATER\MyARK \ \ WALV WAY BRIDGE, / / MATCH W/ GROUND/ / EMOVE AND DISPO \ \ \ \ \T`W; CAL \ \ \ \ BOTH SIDES. EXISTING 48" 0. CMP / / CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH Cl) / AND LOCATION PRIOR TO NEW CY) CO / CONSTRUCTION NOTES: INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED / AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, h / / AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. / FIGURE 4 ORDINARY HIGH WATER MARK (OHWM) THUNDERHILL ACCESS ROAD APPROXIMATE DEPTH OF OHWM REPAIR STATION 16+00 IS 1.0 FEET AT CENTERLINE CREEK CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE 0 10 r1 20 September 14, 2001 . . 10' Reference: 2001-4-00827 In: North Fork Rolling Hills Creek Appl. By: City of Renton At: Renton County: King Proposed: bank stabilization State: WA Purpose: prevent access road erosion Page 6 of 6 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 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, or for other construction activities not subject to the Corps or U.S. Coast Guard regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre -project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). The permittee must notify the District Engineer in accordance with the "Notification" general condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where necessary, to ensure that adverse environmental effects are minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g., construction mats in wetlands where practicable.). (Sections 10 and 404) Regional Conditions — 1. The discharge is not authorized in documented habitat for State - listed endangered, threatened, or sensitive animal species. 2. Temporary fills may be in place for up to six months only, unless the applicant requests and receives approval for an extension from the District Engineer. Additional timing adjustments may be included to lessen impacts during critical times for migratory species. NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 3. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 4. This NWP is prohibited from use in playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. An individual permit application must be submitted for proposed work in these areas. EPA and State 401 Certification — Partially denied without prejudice. An individual 401 Certification is required for projects authorized under this NWP if required by any EPA or State Regional General 401 Condition and that. Impair surface water flow into or out of a wetland; or, 2. Affect more than 113 (one-third) acre of waters of the U.S. Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. CZM Consistency Response — Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. 2 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type, or is placed in any location, or in any manner, so as to impair surface water flow into or out of any wetland area; No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" general condition and the District Engineer determines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWP may not be used for the channelization of a water of the United States. (Sections 10 and 404) NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Regional Conditions — The following bank stabilization activities may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" general condition and the adverse impacts are determined to be minimal. a) Activities exceeding 112 cubic yard per running foot of fill material, or, b) Proposed projects using any upright structures (e.g., retaining walls, concrete, or timber bulkheads, etc.). 2. Alteration or disturbance of existing bank vegetation shall be held to a minimum, and revegetation shall occur in areas where vegetation was destroyed by riprap placement or project construction. Measures such as hydroseeding with annual, or non-invasive grasses may be used for temporary erosion control. 3. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 4. The construction of new or additional bank protection or the repair or replacement of existing permitted bank protection will incorporate the least environmentally damaging practicable methods. These methods would include the use of bioengineering, biotechnical design, root wads, large woody debris, plantings, etc. EPA 401 Certification — Partially denied without prejudice. All projects receiving coverage under this NWP are subject to the following conditions and those in the EPA Regional General 401 Conditions: 1. An individual 401 Certification is required for projects over 250 feet long or exceeding an average of 112 cubic yard of material per running foot. 2. The linear distance may be increased to a total project length of 500 feet long if bioengineering, approved by the U.S. Fish and NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Wildlife Service and/or National Marine Fisheries Service, is incorporated into the bank stabilization project. 3. The 112 cubic yard limitation can be increased to incorporate the placement of fish enhancement structures into the bank stabilization project (i.e. rock barns). This work shall be approved by the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. 4. An individual 401 Certification is required for all upright (vertical or near vertical) bank stabilization structures (i.e. poured concrete, concrete block and rock gabion retaining walls, timber bulkheads). Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. State 401 Certification — Partially denied without prejudice. An individual 401 Certification is required for projects authorized under this NWP if required by any State Regional General 401 Condition and for the following: Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g., soil bioengineering, biotechnical design, rock barbs, etc.) as approved by WDFW 2. Proposed projects using any upright structures (e.g., retaining walls, concrete or timber bulkheads, etc.); or, 3. Projects that are greater than 500 feet in length. For proof of consistency with State 401 Certification Condition 1 above, the applicant may provide a copy of the Hydraulic Project Approval issued for the project, or a letter from WDFW stating that the project design meets WDFW approval for incorporating structures and/or modifications beneficial for fish or wildlife habitat. CZM Consistency Response — Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. Nationwide Permits I Seattle District / 7 June 2000 CONDITIONS FOR NATIONWIDE PERMITS National Conditions. The following general conditions must be followed in order for any authorization by an NWP to be valid.- 1 . Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. 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. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely 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). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. Nationwide Permits / Seattle District / 7 June 2000 9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification (either generically or individually) does not require or approve a water quality management plan, the permittee must include design criteria and techniques that will ensure that the authorized work does not result in more than minimal degradation of water quality. An important component of a water quality management plan includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality. Refer to General Condition 21 for stormwater management requirements. Another important component of a water quality management plan is the establishment and maintenance of vegetated buffers next to open waters, including streams. Refer to General Condition 19 for vegetated buffer requirements for the NWPs. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such species. 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 is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the 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. 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. (b) Authorization of an activity by a nationwide permit does not authorize the - "take" of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, Nationwide Permits / Seattle District / 7 June 2000 etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.gov/prot_res/esahome.htmi, respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can request the 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 notified in writing by the District or Division Engineer that an individual permit is required; or Nationwide Permits / Seattle District / 7 June 2000 (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address, and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(%, (5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed. (6) For NWP 14, Linear Transportation Crossings, the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement describing how temporary losses of waters of the United States will be minimized to the maximum extent practicable. (7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan. (8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation of the prior condition of the site that will be reverted by the permittee. (9) For NWP 29, Single -Family Housing, the PCN must also include: Nationwide Permits / Seattle District / 7 June 2000 (i) Any past use of this NWP by the individual permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring '/4 acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than % acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the - entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site. (11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. (12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization of losses of waters of the United States were achieved on the project site. Nationwide Permits / Seattle District / 7 June 2000 (13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP 42, Recreational Facilities, the PCN must include a compensatory mitigation proposal that offsets unavoidable losses of waters of the United States or justification explaining why compensatory mitigation should not be required. (14) For NWP 40, Agricultural Activities, the PCN must include a compensatory mitigation proposal to offset losses of waters of the United States. (15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with State and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the United States. (16) For NWP 44, Mining Activities, the PCN must include a description of all waters of the United States adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the United States, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities). (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, 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. (19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved local floodplain maps), the notification must include documentation demonstrating that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements. Nationwide Permits / Seattle District 17 June 2000 (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be used. (d) 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. The prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the process and 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. 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, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. 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 days of receiving a complete PCN and determine whether the conceptual or specific 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 stating that the project can proceed under the terms and conditions of the nationwide permit. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he 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 proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or Nationwide Permits / Seattle District / 7 June 2000 (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the United States will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than Y2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 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 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 notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson - Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. Nationwide Permits / Seattle District / 7 June 2000 (f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than Y4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. 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. 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). Nationwide Permits / Seattle District / 7 June 2000 19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in exceptional circumstances. (b) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed; (c) The District Engineer will require restoration, creation, enhancement, or preservation of other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or near streams or other open waters is the establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The District. Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address documented water quality concerns. If there are open waters on the project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 39, % acre of wetlands cannot be created to change a '/z acre loss of wetlands to a '/4 acre loss; however, '/2 acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of wetlands). If Nationwide Permits / Seattle District / 7 June 2000 the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. (d) To the extent appropriate, permittees should consider mitigation banking and other appropriate forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District Engineer determines that activity -specific compensatory mitigation is more appropriate, based on which is best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the aquatic environment are minimal. 20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and must not increase water flows from the project site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. Nationwide Permits / Seattle District / 7 June 2000 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, 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) Except as noted below, 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, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance with this condition. (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 13, 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 he determines that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100- year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the Nationwide Permits / Seattle District / 7 June 2000 prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above -grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. (b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is five cubic feet per second). (1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must include documentation that such discharges comply with FEMA or FEMA-approved local floodplain construction requirements. (2) Floodway. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the floodway of the 100-year floodplain of headwaters are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA- approved local floodplain construction requirements. Section 10 Only Condition 1. Removal, Relocation or Other Alteration to Structures. The permitee understands and agrees that, if future operations by the United States requires 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. Special Condition Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Nationwide Permits / Seattle District 17 June 2000 Corps Regional General Conditions 1. Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in bog and bog -like wetlands or just the bog or bog -like component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Mature Forested Wetlands. The use of NWPs is specifically prohibited in mature forested systems or just the mature forested component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 3. Revegetation. Though applying to all NWPs where wetland vegetation is temporarily removed, this condition most often applies to NWPs 12, 13, 14, and 33 which require restoration and/or revegetation of the temporarily impacted areas or work areas. This condition does not apply to any NWP authorizations which require a separate mitigation plan. Upon completion of the work authorized by the NWP, the site shall be replanted with the appropriate native upland or wetland vegetation during the first available planting season. Vegetation removal or destruction shall be held to the absolute minimum necessary. The applicant shall take appropriate measures to ensure revegetation success, as defined below. Success is defined as 80% of the planted area being covered with native species five years after construction is completed. If this standard is not equaled or exceeded, remedial measures (e.g., replanting, soil amendments, additional monitoring, etc.) may be required until success is achieved. Measures such as hydroseeding with annual or non-invasive grasses or groundcovers may be used for temporary erosion control. Nationwide Permits / Seattle District 17 June 2000 4. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 -- Utility Line Activities (substations and access roads) NWP 13 -- Bank Stabilization NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 -- Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue), then south to the centerline of 1-5; then east (northbound lanes) along 1-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along 1-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 5. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), only the following NWPs can be used in those areas designated as "Developable Wetlands": NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 33 -- Temporary Construction, Access and Dewatering NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for any acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Nationwide Permits / Seattle District 17 June 2000 Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek, (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 6. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times. Work prohibition times: (1) Nesting between January 1 and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office - (360) 753-9440 East of Cascades: Ephrata - (509) 754-8580 or Spokane - (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland - (503) 231-6179 NOTE: If the bald eagle is delisted (6 July 2000 at the earliest), this regional condition will no longer be valid. Nationwide Permits / Seattle District 17 June 2000 Regional General 401 Conditions State Soil Erosion and Sediment Controls. (a) For in -water construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that will meet the following requirements of the water quality standards (WAC 173-201 A-110): (1) All necessary local and State permits have been obtained; (2) Best Management Practices have been implemented; and, (3) Turbidity does not extend beyond the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction; or, (d) A radius of up to 150 feet for projects or activities within or along lakes, ponds, wetlands, estuaries, marine waters or other non - flowing waters. For WDOT in -water construction projects or activities, an individual 401 certification is not required for those projects or activities in compliance with the Ecology approved Implementing Agreement regarding compliance with the State of Washington Surface Water Quality Standards. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. (b) For upland and wetland construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that meet the applicable turbidity standards in adjacent waterbodies (per WAC 173-201A-030). Nationwide Permits / Seattle District / 7 June 2000 For WDOT projects or activities authorized under NWPs, an individual 401 certification is not required under this condition for projects or activities that are in compliance with the most current applicable WDOT Highway Runoff Manual and the Ecology -approved Temporary Erosion and Sediment Control (TESC) document for project site plans. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. 2. Stormwater Provisions. An individual 401 Certification is not required under this condition for any project or activity authorized under NWPs complying with applicable provisions of: (a) the stormwater-related conditions of an HPA issued for the project or activity; or, (b) the most current Ecology -approved version of the Puget Sound Stormwater Manual, the WDOT Highway Runoff Manual, or any other Ecology -approved local stormwater manual. Compliance may be determined by submitting a letter signed by a professional engineer certifying that the stormwater design meets the applicable manual. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). An individual 401 Certification is required for and project or activity authorized under NWPs that are not in compliance with all applicable requirements of a general or individual NPDES permit. 4. Projects or Activities Discharging to Impaired Waters. An individual 401 Certification is required for projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) if the discharge will result in further exceedances of the 303(d)-listed contaminant or will result in further impairment of the listed reason for impairment of that waterbody, except as described below: (a) For projects or activities that will discharge to a 303(d)-listed waterbody that has an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the discharge is within the limits established in the TMDL. Nationwide Permits / Seattle District 17 June 2000 (b) For projects and activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the project or activity will not result in further discharges of the listed contaminant or further impairment of the listed reason for impairment. Note: For example, if a waterbody is on the 303(d) list for exceeding the water quality criteria for fecal coliform, applicants must provide documentation showing that the proposed project will not result in further fecal coliform exceedances in that waterbody or individual 401 Certification will be required. When an individual 401 Certification is required for projects or activities that would result in further exceedances or impairment in 303(d)-listed waterbodies, Ecology may issue a 401 Certification 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. 5. Notification. For projects or activities that will require individual 401 Certification, applicants must provide Ecology with the documentation provided to the Corps (as described in Corps National General Condition 13), including, when applicable: (a) Delineation of special aquatic sites, including wetlands. [Note: delineation should also be provided for areas described in local Critical Areas Ordinances, such as riparian zones, locally -significant wetlands, shorelines of statewide significance, etc.] (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures (e.g., proposed stormwater management plan and designs, proposed BMPs, etc.). (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable NWP. Nationwide Permits / Seattle District / 7 June 2000 A request for 401 Certification is not complete until the applicable documents noted above have been provided to Ecology and Ecology has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to Ecology whenever it is required to be submitted to the Corps (as described in Corps National General Condition 14). 7. 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. An individual 401 Certification is required for projects or activities authorized under NWPs that do not receive written approval from Ecology of proposed mitigation plans for the following: (a) Any fill -related impacts to Category I wetlands or other high -quality wetlands including bogs, mature forested wetlands, vernal pools, camas prairie wetlands, playas, and prairie potholes. (b) Any fill -related impacts to tidal waters or to non -tidal wetlands adjacent to tidal waters. (c) Any Corps -required proposed compensatory mitigation plan (as described in Corps National General Condition 13) under NWPs 14, 39, 40, 42, and 43 for any fill -related impacts greater than % acre. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site. (b) Completion and submittal of an "as -built report" upon construction of the mitigation. (c) Completion and submittal of monitoring reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. (d) For projects proposing mitigation at an Ecology -approved mitigation bank, applicants shall provide a copy of the proposed impact and mitigation bank credit determination. Nationwide Permits / Seattle District / 7 June 2000 In addition to the above, WDOT projects and activities authorized under NWPs must comply with applicable provisions of the "Implementing Agreement between the Washington Department of Transportation and the Washington Department of Ecology Concerning Wetlands Protection and Management". 8. Temporary Fills. An individual 401 Certification is required for any project or activity authorized under NWPs that does not receive written approval from Ecology allowing temporary fill to remain in wetlands or other waterbodies for more than 90 days. The 90-day period begins when fill is first placed in the wetland or other waterbody. 9. Designated Critical Resource Waters. An individual 401 Certification is required for any project or activity authorized under NWPs in waterbodies on the most current list of the following Designated Critical Resource Waters (as described in Corps National General Condition 25 on page 101): (a) NOAA-designated marine sanctuaries. (b) National Wild and Scenic Rivers. (c) State natural heritage sites. In addition, an individual 401 Certification is required for any project or activity authorized under NWPs in any aquatic reserve established by WDNR or in any 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. 10. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project or activity authorized under NWPs that includes permanent, above -grade fill within the 100-year floodplain. 11. Standard 401 Certification Requirements. All permittees whose projects or activities receive 401 Certification are subject to the applicable requirements below: (a) Spill prevention and response: When operating equipment in or near wetlands or other waters of the State, extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the wetlands or other waterbodies. If a spill occurs, the operator shall immediately cease work, take steps to contain the material, and notify Ecology's appropriate regional office. Nationwide Permits / Seattle District 17 June 2000 (b) Equipment fueling: Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored to prevent spills into state waters. Fueling is to be done only in areas designed to contain spills and not within 50 feet of wetlands. (c) No wash water discharges: Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall be contained for proper disposal, and shall not be discharged into state waters or storm drains, unless authorized through a separate NPDES permit or state waste discharge permit. (d) Disposal of material: Construction debris and excess excavated or dredged material shall be disposed of at an upland location in a manner to prevent degradation of State waters. (e) Clean fill: Fill material used in projects or activities authorized under NWPs shall not result in exceedances of state water quality standards (WAC 173- 201A), including exceedances of the surface water quality numeric criteria, beyond the approved area of fill. Note: For example, fill material should not contain contaminants or toxic substances that would leach through the material and into wetlands or other surface waters of the state at rates or concentrations that exceed the surface water quality numeric criteria. (f) Identifying construction boundaries: Prior to clearing and grading in wetlands, the adjacent wetlands and waterbodies shall be protected from construction impacts. Construction fencing or flagging (using brightly colored tape at no less than twenty-five foot (25') intervals) of the existing wetlands and other waterbodies to be protected shall be completed prior to clearing. All project staff shall be trained to recognize construction fencing or flagging that identifies wetland boundaries. Equipment shall not be moved into or operated in wetlands or other waterbodies that are not authorized to be impacted. (g) Access: 401 Certification is based on NWP permittees providing access to project and mitigation sites upon request of Ecology personnel for site inspections, monitoring, or data collection to determine compliance with 401 certification conditions. (h) Liability. Any 401 Certification issued for projects or activities authorized under NWPs does not absolve the applicant from liability for contamination occurring as a result of construction or operations and for subsequent cleanup of surface waters or sediments. Nationwide Permits / Seattle District / 7 June 2000 EPA 1. Soil Erosion and Sediment Controls. 401 Certification determination is based on the project or activity meeting established turbidity levels. EPA will be using as guidance, the State water quality standards [WAC 173-201A-110(3)]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require individual 401 Certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented (e.g., properly placed and maintained filter fences, hay bales and/or other erosion control devices, adequate detention of runoff to prevent turbid water from flowing off -site, providing a vegetated buffer between the activity and open water, etc.), and only up to the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; or (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction. 2. Compliance with Stormwater Provisions. 401 Certification of projects and activities authorized under NWP permits will use the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual, or the Washington State Department of Transportation Highway Runoff Manual on highway projects as guidance to meet water quality standards. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). For projects and activities requiring coverage under an NPDES permit, certification is based on compliance with the requirements of that permit. Projects and activities that are not in compliance with NPDES requirements will require individual 401 Certification. 4. Projects or Activities Discharging to Impaired Waters. Projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) require individual 401 Certification if the discharge may result in further exceedances of the 303(d)-listed contaminant or will result in further impairment. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://www.wa.gov/ecology or by contacting Ecology's Federal Permits staff. Nationwide Permits / Seattle District / 7 June 2000 For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedances of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does have an approved TMDL, the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL. EPA may issue 401 Certification determination for projects or activities that would result in further exceedances 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 review. 5. Notification. For projects that will require individual 401 certification determination, applicants must provide EPA with the same documentation provided to the Corps (per Corps National General Condition 13), including when applicable: (a) Delineation of special aquatic sites, including wetlands. (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures. (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable Nationwide Permit. A request for 401 Certification is not complete until the applicable documents noted above have been provided to the certifying agency. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to EPA whenever it is required to be submitted to the Corps (per Corps National General Condition 14). Nationwide Permits / Seattle District / 7 June 2000 7. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 8. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wetland and other water quality -related impacts of projects and activities authorized under the NWP Program. Compensatory mitigation is required under Corps General Condition 13 for projects and activities authorized under NWPs 14, 39, 40, 42, and 43. 401 Certification is subject to the applicant receiving written approval from EPA of the mitigation plan for projects and activities resulting in any of the following: (a) Any impacts to Category I wetlands; (b) Any impacts to tidal waters or non -tidal waters adjacent to tidal waters (applies to NWP 14); or, (c) Any impacts to wetlands greater than % acre. Compensatory mitigation plans submitted for EPA review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site; (b) Completion and submittal of an "as -built report" upon construction of the mitigation; (c) Completion and submittal of reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. Projects and activities that do not receive written approval of their mitigation plan, or do not meet the conditions stated above, will require an individual 401 Certification. Note: Characterization of wetlands shall be based on field identification and using the "Washington State Wetlands Rating System, Western Washington, Second Edition", dated August 1993 (Publication 93-74) and "Washington State Wetlands Rating System, Eastern Washington", dated October 1991 (Publication 91-58) as guidance. Copies are available through Ecology's Publications Office at (360) 407-6000.) Nationwide Permits / Seattle District / 7 June 2000 9. Management of Water Flows. 401 Certification of projects and activities authorized under NWP permits is based on guidance and/or compliance with the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual. Projects and activities not meeting the applicable provisions will require individual 401 Certification. 10. 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. 11. Designated Critical Resource Waters. An individual 401 Certification is required for any proposed project or activity in waterbodies on the most current list of the Designated Critical Resource Waters per Corps National General Condition 25. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, and outstanding national resource waters or other waters officially designated by a Tribe 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. 12. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project that would increase permanent, above -grade fill within the 100-year floodplain (including the floodway and the flood fringe). The 100-year floodplain is defined as those areas identified as Zones A, Al-30, AE, AH, AO, A99, V, V1-30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval, or as the flood with an exceedance probability of 0.01. CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 2001-00827 Name of Permittee: City of Renton Date of Issuance: NOV 16 2001 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Boxy 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers' representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above referenced permit has been completed in accordance with the terms and conditions of your permit. The ,mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee 11 February 1997 CLM7; B:CERTCOMP.97 6 CITY OF RENTON MAL Planning/Building/PublicWorks Department 9 I e Tanner, Mayor Gregg Zimmerman P.E., Administrator January 23, 2002 Alice Kelly Washington State Department of Ecology 3190 — 1601h Avenue SE Bellevue WA 98008-5452 SUBJECT: CITY OF RENTON JARPA APPLICATION RE: THUNDERHILL ACCESS ROAD REPAIRS This letter is to request a confirmation of the status of this project as related to Ecology's review and jurisdiction. The City of Renton has received the Hydraulic Project Approval (HPA) and Army Corps of Engineers Decision for the Thunderhill Access Road Restoration Project. The Corps' decision is valid as long as we are under construction or under contract for construction by February 11, 2002. Since the HPA does not allow work to begin prior to July 1, 2002, and the City is not interested in bringing a contractor under agreement five months before they could start work, we contacted the Corps to find out about the short time frame and what our options are. We are authorized to do the work under Nationwide Permits (NWP) 13 (Bank Stabilization) and 33 (Temporary Construction, Access and Dewatering). Both of these NWPs expire February 11, 2002. The Corps is not sure when they will have the renewed NWPs, but they are estimating it will be by the end of March. They have suggested that we contact them after March and they will look at reissuing the determination under the new NWPs. They seem to indicate that it will be a relatively quick turnaround as long as nothing has changed on the project. During a recent telephone conversation, you indicated that there was an upcoming change in how (or even if) Ecology reviews applications for this type of work. Is there additional information we need to send to you or a separate process that we need to follow? If you have any questions, you may contact me at (425) 430 7206. Sincerely, Michael A. Benoit Wastewater Utility Engineer \\CENTRAL \SYS2\DEPTSLPBPW i\DIVISION.S\UTILITIE.S\WASTE.WTR\Thonderhill\E.COLOGYO1.docUv AR:R;�—_— T TON O T 1055 South Grady Way - Renton, Washington 98055 �1 1� 1 l� 0 This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE T of bi fa` C� �tA7E5 OF P!A • • DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 i Regulatory Branch City of Renton, Wastewater Utility ATTN: Michael Benoit 5`h Floor 1055 South Grady Way Renton, Washington 98055 Dear Mr. Benoit: RECEIVED OF Rt4TO �uT tt�v Reference: 2002-4-00533 Renton, City of I have received your application for a Department of the Army permit to perform bank stabilization in North Fork Rolling Hills Creek in Renton, Washington. The project will provide continued access for the maintenance and operation of an existing sewer line. We have assigned the above referenced file number to this project. Please cite this number in any correspondence with us concerning this project. I have received the information needed to satisfy the pre -construction notification requirements for Nationwide Permit (NWP) 13, "Bank Stabilization." In our previous discussion about this permit application, I failed to inform you of the pre -construction notification requirement for NWT 33, "Temporary Construction, Access and Dewatering" (Federal Register, January 15, 2002, Vol. 67, No. 10). I cannot continue processing this permit request until we receive the information necessary to complete the notification package for NWP 33. Please submit a description of how the dewatering at each site will occur. This should include the materials and equipment to be used, dimensions of temporary cofferdams, length of area to be dewatered, and the duration of dewatering. For Nationwide Permit 33, the following information is also required to complete the notification package: A restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. Restoration should be commensurate to the expected impacts. In this case it is a very small stream and the restoration plan may be as simple as re -vegetating stream banks that will be impacted by the project. Please submit the required information within 30 days of the date of this letter. After you submit the required information, I may contact you to discuss more specific aspects of your proposal. If you do not submit the required information, your application will be cancelled. However, this would not preclude you from submitting another application in the future. -2- I have been assigned as the Corps' regulatory project manager for this application. Since a Department of the Army permit is necessary for this work, do not commence construction before the permit has been issued. If you have any questions, please call me atI(206) 764-6905. FA-,. Sincerely, Joseph W. Brock Project Manager Enforcement Section 410 CITY OF RENTON ..LL Planning/Building/PublicWorks Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator May 21, 2002 US Army Corps of Engineers Seattle District Regulatory Branch P O Box 3755 Seattle WA 98124-3755 Attention: Joe Brock, Application Review Section SUBJECT: RESUBMITTAL FOR 2001-4-00827 RENTON, CITY OF RE: THUNDERHILL ACCESS ROAD RESTORATION Dear Mr. Brock, Per our discussion, we are resubmitting JARPA for the above -mentioned project. The only change to the JARPA form from our original is that the Corps of Engineers is the only agency we are resubmitting to. The additional information we had previously provided in letter form is in the `additional information' attachment. Also included in the attachment are assessments of the five points identified in Item 1 of the Regional Conditions for NWP 13. The figures attached are copies of those that you have previously approved. If you need clean copies let us know and we will get them to you. If you have any questions or need further information, please contact me at (425) 430-7206 or at mbenoit@renton.ci.wa.us. Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosures 1 1055 South Grady Way - Renton, Washington 98055 MENTON ® This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE AGENCY USE ONLY Agency Reference #: Date Received: Circulated by: (local govt. or agency) JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK i ❑ / am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this completed JARPA application form, and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS — You must submit any comments on these projects to WDFW within 15 working day Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) ❑ Local Government for shoreline: ❑ Substantial Development ❑ Conditional Use ❑ Variance ❑ Exemption ❑ Revision ❑ Floodplain Management ❑ Critical Areas Ordinance ❑ Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region) ❑ Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits (to Regional office -Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ® Corps of Engineers for: ® Section 404 (Resubmitted for reissued NWP #13) ❑ Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit ❑ US Fish & Wildlife Service or National Marine Fisheries Service for Endangered Species Act (ESA) Consultation SECTION A - Use for all permits covered by this application. Be sure to ALSO complete Section C (Signature Block) for all permit applications. I. APPLICANT :ity of Renton MAILING ADDRESS 1055 South Grady Way WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425) 430-7206 mbenolt@ci.renton.wa.us (425) 430-7241 If an agent is acting for the applicant during the permit process, complete #2. 1. AUTHORIZED AGENT Alchael Benoit, City of Renton Wastewater Utility MAILING ADDRESS ith Floor, 1055 South Grady Way, Renton, WA 98055 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425) 430.7206 mbenoit@cl.renton.wa.us (425) 430 7241 3. RELATIONSHIP OF APPLICANT TO PROPERTY: ❑ OWNER ❑ PURCHASER ❑ LESSEE ® OTHER: City of Renton has Utility Easements across the properties 4. NAME, ADDRESS, AND PHONE NUMBER OF PROPERTY OWNER(S), IF OTHER THAN APPLICANT: Puget Sound Energy, PO Box 90868, Bellevue WA, 98009 (parcels 2023059010, 2023059012, and 2023059013) N/A Woodcliffe 50, 920 Garden St Ste A, Santa Barbara CA, 93101, (425) 271-0801 (parcels 2023059084, 2023059112, 2023059114, and 2023059116) Country Hills LLC, 321 High School Rd NE #281, Bainbridge Island WA, 98110, (425) 235-6500 (parcel 2023059113) 5. LOCATION (STREET ADDRESS, INCLUDING CITY, COUNTY AND ZIP CODE, WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) The project will be located along the Thunder Hill Sanitary Sewer Access Road frm just north of the intersection of S 18' Street and Grant Avenue South to a point that Is approximately 2250 feet north west along the access road. The project is within easements across private properties that have been granted to the City of Renton. LOCAL GOVERNMENT WITH JURISDICTION (CITY OR COUNTY) City of Renton WATERBODY TRIBUTARY OF WRIA # An un-named (officially, as far as we know) stream which is locally known as Thunder Hill This creek flows into Rolling Hills Creek, then Springbrook Creek or North Fork Rolling Hills Creek) Creek, Black River, and Green River 9 1/. SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION West 1/2 129 123 5 I I Not Designated LATITUDE & LONGITUDE ZONING DESIGNATION IF KNOWN: Residential Single Family 8 units per acre (R-8) Residential Multi Family Infill (RM-I) TAX PARCEL NO: DNR STREAM TYPE, IF KNOWN 2023059010, 2023059012, 2023059013, 2023059084, 2023059112, Unknown 2023059113,2023059114,2023059116 JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 1 of 4 6. DESCRIBE THE CURRENT USE OF THE PROPERTY, AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY, INDICATE MONTH AND YEAR OF COMPLETION. The area encompassing the proposed construction is in a natural state except for the existing sanitary sewer trunk main paralleling the creek within a gravel access road, sanitary sewer mains coming down slopes from the adjacent developments, crossing the creek, and connecting to the trunk, and a water main crossing the creek over a culvert. There are existing multi -family residential buildings on the upland portions of the parcels. IS THE PROPERTY AGRICULTURAL LAND? ❑ YES ® NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑ YES ® NO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD THAT NEEDS AQUATIC PERMITS: COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE, INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT, DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATER MARK. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The project consists of repairs to a gravel utility access road that parallels a section of Thunder Hill Creek. The road has been damaged by erosion as a result of storm runoffs. The proposed project involves repairing the damaged portions by bank stabilization and in one case, placing gravel fill to force the stream back to its original location to restore the original width of the road to provide passage for maintenance vehicles. We are also proposing to resurface the existing road with crushed ballast rock. A short segment of road will be raised above the normal high water mark. Three culverts in the stream are to be removed. The existing utility pipes will be supported by new wood bridges where they cross over the stream. While the primary purpose of the bridges is to provide support for the pipes, they will also provide a more stable pedestrian access where people have been historically crossing on the pipelines. Bank stabilization (rock and vegetation) and new boulder weirs will be installed adjacent to the washout areas and where the utility bridges are installed. An existing water main that is currently located above one of the culverts will be relocated to under the culvert in a casing. When the culvert is removed the casing with the water main will be buried under the stream bed resulting in an open channel at this location. 7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE. PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN. The City of Renton Wastewater Utility owns and operates a sanitary sewer main that is installed in an gravel access road that parallels the creek that is known to local residents as Thunderhill Creek or the North Fork Rolling Hills Creek. The existing road and sewer are within fifteen feet (15') of the stream. The road is essential for access to the sewer main for inspection, maintenance, and repair (if necessary). If the road is not properly maintained, portions of the sewer may become inaccessible. If the sewer is not maintained, it may back up or fail which could cause damage to the environment in general and the stream in specific. The road is in need of resurfacing. The road has developed a grass surface. The road is in a shaded area so the grass stays damp which creates a slick driving surface. Because of this and the fact that the road is steep, access to the sewer is treacherous. The City is proposing to resurface the road with shoulder ballast (rock) to allow safe access by our maintenance vehicles. In addition, there is one location along the road that has been eroded by storm flows in the stream. This washout of the road restricts passage of maintenance vehicles. The City is proposing to rebuild that portion of the road to allow the stream to return to its original location. For stream enhancement purposes, the City is also proposing to remove a total of four culverts from the stream in three locations. These culverts were installed to allow three sewer mains, from the adjacent apartments, to bridge over the stream to connect into the main in the access road. The sewer pipes have been used by local residents as footbridges to cross the stream. The City is proposing to install glue -laminated wood bridges at those locations, under which the sewer pipe will be supported. The removal of the culverts will open up the streambed, which the City will restore with boulder weirs and vegetation. 7c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE, WATER QUALITY, WATER SUPPLY, RECREATION, and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID, MINIMIZE, AND MITIGATE DETRIMENTAL IMPACTS, AND PROVIDE PROPER PROTECTION OF FISH AND AQUATIC LIFE. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. This water body is a small creek that is impacted down stream by a history of urban commercial development including several barriers to fish passage. The stream is not of high character as pertaining to fish and aquatic life or' water' type recreation. It has been our goal during design to maintain or improve on the current characteristics of the stream while completing the needed repairs to the access road. The most significantly damaged section of the road was caused by runoff from a small drain pipe that ends halfway down the slope. The runoff saturated the hillside. Saturation from this line caused the slope to slide forcing the stream to alter its course and wash out a portion of the road. We are planning to extend the drain line to a quarry spall outfall to mitigate the slide hazard. At the suggestion of the Washington Department of Fish and Wildlife (letter dated January 27, 2000, enclosed) we will repair the washed out road with a rock bulkhead to force the stream back to its original channel. While not necessary for the restoration of the road, we are proposing to remove the existing culverts in this portion of the stream and replace them with rock weirs and the bank will be protected using fabric and planting with native vegetation. The stream will be diverted by temporary culvert during construction so that work can be done in the dry. It is our opinion that, at the conclusion of our project, the stream along this area will be in a more natural state and more aesthetically pleasing to those who walk this road as a nature trail. PREPARATION OF DRAWINGS: SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BEATTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE, BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS, LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 8. WILL THE PROJECT BE CONSTRUCTED IN STAGES? ❑ YES ® NO PROPOSED STARTING DATE: July 1, 2002 ESTIMATED DURATION OF ACTIVITY: 2 months 9. CHECK IF ANY STRUCTURES WILL BE PLACED: ® WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS: AND/OR (The bridges that will be built to support the utilities crossing the stream will be between the ordinary high water mark of the stream. The bridges will be constructed over the existing ductile iron pipes and keyed into the ground outside of the ordinary high water mark.) ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10. WILL FILL MATERIAL (ROCK, FILL, BULKHEAD, OR OTHER MATERIAL) BE PLACED: ® WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES, VOLUME (CUBIC YARDS) 50 /AREA 250 SQ FT (P.GR€S) ❑ WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) DARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 2 of 4 11. WILL MATERIAL BE PLACED IN WETLANDS? ❑ YES ® NO IF YES: A. IMPACTED AREA IN ACRES: B. HAS A DELINEATION BEEN COMPLETED? IF YES, PLEASE SUBMIT WITH APPLICATION. ❑ YES ❑ NO C. HAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMIT WITH APPLICATION. ❑ YES ❑ NO D. TYPE AND COMPOSITION OF FILL MATERIAL (E.G., SAND, ETC.): E. MATERIAL SOURCE: F. LIST ALL SOIL SERIES (TYPE OF SOIL) LOCATED AT THE PROJECT SITE, & INDICATE IF THEY ARE ON THE COUNTY S LIST OF HYDRIC SOILS. SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS): 12. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ® NO IF YES, IMPACTED AREA IS ACRES. 13. WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? Removal of the existing culverts will necessitate minimal excavation as part of the ® YES ONO stream restoration. IF YES: A. VOLUME: <50 cu yds (CUBIC YARDS) /AREA (ACRES) B. COMPOSITION OF MATERIAL TO BE REMOVED: Gravel and sands C. DISPOSAL SITE FOR EXCAVATED MATERIAL: State approved disposal site D. METHOD OF DREDGING: Backhoe 14. HAS THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BEEN COMPLETED? ® YES ❑ NO SEPA LEAD AGENCY: City of Renton SEPA DECISION: DNS, MDNS, FIR ADOPTIONFXFMRTI09 DECISION DATE (END OF PERIOD): April 16, 2001 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. LIST OTHER APPLICATIONS, APPROVALS, OR CERTIFICATIONS FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR ANY STRUCTURES, CONSTRUCTION, DISCHARGES, OR OTHER ACTIVITIES DESCRIBED IN THE APPLICATION (I.E., PRELIMINARY PLAT APPROVAL, HEALTH DISTRICT APPROVAL, BUILDING PERMIT, SEPA REVIEW, FEDERAL ENERGY REGULATORY COMMISSION LICENSE (FERC), FOREST PRACTICES APPLICATION, ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO. Variance to Renton Municipal Code 4.4-130D which prohibits City of Renton Hearing Examiner LUA-01-013, V-H, February5,2001 May 3, 2001 working within 25-feet of the ordinary high water mark of a ECF stream EPA Review City of Renton UA-01-013, V-H, February 5, 2001 April 17, 2001 ECF 16. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑ YES ® NO IF YES, EXPLAIN: SECTION B - Use for Shoreline and Corps of Engineers permits only: 17. TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT, INCLUDING MATERIALS, LABOR, MACHINE RENTALS, ETC. $200,000 18. LOCAL GOVERNMENT WITH JURISDICTION: City of Renton (No shoreline permit necessary as this is not Identified as a state shoreline) 19. FOR CORPS, COAST GUARD, AND DNR PERMITS, PROVIDE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS, LESSEES, ETC.. PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE— CONSULT YOUR LOCAL GOVERNMENT. NAME ADDRESS PHONE NUMBER Puget Sound Energy PO Box 90868, Bellevue WA, 98009 (parcels 2023059010, 2023059012, and 2023059013) /A Woodcliffe 50 920 Garden St Ste A, Santa Barbara CA, 93101 , (parcels 2023059064, 2023059112, 2023059114, and 425) 271-0801 023059116) Country Hills LLC 321 High School Rd NE #281, Bainbridge Island WA, 98110 (parcel 2023059113) 425) 235.6500 JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 3 of 4 SECTION C -This section MUST be completed for anv permit covered by this application 0. APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN THIS APPLICATION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE, COMPLETE, AND CCURATE. I FURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLICATION IS MADE, THE RIGHT TO ENTER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK. I AGREE TO START WORK ONLY AFTER ALL NECESSARY PERMITS HAVE BEEN RECEIVED. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT DATE I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER (EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. COMPLETEDBY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion,' erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:)1 B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions. JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 4 of 4 City of Renton Thunder Hills Sanitary Sewer Pipeline (a.k.a. North Fork Rolling Hills Sewer Pipeline) Access Road Repairs Additional information: • There are several challenges to fish movement downstream from the subject project. The Black River Pump Station provides a minor impediment. There is a fish ladder to allow migrating salmon upstream. There is a passage to move fry back downstream but there is not a way for larger fish to get back down. Upstream from the small remaining portion of the Black River is Springbrook Creek, part of which utilizes the P1 Channel. The first major impediment begins where Rolling Hills Creek discharges to Springbrook Creek. Just above the discharge, Rolling Hills Creek flows through approximately 3100 feet of 60-inch pipe connected downstream from a 36 x 60 arch pipe under State Route (SR) 167. Upstream from the SR-167 crossing there is also approximately 1400 feet of 48-inch pipe crossing under the intersection of SR-167 and I-405. Further upstream, after a short portion of open ditch there is approximately 3200 feet of pipes ranging from 42-inch to 72-inch. Finally, after a short run of concrete lined ditch there is about 600 feet of 48-inch culvert under Benson Road and I-405 into which our unnamed creek flows. Enclosed is a map showing the downstream system from the project location to Springbrook Creek. Installing and maintaining stream diversion around the work areas will be accomplished by using sand bag dikes and temporary culverts. If necessary the diversion will pump the flows around the work area. However, this is not our preferred method. Diversion piping will be sized to handle normal anticipated flows. The location of the diversions will be determined in the field, based upon site conditions at that time. We will want to minimize the length of the diversion while ensuring that the collection area and outfall for the temporary piping is clear of the work area and its potential impacts. Anticipated time for each diversion is five to ten working days. The water main relocation from above the stream to below will be accomplished using the existing culvert for stream diversion. The relocation will be by open cut excavation under the existing culvert while the stream continues to flow through it. After the water line is relocated, we will trench along the existing culvert to install the temporary diversion as described above. Once the temporary diversion is installed, the culvert will be removed and the boulder weirs will be installed and the bank restored. Anticipated time for the water main relocation is ten to fifteen working days and for the culvert removal is five to ten working days. US Army Corps of Engineers Page 2 • The estimate for materials used for fill is for the re-establishment of the banks. The weir construction or rockery construction was not considered as `fill'. Per your request we have developed the following itemization: Station 7+00: For bank stabilization we estimate 158 sgft (24 cuyds) of gravel borrow, 60 sgft (13 cuyds) of quarry spalls, and 120 sgft (27 cuyds) of rockery (2-man) rocks. For the two boulder weirs we estimate a total of 4 cuyds of bed control rocks, 10 cuyds of weir boulders, and 8 cuyds of 3' round rock placed within a 400 sgft area. Total of all the materials at this location is 86 cuyds over 738 sgft. Station 8+50: The upstream weir (no bed control rocks) is estimated to have 3 cuyds of weir boulders and 1 cuyds of 3' round rock placed within a 60 sgft area. The downstream weir is estimated to have 3 cuyds of weir boulders, 3 cuyds of bed control rocks and 1 cuyds of 3' round rock placed within a 120 sgft area. Total of all the materials at this location is 11 cuyds over 180 sgft. Station 10+50: For bank stabilization we estimate 60 sgft (13 cuyds) of quarry spalls, and 120 sgft (27 cuyds) of rockery (2-man) rocks. Total of all the materials at this location is 40 cuyds over 180 sgft. Station 11+75: For bank stabilization we estimate 30 sgft (4 cuyds) of quarry spalls, and 60 sgft (9 cuyds) of rockery (2-man) rocks. Total of all the materials at this location is 13 cuyds over 90 sgft. Station 16+00: For bank stabilization we estimate 80 sgft (18 cuyds) of quarry spalls, and 160 sgft (36 cuyds) of rockery (2-man) rocks. For the three boulder weirs we estimate a total of 2 cuyds of bed control rocks, 15 cuyds of weir boulders, and 12 cuyds of 3' round rock placed within a 572 sgft area. Total of all the materials at this location is 83 cuyds over 812 sgft. H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Thunderhill\army corp 03.doc\MABAf US Army Corps of Engineers Page 3 Notification to District Engineer in accordance with National General Condition 13, assessing conditions of bank stabilization project. The following conditions are assessed: a. The cause(s) and mechanism(s) of any existing or imminent bank failure in the project area. One existing and one potential bank failure are being stabilized in this project. The existing failure is a slump of an earth bank, which carried part of an unpaved utility access roadway into the stream. The potential stream bank failure is being stabilized to prevent a similar slump where erosion has begun to undercut the roadway embankment. b. Sediment movement and deposition patterns in and near the project area, with and without the proposed project. No changes in sediment movement and deposition patterns are expected as a result of the project, whose effects are intended to stabilize the existing stream profile and cross section. c. Existing and with -project habitat conditions including use of the project area by animal and plant species. Limited clearing and grubbing, will remove some vegetation within the project area, resulting in a temporary loss of habitat for small birds and animals. One of the culverts being removed is buried and vegetated. This vegetation will be permanently removed when the culvert is removed and the stream restored to an open channel. Permanent change will also result from a total of 250 linear feet of stream bank being stabilized with approximately 1410 square feet of streamside rockery wall. Project restoration includes planting with native species. Change of habitat will be negligible. d. Why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. The project is necessary to preserve access to existing City utilities (sewer interceptor and collection lines) by repairing and stabilizing the existing access road paralleling the stream. Discharge of sediments into the stream will be minimized by temporarily diverting the waters around those portions of the bed and banks subject to earthwork. The project includes culvert removal in three places to benefit the natural functions of the stream. Minimization of disturbance has been designed to the fullest extent practicable. e. How 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, beach nourishment in certain circumstances, and fish friendly riprap designs. Stream banks in the project area are to be protected and left undisturbed except within areas designated for improvements. Disturbed areas will be hydroseeded and protected with fine jute matting, then planted with live stakes of local red osier, dogwood, salmon berry, and willow. Large woody debris and root wads from clearing uphill of the road will be placed at the edge of the streambed. H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Thunderbill\army corp 03.doc\MAB:If KttJ 1 AtfLIJr1 1 U DRIVING SURFACE EDGE OF WASHOUT ----1 STA 7+25 N:.�: NEW ROADWAY FILL MATERIAL, GRAVEL BARROW CONFORM W/ APWA/WSDOT SEC. 9-03.14(1) --- I STA 17+nn '-- EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD. DETAIL STA 6 5 NEW BOULDER ­ WEI RS:; SEE DETAIL' - �� •��-�•; APPROXIMATE LOCATION OF ORIGINAL ORDINARY HIGH WATER MARK EXIST. STREAM BANK DO NOT DISTURB * ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK 0 10 20 1" = 10' Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion :i ORDINARY HIGH WATER MARK NOTES: EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE: 1 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 N.; in: ivor►n rug K mums iy nnw --- At: Renton County: King State: WA Page Z of (� t ROADWAY RESURFACE PER STANDARD DETAIL EXIST. ROCKERY, REMOVE ROCK Q0 AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS I OR STREAM BOTTOM NEW CB AND DRAIN 1 PIPE. SEE PLAN 1 S A 8+ 0 I T 8+2 S A +50 --�- _ _ _ - 0" _ 0" S f ORDINARY HIG �-- - - WATER MARK NEW EDGE OF ACCESS ROAD -no TO0K REMOVE & DISPOSE TWIN NEW BOULDER WEIRS (SPACED OF 36" 0 RCP 15' APART) AND "KEY" INTO CULVERTS gyp. 15H BANK. DOWNSTREAM WEIR + TO HAVE BURIED BED C'_ CONTROL ROCKS. INSTALL FINE MESH JUTE MATTING, FROM TOP OF BANK TO STREAM HIGH WATER FLOWLINE, 3 LOCATIONS NEW 48" WIDE GLULAM PLANT WILLOW, SALMONBERRY, AND BRIDGE WITH PIPE SUPPORTS, RED -OSIER DOGWOOD FROM ON -SITE MATCH WITH EXIST GROUND, TYP STOCKS, SEE STANDARD DETAIL SEE STANDARD DETAIL NOTES: IF THERE ARE NOT SUFFICIENT ON -SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK 0 10 20 1 " = 1 0' Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE September 14, 2001 In: North Fork Rolling Hills Creek At: Renton County: King State: WA / ROADWAY RESURFACE S i +7 p+2 57 INSTALL NEW HIGH ROCKERY 0 TOE OF BANK•\\\\\\\\ REMOVL\ AND, D{SPOS OF EX15T.\4'R"\STEEL \ CULVERT iZI , NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORT MATCH WITH _"Z EXISTING GROUND, TYP \\\\\\\\\\\ 15' MIN. NOTES: INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. INSTALL ROCKERY PER STANDARD DETAIL FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ORDINARY HIGH WATER MARK A \ \ INSTALL NEW 3' HIGH ROCKERY 0 TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS FIGURE 3 THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 10 20 September 14, 2001 1 = 10 Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Creek At: Renton County: King State: WA Pane 1 of 6 0 EDGE OF EXIST ACCESS ROAD CLEANOUT IN MH LID - STA, 11 +VO \\\\\\\\\\� ORDINARY HIGH WATER MARK REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/0 EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION -7+00 it r T: ROAD WASHOUT REPAIR STREAM BANK STABILIZATION 0 1 O 20 September 14, 2001 I Ong 1 = 1 O ' Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Greets At: Renton county: King State: WA Page� of �i / CO DGE EXIST. / ACCESS ROAD — --- — — —. -- STA 15+60 INSTALL \ NEW BOULDER .WEIR / \ TYPICAL \ \\\\ \\\\\\\\ INSTALLL NEW 15 FT. � \ \ \ \ \ \ \ RD'IfJARX P4IGM � LONG/ x 4 FT. WIDE / / / \ \ \ �� \ \WAT`ER\MARK \ \ WAL�WAY BRIDGE, / / MAJCH W/ GROUND/ / EMOVE AND DISPO \ �� \ \ BOTH SIDES. EXISTING 48" 0. CMP / CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH r / AND LOCATION PRIOR TO NEW CO / CONSTRUCTION NOTES: INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED / AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. / FIGURE 4 ORDINARY HIGH WATER MARK (OHWM) THUNDERffiLL ACCESS ROAD APPROXIMATE DEPTH OF OHWM REPAIR STATION 16+00 IS 1.0 FEET AT CENTERLINE CREEK CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE 0 10 20 September 14, 2001 .. 1 " = 10' Reference: 2001-4-00827 In: North Fork Rolling Hills Creek Appl. By: City of Renton At: Renton County: King Proposed: bank stabilization State: WA Purpose: prevent access road erosion Page 6 of ., Jesse Tanner, Mayor June 13, 2002 US Army Corps of Engineers Seattle District Regulatory Branch P O Box 3755 Seattle WA 98124-3755 CITY OF RENTON PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator Attention: Joe Brock, Application Review Section SUBJECT: 2002-4-00533 RENTON, CITY OF RE: THUNDERHILL ACCESS ROAD RESTORATION Dear Mr. Brock, Per your request for additional information: 0 De -watering and/or stream diversion around the work areas will be accomplished by using sandbag dikes and temporary culverts. If necessary, the diversion will pump the flows around the work area. However, this is not our preferred method. Diversion piping will be sized to handle normal anticipated flows. The location of the diversions will be determined in the field, based upon site conditions at that time. We will want to minimize the length of the diversion while ensuring that the collection area and outfall for the temporary piping is clear of the work area and its potential impacts. Anticipated time for each diversion is five to ten working days. It is not anticipated that the temporary stream diversion work will create any significant impacts to aquatic resources. Removal of the diversion materials should bring the stream back to its current condition. If installation, use, or removal of the stream diversion equipment causes any damage or impact to the stream, it will be restored to the condition found prior to the start of this construction. Restoration for this project can be placed in two categories. The first would be restoration of impacts to the stream that might be caused as a result of constructing the project as proposed. An example of this would be impacts that might happen as a result of the temporary stream diversion. It is not anticipated that any significant impacts to aquatic resources will result. If there are any impacts to the stream, they will be restored to the condition found prior to the start of this construction. The second category of restoration would be the primary focus of the work in the stream. This is to remove culverts, stabilize the road, and restore the stream to a more natural state. The end result of installing fish weirs and bed control rocks in the streambed and replanting will be the restoration. 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE US Army Corps of Engineers Page 2 Any banks impacted will be restored using fine jute matting with plantings of willow, salmonberry and red -osier dogwood from on -site stock. If you have any questions, need further information, or would like to schedule a field inspection, please contact me at (425) 430-7206 or at mbenoit@renton.ci.wa.us. Sincerely, Michael A. Benoit Wastewater Utility Engineer \\CENTRAL\SYS2\DEPTS\PBPW\Division.s\UTILITIE.S\WASTE.WTR\WWP-27-2766 Thunderhill Access Road\army corp 05.doc\MAB:lf - T. Michael Benoit - Thunderhill Access Road permit age 1 From: "Brock, Joseph W NWS" <Joseph.W.Brock@nws02.usace.army. mil> To: "'mbenoit@ci.renton.wa.us"' <mbenoit@ci.renton.wa.us> Date: 4/22/02 1:29PM Subject: Thunderhill Access Road permit Michael Benoit, The November 16, 2001, permit authorization you received (Corps Ref. 2001-4-00827) for Nationwide permits 13 and 33 to place rock for bank protection in North Fork Rolling Hills Creek at Renton, Washington expired on February 11, 2002. You must resubmit your application and drawings (with any revisions) for this project and receive authorization from this office prior to beginning construction. The new application will receive a new reference number. Since your permit expired, the Nationwide Permits (NWP) and general conditions have been reissued (Federal RegisterNol. 67, No. 10/January 15, 2002). The new NWPs are posted on our web site. NWPs 13 and 33 were reissued without change. However, addition Regional conditions have been added to NWP 13 for bank stabilization. The additional regional conditions deal primarily with notification requirements. I have attached the additional new NWP 13 regional conditions below. Please address these to the best of your ability when submitting the new application. «NWP 13 RC.doc>> It was determined in the previous permit that this project will have no effect to species listed under the Endangered Species Act (ESA). The ESA review typically lengthens the time it takes to receive a permit decision. Because ESA is not an issue for your project, you should get a new permit rather quickly. If you have any questions please give me a call, 206-764-6905. Joe Brock Enforcement Section Seattle District, U.S. Army Corps of Engineers 13. Bank Stabilization. NWP Notification Requirement — Yes, in all instances. Agency Coordination — Loss of greater than 112 of an acre of waters of the U.S. ESA Compliance — Required. Regional Conditions — 1. The permittee must notify the District Engineer in accordance with National General Condition 13 for all bank stabilization projects. 1. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition. To enable the Corps in making this determination, the notification must include the following assessments: a. The cause(s) and mechanisms) of any existing or imminent bank failure in the project area; b. Sediment movement and deposition patterns in and near the project area, with and without the proposed project; c. Existing and with project habitat conditions including use of the project area by animal and plant species. d. Why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. e. How the proposed project incorporates 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, beach nourishment in certain circumstances, and fish friendly riprap designs. 2. The permittee shall minimize the disturbance of existing vegetation in the project area and, following construction, revegetate disturbed areas with native plant species. NOTE: Information useful in preparing the assessments required above are: the Washington State Department of Fish & Wildlife's Integrated Streambank Protection Guidelines, http://Vww.wa.gov/wdfw/hablahglispgdoc.htm#toctop, (especially for fresh waters); King County's Reconnaissance Assessment of the State of the Nearshore Ecosystem, http: //dnr. metrokc.gov/wlr/watersheds/puget/nearshore/sonr. htm; the White Papers, Marine and Estuarine Shoreline Modification Issues, and Ecological Issues in Floodplains and Riparian Corridors, Over -Water Structures: Freshwater Issues http://www.wa.gov/wdfw/hab/ahg/marnrsrc.him NOTE: Bank protection length, especially in the case of barbs, is measured as the total length of shoreline/bank to be protected by the structure. NOTE: This nationwide permit does not authorize discharges of fill for bank protection in special aquatic sites including wetlands, mudflats, and pool and riffle complexes waterward of the ordinary high water line. .. . : �✓l: A !... € .. l 8" .� � Z- t s .. ,� .. �'.J . . ............................. ........................ .. .. .. .. .. .. .. .. .. .. .. .. iJafi`'�`E-4 .` . ... ... ... ... ... ... ... ... ................... ..................... ............... ... ... ... ... c� _ CITY OF RENTON Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator October 9, 2001 US Army Corps of Engineers Seattle District Regulatory Branch P O Box 3755 Seattle WA 98124-3755 Attention: Joe Brock, Application Review Section SUBJECT: 2001-4-00827 RENTON, CITY OF RE: THUNDERHILL ACCESS ROAD RESTORATION Dear Mr. Brock, Per your request for additional information: • There are several challenges to fish movement downstream from the subject project. The Black River Pump Station provides a minor impediment. There is a fish ladder to allow migrating salmon upstream. There is a passage to move fry back downstream but there is not a way for larger fish to get back down. Upstream from the small remaining portion of the Black River is Springbrook Creek, part of which utilizes the P 1 Channel. The first major impediment begins where Rolling Hills Creek discharges to Springbrook Creek. Just above the discharge, Rolling Hills Creek flows through approximately 3100 feet of 60-inch pipe connected downstream from a 36 x 60 arch pipe under State Route (SR) 167. Upstream from the SR-167 crossing there is also approximately 1400 feet of 48-inch pipe crossing under the intersection of SR-167 and I-405. Further upstream, after a short portion of open ditch there is approximately 3200 feet of pipes ranging from 42-inch to 72-inch. Finally, after a short run of concrete lined ditch there is about 600 feet of 48-inch culvert under Benson Road and I-405 into which our unnamed creek flows. Enclosed is a map showing the downstream system from the project location to Springbrook Creek. 9 Installing and maintaining stream diversion around the work areas will be accomplished by using sand bag dikes and temporary culverts. If necessary the diversion will pump the flows around the work area. However, this is not our preferred method. Diversion piping will be sized to handle normal anticipated flows. The location of the diversions will be determined in the field, based upon site conditions at that time. We will want to minimize the length of the diversion while ensuring that the collection area and outfall for the temporary piping is clear of the work area and its potential impacts. Anticipated time for each diversion is five to ten working days. 1055 South Grady Way - Renton, Washington 98055 C > 0 This paper contains 50 % recycled material, 20 % post consumer ���� US Army Corps of Engineers Page 2 • The water main relocation from above the stream to below will be accomplished using the existing culvert for stream diversion. The relocation will be by open cut excavation under the existing culvert while the stream continues to flow through it. After the water line is relocated, we will trench along the existing culvert to install the temporary diversion as described above. Once the temporary diversion is installed, the culvert will be removed and the boulder weirs will be installed and the bank restored. Anticipated time for the water main relocation is ten to fifteen working days and for the culvert removal is five to ten working days. • The initial estimate was for materials used for fill to re-establish the banks. We had not considered the weir construction or rockery construction as `fill'. Per your request we have developed the following itemization: Station 7+00: For bank stabilization we estimate 158 sqft (24 cuyds) of gravel borrow, 60 sqft (13 cuyds) of quarry spalls, and 120 sqft (27 cuyds) of rockery (2-man) rocks. For the two boulder weirs we estimate a total of 4 cuyds of bed control rocks, 10 cuyds of weir boulders, and 8 cuyds of 3' round rock placed within a 400 sqft area. Total of all the materials at this location is 86 cuyds over 738 sqft. Station 8+50: The upstream weir (no bed control rocks) is estimated to have 3 cuyds of weir boulders and 1 cuyds of 3' round rock placed within a 60 sqft area. The downstream weir is estimated to have 3 cuyds of weir boulders, 3 cuyds of bed control rocks and 1 cuyds of 3' round rock placed within a 120 sqft area. Total of all the materials at this location is 11 cuyds over 180 sqft. Station 10+50: For bank stabilization we estimate 60 sqft (13 cuyds) of quarry spalls, and 120 sqft (27 cuyds) of rockery (2-man) rocks. Total of all the materials at this location is 40 cuyds over 180 sqft. Station 11+75 For bank stabilization we estimate 30 sqft (4 cuyds) of quarry spalls, and 60 sqft (9 cuyds)of rockery (2-man) rocks. Total of all the materials at this location is 13 cuyds over 90 sqft. Station 16+00: For bank stabilization we estimate 80 sqft (18 cuyds) of quarry spalls, and 160 sqft (36 cuyds) of rockery (2-man) rocks. For the three boulder weirs we estimate a total of 2 cuyds of bed control rocks, 15 cuyds of weir boulders, and 12 cuyds of 3' round rock placed within a 572 sqft area. Total of all the materials at this location is 83 cuyds over 812 sqft. If you have any questions, need further information or would like to schedule a field inspection, please contact meat (425) 430-7206 or at mbenoit@renton.ci.wa.us. Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosures H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Thunderhill\army corp 02.doc\MA13:If LL NMP� kt ow �,*jri WlNiNl7--i.! AM. to 4 L- R. * `4 wlk�A .4- 9 AGENCY USE ONLY Agency Reference # Date Received: Circulated by: (local govt. or agency)' JOINT AQUATIC RESOURCES PERMIT APPLICATION FORM (DARPA) (for use in Washington State) PLEASE TYPE OR PRINT IN BLACK INK O ❑ 1 am applying for a Fish Habitat Enhancement Project per requirements of RCW 75.20.350. You must submit a copy of this completed JARPA application form, and the (Fish Habitat Enhancement JARPA Addition) to your local Government Planning Department and Washington Department of Fish & Wildlife Area Habitat Biologist on the same day. NOTE: LOCAL GOVERNMENTS — You must submit any comments on these projects to WDFW within 15 working day Based on the instructions provided, I am sending copies of this application to the following: (check all that apply) ® Local Government for shoreline: ❑ Substantial Development ❑ Conditional Use ® Variance ❑ Exemption ❑ Revision ❑ Floodplain Management ❑ Critical Areas Ordinance ® Washington Department of Fish and Wildlife for HPA (Submit 3 copies to WDFW Region) ® Washington Department of Ecology for 401 Water Quality Certification Nationwide Permits (to Regional office -Federal Permit Unit) ❑ Washington Department of Natural Resources for Aquatic Resources Use Authorization Notification ® Corps of Engineers for: ® Section 404 ❑ Section 10 permit ❑ Coast Guard for Section 9 Bridge Permit ❑ US Fish & Wildlife Service or National Marine Fisheries Service for Endangered Species Act (ESA) Consultation SECTION A - Use for all permits covered by this application. Be sure to ALSO complete Section C (Signature Block) for all permit applications. APPLICANT :ity of Renton MAILING ADDRESS 1055 South Grady Way WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425) 430-7206 mbenoit@ci.renton.wa.us (425) 430-7241 If an agent is acting for the applicant during the permit process, complete #2. !. AUTHORIZED AGENT Aichael Benoit, City of Renton Wastewater Utility MAILING ADDRESS ith Floor, 1055 South Grady Way, Renton, WA 98055 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425) 430-7206 mbenoit@ci.renton.wa.us (425) 430 7241 3. RELATIONSHIP OF APPLICANT TO PROPERTY: ❑ OWNER ❑ PURCHASER ❑ LESSEE ® OTHER: City of Renton has Utility Easements across the properties 4. NAME, ADDRESS, AND PHONE NUMBER OF PROPERTY OWNER(S), IF OTHER THAN APPLICANT: Puget Sound Energy, PO Box 90868, Bellevue WA, 98009 (parcels 2023059010, 2023059012, and 2023059013) NIA Woodcliffe 50, 920 Garden St Ste A, Santa Barbara CA, 93101, (425) 271-0801 (parcels 2023059084, 2023059112, 2023059114, and 2023059116) Country Hills LLC, 321 High School Rd NE #281, Bainbridge Island WA, 98110, (425) 235-6500 (parcel 2023059113) 5. LOCATION (STREET ADDRESS, INCLUDING CITY, COUNTY AND ZIP CODE, WHERE PROPOSED ACTIVITY EXISTS OR WILL OCCUR) The project will be located along the Thunder Hill Sanitary Sewer Access Road frm just north of the intersection of S 181h Street and Grant Avenue South to a point that is approximately 2250 feet north west along the access road. The project is within easements across private properties that have been granted to the City of Renton. LOCAL GOVERNMENT WITH JURISDICTION (CITY OR COUNTY) City of Renton WATERBODY TRIBUTARY OF WRIA # An un-named (officially, as far as we know) stream which is locally known as Thunder Hill This creek flows into Rolling Hills Creek, then Springbrook Creek or North Fork Rolling Hills Creek) Creek, Black River, and Green River 9 -SECTION SECTION TOWNSHIP RANGE GOVERNMENT LOT SHORELINE DESIGNATION West 1l2 29 123 5 Not Designated LATITUDE & LONGITUDE ZONING DESIGNATION IF KNOWN: Residential Single Family 8 units per acre (R-8) Residential Multi Family Infill (RM-1) TAX PARCEL N0: DNR STREAM TYPE, IF KNOWN 2023059010, 2023059012, 2023059013, 2023059084, 2023059112, Unknown 2023059113,2023059114,2023059116 JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 1 of 4 6. DESCRIBE THE CURRENT USE OF THE PROPERTY, AND STRUCTURES EXISTING ON THE PROPERTY. IF ANY PORTION OF THE PROPOSED ACTIVITY IS ALREADY COMPLETED ON THIS PROPERTY, INDICATE MONTH AND YEAR OF COMPLETION. The area encompassing the proposed construction is in a natural state except for the existing sanitary sewer trunk main paralleling the creek within a gravel access road, sanitary sewer mains coming down slopes from the adjacent developments, crossing the creek, and connecting to the trunk, and a water main crossing the creek over a culvert. There are existing multi -family residential buildings on the upland portions of the parcels. IS THE PROPERTY AGRICULTURAL LAND? ❑ YES ® NO ARE YOU A USDA PROGRAM PARTICIPANT? ❑ YES ®NO 7a. DESCRIBE THE PROPOSED CONSTRUCTION AND/OR FILL WORK FOR THE PROJECT THAT YOU WANT TO BUILD THAT NEEDS AQUATIC PERMITS: COMPLETE PLANS AND SPECIFICATIONS SHOULD BE PROVIDED FOR ALL WORK WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE, INCLUDING TYPES OF EQUIPMENT TO BE USED. IF APPLYING FOR A SHORELINE PERMIT, DESCRIBE ALL WORK WITHIN AND BEYOND 200 FEET OF THE ORDINARY HIGH WATER MARK. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. The project consists of repairs to a gravel utility access road that parallels a section of Thunder Hill Creek. The road has been damaged by erosion as a result of storm runoffs. The proposed project involves repairing the damaged portions by bank stabilization and in one case, placing gravel fill to force the stream back to its original location to restore the original width of the road to provide passage for maintenance vehicles. We are also proposing to resurface the existing road with crushed ballast rock. A short segment of road will be raised above the normal high water mark. Three culverts in the stream are to be removed. The existing utility pipes will be supported by new wood bridges where they cross over the stream. While the primary purpose of the bridges is to provide support for the pipes, they will also provide a more stable pedestrian access where people have been historically crossing on the pipelines. Bank stabilization (rock and vegetation) and new boulder weirs will be installed adjacent to the washout areas and where the utility bridges are installed. An existing water main that is currently located above one of the culverts will be relocated to under the culvert in a casing. When the culvert is removed the casing with the water main will be buried under the stream bed resulting in an open channel at this location. 7b. DESCRIBE THE PURPOSE OF THE PROPOSED WORK AND WHY YOU WANT OR NEED TO PERFORM IT AT THE SITE. PLEASE EXPLAIN ANY SPECIFIC NEEDS THAT HAVE INFLUENCED THE DESIGN. The City of Renton Wastewater Utility owns and operates a sanitary sewer main that is installed in an gravel access road that parallels the creek that is known to local residents as Thunderhill Creek or the North Fork Rolling Hills Creek. The existing road and sewer are within fifteen feet (15') of the stream. The road is essential for access to the sewer main for inspection, maintenance, and repair (if necessary). If the road is not properly maintained, portions of the sewer may become inaccessible. If the sewer is not maintained, it may back up or fail which could cause damage to the environment in general and the stream in specific. The road is in need of resurfacing. The road has developed a grass surface. The road is in a shaded area so the grass stays damp which creates a slick driving surface. Because of this and the fact that the road is steep, access to the sewer is treacherous. The City is proposing to resurface the road with shoulder ballast (rock) to allow safe access by our maintenance vehicles. In addition, there is one location along the road that has been eroded by storm flows in the stream. This washout of the road restricts passage of maintenance vehicles. The City is proposing to rebuild that portion of the road to allow the stream to return to its original location. For stream enhancement purposes, the City is also proposing to remove a total of four culverts from the stream in three locations. These culverts were installed to allow three sewer mains, from the adjacent apartments, to bridge over the stream to connect into the main in the access road. The sewer pipes have been used by local residents as footbridges to cross the stream. The City is proposing to install glue -laminated wood bridges at those locations, under which the sewer pipe will be supported. The removal of the culverts will open up the streambed, which the City will restore with boulder weirs and vegetation. 7c. DESCRIBE THE POTENTIAL IMPACTS TO CHARACTERISTIC USES OF THE WATER BODY. THESE USES MAY INCLUDE FISH AND AQUATIC LIFE, WATER QUALITY, WATER SUPPLY, RECREATION, and AESTHETICS. IDENTIFY PROPOSED ACTIONS TO AVOID, MINIMIZE, AND MITIGATE DETRIMENTAL IMPACTS, AND PROVIDE PROPER PROTECTION OF FISH AND AQUATIC LIFE. ATTACH A SEPARATE SHEET IF ADDITIONAL SPACE IS NEEDED. This water body is a small creek that is impacted down stream by a history of urban commercial development including several barriers to fish passage. The stream is not of high character as pertaining to fish and aquatic life or' water' type recreation. It has been our goal during design to maintain or improve on the current characteristics of the stream while completing the needed repairs to the access road. The most significantly damaged section of the road was caused by runoff from a small drainpipe that ends halfway down the slope. The runoff saturated the hillside. Saturation from this line caused the slope to slide forcing the stream to alter its course and washout a portion of the road. We are planning to extend the drain line to a quarry spall outfall to mitigate the slide hazard. At the suggestion of the Washington Department of Fish and Wildlife (letter dated January 27, 2000, enclosed) we will repair the washed out road with a rock bulkhead to force the stream back to its original channel. While not necessary for the restoration of the road, we are proposing to remove the existing culverts in this portion of the stream and replace them with rock weirs and the bank will be protected using fabric and planting with native vegetation. The stream will be diverted by temporary culvert during construction so that work can be done in the dry. It is our opinion that, at the conclusion of our project, the stream along this area will be in a more natural state and more aesthetically pleasing to those who walk this road as a nature trail. PREPARATION OF DRAWINGS: SEE SAMPLE DRAWINGS AND GUIDANCE FOR COMPLETING THE DRAWINGS. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BEATTACHED. NOTE: APPLICANTS ARE ENCOURAGED TO SUBMIT PHOTOGRAPHS OF THE PROJECT SITE, BUT THESE DO NOT SUBSTITUTE FOR DRAWINGS. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 8. WILL THE PROJECT BE CONSTRUCTED IN STAGES? ❑ YES ® NO PROPOSED STARTING DATE: July 1, 2002 ESTIMATED DURATION OF ACTIVITY: 2 months 9. CHECK IF ANY STRUCTURES WILL BE PLACED: ® WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH OR TIDAL WATERS, AND/OR (The bridges that will be built to support the utilities crossing the stream will be between the ordinary high water mark of the stream. The bridges will be constructed over the existing ductile iron pipes and keyed into the ground outside of the ordinary high water mark.) ❑WATERWARD OF MEAN HIGH WATER LINE IN TIDAL WATERS 10. WILL FILL MATERIAL (ROCK, FILL, BULKHEAD, OR OTHER MATERIAL) BE PLACED: ® WATERWARD OF THE ORDINARY HIGH WATER MARK OR LINE FOR FRESH WATERS? IF YES, VOLUME (CUBIC YARDS) 50 /AREA 250 SQ FT (•A6&€S) ❑ WATERWARD OF THE MEAN HIGHER HIGH WATER FOR TIDAL WATERS? IF YES, VOLUME (CUBIC YARDS) AREA (ACRES) JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 2 of 4 11. WILL MATERIAL BE PLACED IN WETLANDS? ❑ YES ® NO IF YES: A IMPACTED AREA IN ACRES: B. HAS A DELINEATION BEEN COMPLETED? IF YES, PLEASE SUBMIT WITH APPLICATION. ❑ YES ❑ NO C. HAS A WETLAND REPORT BEEN PREPARED? IF YES, PLEASE SUBMIT WITH APPLICATION. ❑ YES ❑ NO D. TYPE AND COMPOSITION OF FILL MATERIAL (E.G., SAND, ETC.): E. MATERIAL SOURCE: F. LIST ALL SOIL SERIES (TYPE OF SOIL) LOCATED AT THE PROJECT SITE, & INDICATE IF THEY ARE ON THE COUNTY'S LIST OF HYDRIC SOILS. SOILS INFORMATION CAN BE OBTAINED FROM THE NATURAL RESOURCES CONSERVATION SERVICE (NRCS): 12. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES ® NO IF YES, IMPACTED AREA IS ACRES. 13. WILL EXCAVATION OR DREDGING BE REQUIRED IN WATER OR WETLANDS? Removal of the existing culverts will necessitate minimal excavation as part of the ® YES ONO stream restoration. IF YES: A. VOLUME: <50 cut yds (CUBIC YARDS) (AREA (ACRES) B. COMPOSITION OF MATERIAL TO BE REMOVED: Gravel and sands C. DISPOSAL SITE FOR EXCAVATED MATERIAL: State approved disposal site D. METHOD OF DREDGING: Backhoe 14. HAS THE STATE ENVIRONMENTAL POLICY ACT (SEPA) BEEN COMPLETED? ® YES ❑ NO SEPA LEAD AGENCY: City of Renton SEPA DECISION: ON-&, MDNS, Gic nnnoTinn, c iiiiMoT,ne, DECISION DATE (END OF PERIOD): April 16, 2001 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION 15. LIST OTHER APPLICATIONS, APPROVALS, OR CERTIFICATIONS FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR ANY STRUCTURES, CONSTRUCTION, DISCHARGES, OR OTHER ACTIVITIES DESCRIBED IN THE APPLICATION (I.E., PRELIMINARY PLAT APPROVAL, HEALTH DISTRICT APPROVAL, BUILDING PERMIT, SEPA REVIEW, FEDERAL ENERGY REGULATORY COMMISSION LICENSE (FERC), FOREST PRACTICES APPLICATION, ETC.) ALSO INDICATE WHETHER WORK HAS BEEN COMPLETED AND INDICATE ALL EXISTING WORK ON DRAWINGS. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED? NO, Variance to Renton Municipal Code 4-4-130D which prohibits City of Renton Hearing Examiner LUA-01-013, V-H, February5, 2001 May 3, 2001 working within 25-feet of the ordinary high water mark of a ECF [ream EPA Review City of Renton LUA-01-013, V-H, February 5, 2001 April 17, 2001 ECF 16. HAS ANY AGENCY DENIED APPROVAL FOR THE ACTIVITY DESCRIBED HEREIN OR FOR ANY ACTIVITY DIRECTLY RELATED TO THE ACTIVITY DESCRIBED HEREIN? ❑ YES ® NO IF YES, EXPLAIN: SECTION B - Use for Shoreline and Corps of Engineers permits only: 17. TOTAL COST OF PROJECT. THIS MEANS THE FAIR MARKET VALUE OF THE PROJECT, INCLUDING MATERIALS, LABOR, MACHINE RENTALS, ETC. $200,000 18. LOCAL GOVERNMENT WITH JURISDICTION: City of Renton (No shoreline permit necessary as this is not identified as a state shoreline) 19. FOR CORPS, COAST GUARD, AND DNR PERMITS, PROVIDE NAMES, ADDRESSES, AND TELEPHONE NUMBERS OF ADJOINING PROPERTY OWNERS, LESSEES, ETC.. PLEASE NOTE: SHORELINE MANAGEMENT COMPLIANCE MAY REQUIRE ADDITIONAL NOTICE— CONSULT YOUR LOCAL GOVERNMENT. NAME ADDRESS PHONE NUMBER Puget Sound Energy O Box 90868, Bellevue WA, 98009 (parcels 2023059010, 2023059012, and 2023059013) N/A Woodcliffe 50 920 Garden St Ste A, Santa Barbara CA, 93101 , (parcels 2023059084, 2023059112, 2023059114, and (425) 271-0801 023059116) Country Hills LLC 321 High School Rd NE #281, Bainbridge Island WA, 98110 (parcel 2023059113) 425) 235-6500 JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 3 of 4 SECTION C - This section MUST be completed for any permit covered by this application 20. APPLICATION IS HEREBY MADE FOR A PERMIT OR PERMITS TO AUTHORIZE THE ACTIVITIES DESCRIBED HEREIN. I CERTIFY THAT I AM FAMILIAR WITH THE INFORMATION CONTAINED IN THIS APPLICATION, AND THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, SUCH INFORMATION IS TRUE, COMPLETE, AND CCURATE. I FURTHER CERTIFY THAT I POSSESS THE AUTHORITY TO UNDERTAKE THE PROPOSED ACTIVITIES. I HEREBY GRANT TO THE AGENCIES TO WHICH HIS APPLICATION IS MADE, THE RIGHT TO ENTER THE ABOVE -DESCRIBED LOCATION TO INSPECT THE PROPOSED, IN -PROGRESS OR COMPLETED WORK. I AGREE TO START WORK ONLY AFTER ALL NECESSARY PERMITS HAVE BEEN RECEIVED. SIGNATURE OF APPLICANT OR AUTHORIZED AGENT ATE Ar/ 1 HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). 1 UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER (EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) DATE THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that. Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any:) B. In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view: C. If the application involves a conditional use or variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use, or, in the case of a variance, from which the variance is being sought: These Agencies are Equal Opportunity and Affirmative Action employers. For special accommodation needs, please contact the appropriate agency in the instructions. JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 4 of 4 WASHINGTON �JOINT AQUATIC RESOURCE PERMITS APPLICATION (JARPA) INSTRUCTIONS, SAMPLE DRAWINGS & AGENCY CONTACTS NOTE.- DO NOT SUBMIT this Section with your application. This Joint Application may be used to apply for Hydraulic Project Approvals, Shoreline Management Permits, Approvals for Exceedance of Water Quality Standards, Water Quality Certifications, Coast Guard Bridge Permits, Department of Natural Resources Use Authorization, and Army Corps of Engineers Permits. You must submit readable copies of the completed application form together with detailed drawings, prepared in accordance with the drawing guidance to the appropriate agencies. When applying, you do NOT need to send copies of the instructions. Remember, depending on the type of project you are proposing, other permits may be required that are not covered by this application. Use the following list to determine which permits to apply for. Your project may require some or all of these permits. If you have trouble deciding which permits you need, please contact the appropriate agency for questions. Agency telephone numbers are attached. IF ANY OF THE BOXED ITEMS LISTED UNDER A PERMIT TITLE BELOW APPLY TO YOUR PROJECT, THEN YOU MUST CHECK THE BOX FOR THAT PERMIT ON THE TOP OF PAGE ONE OF THE JARPA FORM. Complete Sections A & C for any of the permits listed below. Also complete Section B for Shoreline and Army Corps of Engineers permits. Detailed drawings are required for any of these permits (see attached drawing guidelines for drawing requirements). ❑ Hydraulic Project Approval from the Department of Fish and Wildlife under 75.20 RCW is required if your project includes construction or other work, that: • will use, divert, obstruct, or change the natural flow or bed of any fresh or salt water of the state. This includes all construction or other work waterward and over the ordinary high water line, including dry channels, and may include projects landward of the ordinary high water line (e.g., activities outside the ordinary high water line that will directly impact fish life and habitat, falling trees into streams or lakes, etc.). ❑ Shoreline Substantial Development, Conditional Use, Variance Permit, or Exemption from Local Government (under the Shoreline Management Act, 90.58 RCW;) required for work or activity in the 100-year floodplain, or within 200 feet of the ordinary high water mark of Shorelines of the State (check with your local government); and which includes any one of the following: • dumping; • drilling; • dredging; • filling; • placement or alteration of structures (whether temporary or permanent); or • any activity which substantially interferes with normal public use of the waters regardless of cost. ❑ Floodplain Management Permits and/or Critical Areas Ordinances review by Local Government for: • work in frequently flooded areas, geologically unstable areas, wildlife habitats, aquifer recharge areas, and wetlands. ❑ Section 401 Water Quality Certification from your Department of Ecology Regional office under 33 USC § 1341 is needed when a federal approval is required for a project, including the following: • Corps of Engineers Nationwide Permit or Industrial Permit --Send to Ecology's Regional Federal Permits Unit; in the Regional Office; • FERC hydropower license --Attach FERC exhibit E and send to Ecology's Water Resources Program; and ❑ Aquatic Resources Use Authorization Notification from the Department of Natural Resources is required if your project: • is on, crosses, or impacts the bedlands, tidelands or shorelands of a navigable water. ❑ Section 404 Permit from the Corps of Engineer under 33 USC § 1344 is required if your project includes: • placement of dredged or fill material waterward of the ordinary high water mark, or the mean higher high tide line in tidal areas, in waters of the United States, including wetlands; • mechanized land clearing and sidecasting in waters of the United States, including wetlands. JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 1 of 4 Endangered Species Act (ESA) Consultation ❑ Section 10 Permit from the Corps of Engineer is required for: any work in or affecting navigable waters of the United States (e.g., floats, piers, docks, dredging, excavation, piling, buoys, overhead power lines, etc.). ❑ Section 9 Permit from the Coast Guard is required for: construction of a new bridge or modification to an existing bridge over a navigable waterway. USEFUL DEFINITIONS The following definitions are presented to help applicants in completing the JARPA. They may not necessarily represent specific language from the laws implemented through JARPA. Ordinary High Water Mark or Line means the visible line on the banks where the presence and action of waters are so common as to leave a mark upon the soil or vegetation: Provided, that in any area where the ordinary high water line cannot be found the ordinary high water line adjoining saltwater shall be the line of mean higher high water and the ordinary high water line adjoining freshwater shall be the elevation of the mean annual flood. Mean Lower Low is the 0.0 tidal elevation, determined by averaging each day's lowest tide at a particular location over a period of 19 years. It is the tidal datum for vertical tidal references in the salt water area. Mean High Water and Mean Higher High Water Tidal Elevations at any specific location can be found in tidal benchmark data compiled by the United States Department of Commerce, Environmental Science Services Administration, Coast and Geodetic Survey, dated January 24, 1979. This information can be obtained from the Corps of Engineers at (206) 764-3495. The determination of tidal elevation is obtained by averaging each day's highest tide at a particular location over a period of 19 years, measured from mean lower low water, which equals 0.0 tidal elevation. Shorelands or shoreland areas means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of 90.58 RCW. Shorelines means all water areas of the state, including reservoirs, and their associated wetlands, together with the lands underlying them, except stream segments upstream of the point where mean annual flow is less than 20 cubic feet per second, and lakes less than 20 acres in size. Wetlands means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Bridge means any structure including pipelines and conveyor belts, which transports traffic or materials across a navigable water. Aquatic Tidelands means the area between the ordinary high tide line and extreme low tide line, unless otherwise established. Aquatic Shorelands means the shore areas of non -tidal navigable lakes or rivers between the ordinary high water line and the line of navigability unless otherwise established. Aquatic Bedlands means the area waterward of and below the line of navigability on non -tidal rivers and lakes, or below the extreme low tide mark in navigable tidal waters, or below the outer harbor line where a harbor has been created. Nationwide Permit issued by the Corps of Engineers for projects with minimal impacts. For a complete packet of nationwide permits and application information, contact the Corps Regulatory branch at (206) 764-3495. JARPA, Revised 12/98, contact Ecology's Permit Assistance Center for latest version, 360/407-7037 Page 2 of 4 GUIDANCE FOR COMPLETION OF DRAWINGS General Information. Three types of illustrations are needed to properly depict the proposed activity: Vicinity Map, Plan View, and Cross -Sectional View. Drawings to scale should be prepared using clear printing, black ink, and the fewest number of sheets possible. Include the scale. The importance of clear accurate drawings cannot be overstated. At a minimum, drawings must contain the following information; other information may be required depending on project type. If you have questions regarding completing the drawings, call the appropriate agency. 1. Vicinity Map. A copy of a county or city road map, or a U.S. Geological Survey topographic map may be used. Include: a. North arrow. b. Name of waterbody (and river mile if appropriate). C. Location of the proposed activity (indicate with a circle, arrow, X, or similar symbol). d. Provide latitude and longitude of the site to the nearest second. e. Provide directions to the site. 2. Plan View. This drawing illustrates the proposed project area as if you were looking down at the site from overhead. a. North arrow. b. Name of waterbody and direction of water flow. C. Location of existing shoreline. Tidal Waters: Show the Ordinary High, Mean High, Mean Low, Mean Higher High, and Mean Lower Low Water Marks or Lines, and/or wetland boundaries. Indicate elevation above datum. Non -tidal waters: Show the Ordinary High Water Mark or Line, Meander Line, and/or wetland boundary. d. Dimensions of the activity or structure and impervious surfaces, distance from property lines, and the distance it extends into the waterbody beyond the Ordinary High, Mean High, Mean Higher High, and Mean Low Water Mark or Line, and/or wetland boundaries, as appropriate. e. For Corps permits, indicate the distance to Federal projects and/or navigation channels (if applicable). To ascertain, call the Corps Regulatory Branch Office at (206) 764-3495. f. Show existing structures on subject and adjoining properties. g. Indicate adjoining property ownership. h. If fill material is to be placed, identify the type of material, amount of material (cubic yards), and area to be filled (acres). i. If project involves dredging, identify the type of material, amount of material (cubic yards), area to be dredged, method of dredging, and location of disposal site. Dredging in areas shallower than -10 feet needs to be clearly identified on drawings. j. Identify any part of the activity that has been completed. k. Indicate types and location of aquatic, wetland, riparian and upland vegetation. I. Erosion control measures, stabilization of disturbed areas, etc. M. Utilities, including water, sanitary sewer, power and stormwater conveyance systems (e.g., bioswales). n. Indicate stormwater discharge points. o. Proposed landscaping where applicable (for complex landscape plans, please attach a separate drawing). p. Where applicable, plans for development of areas on or off site as mitigation for impacts associated with the proposal. q. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. 3. Cross -Sectional View. This drawing illustrates the proposed activity as if it were cut from the side and/or front. Include: a. Location of water lines. Tidal Waters: Show the Ordinary High, Mean High, Mean Higher High, and Mean Lower Low Water Marks or Lines, and/or wetland boundary. Non -tidal waters: Show the Ordinary High Water Mark or Line, and/or wetland boundary. b. Water depth or tidal elevation at waterward face of project. C. Dimensions of the activity or structure, and the distance it extends into the waterbody beyond the Ordinary High, the Mean High, the Mean Higher High and Mean Low Water Mark or Line, and/or wetland boundaries. d. Indicate dredge and/or fill grades as appropriate. e. Indicate existing and proposed contours and elevations. f. Indicate types and location of aquatic, wetland, and riparian vegetation present on site. g. Indicate type and location of material used in construction and method of construction. h. Indicate height of structure. Clearance and Elevations. Applies to Coast Guard Bridge Permits only. a. Vertical clearance measured from Mean Higher (tidal waters) or Ordinary High (non -tidal water). b. Horizontal clearance between piers or pilings. C. Bottom elevation of the waterway at the bridge. AGENCY CONTACTS Below is a list of agencies to which a copy of the Joint Application may be sent, and which permit each agency issues. Technical assistance and information is also available from these offices. Department of the Army Permit (Section 404 or Section 10) U.S. Army Corps of Engineers, Seattle District Regulatory Branch Post Office Box 3755 Seattle, WA 98124-2255 U.S. Army Corps of Engineers Eastern Washington Information P.O. Box 273 Chattaroy, WA 99003-0273 U.S. Army Corps of Engineers Central Washington Information P.O. Box 2829 Chelan, WA 98816-2829 Department of Ecology Permits — 401 Water Quality Certification Washington State Department of Ecology — Headquarters 300 Desmond Drive, Lacey Post Office Box 47600 Olympia, WA 98504-7600 Central Region 15 West Yakima Avenue, Ste 200 Yakima. WA 98902-3401 Eastern Region 4601 North Monroe, Suite 202 Spokane, WA 99205-1295 Northwest Region 3190 - 160th Avenue S.E. Bellevue, WA 98008-5452 Southwest Region Mailing Address: P.O. Box 47775 Olympia, WA 98504-7775 Physical Address 300 Desmond Drive Lacey, WA 98504 Telephone (206) 764-3495 FAX (206) 764-6602 Telephone (509) 238-4570 FAX (509) 238-4570 Telephone (509) 682-7010 FAX (509) 682-7710 Permit Assistance Center Telephone (360) 407-7037 FAX (360) 407-6904 Telephone (509) 575-2490 FAX (509) 575-2809 Telephone (509) 456-2926 FAX (509) 456-6175 Telephone (425) 649-7000 FAX (425) 649-7098 Telephone (360) 407-6300 FAX (360) 407-6305 Department of Fish and Wildlife (Hydraulic Project Approval) - Submit 3 copies of the JARPA application to Regional offices. Contact regional offices for questions or assistance. Headquarters Washington State Department of Fish and Wildlife Telephone (360) 902-2534 600 Capitol Way North TDD (360) 902-2207 Olympia, Washington 98501-1091 FAX (360) 902-2946 Region 1 (Pend Oreille, Ferry, Stevens, Spokane, Lincoln, Whitman, Columbia, Garfield, Asotin, and Walla Walla Counties) Washington State Department of Fish and Wildlife Telephone (509) 456-4082 8702 North Division Street FAX (509) 456-4071 Spokane, WA 99218-1199 Region 2 (Okanogan, Douglas, Grant, Adams, and Franklin Counties) Washington State Department of Fish and Wildlife Telephone (509) 754-4624 1550 Alder Street NW FAX (509) 754-5257 Ephrata, WA 98823-9652 Region 3 (Chelan, Kittitas, Yakima, and Benton Counties) Washington State Department of Fish and Wildlife Telephone (509) 575-2740 1701 South 24th Avenue FAX (509) 575-2474 Yakima, WA 98902-5720 Region 4 (Whatcom, Skagit, Snohomish, King, Island, and San Juan Counties) Washington State Department of Fish and Wildlife Telephone (425) 775-1311 16019 Mill Creek Boulevard FAX (425) 338-1066 Mill Creek, WA 98012-1296 Region 5 (Lewis, Wahkiakum, Cowlitz, Skamania, Clark, and Klickitat Counties) Washington State Department of Fish and Wildlife Telephone (360) 696-6211 2108 Grand Blvd. FAX (360) 906-6777 Vancouver, WA 98663-1299 Region 6 (Pacific, Pierce, Thurston, Grays Harbor, Mason, Jefferson, Clallam, and Kitsap Counties) Washington State Department of Fish and Wildlife Telephone (360) 249-6522 48 Devonshire Road FAX (360) 664-0689 Montesano, WA 98563-9618 Local Government (Shoreline Management Act Approval) Appropriate City or County Planning, Building, or Community Development Department Natural Resources Conservation Service agricultural land NRCS Suite 450 Rock Point Tower Two West 316 Boone Avenue Spokane, WA 99201-2348 Coast Guard (Section 9 Bridge Permit) , formerly Soil Conservation Service (SCS) for information regarding activities on Telephone (509) 353-2335 Commander 13th Coast Guard District (OAN) Telephone (206) 220-7282 915 Second Avenue Seattle, WA 98174-1067 Attn: Austin Pratt Department of Natural Resources, Aquatic Resources Authorization to use bedlands, tidelands, or shorelands of navigable waters. Central Region Northwest Region Southwest Region South Puget Sound Region Northeast Region Southeast Region Olympic Region Headquarters US Fish and Wildlife Service, Endangered Species Act consultation Eastern Washington Telephone (360) 748-2383 Telephone (360) 856-3500 Telephone (360) 577-2025 Telephone (360) 825-1631 Telephone (509) 925-8510 Telephone (509) 925-8510 Telephone (360) 374-6131 Telephone (360) 902-1100 Telephone (509) 765-6125 Western Washington Telephone (360) 753-5835 A D O L F 5 0 N Enwr7Y1.mead Solu oYGS July 28, 2000 Michael A. Benoit City of Renton Utility Systems Division 1055 South Grady Way Renton, WA 98055 SUBJECT: THUNDER HILL ACCESS ROAD REPAIR PROJECT BIOLOGICALREVIEW Dear Mike: Adolfson Associates, Inc. (Adolfson) has prepared this Biological Evaluation (BE) to facilitate discussion of the proposed Thunder Hill Access Road Repair project, related to potential effects on species listed or proposed to be listed under the Endangered Species Act (ESA). A field review of the project was conducted by a biologist and planner from Adolfson in July 2000. This letter report includes an analysis of the potential impacts of the proposed project on species that are federally listed as endangered or threatened under the ESA and which may occur in the project area or be affected by the proposed action. You have indicated that there is currently no federal nexus for this project. Lacking a federal nexus, the proposed project does not appear to require the completion of a Biological Assessment (BA) as required under section 7(c) of the ESA. Should a BA be necessary, this BE will facilitate future coordination with federal and state agencies pertaining to ESA issues, but would not meet all regulatory requirements of the BA process. The project area is located within the range of the Puget Sound Evolutionary Significant Unit (ESU) chinook salmon (Oncorhynchus tshawytscha), listed as threatened under the ESA. Coho salmon (Oncorhynchus kisutch) also occur in the vicinity of the project area and are a candidate species under the ESA. Chinook and coho salmon and other anadromous fish are under the jurisdiction of the National Marine Fisheries Service (NMFS) which regulates marine fish and wildlife species (USNMFS, 2000). The U.S. Fish and Wildlife Service (USFWS) regulates terrestrial wildlife and inland fish species. The USFWS has informed us that the bull trout (Salvelinus confluentus) is the only listed, proposed or candidate species under their jurisdiction in the project area (USFWS, 2000; Attached). The following table summarizes the species listed under the ESA that are addressed in this report. �c�eht�fic`Na ESA Stai�sx' unsdi�tgK" h y Coastal/Puget Sound Bull Trout Salvelinus confluentus Threatened USFWS Puget Sound ESU Chinook Salmon Oncorhynchus tsawytscha Threatened NMFS Puget Sound/Strait of Georgia ESU Oncorhynchus kisutch Candidate NMFS Coho Salmon ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 `,Tel 206 789 9658 1— 206 789 9684 ado on�indoifsoro.�om Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 2 HABITAT DESCRIPTION AND ENVIRONMENTAL BASELINE The project area is located within the City of Renton, Washington. The project site is in a developed urban area surrounded by multi -family housing. The proposed construction site is located along a creek known locally as Thunder Hill or the north fork of Rolling Hill. The unpaved road paralleling the creek is located along the existing Thunder Hill Sanitary Sewer Interceptor. City of Renton staff uses the road to access culverts and sewer facilities along the creek. This creek is not named or classified on USGS topographic maps. The project is located approximately 3 miles from the shoreline of Lake Washington and over 6 miles from Puget Sound. The project area is within the Duwamish/Green River drainage basin. Thunder Hill Creek is culverted above the project area, flows free for approximately 0.5 miles through the project area, then flows through culverts and flumes for approximately 2 miles before draining into the Panther Creek Wetlands (See Figure 1). The wetlands drain into Springbrook Creek, which drains to the Black River and then to Puget Sound via the Green/Duwamish Rivers. In its open section, Thunder Hill Creek is very shallow with a steep gradient. The creek bottom is dominated by gravel and cobble and it is very clean (See Photo 1). During the site visit on July 14, 2000, water was flowing in the creek, but the flow was only 2-3 inches in depth. The stream experiences much higher flows during the wet season as evidenced by water marks and storm damage to the adjacent road. The creek is surrounded by a healthy riparian area consisting of alder, maple, and some cedars in the tree layer; and Indian plum, swordfern, Robert's geranium, salmonberry, thimbleberry, Pacific willow and reed canary grass in the shrub/herb layers (See Photo 2). There are some blackberries, but they are not dominant. The streambank is eroded where storm damage occurred and the stream cut into the access road. There is some existing rock gabion riprap along the east bank of the creek (See Photo 3). The creek and riparian area appear to be a popular recreational area for residents of the adjacent apartments. Trails from the apartments have eroded into the hillslopes beside the creek (See Photo 4). These trails approach culverts that are apparently used as pedestrian bridges across the creek. PROPOSED ACTION The Thunder Hill Access Road Repair Project consists of repairs to a utility access road that parallels a section of Thunder Hill Creek (See Photo 5). The road has been damaged in the past by storms. The proposed project involves repairing the damaged portions and resurfacing the existing road with rock (shoulder ballast). New boulder weirs will be installed in the washout areas. Short segments of road will be raised with fill. The creek is crossed by several pipelines, and stormwater pipes drain into the creek (See Photo 6). Three culverts in the stream are to be removed. In all three locations pipes cross over and use the culverts for support. As noted, these pipelines are used by local residents as pedestrian bridges to cross the creek. After the culverts are removed, utility walkway pedestrian bridges will be installed. The primary purpose of these bridges is to support the pipelines, but they will also provide pedestrian access. "U" shaped rock weirs will be installed in the creek at the bridge locations. A high rockery wall will be installed on both sides of a short section of the stream where a culvert is being removed and utility structures can't be supported by the sloping banks. The project will require the use of heavy construction equipment along the creek. The surrounding neighborhood will experience increased truck traffic. The creek will be temporarily diverted during construction. Areas disturbed during construction will be restored to existing conditions upon completion. The banks will be stabilized with coir fabric and replanted with native vegetation. The project design has been reviewed by WDFW Area Habitat Biologist, Philip Schneider. His recommendations have been incorporated into the final design. Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 3 ANTICIPATED PROJECT IMPACTS Erosion and stormwater runoff could result from project construction. Filter fabric fences will be constructed according to City standards. A Temporary Erosion and Sedimentation Control (TESC) plan meeting City standards will be required. Construction work will take place during the low flow period of July 15 to September 15. Because the construction activity will occur along an access road that is closed to the public, the project is unlikely to disrupt traffic in the neighborhood. Increased truck traffic during construction hours may have limited impacts on the neighborhood. Heavy construction equipment and increased truck traffic in the area will generate additional noise. Construction will take place only between the hours of 8 a.m. and 5 p.m. to minimize noise impacts to the neighborhood. These impacts will cease when the project is complete. LISTED AND CANDIDATE SPECIES WITHIIN THE PROJECT VICINITY Threatened Species Coastal/Puget Sound Bull Trout There are two life history forms among bull trout: a resident form and a migratory form. The individuals of the migratory form may be stream dwelling (fluvial), lake -dwelling (adfluvial), or ocean -or estuarine - dwelling (anadromous) (USFWS, 1998). Most migratory coastal bull trout are anadromous, migrating to the ocean in the spring and returning in the late summer and early fall (Wydoski and Whitney, 1979). Bull trout are most commonly associated with pristine or only slightly disturbed basins and spawn in streams with clean gravel substrates and cold (less than 490 F) water temperatures. Bull trout are not known to occur as residents in the Duwamish/Green River system. There have been reports of native char in the basin; however, extensive surveys in the upper watershed above Howard Hanson Dam have not identified a resident population in this relatively undisturbed watershed (WDFW 1998). Warner and Fritz (1995) reported the capture of one bull trout adult in the lower estuary downstream of the City during their seine surveys in the Duwamish/Green River estuary and confirmed the identification of the fish by genetic testing. It is not known whether this individual fish was an anadromous or fluvial fish from the Duwamish/Green system or an opportunist from another basin feeding on outmigrating fish in the lower river (Warner and Fritz 1995). There is no documented evidence of bull trout in Thunder Hill Creek. Because the creek is culverted for long stretches above and below the project area, it is unlikely to be suitable habitat for bull trout. Puaet Sound ESU Chinook Salmon Chinook salmon are anadromous. They require varied habitats during different phases of their life. Chinook typically spawn in the mainstem of larger rivers and tributaries. Juvenile chinook rear in the lower mainstem of rivers before entering the estuary. Chinook generally migrate to salt water in the summer and fall and spend from two to four years rearing in Puget Sound and/or the North Pacific before returning to spawn. Native stocks of fall chinook salmon are known to exist in the mainstem of the Cedar River (WDFW, 1994). Chinook are present within the mainstem of the Duwamish/Green River during their outmigration as juveniles and during their return migration as adults. Chinook salmon stocks in the Duwamish/Green River have been identified as "healthy" based on escapement levels (WDFW, 1994). Given the habitat conditions of Thunder Hill Creek with culverts upstream and downstream of the proposed project area, it is unlikely that chinook salmon Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 4 utilize the creek. NMFS has designated critical habitat for the chinook salmon. That habitat includes the Duwamish/ Green River. Candidate Species Puget Sound/Strait of Georgia Coho Salmon Coho salmon, like chinook, are anadromous. Adults spawn in freshwater streams in the late fall and early winter. Juvenile coho rear in freshwater for 12 to 18 months. Rearing juveniles prefer off -channel pools with complex cover including both large and small woody debris (Henry, 1995). Most coho spend from 16 to 20 months rearing in the ocean and return to spawn in fresh water as three-year old adults. Coho salmon stocks in the Duwamish/Green River have been identified as "healthy" based on escapement levels; however, data showed a decrease in escapement that may lead to the stocks being determined "depressed" in the future (SASS[ 1994). IMPACTS TO LISTED AND CANDIDATE SPECIES Based on habitat considerations and expected species occurrence in the project area and surrounding vicinity, it is anticipated that the proposed project would have no impact on bull trout because there is no habitat in the project area to support the species. The proposed project will also have no affect chinook and coho salmon. Both salmonids exist in the Duwamish/Green River basin. However, because Thunder Hill creek is culverted for long stretches downstream of the project area, it is unlikely that chinook or coho utilize the creek. The project area drains to the Duwamish/Green Rivers, but passes through culverts, a wetland area, and another creek before reaching the Black River. Any increased sediment generated by the project should be settled out before water drains into salmonid bearing streams. If appropriate management practices are employed during construction, that risk should be further minimized. Any effect that might occur would be limited to the construction period. It is expected that if a BA were prepared for this project, the resulting determination of effect would be "no affect" on both chinook and coho salmon. To ensure future concurrence with the ESA, we request that Adolfson be informed of any proposed changes to this project that may involve a federal nexus such as funding or permitting. The project may need to be re-evaluated upon changes in status to these species, new listings, or significant alterations in the proposed scope of work. Sincerely, ADOLFSON ASSOCIATES, INC. Ann L. Root, Ph.D. Senior Planner Attachments: References, Figures, Photos, USFWS Species List, WDFW Letter Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 5 REFERENCES Henry, R. 1995. Backgrounder: Coho salmon and state endangered species Act Special Publication. Portland, Oregon: Oregon Department of Fish and Wildlife. Stalmaster, Mark V. 1987. The Bald Eagle. New York: Universe Books. U.S. Fish and Wildlife Service (USFWS). 1998. A Framework to Assist in the Making of Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Bull Trout Subpopulations Watershed Scale (Draft). U.S. Fish and Wildlife Service (USFWS) 2000. Written Response to Request for Information on Sensitive Species. July, 2000. U.S. National Marine Fisheries Service. 2000. United States Department of the Interior, National Marine Fisheries Service, Northwest Region Habitat Conservation Division, Northwest Region Species List. http://vvww.nwr.noaa.gov/lhabcon/habweb/listnwr.htm. Updated July 11, 2000. Warner, E.J., and R.L. Fritz. 1995. The Distribution and Growth of Green River Chinook Salmon (oncorhynchus tshawyscha) and Chum Salmon (Oncorhynchus keta) Outmigrants in the Duwamish Estuary as a Function of Water Quality and Substrate. Auburn, Washington: Muckleshoot Indian Tribe Fisheries Department. Washington Department of Fish and Wildlife (WDFW). 1998. Washington Salmonids Stock Inventory: Bull Trout/Dolly Varden Appendix. Olympia, Washington. 437 pp. Washington Department of Fish and Wildlife (WDFW) and Western Washington Treaty Indian Tribes. 1994. 1992 Washington State Salmon and Steelhead Stock Inventory. Olympia, Washington. Wydoski, R.S. and R.R. Whitney. 1979. Inland Fishes of Washington. 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Q,�:.Z..1 ,. 34TH S7 S $ '°!\) ----- ST v, - s6gg7 sc / z Sy.,.,. - RENIIby o Sy. •' ,, '. ,� ? % I _ Cnccil� -- S ,,g J� 1. Sr 3 ST $ - SE 174TH ST = <'h ♦ FS x . RENTON NEtLAA71s - � rSN 391TH ST ���.., TM ti N ST-.5 NORTH File name: 20095over ew.p65 Original graphic by: ACT FIGURE 1. No Scale Edits by: PROJECT OVERVIEW THUNDER HILL ACCESS ROAD REPAIR Reproduced with perm;ssi«,granted byTHOMASBROS. by THOMAS BROS. MAPS. It . • .. • MAPS. This map is copyrighted is unlawful to copy or reproduce all or any part thereof, whether RENTON, WASHINGTON for personal use or resale, without permission. ENT OF _ United States Department of the Interior vi 0 O 7 � FISH AND WILDLIFE SERVICE H 3 '$'9 North Pacific Coast Ecoregion Western Washington Office 510 Desmond Drive SE, Suite 102 Lacey, Washington 98503 Phone: (360) 753-9440 Fax: (360) 753-9518 JUL 2 1 7nnn Dear Species List Requester: You have requested a list of listed and proposed threatened and endangered species, candidate species and species of concern (Attachment A) that may be present within the area of your proposed project. This response fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act of 1973, as amended (Act). We have also enclosed a copy of the requirements for Federal agency compliance under the Act (Attachment B). Should the Federal agency determine that a listed species is likely to be affected (adversely or beneficially) by the project, you should request section 7 consultation through this office. If the Federal agency determines that the proposed action is "not likely to adversely affect" a listed species, you should request Service concurrence with that determination through the informal consultation process. Even if there is a "no effect" situation, we would appreciate receiving a copy for our information. Species of concern are those species whose conservation standing is of concern to the Service, but for which further status information is still needed. Conservation measures for species of concern are voluntary, but recommended. Protection provided to these species now may preclude possible listing in the future. There may be other federally listed species that may occur in the vicinity of your project which are under the jurisdiction of the National Marine Fisheries Service (NMFS). Please contact NMFS at (360) 753-9530 to request a species list. In addition, please be advised that federal and state regulations may require permits in areas where wetlands are identified. You should contact the Seattle District of the U.S. Army Corps of Engineers for Federal permit requirements and the Washington State Department of Ecology for State permit requirements. Your interest in endangered species is appreciated. If you have additional questions regarding your responsibilities under the Act, please contact Yvonne Dettlaff (360) 753-9582 or Bobbi Barrera (360) 753-6048. Sincerely, Gerry A. Oackson, Manager Western Washington Office Enclosure(s) c: WDFW Region 4 FHWA ATTACHMENT A July 19, 2000 LISTED AND PROPOSED ENDANGERED AND THREATENED SPECIES, CANDIDATE SPECIES AND SPECIES OF CONCERN WHICH MAY OCCUR WITHIN THE VICINITY OF THE PROPOSED THUNDER HILL ACCESS ROAD REPAIR PROJECT IN KING COUNTY, WASHINGTON (T23N R05E S20) FWS REF: 1-3-00-SP-1492 LISTED Bull trout (Salvelinus confluentus) - occur in the vicinity of the project. Major concerns that should be addressed in your biological assessment of the project impacts to listed species are: l . Level of use of the project area by listed species. 2. Effect of the project on listed species' primary food stocks, prey species, and foraging areas in all areas influenced by the project. 3. Impacts from project construction (i.e., habitat loss, increased noise levels, increased human activity) which may result in disturbance to listed species and/or their avoidance of the project area_ PROPOSED None. CANDIDATE None. SPECIES OF CONCERN The following species of concern may occur in the vicinity of the project: Long-eared myotis (1Llyotis evotis) Long-legged myotis (Myotis volans) Pacific lamprey (Entosphenus tridentata) River lamprey (Lampetra avresi) ATTACHMENT B FEDERAL AGENCIES' RESPONSIBILITIES UNDER SECTIONS 7(a) AND 7(c) OF THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED SECTION 7(a) - Consultation/Conference Requires: 1. Federal agencies to utilize their authorities to carry out programs to conserve endangered and threatened species; 2. Consultation with FWS when a federal action may affect a listed endangered or threatened species to ensure that any action authorized, funded, or carried out by a federal agency is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat. The process is initiated by the federal agency after it has determined if its action may affect (adversely or beneficially) a listed species; and 3. Conference with FWS when a federal action is likely to jeopardize the continued existence of a proposed species or result in destruction or an adverse modification of proposed critical habitat. SECTION 7(c) - Biological Assessment for Construction Projects * Requires federal agencies or their designees to prepare a Biological Assessment (BA) for construction projects only. The purpose of the BA is to identify any proposed and/or listed species which is/are likely to be affected by a construction project. The process is initiated by a federal agency in requesting a list of proposed and listed threatened and endangered species (list attached). The BA should be completed within 180 days after its initiation (or within such a time period as is mutually agreeable). If the BA is not initiated within 90 days of receipt of the species list, please verify the accuracy of the list with the Service. No irreversible commitment of resources is to be made during the BA process which would result in violation of the requirements under Section 7(a) of the Act. Planning, design, and administrative actions may be taken; however, no construction may begin. To complete the BA, your agency or its designee should: (1) conduct an onsite inspection of the area to be affected by the proposal, which may include a detailed survey of the area to determine if the species is present and whether suitable habitat exists for either expanding the existing population or potential reintroduction of the species; (2) review literature and scientific data to determine species distribution, habitat needs, and other biological requirements; (3) interview experts including those within the FWS, National Marine Fisheries Service, state conservation department, universities, and others who may have data not yet published in scientific literature; (4) review and analyze the effects of the proposal on the species in terms of individuals and populations, including consideration of cumulative effects of the proposal on the species and its habitat; (5) analyze alternative actions that may provide conservation measures; and (6) prepare a report documenting the results, including a discussion of study methods used. any problems encountered, and other relevant information. Upon completion, the report should be forwarded to our Endangered Species Division, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503-1273. * "Construction project" means any major federal action which significantly affects the quality of the human environment (requiring an EIS), designed primarily to result in the building or erection of human -made structures such as dams, buildings, roads, pipelines, channels, and the like. This includes federal action such as permits, grants, licenses, or other forms of federal authorization or approval which may result in construction. State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard - Mill Creek, Washington 98012 - (425) 775-1311 January 27, 2000 Hammond,Collier &Wade -Livingston ATTENTION: Russ Snow 4010 Stone Way North, Suite 300 Seattle, Washington 98103-8090 Dear Mr. Snow: SUBJECT: Rolling Hills Sanitary Sewer Pipeline Road Access Repairs; Comments from site review The following are my comments from our site review on January 20, 2000: 1. STA 7+000 - In place of culvert a rock bulkhead will be built to repair the road washout. Minor excavation will be require to realign the channel. Road width should be minimized. 2. STA 10+25 - Delete bank protection on left bank (looking downstream), add 2 "u "shaped rock weirs with open end downstream to divert flows away from bank and prevent down cutting. Bed controls could work here. 3. If it is at all possible I would rather see the big leaf maple stay. Could a small barrier fence be constructed to define road edge. If the maple has to come out a few conifers should be planted in its place. 4. STA 15+94 - The stream bed could be stabilized using rock weirs at this culvert removal site. The channel width should be at a minimum the average channel width measured at various points upstream and downstream. Any bank rock used along the channel should be limited to protecting the toe and extend to the ordinary high water line. The banks should be sloped as much as possible and protected from erosion using coir fabric and replanted with native vegetation. 5. I am concerned that the culvert removal site has the potential cause erosion due to the road access , the steep grades , and the amount of material that will be removed. An erosion control plan should be part of the project plans. General Comments 5. The stream will be required to diverted either by pump or temporary bypass culvert so the work can be done in the dry. 6. The plans should include a landscape plan for all the sites that are disturbed along the creek. Plants should be planted a 3 foot centers and maintained to ensure survival. 7. Work should occur between July 15 and September 15 when flows are low. Mr. Snow January 27, 2000 Page 2 Thank you for the opportunity to provide this information. If you have any questions, please contact me at (425) 649-7015. Sincerely, Philip Schneider Area Habitat Biologist PS:ps:RoHillCk.ltr Enclosure(s): Rock weirs Y �„ •t jp . �{ •i. : .�. F ,�1• P- '• ,gyp -�.. jW i r ' , 41� Photo 1. View of Thunderill -,�`' �, ,_ ,off •r ..��..t ;�. 'fin; - •„�„ �r 0" 44, y '� /' (` 1C J� •Lim &....\� w W v , . � �yF: \'"^ ~ Y�/'►1�1y'�`��� � �. � "ess_ `�r� �� , � i ' _ •.fit.... .. Photo 3. Rock gabion riprap along section of Thunder Hill Creek. (July 2000). Photo 4. Eroded trail leading down to pipeline crossing and culvert on Thunder Hill Creek (July 2000). • �t� ;04t VISION `UECKLIST PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 1 2. 3. 5. A 7. 8. 9. 10 BACKGROUND Name of proposed project, if applicable: Thunder Hill Access Road Repair Name of applicant: City of Renton - Wastewater Utility Address and phone number of applicant and contact person: 1055 South Grady Way Renton, WA 98055 Date checklist prepared: November 27, 2000 Agency requesting checklist: City of Renton Contact: Michael Benoit - (425) 430-7206 Proposed timing or schedule (including phasing, if applicable): Begin Construction July 1, 2002 Allowed to begin work in stream July 15, 2002 Must complete work in stream September 15, 2002 Complete construction October 1, 2002 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. The City of Renton Contracted Adolfson Associates, Inc. to perform a biological Review for the project. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. IM List any governmental approvals or permits that will be needed for your proposal, if known. We will be submitting JARPA, which will determine what permits are necessary. The reviewing agencies will not finalize JARPA prior to completion of the SEPA process in order that they may review our findings. It is our interpretation that the JARPA findings will require an HPA permit issued by Washington Department of Fish and Wildlife. Temporary Use Permit (for construction staging area outside City right-of-way) EAThunderhill\SEPA.doc\MAB -2- 01 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The project consists of repairs to a utility access road that parallels a section of Thunder Hill Creek. The road has been damaged by storm runoffs. The proposed project involves repairing the damaged portions and resurfacing the existing road with crushed ballast rock. A short segment of road will be raised above the normal high water mark. Three culverts in the stream are to be removed. The existing utility pipes that cross the stream at these locations will be supported by wood bridges. While the primary purpose of the bridges is to provide support for the pipes, they will also provide a more stable pedestrian access where people have been historically crossing on the pipeline. Bank stabilization (rock and vegetation) and new boulder weirs will be installed adjacent to the washout areas and where the utility bridges are installed. A water main will be relocated from above to under one of the culverts that is being removed so that, when the culvert is removed, the water main will be buried in a sleeve under the creek bed. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project will be located along the Thunder Hill Sanitary Sewer Access Road from just north of the intersection of South 18'h Street and Grant Avenue South to a point that is approximately 2250 feet north west along the access road. The project is in west half of Section 20, Township 23 North, Range 5 East. B. ENVIRONMENTAL ELEMENTS EARTH General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other The project is located in an incised ravine averaging roughly 7.5% in slope with sideslopes ranging from 50% to nearly vertical b. What is the steepest slope on the site (approximate percent slope?) There are some sideslopes where the existing road has been cut into the bank that are nearly vertical. Natural slopes can be as steep as 100% to 150% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Based upon the 1973 United States Department of Agriculture Soil Conservation Service survey, we would expect to find Alderwood gravelly sandy loam and Kitap silt loam. E:\Thunderhill\SEPA.doc\MAB -3- 0 1 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. The soils in the area seem fairly stable although, where impacted by water such as the stream or concentrated runoff from adjacent developments, erosion or sloughs can appear. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Construction of this project will require grading and the import of approximately 850 cubic yards of fill material to the site. The majority of this material (655 CY of ballast) will be graded onto the existing road as the new driving surface. Approximately 50 CY of gravel borrow backfill will be used to rebuild a section of the road that has been washed out. A small portion of the road will be filled with approximately 40 CY of quarry spalls before final grading to raise the road surface above the stream level. The remaining materials will be used for bank stabilization and the construction of the rock weirs in the stream. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Erosion could occur on -site if proper precautions are not taken during construction. Erosion control measures, as mandated by the Washington State Dept. of Fish and Wildlife (WDFW) and as outlined in the City of Renton Surface Water Design Manual will be employed to reduce erosion potential during construction. All exposed areas will be immediately hydroseeded following construction. Exposed areas will be planted with native vegetation to reduce both short and long-term erosion hazards. Use of the road after construction will be restricted to periodic visits by maintenance vehicles and should not result in any significant adverse long-term erosion problem. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Presently, areas of the gravel road are essentially impermeable due to compaction. The addition of shoulder ballast as a surface treatment should not add any more impervious surfaces. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Erosion control measures, as outlined by the WDFW and in the City of Renton Surface Water Design Manual will be employed to reduce erosion potential during construction. All exposed areas will be immediately hydroseeded following construction. Some exposed areas will be planted with native vegetation that has good soil retention capabilities, such as willow, red -osier dogwood, and salmonberry. E:\Thunderhill\SEPA.doc\MAB -4- 01 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist AIR What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During construction, temporary on -site emissions will consist of fugitive dust and emissions from construction equipment. These are anticipated to be minor and largely confined near the site. b. Are there any off -site sources of emission or odor that may affect your proposal? If so, generally describe. No. c_ Proposed measures to reduce or control emissions or other impacts to air, if any: Equipment and construction of this project will meet federal, state, and local emissions requirements. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The project will be in and adjacent to an un-named (officially) stream which is known as Thunder Hill Creek or North Fork Rolling Hills Creek 2) Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. yes. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. It is estimated that the project will require approximately 850 cubic yards of imported fill material including ballast for surface roadway improvements (655 CY), gravel borrow backfill (50 CY), rockery rock (70 CY), quarry spalls (50 CY) and 25 CY for round rock material to be used in the bolder wiers. The project plans provide information regarding where, how much and what type of fill will be placed within Thunder Hill creek and its flood plain. Generally, fill will only be placed within Thunder Hill Creeks flood plain in the area that was previously the existing shoulder of the access road. Some native material will be dredged from Thunder Hill Creek to allow for the placement of fish habitat improvement structures. Excavated (dredged) material will not be placed within Thunder Hill Creek or its flood plain except as specifically directed by the engineer for backfill in the areas where improvement structures are to be installed. Other required fill will be clean, specified material obtained from a quarry. E-\Thunderhill\SEPA.doc\MAB -5- 01 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Per the Washington State Department of Fish and Wildlife, `The stream will be required to be diverted either by pump of temporary bypass culvert so that work can be done in the dry'. Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Im Ground Water: Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe? Storm water runoff flowing over and through the gravel surface of the road is collected in culverts and dispersed into the creek or it enters the creek as sheet flow. Present storm water runoff from upstream properties appears to be fairly clean. The access road repairs will include improvements to some of the culverts in an effort to mitigate existing problems with erosion. 2) Could waste material enter ground or surface waters? If so, generally describe. There is a risk, at any construction site, that fuels or lubricants can inadvertently enter either the ground or surface water onsite. The contractor will be required to take precautions and to be prepared to take necessary corrective action in the event of a spill. E-\Thunderhill\SEPA-doc\MAB -6- 01/30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Access road repair work being proposed will include improvements to catch basins and cross culverts with the inclusion of energy dissipation features to prevent erosion. 4. PLANTS a. Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other (birch, cottonwood; X evergreen tree: fir, cedar, pine, other X shrubs X grass pasture crop or grain X_ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Some vegetation, most likely grass or shrubs, may be impacted during constuction. C. List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Project plans provide for the replacement of all vegetation damaged, destroyed or removed during the project implementation. In addition, the project calls for the re - vegetation in the riparian areas as part of the improvements. When possible, the planting of vegetation will be incorporated into the rockeries used for stream bank restoration. 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: A wide variety of birds and animals native to the Puget Sound Lowlands may be found in the vicinity of the study area. The more common are underlined below: Birds: hawk, heron, eagle, songbirds, other. misc. scavenger birds (i.e. crows Mammals: deer, bear, elk, beaver, other misc. small mammals (i.e. squirrels) Fish: bass, salmon, trout, herring, shellfish, other unknown Some local, non -migratory fish are believed to inhabit the stream system. EAThunderhill\SEPA.doc\MAB -7- 0 I /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist b. List any threatened or endangered species known to be on or near the site. Based upon a biological review performed for this proposal, the following species may occur within the vicinity of the project: Coastal / Puget Sound Bull Trout (Threatened - USFWS) Puget Sound ESU Chinook Salmon (Threatened — NMFS) Puget Sound / Strait of Georgia ESU Coho Salmon (Candidate — NMFS) Long-eared myotis (Concern — USFWS) Long-legged myotis (Concern — USFWS) Pacific Lamprey (Concern — USFWS) River Lamprey (Concern — USFWS) C. Is the site part of a migration route? If so, explain The entire State of Washington is included within the Pacific flyway migration route. We do not anticipate that this project will have any major, long term impacts on migration routes. d. Proposed measures to preserve or enhance wildlife, if any: The proposed improvements in Thunder Hill Creek and its flood plain have been designed with consultation with the State of Washington Department of Fish and Wildlife. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. M C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. With the exception of potential fuel spills during construction, no hazardous chemicals or other health hazard risks are anticipated. EAThunderhill\SEPA.doc\MAB -8- 01/30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 1) Describe special emergency services that might be required. The only anticipated emergency needs during construction would be ambulance w/ paramedical personnel (in the event of a construction related accident), fire suppression equipment (in the event of a fire), or the emergency spill response team (in the event of a major fuel spill). 2) Proposed measures to reduce or control environmental health hazards, if any: See sections 1, 2, and 3 above b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term noise from construction equipment would occur between 7:00 AM and 7:00 PM. 3) Proposed measures to reduce or control noise impacts, if any: All construction equipment will meet all federal, state and local laws for noise restrictions. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is currently used as a utility corridor and maintenance access road. b. Has the site been used for agriculture? If so, describe. No C. Describe any structures on the site. The only structures along the construction route are utility structures such as sanitary sewer manholes, storm water manholes, culverts under the road and culverts in the stream. d. Will any structures be demolished? If so, what? We are proposing to remove a total of four (4) culverts from three locations along the stream (one set of two culverts is in parallel). The purpose of these structures was to allow sanitary sewer and water mains to cross the stream. They will be replaced with free spanning pedestrian bridges to support the pipes EAThunderhill\SEPA.doc\MAB -9- 01 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist e_ What is the current zoning classification of the site? The Construction zone is within properties that are zoned Residential Single - Family — 8 units per acre (R-8) and Residential Multi -Family Infill (RM-1). f. What is the current comprehensive plan designation of the site? The Construction zone is within properties that are designated Residential Single Family Residential and Residential Multi Family Infill. g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as an "environmentally sensitive area? If so, specify. The construction area is within areas designated as environmentally sensitive in association with slopes, erosion hazard, slide sensitive, seismic, and coal mine hazard. i. Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or tow -income housing. None. C. Proposed measures to reduce or control housing impacts, if any: N/A E \Thunderhill\SEPA.doc\MAB -10- 01 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. N/A b. What views in the immediate vicinity would be altered or obstructed? None C. Proposed measures to reduce or control aesthetic impacts, if any: N/A 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off -site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The access road is used as an informal trail. b. Would the proposed project displace any existing recreational uses? If so, describe. Pedestrian use along the access road may be limited during construction. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A. EAThunderhill\SEPA.doc\MAB -1 1- 01 /30/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site_ N/A. C. Proposed measures to reduce or control impacts, if any: N/A 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The construction site is a gated access road that is not accessible to the general public. Access would be off of S 18' Street just west of Grant Avenue South. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 're C. How many parking spaces would the completed project have? How many would the project eliminate? None. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None more than currently generated, one to five per year. g. Proposed measures to reduce or control transportation impacts, if any: During construction, proper traffic control and detour routing will be used if necessary at the entrance point to the access road.. E AThunderhill\SEPA.doc\MAB -12- 01 /3 0/01 1998 City of Renton Long -Range Wastewater Management Plan Environmental Checklist 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, cable b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: _rla­ Name Printed: Michael A Benoit Date: Z / S-A, EAThunderhill\SEPA.doc\MAB -I 3- 01/30/01 Project Narrative: The project consists of repairs to a utility access road that is approximately 2,250 feet long and ten feet wide and parallels a section of Thunder Hill Creek_ The road has been damaged by storm runoffs. The proposed project involves repairing the damaged portions and resurfacing the existing road with crushed ballast rock. A short segment of road will be raised above the normal high water mark. Three culverts in the stream are to be removed. The existing utility pipes that cross the stream at these locations will be supported by wood bridges. While the primary purpose of the bridges is to provide support for the pipes, they will also provide a more stable pedestrian access where people have been historically crossing on the pipeline. Bank stabilization (rock and vegetation) and new boulder weirs will be installed adjacent to the washout areas and where the utility bridges are installed. A water main will be relocated from above to under one of the culverts that is being removed so that, when the culvert is removed, the water main will be buried in a sleeve under the creek bed. SW th St -j jt 21st St 23rd f S 2nd St C CATIO THUNDER HILL SANITARY SEWER 0 100' 200' III = 100' PIPELINE ACCESS ROAD REPAIR PROJECT VICINITY MAP PROJECT NAME: 54•-�j T42 y A CC r55 204a 2,CP4''P APPLICATION NO: The following is a list of property owners within 300 feet of the subject site. The Development Services Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL NUMBER 'SE!�- A)-V A,( N r,� d (Attach additional sheets, if necessary) NAME (Continued) ADDRESS Applicant Certification ASSESSOR'S PARCEL NUMBER I, ,• „c$J4,I- A ✓gc .Ajo / r hereby certify that the above list(s) of"qW ,t property (Print Name) _ FERK!/yG`��� owners and their addresses were obtained from: PG; 9 "••• �'�• 1�t �O N ❑ Title Company Records ; zo:: Y , Z pTARY �• i X King County Assessors Records o N �i PUBOO Signed sue_ Date (Applicant) �1% goFw= NOTARY ATTESTED: Subscribed and sworn before me, a Notary Public, in and for the State of Washington, residing at 1. rD N on the ,ZG day of _T,AF-tom JA-P- 20_aL. (Notary Public) listprop.doc REV 03/00 FA 326060026001 ASADA TRUDE REIKO 99-668 KULEA PL AIEA HI 96701 889950010005 BEVIS WILLIAM S 1800 GRANT AVE S #C-2 RENTON WA 98055 798850014001 CARLSON DEBRA L 12701 NE 9TH PL D305 BELLEVUE WA 98005 889950017000 CHRISTY ROSEMARY 1800 GRANT AVE S #D5 RENTON WA 98055 202305911309 COUNTRY HILLS L L C 321 HIGH SCHOOL RD NE #281 BAINBRIDGE ISLAND WA 98110 326060005005 DAVENPORT ROBERT W 1626 GRANT AVE S #A202 RENTON WA 98055 326060007001 EHRHARDTSANDRA H 7311 COAL CREEK PKWY SE #A202 RENTON WA 98059 798850008003 FERNANDEZ ZENAIDA D 1500 S 18TH ST #B-202 RENTON WA 98055 889950008009 FRIDAY KENNETH E+ANITA P 1800 GRANT AVE S #B3 RENTON WA 98055 326060030003 HAWKINS BRYAN A 1626 GRANT AVE S #F-102 RENTON WA 98055 326060021002 BAUTISTA RICHARD 1626 GRANT AVE S APT D-202 RENTON WA 98055 798850017004 BORLAND THOMAS K+BORLAND ALLISON G 650 DUVALL AVE NE #N 1131 RENTON WA 98059 4774 326060020004 CASTELLUCCIO CARRIE A 1626 GRANT AVE S, D-201 RENTON WA 98055 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LEWBEL PROP MGMT SANTA BARBARA CA SANTA BARBARA CA 920 GARDEN ST STE A 93101 93101 SANTA BARBARA CA 93101 202305911408 889950025003 326060001004 N/A WOODCLIFFE-50 NOTTINGHAM ELEANOR V OWEN LUETTA C/O NEVIS LEWBEL PROP MGMT 1800 GRANT AVE S #H-2 1626 GRANT AVE S #A-101 920 GARDEN ST STE A RENTON WA RENTON WA SANTA BARBARA CA 93101 98055 98056 798850022004 798850023002 798850024000 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E 9100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850025007 798850026005 798850027003 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850028001 798850029009 798850030007 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850031005 798850032003 798850033001 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850034009 798850035006 798850036004 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850037002 798850038000 798850039008 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850040006 798850041004 798850042002 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 326060006003 889950020004 889950009007 SUTTER ROBERT J TANIGUCHI SALLY S VEZZONI PETER J+COOPER TERESA 1626 GRANT AVE S #A-203 1800 GRANT AVE S #F-1 M RENTON WA RENTON WA 1800 GRANT AVE S #C 1 98055 98055 RENTON WA 98055 864410000508 864412000506 889950007001 WEIDNER INVESTMENT SVCS WEIDNER INVESTMENT SVCS WOLFE MARIA A 9757 JUANITA DR NE 9757 JUANITA DR NE 1800 GRANT AVE S 11-2 KIRKLAND WA KIRKLAND WA RENTON WA 98034 98034 98055 889950019006 WOO HENRY GENE 1800 GRANT AVE S #E-2 RENTON WA 98055 798850011007 889950023008 889950016002 PACZESNY KIM A PEARSON JOHN S+TANAGI GERRY PERKINS GERALD F+CHERYLYN A 1500 S I8TH ST #13101 8332 6TH AVE 1800 GRANT AVE S #D-4 RENTON WA TACOMA WA RENTON WA 98055 98465 98055 889950011003 326060011003 202305900500 POPULUS ERNEST R 11 PORTER FAYE E PUGET SOUND ENERGY/ELEC 1800 GRANT AVE #3 1626 GRANT AVE S #B 202 PROPERTY TAX DEPT RENTON WA RENTON WA PO BOX 90868 98055 98055 BELLEVUE WA 98009 202305901003 202305901201 202305901300 PUGET SOUND ENERGY/ELEC PUGET SOUND ENERGY/ELEC PUGET SOUND ENERGY/ELEC PROPERTY TAX DEPT PROPERTY TAX DEPT PROPERTY TAX DEPT PO BOX 90868 PO BOX 90868 PO BOX 90868 BELLEVUE WA 98009 BELLEVUE WA 98009 BELLEVUE WA 98009 202305901409 202305907000 000720004803 PUGET SOUND ENERGY/ELEC PUGET SOUND ENERGY/ELEC PUGET SOUND ENERGY/ELEC PROPERTY TAX DEPT PROPERTY TAX DEPT PROPERTY TAX DEPT PO BOX 90868 PO BOX 90868 PO BOX 90868 BELLEVUE WA 98009 BELLEVUE WA 98009 BELLEVUE WA 98009 000720019207 889950003000 798850012005 PUGET SOUND ENERGY/ELEC ROBERTS JANELL C ROBERTS WILBERT R TRUSTEE PROPERTY TAX DEPT 1800 GRANT AVE S #A3 ROBERTS FAMILY LIVING TRUST PO BOX 90868 RENTON WA 1500 S 18TH ST BELLEVUE WA 98009 98055 RENTON WA 98055 798850003004 989950004008 326060019006 ROBINSON DAVID W ROSS THEOLA SAWREY SCOTT A+KATHRYN A 1500 S I8TH ST #A201 1800 GRANT AVE S #A-4 1626 GRANT AVENUE SOUTH #D103 RENTON WA RENTON WA RENTON WA 98056 98055 98055 889950012001 326060028007 326060010005 SEITZ VIRGIL V+MYRNA L FLORY SHERIDAN DENISE M SIMPSON JEFF E+JENNIFER L 1800 GRANT AVE S #C 4 1626 GRANT AVE S #E203 1626 GRANT AVE S #B201 RENTON WA RENTON WA RENTON WA 98055 98055 98055 798850010009 798850001008 798850002006 SISSELL ROBERT A STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 1300 N 20TH ST #F2021 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 RENTON WA SEATTLE WA SEATTLE WA 98056 98102 98102 798850004002 798850009001 798850018002 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 798850019000 798850020008 798850021006 STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC STEEPLE CHASE HILL LLC 3316 FURMAN AVE E # 100 3316 FURMAN AVE E # 100 3316 FURMAN AVE E #100 SEATTLE WA SEATTLE WA SEATTLE WA 98102 98102 98102 Request For Variance The City of Renton Wastewater Utility is requesting a variance to Title 4, Section 4-130D4, which prohibits working within fifteen feet (15') of the top of the bank of a stream except for the development of public parks and trail systems and enhancement activities. The City of Renton Wastewater Utility owns and operates a sanitary sewer main that is installed in an unpaved access road that parallels an un-named (officially) creek that is known as Thunderhill Creek or the North Fork Rolling Hills Creek. The existing road and sewer are within fifteen feet (15') of the stream. The road is essential for access to the sewer main for inspection, maintenance, and repair (if necessary). If the road is not properly maintained, portions of the sewer may become inaccessible. If the sewer is not maintained, it may back up or fail which could cause damage to the environment in general and the stream in specific. The road is in need of resurfacing. The road has developed a grass surface. The road is in a shaded area so the grass stays damp which creates a slick driving surface. Because of this and the fact that the road is steep, access to the sewer is treacherous. The City is proposing to resurface the road with shoulder ballast (rock) to allow safe access by our maintenance vehicles. In addition, there is one location along the road that has been eroded by storm flows in the stream. This washout of the road restricts passage of maintenance vehicles. The City is proposing to rebuild that portion of the road to allow the stream to return to its original location. For stream enhancement purposes, the City is also proposing to remove a total of four culverts from the stream in three locations. These culverts were installed to allow three sewer mains, from the apartments above, to bridge over the stream to connect into the main in the access road. The sewer pipes were also being used as footbridges to cross the stream. The City is proposing to install glue -laminated wood bridges at those locations, under which the sewer pipe will be supported. The removal of the culverts will open up the streambed, which the City will restore with boulder weirs and vegetation. The City and our consulting engineer have been in communication with the State of Washington Department of Fish and Wildlife. They have walked the site with us, reviewed the plans, and have provided suggestions to enhance the project. We have also contracted with a environmental consultant to do a biological review of the proposed project related to potential effects on species listed or proposed to be listed under the Endangered Species Act (ESA). They anticipate that the proposed project `would have no impact on listed or proposed species. Following completion of the SEPA process, the City will be submitting the project for JARPA (Joint Aquatic Resource Permits Application). Date: March 29, 2001 To: Michael Benoit From: Subject CITY OF RENTON MEMORANDUM Steve Taylor/Development Planning W Thunder Hill Sanitary Sewer Access Road Repair Project No. LUA-01 -01 3,V-H,ECF RECEIVED MAR 3 0 2001 CITY OF RENTON UTILITY SYSTEMS This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they have completed their review of the environmental impacts of the above -referenced project. The Committee, on March 27, 2001, decided that your project will be issued a Determination of Non - Significance. The City of Renton ERC has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21 C.030(2)(c). This decision was made by the ERC under the authority of Section 4-6-6, Renton Municipal Code, after review of a completed environmental checklist and other information, on file with the lead agency. This information is available to the public on request. Appeals of the environmental determination must be filed in writing on or before 5:00 PM April 16, 2001. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. The date of Tuesday, April 24, 2001 at 9:00 AM, has been set for a public hearing to review the proposed variance. The hearing, before Mr. Fred Kaufman, Renton Hearing Examiner, will be held in the Council Chambers on the seventh floor of City Hall. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. If you have any questions, please contact me at 430-7219. dnsmmemo CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) MITIGATION MEASURES & ADVISORY NOTES APPLICATION NO(S): LUA-01-013,V-H,ECF APPLICANT: City of Renton, Wastewater Utility (Michael Benoit) PROJECT NAME: Thunder Hill Sanitary Sewer Access Road Repair DESCRIPTION OF PROPOSAL: The project consists of repairs to a utility access road that is approximately 2,250 feet long and ten feet wide and parallels a section of Thunder Hill Creek (a.k.a. North Fork of Rolling Hills Creek). The road has been damaged by storm runoffs. The proposed project involves repairing the damaged portions and resurfacing the existing road with crushed ballast rock. The project requires environmental review and a variance for working in and operating mechanical equipment within 25-feet of the ordinary high water mark of a stream. LOCATION OF PROPOSAL: The project will belocated along the Thunder Hill Sanitary Sewer Access Road from just north of the intersection of South 18 Street and Grant Avenue South to a point that is approximately 2,250 feet north west along the access road. The project is in the west half of Section 20, Township 23 North, Range 5 East. MITIGATION MEASURES: 1. The applicant shall follow the Regional Road Maintenance Endangered Species Program Guidelines for all construction activities adjacent to Thunder Hill Creek. 2. All restoration shall be completed to the satisfaction of the Development Services Division within 30 days of construction completion. Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. PLANNING Any construction staging conducted on private property off of the project site will need a temporary use permit. MITIGATION MEASURES CITY OF RENTON MEMORANDUM Date: April 17, 2001 To: Michael Benoit RECEIVED From: Steve Taylor/Development Planning $ APR Subject: Thunder Hill Sanitary Sewer Access Road Repair CITY Ol RENTON Project No. LUA-01-013,V-H,ECF tlTi.iTv ,vsiFMs This letter is to inform you that the comment and appeal periods have ended for the Environmental Review Committee's (ERC) Determination of Non -Significance - Mitigated for the above -referenced project. No appeals were filed on the ERC determination. The date of Tuesday, April 24, 2001 at 9:00 AM, has been set for a public hearing to review the proposed variance. The hearing, before Mr. Fred Kaufman, Renton Hearing Examiner, will be held in the Council Chambers on the seventh floor of City Hall. The applicant or representative(s) of the applicant is required to be present at the public hearing. Enclosed is a copy of the staff report. If you have any questions, please contact me at 430-7219. dnsrmiemo - 272�.:i- ,- T OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: May 3, 2001 R Y itClE- 0 MAY — w CITY OF RENTON UTILITY SYSTEMS City of Renton Wastewater Utility (Michael Benoit) Thunder Hill Sanitary Sewer Access Road Repair FileNo.: LUAOI-013,ECF,V Thunder Hill Sanitary Sewer Access Road from just north of the intersection of South 18'h Street and Grant Avenue South to a point that is approximately 2,250 feet northwest along the access road. Repairs to a utility road that is approximately 2,250 feet long and ten feet wide and parallels a section of Thunder Hill Creek. The proposed project involves repairing the damaged portions and resurfacing the existing road with crushed ballast rock. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on April 17, 2001. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the April 24, 2001 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, April 24, 2001 at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Construction Drawings (13 pages) application, proof of posting, proof of publication and other documentation pertinent to this request. The hearing opened with a presentation of the staff report by Steve Taylor, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project consists of repairs to a utility access road that is approximately 2,250 feet long and ten feet wide and parallels a section of Thunder Hill Creek. The road was built to service the pipeline, and has been damaged by storm runoffs over the years. The Thunder Hill Sanitary Sewer Access Road Repair File No.: LUA01-013,ECF,V May 3, 2001 Page 2 proposed project involves repairing the damaged portions and resurfacing the existing road with crushed ballast rock. The City of Renton Wastewater Utility is requesting a variance to Title 4, Section 4, 130D, which prohibits working within 25 feet of the ordinary high water mark of a stream except for the development of public parks and trails systems and enhancement activities. Using the Construction Drawings, Mr. Taylor described the project. A short segment of the road will be raised above the normal high water mark. Three culverts in the stream are to be removed. The existing utility pipes that cross the stream at these locations will be supported by wooden bridges. Bank stabilization (rock and vegetation) and new boulder weirs will be installed adjacent to the washout areas and where the utility bridges are installed. A water main will be relocated from above to under one of the culverts that is being removed so that when the culvert is removed, the water main will be buried in a sleeve under the creek bed. Mr. Taylor reviewed the project's consistency with Variance Decision Criteria. This road is essential for access to the sewer main for inspection, maintenance, and repair. If the road is not properly maintained, portions of the sewer may become inaccessible. If the sewer is not maintained, it may back up or fail, which could cause damage to the environment in general, and the stream in particular. Granting the variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity. The project will actually enhance stream functions by removing four culverts and replacing them with wooden bridges to support sewer pipes from adjacent apartment buildings. Areas disturbed during construction will be restored upon completion. A Biological Evaluation analyzed the potential impacts of the project on species that are federally listed as endangered or threatened under the ESA. The report concluded that is it unlikely that any endangered or threatened species utilize the creek and that any short term increase in sediment generated by the project should be settled out before the water drains into salmonid bearing streams. The approval does not constitute a grant of special privilege. The fact that this is a City Utility intended to serve surrounding development makes it different than other types of development allowed in the zone. The sewer main and the access road are existing facilities that require ongoing maintenance. The approval, as determined by the Hearing Examiner, is a minimum variance that will accomplish the desired purpose. Staff recommends approval of the variance from Land Clearing and Tree Cutting Regulations (RMC444-4- 130D.4b for the Thunder Hill Sanitary Sewer Access Road Repair. Mike Benoit, Wastewater Utility, 1055 S. Grady Way, Renton, WA 98055 stated that the sewer was installed over thirty years ago as part of the development of the apartments in the area. At the time of construction, the standards we have today were not in place. The sewer would not have been able to be built in such a low lying area today without a lot of stringent mitigation measures imposed. The City is simply trying to restore the road and put it back into a condition where it can be accessed. The City believes this project meets all the criteria for an exemption from the required Code. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:22 a.m. FINDINGS, CONCLUSIONS & DECISION 1. The applicant, City of Renton Waste Water Utility, filed a request for approval of a variance from stream regulations to work within 25 feet of a stream. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. Thunder Hill Sanitary Sewer Access Road Repair File No.: LUA01-013,ECF,V May 3, 2001 Page 3 3. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance (DNS) for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject proposal covers a corridor approximately 2,250 feet long. The corridor parallels a portion of a creek variously known as Thunder Hill Creek or the North Fork of Rolling Hills Creek. The segment of the creek involved runs east of Eagle Ridge Drive and north of S. 18th Street. 6. The corridor is an easement granted to the City for a sewer line that runs through nine (9) separate parcels. 7. The property is located in two zoning districts. It runs through both an R-8 (Single Family; 8 dwelling units per acre) Zone and the RM-1(Residential, Multiple family infill) Zone. 8. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of residential uses, but does not mandate such development without consideration of other policies of the Plan. 9. The applicant proposes restoring, repairing and resurfacing an access road that runs along the sewer corridor. The roadway was damaged by flooding and its surface has proven unsuitable. The roadway is located within 15 feet of the creek. 10. The road would be resurfaced with crushed ballast rock which would allow drainage and provide a road with better traction for access. A portion of the road would be moved above the normal high water mark of the creek. 11. Since the road is located within 25 feet of the high water mark of the adjacent creek, a variance is required for any work in this sensitive location. 12. Along with the roadway work, the applicant will remove three culverts and replace them with bridges. These bridges will be wooden and are designed to carry utilities that cross the creek in these three locations. These bridges will also provide a pedestrian route, since social trails have developed in the area. 13. The project has been reviewed by the Washington State Department of Fish and Wildlife. Their suggestions were incorporated into the project. They have also limited the work, with a window of 60 days between July 15 and September 15 when stream flows are low. 14. A Biological assessment determined that it was unlikely that any threatened or endangered species would be affected by the proposal. They also determined that particulates or sediment should settle out before reaching any salmon bearing waters. 15. The applicant will be importing approximately 850 cubic yards of crushed rock for the project. 16. The sewer line and road have been in this corridor for approximately 30 years. Thunder Hill Sanitary Sewer Access Road Repair File No.: LUA01-013,ECF,V May 3, 2001 Page 4 CONCLUSIONS: Variances may be granted when the property generally satisfies all the conditions described in part below: The applicant suffers undue hardship caused by special circumstances such as: the size, shape, topography, or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; C. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property appears ripe for the variance requested. 2. While to some extent the hardship is self-created since the applicant placed the sewer line and roadway in an area subject to erosion or flood damage, replacing the sewer line with another would create more problems than restoring the roadway and enhancing its elevation in some places. The sewer line has been in this location for 30 years and its location in the creek corridor creates undue hardships. Approving the variance will not materially harm the public welfare or other properties. The road is already located in this location. The project merely is intended to stabilize it and fix a few flaws in its current alignment and restore the creek to the surface where it is not located in culverts. 4. The permission to restore the road and reduce erosion problems by relocating small sections should not create any special precedent. There would be few situations that are similar to the circumstances involved in this case. 5. It appears that the applicant is doing about the least amount of intrusive work in this corridor as possible. DECISION: The variance is approved. ORDERED THIS 3`d day of May, 2001. -4�j � �� - - FRED J. KAU AN HEARING EXAMINER TRANSMITTED THIS 3`d day of May, 2001 to the parties of record: Thunder Hill Sanitary Sewer Access Road Repair File No.: LUA01-013,ECF,V May 3, 2001 Page 5 Steve Taylor 1055 S Grady Way Renton, WA 98055 Mike Benoit 1055 S Grady Way Renton, WA 98055 TRANSMITTED THIS 3`d day of May, 2001 to the following: Mayor Jesse Tanner Members, Renton Planning Commission Larry Rude, Fire Marshal Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division South County Journal Gregg Zimmerman, P1anBldg./PW Admin. Neil Watts, Development Services Director Sue Carlson, Con. Div. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Councilperson Kathy Keolker-Wheeler Pursuant to Title IV, Chapter 8, Section 100G of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., May 17, 2001. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m., May 17, 2001 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. Y DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 REPLY TO ATTENTfON OF NOV 16 2001 Regulatory Branch City of Renton Wastewater Utility ATTN: Mr. Michael Benoit 5th Floor 1055 South Grady Way Renton, Washington 98055 Ladies and Gentlemen: ECEIVED NOV 19 2001 CITY OF RENTON UTILITY SYSTEMS Reference: 2001-4-00827 Renton, City of This letter is in response to your application requesting a Department of the Army authorization to place rock for bank protection in North Fork Rolling Hills Creek at Renton, Washington. The proposed project will prevent erosion to a sewer line access road. The regulations which govern our permit program contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 13 and NWP 33 (Federal Register, December 13, 1996, Vol. 61, No. 241 and/or March 9, 2000, Vol. 65, No. 47) authorize "Bank Stabilization" and "Temporary Construction, Access and Dewatering", respectively. The entire text of NWP 13 and NWP 33 including their specific regional conditions is enclosed. The NWP 13 and NWP 33 authorize the above -described proposed project. The work must be performed as depicted on the enclosed drawings and in accordance with the enclosed general conditions in order to remain authorized by the nationwide permit. Endangered Species Act Compliance: One of those specific conditions that applies to all NWPs is General Condition 11, which deals with the Endangered Species Act (ESA). In this case, all the requirements of the ESA have been met, and you are in full compliance with General Condition 11. National Historic Preservation Act Compliance: I have completed the necessary review and coordination under Section 106 of the National Historic Preservation Act. The State of Washington has partially denied 401 Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response under certain conditions. You need to check with the Washington State Department of Ecology (State) to determine any further 401 WQC and CZM requirements. Please telephone or send your plans to the following address prior to starting work: Washington State Department of Ecology Northwest Regional Office 3190 — 160th Avenue, SE Bellevue, Washington 98008-5452 Telephone (425) 649-7145 You must send us a copy of the individual 401 WQC and CZM Consistency Response authorizations for our file. In order for this NWP to be valid, you must comply with any conditions the State includes in their 401 WQC and CZM Consistency Response. You may then proceed to construction. If more than 180 days pass and the State has not responded to your individual 401 WQC and CZM Consistency Response request, the 401 WQC and CZM Consistency Response become waived. To confirm this, you must send us a copy of only your 401 WQC application and then receive a letter from the U.S. Army Corps of Engineers before proceeding with your proposed work. This NWP verification will be valid until February 11, 2002. Our regulations state that if your project is under construction, or under contract to construct, before the expiration date, then the NWP authorization will remain in effect for 12 additional months. If you are not under contract, you must contact this office to determine permit requirements. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply with other Federal, State, and local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed compliance statement. If you have any questions, please contact me at telephone (206) 764-6905. Sincerely, ��� I t-1'd� Joseph W. Brock, Project Manager Enforcement Section Enclosures FCTARI ICH in, rnr+r nr OF ORIGINAL ORDINARY HIGH WATER MARK cn10 1. oMivr\ DO NOT DISTURB ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK 0 10 20 1 91 = 10 Reference: 2001-4-00827 EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD DETAIL ;75 VI\V11I nIN 1 1 IIVI1 .. NOTES: EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE i THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 In: North Fork Rolling Hills CreeK At: Renton County: King State: WA Page Z of Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion I ROADWAY RESURFACE U� PER STANDARD DETAIL _ EXIST. ROCKERY, REMOVE ROCK c9 AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS I OR STREAM BOTTOM NEW CB AND DRAIN I PIPE. SEE PLAN—, I S A RIP AIL '►.�oiiiiii!� ' �I % NOTES: IF THERE ARE NOT SUFFICIENT ON —SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 0 10 20 September 14, 2001 lommmail T 1 " = 109 Reference: 2001-4-00827 In: North Fork Rolling Hills Creek Appl. By: City of Renton At: Renton County: King Proposed: bank stabilization State: WA EMN INSTALL NEW 3'�� \ \ HIGH ROCKERY \ ® TOE OF BANK\\\\\\\\ REMOVE\ AND,, 1)15RCJS OF EXISTT.\4'8"\STEEzL \� CULVEK iZI �o / / ROADWAY RESURFACE r �r p +2 - — — _ _ — -10 NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORT MATCH WITH EXISTING GROUND, TYP NOTES: 15' MIN INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. INSTALL ROCKERY PER STANDARD DETAIL FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ORDINARY HIGH WATER MARK A \ \ INSTALL NEW 3' HIGH ROCKERY ® TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS FIGURE 3 THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 10 20 September 14, 2001 1 = 1 Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Creek At: Renton County: King State: WA Page y of EDGE OF EXIST ACCESS ROAD CLEANOUT IN MH LID - , STA 11 + 0 , ORDINARY HIGH WATER MARK REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/0 EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION 44 00 i1 r 7� ROAD WASHOUT REPAIR STREAM BANK STABILIZATION 0 10 20 September 14, 2001 1 = 10 9 Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Greets At: Renton County: King State: WA Page S of 6, ADCCESS GE (ROAD P41, Avg , VE L10" S --- — ------— STA 15+60 INSTALL NEW BOULDER WEIR TYPICAL / V / 1 \ INSTALLL NEW 15 FT. \ \ \ \ \ LONG/ x 4 FT. WIDE WALKWAY BRIDGE, MATCH W/ GROUND/ EMOVE AND DISPO \ \ \ \ BOTH SIDES. EXISTING 48" 0. CMP \ CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH / 2 AND LOCATION PRIOR TO NEW / ~ CONSTRUCTION 15+, RDIN AR X P9 GH \ \WATER\MyARK \ \ \ \TIWICAL \ \ \ \ NOTES: INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED / AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, h / / AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. 1 / ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK FIGURE 4 THUNDERHILL ACCESS ROAD REPAIR STATION 16+00 CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE 0 10 20 September 14, 2001 1" = 10' Reference: 2001-4-00827 Appi. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills c;reeK At: Renton County: King State: WA Page 6 of NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 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, or for other construction activities not subject to the Corps or U.S. Coast Guard regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre -project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). The permittee must notify the District Engineer in accordance with the "Notification" general condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where necessary, to ensure that adverse environmental effects are minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g., construction mats in wetlands where practicable.). (Sections 10 and 404) Notification Requirement— Yes, in all instances. See National General Conditions 13(b) — Notification and 25(b) — Designated Critical Resource Waters, for specific requirements: Regional Conditions; — The discharge is not authorized in documented habitat for State - listed endangered, threatened, or sensitive animal species. 2. Temporary fills may be in place for up to six months only, unless the applicant requests and receives approval for an extension from the District Engineer. Additional timing adjustments may be included to lessen impacts during critical times for migratory species. NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 3. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 4. This NWP is prohibited from use in playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. An individual permit application must be submitted for proposed work in these areas. EPA and State 401 Certification — Partially denied without prejudice. An individual 401 Certification is required for projects authorized under this NWP if required by any EPA or State Regional General 401 Condition and that: Impair surface water flow into or out of a wetland; or, 2. Affect more than 113 (one-third) acre of waters of the U.S. Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. CZM Consistency Response — Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. 0 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type, or is placed in any location, or in any manner, so as to impair surface waiter flow into or out of any wetland area; No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the District E=ngineer in accordance with the "Notification" general condition and the District Engineer determines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWP may not be used for the channelization of a water of the United States. (Sections 10 and 404) Notification Requitement — Yes. If project is greater than 500 feet in / if the fill exceeds 112 cubic yard per running foot, if the project includes uprigt; structures, or if the work is proposed in a designated critical resource water. National General Conditions 13 - Notification and 25(b)'- Designated Critical Resource Waters, for specific requirementow 00- s 5 NO .,x NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Regional Conditions — The following bank stabilization activities may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" general condition and the adverse impacts are determined to be minimal: a) Activities exceeding 112 cubic yard per running foot of fill material; or, b) Proposed projects using any upright structures (e.g., retaining walls, concrete, or timber bulkheads, etc.). 2. Alteration or disturbance of existing bank vegetation shall be held to a minimum, and revegetation shall occur in areas where vegetation was destroyed by riprap placement or project construction. Measures such as hydroseeding with annual, or non-invasive grasses may be used for temporary erosion control. 3. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 4. The construction of new or additional bank protection or the repair or replacement of existing permitted bank protection will incorporate the least environmentally damaging practicable methods. These methods would include the use of bioengineering, biotechnical design, root wads, large woody debris, plantings, etc. EPA 401 Certification —Partially denied without prejudice. All projects receiving coverage under this NWP are subject to the following conditions and those in the EPA Regional General 401 Conditions: An individual 401 Certification is required for projects over 250 feet long or exceeding an average of 112 cubic yard of material per running foot. 2. The linear distance may be increased to a total project length of 500 feet long if bioengineering, approved by the U.S. Fish and NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Wildlife Service and/or National Marine Fisheries Service, is incorporated into the bank stabilization project. 3. The 112 cubic yard limitation can be increased to incorporate the placement of fish enhancement structures into the bank stabilization project (i.e. rock barbs). This work shall be approved by the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. 4. An individual 401 Certification is required for all upright (vertical or near vertical) bank stabilization structures (i.e. poured concrete, concrete block and rock gabion retaining walls, timber bulkheads). Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. State 401 Certification —Partially denied without prejudice. An individual 401 Certification is required for projects authorized under this NWP if required by any State Regional General 401 Condition and for the following: Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g., soil bioengineering, biotechnical design, rock barbs, etc.) as approved by WDFW, 2. Proposed projects using any upright structures (e.g., retaining walls, concrete or timber bulkheads, etc.); or, 3. Projects that are greater than 500 feet in length. For proof of consistency with State 401 Certification Condition 1 above, the applicant may provide a copy of the Hydraulic Project Approval issued for the project, or a letter from WDFW stating that the project design meets WDFW approval for incorporating structures and/or modifications beneficial for fish or wildlife habitat. CZM Consistency Response — Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. Nationwide Permits / Seattle District / 7 June 2000 CONDITIONS FOR NATIONWIDE PERMITS National Conditions. The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. 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. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed' in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act consistency &,termination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely 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). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. Nationwide Permits / Seattle District / 7 June 2000 9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification (either generically or individually) does not require or approve a water quality management plan, the permittee must include design criteria and techniques that will ensure that the authorized work does not result in more than minimal degradation of water quality. An important component of a water quality management plan includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality. Refer to General Condition 21 for stormwater management requirements. Another important component of a water quality management plan is the establishment and maintenance of vegetated buffers next to open waters, including streams. Refer to General Condition 19 for vegetated buffer requirements for the NWPs. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such species. 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 is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the 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. 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. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, Nationwide Permits / Seattle District / 7 June 2000 etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.gov/prot__res/esahome.html, respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the! activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can request the 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 notified in writing by the District or Division Engineer that an individual permit is required; or Nationwide Permits / Seattle District / 7 June 2000 (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address, and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed. (6) For NWP 14, Linear Transportation Crossings, the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement describing how temporary losses of waters of the United States will be minimized to the maximum extent practicable. (7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan. (8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation of the prior condition of the site that will be reverted by the permittee. (9) For NWP 29, Single -Family Housing, the PCN must also include: Nationwide Permits / Seattle District / 7 June 2000 (i) Any past use of this NWP by the individual permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring 1,44 acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than '/4 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the - entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site. (11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. (12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization of losses of waters of the United States were achieved on the project site. Nationwide Permits / Seattle District / 7 June 2000 (13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP 42, Recreational Facilities, the PCN must include a compensatory mitigation proposal that offsets unavoidable losses of waters of the United States or justification explaining why compensatory mitigation should not be required. (14) For NWP 40, Agricultural Activities, the PCN must include a compensatory mitigation proposal to offset losses of waters of the United States. (15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with State and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the United States. (16) For NWP 44, Mining Activities, the PCN must include a description of all waters of the United States adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the United States, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities). (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, 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. (19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved local floodplain maps), the notification must include documentation demonstrating that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements. Nationwide Permits / Seattle District / 7 June 2000 (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be used. (d) 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. The prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the process and 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. 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, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. 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 p[an within 45 days of receiving a complete PCN and determine whether the conceptual or specific 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 stating that the project can proceed under the terms and conditions of the nationwide permit. If the District Engineer determines that the adverse effects of the proposed work are more than minimall, then he 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 proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or Nationwide Permits / Seattle District / 7 June 2000 (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the United States will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than '/z acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 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 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 notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson - Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. Nationwide Permits / Seattle District / 7 June 2000 (f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than '/4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include. - (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. 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. 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). Nationwide Permits / Seattle District / 7 June 2000 19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in exceptional circumstances. (b) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed; (c) The District Engineer will require restoration, creation, enhancement, or preservation of other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or near streams or other open waters is the establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The District Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address documented water quality concerns. If there are open waters on the project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 39, '/4 acre of wetlands cannot be created to change a '/2 acre loss of wetlands to a '/a acre loss; however, '/2 acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of wetlands). If Nationwide Permits / Seattle District / 7 June 2000 the prospective permittee is, required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. (d) To the extent appropriate, permittees should consider mitigation banking and other appropriate forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District Engineer determines that activity -specific compensatory mitigation is more appropriate, based on which is best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the aquatic environment are minimal. 20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and must not increase water flows from the project site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. Nationwide Permits / Seattle District / 7 June 2000 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, 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) Except as noted below, 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, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance with this condition. (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 13, 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 he determines that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100- year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the Nationwide Permits / Seattle District / 7 June 2000 prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above -grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. (b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is five cubic feet per second). (1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must include documentation that such discharges comply With FEMA or FEMA-approved local floodplain construction requirements. (2) Floodway. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the floodway of the 100-year floodplain of headwaters are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA- approved local floodplain construction requirements. Section 10 Only Condition Removal, Relocation or Other Alteration to Structures. The permitee understands and agrees that, if future operations by the United States requires 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. Special Condition Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Nationwide Permits / Seattle District / 7 June 2000 Corps Regional General Conditions Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in bog and bog -like wetlands or just the bog or bog -like component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Mature Forested Wetlands. The use of NWPs is specifically prohibited in mature forested systems or just the mature forested component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 3. Revegetation. Though applying to all NWPs where wetland vegetation is temporarily removed, this condition most often applies to NWPs 12, 13, 14, and 33 which require restoration and/or revegetation of the temporarily impacted areas or work areas. This condition does not apply to any NWP authorizations which require a separate mitigation plan. Upon completion of the work authorized by the NWP, the site shall be replanted with the appropriate native upland or wetland vegetation during the first available planting season. Vegetation removal or destruction shall be held to the absolute minimum necessary. The applicant shall take appropriate measures to ensure revegetation success, as defined below. Success is defined as 80% of the planted area being covered with native species five years after construction is completed. If this standard is not equaled or exceeded, remedial measures (e.g., replanting, soil amendments, additional monitoring, etc.) may be required until success is achieved. Measures such as hydroseeding with annual or non-invasive grasses or groundcovers may be used for temporary erosion control. Nationwide Permits / Seattle District / 7 June 2000 4. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 -- Utility Line Activities (substations and access roads) NWP 13 -- Bank Stabilization NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 -- Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue), then south to the centerline of 1-5; then east (northbound lanes) along 1-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along 1-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 5. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), only the following NWPs can be used in those areas designated as "Developable Wetlands": NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 33 -- Temporary Construction, Access and Dewatering NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for any acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Nationwide Permits / Seattle District / 7 June 2000 Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek, (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 6. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times. Work prohibition times: (1) Nesting between January 1 and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office - (360) 753-9440 East of Cascades: Ephrata - (509) 754-8580 or Spokane - (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland - (503) 231-6179 NOTE: If the bald eagle is delisted (6 July 2000 at the earliest), this regional condition will no longer be valid. Nationwide Permits / Seattle District / 7 June 2000 Regional General 401 Conditions State Soil Erosion and Sediment Controls. (a) For in -water construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that will meet the following requirements of the water quality standards (WAC 173-201A-110): (1) All necessary local and State permits have been obtained; (2) Best Management Practices have been implemented; and, (3) Turbidity does not extend beyond the following limits. - (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction; or, (d) A radius of up to 150 feet for projects or activities within or along lakes, ponds, wetlands, estuaries, marine waters or other non - flowing waters. For WDOT in -water construction projects or activities, an individual 401 certification is not required for those projects or activities in compliance with the Ecology approved Implementing Agreement regarding compliance with the State of Washington Surface Water Quality Standards. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201A-110. (b) For upland and wetland construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that meet the applicable turbidity standards in adjacent waterbodies (per WAC 173-201A-030). Nationwide Permits / Seattle District / 7 June 2000 For WDOT projects or activities authorized under NWPs, an individual 401 certification is not required under this condition for projects or activities that are in compliance with the most current applicable WDOT Highway Runoff Manual and the Ecology -approved Temporary Erosion and Sediment Control (TESC) document for project site plans. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. 2. Stormwater Provisions. An individual 401 Certification is not required under this condition for any project or activity authorized under NWPs complying with applicable provisions of: (a) the stormwater-related conditions of an HPA issued for the project or activity; or, (b) the most current Ecology -approved version of the Puget Sound Stormwater Manual, the WDOT Highway Runoff Manual, or any other Ecology -approved local stormwater manual. Compliance may be determined by submitting a letter signed by a professional engineer certifying that the stormwater design meets the applicable manual. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). An individual 401 Certification is required for and project or activity authorized under NWPs that are not in compliance with all applicable requirements of a general or individual NPDES permit. 4. Projects or Activities Discharging to Impaired Waters. An individual 401 Certification is required for projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) if the discharge will result in further exceedances of the 303(d)-listed contaminant or will result in further impairment of the listed reason for impairment of that waterbody, except as described below: (a) For projects or activities that will discharge to a 303(d)-listed waterbody that has an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the discharge is within the limits established in the TMDL. Nationwide Permits / Seattle District / 7 June 2000 (b) For projects and activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the project or activity will not result in further discharges of the listed contaminant or further impairment of the listed reason for impairment. Note: For example, if a waterbody is on the 303(d) list for exceeding the water quality criteria for fecal coliform, applicants must provide documentation showing that the proposed project will not result in further fecal coliform exceedances in that waterbody or individual 401 Certification will be required. When an individual 401 Certification is required for projects or activities that would result in further exceedances or impairment in 303(d)-listed waterbodies, Ecology may issue a 401 Certification 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. 5. Notification. For projects or activities that will require individual 401 Certification, applicants must provide Ecology with the documentation provided to the Corps (as described in Corps National General Condition 13), including, when applicable: (a) Delineation of special aquatic sites, including wetlands. [Note: delineation should also be provided for areas described in local Critical Areas Ordinances, such as riparian zones, locally -significant wetlands, shorelines of statewide significance, etc.] (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures (e.g., proposed stormwater management plan and designs, proposed BMPs, etc.). (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable NWP. Nationwide Permits / Seattle District / 7 June 2000 A request for 401 Certification is not complete until the applicable documents noted above have been provided to Ecology and Ecology has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to Ecology whenever it is required to be submitted to the Corps (as described in Corps National General Condition 14). 7. 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. An individual 401 Certification is required for projects or activities authorized under NWPs that do not receive written approval from Ecology of proposed mitigation plans for the following: (a) Any fill -related impacts to Category I wetlands or other high -quality wetlands including bogs, mature forested wetlands, vernal pools, camas prairie wetlands, playas, and prairie potholes. (b) Any fill -related impacts to tidal waters or to non -tidal wetlands adjacent to tidal waters. (c) Any Corps -required proposed compensatory mitigation plan (as described in Corps National General Condition 13) under NWPs 14, 39, 40, 42, and 43 for any fill -related impacts greater than % acre. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site. (b) Completion and submittal of an "as -built report" upon construction of the mitigation. (c) Completion and submittal of monitoring reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. (d) For projects proposing mitigation at an Ecology -approved mitigation bank, applicants shall provide a copy of the proposed impact and mitigation bank credit determination. Nationwide Permits / Seattle District / 7 June 2000 In addition to the above, WDOT projects and activities authorized under NWPs must comply with applicable provisions of the "Implementing Agreement between the Washington Department of Transportation and the Washington Department of Ecology Concerning Wetlands Protection and Management". 8. Temporary Fills. An individual 401 Certification is required for any project or activity authorized under NWPs that does not receive written approval from Ecology allowing temporary fill to remain in wetlands or other waterbodies for more than 90 days. The 90-day period begins when fill is first placed in the wetland or other waterbody. 9. Designated Critical Resource Waters. An individual 401 Certification is required for any project or activity authorized under NWPs in waterbodies on the most current list of the following Designated Critical Resource Waters (as described in Corps National General Condition 25 on page 101): (a) NOAA-designated marine sanctuaries. (b) National Wild and Scenic Rivers. (c) State natural heritage sites. In addition, an individual 401 Certification is required for any project or activity authorized under NWPs in any aquatic reserve established by WDNR or in any 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. 10. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project or activity authorized under NWPs that includes permanent, above -grade fill within the 100-year floodplain. 11. Standard 401 Certification Requirements. All permittees whose projects or activities receive 401 Certification are subject to the applicable requirements below: (a) Spill prevention and response: When operating equipment in or near wetlands or other waters of the State, extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the wetlands or other waterbodies. If a spill occurs, the operator shall immediately cease work, take steps to contain the material, and notify Ecology's appropriate regional office. Nationwide Permits / Seattle District 17 June 2000 (b) Equipment fueling: Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored to prevent spills into state waters. Fueling is to be done only in areas designed to contain spills and not within 50 feet of wetlands. (c) No wash water discharges: Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall be contained for proper disposal, and shall not be discharged into state waters or storm drains, unless authorized through a separate NPDES permit or state waste discharge permit. (d) Disposal of material: Construction debris and excess excavated or dredged material shall be disposed of at an upland location in a manner to prevent degradation of State waters. (e) Clean fill: Fill material used in projects or activities authorized under NWPs shall not result in exceedances of state water quality standards (WAC 173- 201A), including exceedances of the surface water quality numeric criteria, beyond the approved area of fill. Note: For example, fill material should not contain contaminants or toxic substances that would leach through the material and into wetlands or other surface waters of the state at rates or concentrations that exceed the surface water quality numeric criteria. (f) Identifying construction boundaries: Prior to clearing and grading in wetlands, the adjacent wetlands and waterbodies shall be protected from construction impacts. Construction fencing or flagging (using brightly colored tape at no less than twenty-five foot (25') intervals) of the existing wetlands and other waterbodies to be protected shall be completed prior to clearing. All project staff shall be trained to recognize construction fencing or flagging that identifies wetland boundaries. Equipment shall not be moved into or operated in wetlands or other waterbodies that are not authorized to be impacted. (g) Access: 401 Certification is based on NWP permittees providing access to project and mitigation sites upon request of Ecology personnel for site inspections, monitoring, or data collection to determine compliance with 401 certification conditions. (h) Liability: Any 401 Certification issued for projects or activities authorized under NWPs does not absolve the applicant from liability for contamination occurring as a result of construction or operations and for subsequent cleanup of surface waters or sediments. Nationwide Permits / Seattle District / 7 June 2000 A7J Soil Erosion and Sediment Controls. 401 Certification determination is based on the project or activity meeting established turbidity levels. EPA will be using as guidance, the State water quality standards [WAC 173-201A-110(3)]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require individual 401 Certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented (e.g., properly placed and maintained filter fences, hay bales and/or other erosion control devices, adequate detention of runoff to prevent turbid water from flowing off -site, providing a vegetated buffer between the activity and open water, etc.), and only up to the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; or (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction. 2. Compliance with Stormwater Provisions. 401 Certification of projects and activities authorized under NWP permits will use the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual, or the Washington State Department of Transportation Highway Runoff Manual on highway projects as guidance to meet water quality standards. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). For projects and activities requiring coverage under an NPDES permit, certification is based on compliance with the requirements of that permit: Projects and activities that are not in compliance with NPDES requirements will require individual 401 Certification. 4. Projects or Activities Discharging to Impaired Waters. Projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) require individual 401 Certification if the discharge may result in further exceedances of the 303(d)-listed contaminant or will result in further impairment. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://www.wa.gov/ecology or by contacting Ecology's Federal Permits staff. Nationwide Permits / Seattle District / 7 June 2000 For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedances of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does have an approved TMDL, the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL. EPA may issue 401 Certification determination for projects or activities that would result in further exceedances 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 review. 5. Notification. For projects that will require individual 401 certification determination, applicants must provide EPA with the same documentation provided to the Corps (per Corps National General Condition 13), including when applicable: (a) Delineation of special aquatic sites, including wetlands. (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures. (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable Nationwide Permit. A request for 401 Certification is not complete until the applicable documents noted above have been provided to the certifying agency. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to EPA whenever it is required to be submitted to the Corps (per Corps National General Condition 14). Nationwide Permits / Seattle District / 7 June 2000 7, Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 8. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wetland and other water quality -related impacts of projects and activities authorized under the NWP Program. Compensatory mitigation is required under Corps General Condition 13 for projects and activities authorized under NWPs 14, 39, 40, 42, and 43. 401 Certification is subject to the applicant receiving written approval from EPA of the mitigation plan for projects and activities resulting in any of the following: (a) Any impacts to Category I wetlands; (b) Any impacts to tidal waters or non -tidal waters adjacent to tidal waters (applies to NWP 14); or, (c) Any impacts to wetlands greater than Y4 acre. Compensatory mitigation plans submitted for EPA review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site; (b) Completion and submittal of an "as -built report" upon construction of the mitigation; (c) Completion and submittal of reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. Projects and activities that do not receive written approval of their mitigation plan, or do not meet the conditions stated above, will require an individual 401 Certification. Note: Characterization of wetlands shall be based on field identification and using the "Washington State Wetlands Rating System, Western Washington, Second Edition", dated August 1993 (Publication 93-74) and "Washington State Wetlands Rating System, Eastern Washington", dated October 1991 (Publication 91-58) as guidance. Copies are available through Ecology's Publications Office at (360) 407-6000.) Nationwide Permits / Seattle District / 7 June 2000 9. Management of Water Flows. 401 Certification of projects and activities authorized under NWP permits is based on guidance and/or compliance with the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual. Projects and activities not meeting the applicable provisions will require individual 401 Certification. 10. 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. 11. Designated Critical Resource Waters. An individual 401 Certification is required for any proposed project or activity in waterbodies on the most current list of the Designated Critical Resource Waters per Corps National General Condition 25. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, and outstanding national resource waters or other waters officially designated by a Tribe 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. 12. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project that would increase permanent, above -grade fill within the 100-year floodplain (including the floodway and the flood fringe). The 100-year floodplain is defined as those areas identified as Zones A, Al-30, AE, AH, AO, A99, V, V1-30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval, or as the flood with an exceedance probability of 0.01. CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 2001-00827 Name of Permittee: City of Renton Date of Issuance: NOV 16 2001 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers' representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above referenced permit has been completed in accordance with the terms and conditions of your permit. The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee 11 February 1997 CLM7; B:CERTCOMP.97 WK 13T Op d� a4 �x y i Pa ij,O fit. • SLAT" 01 • • Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 City of Renton Wastewater Utility ATTN: Mr. Michael Benoit 5th Floor 1055 South Grady Way Renton, Washington 98055 Ladies and Gentlemen: 16 2001 RECEIVED NOV 19 2001 CITY OF RENTON UTILITY SYSTEMS Reference: 2001-4-00827 Renton, City of This letter is in response to your application requesting a Department of the Army authorization to place rock for bank protection in North Fork Rolling Hills Creek at Renton, Washington. The proposed project will prevent erosion to a sewer line access road. The regulations which govern our permit program contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 13 and NWP 33 (Federal Register, December 13, 1996, Vol. 61, No. 241 and/or March 9, 2000, Vol. 65, No. 47) authorize "Bank Stabilization" and "Temporary Construction, Access and Dewatering", respectively. The entire text of NWP 13 and NWP 33 including their specific regional conditions is enclosed. The NWP 13 and NWP 33 authorize the above -described proposed project. The work must be performed as depicted on the enclosed drawings and in accordance with the enclosed general conditions in order to remain authorized by the nationwide permit. Endangered Species Act Compliance: One of those specific conditions that applies to all NWPs is General Condition 11, which deals with the Endangered Species Act (ESA). In this case, all the requirements of the ESA have been met, and you are in full compliance with General Condition 11. National Historic Preservation Act Compliance: I have completed the necessary review and coordination under Section 106 of the National Historic Preservation Act. The State of Washington has partially denied 401 Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response under certain conditions. You need to check with the Washington State Department of Ecology I" (State) to determine any further 401 WQC and CZM requirements. Please telephone or send your plans to the following address prior to starting work: Washington State Department of Ecology Northwest Regional Office 3190 — 160th Avenue, SE Bellevue, Washington 98008-5452 Telephone (425) 649-7145 You must send us a copy of the individual 401 WQC and CZM Consistency Response authorizations for our file. In order for this NWP to be valid, you must comply with any conditions the State includes in their 401 WQC and CZM Consistency Response. You may then proceed to construction. If more than 180 days pass and the State has not responded to your individual 401 WQC and CZM Consistency Response request, the 401 WQC and CZM Consistency Response become waived. To confirm this, you must send us a copy of only your 401 WQC application and then receive a letter from the U.S. Army Corps of Engineers before proceeding with your proposed work. This NWP verification will be valid until February 11, 2002. Our regulations state that if your project is under construction, or under contract to construct, before the expiration date, then the NWP authorization will remain in effect for 12 additional months. If you are not under contract, you must contact this office to determine permit requirements. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply with other Federal, State, and local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed compliance statement. If you have any questions, please contact me at telephone (206) 764-6905. Enclosures Sincerely, �1J'dw Joseph W. Brock, Project Manager Enforcement Section F q-i Arai i,.H in, rnnr nr OF ORIGINAL ORDINARY HIGH WATER MARK +It + TO L^IJ I. J 11\LP%IYI U/1171\ DO NOT DISTURB ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK 0 10 20 1 " = 10' Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD DETAIL b+ 75 NOTES: ..N EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE 1 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 In: North Fork Rolling Hills Creek At: Renton County: King State: WA Page '- of I ROADWAY RESURFACE PER STANDARD DETAIL EXIST. ROCKERY, REMOVE ROCK Q0 AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS I OR STREAM BOTTOM NEW CB AND DRAIN I PIPE. SEE PLAN--,,, 7 S A 8 T S+2 A + 50 1'.0,'ffAw wfffw,,i yoff'. 1: low r�&wqo__ REMOVE & DISPOSE OF TWIN 36" 0 RCP CULVERTS 1 INSTALL FINE MESH JUTE MATTING, — FROM TOP OF BANK TO STREAM HIGH WATER FLOWLINE, 3 LOCATIONS PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD FROM ON —SITE STOCKS, SEE STANDARD DETAIL NOTES: �J ORDINARY HIGFfi r WATER MARK ANEW BOULDER WEIRS (SPACED 15' APART) AND "KEY" INTO \ BANK. DOWNSTREAM WEIR TO HAVE BURIED BED c': CONTROL ROCKS. NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORTS, MATCH WITH EXIST GROUND, TYP SEE STANDARD DETAIL IF THERE ARE NOT SUFFICIENT ON —SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 0 10 20 September 14, 2001 1" = 10' Reference: 2001-4-00827 In: North Fork Rolling Hills Creek Appl. By: City of Renton At: Renton County: King Proposed: bank stabilization State: WA Piirnnca- nravant arracc rnari arncinn Pano - of C .12 ROADWAY RESURFACE 1 tV 0 INSTALL NEW 3'�� HIGH ROCKERY TOE OF BANK. REMOVE\\ A\AISR0 /DTOF EXIST.\4 ECULVEK i�I NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORT MATCH WITH --",Z EXISTING GROUND, TYP p+2 - 5' N IN. _ — —10 \\\\\\\\\\\ 15' MIN NOTES: INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. INSTALL ROCKERY PER STANDARD DETAIL FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ORDINARY HIGH WATER MARK L\ A \ \ INSTALL NEW 3' HIGH ROCKERY ® TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS FIGURE 3 THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE 0 10 20 September 14, 2001 1 = 10 Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Creek At: Renton County: King State: WA Page `/ of 4 EDGE OF EXIST ACCESS ROAD CLEANOUT IN MH LID - , REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/O EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION 4 4 00- i f r 7� ROAD WASHOUT REPAIR STREAM BANK STABILIZATION 0 10 20 September 14, 2001 1 �� = 10, Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills Creek At: Renton County: King State: WA Paae 5 of C-- 16 / 0 / ca DGE EXIST. / ACCESS ROAD T /--—————— — — ---- — / / STA 15+60 INSTALL \ NEW BOULDER WEIR / \ TYPICAL \ \\\\ \\\\\\\\ INSTALLL NEW 15 FT. LONG/ x 4 FT. WIDE}�DhA1RRX PF1GM \ WALKWAY BRIDGE, \WATER\MARK \ \ MACH W/ GROUND EMOVE AND DISPO \ \ \ \ \ \TYPICA� \ \ \ \ BOTH SIDES. EXISTING 48" 0. CMP / CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH C/) / Z AND LOCATION PRIOR TO NEW / Q CONSTRUCTION NOTES: INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK FIGURE 4 THUNDERHILL ACCESS ROAD REPAIR STATION 16+00 CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE 0 10 20 September 14, 2001 1 " = 10' Reference: 2001-4-00827 Appl. By: City of Renton Proposed: bank stabilization Purpose: prevent access road erosion In: North Fork Rolling Hills GreeK At: Renton County: King State: WA Page 6 of NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 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, or for other construction activities not subject to the Corps or U.S. Coast Guard regulations. Appropriate measures must be taken to maintain near normal downstream flows and to minimize flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The use of dredged material may be allowed if it is determined by the District Engineer that it will not cause more than minimal adverse effects on aquatic resources. Temporary fill must be entirely removed to upland areas, or dredged material returned to its original location, following completion of the construction activity, and the affected areas must be restored to the pre -project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). The permittee must notify the District Engineer in accordance with the "Notification" general condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where necessary, to ensure that adverse environmental effects are minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g., construction mats in wetlands where practicable.). (Sections 10 and 404) g, Notification Requirement -Yes, in all instances. See Nat �C �n 1 ` ; Conditions 13(b) Notification and 25(b) - Designated Critics!" a� Waters, for specificreci�itments. Regional Conditions - 1. The discharge is not authorized in documented habitat for State - listed endangered, threatened, or sensitive animal species. 2. Temporary fills may be in place for up to six months only, unless the applicant requests and receives approval for an extension from the District Engineer. Additional timing adjustments may be included to lessen impacts during critical times for migratory species. 1 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 3. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 4. This NWP is prohibited from use in playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. An individual permit application must be submitted for proposed work in these areas. EPA and State 401 Certification — Partially denied without prejudice. An individual 401 Certification is required for projects authorized under this NWP if required by any EPA or State Regional General 401 Condition and that: Impair surface water flow into or out of a wetland; or, 2. Affect more than 113 (one-third) acre of waters of the U.S. Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. CZM Consistency Response — Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. 2 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 13. Bank Stabilization. Bank stabilization activities necessary for erosion prevention provided the activity meets all of the following criteria: a. No material is placed in excess of the minimum needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line; d. No material is placed in any special aquatic site, including wetlands; e. No material is of the type, or is placed in any location, or in any manner, so as to impair surface water flow into or out of any wetland area; No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g. The activity is part of a single and complete project. Bank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per running foot may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" general condition and the District Engineer determines the activity complies with the other terms and conditions of the NWP and the adverse environmental effects are minimal both individually and cumulatively. This NWP may not be used for the channelization of a water of the United States. (Sections 10 and 404) Notification 'Requirement — Yes, if project is greater than 500 fleet in length, if the fill exceeds 112 cubic yard per running foot, if the project includes upright structures, or if the work is proposed in a designated critical resource water. See National General Conditions 13 — Notification and 25(b) — Designated Critical Resource Waters, for specific requirements. NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Regional Conditions — The following bank stabilization activities may be authorized if the permittee notifies the District Engineer in accordance with the "Notification" general condition and the adverse impacts are determined to be minimal. - a) Activities exceeding 112 cubic yard per running foot of fill material; or, b) Proposed projects using any upright structures (e.g., retaining walls, concrete, or timber bulkheads, etc.). 2. Alteration or disturbance of existing bank vegetation shall be held to a minimum, and revegetation shall occur in areas where vegetation was destroyed by riprap placement or project construction. Measures such as hydroseeding with annual, or non-invasive grasses may be used for temporary erosion control. 3. The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur in waters of the United States and why avoidance or additional minimization cannot be achieved. 4. The construction of new or additional bank protection or the repair or replacement of existing permitted bank protection will incorporate the least environmentally damaging practicable methods. These methods would include the use of bioengineering, biotechnical design, root wads, large woody debris, plantings, etc. EPA 401 Certification — Partially denied without prejudice. All projects receiving coverage under this NWP are subject to the following conditions and those in the EPA Regional General 401 Conditions: An individual 401 Certification is required for projects over 250 feet long or exceeding an average of 112 cubic yard of material per running foot. 2. The linear distance may be increased to a total project length of 500 feet long if bioengineering, approved by the U.S. Fish and NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Wildlife Service and/or National Marine Fisheries Service, is incorporated into the bank stabilization project. 3. The 112 cubic yard limitation can be increased to incorporate the placement of fish enhancement structures into the bank stabilization project (i.e. rock barbs). This work shall be approved by the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. 4. An individual 401 Certification is required for all upright (vertical or near vertical) bank stabilization structures (i.e. poured concrete, concrete block and rock gabion retaining walls, timber bulkheads). Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. State 401 Certification — Partially denied without prejudice. An individual 401 Certification is required for projects authorized under this NWP if required by any State Regional General 401 Condition and for the following: Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g., soil bioengineering, biotechnical design, rock barbs, etc.) as approved by WDFW,• 2. Proposed projects using any upright structures (e.g., retaining walls, concrete or timber bulkheads, etc.); or, 3. Projects that are greater than 500 feet in length. For proof of consistency with State 401 Certification Condition 1 above, the applicant may provide a copy of the Hydraulic Project Approval issued for the project, or a letter from WDFW stating that the project design meets WDFW approval for incorporating structures and/or modifications beneficial for fish or wildlife habitat. CZM Consistency Response — Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. Nationwide Permits / Seattle District / 7 June 2000 CONDITIONS FOR NATIONWIDE PERMITS National Conditions. The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. 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. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely 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). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. Nationwide Permits / Seattle District / 7 June 2000 9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification (either generically or individually) does not require or approve a water quality management plan, the permittee must include design criteria and techniques that will ensure that the authorized work does not result in more than minimal degradation of water quality. An important component of a water quality management plan includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality. Refer to General Condition 21 for stormwater management requirements. Another important component of a water quality management plan is the establishment and maintenance of vegetated buffers next to open waters, including streams. Refer to General Condition 19 for vegetated buffer requirements for the NWPs. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such species. 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 is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the 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. 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. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, Nationwide Permits / Seattle District / 7 June 2000 etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.gov/prot_res/esahome.html, respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can request the 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 notified in writing by the District or Division Engineer that an individual permit is required; or Nationwide Permits / Seattle District / 7 June 2000 (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address, and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed. (6) For NWP 14, Linear Transportation Crossings, the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement describing how temporary losses of waters of the United States will be minimized to the maximum extent practicable. (7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan. (8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation of the prior condition of the site that will be reverted by the permittee. (9) For NWP 29, Single -Family Housing, the PCN must also include: Nationwide Permits / Seattle District / 7 June 2000 (i) Any past use of this NWP by the individual permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring '/4 acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than '/4 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the - entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites, including wetlands; and, (iii) Location of the dredged material disposal site. (11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. (12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization of losses of waters of the United States were achieved on the project site. Nationwide Permits / Seattle District / 7 June 2000 (13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP 42, Recreational Facilities, the PCN must include a compensatory mitigation proposal that offsets unavoidable losses of waters of the United States or justification explaining why compensatory mitigation should not be required. (14) For NWP 40, Agricultural Activities, the PCN must include a compensatory mitigation proposal to offset losses of waters of the United States. (15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with State and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the United States. (16) For NWP 44, Mining Activities, the PCN must include a description of all waters of the United States adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the United States, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities). (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, 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. (19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved local floodplain maps), the notification must include documentation demonstrating that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements. Nationwide Permits / Seattle District / 7 June 2000 (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be used. (d) 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. The prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the process and 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. 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, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. 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 days of receiving a complete PCN and determine whether the conceptual or specific 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 stating that the project can proceed under the terms and conditions of the nationwide permit. If the District Engineer determines that the adverse effects of the proposed work are more than minimal, then he 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 proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or Nationwide Permits / Seattle District / 7 June 2000 (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the United States will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than '/2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 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 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 notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson - Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. Nationwide Permits / Seattle District / 7 June 2000 (f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than'/4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received a Nationwide permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. 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. 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). Nationwide Permits / Seattle District / 7 June 2000 19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in exceptional circumstances. (b) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed; (c) The District Engineer will require restoration, creation, enhancement, or preservation of other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or near streams or other open waters is the establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The District Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address documented water quality concerns. If there are open waters on the project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 39, '/4 acre of wetlands cannot be created to change a '/2 acre loss of wetlands to a '/a acre loss; however, '/2 acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of wetlands). If Nationwide Permits / Seattle District / 7 June 2000 the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. (d) To the extent appropriate, permittees should consider mitigation banking and other appropriate forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District Engineer determines that activity -specific compensatory mitigation is more appropriate, based on which is best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the aquatic environment are minimal. 20. Spawning_ Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and must not increase water flows from the project site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. Nationwide Permits / Seattle District / 7 June 2000 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, 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) Except as noted below, 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, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance with this condition. (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 13, 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 he determines that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100- year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the Nationwide Permits / Seattle District / 7 June 2000 prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above -grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. (b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is five cubic feet per second). (1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must include documentation that such discharges comply with FEMA or FEMA-approved local floodplain construction requirements. (2) Floodway. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the floodway of the 100-year floodplain of headwaters are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA- approved local floodplain construction requirements. Section 10 Only Condition Removal, Relocation or Other Alteration to Structures. The permitee understands and agrees that, if future operations by the United States requires 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. Special Condition Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Nationwide Permits / Seattle District / 7 June 2000 Corps Regional General Conditions Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in bog and bog -like wetlands or just the bog or bog -like component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Mature Forested Wetlands. The use of NWPs is specifically prohibited in mature forested systems or just the mature forested component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 3. Revegetation. Though applying to all NWPs where wetland vegetation is temporarily removed, this condition most often applies to NWPs 12, 13, 14, and 33 which require restoration and/or revegetation of the temporarily impacted areas or work areas. This condition does not apply to any NWP authorizations which require a separate mitigation plan. Upon completion of the work authorized by the NWP, the site shall be replanted with the appropriate native upland or wetland vegetation during the first available planting season. Vegetation removal or destruction shall be held to the absolute minimum necessary. The applicant shall take appropriate measures to ensure revegetation success, as defined below. Success is defined as 80% of the planted area being covered with native species five years after construction is completed. If this standard is not equaled or exceeded, remedial measures (e.g., replanting, soil amendments, additional monitoring, etc.) may be required until success is achieved. Measures such as hydroseeding with annual or non-invasive grasses or groundcovers may be used for temporary erosion control. Nationwide Permits / Seattle District / 7 June 2000 4. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 -- Utility Line Activities (substations and access roads) NWP 13 -- Bank Stabilization NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 -- Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue), then south to the centerline of 1-5; then east (northbound lanes) along 1-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along 1-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 5. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), only the following NWPs can be used in those areas designated as "Developable Wetlands".- NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 33 -- Temporary Construction, Access and Dewatering NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for pny acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Nationwide Permits / Seattle District / 7 June 2000 Mitigation requirements for these projects must either be onsite or within the areas designated as Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek, (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 6. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times. Work prohibition times: (1) Nesting between January 1 and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project. - West of Cascades: Olympia Office - (360) 753-9440 East of Cascades: Ephrata - (509) 754-8580 or Spokane - (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland - (503) 231-6179 NOTE: If the bald eagle is delisted (6 July 2000 at the earliest), this regional condition will no longer be valid. Nationwide Permits / Seattle District / 7 June 2000 Regional General 401 Conditions State Soil Erosion and Sediment Controls. (a) For in -water construction activities. An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that will meet the following requirements of the water quality standards (WAC 173-201A-110): (1) All necessary local and State permits have been obtained; (2) Best Management Practices have been implemented; and, (3) Turbidity does not extend beyond the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction; or, (d) A radius of up to 150 feet for projects or activities within or along lakes, ponds, wetlands, estuaries, marine waters or other non - flowing waters. For WDOT in -water construction projects or activities, an individual 401 certification is not required for those projects or activities in compliance with the Ecology approved Implementing Agreement regarding compliance with the State of Washington Surface Water Quality Standards. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. (b) For upland and wetland construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that meet the applicable turbidity standards in adjacent waterbodies (per WAC 173-201A-030). Nationwide Permits / Seattle District / 7 June 2000 For WDOT projects or activities authorized under NWPs, an individual 401 certification is not required under this condition for projects or activities that are in compliance with the most current applicable WDOT Highway Runoff Manual and the Ecology -approved Temporary Erosion and Sediment Control (TESC) document for project site plans. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. 2. Stormwater Provisions. An individual 401 Certification is not required under this condition for any project or activity authorized under NWPs complying with applicable provisions of: (a) the stormwater-related conditions of an HPA issued for the project or activity; or, (b) the most current Ecology -approved version of the Puget Sound Stormwater Manual, the WDOT Highway Runoff Manual, or any other Ecology -approved local stormwater manual. Compliance may be determined by submitting a letter signed by a professional engineer certifying that the stormwater design meets the applicable manual. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). An individual 401 Certification is required for and project or activity authorized under NWPs that are not in compliance with all applicable requirements of a general or individual NPDES permit. 4. Projects or Activities Discharging to Impaired Waters. An individual 401 Certification is required for projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) if the discharge will result in further exceedances of the 303(d)-listed contaminant or will result in further impairment of the listed reason for impairment of that waterbody, except as described below: (a) For projects or activities that will discharge to a 303(d)-listed waterbody that has an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the discharge is within the limits established in the TMDL. Nationwide Permits / Seattle District / 7 June 2000 (b) For projects and activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the project or activity will not result in further discharges of the listed contaminant or further impairment of the listed reason for impairment. Note: For example, if a waterbody is on the 303(d) list for exceeding the water quality criteria for fecal coliform, applicants must provide documentation showing that the proposed project will not result in further fecal coliform exceedances in that waterbody or individual 401 Certification will be required. When an individual 401 Certification is required for projects or activities that would result in further exceedances or impairment in 303(d)-listed waterbodies, Ecology may issue a 401 Certification 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. 5. Notification. For projects or activities that will require individual 401 Certification, applicants must provide Ecology with the documentation provided to the Corps (as described in Corps National General Condition 13), including, when applicable: (a) Delineation of special aquatic sites, including wetlands. [Note: delineation should also be provided for areas described in local Critical Areas Ordinances, such as riparian zones, locally -significant wetlands, shorelines of statewide significance, etc.] (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures (e.g., proposed stormwater management plan and designs, proposed BMPs, etc.). (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable NWP. Nationwide Permits / Seattle District / 7 June 2000 A request for 401 Certification is not complete until the applicable documents noted above have been provided to Ecology and Ecology has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to Ecology whenever it is required to be submitted to the Corps (as described in Corps National General Condition 14). 7. 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. An individual 401 Certification is required for projects or activities authorized under NWPs that do not receive written approval from Ecology of proposed mitigation plans for the following: (a) Any fill -related impacts to Category I wetlands or other high -quality wetlands including bogs, mature forested wetlands, vernal pools, camas prairie wetlands, playas, and prairie potholes. (b) Any fill -related impacts to tidal waters or to non -tidal wetlands adjacent to tidal waters. (c) Any Corps -required proposed compensatory mitigation plan (as described in Corps National General Condition 13) under NWPs 14, 39, 40, 42, and 43 for any fill -related impacts greater than '/4 acre. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site. (b) Completion and submittal of an "as -built report" upon construction of the mitigation. (c) Completion and submittal of monitoring reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. (d) For projects proposing mitigation at an Ecology -approved mitigation bank, applicants shall provide a copy of the proposed impact and mitigation bank credit determination. Nationwide Permits / Seattle District / 7 June 2000 In addition to the above, WDOT projects and activities authorized under NWPs must comply with applicable provisions of the "Implementing Agreement between the Washington Department of Transportation and the Washington Department of Ecology Concerning Wetlands Protection and Management". 8. Temporary Fills. An individual 401 Certification is required for any project or activity authorized under NWPs that does not receive written approval from Ecology allowing temporary fill to remain in wetlands or other waterbodies for more than 90 days. The 90-day period begins when fill is first placed in the wetland or other waterbody. 9. Designated Critical Resource Waters. An individual 401 Certification is required for any project or activity authorized under NWPs in waterbodies on the most current list of the following Designated Critical Resource Waters (as described in Corps National General Condition 25 on page 101): (a) NOAA-designated marine sanctuaries. (b) National Wild and Scenic Rivers. (c) State natural heritage sites. In addition, an individual 401 Certification is required for any project or activity authorized under NWPs in any aquatic reserve established by WDNR or in any 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. 10. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project or activity authorized under NWPs that includes permanent, above -grade fill within the 100-year floodplain. 11. Standard 401 Certification Requirements. All permittees whose projects or activities receive 401 Certification are subject to the applicable requirements below: (a) Spill prevention and response: When operating equipment in or near wetlands or other waters of the State, extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the wetlands or other waterbodies. If a spill occurs, the operator shall immediately cease work, take steps to contain the material, and notify Ecology's appropriate regional office. Nationwide Permits / Seattle District 17 June 2000 (b) Equipment fueling: Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored to prevent spills into state waters. Fueling is to be done only in areas designed to contain spills and not within 50 feet of wetlands. (c) No wash water discharges: Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall be contained for proper disposal, and shall not be discharged into state waters or storm drains, unless authorized through a separate NPDES permit or state waste discharge permit. (d) Disposal of material: Construction debris and excess excavated or dredged material shall be disposed of at an upland location in a manner to prevent degradation of State waters. (e) Clean fill: Fill material used in projects or activities authorized under NWPs shall not result in exceedances of state water quality standards (WAC 173- 201A), including exceedances of the surface water quality numeric criteria, beyond the approved area of fill. Note: For example, fill material should not contain contaminants or toxic substances that would leach through the material and into wetlands or other surface waters of the state at rates or concentrations that exceed the surface water quality numeric criteria. (f) Identifying construction boundaries: Prior to clearing and grading in wetlands, the adjacent wetlands and waterbodies shall be protected from construction impacts. Construction fencing or flagging (using brightly colored tape at no less than twenty-five foot (25') intervals) of the existing wetlands and other waterbodies to be protected shall be completed prior to clearing. All project staff shall be trained to recognize construction fencing or flagging that identifies wetland boundaries. Equipment shall not be moved into or operated in wetlands or other waterbodies that are not authorized to be impacted. (g) Access: 401 Certification is based on NWP permittees providing access to project and mitigation sites upon request of Ecology personnel for site inspections, monitoring, or data collection to determine compliance with 401 certification conditions. (h) Liability: Any 401 Certification issued for projects or activities authorized under NWPs does not absolve the applicant from liability for contamination occurring as a result of construction or operations and for subsequent cleanup of surface waters or sediments. Nationwide Permits / Seattle District / 7 June 2000 EPA Soil Erosion and Sediment Controls. 401 Certification determination is based on the project or activity meeting established turbidity levels. EPA will be using as guidance, the State water quality standards [WAC 173-201A-110(3)]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require individual 401 Certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented (e.g., properly placed and maintained filter fences, hay bales and/or other erosion control devices, adequate detention of runoff to prevent turbid water from flowing off -site, providing a vegetated buffer between the activity and open water, etc.), and only up to the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; or (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction. 2. Compliance with Stormwater Provisions. 401 Certification of projects and activities authorized under NWP permits will use the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual, or the Washington State Department of Transportation Highway Runoff Manual on highway projects as guidance to meet water quality standards. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). For projects and activities requiring coverage under an NPDES permit, certification is based on compliance with the requirements of that permit: Projects and activities that are not in compliance with NPDES requirements will require individual 401 Certification. 4. Projects or Activities Discharging to Impaired Waters. Projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) require individual 401 Certification if the discharge may result in further exceedances of the 303(d)-listed contaminant or will result in further impairment. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://www.wa.gov/ecology or by contacting Ecology's Federal Permits staff. Nationwide Permits / Seattle District / 7 June 2000 For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedances of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does have an approved TMDL, the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL. EPA may issue 401 Certification determination for projects or activities that would result in further exceedances 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 review. 5. Notification. For projects that will require individual 401 certification determination, applicants must provide EPA with the same documentation provided to the Corps (per Corps National General Condition 13), including when applicable: (a) Delineation of special aquatic sites, including wetlands. (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures. (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable Nationwide Permit. A request for 401 Certification is not complete until the applicable documents noted above have been provided to the certifying agency. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to EPA whenever it is required to be submitted to the Corps (per Corps National General Condition 14). Nationwide Permits / Seattle District / 7 June 2000 7. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 8. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wetland and other water quality -related impacts of projects and activities authorized under the NWP Program. Compensatory mitigation is required under Corps General Condition 13 for projects and activities authorized under NWPs 14, 39, 40, 42, and 43. 401 Certification is subject to the applicant receiving written approval from EPA of the mitigation plan for projects and activities resulting in any of the following. - (a) Any impacts to Category I wetlands; (b) Any impacts to tidal waters or non -tidal waters adjacent to tidal waters (applies to NWP 14); or, (c) Any impacts to wetlands greater than '/4 acre. Compensatory mitigation plans submitted for EPA review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site; (b) Completion and submittal of an "as -built report" upon construction of the mitigation; (c) Completion and submittal of reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. Projects and activities that do not receive written approval of their mitigation plan, or do not meet the conditions stated above, will require an individual 401 Certification. Note: Characterization of wetlands shall be based on field identification and using the "Washington State Wetlands Rating System, Western Washington, Second Edition", dated August 1993 (Publication 93-74) and "Washington State Wetlands Rating System, Eastern Washington", dated October 1991 (Publication 91-58) as guidance. Copies are available through Ecology's Publications Office at (360) 407-6000.) Nationwide Permits / Seattle District / 7 June 2000 9. Management of Water Flows. 401 Certification of projects and activities authorized under NWP permits is based on guidance and/or compliance with the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual. Projects and activities not meeting the applicable provisions will require individual 401 Certification. 10. 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. 11. Designated Critical Resource Waters. An individual 401 Certification is required for any proposed project or activity in waterbodies on the most current list of the Designated Critical Resource Waters per Corps National General Condition 25. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, and outstanding national resource waters or other waters officially designated by a Tribe 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. 12. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project that would increase permanent, above -grade fill within the 100-year floodplain (including the floodway and the flood fringe). The 100-year floodplain is defined as those areas identified as Zones A, Al-30, AE, AH, AO, A99, V, V1-30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval, or as the flood with an exceedance probability of 0.01. CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 2001-00827 Name of Permittee: City of Renton Date of Issuance: NOV 16 2001 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers' representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. The work authorized by the above referenced permit has been completed in accordance with the terms and conditions of your permit. The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee 11 February 1997 CLM7; B:CERTCOMP.97 OF wo A D O L F S O N En,wronmen-tal So(uLion,,- July 28, 2000 Michael A. Benoit City of Renton Utility Systems Division 1055 South Grady Way Renton, WA 98055 SUBJECT: THUNDER HILL ACCESS ROAD REPAIR PROJECT BIOLOGICALREVIEW Dear Mike.- Adolfson Associates, Inc. (Adolfson) has prepared this Biological Evaluation (BE) to facilitate discussion of the proposed Thunder Hill Access Road Repair project, related to potential effects on species listed or proposed to be listed under the Endangered Species Act (ESA). A field review of the project was conducted by a biologist and planner from Adolfson in July 2000. This letter report includes an analysis of the potential impacts of the proposed project on species that are federally listed as endangered or threatened under the ESA and which may occur in the project area or be affected by the proposed action. You have indicated that there is currently no federal nexus for this project. Lacking a federal nexus, the proposed project does not appear to require the completion of a Biological Assessment (BA) as required under section 7(c) of the ESA. Should a BA be necessary, this BE will facilitate future coordination with federal and state agencies pertaining to ESA issues, but would not meet all regulatory requirements of the BA process. The project area is located within the range of the Puget Sound Evolutionary Significant Unit (ESU) Chinook salmon (Oncorhynchus tshawytscha), listed as threatened under the ESA. Coho salmon (Oncorhynchus kisutch) also occur in the vicinity of the project area and are a candidate species under the ESA. Chinook and coho salmon and other anadromous fish are under the jurisdiction of the National Marine Fisheries Service (NMFS) which regulates marine fish and wildlife species (USNMFS, 2000). The U.S. Fish and Wildlife Service (USFWS) regulates terrestrial wildlife and inland fish species. The USFWS has informed us that the bull trout (Salvelinus confluentus) is the only listed, proposed or candidate species under their jurisdiction in the project area (USFWS, 2000; Attached). The following table summarizes the species listed under the ESA that are addressed in this report. Common Name Scientific Name ESA Status Jurisdiction Coastal/Puget Sound Bull Trout Salvelinus confluentus Threatened USFWS Puget Sound ESU Chinook Salmon Oncorhynchus tsawytscha Threatened NMFS Puget Sound/Strait of Georgia ESU Coho Salmon Oncorhynchus kisutch Candidate NMFS ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 fed 206 789 9658 I-V 206 789 9684 ado son�ado orv�om Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 2 HABITAT DESCRIPTION AND ENVIRONMENTAL BASELINE The project area is located within the City of Renton, Washington. The project site is in a developed urban area surrounded by multi -family housing. The proposed construction site is located along a creek known locally as Thunder Hill or the north fork of Rolling Hill. The unpaved road paralleling the creek is located along the existing Thunder Hill Sanitary Sewer Interceptor. City of Renton staff uses the road to access culverts and sewer facilities along the creek. This creek is not named or classified on USGS topographic maps. The project is located approximately 3 miles from the shoreline of Lake Washington and over 6 miles from Puget Sound. The project area is within the Duwamish/Green River drainage basin. Thunder Hill Creek is culverted above the project area, flows free for approximately 0.5 miles through the project area, then flows through culverts and flumes for approximately 2 miles before draining into the Panther Creek Wetlands (See Figure 1). The wetlands drain into Springbrook Creek, which drains to the Black River and then to Puget Sound via the Green/Duwamish Rivers. In its open section, Thunder Hill Creek is very shallow with a steep gradient. The creek bottom is dominated by gravel and cobble and it is very clean (See Photo 1). During the site visit on July 14, 2000, water was flowing in the creek, but the flow was only 2-3 inches in depth. The stream experiences much higher flows during the wet season as evidenced by water marks and storm damage to the adjacent road. The creek is surrounded by a healthy riparian area consisting of alder, maple, and some cedars in the tree layer; and Indian plum, swordfern, Robert's geranium, salmonberry, thimbleberry, Pacific willow and reed canary grass in the shrub/herb layers (See Photo 2). There are some blackberries, but they are not dominant. The streambank is eroded where storm damage occurred and the stream cut into the access road. There is some existing rock gabion riprap along the east bank of the creek (See Photo 3). The creek and riparian area appear to be a popular recreational area for residents of the adjacent apartments. Trails from the apartments have eroded into the hillslopes beside the creek (See Photo 4). These trails approach culverts that are apparently used as pedestrian bridges across the creek. PROPOSED ACTION The Thunder Hill Access Road Repair Project consists of repairs to a utility access road that parallels a section of Thunder Hill Creek (See Photo 5). The road has been damaged in the past by storms. The proposed project involves repairing the damaged portions and resurfacing the existing road with rock (shoulder ballast). New boulder weirs will be installed in the washout areas. Short segments of road will be raised with fill. The creek is crossed by several pipelines, and stormwater pipes drain into the creek (See Photo 6). Three culverts in the stream are to be removed. In all three locations pipes cross over and use the culverts for support. As noted, these pipelines are used by local residents as pedestrian bridges to cross the creek. After the culverts are removed, utility walkway pedestrian bridges will be installed. The primary purpose of these bridges is to support the pipelines, but they will also provide pedestrian access. "U" shaped rock weirs will be installed in the creek at the bridge locations. A high rockery wall will be installed on both sides of a short section of the stream where a culvert is being removed and utility structures can't be supported by the sloping banks. The project will require the use of heavy construction equipment along the creek. The surrounding neighborhood will experience increased truck traffic. The creek will be temporarily diverted during construction. Areas disturbed during construction will be restored to existing conditions upon completion. The banks will be stabilized with coir fabric and replanted with native vegetation. The project design has been reviewed by WDFW Area Habitat Biologist, Philip Schneider. His recommendations have been incorporated into the final design. Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 3 ANTICIPATED PROJECT IMPACTS Erosion and stormwater runoff could result from project construction. Filter fabric fences will be constructed according to City standards. A Temporary Erosion and Sedimentation Control (TESC) plan meeting City standards will be required. Construction work will take place during the low flow period of July 15 to September 15. Because the construction activity will occur along an access road that is closed to the public, the project is unlikely to disrupt traffic in the neighborhood. Increased truck traffic during construction hours may have limited impacts on the neighborhood. Heavy construction equipment and increased truck traffic in the area will generate additional noise. Construction will take place only between the hours of 8 a.m. and 5 p.m. to minimize noise impacts to the neighborhood. These impacts will cease when the project is complete. LISTED AND CANDIDATE SPECIES WITHIIN THE PROJECT VICINITY Threatened Species Coastal/Puaet Sound Bull Trout There are two life history forms among bull trout: a resident form and a migratory form. The individuals of the migratory form may be stream dwelling (fluvial), lake -dwelling (adfluvial), or ocean -or estuarine - dwelling (anadromous) (USFWS, 1998). Most migratory coastal bull trout are anadromous, migrating to the ocean in the spring and returning in the late summer and early fall (Wydoski and Whitney, 1979). Bull trout are most commonly associated with pristine or only slightly disturbed basins and spawn in streams with clean gravel substrates and cold (less than 490 F) water temperatures. Bull trout are not known to occur as residents in the Duwamish/Green River system. There have been reports of native char in the basin; however, extensive surveys in the upper watershed above Howard Hanson Dam have not identified a resident population in this relatively undisturbed watershed (WDFW 1998). Warner and Fritz (1995) reported the capture of one bull trout adult in the lower estuary downstream of the City during their seine surveys in the Duwamish/Green River estuary and confirmed the identification of the fish by genetic testing. It is not known whether this individual fish was an anadromous or fluvial fish from the Duwamish/Green system or an opportunist from another basin feeding on outmigrating fish in the lower river (Warner and Fritz 1995). There is no documented evidence of bull trout in Thunder Hill Creek. Because the creek is culverted for long stretches above and below the project area, it is unlikely to be suitable habitat for bull trout. Puget Sound ESU Chinook Salmon Chinook salmon are anadromous. They require varied habitats during different phases of their life. Chinook typically spawn in the mainstem of larger rivers and tributaries. Juvenile chinook rear in the lower mainstem of rivers before entering the estuary. Chinook generally migrate to salt water in the summer and fall and spend from two to four years rearing in Puget Sound and/or the North Pacific before returning to spawn. Native stocks of fall chinook salmon are known to exist in the mainstem of the Cedar River (WDFW, 1994). Chinook are present within the mainstem of the Duwamish/Green River during their outmigration as juveniles and during their return migration as adults. Chinook salmon stocks in the Duwamish/Green River have been identified as "healthy' based on escapement levels (WDFW, 1994). Given the habitat conditions of Thunder Hill Creek with culverts upstream and downstream of the proposed project area, it is unlikely that chinook salmon Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 4 utilize the creek. NMFS has designated critical habitat for the chinook salmon. That habitat includes the Duwamish/ Green River. Candidate Species Puget Sound/Strait of Georgia Coho Salmon Coho salmon, like chinook, are anadromous. Adults spawn in freshwater streams in the late fall and early winter. Juvenile coho rear in freshwater for 12 to 18 months. Rearing juveniles prefer off -channel pools with complex cover including both large and small woody debris (Henry, 1995). Most coho spend from 16 to 20 months rearing in the ocean and return to spawn in fresh water as three-year old adults. Coho salmon stocks in the Duwamish/Green River have been identified as "healthy' based on escapement levels; however, data showed a decrease in escapement that may lead to the stocks being determined "depressed" in the future (SASSI 1994). IMPACTS TO LISTED AND CANDIDATE SPECIES Based on habitat considerations and expected species occurrence in the project area and surrounding vicinity, it is anticipated that the proposed project would have no impact on bull trout because there is no habitat in the project area to support the species. The proposed project will also have no affect chinook and coho salmon. Both salmonids exist in the Duwamish/Green River basin. However, because Thunder Hill creek is culverted for long stretches downstream of the project area, it is unlikely that chinook or coho utilize the creek. The project area drains to the Duwamish/Green Rivers, but passes through culverts, a wetland area, and another creek before reaching the Black River. Any increased sediment generated by the project should be settled out before water drains into salmonid bearing streams. If appropriate management practices are employed during construction, that risk should be further minimized. Any effect that might occur would be limited to the construction period. It is expected that if a BA were prepared for this project, the resulting determination of effect would be "no affect' on both chinook and coho salmon. To ensure future concurrence with the ESA, we request that Adolfson be informed of any proposed changes to this project that may involve a federal nexus such as funding or permitting. The project may need to be re-evaluated upon changes in status to these species, new listings, or significant alterations in the proposed scope of work. Sincerely, ADOLFSON ASSOCIATES, INC. Ann L. Root, Ph.D. Senior Planner Attachments: References, Figures, Photos, USFWS Species List, WDFW Letter Michael A Benoit City of Renton Utility Systems Division August 2, 2000 Page 5 REFERENCES Henry, R. 1995. Backgrounder: Coho salmon and state endangered species Act Special Publication. Portland, Oregon: Oregon Department of Fish and Wildlife. Stalmaster, Mark V. 1987. The Bald Eagle. New York: Universe Books. U.S. Fish and Wildlife Service (USFWS). 1998. A Framework to Assist in the Making of Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Bull Trout Subpopulations Watershed Scale (Draft). U.S. Fish and Wildlife Service (USFWS) 2000. Written Response to Request for Information on Sensitive Species. July, 2000. U.S. National Marine Fisheries Service. 2000. United States Department of the Interior, National Marine Fisheries Service, Northwest Region Habitat Conservation Division, Northwest Region Species List. httl2://www.nwr.noaa.aov/lhabcon/habweb/listnwr.htm. Updated July 11, 2000. Warner, E.J., and R.L. Fritz. 1995. The Distribution and Growth of Green River Chinook Salmon (oncorhynchus tshawyscha) and Chum Salmon (Oncorhynchus keta) Outmigrants in the Duwamish Estuary as a Function of Water Quality and Substrate. Auburn, Washington: Muckleshoot Indian Tribe Fisheries Department. Washington Department of Fish and Wildlife (WDFW). 1998. Washington Salmonids Stock Inventory: Bull Trout/Dolly Varden Appendix. Olympia, Washington. 437 pp. Washington Department of Fish and Wildlife (WDFW) and Western Washington Treaty Indian Tribes. 1994. 1992 Washington State Salmon and Steelhead Stock Inventory. Olympia, Washington. Wydoski, R.S. and R.R. Whitney. 1979. Inland Fishes of Washington. 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BROS. permission mthp t •"°"•"" MAPSrThism is is unlawful to copy or reproduce all or any part thereof, whether RENTON, WASHINGTON for personal use or resale, without permission. �MENT OF r O�PP _:i y�/Zcn United States Department of the Interior N S O 7 9 FISH AND WILDLIFE SERVICE �gACH a 10p9 North Pacific Coast Ecoregion Western Washington Office 510 Desmond Drive SE, Suite 102 Lacey, Washington 98503 Phone: (360) 753-9440 Fax: (360) 753-9518 JUL 2 1 7nnn Dear Species List Requester: You have requested a list of listed and proposed threatened and endangered species, candidate species and species of concern (Attachment A) that may be present within the area of your proposed project. This response fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act of 1973, as amended (Act). We have also enclosed a copy of the requirements for Federal agency compliance under the Act (Attachment B). Should the Federal agency determine that a listed species is likely to be affected (adversely or beneficially) by the project, you should request section 7 consultation through this office. If the Federal agency determines that the proposed action is "not likely to adversely affect" a listed species, you should request Service concurrence with that determination through the informal consultation process. Even if there is a "no effect" situation, we would appreciate receiving a copy for our information. Species of concern are those species whose conservation standing is of concern to the Service, but for which further status information is still needed. Conservation measures for species of concern are voluntary, but recommended. Protection provided to these species now may preclude possible listing in the future. There may be other federally listed species that may occur in the vicinity of your project which are under the jurisdiction of the National Marine Fisheries Service (NMFS). Please contact NMFS at (360) 753-9530 to request a species list. In addition, please be advised that federal and state regulations may require permits in areas where wetlands are identified. You should contact the Seattle District of the U.S. Army Corps of Engineers for Federal permit requirements and the Washington State Department of Ecology for State permit requirements. Your interest in endangered species is appreciated. If you have additional questions regarding your responsibilities under the Act, please contact Yvonne Dettlaff (360) 753-9582 or Bobbi Barrera (360) 753-6048. Sincerely, JTA. Oackson, Manager Western Washington Office Enclosure(s) WDFW Region 4 FHWA ATTACHMENT A July 19, 2000 LISTED AND PROPOSED ENDANGERED AND THREATENED SPECIES, CANDIDATE SPECIES AND SPECIES OF CONCERN WHICH MAY OCCUR WITHIN THE VICINITY OF THE PROPOSED THUNDER HILL ACCESS ROAD REPAIR PROJECT IN KING COUNTY, WASHINGTON (T23N R05E S20) FWS REF: 1-3-00-SP-1492 LISTED Bull trout (Salvelinus confluentus) - occur in the vicinity of the project. Major concerns that should be addressed in your biological assessment of the project impacts to listed species are: 1. Level of use of the project area by listed species. 2. Effect of the project on listed species' primary food stocks, prey species, and foraging areas in all areas influenced by the project. 3. Impacts from project construction (i.e., habitat loss, increased noise levels, increased human activity) which may result in disturbance to listed species and/or their avoidance of the project area. PROPOSED None. CANDIDATE None. SPECIES OF CONCERN The following species of concern may occur in the vicinity of the project: Long-eared myotis (Myotis evotis) Long-legged myotis (Nlyotis volans) Pacific lamprey (Entosphenus tridentata) River lamprey (Lampetra ayresi) ATTACHMENT B FEDERAL AGENCIES' RESPONSIBILITIES UNDER SECTIONS 7(a) AND 7(c) OF THE ENDANGERED SPECIES ACT OF 1973, AS AMENDED SECTION 7(a) - Consultation/Conference Requires: 1. Federal agencies to utilize their authorities to carry out programs to conserve endangered and threatened species; 2. Consultation with FWS when a federal action may affect a listed endangered or threatened species to ensure that any action authorized, funded, or carried out by a federal agency is not likely to jeopardize the continued existence of listed species or result in the destruction or adverse modification of critical habitat. The process is initiated by the federal agency after it has determined if its action may affect (adversely or beneficially) a listed species; and 3. Conference with FWS when a federal action is likely to jeopardize the continued existence of a proposed species or result in destruction or an adverse modification of proposed critical habitat. SECTION 7(c) - Biological Assessment for Construction Projects * Requires federal agencies or their designees to prepare a Biological Assessment (BA) for construction projects only. The purpose of the BA is to identify any proposed and/or listed species which is/are likely to be affected by a construction project. The process is initiated by a federal agency in requesting a list of proposed and listed threatened and endangered species (list attached). The BA should be completed within 180 days after its initiation (or within such a time period as is mutually agreeable). If the BA is not initiated within 90 days of receipt of the species list, please verify the accuracy of the list with the Service. No irreversible commitment of resources is to be made during the BA process which would result in violation of the requirements under Section 7(a) of the Act. Planning, design, and administrative actions may be taken; however, no construction may begin. To complete the BA, your agency or its designee should: (1) conduct an onsite inspection of the area to be affected by the proposal, which may include a detailed survey of the area to determine if the species is present and whether suitable habitat exists for either expanding the existing population or potential reintroduction of the species; (2) review literature and scientific data to determine species distribution, habitat needs, and other biological requirements; (3) interview experts including those within the FWS, National Marine Fisheries Service, state conservation department, universities, and others who may have data not yet published in scientific literature; (4) review and analyze the effects of the proposal on the species in terms of individuals and populations, including consideration of cumulative effects of the proposal on the species and its habitat; (5) analyze alternative actions that may provide conservation measures; and (6) prepare a report documenting the results, including a discussion of study methods used, any problems encountered, and other relevant information. Upon completion, the report should be forwarded to our Endangered Species Division, 510 Desmond Drive SE, Suite 102, Lacey, WA 98503-1273. * "Construction project" means any major federal action which significantly affects the quality of the human environment (requiring an EIS), designed primarily to result in the building or erection of human -made structures such as dams, buildings, roads, pipelines, channels, and the like. This includes federal action such as permits, grants, licenses, or other forms of federal authorization or approval which may result in construction. State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 office: 16018 Mill Creek Boulevard - Mill Creek, Washington 98012 - (425) 775-1311 January 27, 2000 Hammond,Collier &Wade -Livingston ATTENTION: Russ Snow 4010 Stone Way North, Suite 300 Seattle, Washington 98103-8090 Dear Mr. Snow: SUBJECT: Rolling Hills Sanitary Sewer Pipeline Road Access Repairs; Comments from site review The following are my comments from our site review on January 20, 2000: 1. STA 7+000 - In place of culvert a rock bulkhead will be built to repair the road washout. Minor excavation will be require to realign the channel. Road width should be minimized. 2. STA 10+25 - Delete bank protection on left bank (looking downstream), add 2 "u "shaped rock weirs with open end downstream to divert flows away from bank and prevent down cutting. Bed controls could work here. 3. If it is at all possible I would rather see the big leaf maple stay. Could a small barrier fence be constructed to define road edge. If the maple has to come out a few conifers should be planted in its place. 4. STA 15+94 - The stream bed could be stabilized using rock weirs at this culvert removal site. The channel width should be at a minimum the average channel width measured at various points upstream and downstream. Any bank rock used along the channel should be limited to protecting the toe and extend to the ordinary high water line. The banks should be sloped as much as possible and protected from erosion using coir fabric and replanted with native vegetation. 5. I am concerned that the culvert removal site has the potential cause erosion due to the road access ,the steep grades ,and the amount of material that will be removed. An erosion control plan should be part of the project plans. General Comments 5. The stream will be required to diverted either by pump or temporary bypass culvert so the work can be done in the dry. 6. The plans should include a landscape plan for all the sites that are disturbed along the creek. Plants should be planted a 3 foot centers and maintained to ensure survival. 7. Work should occur between July 15 and September 15 when flows are low. Mr. Snow January 27, 2000 Page 2 Thank you for the opportunity to provide this information. If you have any questions, please contact me at (425) 649-7015. Sincerely, Philip Schneider Area Habitat Biologist PS:ps:RoHillCk.ltr Enclosure(s): Rock weirs Photo 1. View of 'Thunder Hill Creek. (July 2000). Photo 2. Typical riparian vegetation along Thunder Hill Creek (July 2000). Photo 3. Rock gabion riprap along section of Thunder Hill Creek. (July 2000). Photo 4. Eroded trail leading down to pipeline crossing and culvert on Thunder Hill Creek (July 2000). Photo 5. Section of access road along Thunder Hill Creek. (July 2000). Photo 6. Culvert and pipeline crossing on Thunder Hill Creek (July 2000). of )p State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard - Mill Creek, Washington 98012 - (425) 775-1311 January 27, 2000 Hammond,Collier &Wade -Livingston ATTENTION: Russ Snow 4010 Stone Way North, Suite 300 Seattle, Washington 98103-8090 Dear Mr. Snow: SUBJECT: Rolling Hills Sanitary Sewer Pipeline Road Access Repairs; Comments from site review The following are my comments from our site review on January 20, 2000: 1. STA 7+000 - In place of culvert a rock bulkhead will be built to repair the road washout. Minor excavation will be require to realign the channel. Road width should be minimized. 2. STA 10+25 - Delete bank protection on left bank (looking downstream), add 2 "u "shaped rock weirs with open end downstream to divert flows away from bank and prevent down cutting. Bed controls could work here. 3. If it is at all possible I would rather see the big leaf maple stay. Could a small barrier fence be constructed to define road edge. If the maple has to come out a few conifers should be planted in its place. 4. STA 15+94 - The stream bed could be stabilized using rock weirs at this culvert removal site. The channel width should be at a minimum the average channel width measured at various points upstream and downstream. Any bank rock used along the channel should be limited to protecting the toe and extend to the ordinary high water line. The banks should be sloped as much as possible and protected from erosion using coir fabric and replanted with native vegetation. 5. I am concerned that the culvert removal site has the potential cause erosion due to the road access , the steep grades, and the amount of material that will be removed. An erosion control plan should be part of the project plans. General Comments 5. The stream will be required to diverted either by pump or temporary bypass culvert so the work can be done in the dry. 6. The plans should include a landscape plan for all the sites that are disturbed along the creek. Plants should be planted a 3 foot centers and maintained to ensure survival. 7. Work should occur between July 15 and September 15 when flows are low. r Mr. Snow January 27, 2000 Page 2 Thank you for the opportunity to provide this information. If you have any questions, please contact me at (425) 649-7015. Sincerely, Philip Schneider Area Habitat Biologist PS:ps:RoHillCk.ltr Enclosure(s): Rock weirs �, ,T CITY OF RENTON 4 Planning/Building/Public Works Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator July 19, 2001 Washington State Department of Ecology — Northwest Region 3190—'160th Avenue SE Bellevue WA 98008-5452 SUBJECT: JARPA APLICATION RE: THUNDERHILL ACCESS ROAD REAPAIR Enclosed for your review is a copy of the JARPA application for the City of Renton's Thunderhill Access Road Repair Project. If you have any questions, you may contact me at (425) 430-7206 Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosure H:\DIVISION.S\UTILITIE.S\WASTE.WTR\ThunderhillVARPA Transmittals.docMd 1055 South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material, 20 % post consumer CITY OF RENTON ..LL Planning/Building/Public Works Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator July 19, 2001 Washington State Department of Fish and Wildlife - Region 4 16019 Mill Creek Boulevard Mill Creek WA 98012-1296 SUBJECT: JARPA APLICATION RE: THUNDERHILL ACCESS ROAD REAPAIR Enclosed for your review are three copies of the JARPA application for the City of Renton's Thunderhill Access Road Repair Project. If you have any questions, you may contact me at (425) 430-7206. Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosure H:\DIVISION.S\UTILITIE.S\WASTE.WTR\ThunderhillUARPA Transminals.doc\lcf 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 20 % post consumer CITY OF RENTON .rt Planning/Building/Public Works Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator July 19, 2001 U.S. Army Corps of Engineers Seattle District P. O. Box 3755 Seattle WA 98124-2255 SUBJECT: JARPA APLICATION RE: THUNDERHILL ACCESS ROAD REAPAIR Enclosed for your review is a copy of the JARPA application for the City of Renton's Thunderhill Access Road Repair Project. If you have any questions, you may contact me at (425) 430-7206 Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosure H:\DIVISION.S\UTILITIE.S\WASTE.WTR\Thunderhill\JARPA Transmittals.doc\lcf 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 20 % post consumer i ROADWAY RESURFACE cn PER STANDARD DETAIL EXIST. ROCKERY, REMOVE ROCK Qo AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS OR STREAM BOTTOM NEW CB AND DRAIN PIPE. SEE PLAN I S A g+ 0 T 8+2 S A + 50 —a-- _ -- _-- 0„ S - — 0" S ORDINARY HIG _ r — WATER MARK � • � \ 7 NEW EDGE OF ACCESS ROAD ML ROKS • � REMOVE & DISPOSE OF TWIN 36" 0 RCP NEW BOULDER WEIRS SPACED CULVERTS 15' APART AND "KEY" INTO �.�p. BANK. DOWNSTREAM WEIR TO HAVE BURIED BED CP- CONTROL ROCKS. INSTALL FINE MESH JUTE MATTING, FROM TOP OF BANK TO STREAM HIGH WATER FLOWLINE, 3 LOCATIONS NEW 48" WIDE GLULAM PLANT WILLOW, SALMONBERRY, AND BRIDGE WITH PIPE SUPPORTS, RED —OSIER DOGWOOD FROM ON —SITE MATCH WITH EXIST GROUND, TYP STOCKS, SEE STANDARD DETAIL SEE STANDARD DETAIL NOTES: IF THERE ARE NOT SUFFICIENT ON —SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK Gti� o� 0 10 20 C��o 1" = 10, FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE September 14, 2001 INSTALL NEW 3' L:—'�` HIGH ROCKERY `\\\\\\\\\ TOE OF BANK\\\\\\\\ REMOVE\ AND, D4S'RO'SE\ OF EXI5T.\4'Q"\S'�EK \� CULVERT SIR NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORT MATCH WITH EXISTING GROUND, TYP NOTES: INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. INSTALL ROCKERY PER STANDARD DETAIL FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK Gti o� 0 10 20 1 " = 10' ROADWAY RESURFACE ORDINARY HIGH WATER MARK INSTALL NEW 3' HIGH ROCKERY @ TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS FIGURE 3 THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE September 14, 2001 EDGE OF EXIST ACCESS ROAD •� \ CLEANOUT IN MH LID - STA 11 + 0 ws ORDINARY HIGH WATER MARK REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/O EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK G o� 0 10 20 . . T� 1 " = 10' FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION 11+75 ROAD WASHOUT REPAIR STREAM BANK STABILIZATION September 14, 2001 FFSTARLISH 10' OF ORIGINAL ORDINARY HIGH WATER MARK L/\IJ I. J I I\L/"\IVI L)in1 V f\ DO NOT DISTURB ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK (+HR 0 10 20 . ��o 1 " = 10' EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD DETAIL VI\Vll v/-ll\ I I IIVI I vv/ 1" 1\ [vlMl\I\ NOTES: EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE i THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 l 6co / / ADCCESSGE XIROAD PAIMA or, r*j — 10" S — --- - / STA 15+60 INSTALL NEW BOULDER WEIR / TYPICAL / 0 INSTALL NEW 15 FT. / LONG/x 4 FT. WIDE WALKWAY BRIDGE, MATCH W/ GROUND EMOVE AND DISPO \ \ \ \ BOTH SIDES. EXISTING 48" G. CMP \ CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH Z AND LOCATION PRIOR TO NEW / Q CONSTRUCTION RDN AR X PIJ GH \ \WATER\M�ARK \ \ \\TY.PhGkL\\\\ NOTES: / INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK 0 10 20 . +d . 1" = 10' FIGURE 4 THUNDERHILL ACCESS ROAD REPAIR STATION 16+00 CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE September 14, 2001 CLEANOUT IN MH LID - EDGE OF EXIST ACCESS ROAD STA` 11 +VO -1 a�� S ORDINARY HIGH WATER MARK REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W10 EXCAVATION AT TOE OF SLOPE. (.ea Sri �; .Z w4ss ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ti o 0 10 20 T� 1 " = 10' FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM BANK STABILIZATION September 14, 2001 6 / /00 / co DGE EXIST. / ACCESS ROAD / T \ STA 15+60 INSTALL NEW BOULDER WEIR TYPICAL o INSTALL NEW 15 FT. \ \\\\ \\\\\\\\ 'RDTNARY,NNGH\ LONG/ x 4 FT. WIDE / / / \\\\\\\ \ WALKWAY BRIDGE, / \ \ \ \ 7ARK \ \ �� \WATER�M / MACH W/ GROUND / EMOVE AND DISPO \ \ \ \ \ \TYPICAL \ \ \ \ BOTH SIDES. EXISTING 48" 0. CMP / CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH AND LOCATION PRIOR TO NEW / CONSTRUCTION NOTES: INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, h / / AND RED -OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. FIGURE 4 ORDINARY HIGH WATER MARK (OHWM) THUNDERHILL ACCESS ROAD APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK REPAIR STATION 16+00 CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE o 0 10 20 ti (roan +oan. September 14, 2001 10' TART ISH 1 0' rnnr nr OF ORIGINAL ORDINARY HIGH WATER MARK VL Lroo 3 S�c 3= x ��Z l � c•T�� S L/\IJ I. .)I I\Ll11V1 L r"Wgf\ DO NOT DISTURB ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK �ti o 0 10 20 RZ7y; = 1 " = 10' EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD DETAIL w� 5 VI\V11 I! l\ I I IIV1I vv/ IL1\ lvlP I\I\ NOTES: EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE sc �, FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE 1 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 REPLY TO AUG 21 2001 ATTENTION OF Regulatory Branch City of Renton Wastewater Utility c/o Michael Benoit 5th Floor 1055 South Grady Way Kenton, -Washington 98055 Dear Mr. Benoit: RECEIVE® AUG 2 8 2001 CITY OF RENTON UTILITY SYSTEMS Reference: 2001-4-00827 Renton, City of We have received your application for a Department of the Army permit to perform road and pipeline maintenance in North Fork Rolling Hills Creek at Renton, Washington. File number 2000-4-00827 has been assigned to this project. Please include this number in any future correspondence with us concerning this project. Before we can proceed with a detailed review of the application, you must submit project drawings on 8.5 by 11-inch paper as specified in box 7c of the permit application. Enclosed is a drawing checklist to assist you in preparation of the drawings. A Department of the Army permit is needed for any work in navigable waters and for any work that could be described as a discharge of dredged or fill material into waters of the United States, including wetlands. Part of the proposal involves placing fill in the form of rip -rap in North Fork Rolling Hills Creek waterward of the iine (and below the plane) of the Ordinary High Water Mark (OHWM). We need drawings that focus on those elements. The OHWM is the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that considers the characteristics of the surrounding area. The revised drawings must be provided before any further action will be taken on this application. This information must be submitted within 45 days of the date of this letter or the application will be canceled. I have been assigned as the Corps' regulatory project manager for this application. After you submit the required information, I may contact you to discuss other specific aspects of your proposal or to schedule a field inspection. If you have any questions, please contact me at (206) 764-6905. Sincerely, ? guzxl' Joe Brock, Project Manager Application Review Section Enclosure DETAILED DRAWING CHECK LIST FOR PERMIT APPLICATIONS 1. General 'U (3 H i T QAA wr NC 5 oN s n r� � ck pacer ( ) Use clear black printing and fewest number of sheets possible. 2. Title Block ( ) Describe the facility or work (e.g. Pier, Float, Mooring Buoy, Bulkhead, Fill, Excavation, Outfall, etc.). ( ) Indicate whether application is for repair and preservation of existing work, proposed work or both. 3. Vicinity Map ( ) Show location of construction site(s). Indicate latitude and longitude of site(s) to nearest second. ( ) Name waterway. ( ) Show roads, streets, and mileage to nearest town or city limits. 4. Plan View ( ) Show Shorelines. ( ) Tidal: Show mean high water line (MHW Line) or mean higher high water line (MHHW Line) for fills. ( ) Lakes: Show ordinary high water line (OHW Line). ( ) Streams: Show ordinary high water line (OHW Line). ( ) Show Federal harbor lines where established. ( ) Show dimensions of structure, distance of structure from property lines and encroachment beyond applicable high water line. ( ) Indicate quantity and type of fill and method of handling material, if any. ( ) Show all existing structures on subject and adjacent properties waterward of applicable high water line. ( ) Show direction of currents such as tidal ebb and flood. ( ) Note existing or pending permits in navigable waters at the site. If none, note age of all existing structures. ( ) Indicate adjacent property ownership. ( ) Show and identify any wetland vegetation that is affected by the project. 5. Elevation and/or Section Views ( ) Show the same water levels as on plan view. ( ) Show original and proposed ground lines, overall and typical dimensions of structure, and pertinent vertical dimensions to top and base of structure. ( ) Show and identify any special aquatic sites that are affected by the project (e.g. sanctuaries or refuges, wetlands, mud flats, vegetated shallows such as eelgrass beds, and riffle and pool complexes). 6. Notes ( ) State purpose of the existing or proposed facility or work. ( ) List property owners and indicate by number on plan. ( ) Show datum used in plan and elevation views. ( ) Provide photographs of shoreline in both directions at project site. 7. Remarks DET-Alz rD 3'u/Cy.5Y 1A)Fac%r4P0n/ s i1i I?rQ&C,kr, i=dcuj cfy AS/1'cr3 P/2o '17Cr TH4T UGC(/Wes wITrt i-flf90 OF THC Okl); ,JAV V k/ 6 n Af K CrR CITY OF RENTON r Planning/Building/Public Works Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator September 17, 2001 US Army Corps of Engineers Seattle District Regulatory Branch P O Box 3755 Seattle WA 98124-3755 Attention: Joe Brock, Application Review Section SUBJECT: 2001-4-00827 RENTON, CITY OF RE: THUNDERHILL ACCESS ROAD RESTORATION Dear Mr. Brock, Per requirement, we are submitting 8.5 by 11-inch drawings focusing on the proposed construction that is waterward of the Ordinary High Water Mark. I have included both color and black and white copies of each map. If you have any questions, need further information or would like to schedule a field inspection, please contact me at (425) 430-7206 or at mbenoit@renton.ci.wa.us. Sincerely, Michael A. Benoit Wastewater Utility Engineer Enclosures South Grady Way - Renton, Washington 98055 0 This paper contains 50 % recycled material, 30 % post consumer FCTARI ICI -I 10' rmnr nr t OF ORIGINAL ORDINARY HIGH WATER MARK L /\IJ 1. J 11\Ll1IVI U/"�IVI\ DO NOT DISTURB ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 0.7 FEET AT CENTERLINE CREEK G� 0 0 10 20 r♦ Mo 10, EDGE OF EXISTING ACCESS ROAD STREAMSIDE ROCKERY WALL PER STANDARD DETAIL h 6 { 75 V.: ?�•1 ' VI\✓11\/11\ 1 1 IIVI 1 ..n 1 LI\ 1.1/11.(. Il[61"X.51 EXACT LOCATION OF BOULDER WEIRS TO BE DETERMINED IN THE FIELD BY ENGINEER. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES FIGURE 1 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM RELOCATION September 14, 2001 a ROADWAY RESURFACE Vn PER STANDARD DETAIL EXIST. ROCKERY, REMOVE ROCK • �o AS REQ'D TO INSTALL NEW BRIDGE EDGE EXIST ACCESS ROAD I ABUTMENT AND REUSE ON BANKS OR STREAM BOTTOM NEW CB AND DRAIN PIPE. SEE PLAN I S A 8+ 0 I T 8+2 S A +50 —�— _ — 0,> S - NEW EDGE OF / \ \ ACCESS ROAD J \ \ \ \ \ —no TAL 0 K REMOVE & DISPOSE OF TWIN 36" 0 RCP CULVERTS 15 INSTALL FINE MESH JUTE MATTING, FROM TOP OF BANK TO STREAM HIGH WATER FLOWLINE, 3 LOCATIONS PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD FROM ON —SITE STOCKS, SEE STANDARD DETAIL NOTES: ORDINARY HIG�r— ( WATER MARK NEW BOULDER WEIRS (SPACED 15' APART) AND "KEY" INTO BANK. DOWNSTREAM WEIR TO HAVE BURIED BED CONTROL ROCKS. NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORTS, MATCH WITH EXIST GROUND, TYP SEE STANDARD DETAIL IF THERE ARE NOT SUFFICIENT ON —SITE PLANT STOCKS AVAILABLE AND IF DIRECTED BY THE ENGINEER, THE CONTRACTOR SHALL IMPORT, AT THEIR EXPENSE, ALL NECESSARY PLANT MATERIALS. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK Gti� 0 0 10 20 'Coy 1 " — 109 FIGURE 2 THUNDERHILL ACCESS ROAD REPAIR STATION 8+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE September 14, 2001 ROADWAY RESURFACE — 0+ 0 5' IN. I :L INSTALL NEW 3'\!- `' HIGH ROCKERY `\\\\\\\\\ @ TOE OF BANK\\\\\\\\ REMOVE\ AND, DNSROSE OF EXIST.\41&"\STEEL \� CULVERT �I NEW 48" WIDE GLULAM BRIDGE WITH PIPE SUPPORT MATCH WITH — EXISTING GROUND, TYP NOTES: INSTALL NEW ROCKERY ON EAST BANK BETWEEN STA 10+36 AND STA 10+70 AND ON WEST BANK BETWEEN STA 10+30 AND STA 10+50. MAINTAIN A MINIMUM STREAM CHANNEL WIDTH OF 5'. FOR CONSTRUCTION SEQUENCING AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK ORDINARY HIGH WATER MARK INSTALL NEW 3' HIGH ROCKERY @ TOE OF BANK PRIOR TO PLACING JUTE MATTING AND PLANTINGS, TYP INSTALL FINE MESH JUTE MATTING FROM TOP OF BANK TO TOP OF NEW ROCKERY. PLANT WILLOW, SALMONBERRY AND RED —OSIER DOGWOOD ON BANKS FROM ON —SITE STOCK. SEE STANDARD DETAILS FIGURE 3 THUNDERHILL ACCESS ROAD REPAIR STATION 10+50 CULVERT REMOVAL UTILITY WALKWAY BRIDGE Gti 0 10 20 September 14, 2001 +� 4. Do 1 " = 10' INSTALLL NEW 15 FT. LONG/ x 4 FT. WIDE WAL4 WAY BRIDGE, MACH W/ GROUND/ / BOTH SIDES. C / Q / / O EDGE EXIST. ACCESS ROAD -- 10" s — —7STA -- — �T 15�� --— — — -- / 15+60 INSTALL NEW BOULDER WEIR TYPICAL \ \ \ \ \ \ \ \ \ \ \ \ \ RDINADZXPNGH\ \WATER\MARK \ \ EMOVE AND DISPO \ \ \ \ \ \TYPhGAL \ \ \ \ EXISTING 48" 0. CMP CULVERT AND WINGWALL REPLACE EXIST. 8" WM WITH NEW. VERIFY EXIST DEPTH AND LOCATION PRIOR TO NEW CONSTRUCTION NOTES: INSTALL FINE MESH JUTE MATTING ON ALL DISTURBED AREAS (EXCEPT PATHWAY), PLANT WILLOW, SALMONBERRY, AND RED —OSIER DOGWOOD. FOR CONSTRUCTION SEQUENCE AND STREAM FLOW DIVERSIONS SEE STREAM RESTORATION NOTES ON SHEET G3. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.0 FEET AT CENTERLINE CREEK Gti o 0 10 20 ,clvoy . 1 " = 10' FIGURE 4 THUNDERHILL ACCESS ROAD REPAIR STATION 16+00 CULVERT REMOVAL AND NEW PEDESTRIAN BRIDGE September 14, 2001 EDGE OF EXIST ACCESS ROAD CLEANOUT IN MH LID - STA 11 + 0 — — -1 S \\\\\\\\\\\ ORDINARY HIGH WATER MARK REMOVE VEGETATION AND INSTALL NEW ROCKERY WALL ON EXIST SLOPE FOR STREAMBANK STABILIZATION. ROCKERY INSTALLATION W/0 EXCAVATION AT TOE OF SLOPE. ORDINARY HIGH WATER MARK (OHWM) APPROXIMATE DEPTH OF OHWM IS 1.5 FEET AT CENTERLINE CREEK FIGURE 5 THUNDERHILL ACCESS ROAD REPAIR STATION 7+00 ROAD WASHOUT REPAIR STREAM BANK STABILIZATION e 0 10 20September 14, 2001 1" = 10, LETTER OF TRANSMITTAL DATE: 8/2/00 TO: Mike Benoit COMPANY: City of Renton Utility Services Division ADDRESS: 1055 South Grady Way Environrwntai Sobac ons CITY/STATE/ZIP: Renton, WA 98055 RECEIVED CC: AUG - 3 2000 FROM: Ann Root CITY OF RENTON UTILITY SYSTEMS PROJECT NAME/NUMBER: ThunderHill Access Road Repair/20095 T4 URGENT FOR REVIEW AND COMMENT PLEASE REPLY FOR YOUR INFORMATION PLEASE FIND ENCLOSED: 3 Biological Review of the Thunder Hill Access Road Repair Project NOTES/COMMENTS: ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 Tel 206 789 9658 Fax 206 789 9684 4010 STONE WAY NORTH, SUITE 300/w' TEL: 206.632.2664 SEATTLE, WA 98103-8090 FAX: 206.632.0947 www.hcwl.com V V HAMMOND COLLIER WADE LIVINGSTONE November 30, 2000 Michael A. Benoit Wastewater Utility Engineer City of Renton Planning/Building/Public Works Dept. 1055 South Grady Way Renton, WA 98055 Re: Thunder Hills Access Road Repair WWP-27-2766 Dear Mike: Per our recent discussion enclosed please find two (2) sets of plans and one (1) set of the Special Provisions, Scope of Work, Instructions to Bidders, Call for Bids and Schedule of Prices. These items have been revised to incorporate your review comments on the 100% submittal that was transmitted to us via email on October 3, 2000. We also enclose for your information copies of soils information on the project site as determined by our geotech subconsultant, Zipper Zeman Associates as well as a letter from Mr. Phil Schneider Fish and Wildlife Area Habitat Biologist, dated January 27, 2000 which recommends a July 15 through September 15 window for construction. Lastly, we again respectfully request your consideration of payment for extra work performed on the project, previously itemized in our letter dated of July 10, 2000, copy attached. We would appreciated your assistance in obtaining reimbursement for these extra services pursuant to paragraph VIII of the Consultant Agreement. If you have any questions regarding any of the above please give me a call. Enclosure RS/so Sincerely, HAMMOND COLLIER WADE LIVINGSTONE -f �w Sli Russ Snow, P.E. Wp/wodcing/snow/beno 113o.doc SEATTLE WENATCHEE CHELAN State of Washington DEPARTMENT OF FISH AND WILDLIFE Region 4 Office: 16018 Mill Creek Boulevard - Mill Creek, Washington 98012 - (425) 775-1311 January 27, 2000 Hammond,Collier &Wade -Livingston ATTENTION: Russ Snow 4010 Stone Way North, Suite 300 Seattle, Washington 98103-8090 Dear Mr. Snow: SUBJECT: Rolling Hills Sanitary Sewer Pipeline Road Access Repairs; Comments from site review The following are my comments from our site review on January 20, 2000: 1. STA 7+000 - In place of culvert a rock bulkhead will be built to repair the road washout. Minor excavation will be require to realign the channel. Road width should be minimized. 2. STA 10+25 - Delete bank protection on left bank (looking downstream), add 2 "u "shaped rock weirs with open end downstream to divert flows away from bank and prevent down cutting. Bed controls could work here. 3. If it is at all possible I would rather see the big leaf maple stay. Could a small barrier fence be constructed to define road edge. If the maple has to come out a few conifers should be planted in its place. 4. STA 15+94 - The stream bed could be stabilized using rock weirs at this culvert removal site. The channel width should be at a minimum the average channel width measured at various points upstream and downstream. Any bank rock used along the channel should be limited to protecting the toe and extend to the ordinary high water line. The banks should be sloped as much as possible and protected from erosion using coir fabric and replanted with native vegetation. 5. I am concerned that the culvert removal site has the potential cause erosion due to the road access , the steep grades , and the amount of material that will be removed. An erosion control plan should be part of the project plans. General Comments 5. The stream will be required to diverted either by pump or temporary bypass culvert so the work can be done in the dry. 6. The plans should include a landscape plan for all the sites that are disturbed along the creek. Plants should be planted a 3 foot centers and maintained to ensure survival. 7. Work should occur between July 15 and September 15 when flows are low. Mr. Snow January 27, 2000 Page 2 Thank you for the opportunity to provide this information. If you have any questions, please contact me at (425) 649-7015. Sincerely, Philip Schneider Area Habitat Biologist PS:ps:RoHillCk.ltr Enclosure(s): Rock weirs w11i3r�?2t��]H 11:58 4257713549 ZIPPER ZEMAN ASSOCIA PAGE 01 ZiP.Per Zeman Asso-dates,Inc. F T GeotechnicaI and Environmental Consulting Date: November 30, 2000 To: Russ Snow Fax: (206) 632-0947 HCWL Phone: From: Jim Thompson Fax: (425) 771-3549 Zipper Zeman Associates, Inc. Phone:(425) 771-3304 Subject: City of Renton Number of Pages Faxed, including cover sheet: 5 Russ - Mere is what I was able to quickly pull out of the file. Hope this material is helpful. Jim 18905 — 33 d Avenue West, Suite 117 Lynnwood, Washington 98036 (425) 77t - 3304 11-30-Go 11:55 TO:HCWL SEATTLE FROM:4257713549 Pei 111/30/2000 11:5E 4257713549 ZIPPER ZEMA-N HSSOCIA FAUL U Zipper Zeman Associates, Jnc Geoteehnical Engineers and Environmental —consultants 19231 36 'Ave W., Lynnwood, Wtishilagton 98036 (425) 771.-3304 / FAX: (425) 771-3549 DAILY FIELD REPORT 4 DATE: I2/3/99 PAGE l OF I PROJECT. Creekside trail in Renton, WA CLIENT: ZZA FEELD REP: Eric Lim A.RR./D..U. TIME: 8:15 am -- 3:00 pn WEATHER: cloudy, 48 °F ZZA JOB NO: CONTRACTOR: LOCATION: Renton, WA PERMIT NUINUER: EQUIPMENT USED: hared auger We arrived on site to investigate the subsurface conditions of the creekside trail and proposed. footbridge locations in Renton, Washington.. Eleven borings were performed using a hand auger. Fight of tb.ese borings were located on the trail adjacent to the creels and boxing depths of one foot were attempted. On the upper reach of the trail, four borings were spaced at approximately 250-feet intervals, and four borings were spaced at approximately 200-feet intervals on the lower reach. Two borings were perfori-ned at the two proposed footbridge locations near the points tvrhexe the sewage pipes exited the bai* on the opposite side of the trail. Another boring was performed at the third proposed footbridge location on top of the existing culvert. Boring depths of three feet were Attempted at all tree footbridge locations. iEFX'Pls✓"+ '-'-, Iag3 'ZaM7 n n the attached sheet summarizes the soil conditions encountered. The distances of each location are given from the end of the asphalt in the dovv,nstream direction for each respective reach. :HYB-3 through. HB-ll were on the lower reach. Small samples were collected frorn each boring for further REVIEWED BY: I"his report presents opinions formed as a result of our obscn'ations of the contractors activities relating to geotcchnieal enginccring. We rely on zbc contractor to =oznply With the plans and specifications throughout the duration of the project irrespective of the presence of the ZZA field representative. The preseMx of out field representative will be for the purpose of providing obsmation and field testing services. Our work does not include supervision or direction of the actual work of the contractor, its employees, or agents. Neither the presence of the ZZA, field representative nor the observation and testing by ZZA shall excuse die mitraetor in any way For defects discovered in its work. ZZA will not be responsible for job or site safety on this project. 11-30-00 11:55 TO:HCWL 5EATTLE FROM:4257713549 P02 . 11/30/2000 11:58 4257713549 ZIPPER ZEMAN ASSOCIA r�;ut U-' Project: Cxeekside Trail Location_ Renton, 'Washington J-609 Hand Boring Logs Page I Depth (feet Material Description 14B-1 0.0 — 0.1 Loose, moist, gray, crushed rock. 0.1— 0.5 Loose, moist, light brown, gravelly silty SAND with interbedded red sand. 0.5 —1.0 Loose, moist, browt<, gravelly silty SAND to sandy SILT. Hand boring terminated at 1.0-feet on 12/3/99. Location of boring approximately 250 feet from. end of asphalt trail. No groundwater seepage observed. No caving observed. Depth (feet) Material Desct ptiorz HB-2 0.0 — 0A Loose, moist, gray, crushed rock. 0.1— 0.25 Loose, moist, brown, gravelly silty SAND. 0.25 —1.0 Loose, moist, Iight brown, silty SAND with some gravel. ,Hand boxing terminated at 1.0-feet on 12/3/99. Location of boring approximately 500 feet from en.d of asphalt trail. No groundwater seepage observed. No caving observed. Depth (feet) MateriA Desciiption HB-3 0.0 — 0.1 Loose, moist, gay, crushed rock. 0.1 — 0,5 Loose, moist, brown, gravelly silty SAND to sand SILT. Hand boxing ternunated at 0:5-feet on 32/3,199 due to auger refusal, Location of boring approximately 750 feet from end of asphalt trail. No groundwater seepage observed. No caving observed, S- ample No. Sample No. Sample No, 11-30-00 11:55 TO:HCWL SEATTLE FROM:4257713549 P03 11/36/2000 11:58 4257713549 ZIPPER ZEMAN I�- jI -;UGiA rHIJE- VY Project: Greekside TYail Location: Renton, Washington Depth (feet) Material DeagdptiM 7-609 Hand Boring Logs Page 3 HB-7 0,0 — O.l Loose, moist, ,gray, crushed rock. 0.1 — 1.0 Loose, moist, brown., silty gravelly SAND. 1.0 —1.5 Loose, moist, light brown, silty gravelly SAND. 1.5 -- 2.0 Loose, moist, brown, gravelly silty SAND. Hand boring terminated at 2.0-feet on 12/1199 due to auger refusal. Location of boring across the third culvert approximately 1000 feet from the end of .the asphalt trail. No groundwater seepage observed. No caving observed. Depth (feet) Material Description HB-8 0.0 — 0.25 Loose, moist, gray -brown, sandy GRAVEL to gravelly SAND with trace silt. Band borbg terminated at 0,25-feet on 12/3/99 due to auger refusal. Location of boring approximately 200 feet from the end of parking lot. No groundwater seepage observed. No caving observed. . Dgpth feet Material Description HB-9 0.0 — 0.25 Soft, wet, brown, gravelly sandy SILT. Hand boring terminated at 0.25-feet on 12/3/99 due to auger refusal. Location of boring approximately 400 feet from the end of parking lot. No groundwater seepage observed, No caving observed. Sample No. Sample: No, Sample No. 11-30-00 11:56 TO:HGWL SEATTLE FROM:4257713549 PO4 . 111/30/2000 11:58 4257713549 ZIPPER ZEMAN ASSOCIA r "� Project: Creekside Trail Location: Renton, Washington Depth (Feet) Material Description HB-I O 0.0 — 0,75 Loose, moist, light brown, gravelly silty SAND. Hand baring terminated at 0.754et on 12/3/99 due to auger refusal. Location of boring apprwimately 600 feet froro the end of parking lot. No groundwater seepage observed. No caving observed. Depth (feet) Material Description HB-1I 0.0 — 0.5 Loose, moist to wet, light brown, gravelly silty SAND, Hazad boring terminated at 0.5-feet on 11/3/99 due to auger refusal. Location of boring approximately 800 feet from the end of parking lot. No groundwater seepage observed. No caving observed. J-b09 Land Boring Logs Page 4 Sample No. Stele No, 11-30-00 11:56 TO:HCWL SEATTLE FROM:4257713549 P05