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HomeMy WebLinkAboutSWP273046STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 June 16, 2003 Mr. Chris Munter, Project Manager RECEIVED City of Renton JUN 13 2003 51h Floor, 1055 South Grady Way 0I7-YOF Renton, WA 98055 UTILITYSyS EON MS Dear Mr. Munter: RE: Coverage under the Stormwater General Permit for Construction Activity Permit Number: S03-005263 Site Name: Cedar River Spawning Channel Location: Parcel No. 2123059069 (near Royal Hills Neighborhood) Renton, WA Receiving Water: Cedar River The Washington Department of Ecology has reviewed your application for coverage under the Stormwater General Permit for construction activity for the above 2.5-acre site. We are granting coverage under the permit as of June 16, 2003. Retain this letter with your permit. It is the official record of permit coverage for your site. Note the permit number assigned for the above project. Refer to the permit number on any future correspondence with Ecology. Examples of the type of correspondence could be as follows: 1) If you wish to notify Ecology that there is a new 24-hour contact person for the project. 2) When a new application and public notice is submitted requesting extended permit coverage for adjoining acreage. 3) When the site has been stabilized, submission of a termination request form to cancel the permit and associated fees. Please read the enclosed permit carefully. As a permittee, you are legally obligated to comply with its terms and conditions. An accompanying document called a Fact Sheet is available upon request by calling (360) 407-7156. The Fact Sheet helps explain the development process for the general stormwater permit. Stormwater Pollution Prevention Plan (SWPPP) The most significant requirement of the general permit is the development, implementation, and maintenance (revision) of a Stormwater Pollution Prevention Plan for the entire duration of the project. Implement the SWPPP as the first step when starting construction. Plan requirements are given in Special Condition S9 of the permit. The purpose of the SWPPP is to reduce, eliminate, and prevent the pollution of stormwater through the application of Best Management Practices. Failure 00 Mr. Chris Munter June 16, 2003 Page 2 of 2 to prepare and implement an adequate SWPPP could result in violations of state and federal laws and regulations. Retain the SWPPP on or near your project. The SWPPP shall be made available upon request from Ecology or local government inspectors. Permit Fees State law (RCW 90.48.465) requires that all permittees pay an annual permit fee. If your permit goes into effect during the State's fiscal year (June 30 — July 1), the initial fee will be prorated to the quarter. Future yearly billing notices will be mailed to you in August. Permits that terminate during the State's fiscal year will have their fees prorated. Ecology will not process refunds if the ending balance of the fee account is less than one -hundred dollars ($100). If you would like more information on the fee process, contact Bev Poston, Fee Administrator, Department of Ecology at (360) 407-6425. Appeal You, or a third party, may appeal Ecology's decision to issue a general stormwater permit for your site. The appeal is limited to the general permit's applicability or non -applicability to your project, not the permit itself. An appeal may be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903 within thirty days from the effective date of your permit. In addition, a copy of the appeal must be served on the Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696. Enclosed is a copy of RCW 43.2113.310 that lists the procedures and requirements for the appeal process. Notice of Termination After your site has undergone final stabilization, submit a Notice of Termination request form (located in the back of the permit). Final stabilization is defined as follows: There are no bare soils remaining, the landscaping is well established, paving is complete, all temporary sediment and erosion and control devices have been removed, and all stormwater discharges associated with construction activities have been eliminated. Permit fees continue until Ecology receives the completed termination form. Ecology Regional Assistance If you have questions regarding stormwater discharges for your construction site, contact Ron Devitt, of Ecology's Northwest Regional Office in Bellevue, at (425) 649-7028. If you have any questions regarding this letter, please call Linda Matlock at (360) 407-6437. Sincerely, )yuarb 1% Melodie A. Selby, P.E., Manager Program Development Services Water Quality Program Enclosures: Permit and RCW Cc: Ron Devitt, Ecology, NWRO SThT,, � L EI 7f G yh. f L004 CITY OF RENTON STATE OF WASHINGTON UTILITYSYSTcM DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 1601h Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 March 19, 2004 REGISTERED MAIL RR 359 893 200 US Noel Gilbrough U.S. Army Corps of Engineers Environmental Resources Section PO Box 3755 Seattle, WA 98124-2255 Dear Mr. Gilbrough: Re: Order # 1040 U.S. Army Corps of Engineers # PL-04-07 Water Quality Certification and Coastal Zone Management Consistency Determination to authorize construction of side channel on Cedar River, Renton, King County, Washington. The request for certification for proposed work in and adjacent to the Cedar River has been reviewed. On behalf of the State of Washington, we certify that the proposed work, as conditioned by the enclosed Order, will comply with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to 16 U.S.C. 1456 et. seq. (Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended), Ecology concurs with the applicant's determination that this work will be consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act. This certification is subject to the conditions contained in the enclosed Order. If you have any questions, please contact Alice Kelly at (425) 649-7145. Written comments can be sent to her at the Department of Ecology, 3190 — 160a' Ave. SE, Bellevue, WA 98008. The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, per_ Jeannie Summerhays Section Manager Shorelands and Environmental Assistance Program JS:AK:rc Enclosure cc: Rustin Director, Corps Chris Munter, City of Renton Rl C E I V EEr r, 4 i 11Y 0E- RE-N T1 ON UTUTY SYSTEMS IN THE MATTER OF GRANTING A ) ORDER # 1040 WATER QUALITY ) Corps Reference No. PL-04-07 CERTIFICATION TO ) Cedar River Side Channel Replacement Project; U.S. Army Corps of Engineers ) replace salmonid spawning and rearing channel in accordance with 33 U.S.C. 1341 ) destroyed by the Nisqually earthquake; located in FWPCA § 401, RCW 90.48.260 and ) Section 21, T. 23 N., R. 5 E., Renton, King Chapter 173-201A WAC ) County, Washington. TO: Noel Gilbrough U.S. Army Corps of Engineers Planning Branch PO Box 3755 Seattle, WA 98124-3755 On February 1, 2004, a public notice for a proposed water quality certification from the State of Washington was distributed for the above -referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWPCA §401). The proposed project entails construction of a side channel on the Cedar River to replace a constructed side channel that was destroyed in the February 2001 Nisqually earthquake. Replacement is mandatory because the side channel is required mitigation for the Cedar River Flood Damage Control Project (dredging). The goal of the project is to create off -channel spawning and rearing habitat for salmonids, primarily sockeye and Chinook. The proposal includes excavation of 6,000 cubic yards of floodplain sediments'to create the 1,200 foot -long channel along the left bank between RM 3.4 and 3.6 in the City of Renton. The material will be stockpiled on uplands nearby. The 10,000 square -foot channel will be constructed with 3:1 side slopes, alcoves with woody debris, and will be revegetated with native vegetation after construction. The intake structure will consist of a concrete box culvert; trash rack, control valve, geogrids and approximately 140 feet of pipe. AUTHORITIES: In exercising authority under 33 U.S.C. 1341, 16 U.S.C. 1456, and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality -based, technology -based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 13121313, 1316, and 1317 (FWPCA Sections 301, 303, 306 and 307); 2. Conformance with the state water quality standards as provided for in Chapter 173-201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other - appropriate requirements of state law; and 3. Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. Order # 1040, U.S. Army Corps of Engineers #PL-04-07, Noel Gilbrough March 19, 2004 Page 2 of 6 CONDITIONS OF ORDER # 1040 AND WATER QUALITY CERTIFICATION: In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter 173-201A WAC, water quality certification is granted to the U.S. Army Corps of Engineers subject to the following conditions: A. No Impairment of Water Quality: Al. The Cedar River is classified as Class AA waters of the state. Certification of this proposal does not authorize U.S. Army Corps of Engineers to exceed applicable state water quality standards (Chapter 173-201A WAC) or sediment quality standards (Chapter 173-204 WAC). Water quality criteria contained in WAC 173-201A-030(1) and WAC 173-201A-040 shall apply to this project, unless otherwise authorized by Ecology. This Order does not authorize temporary exceedances of water quality standards beyond the limits established in WAC 173-201A-110(3). Furthermore, nothing in this certification shall absolve the permittee from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. A2. Turbidity in Class AA waters shall not exceed 5 NTU over background when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU. B. Construction: B 1. Construction activities waterward of the ordinary high water mark may cause water quality effects that will exceed the state water quality criteria specified in WAC 173- 201A. Mixing zones (or zones of disturbance) can be authorized to allow for temporary exceedances of certain water quality standards in state waters immediately adjacent to a permitted project, provided that the discharger fully applies all known, available, and reasonable methods ofprevention, control, and treatment (AKART). No mixing zone shall be granted unless the supporting information clearly indicates the mixing zone would not have a reasonable potential to cause a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department (WAC 173-201A-100(4)), and the size of a mixing zone and the concentrations of pollutants present shall be minimized (WAC 173-201A-100(6)). B2. For this project, a temporary turbidity mixing zone of 300 feet from the downstream edge of the in -water activities is considered reasonably sufficient to allow for temporary water quality exceedances (WAC 173-201A-110(3)). Within the mixing zone, the Class AA standard for turbidity is waived. All other applicable water quality standards shall remain Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19, 2004 Page 3 of 6 in effect within the mixing zone and all other water quality standards are to be met outside of the authorized mixing zone. B3. The waiver of specified standards within the mixing zone is intended for brief periods of time (such as a few hours or a day) and is not an authorization to exceed those standards for the entire duration of construction. In no case does the waiver authorize degradation of water quality that significantly interferes with or becomes injurious to characteristic water uses, including fisheries habitat, or causes long-term harm to the Cedar River. B4. Water Quality Monitoring: Sampling for turbidity shall occur a minimum of every two hours throughout the first day of in -water construction activity. Subsequent sampling is dependent upon monitoring results, but shall be a minimum of three times per day during in -water activity if no exceedances are detected. Sampling shall increase if exceedances are detected. B5. Construction Stormwater and Erosion Control: Work in or near waters of the state shall be done so as to minimize turbidity, erosion, and other water quality impacts. Construction stormwater, sediment and erosion control Best Management Practices suitable to prevent exceedances of state water quality standards (e.g., detention and/or infiltration areas, silt fences, etc.), shall be in place before starting clearing, excavating, and grading work at the impact site. B6. During clearing and excavation, U.S. Army Corps of Engineers shall take all necessary measures to minimize the alteration or disturbance of existing wetland and upland vegetation. B7. 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. B8. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked daily for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters. No refueling of equipment shall occur over, or within 50 feet of the river or wetlands. B9. Equipment used for this project shall be free of external petroleum -based products. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to work below the Ordinary High Water Line. B10. U.S. Army Corps of Engineers shall provide notice to Ecology's Alice Kelly at least 3 days prior to the start of construction. Notification can take place by e-mail to ake1461(a)ecy.wa.gov, telephone to (425) 649-7145, fax to (425) 649-7098, or in writing. Order # 1040, U.S. Army Corps of Engineers #PL-04-07, Noel Gilbrough March 19, 2004 Page 4 of 6 BI 1. A qualified stream ecologist shall be on site to oversee project construction and riparian planting. B12. Side channel construction and installation of the inlet structure shall be isolated from the flow of the Cedar River. B13. Before water is diverted into the side channel, approved fish habitat components, streambed materials, and bank protection to prevent erosion shall be in place. B14. Alteration or disturbance of the streambank and bank vegetation and wetlands and wetland vegetation shall be limited to that necessary to install the project. With seven calendar days of project grading work, all disturbed riparian areas shall be protected from erosion using vegetation or other means. Installation of the project plantings shall be completed per the approved plans prior to the start of the first growing season (March 1) subsequent to project grading. Project plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival. B15. Water diversion shall occur only after inspection and approval of the side channel by an Area Habitat Biologist or other representative of Washington Department of Fish and Wildlife. B16. If at any time as a result of project activities fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills) operations shall cease and the following agencies shall be contacted: Department of Ecology at (425) 649-7000 and Washington Department of Fish and Wildlife (WDFW) at (360) 534-8233. Work shall not resume until further approval is given by WDFW. C. Stormwater Management: Cl. The US Army Corps of Engineers shall comply with the Stormwater Management Manual for Western Washington, August 2001. D. Emergency/Contingency Measures: D1. In the event U.S. Army Corps of Engineers is unable to comply with any of the permit terms and conditions due to any cause, the permittee shall: • Immediately take action to stop, contain, and clean up unauthorized discharges or otherwise stop the violation and correct the problem. • Notify Ecology of the failure to comply. Spill events shall be reported immediately to Ecology's 24-Hour Spill Response Team at (425) 649-7000, and within 24 hours to Ecology's Alice Kelly at (425) 649-7145. Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19;-2004 - ----- Page 5 of 6 • Submit a detailed written report to Ecology within five days that describes the nature of the violation, corrective action taken and/or planned, steps to be taken to prevent a recurrence, results of any samples taken, and any other pertinent information. E. Other Permits and Approvals: • SEPA DNS issued by the City of Renton LUA-02-080. • City of Renton Certificate of Exemption from Shoreline Substantial Development Permit, LUA-02-080, issued November 22, 2002. • Hydraulic Project Approval (HPA) Log No. ST-F8338-01 issued by the Washington Department of Fish and Wildlife on May 16, 2003. F. General Conditions: Fl. For purposes of this Order, the term "Applicant' shall mean U.S. Army Corps of Engineers and its agents, assigns, and contractors. F2. This certification does not exempt and is provisional upon compliance with other statutes and codes administered by federal, state, and local agencies. F3. The applicant will be out of compliance with this certification if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification, or as otherwise approved by Ecology. Additional mitigation measures may be required through other local, state, or federal requirements. F4. The applicant will be out of compliance with this certification and must reapply with an updated application if five years elapse between the date of the issuance of this certification and the beginning of construction and/or discharge for which the federal license or permit is being sought. F5. The applicant will be out of compliance with this certification and must reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the federal agency. Any future action at this project location, emergency or otherwise, that is not defined in the Public Notice, or has not been approved by Ecology, is not authorized by this Order. All future actions shall be coordinated with Ecology for approval prior to implementation of such action. F6. Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. To avoid violations or non-compliance with this Order, the applicant shall ensure that project managers, construction superintendents, and other responsible parties have read and understand relLwant aspects of this Order, the NPDES permit if applicable, and any subsequent revision or Ecology -approved plans. Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19, 2004 Page 6 of 6 F7. The applicant shall provide access to the project site and all mitigation sites upon request by Ecology personnel for site inspections, monitoring, necessary data collection, or to ensure that conditions of this Order are being met. F8. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology determines further actions are necessary to implement the water quality laws of the state. Further, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are identified (e.g., violations of water quality standards, downstream erosion, etc.), or if additional conditions are necessary to further protect the public interest. F9. Liability: Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars ($10,000) per violation for each day of continuing noncompliance. Appeal Process: Any person aggrieved by this Order may obtain review thereof by appeal, within thirty (30) days of receipt of this Order, to the Washington Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903. Concurrently, a copy of the appeal must be sent. to the Department .of Ecology, Shorelands and Environmental Assistance Program, P.O. Box 47600, Olympia, WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder. Dated 3 11 S /0y at Bellevue, Washington. Jeannie Summerhays, Section Manager` Shorelands and Environmental Assistance Program Department of Ecology State of Washington UTII,TTIES COAUgrrrEE COMMITTEE REPORT May 20, 2002 APPROVED BY CITY COUNCIL Date Cedar River Side -Channel Replacement Project (Referred March 18, 2002) The Utilities Committee recommends concurrence with the Planning/Building/Public Works Department's recommendation that: • The proposed spawning and rearing channel at Rolling Hills Site "A" be selected as the channel to replace the groundwater spawning channel constructed as mitigation for the U.S. Army Corps of Engineers (USACE) Cedar River Section 205 Flood Hazard Reduction. Project, which was destroyed by the Nisqually earthquake. This recommendation is supported by the USACE and resource agenciesresponsible for issuing final permits and/or concurrences. • The permitting and final design tasks for the project at Rolling Hills Site "A" be initiated immediately to facilitate construction in 2- or 2003- The construction of the channel at the Rolling _Hills Site "A" is contingent upon obtaining all required permits and final approval and/or concurrence by - various Federal and State resource agencies. • The City continue to involve expressed concerns about the implementation. Based on concerns from cifiz,"n commits to integrating th(Acklov I . Improving the existing ate acrot s the traffic. t �sfro the Maple Gardens neighborhood, that have them:ollm Site "A" in the project design and e Maple Garde' , eigh� hood, the Surface Water Utility ional features ins riiit• illegal motorized vehicular 2. Installing interpretive any other 5i tja �t%ate g y M:ublcand dete poaching, littering, fires and limiting foot traffic to deslgnaeas P 3. Place the ro eet,s ro � P J p Pose rrjn'ehance, oad along Jhd sc[rt�hsid of the proposed channel to create a buffer area between the proposec�chai ne and''To- 4W R e a 4. _ Replant and restore the existing 11, ibed pa :P' areaklon Cedar River and the proposed channel to enhance Pt _ between the Cedar River €fere� imit access. 5: Commit to working with other City Departments (Police, Fire and Parks Departments); and the Washington State Department of Fisheries, to improve response to complaints and enforcement against illegal activities that may occur in the project area after the project is completed. Terri Brie(e, Chair Ida&Kathy Keo keeeler, Vice Chair and orman, ember cr Lys Hornsby Ron Straka From: <JanFuuter@aol.com> To: <caravatt@teleport.com>, <johnsonk@bsd405.org>, <dljcpa@integraonline. com>, <DSpen31796@aol.com>, <Mitraveler@aol.com>, <zydescott@yahoo.com>, <david.w.kwolek@boeing.com>, <mpwhitley@prodigy. net>, <delansh@hotmail.com>, <jfillips@nwrain.com>, <cmgrande@msn.com>, <ccmij@msn.com>, <hedmonds@earthlink.net>, <daniel-cfg@u.washington.edu.>, <Monica_chandler@hotmail.com Monica Chan>, <chenault@u.washington.edu>, <cherlyn@myuw.net>, <al_gonzalez@chimacum.wednet.edu>, <debra_gilbreath@chimacum.wednet.edu>,<brett_thomsen@chimacum.wednet. edu>, <Shannon_Lowrie@chimacum.wednet. edu>, <penny_gonzales@chimacum.wed net. edu>, <shawn_meacham@chimacum.wednet. edu>, <whitney_meissner@csd49.org>, <bushl@wvsd.wednet.edu>, <bearbear12@hotmail.com>, <eric.jurason@wvsd.com>, <cjohnson818@earthlink.net>, <Clareweisman@cs.com>, <Cmunter@ci.renton.wa.us>, <Virginia_Cobb@msn.com>, <Leslye@BasketrySchool.com>, <wbcook@saber.net>, <jrcottre@teleport.com>,<dcrockett@@rochester.wed net. ed u >, <bcunningham@mead.k12.wa.us>, <cwallach@u.washington.edu>, <daniel1565@comcast. net>, <daniel-cfg@u.washington.edu>, <dannytdot@hotmail.com>, <cdavis@rochester.wednet.edu> Date: 03/21/2004 3:28:37 PM Subject: Change of Address Please change my email address from: janfluter@aol.com to: janfluter@comcast.net Thank you. Please excuse the repeat if you have already received a notice. Jan Fluter 1005 Shelton Ave. SE Renton, WA 98058 425-204-5980 425-736-5053 cell janfluter@comcast.net Return Address: �,,..LJA- 11IV1Y�IW11111I�11I111 till 11 20040511000808 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (xcw 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. k4opJiL t-an4 Fr-tse ,,ems 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) (Last name, st name, initials) I. tT r�-m ©ciqk� UeJ o vr�� 2. , Additional names on page of document. Grantee(s� (Last name f first, then first name and initials) 1. C i iz, q zP. �n-t-e 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) 1_0� 3 Lf E Additional legal is on page 'T of document. Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax # not yet assigned Z1 Z3 os- C00(0 The Auditor/Recorder will rely m the information provided on the form. The staff will not read the document to v the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part gthe text of the original document. Signature of Requesting Party EXCISE TAX NOT REQUIRED z Co. Records Dixision Deputy STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT TABLE OF CONTENTS SECTION PAGE 1. GRANT AND LOCATION OF EASEMENT...............................................................I 1.1 Easement Property.................................................................1 1.2 Construction and Access..........................................................1 1.3 Right of Third Parties....................................................I .........1 1.4 Surveys, Maps, and Plans.........................................................1 2. PURPOSE OF EASEMENT...........................................................................................2 3. TERM.............................................................................................................................2 3.1 Term.................................................................................2 4. USE FEE......................................................................................................................2 4.1 Fee....................................................................................2 4.2 Late Charges and Interest.........................................................2 4.3 Non-Waiver.........................................................................2 5. NOTIFICATION OF ACTIVITIES........................................................................3 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS.....3 6.1 Grantee's Activities................................................................3 6.2 Restrictions on Use.................................................................3 7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY..............3 8. COMPLIANCE WITH LAWS................................................................................3 Form Date: 06/1998 i Agreement No. 51-074605 9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION.....................................4 9.1 Definition............................................................................4 9.2 Use of Hazardous Substances....................................................4 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ......4 9.4 Notification and Reporting........................................................ 5 9.5 Indemnification.....................................................................6 9.6 Cleanup...............................................................................7 9.7 Sampling by State, Reimbursement, and Split Samples .....................7 9.8 Reservation of Rights..............................................................8 10. PRESERVATION OF SURVEY CORNERS.........................................................8 11. TERMINATION OF EASEMENT.........................................................................8 12. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT ...9 12.1 Existing Improvements............................................................9 12.2 Grantee -Owned Improvements...................................................9 12.3 Construction......................................................................... 9 12.4 Performance Bond ................................................... • ..............9 12.5 As Built Survey................................................................... 10 12.6 Removal............................................................................10 12.7 Unauthorized Improvements.................................................... 10 13. INDEMNITY.........................................................................................................10 14. FINANCIAL SECURITY AND INSURANCE....................................................11 14.1 Financial Security................................................................ 11 14.2 Insurance........................................................................... 11 14.3 State's Acquisition of Insurance ............................................... 13 14.4 Self Insurance..................................................................... 14 15. TAXES AND ASSESSMENTS............................................................................14 16. ADVANCE BY STATE........................................................................................14 17. NOTICE.................................................................................................................14 18. ASSIGNMENT......................................................................................................15 19. SUCCESSORS AND ASSIGNS...........................................................................15 20. TIME IS OF THE ESSENCE................................................................................15 21. RECORDATION...................................................................................................15 22. APPLICABLE LAW AND VENUE.....................................................................15 23. MODIFICATION..................................................................................................15 24. SURVIVAL...........................................................................................................16 25. INVALIDITY........................................................................................................16 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE Form Date: 06/1998 ii Agreement No. 51-074605 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS EASEMENT AQUATIC LANDS EASEMENT NO 51-074605 THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and the CITY OF RENTON, a government agency/entity ("Grantee"). Whereas, the State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantee dated May 9, 1998 and recognizes that the Department of the Army can apply for an assignment of this easement per Section 18 of this Easement, if needed due to a breach by the Grantee. SECTION 1 GRANT AND LOCATION OF EASEMENT 1.1 Easement Property. State grants and conveys to Grantee a nonexclusive easement for a term of years (the "Easement") over, upon, and under the property described in Exhibit A (the "Easement Property"). 1.2 Construction and Access. State grants to Grantee a nonexclusive easement, for construction purposes only, over the property described in Exhibit B, which includes the Easement Property and such additional property as is reasonably necessary for construction on the Easement Property. This construction easement shall terminate upon completion of construction by Grantee. To the extent it can do so without violating any other contract or lease, State hereby also grants a nonexclusive easement on State-owned land and water on either side of the Easement Property, if any exists, for ingress and egress to gain access to the Easement Property and to construct improvements on and maintain and repair the Easement Property. 1.3 Right of Third Parties. This Easement is subject to all valid interests of third parties noted in the records of King County, or on file in the office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel or other valuable materials State makes no representations regarding access to the Easement Property. 1.4 Surveys, Maps, and Plans. In executing this Easement, State is relying upon the surveys, plats, diagrams, and/or legal descriptions provided by Grantee. Grantee is not relying upon and State is not making any representations about any surveys, plats, diagrams, and/or legal descriptions provided by State. Form Date: 06/1998 1 of 18 Agreement No. 51-074605 SECTION 2 PURPOSE OF EASEMENT This Easement is granted for the purpose of and is limited to constructing, installing, operating, maintaining, repairing, replacing, and using an inlet and outlet for a spawning and rearing channel ("Permitted Use"). SECTION 3 TERM 3.1 Term. The term of this Easement is Ninety (90) years, beginning on the 1 st day of March, 2004 (the "Commencement Date"), and ending on the 29th day of February, 2094 (the "Termination Date"), unless terminated sooner under the terms of this Easement. 3.2 - Renewal of the Easement. Grantee shall have the option to renew this Easement at the end of Initial Term for an additional term to be agreed at the time of renewal. Grantee shall notify the State of its desire to renew by providing written notice at least ninety (90) days prior to the Termination Date of the Initial Term of this Easement. Grantee shall not be entitled to renew if it is in default under the terms of this Easement at the time the option to renew is exercised and fails to cure the default in accordance with the provisions of Section 11. The terms and conditions of any renewal term shall be the same as set forth in this Easement, except that the Use Fee may be recalculated in accordance with the provisions of Subsection 4.1, and provisions dealing with hazardous waste, natural resource impacts, insurance, and financial security, may be changed at the time of each renewal. SECTION 4 USE FEE 4.1 Fee. Grantee shall pay a single use fee in the amount of Four Hundred Eighty Six Dollars ($486.00), which shall be due and payable in full on or before the Commencement Date. Nothing in this subsection shall preclude State's ability to charge Grantee a fee for any impacts to natural resources on or adjacent to the Easement Property that are directly or indirectly associated with the Permitted Use or Grantee's use or occupation of the Easement Property. 4.2 Late Charges and Interest. If any use fee is not received by State within ten (10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the date due, then Grantee shall, in addition to paying the late charges established above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid. 4.3 Non -Waiver. State's acceptance of a use fee shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular use fee that was accepted. SECTION 5 NOTIFICATION OF ACTIVITIES Except in the case of an emergency, Grantee shall provide State with written notice of any construction or other significant activity on the Easement Property at least thirty (30) days in Form Date: 06/1998 2 of 18 Agreement No. 51-074605 advance. In cases of emergency, Grantee shall notify State of such activity no later than five (5) days after such activity commences. "Significant activity" means any activity that might affect State's or public's use or enjoyment of Easement Property and any surrounding state-owned aquatic lands or the waters. SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any improvements on the Easement Property, to the Easement Property, or to any natural resources, except to the extent such damage is expressly permitted in Exhibit B, which are caused by Grantee's activities. All work performed by Grantee shall be completed in a careful and worker like manner to State's satisfaction, free of any claims or liens. Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition it was in prior to commencement of the work. 6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural resources on the Easement Property, except to the extent such damage is expressly permitted in Exhibit B. Grantee shall also not cause or permit any filling activity to occur on the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Easement Property, except as approved in writing by State. Grantee shall neither commit nor allow waste to be committed to or on the Easement Property. If Grantee fails to comply with all or any of the restrictions in use set out in this Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon demand by State, Grantee shall pay all costs of such remedial action, including, but not limited to, the costs of removing and disposing of any material deposited improperly on the Easement Property. This section shall not in any way limit Grantee's liability under Section 9, below. SECTION 7 INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the fullest extent reasonably possible, interference with State's use of the Easement Property or with the public's right to use Cedar River for purposes of recreation, navigation, or commerce including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on the Easement Property shall be placed and constructed so as to allow, to the fullest extent reasonably possible, unobstructed movement through the water column in the Easement Property. SECTION 8 COMPLIANCE WITH LAWS Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, orders, or requirements of any public authority affecting the Easement Property and the Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders. Form Date: 06/1998 3 of 18 Agreement No. 51-074605 SECTION 9 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 9.1 Definition. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Easement Property, except in accordance with all applicable laws. 9.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) With regard to any Hazardous Substances that may exist in, on, under, or above the Easement Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Grantee. (b) Grantee shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Easement Property as of the Commencement Date, and any Hazardous Substances that come to be located in, on, under, or above the Easement Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 9.3 includes, but is not limited to, the following requirements: (1) Grantee shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Easement Property; (2) Grantee shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Easement Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Easement Property; (3) Grantee shall not undertake any activities that result in the mechanical or chemical disturbance of on -site habitat mitigation; (4) If requested, Grantee shall allow reasonable access to the Easement Property by employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, or other similar environmental agencies; and Form Date: 06/1998 4 of 18 Agreement No. 51-074605 (5) If requested, Grantee shall allow reasonable access to potentially liable or responsible parties who are the subject of an order or consent decree which requires access to the Easement Property. Grantee's obligation to provide access to potentially liable or responsible parties may be conditioned upon the negotiation of an access agreement with such parties, provided that such agreement shall not be unreasonably withheld. (c) It shall be Grantee's obligation to gather sufficient information concerning the Easement Property and the existence, scope, and location of any Hazardous Substances on the Easement Property, or adjoining the Easement Property, that allows Grantee to effectively meet its obligations under this Easement. 9.4 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee shall, at State's request, provide State with copies of any and all reports, studies or audits which pertain to environmental issues or concerns and to the Easement Property, and which were prepared for Grantee and submitted to any federal, state or local authorities pursuant to any federal, state or local permit, license or law. These permits include, but are not limited to, any National Form Date: 06/1998 5 of 18 Agreement No. 51-074605 Pollution Discharge Elimination System Permit, any Army Corps of Engineers permit, any state Hydraulics Project Approval, any state Water Quality Certification, or any Local Shoreline permit. 9.5 Indemnification. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against any and all claims, demands, damages, natural resource damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Easement Property, any adjoining property, or any other property subject to use by Grantee in conjunction with its use of the Easement Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Easement or during any time when Grantee occupies or occupied the Easement Property or any such other property and as a result of- (i) Any act or omission of Grantee, its subgrantees, contractors, agents, employees, guests, invitees, or affiliates; or, (11) Any foreseeable act or omission of a third party unless Grantee exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 9.5(a), Grantee shall fully indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise out of or are in any way related to Grantee's breach of the obligations of Subsection 9.3(b). This obligation is not intended to duplicate the indemnity provided in Subsection 9.5(a) and applies only to damages, liabilities, costs or expenses that are associated with a breach of Subsection 9.3(b) and which are not characterized as a release, threatened release, or exacerbation of Hazardous Substances. Form Date: 06/1998 6 of 18 Agreement No. 51-074605 9.6 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the Easement Property or other State-owned property arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances. Cleanup actions shall include, without limitation, removal, containment and remedial actions and shall be performed in accordance with all applicable laws, rules, ordinances, and permits. Grantee's obligation to undertake a cleanup of the Easement Property under this Subsection 9.6 shall be limited to those instances where the Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30)�days prior to implementation (except in emergency situations), and (2) Grantee must not be in breach of this Easement. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Easement. 9.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Easement Property, any adjoining property, any other property subject to use by Grantee in conjunction with its use of the Easement Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 9.5, above, Grantee shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Grantee written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Grantee shall be entitled to obtain split samples of any Test samples obtained by State, but only if Grantee provides State with written notice requesting such samples within twenty (20) calendar days of the date Grantee is deemed to have received notice of State's intent to conduct any non -emergency Tests. The additional cost, if any, of split samples shall be borne solely by Grantee. Any additional costs State incurs by virtue of Grantee's split sampling shall be reimbursed to State within thirty (30) calendar days after a bill with documentation for such costs is sent to Grantee. Form Date: 06/1998 7 of 18 Agreement No. 51-074605 (d) Within thirty (30) calendar days of a written request (unless otherwise required pursuant to Subsection 9.4(b), above), either party to this Easement shall provide the other party with validated final data, quality assurance/quality control information, and chain of custody information, associated with any Tests of the Easement Property performed by, or on behalf of, State or Grantee. There is no obligation to provide any analytical summaries or expert opinion work product. 9.8 Reservation of Rights. The parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 9. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 9.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Easement Property, any adjoining property or any other property subject to use by Grantee in conjunction with its use of the Easement Property that either party may have against the other under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Easement and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. SECTION 10 PRESERVATION OF SURVEY CORNERS Grantee shall exercise the utmost care to ensure that all legal land subdivision survey corners and witness objects are preserved. If any survey corners or witness objects are destroyed or disturbed, Grantee shall reestablish them by a registered professional engineer or licensed land surveyor in accordance with US General Land Office standards, at Grantee's own expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of construction of improvements must be adequately referenced and/or replaced in accordance with all applicable laws and regulations in force at the time, including, but not limited to, Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey corners and/or witness objects. SECTION 11 TERMINATION OF EASEMENT This Easement shall terminate if Grantee receives notice from State that Grantee is in breach of this Easement and Grantee fails to cure that breach within one hundred twenty (120) days of State's notice. If the breach is not reasonably capable of being cured within the one hundred twenty (120) days, Grantee shall commence the cure within the one hundred twenty (120) day period and continue the cure with diligence until completion. In addition to terminating this Easement, State shall have any other remedy available to it. State's failure to exercise its right to terminate at any time shall not waive State's right to terminate for any future breach. If Grantee ceases to use the Easement Property for the purposes set forth in this Easement for a period of Form Date: 06/1998 8 of 18 Agreement No. 51-074605 five (5) successive years, this Easement shall terminate without further action by State and Grantee's rights shall revert to State. This Easement may also terminate if Grantee provides State with one hundred twenty (120) days written notice of its intent to terminate the Easement, in a form satisfactory to State. The United States has entered into a Project Cooperation Agreement with Grantee for a flood control project which includes this easement as lands required for the project. Prior to termination under this paragraph for the breach of a condition of this Easement, the State will provide similar advance notice to the United States as that which must be provided to the Grantee. Termination shall not occur if within that notice period the United States provides notice to the State in writing of its intent to cure the breach and curative action is initiated within a reasonable period of time thereafter. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.1 Existing Improvements. On the Commencement Date, the following improvements are located on the Easement Property: ("Existing Improvements"); none. The improvements are not owned by the State. 12.2 Grantee -Owned Improvements. So long as this Easement remains in effect, Grantee shall retain ownership of all improvements and trade fixtures it may place on the Easement Property (collectively "Grantee -Owned Improvements"). Grantee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 12.7 below. 12.3 Construction. No Grantee -Owned Improvements shall be placed on the Easement Property without State's prior written consent. State's consent has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit B). Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Grantee -Owned), Grantee shall submit to State plans and specifications which describe the proposed activity. Except in the case of emergency repairs, such work shall not commence until State has approved those plans and specifications. State shall have sixty (60) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved unless State notifies Grantee otherwise within the sixty (60) days. In the case of emergency repairs, Grantee shall notify State within five (5) business days of the start of such repairs and shall provide State with the proposed plans and specifications for the repairs if requested. 12.4 Performance Bond. Except in the case of emergency repairs, no construction work of any kind shall commence until Grantee has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. State may require Grantee to obtain a performance and payment bond for emergency repair work that has been initiated. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. Form Date: 06/1998 9 of 18 Agreement No. 51-074605 12.5 As Built Survey. Upon completion of construction, Grantee shall promptly provide State with as -built plans and specifications. In those cases where new improvements are approved, or where the location of any improvements is changed, Grantee may be required to provide an as - built survey of the Easement Property. 12.6 Removal. Grantee -Owned Improvements shall be removed by Grantee by the Termination Date unless State notifies Grantee that the Grantee -Owned Improvements may remain. If State elects for the Grantee -Owned Improvements to remain on the Easement Property after the Termination Date, they shall become the property of State without payment by State. To the extent that Grantee -Owned Improvements include items of personal property which may be removed from the premises without harming the Easement Property, or diminishing the value of the Easement Property or the improvements, State asserts no ownership interest in these improvements unless the parties agree otherwise in writing upon termination of this Easement. Any Grantee -Owned Improvements specifically identified as personal property in Exhibit A or B shall be treated in accordance with this provision. Grantee shall notify State at least one hundred eighty (180) days before the Termination Date if it intends to leave the Grantee -Owned Improvements on the Easement Property. State shall then have ninety (90) days in which to notify Grantee that it wishes to have the Grantee -Owned Improvements removed or elects to have them remain. Failure to notify Grantee shall be deemed an election by State that the Grantee -Owned Improvements will remain on the Easement Property. If the Grantee -Owned Improvements remain on the Easement Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Grantee shall pay the costs of removal and disposal upon State's demand. 12.7 Unauthorized Improvements. Improvements made on the Easement Property without State's prior written consent or which are not in conformance with the plans submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon request, State may remove it and charge Grantee for the cost of removal and disposal. SECITON 13 INDEMNITY Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Grantee's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 9. Form Date: 06/1998 10 of 18 Agreement No. 51-074605 SECTION 14 FINANCIAL SECURITY AND INSURANCE 14.1 Financial Security. (a) At its own expense, Grantee shall procure and maintain a corporate surety bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to Zero Dollars ($0), which shall secure Grantee's full performance of its obligations under this Easement, with the exception of the obligations under Section 9 (Environmental Liability/Risk Allocation) above. The Bond shall be in a form and issued by a surety company acceptable to State. State may require an adjustment in the amount of the Bond. (b) Upon any default by Grantee in its obligations under this Easement, State may collect on the Bond to offset the liability of Grantee to State. Collection on the Bond shall not relieve Grantee of liability, shall not limit any of State's other remedies, and shall not reinstate or cure the default or prevent termination of the Easement because of the default. 14.2 Insurance. At its own expense, Grantee shall procure and maintain during the Term of this Easement, the insurance coverages and limits described in Subsections 14.2 (a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Grantee shall procure and maintain Commercial General Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of Grantee's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (i) As a condition of approval of assignment or sublease of this Easement; (ii) Upon any breach of Section 9, above; Form Date: 06/1998 11 of 18 Agreement No. 51-074605 (iii) Upon a material change in the condition of the Easement Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance coverage shall be in place within thirty (30) days after changes in the limits of liability are required by State. (2) Property Insurance. Grantee shall procure and maintain property insurance covering all real property located on or constituting a part of the Easement Property in an amount equal to the replacement value of all improvements on the Easement Property. Such insurance may have commercially reasonable deductibles. (3) Worker's Compensation/Employer's Liability Insurance. Grantee shall procure and maintain: (i) State of Washington Worker's Compensation coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage, as applicable, with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit By Accident By Disease By Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Grantee's employees on or about the Easement Property and on any improvements. (4) Builder's Risk Insurance. As applicable, Grantee shall procure and maintain builder's risk insurance in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Easement Property or improvements on the Easement Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Grantee shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Form Date: 06/1998 12 of 18 Agreement No. 51-074605 Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 14.2 shall name the State of Washington, Department of Natural Resources as an additional insured (except for State of Washington Worker's Compensation coverage, and Federal Jones Act and Longshore and Harbor Worker's Act coverages). Furthermore, all policies of insurance described in Subsection 14.2 shall meet the following requirements: (1) Policies shall be written as primary policies not contributing with and not in excess of coverage that State may carry; (2) Policies shall expressly provide that such insurance may not be canceled or nonrenewed with respect to State except upon forty-five (45) days prior written notice from the insurance company to State; (3) To the extent of State's insurable interest, property coverage shall expressly provide that all proceeds shall be paid jointly to State and Grantee; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Grantee shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a check list of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the Easement number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Grantee acknowledges that the coverage requirements set forth herein are the minimum limits of insurance the Grantee must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Grantee from liability for losses and settlement expenses greater than these amounts. 14.3 State's Acquisition of Insurance. If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Grantee shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 4.2 from the date of State's notice of the expenditure until Grantee's repayment. Form Date: 06/1998 13 of 18 Agreement No. 51-074605 14.4 Self Insurance. Licensee warrants that it has the capacity to self insure for the risks and coverages specified in Section 14. Licensee's obligations under Section 14 may be met by providing evidence of self insurance that is acceptable to State. Any acceptance of Licensee's proof of self insurance by State must be obtained in writing. The decision to accept, or reject, Licensee's proof of self insurance is within the sole discretion of the State. Licensee must provide State with proof of continuing ability to provide self insurance within thirty (30) days of any written request by State for such proof. Licensee shall also provide State with written notice within seven (7) days of any material change in its ability to self insure, or to its program of self insurance. If Licensee elects to discontinue its program of self insurance, or if State provides written notice withdrawing its acceptance of Licensee's proof of self insurance, Licensee shall be subjected to the requirements of Section 14. Licensee shall be in compliance with the requirements of Section 14 prior to exercising an election to terminate self insurance coverage and shall comply with those requirements within thirty (30) days of receipt of any notice from State withdrawing its consent to self insurance. All sublease agreements must comply with the provisions of Section 14. SECTION 15 TAXES AND ASSESSMENTS Grantee shall promptly pay all taxes, assessments and other governmental charges of any kind whatsoever levied as a result of this Easement or relating to Grantee's improvements constructed pursuant to this Easement. SECTION 16 ADVANCE BY STATE If State advances or pays any costs or expenses for or on behalf of Grantee, including but not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials, costs of removal and disposal of improvements, or other amounts not paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate of one percent (1 %) per month from the date State notifies Grantee of the advance or payment. SECTION 17 NOTICE Any notices required or permitted under this Easement may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Form Date: 06/1998 14 of 18 Agreement No. 51-074605 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. SECTION 18 ASSIGNMENT Grantee shall not assign its rights in the Easement or grant any rights or franchises to third parties, without State's prior written consent. State reserves the right to change the terms and conditions of this Easement upon its consent to any assignment. SECTION 19 SUCCESSORS AND ASSIGNS This Easement shall be binding upon and inure to the benefit of the parties, their successors and assigns and shall be a covenant running with the land. SECTION 20 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to each and every provision of this Easement. SECTION 21 RECORDATION Grantee shall record this Easement or a memorandum documenting the existence of this Easement in the county in which the Easement Property is located, at Grantee's sole expense. The memorandum shall, at a minimum, contain the Easement Property description, the names of the parties to the Easement, the State's easement number, and the duration of the Easement. Grantee shall provide State with recording information, including the date of recordation and file number. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. SECTION 22 APPLICABLE LAW AND VENUE This Easement shall be interpreted and construed in accordance with and shall be subject to the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement shall be in the Superior Court for Thurston County, Washington. SECTION 23 MODIFICATION Any modification of this Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Form Date: 06/1998 15 of 18 Agreement No. 51-074605 SECTION 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement shall not cease, but shall continue as obligations until fully performed. SECTION 25 INVALIDITY If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Easement. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF RENTON Dated: _ /� , 20 D41 By: Cttlq 0 kw� KAT KEOLKER-WHEELER Attest: Bonnie I. Walton, City Clerk `I/ ill Title: Mayor Address: 1055 South Grady Way Renton, WA 98055 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: 20 By: V DOUG YU—THERLAND Title: Commissioner of Public Lands �m • ;•d �� Address: 950 Farman Avenue North Enumclaw, WA 98022 .Or e� Approved as to F$" , . 2003 by Alexandra K. Srr hkv, r-, D D Assistant Attorney Genera State of Washington Form Date: 06/1998 16 of 18 Agreement No. 51-074605 GRANTEE ACKNOWLEDGMENT STATE OF (J # t ft o ) ) ss COUNTY OF 416, ) On this 1 1 day of AVI ( , 20 0 before me personally appeared KATHY KEOLKER-WHEELER to me known to be the Mayor of the government agency/entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said government agency/entity, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Vs i : o NOTARY �': li �U cnPLIBLIC I WAS tcitel1✓ I eavnam✓t (Type/Print Name) Notary Public in and for the State of Washington residing at: �m My Commission Expires: � 1: 100 Form Date: 06/1998 17 of 18 Agreement No. 51-074605 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County of���� f�� On this � day of 20 , personally appeared before me DOUG SUTHE16,AND, to me known to be the Commissioner of Public Lands of the Department of Natural Resources, State of Washington, who executed the within and foregoing instrument on behalf of the State of Washington, and acknowledged said instrument to be the free and voluntary act and deed of the State of Washington for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed is the official seal of the Commissioner of Public Lands for the State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. to 1lj,l1 I (Type/Print Name) Notary Public i d for the Stae of Washington residing at: My Commission E pire g: - -%q `65 Form Date: 06/1998 18 of 18 Agreement No. 51-074605 �E: SEATTLE SYSTEM: WA2CCORNWALL USER: CPC ¢ ' t o s p �i 2 2 m/ti n� A A >" 2 R F N ��`''''J r 99� lel� 86 L4_M.BS . l i 7L3 a� ,00 001 35 01 IpO 1035 st�Z1$ L z rn aV030 ��m> b3nla > �m =2 M012 i 1 1 I I mm Ua:oenn a m .mztizz +mn N -U� .F .F mgm o K�8 R R t XM-tB/T A ` MBE CHECKED BY. - DRAWN BY..' 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DRAWING FiCE NAME: ""pil1com 1 " = 20' 30948 0948—SURV—RSO x�,�ae,M, q Tex Fa c • a n $;� \ \ IF �•O nm ��� 2 Lo N a R > m \� nSR � \ i a $ \ i I• \ n / o I , � $21 � �g�. $g T �♦ A-.xn-.,n so;'50 1'_a, `\ S011I'e7^W . � + zom^+z 7650.31" :577.39 N C v001035eygn$ �3 pi5Z,fi5 a �Ji �2^n v ^Cc .. � N VS1 x -4� C� N y N Z l.Tl �1 ZE Z a c po O �� Ca i o A n qQ� a n o m �zR o POP a a~xi�s ni?c a n g�A Nx� n Q�na An g nAm K; n Y �22 C X � 161T 6 MBE CHECKED BY: DRAWN BY: CPC APPROVED BY: LAST EDIT: 13 PLOT DATE: 41204/03 .DATE BY REVI REWSION CK'D PR > � OOAm2"'Ny�O z$ ,NiO^O 20K00 iiz iii Q2 a`"p 22nt2�fn Rip i2. O .y in m �n2 r' m�A= mAa Cc, nAZ Vic$ A-zi nvo-iPuo-ruoi'^u>i4nn$° ^a 0 moi%Qppza�xn E > �mwt�..bZ q`�m yA n2 � m a ^nnnnNn�~z R$^ 1 A o$ T "A �m m2�o �Am 2~ 2, _ v2 IR -z n u ps z o-F' z 5 �-07 �6os c A. s CITY OF RENTON os •+a,,, c RECORD OF SURVEY ♦ � '' �7'y: ~ 3350 Monte Mlle Pnrk DNR AQUATIC LANDS LEASE AREA 8olhe(1, Mashinglon sa021nzl-asn RENTON CEDAR RIVER WASHINGTON �� SCALE: PPS?JECT NO. DRAIMNC FILE 'NAME: piOc °w �Wu LYm pNaa•It Pyle•n• Sarveyan V"a+"•R I,eAllw 1" = 20' 30948 0948—SURV—RSO EXHIBIT B PLAN OF OPERATIONS AND MAINTENANCE Cedar River Channel Mitigation — Renton, WA City of Renton Easement No. 51-074605 Site Description and Present Use The site is located on the Cedar River at approximately River Mile 3.4 in Section 21, Township 23 N, Range 5 E, in Renton, Washington. The site is located east of the Rolling Hills Neighborhood and west of the Maple Garden Neighborhood. The Maplewood golf course is located near the site. The following fish utilize the Cedar River for spawning, rearing and migratory transport, steelhead salmon (Oncorhynchus mykiss), sockeye (O. nerka), chinook (O. tshaytscha), coho (O. kisutch), and bull trout (Salvelinus confluentus). Future Use and Condition On February 28, 2001 a salmonid ground -water spawning channel on the Cedar River was destroyed by the Nisqually Earthquake. The groundwater channel was originally constructed as mitigation for the United States Army Corps of Engineers (USACE) Cedar River Section 205 Flood Hazard Reduction Project. The City of Renton requested assistance from the USACE to replace the destroyed channel. The City of Renton and the USACE evaluated sites and determined the site described above was the best location. An inlet and outlet for a spawning and rearing channel will be constructed by the City of Renton. The project is funded and managed by the United States Army Corps of Engineers. SECTION 2 PURPOSE OF EASEMENT The "Permitted Use" on this easement property is to construct, operate, maintain, repair, alter, rehabilitate, remove, replace and monitor features on, over, and across the land delineated on Exhibit A attached, including: vegetative plantings; modifications and improvements within and adjacent to the river or shore for grade control or bank stabilization purposes; fish and wildlife habitat or other ecosystem improvements; placement of materials or structures in the bed, banks, or shorelines that influence river velocity or channel form; removal or placement of gravels, cobbles, and boulders, and other structures or conveyances to direct, recharge or maintain flow to a new spawning channel and wetlands. Exhibit B 1 of 3 51-074605 SECTION 6 MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS 6.1 Grantee's Activities. Routine maintenance may occur on the easement property such as cleaning and repairing of the channel inlet and outlet. Monitoring of the channel may include adult and redd counts, fry production surveys, and riparian habitat monitoring. Silt fencing, riprap, straw bales, and other temporary erosion control methods will be utilized to ensure sediment does not enter the Cedar River. Native trees, shrubs, and plants will be planted along the new channel to mitigate for the vegetation that is disturbed during construction. SECTION 8 COMPLIANCE WITH LAWS Grantee must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. SECTION 12 OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT 12.3 Construction. Construction is permitted from June 16 to August 15. The following work will occur on State Land during this construction window: An intake structure will be installed upstream of the project to convey flow from the Cedar River into the channel. The structure will be made of a concrete headwall and wingwall, trash rack, concrete box culvert, control valve, and approximately 140 feet of pipe. Construction of an open -channel outlet approximately 1,200 feet downstream from the intake structure to allow flow to re-enter the Cedar River and adult/juvenile fish to migrate to or from the channel. 12.6 Removal. The improvements that are to be constructed and maintained on the easement Properties under the authority of this Easement, including, but not limited to, the spawning and rearing channel are intended to be permanent. Prior to the Ninety Year Easement Termination Date, Grantees and State will negotiate in good faith to determine future responsibility for the operation and maintenance of the improvements. Any agreement on such future responsibility shall be in writing. If the Parties cannot agree on future responsibility for the operation and maintenance of the improvements by the Ninety Year Easement Termination Date, the Ninety Year Easement shall continue in full force and effect on a month -to -month tenancy until such time as a written agreement can be reached. SECTION 17 NOTICE Grantee shall designate a contact person for the Department of Natural Resources who has the responsibility of notifying the department of the status of the easement. The current contact persons are: Exhibit B 2 of 3 51-074605 City of Renton: Ron Straka 1055 S. Grady Way —5th Floor Renton, WA 98055 (425) 430-7248 Department of Natural Resources: Monica Durkin, Snoqualmie Land Manager Shoreline District Aquatics Region 950 Farman Ave. Enumclaw, WA 98022-9282 (360) 825-1631 ext. 2006 SECTION 18 ASSIGNMENT The State recognizes the Project Cooperation Agreement between the Department of the Army and the Grantees dated May 9, 1998 and under this Section recognize that the Department of the Army can apply for an assignment of this easement, if needed due to a breach by the Grantees. Exhibit B 3 of 3 51-074605 ►�.•� 4,,4:s . HYDRAULIC PROJECT APPROVAL State of Washington d RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISH and Region 4 Office s WOLK IVr, 16018 Mill Creek Boulevard Mill Creek, Washington 98012 JA N 4 A ()4 DATE OF ISSUE: January 12 2004 LOG NUMBER: ST-178338-02 CITY OF RENTON UTILP . SYS 1 EMS At the request of Christian D. Munter on January 8, 2004, this Hydraulic Project Approval (HPA), which now supersedes the previous HPA for this project, is a change of the original HPA issued May 16, 2003. PERMITTEE City of Renton Surface Water Utility ATTENTION: Ron Straka 1055 South Grady Way - 5`h floor Renton, Washington 98055 425-430-7248 AUTHORIZED AGENT OR CONTRACTOR City of Renton Surface Water Utility ATTENTION: Chris Munter, P.E. 1055 South Grady Way - 5`h floor Renton, Washington 98055 425-430-7205 PROJECT DESCRIPTION: New Permanent Fixed Freshwater On Bed Habitat Off Channel/Side Channel PROJECT LOCATION: Accessed through Rolling Hills Drive Southeast utility easement, south side, Renton, Washington 47.47154 North Latitude, 122.16874 West Longitude # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0299 Cedar River Lake Washington NE 21 23 North 05 East King PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by March 1, 2008, provided that construction within the ordinary high water line (OHWL) shall occur only between June 16 and August 15. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall be contacted at least three working days prior to start of work, and again within seven days of completion of work to arrange for compliance inspection. 3. Work shall be accomplished per plans and specifications entitled, "CEDAR RIVER MITIGATION CHANNEL", dated January 1, 2004, submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 4. A qualified stream ecologist shall be on site to oversee project construction and riparian planting. 5. Installation of the inlet structure and outlet of the side channel inlet shall be isolated from the flowing stream. 6. During construction, the side channel shall be isolated from the flowing stream. 7. Before water is diverted into the side channel, approved fish habitat components, streambed materials, and bank protection to prevent erosion shall be in place. Fish habitat components and bank protection material shall be installed to withstand the 100-year peak flows. 8. Spoils from the side channel shall be placed in an approved upland site. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Dro( RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office FISHMd 16018 Mill Creek Boulevard VDIM Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-F8338-02 9. Water diversion shall occur only after inspection and approval of the side channel by the AHB listed below or his representative. 10. Alteration or disturbance of the streambank and bank vegetation and wetlands and wetland vegetation shall be limited to that necessary to install the project. Within seven calender days of project grading work, all disturbed riparian areas shall be protected from erosion using vegetation or other means. Installation of the project plantings shall be completed per the approved plans (Provision 3) prior to the start of the first growing season (March 1) subsequent to project grading. Project plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival. 11. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and WDFW at (360) 534-8233 and Washington Department of Ecology at (425) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 12. Erosion control methods shall be used to prevent silt -laden water from entering the streams and/or associated wetlands. 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. 13. Prior to starting work, the selected erosion control methods (Provision 12) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods. 14. Equipment used for this project may operate below the OHWL, provided the drive mechanisms (wheels, tracks, tires, etc.) shall not enter or operate below the OHWL. 15. Equipment used for this project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 16. Equipment crossings of the streams are not authorized by this HPA. 17. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 18. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. SEPA: DNS by City of Renton, final on July 31, 2002. APPLICATION ACCEPTED: January 12, 2004 ENFORCEMENT OFFICER: Lambert 41 [P2] Larry Fisher (425) 649-7042 �;,a�for Director Area Habitat Biologist WDFW Page 2 of 4 ' HYDRAULIC PROJECT APPROVAL State of Washington RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife F19E-a Region 4 Office WO1N 16018 Mill Creek Boulevard Mill Creek, Washington 98012 DATE OF ISSUE: January 12 2004 LOG NUMBER: ST-F8338-02 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. 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; Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Deyoo( RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office NO 16018 Mill Creek Boulevard WIM Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-178338-02 (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. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 393, LAWS OF 2003: 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 FORMAL APPEAL shall be in accordance with the provisions of Chapter 393. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 HYDRAULIC PROJECT APPROVAL State of Washington RCW 77.5.5.100 - appeal puj pnt to Chapter 34.05 RCW Department of Fish and Wildlife PJSgoAd..'. Region 4 Officece E L,' 16018 Mill Creek Boulevard WOLN Mill Creek, Washington 98012 JAI Affll" DATE OF ISSUE: January 12, 2004 CITY Up rlEPv LOG NUMBER: ST-G1503-01 =i ter.. 'iTl! !TV SYSy" le This Hydraulic Project Approval (HPA) replaces log number ST-D4609-14, which was issued December 31, 2003 to clarify the need to test the size of gravel placed as supplementation to mitigate impacts of dredging (see Provision 7). ST-134609-14 was a modification of the original HPA issued April 24, 1998 and last modified on August 7, 2000. This replacement was necessary because the original HPA was issued more than five years ago. PERMITTEE City of Renton Surface Water Utility ATTENTION: Ron Straka 1055 Grady Way South . Renton, Washington 98055 (425)430-7248 Fax: (425) 235-2541 AUTHORIZED AGENT OR CONTRACTOR Not Applicable PROJECT DESCRIPTION: Conduct Dredging, Install Bank Protection and Flood Wall, Raise Levees, and Perform Mitigation: Reconstruct 600 feet of Rock Revetment Using Bio-engineering Techniques, Construct a Groundwater -fed Spawning Channel, Reduce Lighting Levels in the Lower River, Replenish Spawning Gravels in the Upper Cedar River, and Mitigate for Over -dredging PROJECT LOCATION: Dredging, levee and flood wall additions, and lighting reduction from the Cedar River mouth upstream to the Williams Avenue bridge; bank protection for 900 feet at the Renton Airport; reconstruction of the revetment at the Maplewood Golf Course; construction of a spawning channel just upstream of the mouth of Madsen Creek; modification of the Elliot Levee and enhancement of spawning and rearing habitat just downstream of the mouth of Madsen Creek; and replenishment of spawning gravels in the Landsburg area # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0299 Cedar River Lake Washington 17 23 North 05 East King 18 23 North 05 East King 23 23 North 05 East King NOTE: This HPA is issued with the understanding that the required mitigation is a reasonable amount of effort to attempt to avoid, reduce, and replace any impacts on fish life and habitat; and that further mitigation actions, including the potential removal of the levee portions of the project or, alternatively, other upstream levees on .. the Cedar River, may be necessary, if so indicated by the results of the required monitoring program. PROVISIONS 1. TIMING LIMITATIONS: Project construction may begin immediately and has been or shall be completed as follows: a. Dredging and bank protection were completed by August 15, 1998. b. Mitigation and monitoring shall occur per the approved plans (Provision 3) and Provisions 4, 5, 6, 8, 9, 10, 11, and 12. c. Construction of the Renton flood wall shall occur between June 16 and August 15, 2000. d. Replenishment of spawning gravels at Landsburg shall occur between June 16 and August 15, 2000-2010. e. Work within the OHWL of the Cedar River on the upstream and downstream connections of the project to mitigate for over -dredging shall be constructed between June 16 and August 25, 2000. Other components of the over -dredging mitigation project, including installation of the landscape plan, shall be completed by March 1, Page 1 of 6 HYDRAULIC PROJECT APPROVAL State of Washington DepVtMni of RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Region 4 f of Fish and Wildlife Region 4 Ofof FISH and 16018 Mill Creek Boulevard WULN Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-G1503-01 2001. The permittee shall provide maintenance of this over -dredging mitigation project in a manner to ensure it can achieve its estimated productivity, which is documented in the report entitled, "SECTION 205 FLOOD CONTROL PROJECT LOWER CEDAR RIVER, WASHINGTON SALMON REARING CHANNEL PRODUCTION ANALYSIS -FINAL-", dated February 17, 2000, for a minimum of 10 years following construction. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall be contacted at least three working days prior to start of work, and again within seven days of completion of work to arrange for compliance inspection for each project component listed in the above project description. Work shall be accomplished per plans and specifications entitled, "FIGURE 4 DREDGE PLAN SHEET 1, SHEET 2, SHEET 3" and "FIGURE 13 MITIGATION PLANTING PLAN I, H, III (Plates M-1, M-2, and M-3)", dated February 17, 1998; "PLATES C-4 to C-21" and "L-1 to L-I I", dated March 23, 1998; "FIGURE 7 DREDGING SEQUENCE", (undated); "PLATES C-7, C-14, and C-15", dated April 17, 1998; "FIGURE 1 I UPSTREAM PLANTING PLAN", (undated); "FIGURE 12 PLANTING DETAILS", dated February 9, 1998; letter by Beth Spelsberg of Golder Associates dated December 21, 1999 "RE: CEDAR RIVER 205 GRAVEL SUPPLEMENTATION PROJECT", with accompanying plans; "MITIGATION PLAN CEDAR RIVER SECTION 205 FLOOD DAMAGE REDUCTION PROJECT RENTON, WASHINGTON", (undated); CENTRAL REGION FAMO NORTH SOUTH BRIDGE LIGHTING CONTROL PROPOSAL FOR WASHINGTON STATE DEPARTMENT OF FISHERIES", dated May 28, 1998; "FINAL DESIGN REPORT LANDSBURG GRAVEL SUPPLEMENTATION PROJECT RENTON, WASHINGTON", dated June 1, 2000; "STATEMENT OF WORK CEDAR RIVER FLOOD CONTROL PROJECT SOCKEYE SPAWNING CHANNEL MITIGATION SITE SPAWNING CHANNEL ENLARGEMENT PROJECT", dated June 22, 1999; "RENTON FLOOD WALL", dated July 20, 1999; and "CEDAR RIVER MITIGATION", dated March 3, 2000 (These are the over -dredge mitigation plans.), except for the revision of plate C-2 plotted June 9, 2000 to include the frog pond, and submitted to the WDFW, except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 4. A qualified stream and wetland ecologist shall be on site to oversee the construction of the over -dredge mitigation project. Impacts of dredging shall be based on provisionally adopting 15% as the proportion of the sockeye run spawning in the reach from the Renton Library to the river mouth. This proportion may be revised as follows: a. The City of Renton (the City) shall monitor the reach and mitigation channel in coordination with WDFW to determine, over a period of five years following completion of dredging (beginning with the 1998-99 brood year through the 2002-2003 brood year), the average proportion of the total sockeye escapement that is spawning in the reach and mitigation channel combined. Success Will be defined as the five year average proportion equaling or exceeding 15%. b. If the five year average is below 15%, the City shall either construct an additional mitigation channel or modify the existing channel. The size of the channel will be based on the shortfall and the observed spawner use rate (# females/sq. yard) in the initial mitigation channel. c. The provisional measure of 15% may be modified, at the discretion of WDFW, based on any new information collected during the course of the monitoring program that results in a more accurate estimation of the fry -to -lake contribution from the dredged reach. d. The City has identified and set aside land that could be used for further mitigation should it become necessary. Page 2 of 6 HYDRAULIC PROJECT APPROVAL State of Washington DpwtmM 4 RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office FISH d 16018 Mill Creek Boulevard 1OLN Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-G1503-01 Monitoring shall include: a. evaluation of scour and/or deposition upstream of the dredged river reach as follows: Prior to commencement of fall salmon spawning in 1998 and in 1999, scour chains shall be installed in spawning riffles, on transects of five per riffle, with transects not more than 500 feet apart, for one mile upstream of the dredged river reach. This reach shall be evaluated in 1/4 mile strata in July 1999 and July 2000; six inches or more of scour or fill on 40% or more of the scour chains within a stratum shall constitute an impact which will require additional mitigation. (Additional mitigation for Chinook salmon would include either dike removal or setback in upstream reaches or bridge modification to reduce constrictions.) The City shall use the methods described in the Northwest Indian Fisheries Commission salmonid spa ATiillg gravel scour module With the following exceptions: length Will be 2.5 in; use of an anchor of up to one pound; a wooden float will be used at the free end; and 3/8" cable will be used instead of 3/16". The City shall also: use the monitoring plan recommended by the Tribe on pages seven and eight of attachment #3; provide monitoring records to the Tribe Within one week of the measurements; and consult With the Tribe should discrepancies arise between reports and incidental observations of the Tribe. The AHB shall be consulted and be the final arbiter should issues arise. b. Monitoring required for the over -dredge mitigation project includes spawning by Chinook, coho, steelhead, and sockeye salmon until is has been documented that the production from the 1800 sockeye redds which were lost due to the channel degradation which resulted from the over -dredging has been replaced. Monitoring of rearing by juvenile salmonids would also be beneficial and should be done if practicable. This may be facilitated by coordination With on -going research on the river or other studies related to salmon recovery. c. A monitoring report for each monitoring component outlined in the mitigation plan shall be submitted to the WDFW AHB Within one month of monitoring completion for each monitoring year. Gravel used in the supplementation program shall generally range in size from one-half to five centimeters in diameter, with at least 50% larger than one centimeter and no more than 10% smaller than one-half millimeter. Gravel shall be seive sampled prior to placement to ensure it meets these specifications. Results of a minimum of three random samples each consisting of a minimum of 10 pounds of material for each year's supply of gravel shall be provided to the WDFW AHB at least two weeks prior to placement. This requirement will be modified when adequate sampling has demonstrated a trend over the years of available data. Such a trend could show the need for less or more sampling, depending on the level of variability in the data. If permits cannot be secured to allow the gravel supplementation program to be implemented, then the City shall use the funds set aside for the program ($150,000) to create holding pools for Chinook salmon according to suggestions made by the Tribe on pages eight and nine of attachment #3 or an equivalent alternative subject to approval by the AHB. Terms of the document entitled "CITY OF RENTON WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE HYDRAULIC PROJECT APPROVAL ESCROW ACCOUNT AGREEMENT", dated June 5, 1998, shall be adhered to. Failure to complete any component of the required mitigation shall result in (at the discretion of WDFW) either renegotiating the mitigation item(s) or the turning over of funds remaining in the escrow account to WDFW for the purpose of completing the required mitigation and may result in the denial of future maintenance dredging. 10. Management of large woody debris which becomes entrapped at the Maplewood Golf Course revetment shall occur per item eight on pages nine and 10 of attachment #3. Page 3 of 6 HYDRAULIC PROJECT APPROVAL State of Washington Dw�of RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Fisam,d Region 4 Office 16018 Mill Creek Boulevard 1P11'Q Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-G1503-01 11. The lighting control proposal (Provision 3) shall be evaluated by Roger Tabor of the U.S. Fish and Wildlife Service (USFWS) or by another person mutually agreed upon by the Tribe, WDFW, and the City. A study plan shall be finalized by December 31, 1998 and implemented in 1999 and 2000. 12. By October 31, 1998, the City and WDFW will convene a meeting With the Tribe and representatives of the USAGE, USFWS, and the National Marine Fisheries Service to commence proceedings to determine standards for what constitutes increased impacts from predators on out -migrating sockeye and chinook juvenile and for standards for any additional mitigation measures that may be required if current mitigation measures are not compensating for any increase in predation caused by the dredging operation. 13. Placement of bank protection material waterward of the OHWL shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by the WDFW. 14. The toe shall be installed to protect the integrity of bank protection material. 15. 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 re-enter the water. 16. Bank toe protection material shall be clean, angular rock and/or large woody debris (L)M), and shall be installed to withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. 17. Geotextile cloth or filter blanket material shall be placed prior to placement of bank protection material. 18. Alteration or disturbance of the existing riparian vegetation shall be limited to that necessary to perform the project components. Plantings, which shall occur per the approved plans (Provision 3), shall be maintained as necessary, including watering as needed, for three full years following planting to ensure 80 percent or greater survival and shall not be removed or trimmed without prior WDFW approval. 19. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and WDFW at (360) 534-8233 and Washington Department of Ecology at (425) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 20. Erosion control methods shall be used to prevent silt -laden water from entering the river and/or its tributaries and/or their associated wetlands. 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. 21. Prior to starting work, temporary filter fabric, straw bale, or pea gravel -filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 22. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior to being discharged to the river and/or its tributaries and/or their associated wetlands. 23. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. Page 4 of 6 HYDRAULIC PROJECT APPROVAL State of Washington DeparbwV of RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office FISEma 16018 Mill Creek Boulevard WULN Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-G 1503-01 24. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 25. 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 river and/or its tributaries and/or their associated wetlands. SEPA: EIS by U.S. Army Corps of Engineers adopted December 29, 1997; DNS by City of Renton final on May 24, 2000. APPLICATION ACCEPTED: January 12, 2004 ENFORCEMENT OFFICER: Lambert041 [PI] Larry Fisher (425) 649-7042 for Director Area Habitat Biologist WDFW 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. Page 5 of 6 HYDRAULIC PROJECT APPROVAL State of Washington ' - WaAiqt-p el RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office AISHod 16018 Mill Creek Boulevard WULN Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-61503-01 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. 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. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 393, LAWS OF 2003: 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 FORMAL APPEAL shall be in accordance with the provisions of Chapter 393. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIlVIE 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 6 of 6 .V RECEIVED JANH 3 12006 Issuance Date: November 16, 2005 CITY OF RENTON Effective Date: December 16, 2005 UTILITY SYS 1,itisS Expiration Date: December 16, 2010 CONSTRUCTION STORMWATER GENERAL PERMIT National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated With Construction Activity State of Washington Department of Ecology Olympia, Washington 98504-7600 In compliance with the provisions of The State of Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq. Until this permit expires, is modified or revoked, Permittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions which follow. CIP�� S•v,Qzc;nc David C. Peeler, Manager Water Quality Program Washington State Department of Ecology Page 2 of 46 TABLE OF CONTENTS SUMMARY OF PERMIT REPORT SUBMITTALS.....................................................................3 SUMMARY OF REQUIRED ON SITE DOCUMENTATION.....................................................3 SPECIAL CONDITIONS S1. PERMIT COVERAGE........................................................................................................4 S3. COMPLIANCE WITH STANDARDS...............................................................................9 S4. MONITORING. REQUIREMENTS..................................................................................10 S5. REPORTING AND RECORDKEEPING REQUIREMENTS.........................................15 S6. PERMIT FEES...................................................................................................................18 ST SOLID AND LIQUID WASTE DISPOSAL....................................................................18 S8. DISCHARGES TO 303(d) OR TMDL WATERBODIES................................................18 S9. STORMWATER POLLUTION PREVENTION PLAN...................................................21 S10. NOTICE OF TERMINATION..........................................................................................29 GENERALCONDITIONS...........................................................................................................30 G1. DISCHARGE VIOLATIONS...........................................................................................30 G2. SIGNATORY REQUIREMENTS ......... :........................................................................... 30 G3. RIGHT OF INSPECTION AND ENTRY.........................................................................31 G4. GENERAL PERMIT MODIFICATION AND REVOCATION......................................31 G5. REVOCATION OF COVERAGE UNDER THE PERMIT.............................................31 G6. REPORTING A CAUSE FOR MODIFICATION............................................................32 G7. COMPLIANCE WITH OTHER LAWS AND STATUTES.............................................32 G8. DUTY TO REAPPLY.......................................................................................................32 G9. TRANSFER OF GENERAL PERMIT COVERAGE.......................................................32 G10. REMOVED SUBSTANCES.............................................................................................33 G11. DUTY TO PROVIDE INFORMATION...........................................................................33 G12. OTHER REQUIREMENTS OF 40 CFR...........................................................................33 G13. ADDITIONAL MONITORING........................................................................................33 G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS.............................................33 G15. UPSET...............................................................................................................................34 G16. PROPERTY RIGHTS........................................................................................................34 G17. DUTY TO COMPLY........................................................................................................34 G18. TOXIC POLLUTANTS.....................................................................................................34 G19. PENALTIES FOR TAMPERING.....................................................................................35 G20. REPORTING PLANNED CHANGES..............................................................................35 G21. REPORTING OTHER INFORMATION..........................................................................35 0 U Page 3 of 46 G22. REPORTING ANTICIPATED NON-COMPLIANCE.....................................................35 G23. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT .......... 36 G24. APPEALS..........................................................................................................................36 G25. SEVERABILITY...............................................................................................................36 G26. BYPASS PROHIBITED....................................................................................................36 APPENDIX A — DEFINITIONS...................................................................................................39 APPENDIX B — ACRONYMS.....................................................................................................46 SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General Conditions for additional submittal requirements. Permit Submittal Frequency First Submittal Date Section S5.A High Turbidity/Transparency Phone As Necessary Within 24 hours Reporting S5.13 Discharge Monitoring Report Monthly Within 15 days after the applicable monitoring period S5.17 Noncompliance Notification As necessary Immediately S51 Noncompliance Notification — Written As necessary Within 5 Days of non - Report compliance G2. Notice of Change in Authorization As necessary G6. Permit Application for Substantive As necessary Changes to the Discharge G8. Application for Permit Renewal 1/permit cycle No later than 180 days before expiration G9. Notice of Permit Transfer As necessary G20. Notice of Planned Changes As necessary G22. Reporting Anticipated Non-compliance As necessary SUMMARY OF REQUIRED ON SITE DOCUMENTATION Permit Conditions Document Title Conditions S2, S5 Permit Coverage Letter Conditions S2, S5 Construction Stormwater General Permit Conditions S4, S5 Site Log Book Conditions S9, SS I Stormwater Pollution Prevention Plan SWPPP Page 4 of 46 SPECIAL CONDITIONS S1. PERMIT COVERAGE A. Permit Area This general permit covers all areas of Washington State, except for federal and tribal lands specified in S l .D.3. B. Operators Required to Seek Coverage Under this General Permit: Operators of the following construction activities are required to seek coverage under this permit: a. Clearing, grading and/or excavation which results in the disturbance of one or more acres, and discharges stormwater to surface waters of the state; and clearing, grading and/or excavation on sites smaller than one acre which are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more, and discharges stormwater to surface waters of the state. This includes forest practices that are part of a construction activity that will result in the disturbance of one or more acres, and discharges to surface waters of the state (i.e., forest practices which are preparing a site for construction activities); and b. Any size construction activity discharging stormwater to waters of the state which the Department of Ecology (Ecology): i. Determines to be a significant contributor of pollutants to waters of the state of Washington, or ii. Reasonably expects to cause a violation of any water quality standard. 2. Operators of the following activities are not required to seek coverage under this permit, unless specifically required under Condition S I.B. Lb. (Significant Contributor): a. Construction activities which discharge all stormwater and non-stormwater to ground water, and have no point source discharge to surface water or a storm sewer system that drains to surface waters of the state; b. Construction activities covered under an Erosivity Waiver (Condition S2.C); c. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. Page 5 of 46 C. Authorized Discharges: Stormwater Associated with Construction Activity. Subject to compliance with the terms and conditions of this permit, Permittees are authorized to discharge stormwater associated with construction activity to surface waters of the state or to a storm sewer system that drains to surface waters of the state. 2. Stormwater Associated with Construction Support Activitv. This permit also authorizes stormwater discharges from support activities related to the permitted construction site (e.g., off -site equipment staging yards, material storage areas, borrow areas, etc.) provided: a. The support activity is directly related to the permitted construction site that is required to have an NPDES permit; and b. The support activity is not a commercial operation serving multiple unrelated construction projects, and does not operate beyond the completion of the construction activity; and c. Appropriate controls and measures are identified in the Stormwater Pollution Prevention Plan (SWPPP)for the discharges from the support activity areas. 3. Non-Stormwater Discharges. The categories and sources of non-stormwater discharges identified below are conditionally authorized, provided the discharge is consistent with the terms and conditions of this permit: a. Discharges from fire fighting activities; b. Fire hydrant system flushing; c. Potable water including uncontaminated water line flushing (de -chlorinated); d. Pipeline hydrostatic test water; e. Uncontaminated air conditioning or compressor condensate; f. Uncontaminated ground water or spring water; g. Uncontaminated excavation de -watering (in accordance with S9.D.10) h. Uncontaminated discharges from foundation or footing drains; i. Water used to control dust; j. Routine external building wash down that does not use detergents; and k. Landscape irrigation. Page 6 of 46 All authorized non-stormwater discharges, except for discharges from fire fighting activities, shall be adequately addressed in the SWPPP and comply with Special Condition S3. D. Limitations on Coverage The Director may require any discharger to apply for and obtain coverage under an individual permit or another more specific general permit. Such alternative coverage will be required when Ecology determines that this general permit does not provide adequate assurance that water quality will be protected; or there is a reasonable potential for the project to cause or contribute to a violation of water quality standards. The following stormwater discharges are not covered by this permit: 1. Post -construction stormwater discharges that originate from the site after construction activities have been completed and the site has undergone final stabilization. 2. Nonpoint source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff as excluded in 40 CFR Subpart 122.27. 3. Stormwater from any federal project or project on federal land or land within an Indian Reservation except for the Puyallup Reservation. Within the Puyallup Reservation, any project that discharges to surface water on land held in trust by the federal government may be covered by this permit. 4. Stormwater from any site covered under an existing NPDES individual permit in which stormwater management and/or treatment requirements are included for all stormwater discharges associated with construction activity. 5. Where an applicable Total Maximum Daily Load (TMDL) specifically precludes or prohibits discharges from construction activity, the operator is not eligible for coverage under this permit. S2. APPLICATION REQUIREMENTS A. Permit Application Forms 1. Notice of Intent Form/Timeline a. Operators of new or previously unpermitted construction activities shall submit a complete and accurate permit application form [Notice of Intent (NOI)] to Ecology. Applicants are encouraged to use Ecology's internet-based electronic NOI to apply for permit coverage. b. The NOI shall be submitted on or before the date of the first public notice (see Condition S2.13 below) and at least 60 days prior to the discharge of stormwater Page 7 of 46 from construction activities. The 30-day public comment period required by WAC 173-226-130(5) begins on the publication date of the second public notice. Unless Ecology responds to the complete application in writing, based on public comments, or any other relevant factors, coverage under the general permit will automatically commence on the thirty-first day following receipt by Ecology of a completed NOI, or the issuance date of this permit, whichever is later; unless a later date is specified by Ecology in writing. c. Applicants that discharge to a storm sewer system operated by Seattle, King County, Snohomish County, Tacoma, Pierce County, or Clark County shall also submit a copy of the NOI to the appropriate jurisdiction. 2. Transfer of Coverage Form Current coverage under this permit may be transferred to one or more new operators, including operators of sites within a Common Plan of Development, by submitting a Transfer of Coverage Form in accordance with Condition G9. Transfers do not require public notice. B. Public Notice For new or previously unpermitted sites, the applicant shall publish a public notice at least one time each week for two consecutive weeks, with a 7-day time span between dates, in a newspaper that has general circulation in the county in which the construction is to take place. The notice shall contain the following: 1. A statement that "The applicant is seeking coverage under the Washington State Department of Ecology's Construction Stormwater NPDES and State Waste Discharge General Permit"; 2. The name, address and location of the construction site; 3. The name and address of the applicant; 4. The type of construction activity that will result in a discharge, (e.g., residential construction, commercial construction, etc.) and the number of acres to be disturbed; 5. The name of the receiving water(s) (i.e., the surface water(s) that the site will discharge to), or if the discharge is through a storm sewer system, the name of the operator of the storm sewer; and 6. The statement: "Any person desiring to present their views to the Department of Ecology regarding this application, or interested in the Department's action on this application may notify the Department of Ecology in writing within 30 days of the last date of publication of this notice. Comments can be submitted to: Department of Ecology, P.O. Box 47696, Olympia, WA 98504-7696, Attn: Water Quality Program, Construction Stormwater". Page 8 of 46 C. Erosivity Waiver Operators may qualify for a waiver from the permit if the following conditions are met: The site will result in the disturbance of less than 5 acres; and the site is not a portion of a common plan of development or sale that will disturb 5 acres or greater. 2. Calculation of Erosivity "R" Factor and Regional Timeframe: a. The project's rainfall erosivity factor ("R" Factor) must be less than 5 during the period of construction activity, as calculated using the Texas A&M University online rainfall erosivity calculator at: http:Hei.tainii.edu/. The period of construction activity begins at initial earth disturbance and ends with final stabilization; and, in addition: b. The entire period of construction activity must fall within the following timeframes: i. For sites west of the Cascades Crest: June 15 — September 15; or ii. For sites east of the Cascades Crest, excluding the Central Basin: June 15 — October 15; or iii. For sites east of the Cascades Crest, within the Central Basin*: no additional timeframe restrictions apply. *Note: The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. 3. Operators must submit a complete Erosivity Waiver Certification Form at least one week prior to commencing land disturbing activities. Certification must include: a. A statement that the operator will comply with applicable local stormwater requirements; and b. A statement that the operator will implement appropriate erosion and sediment control BMPs to prevent violations of water quality standards. 4. This waiver is not available for facilities declared a significant contributor of pollutants as defined in Condition S I.B. l.b. 5. This waiver does not apply to construction activity which includes non-stormwater discharges listed in S1.C.3. 6. If construction activity extends beyond the certified waiver period for any reason, the operator shall either: Page 9 of 46 a. Recalculate the rainfall erosivity "R" factor using the original start date and a new projected ending date and, if the "R" factor is still under 5 and the entire project falls within the applicable regional timeframe in S2.C.2.b, complete and submit an amended waiver certification form before the original waiver expires; or b. Submit a complete permit application to Ecology in accordance with Condition S2.A and B before the end of the certified waiver period. S3. COMPLIANCE WITH STANDARDS A. Discharges shall not cause or contribute to a violation of surface water quality standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-204 WAC), and human health -based criteria in the National Toxics Rule (40 CFR Part 131.36). Discharges that are not in compliance with these standards are not authorized. B. Prior to the discharge of stormwater and non-stormwater to waters of the state, the Permittee shall apply all known, available, and reasonable methods of prevention, control, and treatment (AKART). This includes the preparation and implementation of an adequate Stormwater Pollution Prevention Plan (SWPPP), with all appropriate best management practices (BMPs) installed and maintained in accordance with the SWPPP and the terms and conditions of this permit. C. Compliance with water quality standards shall be presumed, unless discharge monitoring data or other site specific information demonstrates that a discharge causes or contributes to a violation of water quality standards, when the Permittee is: 1. In full compliance with all permit conditions, including planning, sampling, monitoring, reporting, and recordkeeping conditions; and 2. Fully implementing stormwater BMPs contained in stormwater management manuals published or approved by Ecology, or BMPs that are demonstrably equivalent to BMPs contained in stormwater technical manuals published or approved by Ecology, including the proper selection, implementation, and maintenance of all applicable and appropriate BMPs for on -site pollution control. D. For sites that discharge to both surface water and ground water, all ground water discharges are also subject to the terms and conditions of this permit. Permittees who discharge to ground water through an injection well shall comply with any applicable requirements of the Underground Injection Control (UIC) regulations, Chapter 173-218 WAC. Page 10 of 46 S4. MONITORING REQUIREMENTS The primary monitoring requirements are summarized in Table 3 (below): Table 3 Summary of Monitoring Requirements' Size of Soil Disturbance Weekly Weekly Weekly Weekly Site Sampling w/ Sampling w/ pH Inspections Turbidity Meter Transparency sampling3 Tube Sites which disturb less than 1 Required Not Required Not Required Not acre I Required Sites which disturb 1 acre or Required Sampling Requir4ed — either Required more, but less than 5 acres method Sites which disturb 5 acres or Required Required Not Required5 Required more A. Site Lofz Book The Permittee shall maintain a site log book that contains a record of the implementation of the SWPPP and other permit requirements including the installation and maintenance of BMPs, site inspections, and stormwater monitoring. B. Site Inspections 1. Site inspections shall include all areas disturbed by construction activities, all BMPs, and all stormwater discharge points. Stormwater shall be visually examined for the ` Additional monitoring requirements may apply for: 1) discharges to 303(d) listed waterbodies and waterbodies with applicable TMDLs for turbidity, fine sediment, high pH, or phosphorus - see Condition S8; and 2) sites required to perform additional monitoring by Ecology order — see Condition G13. 2 Soil disturbance is calculated by adding together all areas affected by construction activity. Construction Activity means clearing, grading, excavation, and any other activity which disturbs the surface of the land, including ingress/egress from the site. 3 Beginning October 1, 2006, if construction activity involves significant concrete work or the use of engineered soils, and stormwater from the affected area drains to a stormwater collection system or other surface water, the Permittee shall conduct pH sampling in accordance with Condition S4.D. 4 Beginning October 1, 2008, sites with one or more acres, but less than 5 acres of soil disturbance, shall conduct turbidity or transparency sampling in accordance with Condition S4.C. 5 Beginning October 1, 2006, sites greater than or equal to 5 acres of soil disturbance shall conduct turbidity sampling using a turbidity meter in accordance with Condition S4.C. Page 11 of 46 presence of suspended sediment, turbidity, discoloration, and oil sheen. Inspectors shall evaluate the effectiveness of BMPs and determine if it is necessary to install, maintain, or repair BMPs to improve the quality of stormwater discharges. Based on the results of the inspection, the Permittee shall correct the problems identified as follows: a. Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the inspection; and b. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days of the inspection; and c. Document BMP implementation and maintenance in the site log book. 2. The site inspections shall be conducted at least once every calendar week and within 24 hours of any discharge from the site. The inspection frequency for temporarily stabilized, inactive sites may be reduced to once every calendar month. 3. Site inspections shall be conducted by a person who is knowledgeable in the principles and practices of erosion and sediment control. The inspector shall have the skills to: a. Assess the site conditions and construction activities that could impact the quality of stormwater, and b. Assess the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. 4. Beginning October 1, 2006, construction sites one acre or larger that discharge stormwater to surface waters of the state, shall have site inspections conducted by a Certified Erosion and Sediment Control Lead (CESCL). The CESCL shall be identified in the SWPPP and shall be present on -site or on -call at all times. Certification shall be obtained through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C 160 in the Manual). 5. The inspector shall summarize the results of each inspection in an inspection report or checklist and be entered into, or attached to, the site log book. At a minimum, each inspection report or checklist shall include: a. Inspection date and time. b. Weather information; general conditions during inspection and approximate amount of precipitation since the last inspection, and within the last 24 hours. c. A summary or list of all BMPs which have been implemented, including observations of all erosion/sediment control structures or practices. d. The following shall be noted: i. locations of BMPs inspected, Page 12 of 46 ii. locations of BMPs that need maintenance, iii. the reason maintenance is needed, iv. locations of BMPs that failed to operate as designed or intended, and v. locations where additional or different BMPs are needed, and the reason(s) why. e. A description of stormwater discharged from the site. The inspector shall note the presence of suspended sediment, turbid water, discoloration, and/or oil sheen, as applicable. f. Any water quality monitoring performed during inspection. g. General comments and notes, including a brief description of any BMP repairs, maintenance or installations made as a result of the inspection. h. A statement that, in the judgment of the person conducting the site inspection, the site is either in compliance or out of compliance with the terms and conditions of the SWPPP and the permit. If the site inspection indicates that the site is out of compliance, the inspection report shall include a summary of the remedial actions required to bring the site back into compliance, as well as a schedule of implementation. i. Name, title, and signature of the person conducting site inspection; and the following statement: "I certify that this report is true, accurate, and complete, to the best of my knowledge and belief'. C. Turbidi /Transparency Sampling Requirements 1. Sampling Methods/Effective Dates a. Beginning October 1, 2006, if construction activity will involve the disturbance of 5 acres or more, the Permittee shall conduct turbidity sampling per Condition S4.C. b. Beginning October 1, 2008, if construction activity will involve greater than or equal to 1 acre, but less than 5 acres of soil disturbance, the Permittee shall conduct transparency sampling or turbidity sampling per Condition S4.C. 2. Sampling Frequency a. Sampling shall be conducted at least once every calendar week, when there is a discharge of stormwater (or authorized non-stormwater) from the site. Samples shall be representative of the flow and characteristics of the discharge. b. When there is no discharge during a calendar week, sampling is not required. c. Sampling is not required outside of normal working hours or during unsafe conditions. If a Permittee is unable to sample during a monitoring period, the Discharge Monitoring Report (DMR) shall include a brief explanation. Page 13 of 46 3. Sampling Locations a. Sampling is required at all discharge points where stormwater (or authorized non- stormwater) is discharged off -site. b. All sampling point(s) shall be identified on the SWPPP site map and be clearly marked in the field with a flag, tape, stake or other visible marker. 4. Sampling and Analysis Methods a. Turbidity analysis shall be performed with a calibrated turbidity meter (turbidimeter), either on -site or at an accredited lab. The results shall be recorded in the site log book in Nephelometric Turbidity Units (NTU). b. Transparency analysis shall be performed on -site with a 1 3/4 inch diameter, 60 centimeter (cm) long Transparency Tube. The results shall be recorded in the site log book in centimeters (cm). Transparency Tubes are available from: http:Hwatennonitoringegu.ip.com/L)a�zes/stTeam.html Analytical Sampling' Benchmark Value Parameter Units Method Frequency Turbidity NTU SM2130 or Weekly, if 25 NTU EPA180.1 discharging Transparency cm Manufacturer Weekly, if 31 cm instructions, or discharging Ecology Guidance 5. Turbidity/Transparency Benchmark Values The benchmark value for turbidity is 25 NTU (Nephelometric Turbidity Units); and the benchmark value for transparency is 31 cm. a. Turbidity 26 — 249 NTU, or Transparency 30 — 7 cm: If discharge turbidity is greater than 25 NTU, but less than 250 NTU; or if discharge transparency is less than 31 cm, but greater than 6 cm, the CESCL shall: i. Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the discharge that exceeded the benchmark; and ii. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but within 10 days of the discharge that exceeded the benchmark; and iii. Document BMP implementation and maintenance in the site log book. b. Turbidity 250 NTU or greater, or Transparency 6 cm or less: Page 14 of 46 If discharge turbidity is greater than or equal to 250 NTU; or if discharge transparency is less than or equal to 6 cm, the CESCL shall: i. Notify Ecology by phone in accordance with Condition S5.A.; and ii. Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the discharge that exceeded the benchmark; and iii. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but within 10 days of the discharge that exceeded the benchmark; iv. Document BMP implementation and maintenance in the site log book; and v. Continue to sample discharges daily until: 1. turbidity is 25 NTU (or lower); or 2. transparency is 31 cm (or greater); or 3. the CESCL has demonstrated compliance with the water quality standard for turbidity: a. no more than 5 NTU over background turbidity, if background is less than 50 NTU, or b. no more than 10% over background turbidity, if background is 50 NTU or greater; or 4. the discharge stops or is eliminated. D. vH Monitoring: Sites with Significant Concrete Work or Engineered Soils Beginning October 1, 2006, if construction activity will result in the disturbance of 1 acre or more, and involves significant concrete work or the use of engineered soils, and stormwater from the affected area drains to surface waters of the state or to a storm sewer system that drains to surface waters of the state, the Permittee shall conduct pH monitoring as set forth below: 1. For sites with significant concrete work, the pH monitoring period shall commence when the concrete is first exposed to precipitation and continue weekly until stormwater pH is 8.5 or less. a. "Significant concrete work" means greater than 1000 cubic yards poured concrete or recycled concrete. 2. For sites with engineered soils, the pH monitoring period shall commence when the soil amendments are first exposed to precipitation and shall continue until the area of engineered soils is fully stabilized. Page 15 of 46 a. "Engineered soils" means soil amendments including, but not limited, to Portland cement treated base (CTB), cement kiln dust (CKD), or fly ash. 3. During the pH monitoring period, the Permittee shall obtain a representative sample of stormwater and conduct pH analysis at least once per week. 4. The Permittee shall monitor pH in the sediment trap/pond(s) or other locations that receive stormwater runoff from the area of significant concrete work or engineered soils prior to discharge to surface waters. 5. The benchmark value for pH is 8.5 standard units. Any time sampling indicates that pH is 8.5 or greater, the Permittee shall: a. Prevent the high pH water (8.5 or above) from entering storm sewer systems or surface waters; and b. If necessary, adjust or neutralize the high pH water using an appropriate treatment BMP such as CO2 sparging or dry ice. The Permittee shall obtain written approval from Ecology prior to using any form of chemical treatment other than CO2 sparging or dry ice. 6. The Permittee shall perform pH analysis on -site with a calibrated pH meter, pH test kit, or wide range pH indicator paper. The Permittee shall record pH monitoring results in the site log book. S5. REPORTING AND RECORDKEEPING REQUIREMENTS A. High Turbidity Phone Reporting Any time sampling performed in accordance with Special Condition S4.0 indicates turbidity is 250 NTU or greater (or transparency is 6 cm or less) the Permittee shall notify the appropriate Ecology regional office by phone within 24 hours of analysis. B. Discharge Monitoring Reports 1. Permittees required to conduct water quality sampling in accordance with Special Conditions SAC (Turbidity/Transparency), S4.D (pH) and/or S8 [303(d)/TMDL sampling] shall submit the results to Ecology monthly on Discharge Monitoring Report (DMR) forms provided by Ecology. Permittees are authorized and encouraged to submit electronic DMRs using the "E- DMR Form" on Ecology's Construction Stormwater web site: littp:,%/w,sv,,v. ecy.wa. gov/pro grams/wct/stormwatei•/co nstniction;`. 2. The Permittee shall submit DMR forms electronically or by mail to be received by Ecology within 15 days following the end of each month. If there was no discharge during a given monitoring period, the Permittee shall submit the form as required with the words "no discharge" entered in place of the monitoring results. If the Permittee is unable to submit discharge monitoring reports electronically, the Permittee may mail reports to the address listed below: Page 16 of 46 Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, Washington 98504-7696 C. Records Retention The Permittee shall retain records of all monitoring information (site log book, sampling results, inspection reports/checklists, etc.), Stormwater Pollution Prevention Plan, and any other documentation of compliance with permit requirements during the life of the construction project and for a minimum of three years following the termination of permit coverage. Such information shall include all calibration and maintenance records, and records of all data used to complete the application for this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. D. Recordiniz of Results For each measurement or sample taken, the Permittee shall record the following information: 1. Date, place, method, and time of sampling or measurement; 2. The individual who performed the sampling or measurement; 3. The dates the analyses were performed; 4. The individual who performed the analyses; 5. The analytical techniques or methods used; and 6. The results of all analyses. E. Additional Monitorinfz by the Permittee If the Permittee monitors any pollutant more frequently than required by this permit using test procedures specified by Condition S4 of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Permittee's DMR. F. Noncompliance Notification In the event the Permittee is unable to comply with any of the terms and conditions of this permit which may cause a threat to human health or the environment, the Permittee shall: 1. Immediately notify Ecology of the failure to comply. 2. Immediately take action to prevent the discharge/pollution, or otherwise stop or correct the noncompliance, and, if applicable, repeat sampling and analysis of any noncompliance immediately and submit the results to Ecology within five (5) days after becoming aware of the violation. Page 17 of 46 Submit a detailed written report to Ecology within five (5) days, unless requested earlier by Ecology. The report shall contain a description of the noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply. G. Access to Plans and Records 1. The Permittee shall retain the following permit documentation (plans and records) on - site, or within reasonable access to the site, for use by the operator; or on -site review by Ecology or the local jurisdiction: a. General Permit; b. Permit Coverage Letter; c. Stormwater Pollution Prevention Plan (SWPPP); and d. Site Log Book 2. The Permittee(s) shall address written requests for plans and records listed above (Condition S5.G.1) as follows: a. A copy of plans and records shall be provided to Ecology within 14 days of receipt of a written request from Ecology. b. A copy of plans and records shall be provided to the public when requested in writing. Upon receiving a written request from the public for the Permittee's plans and records, the Permittee shall either: i. Provide a copy of the plans and records to the requestor within 14 days of a receipt of the written request; or ii. Notify the requestor within 10 days of receipt of the written request of the location and times within normal business hours when the plans and records may be viewed, and provide access to the plans and records within 14 days of receipt of the written request; or iii. Within 14 days of receipt of the written request, the Permittee may submit a copy of the plans and records to Ecology for viewing and/or copying by the requestor at an Ecology office, or a mutually agreed upon location. If plans and records are viewed and/or copied at a location other than at an Ecology office, the Permittee will provide reasonable access to copying services for which a reasonable fee may be charged. The Permittee shall notify the Page 18 of 46 requestor within 10 days of receipt of the request where the plans and records may be viewed and/or copied. S6. PERMIT FEES The Permittee shall pay permit fees assessed by Ecology. Fees for stormwater discharges covered under this permit shall be established by Chapter 173-224 WAC. Permit fees will continue to be assessed until the permit is terminated in accordance with Special Condition S 10 or revoked in accordance with General Condition G5. S7. SOLID AND LIQUID WASTE DISPOSAL Solid and liquid wastes generated by construction activity such as demolition debris, construction materials, contaminated materials, and waste materials from maintenance activities, including liquids and solids from cleaning catch basins and other stormwater facilities, shall be handled and disposed of in accordance with: 1. Special Condition S3, Compliance with Standards, and 2. WAC 173-216-110, and other applicable regulations. S8. DISCHARGES TO 303(D) OR TMDL WATERBODIES A. Sampling and Numeric Effluent Limitations For Discharges to 303(d)-listed Waterbodies 1.Permittees that discharge to water bodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorus, shall conduct water quality sampling according to the requirements of this section. 2. All references and requirements associated with Section 303(d) of the Clean Water Act mean the most current listing by Ecology of impaired waters that exists on November 16, 2005, or the date when the operator's complete permit application is received by Ecology, whichever is later. B. Discharges to 303(d)-Listed Waterbodies (Turbidity, Fine Sediment, or Phosphorus) 1. Permittees which discharge to waterbodies on the 303(d) list for turbidity, fine sediment, or phosphorus shall conduct turbidity sampling at the following locations to evaluate compliance with the water quality standard for turbidity: a. Background turbidity shall be measured in the 303(d)-listed receiving water immediately upstream (upgradient) or outside the area of influence of the discharge; and b. Discharge turbidity shall be measured at the point of discharge into the 303(d) listed receiving waterbody, inside the area of influence of the discharge; or Page 19 of 46 Alternatively, discharge turbidity may be measured at the point where the discharge leaves the construction site, rather than in the receiving waterbody. 2. Based on sampling, if the discharge turbidity exceeds the water quality standard for turbidity (more than 5 NTU over background turbidity when the background turbidity is 50 NTU or less, or more than a 10% increase in turbidity when the background turbidity is more than 50 NTU), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for turbidity. 3. If a future discharge exceeds the water quality standard for turbidity, the Permittee shall: a. Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the discharge that exceeded the standard; b. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but within 10 days of the discharge that exceeded the standard; c. Document BMP implementation and maintenance in the site log book; d. Notify the appropriate Ecology Regional Office by phone within 24 hours of analysis; e. Continue to sample daily until discharge turbidity meets the water quality standard for turbidity. C. Discharges to waterbodies on the 303(d) list for High pH I . Permittees which discharge to waterbodies on the 303(d) list for high pH shall conduct sampling at one of the following locations to evaluate compliance with the water quality standard for pH (in the range of 6.5 — 8.5): a. pH shall be measured at the point of discharge into the 303(d) listed waterbody, inside the area of influence of the discharge; or b. Alternatively, pH may be measured at the point where the discharge leaves the construction site, rather than in the receiving water. 2. Based on the sampling set forth above, if the pH exceeds the water quality standard for pH (in the range of 6.5 — 8.5), all future discharges shall comply with a numeric effluent limit which is equal to the water quality standard for pH. 3. If a future discharge exceeds the water quality standard for pH, the Permittee shall: a. Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the discharge that exceeded the water quality standard; Page 20 of 46 b. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but within 10 days of the discharge that exceeded the standards; c. Document BMP implementation and maintenance in the site log book; d. Notify the appropriate Ecology Regional Office by phone within 24 hours of analysis; and e. Continue to sample daily until discharge meets the water quality standard for pH (in the range of 6.5 — 8.5) or the discharge stops or is eliminated. Parameter identified in 303;(d) listing Parameter/`Units Analytical Method Sampling Frequency Water Quality Standard Turbidity Turbidity/NTU SM2130 or Weekly, if If background is 50 Fine Sediment EPA180.1 discharging NTU or less: 5 NTU Phosphorus over background; or If background is more than 50 NTU: 10% over background High pH pH/Standard pH meter Weekly, if In the range of Units discharging 6.5 — 8.5 D. Sampling and Limitations For Sites Discharging to Applicable TMDLs 1. Discharges to a waterbodies subject to an applicable Total Maximum Daily Load (TMDL) for turbidity, fine sediment, high pH, or phosphorus, shall be consistent with the assumptions and requirements of the TMDL. a. Where an applicable TMDL sets specific waste load allocations or requirements for discharges covered by this permit, discharges shall be consistent with any specific waste load allocations or requirements established by the applicable TMDL. ii. The Permittee shall sample discharges weekly, or as otherwise specified by the TMDL, to evaluate compliance with the specific waste load allocations or requirements. iii. Analytical methods used to meet the monitoring requirements shall conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136. Turbidity and pH methods Page 21 of 46 need not be accredited or registered unless conducted at a laboratory which must otherwise be accredited or registered. b. Where an applicable TMDL has established a general waste load allocation for construction stormwater discharges, but no specific requirements have been identified, compliance with Conditions S4 (Monitoring) and S9 (SWPPPs) will be assumed to be consistent with the approved TMDL. c. Where an applicable TMDL has not specified a waste load allocation for construction stormwater discharges, but has not excluded these discharges, compliance with Conditions S4 (Monitoring) and S9 (SWPPPs) will be assumed to be consistent with the approved TMDL. d. Where an applicable TMDL specifically precludes or prohibits discharges from construction activity, the operator is not eligible for coverage under this permit. 2. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus, which has been completed and approved by EPA prior to November 16, 2005, or prior to the date the operator's complete permit application is received by Ecology, whichever is later. TMDLs completed after the operator's complete permit application is received by Ecology become applicable to the Permittee only if they are imposed through an administrative order by Ecology, or through a modification of permit coverage. S9. STORMWATER POLLUTION PREVENTION PLAN An adequate Stormwater Pollution Prevention Plan (SWPPP) for construction activity shall be prepared and implemented in accordance with the requirements of this permit beginning with initial soil disturbance and until final stabilization. A. The SWPPP shall meet the following objectives: 1. To implement Best Management Practices (BMPs) to prevent erosion and sedimentation, and to identify, reduce, eliminate or prevent stormwater contamination and water pollution from construction activity. 2. To prevent violations of surface water quality, ground water quality, or sediment management standards. 3. To control peak volumetric flow rates and velocities of stormwater discharges. B. General Requirements 1. The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative shall include documentation to explain and justify the pollution prevention decisions made for the project. Documentation shall include: a. Information about existing site conditions (topography, drainage, soils, vegetation, etc.); Page 22 of 46 b. Potential erosion problem areas; c. The 12 elements of a SWPPP in S9.D.1-12, including BMPs used to address each element; d. Construction phasing/sequence and general BMP implementation schedule; e. The actions to be taken if BMP performance goals are not achieved; and f. Engineering calculations for ponds and any other designed structures. 2. The Permittee shall modify the SWPPP if, during inspections or investigations conducted by the owner/operator, or the applicable local or state regulatory authority, it is determined that the SWPPP is, or would be, ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the site. The Permittee shall take the following actions: Review the SWPPP for compliance with Condition S9 and make appropriate revisions within 7 days of the inspection or investigation; b. Fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, but no later than 10 days from the inspection or investigation; and c. Document BMP implementation and maintenance in the site log book. 3. The Permittee shall modify the SWPPP whenever there is a change in design, construction, operation, or maintenance at the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the state. C. Stormwater Best Management Practices (BMPs) BMPs shall be consistent with: Stormwater Management Manual for Western Washington (most recent edition), for sites west of the crest of the Cascade Mountains; 2. Stormwater Management Manual for Eastern Washington (most recent edition), for sites east of the crest of the Cascade Mountains; or 3. Other stormwater management guidance documents or manuals which provide an equivalent level of pollution prevention and are approved by Ecology; or 4. Documentation in the SWPPP that the BMPs selected provides an equivalent level of pollution prevention, compared to the applicable Stormwater Management Manuals, including: Page 23 of 46 a. The technical basis for the selection of all stormwater BMPs (scientific, technical studies, and/or modeling) which support the performance claims for the BMPs being selected; and b. An assessment of how the selected BMP will satisfy AKART requirements and the applicable federal technology -based treatment requirements under 40 CFR part 125.3. D. SWPPP — Narrative Contents and Requirements The Permittee shall include each of the 12 elements below in S9.D.1-12 in the narrative of the SWPPP and ensure that they are implemented unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the SWPPP. 1. Preserve Vegetation/Mark Clearing Limits a. Prior to beginning land disturbing activities, including clearing and grading, clearly mark all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area. b. The duff layer, native top soil, and natural vegetation shall be retained in an undisturbed state to the maximum degree practicable. 2. Establish Construction Access a. Construction vehicle access and exit shall be limited to one route, if possible. b. Access points shall be stabilized with a pad of quarry spalls, crushed rock, or other equivalent BMP, to minimize the tracking of sediment onto public roads. Wheel wash or tire baths shall be located on site, if the stabilized construction entrance is not effective in preventing sediment from being tracked onto public roads. d. If sediment is tracked off site, public roads shall be cleaned thoroughly at the end of each day, or more frequently during wet weather. Sediment shall be removed from roads by shoveling or pickup sweeping and shall be transported to a controlled sediment disposal area. Street washing is allowed only after sediment is removed in accordance with S9.D.2.d. Street wash wastewater shall be controlled by pumping back on site or otherwise be prevented from discharging into systems tributary to waters of the state. 3. Control Flow Rates a. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the velocity and peak volumetric flow rate of stormwater runoff from the project site, as required by local plan approval authority. Page 24 of 46 b. Where necessary to comply with S9.13.3.a., stormwater retention or detention facilities shall be constructed as one of the first steps in grading. Detention facilities shall be functional prior to construction of site improvements (e.g., impervious surfaces). c. If permanent infiltration ponds are used for flow control during construction, these facilities shall be protected from siltation during the construction phase. 4. Install Sediment Controls a. Stormwater runoff from disturbed areas shall pass through a sediment pond or other appropriate sediment removal BMP, prior to leaving a construction site or prior to discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but shall meet the flow control performance standard of S9.D.3.a. b. Sediment control BMPs (sediment ponds, traps, filters, etc.) shall be constructed as one of the first steps in grading. These BMPs shall be functional before other land disturbing activities take place. c. BMPs intended to trap sediment on site shall be located in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off - channel areas or drainages. 5. Stabilize Soils a. Exposed and unworked soils shall be stabilized by application of effective BMPs that prevent erosion. Applicable BMPs include, but are not limited to: temporary and permanent seeding, sodding, mulching, plastic covering, erosion control fabrics and matting, soil application of polyacrylamide (PAM), the early application of gravel base on areas to be paved, and dust control. b. Depending on the geographic location of the project, no soils shall remain exposed and unworked for more than the time periods set forth below to prevent erosion: West of the Cascade Mountains Crest During the dry season (May 1 - Sept. 30): 7 days During the wet season (October 1 - April 30): 2 days East of the Cascade Mountains Crest, except for Central Basin* During the dry season (July 1 - September 30): 10 days During the wet season (October 1 - June 30): 5 days The Central Basin*, East of the Cascade Mountains Crest During the dry Season (July 1 - September 30): 30 days During the wet season (October 1 - June 30): 15 days *Note: The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. Page 25 of 46 The time period may be adjusted by a local jurisdiction, if the jurisdiction can show that local precipitation data justify a different standard. c. Soils shall be stabilized at the end of the shift before a holiday or weekend if needed based on the weather forecast. d. Soil stockpiles shall be stabilized from erosion, protected with sediment trapping measures, and where possible, be located away from storm drain inlets, waterways, and drainage channels. 6. Protect Slopes a. Design and construct cut and fill slopes in a manner that will minimize erosion. Applicable practices include, but are not limited to, reducing continuous length of slope with terracing and diversions, reducing slope steepness, and roughening slope surfaces (e.g., track walking). b. Off -site stormwater (run-on) or groundwater shall be diverted away from slopes and disturbed areas with interceptor dikes, pipes, and/or swales. Off -site stormwater should be managed separately from stormwater generated on the site. c. At the top of slopes, collect drainage in pipe slope drains or protected channels to prevent erosion. i. West of the Cascade Mountains Crest: Temporary pipe slope drains shall handle the peak 10-minute velocity of flow from a Type IA, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1- hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis shall use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis shall use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the WWHM to predict flows, bare soil areas should be modeled as "landscaped area." ii. East of the Cascade Mountains Crest: Temporary pipe slope drains shall handle the expected peak flow velocity from a 6-month, 3-hour storm for the developed condition, referred to as the short duration storm. d. Excavated material shall be placed on the uphill side of trenches, consistent with safety and space considerations. e. Check dams shall be placed at regular intervals within constructed channels that are cut down a slope. 7. Protect Drain Inlets a. All storm drain inlets made operable during construction shall be protected so that stormwater runoff does not enter the conveyance system without first being filtered or treated to remove sediment. Page 26 of 46 b. Inlet protection devices shall be cleaned or removed and replaced when sediment has filled one-third of the available storage (unless a different standard is specified by the product manufacturer). 8. Stabilize Channels and Outlets a. All temporary on -site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the following expected peak flows: West of the Cascade Mountains Crest: Channels shall handle the peak 10 minute velocity of flow from a Type IA, I0-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1-hour flow rate indicated by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis shall use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis shall use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the WWHM to predict flows, bare soil areas should be modeled as "landscaped area." ii. East of the Cascade Mountains Crest: Channels shall handle the expected peak flow velocity from a 6-month, 3-hour storm for the developed condition, referred to as the short duration storm. b. Stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes, and downstream reaches shall be provided at the outlets of all conveyance systems. 9. Control Pollutants a. All pollutants, including waste materials and demolition debris, that occur onsite shall be handled and disposed of in a manner that does not cause contamination of stormwater. b. Cover, containment, and protection from vandalism shall be provided for all chemicals, liquid products, petroleum products, and other materials that have the potential to pose a threat to human health or the environment. On -site fueling tanks shall include secondary containment. c. Maintenance, fueling, and repair of heavy equipment and vehicles shall be conducted using spill prevention and control measures. Contaminated surfaces shall be cleaned immediately following any spill incident. d. Wheel wash or tire bath wastewater shall be discharged to a separate on -site treatment system or to the sanitary sewer with local sewer district approval. e. Application of fertilizers and pesticides, shall be conducted in a manner and at application rates that will not result in loss of chemical to stormwater runoff. Manufacturers' label requirements for application rates and procedures shall be followed. Page 27 of 46 f. BMPs shall be used to prevent or treat contamination of stormwater runoff by pH modifying sources. These sources include, but are not limited to: bulk cement, cement kiln dust, fly ash, new concrete washing and curing waters, waste streams generated from concrete grinding and sawing, exposed aggregate processes, dewatering concrete vaults, concrete pumping and mixer washout waters. Permittees shall adjust the pH of stormwater if necessary to prevent violations of water quality standards. g. Permittees shall obtain written approval from Ecology prior to using chemical treatment, other than COZ or dry ice to adjust pH. 10. Control De -Watering a. Foundation, vault, and trench de -watering water, which have similar characteristics to stormwater runoff at the site, shall be discharged into a controlled conveyance system prior to discharge to a sediment trap or sediment pond. b. Clean, non -turbid de -watering water, such as well -point ground water, can be discharged to systems tributary to, or directly into surface waters of the state, as specified in S9.D.8, provided the de -watering flow does not cause erosion or flooding of receiving waters. Clean de -watering water should not be routed through stormwater sediment ponds. c. Other de -watering disposal options may include: i. infiltration ii. transport offsite in a vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters, iii. Ecology -approved on -site chemical treatment or other suitable treatment technologies, iv. sanitary sewer discharge with local sewer district approval, if there is no other option, or v. use of a sedimentation bag with outfall to a ditch or swale for small volumes of localized de -watering. d. Highly turbid or contaminated dewatering water shall be handled separately from stormwater. 11. Maintain BMPs a. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function in accordance with BMP specifications. b. All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Page 28 of 46 12. Manage the Project a. Development projects shall be phased to the maximum degree practicable and shall take into account seasonal work limitations. b. Inspection and Monitoring All BMPs shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function. Site inspections and monitoring shall be conducted in accordance with S4. c. Maintaining an Updated Construction SWPPP ,The SWPPP shall be maintained, updated, and implemented in accordance with Conditions S3, S4 and S9. E. SWPPP — Man Contents and Reauirements The SWPPP shall also include a vicinity map or general location map (e.g. USGS Quadrangle map, a portion of a county or city map, or other appropriate map) with enough detail to identify the location of the construction site and receiving waters within one mile of the site. The SWPPP shall also include a legible site map (or maps) showing the entire construction site. The following features shall be identified, unless not applicable due to site conditions: 1. The direction of north, property lines, and existing structures and roads; 2. Cut and fill slopes indicating the top and bottom of slope catch lines; 3. Approximate slopes, contours, and direction of stormwater flow before and after major grading activities; 4. Areas of soil disturbance and areas that will not be disturbed; 5. Locations of structural and nonstructural controls (BMPs) identified in the SWPPP 6. Locations of off -site material, stockpiles, waste storage, borrow areas, and vehicle/equipment storage areas; 7. Locations of all surface water bodies, including wetlands; 8. Locations where stormwater or non-stormwater discharges off -site and/or to a surface water body, including wetlands; 9. Location of water quality sampling station(s), if sampling is required by state or local permitting authority; and Page 29 of 46 10. Areas where final stabilization has been accomplished and no further construction - phase permit requirements apply. S10. NOTICE OF TERMINATION A. The site is eligible for termination when either of the following conditions have been met: The site has undergone final stabilization, all temporary BMPs have been removed, and all stormwater discharges associated with construction activity have been eliminated; or 2. All portions of the site which have not undergone final stabilization per S 10.A.1 have been sold and/or transferred (per Condition G9), and the Permittee no longer has operational control of the construction activity. B. When the site is eligible for termination, the Permittee shall submit a complete and accurate Notice of Termination (NOT) form, signed in accordance with General Condition G2, to: Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, Washington 98504-7696 C. The termination is effective on the date the NOT form was received by Ecology, unless the Permittee is notified by Ecology within 30 days that termination request is denied because the eligibility requirements in Condition S 10.A have not been met. Page 30 of 46 GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS All discharges and activities authorized by this general permit shall be consistent with the terms and conditions of this general permit. Any discharge of any pollutant more frequent than or at a level in excess of that identified and authorized by the general permit shall constitute a violation of the terms and conditions of this permit. G2. SIGNATORY REQUIREMENTS A. All permit applications shall bear a certification of correctness to be signed: 1. In the case of corporations, by a responsible corporate officer of at least the level of vice president of a corporation; 2. In the case of a partnership, by a general partner of a partnership; 3. In the case of sole proprietorship, by the proprietor; or 4. In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official. B. All reports required by this permit and other information requested by Ecology shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. The authorization is made in writing by a person described above and submitted to the Ecology. 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. C. Changes to authorization. If an authorization under paragraph G2.13.2 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph G2.13.2 above shall be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section shall make the following certification: "I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated Page 31 of 46 the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." G3. RIGHT OF INSPECTION AND ENTRY The Permittee shall allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law: A. To enter upon the premises where a discharge is located or where any records shall be kept under the terms and conditions of this permit. B. To have access to and copy - at reasonable times and at reasonable cost - any records required to be kept under the terms and conditions of this permit. C. To inspect - at reasonable times - any facilities, equipment (including monitoring and control equipment), practices, methods, or operations regulated or required under this permit. D. To sample or monitor - at reasonable times - any substances or parameters at any location for purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act. G4. GENERAL PERMIT MODIFICATION AND REVOCATION This permit may be modified, revoked and reissued, or terminated in accordance with the provisions of Chapter 173-226 WAC. Grounds for modification, revocation and reissuance, or termination include, but are not limited to, the following: A. When a change which occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit; B. When effluent limitation guidelines or standards are promulgated pursuant to the CWA or Chapter 90.48 RCW, for the category of dischargers covered under this permit; C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this permit is approved; or D. When information is obtained which indicates that cumulative effects on the environment from dischargers covered under this permit are unacceptable. G5. REVOCATION OF COVERAGE UNDER THE PERMIT Pursuant with Chapter 43.21B RCW and Chapter 173-226 WAC, the Director may terminate coverage for any discharger under this permit for cause. Cases where coverage may be terminated include, but are not limited to, the following: Page 32 of 46 A. Violation of any term or condition of this permit; B. Obtaining coverage under this permit by misrepresentation or failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; D. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090; E. A determination that the permitted activity endangers human health or the environment, or contributes to water quality standards violations; F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and Chapter 173-224 WAC; G. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226- 130(5), when applicable. The Director may require any discharger under this permit to apply for and obtain coverage under an individual permit or another more specific general permit. Permittees who have their coverage revoked for cause according to WAC 173-226-240 may request temporary coverage under this permit during the time an individual permit is being developed, provided the request is made within ninety (90) days from the time of revocation and is submitted along with a complete individual permit application form. G6. REPORTING A CAUSE FOR MODIFICATION The Permittee shall submit a new application, or a supplement to the previous application, whenever a material change to the construction activity or in the quantity or type of discharge is anticipated which is not specifically authorized by this permit. This application shall be submitted at least sixty (60) days prior to any proposed changes. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not relieve the Permittee of the duty to comply with the existing permit until it is modified or reissued. G7. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit shall be construed as excusing the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. G8. DUTY TO REAPPLY The Permittee shall apply for permit renewal at least 180 days prior to the specified expiration date of this permit. G9. TRANSFER OF GENERAL PERMIT COVERAGE Coverage under this general permit is automatically transferred to a new discharger, including operators of lots/parcels within a common plan of development or sale, i£ Page 33 of 46 A. A written, signed agreement (Transfer of Coverage Form) between the current discharger (Permittee) and new discharger containing a specific date for transfer of permit responsibility, coverage, and liability is submitted to the Director; and B. The Director does not notify the current discharger and new discharger of the Director's intent to revoke coverage under the general permit. If this notice is not given, the transfer is effective on the date specified in the written agreement. When a current discharger (Permittee) transfers a portion of a permitted site, the current discharger shall also submit an updated application form (NOI) to the Director indicating the remaining permitted acreage after the transfer. When a current discharger (Permittee) transfers all portions of a permitted site to one or more new dischargers, the current discharger shall also submit a notice of termination (NOT) form to the Director. G10. REMOVED SUBSTANCES Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of stormwater shall not be resuspended or reintroduced to the final effluent stream for discharge to state waters. G11. DUTY TO PROVIDE INFORMATION The Permittee shall submit to Ecology, within a reasonable time, all information which Ecology may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also submit to Ecology upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. G12.OTHER REQUIREMENTS OF 40 CFR All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by reference. G13. ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this permit by administrative order or permit modification. G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit shall incur, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten Page 34 of 46 thousand dollars ($10,000) for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15. UPSET Definition — "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology -based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology -based permit effluent limitations if the requirements of the following paragraph are met. A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: 1) an upset occurred and that the Permittee can identify the cause(s) of the upset; 2) the permitted facility was being properly operated at the time of the upset; 3) the Permittee submitted notice of the upset as required in condition S5.F; and 4) the Permittee complied with any remedial measures required under this permit. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an upset has the burden of proof. G16. PROPERTY RIGHTS This permit does not convey any property rights of any sort, or any exclusive privilege. G17. DUTY TO COMPLY The Permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. G18. TOXIC POLLUTANTS The Permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. Page 35 of 46 G19. PENALTIES FOR TAMPERING The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this Condition, punishment shall be a fine of not more than $20,000 per day of violation, or imprisonment of not more than four (4) years, or both. G20. REPORTING PLANNED CHANGES The Permittee shall, as soon as possible, give notice to Ecology of planned physical alterations, modifications or additions to the permitted construction activity, which will result in: A. The permitted facility being determined to be a new source pursuant to 40 CFR 122.29(b); B. A significant change in the nature or an increase in quantity of pollutants discharged, including but not limited to: for sites 5 acres or larger, a 20% or greater increase in acreage disturbed by construction activity; C. A change in or addition of surface water(s) receiving stormwater or non-stormwater from the construction activity; or D. A change in the construction plans and/or activity that affects the Permittee's monitoring requirements in Special Condition S4. Following such notice, permit coverage may be modified, or revoked and reissued pursuant to 40 CFR 122.62(a) to specify and limit any pollutants not previously limited. Until such modification is effective, any new or increased discharge in excess of permit limits or not specifically authorized by this permit constitutes a violation. G21. REPORTING OTHER INFORMATION Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to Ecology, it shall promptly submit such facts or information. G22. REPORTING ANTICIPATED NON-COMPLIANCE The Permittee shall give advance notice to Ecology by submission of a new application or supplement thereto at least forty-five (45) days prior to commencement of such discharges, of any facility expansions, production increases, or other planned changes, such as process modifications, in the permitted facility or activity which may result in noncompliance with permit limits or conditions. Any maintenance of facilities, which might necessitate Page 36 of 46 unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during non -critical water quality periods and carried out in a manner approved by Ecology. G23. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT Any discharger authorized by this permit may request to be excluded from coverage under the general permit by applying for an individual permit. The discharger shall submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. These reasons shall fully document how an individual permit will apply to the applicant in a way that the general permit cannot. Ecology may make specific requests for information to support the request. The Director shall either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to the construction stormwater general permit, the applicability of the construction stormwater general permit to that Permittee is automatically terminated on the effective date of the individual permit. G24. APPEALS A. The terms and conditions of this general permit, as they apply to the appropriate class of dischargers, are subject to appeal by any person within 30 days of issuance of this general permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226 WAC. B. The terms and conditions of this general permit, as they apply to an individual discharger, are appealable in accordance with Chapter 43.2113 RCW within 30 days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit's applicability or nonapplicability to that individual discharger. C. The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this general permit. If the terms and conditions of this general permit are found to be inapplicable to any individual discharger(s), the matter shall be remanded to Ecology for consideration of issuance of an individual permit or permits. G25. SEVERABILITY The provisions of this permit are severable, and if any provision of this permit, or application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. G26. BYPASS PROHIBITED A. Bypass Procedures Bypass, which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited for stormwater events below the design criteria for Page 37 of 46 stormwater management. Ecology may take enforcement action against a Permittee for bypass unless one of the following circumstances (1, 2, 3 or 4) is applicable. 1. Bypass of stormwater is consistent with the design criteria and part of an approved management practice in the applicable stormwater management manual. 2. Bypass for essential maintenance without the potential to cause violation of permit limits or conditions. Bypass is authorized if it is for essential maintenance and does not have the potential to cause violations of limitations or other conditions of this permit, or adversely impact public health. 3. Bypass of stormwater is unavoidable, unanticipated, and results in noncompliance of this permit. This bypass is permitted only if: a. Bypass is unavoidable to prevent loss of life, personal injury, or severe property damage. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass; b. There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, maintenance during normal periods of equipment downtime (but not if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance), or transport of untreated wastes to another treatment facility; and c. Ecology is properly notified of the bypass as required in Special Condition S5.F of this permit. 4. A planned action that would cause bypass of stormwater and has the potential to result in noncompliance of this permit during a storm event. The Permittee shall notify Ecology at least thirty (30) days before the planned date of bypass. The notice shall contain: a. a description of the bypass and its cause; b. an analysis of all known alternatives which would eliminate, reduce, or mitigate the need for bypassing; c. a cost-effectiveness analysis of alternatives including comparative resource damage assessment; d. the minimum and maximum duration of bypass under each alternative; e. a recommendation as to the preferred alternative for conducting the bypass; Page 38 of 46 f. the projected date of bypass initiation; g. a statement of compliance with SEPA; h. a request for modification of water quality standards as provided for in WAC 173- 201A-110, if an exceedance of any water quality standard is anticipated; and i. steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 5. For probable construction bypasses, the need to bypass is to be identified as early in the planning process as possible. The analysis required above shall be considered during preparation of the Stormwater Pollution Prevention Plan (SWPPP) and shall be included to the extent practical. In cases where the probable need to bypass is determined early, continued analysis is necessary up to and including the construction period in an effort to minimize or eliminate the bypass. Ecology will consider the following prior to issuing an administrative order for this type bypass: a. If the bypass is necessary to perform construction or maintenance -related activities essential to meet the requirements of this permit. b. If there are feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, stopping production, maintenance during normal periods of equipment down time, or transport of untreated wastes to another treatment facility. c. If the bypass is planned and scheduled to minimize adverse effects on the public and the environment. After consideration of the above and the adverse effects of the proposed bypass and any other relevant factors, Ecology will approve, conditionally approve, or deny the request. The public shall be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible. Approval of a request to bypass will be by administrative order issued by Ecology under RCW 90.48.120. B. Duly to Mitigate The Permittee is required to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Page 39 of 46 APPENDIX A — DEFINITIONS AKART is an acronym for "all known, available, and reasonable methods of prevention, control, and treatment." AKART represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants and controlling pollution associated with a discharge. Applicable TAML means a TMDL for turbidity, fine sediment, high pH, or phosphorus, which has been completed and approved by EPA prior to November 16, 2005, or prior to the date the operator's complete permit application is received by Ecology, whichever is later. ARplicant means an aerator seeking coverage under this permit. Best Mana_aement Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the state. BMPs include treatment systems, operating procedures, and practices to control: stormwater associated with construction activity, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Buffer means an area designated by a local jurisdiction that is contiguous to and intended to protect a sensitive area Bypass means the intentional diversion of waste streams from any portion of a treatment facility. Calendar Week (same as Week) means a period of seven consecutive days starting on Sunday. Certified Erosion and Sediment Control Lead (CESCL) means a person who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the SWMM). Clean Water Act (CWA) means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; USC 1251 et seq. Combined Sewer means a sewer which has been designed to serve as a sanitary sewer and a storm sewer, and into which inflow is allowed by local ordinance. Common plan of development or sale means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. Examples include: 1) phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and 3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. Page 40 of 46 If the project is part of a common plan of development or sale, the disturbed area of the entire plan shall be used in determining permit requirements. Composite Sample A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. May be "time - composite" (collected at constant time intervals) or "flow -proportional" (collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots. Construction Activity means land disturbing operations including clearing, grading or excavation which disturbs the surface of the land. Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. Demonstrahly Equivalent means that the technical basis for the selection of all stormwater BMPs is documented within a SWPPP, including: 1. The method and reasons for choosing the stormwater BMPs selected; 2. The pollutant removal performance expected from the BMPs selected; 3. The technical basis supporting the performance claims for the BMPs selected, including any available data concerning field performance of the BMPs selected; 4. An assessment of how the selected BMPs will comply with state water quality standards; and 5. An assessment of how the selected BMPs will satisfy both applicable federal technology -based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment (AKART). Department means the Washington State Department of Ecology. Detention means the temporary storage of stormwater to improve quality and/or to reduce the mass flow rate of discharge. De -watering means the act of pumping ground water or stormwater away from an active construction site. Director means the Director of the Washington Department of Ecology or his/her authorized representative. Discharger means an owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act. Domestic Wastewater means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places, together with such ground water infiltration or surface waters as may be present. Page 41 of 46 Engineered soils The use of soil amendments including, but not limited, to Portland cement treated base (CTB), cement kiln dust (CKD), or fly ash to achieve certain desirable soil characteristics. Equivalent BMPs means operational, source control, treatment, or innovative BMPs which result in equal or better quality of stormwater discharge to surface water or to ground water than BMPs selected from the SWMM. Erosion means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Erosion and Sediment Control BMPs means BMPs that are intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, sediment traps, and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs. Final Stabilization (same as fully stabilized or full stabilization) means the establishment of a permanent vegetative cover, or equivalent permanent stabilization measures (such as riprap, gabions or geotextiles) which prevents erosion. Ground Water means water in a saturated zone or stratum beneath the land surface or a surface water body. Iniection well means a "well" that is used for the subsurface emplacement of fluids. (see Well) Jurisdiction means a political unit such as a city, town or county; incorporated for local self- government. National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. Notice oflntent (NOI) means the application for, or a request for coverage under this general permit pursuant to WAC 173-226-200. Notice of Termination (NOT) means a request for termination of coverage under this general permit as specified by Special Condition S 10 of this permit. Operator means any party associated with a construction project that meets either of the following two criteria: 1. The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or Page 42 of 46 2. The party has day-to-day operational control of those activities at a project which are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). Out all means the location where stormwater leaves the site. It also includes the location where stormwater is discharged to a surface waterbody within a site, but does not include discharges to on -site stormwater treatment/infiltration devices or storm sewer systems. Permittee means individual or entity that receives notice of coverage under this general permit. PH means a liquid's acidity or alkalinity. A pH of 7 is defined as neutral. Large variations above or below this value are considered harmful to most aquatic life. pH Monitoring Period means the time period in which the pH of stormwater runoff from a site shall be tested a minimum of once every seven days to determine if stormwater is above pH 8.5. Point Source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, and container from which pollutants are or may be discharged to surface waters of the state. This term does not include return flows from irrigated agriculture. (See Fact Sheet for further explanation.) Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids), munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the CWA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the CWA. Pollution means contamination or other alteration of the physical, chemical, or biological properties of waters of the state; including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare; or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish or other aquatic life. Receivinz Water means the waterbody at the point of discharge. If the discharge is to a storm sewer system, either surface or subsurface, the receiving water is the waterbody that the storm sewer system discharges to. Systems designed primarily for other purposes such as for ground water drainage, redirecting stream natural flows, or for conveyance of irrigation water/return flows that coincidentally convey stormwater are considered the receiving water. Representative means a stormwater or wastewater sample which represents the flow and characteristics of the discharge. Representative samples may be a grab sample, a time - proportionate composite sample, or a flow proportionate sample. Ecology's Construction Stormwater Monitoring Manual provides guidance on representative sampling. Page 43 of 46 Sanitary Sewer means a sewer which is designed to convey domestic wastewater. Sediment means the fragmented material that originates from the weathering and erosion of rocks or unconsolidated deposits, and is transported by, suspended in, or deposited by water. Sedimentation means the depositing or formation of sediment. Sensitive area means a waterbody, wetland, stream, aquifer recharge area, or channel migration zone. SEPA (State Environmental Policy Act) means the Washington State Law, RCW 43.21 C.020, intended to prevent or eliminate damage to the environment. Siknificant Amount means an amount of a pollutant in a discharge that is amenable to available and reasonable methods of prevention or treatment; or an amount of a pollutant that has a reasonable potential to cause a violation of surface or ground water quality or sediment management standards. Siknificant Concrete Work means greater than 1000 cubic yards poured concrete or recycled concrete. Siknificant Contributor ofPollutants means a facility determined by Ecology to be a contributor of a significant amount(s) of a pollutant(s) to waters of the state of Washington. Site means the land or water area where any "facility or activity" is physically located or conducted. Source Control BAlfs means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. Stabilization means the application of appropriate BMPs to prevent the erosion of soils, such as, temporary and permanent seeding, vegetative covers, mulching and matting, plastic covering and sodding. See also the definition of Erosion and Sediment Control BMPs. Storm Drain means any drain which drains directly into a storm sewer system, usually found along roadways or in parking lots. Storm Sewer S sv tem means a means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains designed or used for collecting or conveying stormwater. This does not include systems which are part of a combined sewer or Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. Page 44 of 46 Stormwater means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a defined surface water body, or a constructed infiltration facility. Stormwater Management Manual (SWMM) or Manual means the technical manual published by Ecology for use by local governments that contain descriptions of and design criteria for BMPs to prevent, control, or treat pollutants in stormwater. Stormwater Pollution Prevention Plan (SWPPP) means a documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater. Surface Waters of the State includes lakes, rivers, ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Total Maximum Daily Load (TIOL) means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet state water quality standards. Percentages of the total maximum daily load are allocated to the various pollutant sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The TMDL calculations shall include a "margin of safety" to ensure that the waterbody can be protected in case there are unforeseen events or unknown sources of the pollutant. The calculation shall also account for seasonable variation in water quality. Treatment BMPs means BMPs that are intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration, and constructed wetlands. Transparency means a measurement of water clarity in centimeters (cm), using a 60 cm. transparency tube. The transparency tube is used to estimate the relative clarity or transparency of water by noting the depth at which a black and white Secchi disc becomes visible when water is released from a value in the bottom of the tube. A transparency tube is sometimes referred to as a "turbidity tube". Turbidi The clarity of water expressed as nephelometric turbidity units (NTU) and measured with a calibrated turbidimeter. Waste Load Allocation (WLA) means the portion of a receiving water's loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality based effluent limitation (40 CFR 130.2(h)). Water Ouality means the chemical, physical, and biological characteristics of water, usually with respect to its suitability for a particular purpose. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the state" as Page 45 of 46 defined in Chapter 90.48 RCW which include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Well means a bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension. (see Injection Well) Page 46 of 46 APPENDIX B — ACRONYMS AKART All Known, Available, and Reasonable Methods of Prevention, Control, and Treatment BMP Best Management Practice CESCL Certified Erosion and Sediment Control Lead CFR Code of Federal Regulations CKD Cement Kiln Dust cm Centimeters CTB Cement Treated Base CWA Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency ESC Erosion and Sediment Control NOI Notice of Intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System NTU Nephelometric Turbidity Unit RCW Revised Code of Washington SEPA State Environmental Policy Act SWMM Stormwater Management Manual SWPPP Stormwater Pollution Prevention Plan TMDL Total Maximum Daily Load UIC Underground Injection Control USC United States Code USEPA United States Environmental Protection Agency WAC Washington Administrative Code WQ Water Quality WWHM Western Washington Hydrology Model Steve Lee From: Bob Gambill [Bob.Gambill@Seattle.Gov] Sent: Tuesday, February 10, 2009 3:57 PM To: Steve Lee Subject: RE: SPU File #371-425 Temp Use Permit for ROW use So you will send us your plan in writing? >>> Steve Lee <Slee@Rentonwa.gov> 2/10/2009 3:32 PM >>> Thank you Bob. And yes we do understand the reprecussions of a damaged high pressure main water main that is difficult to 'turn' off. I have seen the after-effects of a 10" line break in person. The damage would be tremendous. We will add additional security with City police inspecting at a set time and method. We understand the City of Renton is liable for damages. per the agreement. Thanks for your correspondence and clarification. -Steve From: Bob Gambill [Bob.Gambill@Seattle.Gov] Sent: Tuesday, February 10, 2009 3:17 PM To: Steve Lee Cc: Kristin Lamson; Laurie Van Leuven; Richard Cox Subject: Re: SPU File #371-425 Temp Use Permit for ROW use Steve, There is nothing in the permit that "requires" a specific "Security Plan". The facts are: The pipeline in that location is a 50+ year old concrete cylinder pipe which is fragile and susceptible to damage from vibrations, deflection or by direct contact. If it were to break, the consequences could be extreme in terms of monetary cost, damage to the environment and machinery, and potential for loss of life or injury. I have been told that on our 60" pipelines, if a backhoe operator were to break the pipe and the pipe were to completely fail, the backhoe would be underwater faster than the operator could get off it. I do not know the exact gallons per minute, but if you think of the pipeline as a 36" garden hose I think you can imagine the damage that could be done. It would take out the bank and scour the river for perhaps miles. Unlike the garden hose the pipeline cannot be turned off in a matter of seconds, it could be a matter of hours. The City's (Seattle) interests and concerns are specified in the Permit: Paragraph 3: "The City (Seattle) is concerned for the safety and security of the Water Transmission Pipeline and Easement Area. Renton understands and agrees it is the Renton*s responsibility to protect the pipeline and Easement Area from any damages that may occur due to the construction of its Facilities..." paragraph 5: "Renton is liable for any damage to the City*s Water Transmission Pipeline and Easement Area resulting from or connected with the Renton*s Facilities or its use the City*s Easement Area." 1 The City's (Seattle) recommendation is expressed in the last sentence of paragraph 3: "The City highly recommends that in order to protect the pipeline and Easement Area from damage that could be caused by acts of 3rd parties, whom could use the construction equipment or materials as an instrument to damage the pipeline or Easement Area, that a security guard be posted at all times when active construction is not taking place, and no keys are left in any equipment." The City of Seattle will not be approving any plan. It is up to the City of Renton to determine what security measures are adequate to secure the site. If the City of Renton prefers another "Security Plan" from the one suggested in the Permit, SPU's Security group would appreciate receiving a copy of the written plan on the City of Renton letterhead. This email acts a written approval of the City of Renton's pl;an to improve the road surface, subject to all the terms and conditions of the Permit. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> Steve Lee <Slee@Rentonwa.gov> 2/6/2009 3:32 PM >>> Hi Bob, RE: City of Renton Spawning Channel Project near the Cedar River SPU pipeline crossing (Shadow Hawk property) This email is related to the high pressure water main crossing near the Cedar River in the City of Renton. The Corp of Engineers and Renton have bidded the project out and received a response from a small works contractor. A few items related to the SPU pipeline crossing came up and that is related to the question we asked about a month and a half ago concerning placing rock back on the roadway to make it 'driveable' since it is in poor condition right now, and leaving the existing gravel road (existing condition is closer to 'rutted' dirt) with approximately 1.5' of more gravel cover. Another topic came up concerning the temporary use permit between Seattle and Renton. The SPU file #371-425 (granted in conjunction with SPU R/W #371-610) item #3 states that the pipeline and easement area needs a security guard posted at all times when active construction is not taking place. This portion of the conditional requirement was bidded at close to a quarter of a million dollars for the 6 months project duration (at 16 hrs per day) security. We can accommodate lockdown of the equipment (with buckets on top of buckets for added security), secured fences with barbed wires around the staging area, keys to be taken out, main gate down the hillside to be extra secured and locked, cabins to be locked, and Renton police to sporatically patrol the area. In addition, the neighbor across the river could call our police in the event they hear equipment being started at night. Please confirm that our alternative security measures would be acceptable since this extra cost places our project in jeaporady of not being funded. Your assistance is greatly appreciated. Thanks, Steve Lee, PE City of Renton Surface Water Utility Project Manager 0 425-430-7205 Steve Lee From: Bob Gambill [Bob.Gambill@Seattle.Gov] Sent: Tuesday, February 10, 2009 3:18 PM To: Steve Lee Cc: Kristin Lamson; Laurie Van Leuven; Richard Cox Subject: Re: SPU File #371-425 Temp Use Permit for ROW use Steve, There is nothing in the permit that "requires" a specific "Security Plan". The facts are: The pipeline in that location is a 50+ year old concrete cylinder pipe which is fragile and susceptible to damage from vibrations, deflection or by direct contact. If it were to break, the consequences could be extreme in terms of monetary cost, damage to the environment and machinery, and potential for loss of life or injury. I have been told that on our 60" pipelines, if a backhoe operator were to break the pipe and the pipe were to completely fail, the backhoe would be underwater faster than the operator could get off it. I do not know the exact gallons per minute, but if you think of the pipeline as a 36" garden hose I think you can imagine the damage that could be done. It would take out the bank and scour the river for perhaps miles. Unlike the garden hose the pipeline cannot be turned off in a matter of seconds, it could be a matter of hours. The City's (Seattle) interests and concerns are specified in the Permit: Paragraph 3: "The City (Seattle) is concerned for the safety and security of the Water Transmission Pipeline and Easement Area. Renton understands and agrees it is the Renton*s responsibility to protect the pipeline and Easement Area from any damages that may occur due to the construction of its Facilities..." paragraph 5: "Renton is liable for any damage to the City*s Water Transmission Pipeline and Easement Area resulting from or connected with the Renton*s Facilities or its use the City*s Easement Area." The City's (Seattle) recommendation is expressed in the last sentence of paragraph 3: "The City highly recommends that in order to protect the pipeline and Easement Area from damage that could be caused by acts of 3rd parties, whom could use the construction equipment or materials as an instrument to damage the pipeline or Easement Area, that a security guard be posted at all times when active construction is not taking place, and no keys are left in any equipment." The City of Seattle will not be approving any plan. It is up to the City of Renton to determine what security measures are adequate to secure the site. If the City of Renton prefers another "Security Plan" from the one suggested in the Permit, SPU's Security group would appreciate receiving a copy of the written plan on the City of Renton letterhead. This email acts a written approval of the City of Renton's pl;an to improve the road surface, subject to all the terms and conditions of the Permit. Bob Gambill, SR/WA 1 Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> Steve Lee <S1ee(@Rentonwa.gov> 2/6/2009 3:32 PM >>> Hi Bob, RE: City of Renton Spawning Channel Project near the Cedar River SPU pipeline crossing (Shadow Hawk property) This email is related to the high pressure water main crossing near the Cedar River in the City of Renton. The Corp of Engineers and Renton have bidded the project out and received a response from a small works contractor. A few items related to the SPU pipeline crossing came up and that is related to the question we asked about a month and a half ago concerning placing rock back on the roadway to make it 'driveable' since it is in poor condition right now, and leaving the existing gravel road (existing condition is closer to 'rutted' dirt) with approximately 1.5' of more gravel cover. Another topic came up concerning the temporary use permit between Seattle and Renton. The SPU file #371-425 (granted in conjunction with SPU R/W #371-610) item #3 states that the pipeline and easement area needs a security guard posted at all times when active construction is not taking place. This portion of the conditional requirement was bidded at close to a quarter of a million dollars for the 6 months project duration (at 16 hrs per day) security. We can accommodate lockdown of the equipment (with buckets on top of buckets for added security), secured fences with barbed wires around the staging area, keys to be taken out, main gate down the hillside to be extra secured and locked, cabins to be locked, and Renton police to sporatically patrol the area. In addition, the neighbor across the river could call our police in the event they hear equipment being started at night. Please confirm that our alternative security measures would be acceptable since this extra cost places our project in jeaporady of not being funded. Your assistance is greatly appreciated. Thanks, Steve Lee, PE City of Renton Surface Water Utility Project Manager 425-430-7205 2 Steve Lee From: Bob Gambill [Bob.Gambill@Seattle.Gov] Sent: Tuesday, January 06, 2009 9:28 AM To: Steve Lee; Richard Cox Cc: Ronald Straka; Lester.E.Soule@usace.army.mil Subject: Re: Cedar River Spawn ingChannelReplacementProject: SPU Crossing nearCedar River Richard, If you can approve this road improvement let me know and I can prepare the written permission. If you need SPU Engineering approval, let me know. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> Steve Lee <Slee(@Rentonwa.gov> 1/6/2009 9:14 AM >>> Attached is the SPU crossing calculations and plan ACOE prepared and sent to SPU on November 7, 2008. This project is related to the City of Renton's Agreement with SPU that was signed last year. In addition to this crossing plan, ACOE is requesting written approval to maintain the existing asphalt/gravel access road (per condition #7 of the attached easement agreement) and add 18" lift and 15 feet wide along the lower gravel reach that will be outside of the floodplains. The existing condition of the road is in poor condition, has developed extensive ruts, and is generally very unsafe to travel on so the proposed placement of this lift should restore the road. We are seeking written approval of this gravel placement, per item #7. Thanks, Steve Lee, P.E. City of Renton Surface Water Utility 425-430-7205 sleeprentonwa.Rov<mailto:slee(@rentonwa.Rov> 1 Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Wednesday, June 11, 2008 9:26 AM To: Straka, Ronald; Lee, Steve Cc: Rohde, Bruce G NWS; Juckniess, Craig M NWS; Weber, Douglas T NWS; Scott, Gene R NWS; Bryant, James F NWS; Knowlton, Sharon L NWS; Shaw, Timothy M NWS Subject: RE: Cedar River Spawing Channel Risk Analysis Attachments: 2008 Cedar River 06 10 DRAFT AGREEMENT for Security Pipeline Protection.doc I guess it would help to have the attachment. ;) -----Original Message ----- From: Gentry, Wanda F NWS Sent: Wednesday, June 11, 2008 9:25 AM To: Lee, Steve; Straka, Ron Cc: Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS; Juckniess, Craig M NWS; Scott, Gene R NWS; Knowlton, Sharon L NWS; Bryant, James F NWS Subject: RE: Cedar River Spawing Channel Risk Analysis Importance: High Good morning Steve and Ron: Pursuant to our meeting yesterday afternoon regarding the SPU construction permit, attached are the COE's recommended changes. The changes are what we need in order to find acceptable the City's LER certification for the permanent access easement, and for project construction. Additionally, coordination with SPU regarding access concerns can be addressed in the construction access plan. Also, as discussed during the meeting we need written confirmation from the City that the below outstanding interest are, in fact, outside the project footprint. Adding something to the Attorney's Certificate would address this. In the interest of time we would also be willing to accept an e-mail from someone with the City who has the authority to represent these facts. Additionally, we need the City's position regarding the compatibility of the spawning channel with the deed restriction limiting use of the property to use consistent with public outdoor recreation. I believe these are the only remaining outstanding items to resolve. Best Regards, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil 1 -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 12:13 PM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS; Knowlton, Sharon L NWS Subject: Cedar River Spawing Channel Risk Analysis Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 2 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Subject: RE: PNWT Order # 676426-12 - Weber, Douglas T NWS; Rohde, Bruce G NWS P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve 3 Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army. mil] Sent: Wednesday, June 11, 2008 9:25 AM To: Straka, Ronald; Lee, Steve Cc: Rohde, Bruce G NWS; Juckniess, Craig M NWS; Weber, Douglas T NWS; Scott, Gene R NWS; Bryant, James F NWS; Knowlton, Sharon L NWS; Shaw, Timothy M NWS Subject: RE: Cedar River Spawing Channel Risk Analysis Importance: High Good morning Steve and Ron: Pursuant to our meeting yesterday afternoon regarding the SPU construction permit, attached are the COE's recommended changes. The changes are what we need in order to find acceptable the City's LER certification for the permanent access easement, and for project construction. Additionally, coordination with SPU regarding access concerns can be addressed in the construction access plan. Also, as discussed during the meeting we need written confirmation from the City that the below outstanding interest are, in fact, outside the project footprint. Adding something to the Attorney's Certificate would address this. In the interest of time we would also be willing to accept an e-mail from someone with the City who has the authority to represent these facts. Additionally, we need the City's position regarding the compatibility of the spawning channel with the deed restriction limiting use of the property to use consistent with public outdoor recreation. I believe these are the only remaining outstanding items to resolve. Best Regards, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry@usace.arm -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 12:13 PM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS; Knowlton, Sharon L NWS Subject: Cedar River Spawing Channel Risk Analysis 1 Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentryousace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Weber, Douglas T NWS; Rohde, Bruce G NWS 2 Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, Tune 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve 3 Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Tuesday, June 10, 2008 12:13 PM To: Lee, Steve Cc: Straka, Ronald; Rohde, Bruce G NWS; Weber, Douglas T NWS; Knowlton, Sharon L NWS; Shaw, Timothy M NWS Subject: Cedar River Spawing Channel Risk Analysis Attachments: Cedar Riv Spawing Channel Atty R&A.pdf Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward'. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers 1 PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.Rentry(@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Subject: RE: PNWT Order # 676426-12 - Weber, Douglas T NWS; Rohde, Bruce G NWS P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve 2 Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Tuesday, June 10, 2008 12:10 PM To: Lee, Steve Cc: Straka, Ronald; Rohde, Bruce G NWS; Weber, Douglas T NWS; Knowlton, Sharon L NWS; Shaw, Timothy M NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Hello Steve: We completed our review of the title reports received today and noted the below special exceptions by parcel that were not address by the City Attorney in his Risk Analysis - see attached document. At this point without further explanation as to where these are and assessment in the Risk Analysis by the City Attorney if they are located within the Project footprint, we are unable to recommend review and approval of the lands certification to the Chief, Real Estate Division to move this project forward. Parcel 9069: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exceptions 4,5: sewer easements granted to Cascade Sewer District. Special exceptions 6,7: pipeline easement granted to Olympic Pipeline. Special exceptions 8,9: stormwater drainage pipeline easement granted to General Acceptance Corp. Parcel 9006: Special exception 1: easement grant to Defense Plant Corporation for power transmission line. Special exception 3: easement grant to USA for an access road. Special exception 4: easement grant to USA for power transmission facilities. Special exception 5: pipeline easement granted to Olympic Pipeline. Special exceptions 6,7: stormwater drainage pipeline easement granted to General Acceptance Corp. Special exception 8: deed restriction indicating the property will not be devoted to industrial purposes other than residential use. Special exceptions 10: deed restriction limiting use of the property to use consistent with public outdoor recreation. We can talk about any questions you have later today at the 1:30 conference call Tim Shaw has arranged. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 1 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ron; Shaw, Timothy M NWS; Subject: RE: PNWT Order # 676426-12 - Weber, Douglas T NWS; Rohde, Bruce G NWS P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(a)usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve VA Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army. mi1] Sent: Tuesday, June 10, 2008 9:39 AM To: Lee, Steve; Scott, Gene R NWS; Shaw, Timothy M NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Attachments: Exhibit F.pdf Hi Steve: Thank you, so if the disposal sites identified in 2004 are suitable for Tim Shaw and Gene Scott; then the only remaining issue on the table is the SPU Temporary Use Permit and Construction Agreement. Wanda -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, June 10, 2008 9:30 AM To: Gentry, Wanda F NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) I looked into the original certification issues on the disposal site areas that were provided in 2004. They are all still in operation and in good standing with a valid state business license. The locations and routes are still valid too. Nothing has changed there since the original submittal and certification. -Steve >>> "Gentry, Wanda F NWS" <Wanda.F.Gentryousace.army.mil> 06/10/08 8:15 >>> AM >>> Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS 1 Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve z Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Tuesday, June 10, 2008 8:15 AM To: Lee, Steve Cc: Straka, Ronald; Rohde, Bruce G NWS; Weber, Douglas T NWS; Shaw, Timothy M NWS Subject: RE: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Good morning Steve: Thank you for the attached title report for parcel 9069. Also, I just received the package with the title report. I will review this information and call you if I have questions, or need further information to close the loop on any remaining real estate property interest/LER certification issues beyond the disposal site. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(a@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Monday, June 09, 2008 1:43 PM To: Gentry, Wanda F NWS Cc: Straka, Ron Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Wanda, Attached is tax parcel 212305-9069 title for the spawning channel replacement project. You asked for the 212305-9006 and 212305-9070 deeds. Those were provided in my last email to you. Hardcopy to follow on this attached 212305-9069 title report. -Steve Steve Lee From: Karen McFarland [KMcFarland@ci.renton.wa.us] Sent: Monday, June 09, 2008 12:56 PM To: Lee, Steve Subject: Fwd: 676427 >>> Rob Chelton < RobCheltonoPNWT.com > Monday, June 09, 2008 12:52 PM >>> I have spoken with the production department and the goal is to have that report out by Friday. It is a bit involved, but I explained the need to rush this one and are going to do the best we can to get it to you by Friday. Rob Chelton Unit 12 Pacific Northwest Title 206 343-1327 This email is intended solely for the use of the individual to whom it is addressed. If you are not the intended recipient, be advised that you have received this email in error and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. Although this email has been scanned for the possible presence of computer viruses prior to dispatch, we cannot be held responsible for any viruses or other material transmitted with, or as part of, this email without our knowledge. Thank you. 1 Steve Lee From: Karen McFarland [KMcFarland@ci.renton.wa.us] Sent: Monday, June 09, 2008 12:24 PM To: Lee, Steve Subject: Fwd: PNWT Order # 676426-12 - P.O. 17/0000300 (SL) Attachments: 676426-C1. pdf Hardcopy to follow Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Monday, June 09, 2008 11:15 AM To: Straka, Ronald; Lee, Steve Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS; Scott, Gene R NWS; Knowlton, Sharon L NWS; Shaw, Timothy M NWS Subject: Cedar River Spawning Channel - LER Cert Issues and SPU Construction Permit Attachments: Cedar River SPU PERMIT for Temp Use and Construction (Rev 9 Jun 08).doc Importance: High <<Cedar River SPU PERMIT for Temp Use and Construction (Rev 9 Jun 08).doc>> Hello Steve and Ron. - See my e-mail of last Friday. Also, attached is a mark-up of the construction permit for the project. What is the City of Renton attorney's position regarding the attached agreement in conjunction with the perpetual access easement already granted? We do not believe the attached permit is necessary; however, if the City of Renton, determines it is in its best interest to execute the attached, we have provided the attached mark-up. It should be recognized that to the extent that there is conflict between the provisions of the easement and the permit, the provisions of the easement prevail. Further, we cannot allow SPU to stop work on a federal contract, but we are willing to include them in a pre -construction meetings to develop a reasonable construction access plan and take reasonable precautions to protecting the SPU facility during use of the access easement area. Please provide the following items, so we can proceed with processing the City's LER certification documents and proceed with solicitation for construction this week. - Missing deed for the upstream portion of the spawning channel (Parcel number 9006). - Title reports to identify third party interests. - Resolution of the Temporary Use Permit and Construction Agreement issues for use of SPU access easement. - Resolution/confirmation of disposal site available. Hopefully we can work through the above so this project can go to solicitation this week. Thanks, Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(c�usace.army. mil Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Friday, June 06, 2008 11:56 AM To: Lee, Steve; Shaw, Timothy M NWS Cc: Straka, Ronald; Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Attachments: Exhibit F.pdf; Mail.txt Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. I could not find a title report for 9070. Please provide a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel; and then revise the design drawings; or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number 14 states "This Easement Agreement, and all of Grantee's rights hereunder shall terminate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time . . . The easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil 1 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry(@usace.army.mil> 05/27/08 10:31 >>> AM >>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda P1 Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Friday, June 06, 2008 10:58 AM To: Lee, Steve; Shaw, Timothy M NWS Cc: Straka, Ronald; Rohde, Bruce G NWS; Black, Deborah A NWS; Weber, Douglas T NWS Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Attachments: Exhibit F.pdf Importance: High Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. I could not find a title report for 9070. Please provide a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel; and then revise the design drawings; or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number 14 states "This Easement Agreement, and all of Grantee's rights hereunder shall terminate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time . . . The easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil 1 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry@usace.army.mil> 05/27/08 10:31 >>> AM >>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda 2 Steve Lee From: Karen McFarland [KMcFarland@ci.renton.wa.us] Sent: Tuesday, June 03, 2008 10:07 AM To: Lee, Steve Subject: Title Reports: 1 of 3 Attachments: 676428-01.pdf Shadow Hawk I Condominium parcel (Major No. 770157) Hardcopy to follow Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army. mi1] Sent: Tuesday, June 03, 2008 9:33 AM To: Lee, Steve; Weber, Douglas T NWS; Shaw, Timothy M NWS Cc: Straka, Ronald Subject: RE: PDF of Letter of Agreement Thanks, WG -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, June 03, 2008 8:54 AM To: Weber, Douglas T NWS; Shaw, Timothy M NWS; Gentry, Wanda F NWS Cc: Straka, Ron Subject: PDF of Letter of Agreement Attached is a pdf of the letter of agreement for the signed 'original' with Paul K's signature on it. -Steve Lee City of Renton 425-430-7205 1 Steve Lee From: Gentry, Wanda F NWS [Wanda.F.Gentry@usace.army.mil] Sent: Tuesday, May 27, 2008 10:32 AM To: Lee, Steve Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Cedar River Spawning Channel Title Reports Good morning Steve: When we last spoke on Thursday, May 22nd, 1 understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda Steve Lee From: Karen McFarland [KMcFarland@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 11:28 AM To: Lee, Steve Subject: Re: Title reports for ACOE I have contacted the title company and asked for the order to expedited. IN >>> Steve Lee Tuesday, May 27, 2008 9:10 AM >>> Hi Karen, The remaining title reports we need are a major rush item for ACOE since every day lost from not getting the land certification from ACOE is a day lost for construction. We have 4 weeks left for construction on in -water work. They should have provided us more time to do this, but alas can we rush the title people for the remaining parcels? Thanks, Steve PS. I hope you had a terrific weekend. 1 Steve Lee From: Karen McFarland [KMcFarland@ci.renton.wa.us] Sent: Thursday, May 15, 2008 11:34 AM To: Lee, Steve Subject: Fwd: RE: P.O. 17/0000300 (SW) FYI >>> Rob Chelton < RobCheltonoPNWT.com > Thursday, May 15, 2008 10:49 AM >>> Same to you. I just spoke with the examiner on this one and he has a stack of documents the size of 2 phone books to go through. He said it should be done early next week. Probably next Tuesday he thinks. Hope that will work for you. -----Original Message ----- From: Karen McFarland [mailto:KMcFarland@ci.renton.wa.us] Sent: Thursday, May 15, 2008 10:01 AM To: Rob Chelton Subject: RE: P.O. 17/0000300 (SW) Hi Rob, I hope you are having a wonderful day (and week!). My engineer for PNWT Order # 675123 is asking me about timing on these reports. Can you let me know the anticipated delivery date? Thanks so much! Regards, Karen McFarland City of Renton PW/ Utility Systems Div/ Tech. Svcs. 425.430.7209 (voice) 425.430.7241 (fax) 1 Steve Lee From: Black, Deborah A NWS [Deborah. A. Black@usace.army. mi1] Sent: Wednesday, July 30, 2008 12:37 PM To: Lee, Steve Subject: RE: Status of Cedar River Spawning Channel Thank you Steve Til tomorrow, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 30, 2008 11:52 AM To: Black, Deborah A NWS Subject: RE: Status of Cedar River Spawning Channel I just requested from Abdoul what you need electronically. I will follow up tomorrow again with Abdoul. I know he's been inundated with a lot of work lately so he may have forgotten. -Steve >>> "Black, Deborah A NWS"<Deborah.A.Black@usace.army.mil> 07/30/08 >>> 11:44 AM >>> Thanks Steve, Maybe you can attach what you have to an email? I am really looking for the drawing with the contours and the two parts (at the top of the hill and at the bottom of the hill). It has all the pipes located. Charlie Madden spoke with Abdoul on the phone from our office here. Abdoul said he had the whole drawing and would look it up. I am attaching a copy of the drawing file I am looking for. I know you have seen it a million times but this way you will know exactly which one I am looking for. If it is not an electronic (cadd) file, I would still like to get a scan of the whole sheet (11x17) not cut in half, if possible. Thank you for your help, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 1 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 30, 2008 11:32 AM To: Black, Deborah A NWS Subject: RE: Status of Cedar River Spawning Channel Hi Deborah, I have the past construction access plan. IT's not electronic though. It's hand written in with Abdoul's handwriting. I scanned it in and can send you that information? -Steve >>> "Black, Deborah A NWS"<Deborah.A.Black@usace.army.mil> 07/30/08 >>> 11:25 AM >>> Steve Lee, Could you please have Abdoul Gafour (with City of Renton) contact me? I have sent email to him, but since we have not met, he may have just deleted. I got his name from Charlie Madden (SPU). I need the electronic drawing file for the construction access plan. My contact info is below. Thank you, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black@usace.army.mil -----Original Message ----- From: Pierce, Stephen R NWS Sent: Wednesday, July 30, 2008 10:05 AM To: Lee, Steve Cc: Weber, Douglas T NWS; Black, Deborah A NWS Subject: Status of Cedar River Spawning Channel Hi Steve, 1. the schedule is on my plate to provide. Not complete yet. 2. Deb Black is still working on the pipe protection plan. She talked to SPU last week about previous contract. We expect to get some details from them. 3. We have not completed the Environmental documentation (and Water Cert) required for this project and that will be accomplished after we complete some of our more active projects. We are still sorting active 08 projects with funds and people, etc. 4. This contract is not set up for a competitive solicitation. We planned to use a negotiated procurement with a preselected contractor. 0) Stephen Pierce PE Project Manager 206-764-6670 Cell 425-773-0097 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 30, 2008 8:43 AM To: Pierce, Stephen R NWS Subject: RE: FW: Request for Comments: Notice of Preparation of EAandClean Water Act Public Notice for the C Hi Stephen, Doug weber was going to provide us an email with the anticipated schedule for getting this project submitted next year through a competitive bid process. Can you provide me this so we do not waste whatever work we have done this year and not lose some momentum we did have? I know Deborah Black was working on the SPU permit documents for their review and submittal. Is that complete? She started working on that on July 9th. Thanks, Steve Lee City of Renton >>> "Pierce, Stephen R NWS" <Stephen.R.Pierce@usace.army.mil> 07/09/08 >>> 10:49 AM >>> Thanks for the letter. We are unfortunately losing Rustin Director to another office down the hall but I'll forward the letter to Rustin's Lead. Stephen Pierce PE Project Manager 206-764-6670 Cell 425-773-0097 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 09, 2008 9:54 AM To: Pierce, Stephen R NWS Subject: Fwd: FW: Request for Comments: Notice of Preparation of EA andClean Water Act Public Notice for the Ceda Hi Steve, Thought you would like to read this email / letter from WRIA 8 Committee. Thanks, Steve Lee City of Renton 3 Steve Lee From: Black, Deborah A NWS [Deborah. A. Black@usace.army. mi1] Sent: Wednesday, July 30, 2008 11:45 AM To: Lee, Steve Subject: RE: Status of Cedar River Spawning Channel Attachments: ConstAccessPlan1.pdf; ConstAccessPlan2 (2).pdf Thanks Steve, Maybe you can attach what you have to an email? I am really looking for the drawing with the contours and the two parts (at the top of the hill and at the bottom of the hill). It has all the pipes located. Charlie Madden spoke with Abdoul on the phone from our office here. Abdoul said he had the whole drawing and would look it up. I am attaching a copy of the drawing file I am looking for. I know you have seen it a million times but this way you will know exactly which one I am looking for. If it is not an electronic (cadd) file, I would still like to get a scan of the whole sheet (11x17) not cut in half, if possible. Thank you for your help, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black(@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 30, 2008 11:32 AM To: Black, Deborah A NWS Subject: RE: Status of Cedar River Spawning Channel Hi Deborah, I have the past construction access plan. IT's not electronic though. It's hand written in with Abdoul's handwriting. I scanned it in and can send you that information? -Steve >>> "Black, Deborah A NWS" <Deborah.A.Black(a)usace.army.mil> 07/30/08 >>> 11:25 AM >>> Steve Lee, Could you please have Abdoul Gafour (with City of Renton) contact me? I have sent email to him, but since we have not met, he may have just deleted. I got his name from Charlie Madden (SPU). I need the electronic drawing file for the construction access plan. My contact info is below. i Thank you, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black(ausace.army.mil -----Original Message ----- From: Pierce, Stephen R NWS Sent: Wednesday, July 30, 2008 10:05 AM To: Lee, Steve Cc: Weber, Douglas T NWS; Black, Deborah A NWS Subject: Status of Cedar River Spawning Channel Hi Steve, 1. the schedule is on my plate to provide. Not complete yet. 2. Deb Black is still working on the pipe protection plan. She talked to SPU last week about previous contract. We expect to get some details from them. 3. We have not completed the Environmental documentation (and Water Cert) required for this project and that will be accomplished after we complete some of our more active projects. We are still sorting active 08 projects with funds and people, etc. 4. This contract is not set up for a competitive solicitation. We planned to use a negotiated procurement with a preselected contractor. Stephen Pierce PE Project Manager 206-764-6670 Cell 425-773-0097 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 30, 2008 8:43 AM To: Pierce, Stephen R NWS Subject: RE: FW: Request for Comments: Notice of Preparation of EAandClean Water Act Public Notice for the C Hi Stephen, Doug weber was going to provide us an email with the anticipated schedule for getting this project submitted next year through a competitive bid process. Can you provide me this so we do not waste whatever work we have done this year and not lose some momentum we did have? I know Deborah Black was working on the SPU permit documents for their review and submittal. Is that complete? She started working on that on 7uly 9th. Thanks, Steve Lee City of Renton >>> "Pierce, Stephen R NWS" <Stephen.R.Pierce(@usace.army.mil> 07/09/08 >>> 10 : 49 AM >>> 2 Thanks for the letter. We are unfortunately losing Rustin Director to another office down the hall but I'll forward the letter to Rustin's Lead. Stephen Pierce PE Project Manager 206-764-6670 Cell 425-773-0097 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, 7uly 09, 2008 9:54 AM To: Pierce, Stephen R NWS Subject: Fwd: FW: Request for Comments: Notice of Preparation of EA andClean Water Act Public Notice for the Ceda Hi Steve, Thought you would like to read this email / letter from WRIA 8 Committee. Thanks, Steve Lee City of Renton 7 Steve Lee From: Black, Deborah A NWS[Debora h.A.Black@usace.army. mi1] Sent: Wednesday, July 30, 2008 11:25 AM To: Lee, Steve; Pierce, Stephen R NWS Cc: Weber, Douglas T NWS Subject: RE: Status of Cedar River Spawning Channel Steve Lee, Could you please have Abdoul Gafour (with City of Renton) contact me? I have sent email to him, but since we have not met, he may have just deleted. I got his name from Charlie Madden (SPU). I need the electronic drawing file for the construction access plan. My contact info is below. Thank you, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black(@usace.army.mil -----Original Message ----- From: Pierce, Stephen R NWS Sent: Wednesday, July 30, 2008 10:05 AM To: Lee, Steve Cc: Weber, Douglas T NWS; Black, Deborah A NWS Subject: Status of Cedar River Spawning Channel Hi Steve, 1. the schedule is on my plate to provide. Not complete yet. 2. Deb Black is still working on the pipe protection plan. She talked to SPU last week about previous contract. We expect to get some details from them. 3. We have not completed the Environmental documentation (and Water Cert) required for this project and that will be accomplished after we complete some of our more active projects. We are still sorting active 08 projects with funds and people, etc. 4. This contract is not set up for a competitive solicitation. We planned to use a negotiated procurement with a preselected contractor. Stephen Pierce PE Project Manager 206-764-6670 Cell 425-773-0097 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 30, 2008 8:43 AM To: Pierce, Stephen R NWS Subject: RE: FW: Request for Comments: Notice of Preparation of EAandClean Water Act Public Notice for the C 1 Hi Stephen, Doug weber was going to provide us an email with the anticipated schedule for getting this project submitted next year through a competitive bid process. Can you provide me this so we do not waste whatever work we have done this year and not lose some momentum we did have? I know Deborah Black was working on the SPU permit documents for their review and submittal. Is that complete? She started working on that on July 9th. Thanks, Steve Lee City of Renton >>> "Pierce, Stephen R NWS" <Stephen.R.Pierce@usace.army.mil> 07/09/08 >>> 10:49 AM >>> Thanks for the letter. We are unfortunately losing Rustin Director to another office down the hall but I'll forward the letter to Rustin's Lead. Stephen Pierce PE Project Manager 206-764-6670 Cell 425-773-0097 -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Wednesday, July 09, 2008 9:54 AM To: Pierce, Stephen R NWS Subject: Fwd: FW: Request for Comments: Notice of Preparation of EA andClean Water Act Public Notice for the Ceda Hi Steve, Thought you would like to read this email / letter from WRIA 8 Committee. Thanks, Steve Lee City of Renton 2 Steve Lee From: Black, Deborah A NWS[Deborah.A.Black@usace.army.mil] Sent: Friday, June 06, 2008 12:35 PM To: Lee, Steve; Shaw, Timothy M NWS; Gentry, Wanda F NWS Cc: Straka, Ronald; Rohde, Bruce G NWS; Weber, Douglas T NWS; Scott, Gene R NWS Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Attachments: Exhibit F (2).pdf Wanda, It looks like item 6. is my responsibility. I was wondering if it is covered in the scope of work that Gene Scott did. I have cc'd this to Gene as he was not on the email you sent. I can certainly add a note to the drawings and work with Gene to get the disposal plan in order. Gene, let me know if you have this covered or if you can attach exhibit F (attached) to your document and I can add a note on the drawings. Thank you, deb Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black(@usace.army.mil -----Original Message ----- From: Gentry, Wanda F NWS Sent: Friday, June 06, 2008 10:58 AM To: Lee, Steve; Shaw, Timothy M NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS; Black, Deborah A NWS; Straka, Ron Subject: RE: Cedar River Spawning Channel LER Cert- Questions - Title Reports Importance: High Hi Steve: Regarding my voice mail earlier today I have a few questions and info needed: 1) Title reports. I could not find a title report for 9070. Please provide a copy or forward again the PDF e-mail you are referencing in your e-mail of May 27, 2008. 2) Our drawings show a portion of the spawning channel on parcel 9006 as currently drawn. Some options for bring this to closure is verify proposed location of the spawning channel; and then revise the design drawings; or provide title evidence that shows the City owns the lands. Acceptable forms of title evidence include the following: - title report for parcel 9006 - last deed of record showing City of Renton ownership - Copies of orders in condemnation or eminent domain proceedings. 3) SPU Easement, see page 4, number 14 states "This Easement Agreement, and all of Grantee's rights hereunder shall terminate in the event that (1) Grantee ceases to us the Easement Areas for a period of three (3)) years or other mutually agreed upon time . . . The 1 easement was granted on March 11, 2004. Has this easement been terminated or is it still in effect? 5) DNR easement, Exhibit B, page 2 of 3, Section 8 requires "Grantee (City of Renton) must provide the State with a copy of their Washington Department of Ecology 401 Water Quality Certification Nationwide Permit. Construction will not be allowed to commence on the Easement Property until the State has received a copy of this permit. Has this been done? 6) City of Renton's letter of April 28, 2004 states in subparagraph 5 - Disposal Site Certification: Deposition of materials resulting from the excavation of the spawning channel will take place at approved landfills as described in Exhibit F. - see attached. I also have the attached e-mail. What is the disposal plan? Has it changed from what the City certified in April 2004? Please advise. Wanda Gentry Cost Share Program Manager Real Estate Division Seattle District Corps of Engineers PO box 3755 Seattle, WA 98124-3755 Tel: (206) 764-3669 Fax: (206) 764-6579 E-mail: wanda.f.gentry(@usace.army.mil -----Original Message ----- From: Steve Lee [mailto:Slee@ci.renton.wa.us] Sent: Tuesday, May 27, 2008 10:44 AM To: Gentry, Wanda F NWS Cc: Rohde, Bruce G NWS; Weber, Douglas T NWS Subject: Re: Cedar River Spawning Channel Title Reports Hi Wanda, You already have -9070 with what I sent you. It is all in that pdf. We don't need -9006. That is not in our project boundaries. We ordered additional title reports for 212305-9069, 2123059040, and 7701570000. title reports are taking about two to three weeks to get right now. We ordered these last set of reports early last week. They are on a 'rush' request. -Steve Lee >>> "Gentry, Wanda F NWS" <Wanda.F.Gentry(a)usace.army.mil> 05/27/08 10:31 >>>AM>>> Good morning Steve: When we last spoke on Thursday, May 22nd, I understood that you were going to e-mail me title reports for the following parcel numbers: 2123059070 2123059006 2123059069 Did I miss understand what you? Also, I understood that title was ordered for 7701570000. Is this correct? I will continue to go through the documents and let you know if I find anything else that is missing or needs to be addressed, Thanks, Wanda 3 YKV V 1Lr. 311.' L' L r JU^ i r.o V C: SPU WM PROVIDE STEEL PLATES le 4.v coutoo 1 1"=20' ZONE . 1 ISSIONF — 4— Exhibit A Construction Access Plan General Notes: 1. Restore all disturbed areas to existing or better condition. 2. Maintain vehicular access at all times to the Seattle Public Utilities (SPU) pipelines. 3. Do not disturb existing pipelines in any manner. 4. Do not place heavy material and equipment, or stockpile excavated material within 10 feet of the 36" SPU pipeline. 5. Provide adequate steel plates over pipelines at vehicle crossing points. 6. Limit vibration near pipelines. 7. Vehicle traffic is not allowed within 15 feet parallel to pipelines. 8. No stockpiling of equipment or material is allowed west of SPU pipeline near project site and Cedar River. 9. Utilities shall be located and adequately marked to prevent construction equipment from crossing or nearing. SITE PLAN LOCATION HAS RE: Spawning Channel Replacement PL84-99 project Page 1 of RE: Spawning Channel Replacement PL84-99 project Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Tuesday, December 02, 2008 9:02 AM To: Straka, Ronald [Rstraka@ci.renton.wa.us]; Lee, Steve [Slee@ci.renton.wa.us] Cc: Weber, Douglas T NWS[Doug las.T.Weber@usace.army.mi1] Steve / Ron Checking in to see what the status is of below actions. We are trying to finalize the design package and need some answers. Can you update me of the first two actions? We are planning on utilizing most of the vegetation on site either as mulch, habitat features on randomly spread. Do you have any objections? Also, what is you feelings about burning some of the excess? Any city concerns? Contractor would have to abide by any city, county or state regulations. On the flood wall, what is the status of finding a location for planting. We are working on the planting plan and need a location(s). Any help on above would be appreciated. les From: Soule, Lester E NWS Sent: Monday, November 10, 2008 1:00 PM To: Straka, Ron; Straka, Ron; 'Steve Lee' Cc: Weber, Douglas T NWS; Hadley, Hannah F NWS; Scott, Gene R NWS Subject: RE: Spawning Channel Replacement PL84-99 project Ron and Steve Thanks for talking the time to meet with us on this project. It clarified some things. The site visit was also very helpful for myself and Hanna. I intend to draft some notes of meeting and will share with you but wanted to get you the actins items as I have them. Pis let me know if there were more. Actions — Renton to check with Parks on use of lands for staging area (top of hill). I Renton to check with Parks on potential for disposing excavated material +/- 10-12,000 cy at top of hill. 2 CoE to check into potential for using excavated material as roadway material. Follow up meeting with Monte Kaiser confirmed that material could be used for roadway material but may need crushed rock surfacing (Make as optional item, if needed) 3 CoE to look into beneficial use of large cottonwood trees. Follow up discussions with ERS indicate that those smaller ones (8') could be chipped up and mixed with clearing and grubbing material and used on -site as mulch. Also a willingness to include some of the lager cottonwoods in the required L WD features and randomly spread the rest. 4 CoE to check into Flood wall vegetation removal and mitigation. I found an old email that talked about the required vegetation removal and mitigation. It is attached. It had some Renton actions that I am uncertain of status. Can you review and advise? File: Cedar River 205 tree removal mfr.doc >> Thanks Les https://webmail.rentonwa.gov/owal?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL 8UQ5LKy7mt9M1... 01 /06/2W RE: Spawning Channel Replacement PL84-99 project Page 2 of https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9MI... 01 /06/2W FW: Status memo from Nicolle on Cedar River 205 I -Wall Tree Removal Page 1 of l FW: Status memo from Nicolle on Cedar River 205 I -Wall Tree Removal Soule, Lester E NWS [Lester. E.Soule@usace.army.mil] Sent: Thursday, December 04, 2008 10:31 AM To: Straka, Ronald [Rstraka@ci.renton.wa.us]; Weber, Douglas T NWS [Doug las.T.Weber@usace.army.miI] Cc: Lee, Steve [Slee@ci.renton.wa.us]; Lewis, Evan R NWS [Evan.R.Lewis@usace.army.mi1]; Hadley, Hannah F NWS [Hannah.F.Hadley@usace.army. mi1] Attachments: Cedar River 205 tree remov-1.doc (37 KB) Doug, reference attached summary regarding the Cedar River Flood wall and remaining actions to complete. I recommend that we proceed with tree removal to bring the project into compliance. This would be a good time to do the work as leaves are gone and will be able to see better what needs to be accomplished. I am working with Renton to identify a location or locations for the mitigation planting and as soon as identified, we can lay out a planting plan to accomplish. This planting should be the end of the 'Flood wall' rehab project. Let me know if you have any questions or concerns. Les From: Lewis, Evan R NWS Sent: Monday, November 10, 2008 11:07 AM To: Soule, Lester E NWS Subject: Status memo from Nicolle on Cedar River 205 I -Wall Tree Removal Les, Here's the summary from Nicolle. I don't believe that we've pushed forward much or at all on the status of this action. <<Cedar River 205 tree removal mfr.doc>> Evan Lewis Chief, Aquatic Resources Unit ERS Seattle District, Corps of Engineers Phone 206-764-6922 evan.r.lewis@usace.army.mil https://webmail.rentonwa.gov/owal?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2M Cedar Spawning Channel Construction Access Plan Pagel of 4 Cedar Spawning Channel Construction Access Plan Soule, Lester E NWS [Lester. E.Soule@usace.army.mil] Sent: Wednesday, December 31, 2008 10:33 AM To: Steve Lee; Ronald Straka Steve How about, before we go to far and do additional design efforts, you contact SPU and see if they have any initial concerns about upgrading their road some. From what I remember, the lower part of road has some good ruts and would be hard for lots of trucks to use so there may have to be some work just to make passable for construction efforts. I agree with Ron that if they need a lot of design efforts or coordination, may not be work the effort but vehicle access under current conditions does concern me. However, basically, what I was thinking is placing an 18 inch lift, 15 feet wide along the lower reach. I am hoping that the channel excavation will yield enough suitable material that we will not have to haul in additional top course material. That would defeat the purpose of finding on -site disposal areas. thoughts? les From: Steve Lee [mailto:Slee@Rentonwa.gov] Sent: Tuesday, December 30, 2008 2:52 PM To: Ronald Straka; Soule, Lester E NWS Subject: RE: Address Change:Fwd: Cedar Construction Access Plan Les, I can contact Charlie Madden and the rest of the SPU people about this fill placement that will be outside of the floodplain area that has been mapped based upon our FEMA mapping study. What kinds of additional depths are you talking about here, how wide, and what other top course materials are you proposing besides that circular pit run material you are excavating? I will need some sort of plan and cross section in order to talk to them about this fill placement. Thanks, Steve From: Ronald Straka Sent: Tuesday, December 30, 2008 2:39 PM To: Soule, Lester E NWS Cc: Steve Lee Subject: RE: Address Change:Fwd: Cedar Construction Access Plan https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2W Cedar Spawning Channel Construction Access Plan Page 2 of 4 Sorry, here is the attachment. Where about on the lower road (distance from river along SPU ROW would the material be places? Will it be placed across the whole ROW or along one side? How much material? We could ask SPU if it is something they would be ok with, but we wouldn't have any answers to questions they may have. I think we would need the answers to the above basic questions in order to discuss the topic with SPU. If your group wanted to contact SPU regarding this request, it is fine with me, just keep us informed of any decisions. If you want us to contact SPU I will need answers to these basic questions before we will make contact. I may have concerns with the proposal from a City permitting and future maintenance access perspective. We have to be careful about filling in the floodplain also. If this results in more review by SPU that could cause more delay or additional cost to the City, I am not sure it is worth considering. From: Soule, Lester E NWS [Lester. E.Soule@usace.army.mil] Sent: Tuesday, December 30, 2008 1:56 PM To: Ronald Straka Subject: RE: Address Change:Fwd: Cedar Construction Access Plan thanks Ron. But nothing was attached. I am also drafting some meeting notes that I will share with you. Is Steve going to check with SPU regarding using some excavation material along their lower road? les From: Ronald Straka [mailto:rstraka@Rentonwa.gov] Sent: Tuesday, December 30, 2008 1:17 PM To: Soule, Lester E NWS Cc: Steve Lee Subject: RE: Address Change:Fwd: Cedar Construction Access Plan Thanks Les, We need to make sure that your contract specifications includes all of the SPU Right -of -Way permit requirements including the comments below. Attached is a copy of the map for the staging area at the top of the hill that you wanted. I made it from King County IMAP site. Unfortunately since it was color the scanned image isn't as pretty. Here is the link to the KC IMAP site that you can use to create your own map. htt:/Jwww.kin coup Gov/operations/GIS/Ma s iMAP.aspx I have prepared some meeting notes that I will be sending you as soon as the City personnel that were at the meeting provides me their review comments. From: Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Tuesday, December 30, 2008 12:42 PM To: Ronald Straka Subject: Address Change:Fwd: Cedar Construction Access Plan Ron, at our Dec 17th meeting, you asked about the approval from SPU on the design we had come up with for Pipe crossing. PIS see below. https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2M Cedar Spawning Channel Construction Access Plan Les Page 3 of 4 From: Aziz AM [mailto:Aziz.Alfi@Seattle.Gov] Sent: Friday, November 14, 2008 4:24 PM To: Brian Eng Cc: Charlie Madden; Clay Nelson; Richard Cox; Sandy Gray Subject: Re: Fwd: Cedar Construction Access Plan Dear Ms. Black, Pleases see Brian Eng's comments below. I would also appreciate it if you provide us with the project schedule, and let us know when the pipe protection system is in place, but prior to use so that we can double check the proper placement. Regards, Aziz Alfi P.E. Supervising Civil Engineer Seattle Public Utilities Phone 206-386-1834 Pager 206-541-9346 Mail: Seattle Municipal Tower 700 5th Ave, Suite 4900 PO Box 34018 Seattle WA 98124-4018 ht_tp://www.seattle.v-ov/util >>> Brian Eng 11/14/2008 3:29 PM >>> Aziz, The pipe crossing design appears to be adequate. The upper crossing is more critical than the one closer to the river. Here the pipe has a lower internal pressure, less wall thickness and less cover. The 36" CCP pipe has at least 3' of cover and can take light truck and tracked vehicle loads. The proposed bridge must be centered over the pipe or loadings will influence the pipe. The contractor shall be required to survey the bridge location. During construction the contractor shall monitor movement and maintain the bridge crossing. - Brian > > > Aziz Alfi 11/7/2008 2:19 PM > > > https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2W Cedar Spawning Channel Construction Access Plan Brian, Page 4 of 4 Would you please review and provide a response? I only skimmed the sketches and it seems like the pipe protection system will load up the pipe if the load is transmitted at 45 degrees from each of the supports to the sides of the pipe. Aziz >>> Charlie Madden 11/7/2008 1:20 PM >>> Aziz: I think this item in the attached e-mail may be something Brian can review and prepare a response. Please look the attachment over and see if you agree. If we need to meet to discuss the background, let me know. This item has a long history and political ramifications with Renotn. Charlie >>> "Black, Deborah A NWS"<Deborah.A.Blackgusace.armv.mil> 11/5/2008 10:33 AM >>> Hello Charlie, I am attaching a pdf for your review, comments, and approval. The pdf is 10 pages: 1 - I Ix17 drawing with notes and details, 7 sheets of calculations, and 2 sheets of reference info. I hope the 1 page Construction Access Plan is complete. We will include it with the construction drawings for the contractor. Of course we do not have a list of the exact equipment that will be used on the site. That list will be requested from the contractor when that is established. Otherwise I hope this is complete and sufficient for Seattle Public Utilities to approve. Thank you for all your help, deb <<SPU_Review submittal_nov042008.pdf>> Deb Black Civil Engineer U. S. Army Corps of Engineers, Seattle District mailing address: P.O. Box 3755 Seattle, WA 98124-3755 street address: 4735 East Marginal Way South Seattle, WA 98134-2385 206-764-5530 office 206-764-6795 fax deborah.a.black@usace._army.mil https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2005 RE: LOA - Cedar River Spawing Channel Replacment PL 84-99 Project Page 1 of RE: LOA - Cedar River Spawing Channel Replacment PL 84-99 Project Weber, Douglas T NWS[Douglas.T.Weber@usace.army.mil] Sent: Friday, May 30, 2008 12:57 PM To: Straka, Ronald [Rstraka@ci.renton.wa.us] Cc: Lee, Steve [Slee@ci.renton.wa.us]; )uckniess, Craig M NWS [Craig.M.]uckniess@usace.army.mi1]; Shaw, Timothy M NWS [Timothy.M.Shaw@usace.army.mil] Attachments: Spawn i ngChan nel Letter. pdf (665 KB) Ron, Attached is the letter from me clarifying the City's funding obligations in relation to the intake structure. Let me know if you have questions. Douglas T. Weber, P.E. Emergency Management Branch Seattle District (206) 764-3406 (206) 719-1502 Cell -----Original Message ----- From: Ronald Straka[maiIto, Rstraka@ci.renton.wa.us] Sent: Friday, May 23, 2008 3:21 PM To: Shaw, Timothy M NWS Cc: Lee, Steve; Weber, Douglas T NWS; McCormick, Michael COL NWS Subject: LOA - Cedar River Spawing Channel Replacment PL 84-99 Project As we discussed yesterday (5/22/08): We will be sending for signature by the Mayor the revised Letter of Acknowledgment (LOA), where we agree the conditions of the original May 9, 1998 Project Cooperation Agreement and agree to fund the construction of the Landscape elements of the PL 84-99 project as our assistance to the USACE to help with the project funding short fall, on Tuesday (5/27/08). We will agree to install the landscape elements, however the USACE will have to adequately stabilize disturbed areas on the site following your construction in accordance with established sediment and erosion control standards (hydroseeding, mulch, straw, etc.). Please make sure this work is included in your contractors scope of work. In addition we need a letter from the USACE agreeing that the intake structure system that will convey water from the Cedar River into the spawning channel will be constructed by the USACE and funded 100% by the https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2M RE: LOA - Cedar River Spawing Channel Replacment PL 84-99 Project Page 2 of USACE. If we are agreeing to fund the landscape element that is estimated to be $300k, we do not want to be also required to fund the water intake system later. We don't have any formal written acknowledgment from the USACE that you will fund the intake system in exchange for the City funding the landscape element of the project. Please provide me with this letter ASAP to facilitate the Mayor signature of the LOA. Finally, I am disappointed that the USACE will not start the project construction contracting process until after we send you the signed LOA. Given the project schedule, we need to be working on the elements of this project in parallel and not in series if we are going to have a successful construction project and have the in -water construction completed within the permit deadlines. Why can't you start the construction contracting process and not award the contract until you get the re -signed LOA, which you should have later next week. Thanks Ronald J. Straka, P.E. Surface Water Utility Engineering Supervisor Renton City Halll - 5th Floor 1055 South Grady Way Renton WA 98057 Ph. 425.430.7248 Fax: 425.430.7241 Email: rstraka@ci.renton.wa.us https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /06/2005 Address Change:RE: Spawning Channel Replacement PL84-99 project Page 1 of 2 Address Change:RE: Spawning Channel Replacement PL84-99 project Steve Lee Sent: Wednesday, December 10, 2008 11:43 AM To: Ronald Straka Hi Les, Thanks for your call yesterday. We can answer some of your questions, but will need more information jf you feel like pursuing dumping of excavated materials on City Parks' property. 1. Using the Park's property for staging is fine. The limits of clearing and grading will need to be defined, as well as delineating any existing wetlands, ditches/streams, and buffers so they are not impacted. A plan will need to be presented to Parks for their approval. a�tQ eJ,A fL r� f L �` ` G i� ace�P / . V, o�rwAj� c ix�t�L o„ 2. In regards to your question about utilizing existing vegetation as either grounded mule project. This is fine: If there is excess mulch materials, then we can use this material for stabilizing the cleared and grubbed staging area on the upper Park property. Bur-nin Q burning. It is our recommendation to not burr se the neighborhood groups may have some problems with N/ A that proposal. b�< ;k"` °U` h b�/Jd1a�+c�f m 3. In regards to you question about using the excavated pit run material from the channel, it is fine to use it for 4-sl-. the proposed maintenance road (assuming it is useable and will not slough, which Monte Kaiser has said itisfor 4v4k- that purpose for his previous email). Also, some of that material can be used on the existing upper�ma4#enance road as long as it does not impact clearance requirements for the overhead power and-net4ause arcing. P"fvrj 7a 4. In re�ards to your 4uestion about using t remaining excavated mat9rial f om tt� channel as a/s�ckpile for the City to use in the/future. The Parks has/said no to that pro po al. if y fefeel furtl*r pursdir(g the topic, ACOE'will need to develop a plan of the Iir/ks height, and qua; titY �material ' nQt Jnteres in further stockpiling morematerial within the d the con ctor can use tho material o stockpile it for he 1 Please see separate email on -ree pl-Png. That to —pi this replacement spawning channel project. Thanks, Steve Lee From: Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Tuesday, December 02, 2008 9:02 AM To: Straka, Ronald; Lee, Steve Cc: Weber, Douglas T NWS Subject: RE: Spawning Channel Replacement PL84-99 project WUJ of /1u S-h V' p✓I 12 �e QtrlM^cn iApt,/1.. k 4."--n L rfi,y e� A �..D , rk Steve / Ron Checking in to see what the status is of below actions. We are trying to finalize the design package and need some answers. Can you update me of the first two actions? We are planning on utilizing most of the vegetation on site either as mulch, habitat features on randomly spread. Do you have any objections? Also, what is you feelings about burning some of the excess? Any city concerns? Contractor would have to abide by any city, county or state regulations. https:Hwebmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAANI97IGmJES... 12/ 10/2008 n A n a a A O \: ° x CD � o m o G a• � coo y N a. �CD y co � ❑ .y co c'"'p � ❑ 03 8. p °o �3 '•O , R N CD o ,,,r' coo � S I� Gn 0z 0o7 �. O 0. 0. O cp p ¢: N Q• cD iD fD' O O p i 0 0 � X ID CQ CD cr p (D 0 a C IA y g' n S cD OOQ O 3 rt O -p. c CD ti TJ S O. 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Weber, PE Corps of Engineers, Seattle District Emergency Management Branch 4735 East Marginal Way South Seattle, WA 98124 REHABILITATION ASSISTANCE FOR FLOOD -DAMAGED FLOOD CONTROL PROJECTS Public Sponsors of flood control projects sustaining damages due to flooding during the recent flood event have until 12 February 2009 to apply for Public Law 84-99 Rehabilitation Assistance from the US Army Corps of Engineers, Seattle District. The Corps of Engineers (Corps) has authority, under Public Law 84-99, to assist local levee sponsors with repairs to both Federal (Corps -constructed, locally operated and maintained) and non -Federal (constructed by non -Federal interests or by the Work Projects Administration) flood control projects damaged by flood. a. Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they are in Active status prior to the flood event 2. Rehabilitation Assistance is 100% funded by the Corps. b. Non -Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they have been accepted into the Corps' Rehabilitation and Inspection Program prior to the onset of the flood and are in Active status at the time of this flood event. 2. Rehabilitation Assistance is cost shared between the Public Sponsor and the Corps. The Public Sponsor share is 20°/a. Please submit written requests for assistance by 12 February 2009. Be sure to include: a. Public Sponsor's point of contact's name and telephone number b. Flood Control Project name C. Description of damage Upon receipt of the Public Sponsoes request, the Corps will coordinate a project site visit. If you have any questions, please do not hesitate to contact Douglas T. Weber at (206) 764-3406 or by email at Douglas.T.Weber(a)usace.army.mil. /CaulE.Orosency Management Branch CITY CIF RENTON 2 Denis Law, Mayor January 28, 2009 Mr. Doug Weber, P.E. US Army Corps of Engineers, Seattle District NWS Emergency Management Branch 4735 East Marginal Way South Seattle, WA 98124 Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: PL84-99 Request for 2009 Cedar River Flooding Damages to Army Corp of Engineers Section 205 Lower Cedar River Flood Damage Reduction Project, Renton, WA Dear Mr. Weber: From January 8 to January 12, the lower Cedar River in the City of Renton received a high flow event that staged river levels between the 50-year to 100-year flood stage. The high river flows resulted in a declaration of a Phase 4 flood on the Cedar River (highest river flood phase on the Cedar River). During the Cedar River Phase 4 flood, the Renton flow gauge measured over 10,500 cfs. After the river flood levels receded, damages on the Section 205 Lower Cedar River Flood Damage Reduction project levees and floodwalls between river -mile (RM) 0.00 to 1.25 were observed, as follows: Between RM 0.00 and 1.25 of the USACE 205 project, levee and floodwall damages are apparent to the base of levee prisms. In addition to these damages, the loss of constructed side slopes without armoring will continue to erode constructed side slopes that will expose floodwall sheet piles and reduce structural stability. The side slopes are more stable where there is bank armoring. 2. Between RM 0.00 and 1.25, damages of various stormwater outfalls were observed in five out of approximately ten visible outfalls. These damages include loss of tideflex valves, pipe damages, or excessive protrusions of outfalls into the river due to scouring of the floodwall prism. When the river flows decrease, the remaining outfalls should be visible. 3. Significant amounts of sandy, silty material has filled in the Cedar River that may require advanced dredging activities of the lower 1.25 miles immediately. Full sediment deposition assessment of impacts to the lower Cedar River is not possible until after the river flows are less than 500 cfs. 1055 South Grady Way - Renton, Washington 98057 MThic na rmntoin S(la/ rerh Ir Hmaterial 'I(W/—fmnciimcr RENTON AHEAD OF THE CURVE Weber/PL84-99 Flood Damage to Section 205 January 28, 2009 Page 2 of 2 The City of Renton is requesting rehabilitation assistance under Public Law 84-99 for the damage to the Army Corps of Engineers Section 205 Lower Cedar River Flood Damage Reduction project floodwall, levee, and other damages due to the flood event. If you have any questions, please contact either Ron Straka, Surface Water Utility Supervisor, at (425) 430-7248 or by e-mail at rstraka@rentonwa.gov, or Steve Lee, Surface Water Utility Engineer, at (425) 430-7205 or by e-mail at slee@rentonwa.gov. Sincerely, Gregg Zihifnerman, P.E. Public Works Administrator Attachment cc: Lys Hornsby, P.E., Utility Systems Director Ron Straka, P.E., Surface Water Utility Supervisor Steve Lee, P.E., Surface Water Utility Engineer Charles Ift, USACE, NWS Emergency Management Branch 4735 East Marginal Way South, Seattle, WA 98124-2255 HAFile Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.0 - Correspondence\4.18 - USACE\Weber-FloodwallDamage2009-090108.docRSaw US ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P_O. BOX 3755 SEATTLE, WASHINGTON 98124-2255 NOTICE TO LEVEE SPONSORS REPLY TO: Douglas T. Weber, PE Corps of Engineers, Seattle District Emergency Management Branch 4735 East Marginal Way South Seattle, WA 98124 REHABILITATION ASSISTANCE FOR FLOOD -DAMAGED FLOOD CONTROL PROJECTS Public Sponsors of flood control projects sustaining damages due to flooding during the recent flood event have until 12 February 2009 to apply for Public Law 84-99 Rehabilitation Assistance from the US Army Corps of Engineers, Seattle District. The Corps of Engineers (Corps) has authority, under Public Law 84-99, to assist local levee sponsors with repairs to both Federal (Corps -constructed, locally operated and maintained) and non -Federal (constructed by non -Federal interests or by the Work Projects Administration) flood control projects damaged by flood. a. Federal Flood Control Projects: Eligible for Rehabilitation Assistance if they are in Active status prior to the flood event 2. Rehabilitation Assistance is 100% funded by the Corps. b. Non -Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they have been accepted into the Corps' Rehabilitation and Inspection Program prior to the onset of the flood and are in Active status at the time of this flood event. 2. Rehabilitation Assistance is cost shared between the Public Sponsor and the Corps. The Public Sponsor share is 20%. Please submit written requests for assistance by 12 February 2009. Be sure to include: a. Public Sponsor's point of contact's name and telephone number b. Flood Control Project name C. Description of damage Upon receipt of the Public Sponsor's request, the Corps will coordinate a project site visit. If you have any questions, please do not hesitate to contact Douglas T. Weber at (206) 764-3406 or by email at Douglas.T.Weber!�zusace.army.mil. 6 aul E. K orosk , Chief, Emergency Management Branch FW: Status memo from Nicolle on Cedar River 205 I -Wall Tree Removal Page I of 1 FW: Status memo from Nicolle on Cedar River 20S I -Wall Tree Removal Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Thursday, December 04, 2008 10:31 AM To: Straka, Ronald [Rstraka@ci.renton.wa.us]; Weber, Douglas T NWS[Doug las.T.Weber@usace.army. mi1] Cc: Lee, Steve [Slee@ci.renton.wa.us]; Lewis, Evan R NWS [Evan.R.Lewis@usace.army.mil]; Hadley, Hannah F NWS [Hannah.F.Hadley@usace.army.mil] Attachments: Cedar River 205 tree remov-1.doc (37 KB) Doug, reference attached summary regarding the Cedar River Flood wall and remaining actions to complete. I recommend that we proceed with tree removal to bring the project into compliance. This would be a good time to do the work as leaves are gone and will be able to see better what needs to be accomplished. I am working with Renton to identify a location or locations for the mitigation planting and as soon as identified, we can lay out a planting plan to accomplish. This planting should be the end of the 'Flood wall' rehab project. Let me know if you have any questions or concerns. Les From: Lewis, Evan R NWS Sent: Monday, November 10, 2008 11:07 AM To: Soule, Lester E NWS Subject: Status memo from Nicolle on Cedar River 205 I -Wall Tree Removal Les, Here's the summary from Nicolle. I don't believe that we've pushed forward much or at all on the status of this action. <<Cedar River 205 tree removal mfr.doc>> Evan Lewis Chief, Aquatic Resources Unit ERS Seattle District, Corps of Engineers Phone 206-764-6922 evan.r.lewis@usace.army.mil https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcLSUQ5 LKy7mt9M1... 02/24/2M CENWS-PM-PL-ER 20 February 2008 Rutherford/206-764-6716 MEMORANDUM FOR RECORD SUBJECT: Cedar River 205 I -Wall Tree Removal This project is administratively tied with the Cedar River Spawning Channel, but Tim Shaw is aware that a completely different set of environmental documents needs to be prepared and permits acquired. Time frame has not been defined other than vaguely — Fall 2008? This project doesn't have the push behind it that other levee rehab projects do, although I suspect that someone is going to start running around with their hair on fire soon. I keep having to remind Tim about the project to try to get a grip on the timing. Project Background • Large trees were left in place as partial mitigation for the construction of the Cedar River 205 flood wall/levee project. • After Hurricane Katrina, HQ decreed that all trees need to be removed within 15 feet off any I -wall. Therefore, the mitigation trees along the Cedar 205 I -wall need to be removed. • 112 Red Alders that are greater than 12 inches dbh need to come out. • We need to mitigate for two things: 1) we need to replace the original mitigation; 2) we need to mitigate for the impacts associated with the removal of the trees (e.g. temporal losses, shading, etc.). • When I spoke with Matt Longenbaugh at NMFS regarding the tree removal, he had the following to say (via email): Nicolle, thanks for letting us know about the proposed removal of sizable riparian trees along the Cedar River. This is a Big Deal for NMFS because ecol fxn is generally low in this reach, and COE actions that would further degrade ecol fxn are serious. Designated critical habitat for PS Chinook salmon in this reach includes PCEs for rearing and migration that may be seriously affected by removing many 12-inch diam alders. While we understand that COE general policy may be to remove trees adjacent to engineered bank structures, we believe that avoiding Adverse Modification of critical habitat should carry more weight in your final design. Of course, we cannot confirm Adverse Mod in this instance until we conduct a detailed analysis but i wanted to give you all a heads -up of NMFS concern. Thanks for the info and we look forward to a site visit soon. Matt Longenbaugh Central Puget Sound Branch Chief Page 1 of 2 Current: • No work has yet been done on any environmental documents. City of Renton has been tasked to determine what they are willing and able to do in terms of where trees might be planted. 1. The City was going to investigate putting some of the trees in the City Park across the river from the removal site, but they are not going to be able to put all of the required replacement trees in this area. There is simply not enough space. In addition, there will need to be investigation into levee clearance requirements — is there even the space if the Parks department agrees? 2. The City was also going to investigate putting some trees along the golf course stretch of the river. Another proposed location may be to put some of the replacement trees along the other side of the pipeline crossing which is west of the proposed spawning channel and the city water and sewer lines. A fourth potential option was at the Elliot Channel site. 3. The City was also talking about potentially trying to piggy back onto a King County project that involves a levee setback. I told them that they need to determine if they can really do this and what the logistics look like before they throw that out to the Services because they don't want the Services to potentially fixate on something that the City may or may not be able to do. 4. Big questions for the Services are how far away can our tree replacement be? We realize that in an ideal world, they would all go into the same reach of the river that they are being taken out of, but it isn't going to be possible. Another question is whether or not all of the replacement trees need to be conifers? Per the City of Renton's code, tree removal needs to be mitigated at a 3:1 ratio. This seems like a reasonable place to start in discussions with the Services. Nicolle Rutherford Biologist c£ Mike Scuderi, Chief, Impact Assessment Unit (x7205) Evan Lewis,Chief, Aquatic Resources Unit (x6922) Ron Kent, Acting Chief, Environmental Resources Unit (x3620) Page 2 of 2 CENWS-PM-PL-ER 20 February 2008 Rutherford/206-764-6716 MEMORANDUM FOR RECORD SUBJECT: Cedar River 205 I -Wall Tree Removal This project is administratively tied with the Cedar River Spawning Channel, but Tim Shaw is aware that a completely different set of environmental documents needs to be prepared and permits acquired. Time frame has not been defined other than vaguely — Fall 2008? This project doesn't have the push behind it that other levee rehab projects do, although I suspect that someone is going to start running around with their hair on fire soon. I keep having to remind Tim about the project to try to get a grip on the timing. Project Background • Large trees were left in place as partial mitigation for the construction of the Cedar River 205 flood wall/levee project. • After Hurricane Katrina, HQ decreed that all trees need to be removed within 15 feet of any I -wall. Therefore, the mitigation trees along the Cedar 205 I -wall need to be removed. • 112 Red Alders that are greater than 12 inches dbh need to come out. • We need to mitigate for two things: 1) we need to replace the original mitigation; 2) we need to mitigate for the impacts associated with the removal of the trees (e.g. temporal losses, shading, etc.). • When I spoke with Matt Longenbaugh at NMFS regarding the tree removal, he had the following to say (via email): Nicolle, thanks for letting us know about the proposed removal of sizable riparian trees along the Cedar River. This is a Big Deal for NMFS because ecol fxn is generally low in this reach, and COE actions that would further degrade ecol fxn are serious. Designated critical habitat for PS Chinook salmon in this reach includes PCEs for rearing and migration that may be seriously affected by removing many 12-inch diam alders. While we understand that COE general policy may be to remove trees adjacent to engineered bank structures, we believe that avoiding Adverse Modification of critical habitat should carry more weight in your final design. Of course, we cannot confirm Adverse Mod in this instance until we conduct a detailed analysis but i wanted to give you all a heads -up of NMFS concern. Thanks for the info and we look forward to a site visit soon. Matt Longenbaugh Central Puget Sound Branch Chief Page 1 of 2 Current: • No work has yet been done on any environmental documents. • City of Renton has been tasked to determine what they are willing and able to do in terms of where trees might be planted. l . The City was going to investigate putting some of the trees in the City Park across the river from the removal site, but they are not going to be able to put all of the required replacement trees in this area. There is simply not enough space. In addition, there will need to be investigation into levee clearance requirements — is there even the space if the Parks department agrees? 2. The City was also going to investigate putting some trees along the golf course stretch of the river. Another proposed location may be to put some of the replacement trees along the other side of the pipeline crossing which is west of the proposed spawning channel and the city water and sewer lines. A fourth potential option was at the Elliot Channel site. 3. The City was also talking about potentially trying to piggy back onto a King County project that involves a levee setback. I told them that they need to determine if they can really do this and what the logistics look like before they throw that out to the Services because they don't want the Services to potentially fixate on something that the City may or may not be able to do. 4. Big questions for the Services are how far away can our tree replacement be? We realize that in an ideal world, they would all go into the same reach of the river that they are being taken out of, but it isn't going to be possible. Another question is whether or not all of the replacement trees need to be conifers? Per the City of Renton's code, tree removal needs to be mitigated at a 3:1 ratio. This seems like a reasonable place to start in discussions with the Services. Nicolle Rutherford Biologist cf.- Mike Scuderi, Chief, Impact Assessment Unit (x7205) Evan Lewis,Chief, Aquatic Resources Unit (x6922) Ron Kent, Acting Chief, Environmental Resources Unit (x3620) Page 2 of 2 RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Page I of l RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Soule, Lester E NWS [Lester. E.Soule@usace.army.mil] Sent: Thursday, January 22, 2009 1:39 PM To: Steve Lee yes they were. FONSI in route now for our commander's signature. Should be signed next week. les From: Steve Lee [mai Ito: Slee@Rentonwa.gov] Sent: Thursday, January 22, 2009 1:33 PM To: Soule, Lester E NWS Subject: RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Les, I guess all WRIA comments were addressed as part of the FONSI? Just making sure... Thanks, Steve Lee City of Renton From: Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Thursday, January 22, 2009 12:56 PM To: Steve Lee; Ronald Straka Subject: RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 now the specs les From: Soule, Lester E NWS Sent: Thursday, January 22, 2009 12:49 PM To: 'Steve Lee'; 'Ronald Straka' Subject: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #1 Attached for your information is the final draft construction drawings and specifications for subject project. WE are looking to initiate negotiations with contractor in about 2 two weeks. Les https://webmail.rentonwa. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL 8UQ 5LKy7mt9M1... 02/02/2M Public Works Department Gregg Zimmerman.P g, Ator SUBJECYi . PE84-99 Request for 2.009 Cedar River 0o.'d g Damages to Army Corp,of Evighmers Section 205 Lower. Cedar River Flood Damage Reduction Prrjee#, Renton, WA Dear Mr. Weber: From January 8 to January 12,.the lower Cedar River in the City of Renton received. a high flow event that staged river levels between the 50=y6r to-`100-year flood stage. The 4wriver flows resulted in a declaration of a Phase 4 flood Ion the Cedar River (highest river flood phase on'the Cedar Diver). During the Cedar River Phase 4 flood; the Renton flow gauge measured aver 10 500 cfs. Afterthe, river flood levels receded; damages on the Section 205 Lower .Cedar River Flood Dainage Reduction project , levees and floodwalls between river -mile (RM) 0.00 to 1.25 were observed, as follows: I _ Between.RM 0.60and 1,.25 of the USACE 205 project, levee and floodwall .damages ere apparent to the base of levee prisms Iri'addit on tothese damages, the loss of constructed side slopes without.arnioring will continue to :erode constructed side slopes that will expose f 1bodwall sheet piles :and reduce structural stability. The side slopes are, more stable where there is bank armoring. 2. Between RM 0.00 and 1.25, damages of various stormwater outfalls were observed in five out of approximately ten visible.outfails, These damages. include loss of tideflex valves, pipe damages, or excessive protrusions of outfalls- into the river due to scouring of the, floodwall prism. When the river flows decrease, the remaining outfalls should be visible. 3. Significant amounts of sandy, silty material has filled in the Cedar River that may require advanced. dredging activities of the lower 1.25 miles immediately. Full sediment deposition assessment of impacts to the lower Cedar. River is not possible until after the river flows are less than 500 cfs. 1055 South Grady Way - Renton,. Washington 99057 E f AHEAD OF THE Cu RVE This papercontain350°loracy�ectmateria1.30�Yopostconsumer _ i i i HAFile Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.0 - Correspondence\4.18 - USACE\Weber-FloodwallDamage2009-090108.docRSaw h�LMT'' 6F'aA `F V SYRTES v`� i i US ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-2265 NOTICE TO LEVEE SPONSORS REPLY TO: Douglas T. Weber, PE Corps of Engineers, Seattle District Emergency Management Branch 4735 East Marginal Way South Seattle, WA 98124 REHABILITATION ASSISTANCE FOR FLOOD -DAMAGED FLOOD CONTROL PROJECTS Public Sponsors of flood control projects sustaining damages due to flooding during the recent flood event have until 12 February 2009 to apply for Public Law 84-99 Rehabilitation Assistance from the US Army Corps of Engineers, Seattle District. The Corps of Engineers (Corps) has authority, under Public Law 84-99, to assist local levee sponsors with repairs to both Federal (Corps -constructed, locally operated and maintained) and non -Federal (constructed by non -Federal interests or by the Work Projects Administration) flood control projects damaged by flood. a. Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they are in Active status prior to the flood event 2. Rehabilitation Assistance is 100% funded by the Corps. b. Non -Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they have been accepted into the Corps' Rehabilitation and Inspection Program prior to the onset of the flood and are in Active status at the time of this flood event. 2. Rehabilitation Assistance is cost shared between the Public Sponsor and the Corps. The Public Sponsor share is 20%. Please submit written requests for assistance by 12 February 2009. Be sure to include: a. Public Sponsor's point of contact's name and telephone number b. Flood Control Project name C. Description of damage Upon receipt of the Public Sponsor's request, the Corps will coordinate a project site visit. if you have any questions, please do not hesitate to contact Doublas T. Weber at (206) 764-3406 or by email at Doualas.T.Weber'ausace.army.mil. /IE.,KZok Management Branch DeniSLaw, Mayor,LR) CITY F RENTO Public Works Department Gregg Zimmerman P E , Admin4trator January.28; 2009 lVfr Doug Webor, P.E. US Arty Corps of Engineers, Seattle District NWS WE - gency Management Branch 4735,Easf Marginal Way South . Seattle},WA 99124 SUBJEC-T- PL84-99 Reg test for Z009 Cedar Raver Fl o i g Damages to Army Corp_ of Engineers section 205 Lower C*dar River Flood Damage Reduction Pi rjeiet, Renton, WA DearMr. Weber: From January 8 to January 12, the lower Cedar River in the City of Renton received a high flow event that staged river levels between the 50-year to `100-year flood stage. The high river flows resulted in,a. declaration of a Phase. 4 flood on the Cedar River. (highest riverflood phase on,the Cedar River). During°tl a cedar River Phase 4 flood; the .Renton flow gauge measured over M?500 cfs. Afterthe.-river flood levels receded; damages on- the Section 205 bower Cedar River Flood Damage Reduction project levees -and fioodwalls between river -mile (RM) 0.00 to i .25 were observed, as follows: I. $etween:RM O.00 and 1.�5 of the USAGE 205 project, levee and floodwall ,d#mages.are apparent to -the base of levee pasrns, In addition tothese damages, the loss of constructed side slopes without.armoring will continue to erode constructed side slopes that will expose floodwall sheet piles and reduce structural stability. The side slopes are, more stable where there is bank armorMg. 2 Between RM 0.00 and 1.25, damages of various stormwater outfalls were observed in five out of approximately ten visible.outfalls. These damages. include loss of tideflex valves, pipe damages, or excessive protrusions of outfalls into the river due to scouring. of the, floodwall prism. When the river flows decrease, the remaining outfalls should be visible. 3. 'Significant amounts of sandy, silty material has filled in the Cedar River that may require advanced dredging activities of the lower 1.25 miles: immediately. Full sediment deposition assessment of impacts to the lower Cedar River is not possible until after the river'flows are less than 500 cfs. 1055 South Grady Way -Renton,EO_ Washington 98057 „H x a v o � � i-t r: _� , � � �. i his paper contains 50 % recycled material, 30%post consumer HAFile SysXSWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)127-2817 Cedar River Section 205 Project\04.0 - CorrespondenceW.18 - USACEIWeber-FloodwallDamage2009-090108.docRSaw gr�T oF\ rti� d� =esyx oc N+ REPLY TO ATTENT)ON OF US ARMY CORPS OF ENGINEERS DEPARTMENT OF THE ARMY SEATTLE DISTRICT; CORPS OF ENGINEERS P_O: BOX 3755 SEATTLE, WASHINGTON 88124-2255 NOTICE TO LEVEE SPONSORS REPLY TO: Douglas T. Weber, PE Corps of Engineers, Seattle District Emergency Management Branch 4735 East Marginal Way South Seattle, WA 98124 REHABILITATION ASSISTANCE FOR FLOOD -DAMAGED FLOOD CONTROL PROJECTS Public Sponsors of flood control projects sustaining damages due to flooding during the recent flood event have until 12 February 2009 to apply for Public Law 84-99 Rehabilitation Assistance from the US Army Corps of Engineers, Seattle District. The Corps of Engineers (Corps) has authority, under Public Law 84-99, to assist local levee sponsors with repairs to both Federal (Corps -constructed, locally operated and maintained) and non -Federal (constructed by non -Federal interests or by the Work Projects Administration) flood control projects damaged by flood. a. Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they are in Active status prior to the flood event 2. Rehabilitation Assistance is I00% funded by the Corps. b. Non -Federal Flood Control Projects: 1. Eligible for Rehabilitation Assistance if they have been accepted into the Corps' Rehabilitation and Inspection Program prior to the onset of the flood and are in Active status at the time of this flood event 2. Rehabilitation Assistance is cost shared between the Public Sponsor and the Corps. The Public Sponsor share is 20%. Please submit written requests for assistance by 12 February 2009. Be sure to include: a. Public Sponsor's point of contact's name and telephone number b. Flood Control Project name C. Description of damage Upon receipt of the Public Sponsor's request, the Corps will coordinate a project site visit. If you have any questions, please do not hesitate to contact Douglas T. Weber at (206) 764-3406 or by email at Douglas.T. Webeausace.army.mil. aul E. Oros , Chief, Emergency Management Branch RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Page 1 of 1 RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Soule, Lester E NWS [Lester. E.Soule@usace.army.mil] Sent: Thursday, January 22, 2009 1:39 PM To: Steve Lee yes they were. FONSI in route now for our commander's signature. Should be signed next week. les From: Steve Lee [mailto:Slee@Rentonwa.gov] Sent: Thursday, January 22, 2009 1:33 PM To: Soule, Lester E NWS Subject: RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Les, I guess all WRIA comments were addressed as part of the FONSI? Just making sure... Thanks, Steve Lee City of Renton From: Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Thursday, January 22, 2009 12:56 PM To: Steve Lee; Ronald Straka Subject: RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 now the specs les From: Soule, Lester E NWS Sent: Thursday, January 22, 2009 12:49 PM To: 'Steve Lee'; 'Ronald Straka' Subject: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #1 Attached for your information is the final draft construction drawings and specifications for subject project. WE are looking to initiate negotiations with contractor in about 2 two weeks. Les https://webmail.rentonwa.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /22/2M RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Page 1 of 1 RE: Cedar River SpawningChannelReplacementProject: Design Drawings and specs #2 Soule, Lester E NWS [Lester.E.Soule@usace.army.mil] Sent: Thursday, January 22, 2009 12:56 PM To: Steve Lee; Ronald Straka Attachments: 33 40 OO.doc (115 KB) ; 03 30 53.doc (105 KB) ; 03 40 00.00 10.doc (69 KB) ; 05 12 OO.doc (71 KB) ; 05 30 OO.doc (73 KB) ; 3100 OO.doc (131 KB) ; 31 11 OO.doc (54 KB) ; 3132 19.doc (59 KB) ; 32 05 33.doc (59 KB) now the specs les From: Soule, Lester E NWS Sent: Thursday, January 22, 2009 12:49 PM To: 'Steve Lee'; 'Ronald Straka' Subject: Cedar River Spawn ingChannelReplacementProject: Design Drawings and specs #1 Attached for your information is the final draft construction drawings and specifications for subject project. WE are looking to initiate negotiations with contractor in about 2 two weeks. Les https://webmail.rentonwa.gov/owal?ae=Item&t=IPM.Note&id=RgAAAACAcvDUcL8UQ5LKy7mt9M1... 01 /22/2M CENWS-PM-PL-ER 20 February 2008 Rutherford/206-764-6716 MEMORANDUM FOR RECORD SUBJECT: Cedar River 205 I -Wall Tree Removal This project is administratively tied with the Cedar River Spawning Channel, but Tim Shaw is aware that a completely different set of environmental documents needs to be prepared and permits acquired. Time frame has not been defined other than vaguely — Fall 2008? This project doesn't have the push behind it that other levee rehab projects do, although I suspect that someone is going to start running around with their hair on fire soon. I keep having to remind Tim about the project to try to get a grip on the timing. Project Background • Large trees were left in place as partial mitigation for the construction of the Cedar River 205 flood wall/levee project. • After Hurricane Katrina, HQ decreed that all trees need to be removed within 15 feet of any I -wall. Therefore, the mitigation trees along the Cedar 205 I -wall need to be removed. • 112 Red Alders that are greater than 12 inches dbh need to come out. • We need to mitigate for two things: 1) we need to replace the original mitigation; 2) we need to mitigate for the impacts associated with the removal of the trees (e.g. temporal losses, shading, etc.). • When I spoke with Matt Longenbaugh at NMFS regarding the tree removal, he had the following to say (via email): Nicolle, thanks for letting us know about the proposed removal of sizable riparian trees along the Cedar River. This is a Big Deal for NMFS because ecol fxn is generally low in this reach, and COE actions that would further degrade ecol fxn are serious. Designated critical habitat for PS Chinook salmon in this reach includes PCEs for rearing and migration that may be seriously affected by removing many 12-inch diam alders. While we understand that COE general policy may be to remove trees adjacent to engineered bank structures, we believe that avoiding Adverse Modification of critical habitat should carry more weight in your final design. Of course, we cannot confirm Adverse Mod in this instance until we conduct a detailed analysis but i wanted to give you all a heads -up of NMFS concern. Thanks for the info and we look forward to a site visit soon. Matt Longenbaugh Central Puget Sound Branch Chief Page 1 of 2 Current: • No work has yet been done on any environmental documents. • City of Renton has been tasked to determine what they are willing and able to do in terms of where trees might be planted. 1. The City was going to investigate putting some of the trees in the City Park across the river from the removal site, but they are not going to be able to put all of the required replacement trees in this area. There is simply not enough space. In addition, there will need to be investigation into levee clearance requirements — is there even the space if the Parks department agrees? 2. The City was also going to investigate putting some trees along the golf course stretch of the river. Another proposed location may be to put some of the replacement trees along the other side of the pipeline crossing which is west of the proposed spawning channel and the city water and sewer lines. A fourth potential option was at the Elliot Channel site. 3. The City was also talking about potentially trying to piggy back onto a King County project that involves a levee setback. I told them that they need to determine if they can really do this and what the logistics look like before they throw that out to the Services because they don't want the Services to potentially fixate on something that the City may or may not be able to do. 4. Big questions for the Services are how far away can our tree replacement be? We realize that in an ideal world, they would all go into the same reach of the river that they are being taken out of, but it isn't going to be possible. Another question is whether or not all of the replacement trees need to be conifers? Per the City of Renton's code, tree removal needs to be mitigated at a 3:1 ratio. This seems like a reasonable place to start in discussions with the Services. Nicolle Rutherford Biologist cf. Mike Scuderi, Chief, Impact Assessment Unit (x7205) Evan Lewis,Chief, Aquatic Resources Unit (x6922) Ron Kent, Acting Chief, Environmental Resources Unit (x3620) Page 2 of 2 2006 King County Flood Hazard Management Plan January 2007 Location Information Water Resource Inventory Area 8, Cedar River River Miles 0 to 1.25, 3.5 and 21 Council District 5 Jurisdiction: Renton Public lands No Agricultural Production District or Farmland Preservation Program lands Estimated Cost $4,827,000 Problem Statement On average, 10,000 to 12,000 cubic yards of gravel passes as bedload through the lower mainstem Cedar River each year. Of that, about half is deposited in the lowest 1.25 miles of the river at an average annual rate of gravel accumulation of about 6,000 cubic yards per year, while the balance comes to rest on the delta in Lake Washington. Rates of bedload yield from the basin and subsequent deposition in the lower Cedar River can fluctuate greatly in any given year from these annual average values. This ongoing deposition occurs in a segment of the Cedar River that lies adjacent to Renton Municipal Airport, Boeing property, areas of downtown Renton, and other public and private properties. Periodic dredging of gravel ac to and sediment has been employed to maintain flow conveyance through this reach in order to avert flood o,w_�pl damages to the regionally significant economic investments clustered in the vicinity. Gravel and 44t7- QIa6sediment removal was last performed in 1998, and simultaneously, improvements were made to the ve r—^levees and floodwalls along both right and left banks of the river to provide 100-year flood protection to the area. �$ The 1998 gravel and sediment removal and structural improvement project, entitled the Lower Cedar � / River Section 205 Flood Hazard Reduction Project (known as the Lower Cedar 205 Project), was CA&C,0 constructed through a partnership among the City of Renton, the U.S. Army Corps of Engineers, and 94j6v, c00%W. King County. The City of Renton, as the local project sponsor, signed a formal agreement committing to t ongoing maintenance of the bed elevation of the channel to ensure long-term benefits of the project. Each o W'k504 rk year, a detailed sediment study of the lower Cedar River is conducted to ensure that the allowable bed elevation is not reached, and hydraulic modeling is performed to predict sediment capacity associated with gravel removal maintenance intervals. In addition to the maintenance responsibilities, project permits required extensive mitigation for the initial construction impacts and impacts associated with the anticipated future maintenance dredging. Mitigation features for the Lower Cedar 205 Project included creation and enhancement of off -channel habitat and gravel supplementation in upstream river reaches. Gravel supplementation involves depositing gravel, suitably sized for spawning, into the upstream reaches of the river below the dams (which prevent the natural recruitment of gravel). Off -channel habitat was expanded by excavation of a groundwater -fed spawning channel to provide sockeye spawning habitat as well as rearing and refuge habitat for coho and Chinook salmon. The 2001 Nisqually Earthquake, however, caused a landslide that blocked the main channel of the Cedar River, resulting in the occupation of the groundwater spawning channel by the river, and ultimately the loss of the spawning channel habitat as a mitigation site. Replacement mitigation is needed to meet the permit requirements. Chapter 5 210 r �t�sT�res of''r� NMFS Tracking No.: 2008/02937 Mr. Ron Kent Acting Chief, Environmental Resources Section Seattle District, Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Northwest Region 7600 Sand Point Way N.E., Bldg. 1 Seattle, WA 98115 May 30, 2008 V,i 0 3 7.008 RE: Reinitiation of Endangered Species Act Section 7 Informal Consultation and Magnuson - Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the PL 84-99 Cedar River Side Channel Replacement Project, Renton, King County, WA, HUC 1711001201 (Cedar River) Dear Mr. Kent: The purpose of this letter is to provide consultations in our role as lead Federal agency for Endangered Species Act (ESA) review on this project for Puget Sound Chinook salmon critical habitat (Oncorhynchus tshawytscha) and Puget Sound steelhead (O. mykiss), The letter also serves to meet requirements for consultation under the Magnuson -Stevens Fishery Conservation and Management Act (MSA). Endangered Species Act The National Marine Fisheries Service (NMFS) has reviewed the May 2008 Supplement to the Biological Assessment (BA) for the PL 84-99 Cedar River Side Channel Replacement Project received on May 12, 2008. The Army Corps of Engineers (COE) proposes to construct a salmon spawning side channel, approximately 1000-ft long, to replace one destroyed by a landslide, under authority of PL 84-99. This consultation is conducted under section 7(a)(2) of the ESA, and its implementing regulations, 50 CFR Part 402. The proposed project area is located in the City of Renton in King County, Section 21 of Township 21N, Range 05E on the left bank between river mile (RM) 3.4 and 3.6 of the Cedar River. The action area is riverine habitats within the described project area and downstream 600 feet. Initial Section 7 consultation on this project was conducted in 2002, with NMFS concurring with the COE that the project was "not likely to adversely affect" Puget Sound Chinook salmon in a June 10, 2003 letter (NMFS Tracking No. 2002/00931). Shortly after receiving this letter, the COE placed this project on hold for approximately four years as no dedicated funding was available. Since that time Puget Sound Chinook salmon critical habitat was designated in 2006 and Puget Sound steelhead were listed as ESA threatened in 2007. Printed on Recycled Paper �4 Nr a U iq This channel is part of a mitigation project to off -set the loss of spawning habitat as a result of over -dredging in the lower river. The COE is proposing to replace the earthquake -damaged and non-functioning side channel at RM 5.0 with this excavated river -fed channel containing habitat features suitable for salmonid spawning and rearing. Several updates from the 2002 design are proposed, including: (1) Large woody debris jams in the channel have been replaced with 20 individually anchored conifers with rootwads and pre -excavated scour holes; (2) One additional cottonwood tree with rootwad has been added at each alcove; (3) The outlet pipe at the channel inlet structure has been increased in size to reduce velocities through the trash rack; (4) A stop - log weir was added to the box culvert to reduce the need for partial sluice gate settings; and, (5) The maintenance road alongside the channel has been increased from 10 ft. to 12 ft. wide to allow safe transit of maintenance vehicles. Additional project detail can be found in the original 2000 project BA and the 2008 Supplement. To minimize potential negative effects on Chinook and steelhead, all appropriate BMPs as noted in the BA shall be followed, including: 1) Channel excavation and habitat feature construction shall occur in the dry channel prior to inundation by river water. 2) Limit in -water work to June 16 — August 15 when aquatic species are at least risk. 3) New riparian plantings will be monitored, and replanted as necessary, for a minimum of 3 years following project completion. 4) Follow all relevant technical assistance from Washington Dept. of Fish and Wildlife. Species Determination Puget Sound Chinook salmon Puget Sound steelhead Puget Sound Chinook salmon are seasonally distributed in the Cedar River both upstream and downstream of the project site. No Chinook salmon will be in the action area during the construction window of June 16 through August 15. Following all BMPs and technical guidance will minimize potential effects to this species to the point of being discountable. NMFS concurred in a June 10, 2003 letter with a finding of "not likely to adversely affect" Puget Sound Chinook salmon, and this finding stands for the project as currently planned. Puget Sound steelhead juveniles may be present year-round in the action area. Juvenile steelhead will likely be in faster water of the main channel rather than the slower water of the spawning channel. Appropriate use of BMPs as listed above will ensure that project effects are insignificant for this species. NMFS has determined that this project "may affect, not likely to adversely affect" Puget Sound steelhead. t] Overall, this spawning channel will provide additional habitat for various life history stages of salmonids present in the Cedar River. It addresses a limiting factor identified in the Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (Water Resource Inventory Area 8, Kerwin 2001) and will likely provide continued benefits to all species. Critical Habitat Determination Puget Sound Chinook salmon The final rule designating critical habitat for Puget Sound Chinook salmon was published on September 2, 2005 (70 FR 52630) and became effective on January 2, 2006. The Cedar River is designated as critical habitat for Puget Sound Chinook salmon. Primary Constituent Elements (PCEs) associated with the project area are: 1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation and larval development; 2) Freshwater rearing sites with: (i) Water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; (ii) Water quality and forage supporting juvenile development; and (iii) Natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. 3) Freshwater migration corridors free of obstruction and excessive predation with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. NMFS has analyzed potential effects of the proposed action on these three PCEs and has determined that impacts will be insignificant. Following standard BMPs will minimize undesirable temperature and sediment effects to the action area. Project activities will not affect the suitability of the area as a migration corridor and spawning habitat, and will likely enhance the area's suitability for rearing. Because the conservation value of PCEs in the action area will be maintained and the goal of this project is restoration of fish habitat, NMFS concurs with the effect determination of "may affect, not likely to adversely affect" Puget Sound Chinook salmon critical habitat. Discussions by the COE with Muckleshoot Indian tribal staff for technical assistance to further minimize potential affects should continue as discussed in our 2003 concurrence letter. Issues regarding trash rack construction and maintenance and alternatives proposed by the USFWS are supported by NMFS. According to the COE, the City of Renton will monitor and maintain the side channel. Magnuson -Stevens Fishery Conservation and Management Act Federal agencies are required, under section 305(b)(2) of the MSA and its implementing regulations (50 CFR 600 Subpart K), to consult with NOAA Fisheries regarding actions that are 1 � J 4 authorized, funded, or undertaken by that agency that may adversely affect Essential Fish Habitat (EFH). The MSA section 3 defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity". If an action would adversely affect EFH, the Federal action agency is required to provide EFH conservation recommendations (MSA section 305(b)(4)(A)). This consultation is based, in part, on information provided by the Federal action agency and descriptions of EFH for Pacific salmon contained in Appendix A to Amendment 14 to the Pacific Coast Salmon Plan (August 1999) developed by the Pacific Fishery Management Council and approved by the Secretary of Commerce (September 27, 2000). The proposed action and action area are described in this letter and in the BA and Supplement. The action area includes habitat which has been designated as EFH for various life stages of Chinook and coho salmon (O. kisutch). EFH Conservation Recommendations: Because the habitat requirements (i. e., EFH) for the MSA-managed species in the action area are similar to that of the ESA -listed species, and because the conservation measures that NMFS has included as part of the proposed actions to address ESA concerns are also adequate to avoid, minimize, or otherwise offset potential adverse effects to designated EFH, conservation recommendations pursuant to (MSA section 305(b)(4)(A)) are not necessary. Since NMFS is not providing conservation recommendations at this time, no 30-day response is required (MSA section 305(b)(4)(B)). This concludes consultation under the MSA. If the proposed action is modified in a manner that may adversely affect EFH, or if new information becomes available that affects the basis for NMFS' EFH conservation recommendations, the COE should reinitiate EFH consultation in accordance with implementing regulations for EFH at 50 CFR 600.920(k). The efforts of the COE and the City of Renton to design, construct and maintain this project to minimize environmental impacts are appreciated. If you have any questions, please contact Randy McIntosh at 360-534-9309 or randy.mcintosh@noaa.gov. 1 D. Robert Lohn ,,,URegional Administrator cc: Karen Walter, Muckleshoot Indian Tribe Tim Shaw, Project Manager, COE Gregg Zimmerman, Public Works Director, City of Renton r Steve Lee - Re: Renton Spawning Channel Replacement Project - Temporary Use Permit Page 1 From: "Bob Gambill" <Bob.Gambill@Seattle.Gov> To: "Ronald Straka" <Rstraka@ci.renton.wa.us> Date: 5/8/2008 8:40:05 AM Subject: Re: Renton Spawning Channel Replacement Project - Temporary Use Permit Ron, Please find attached an invoice and the accounting report of SPU's costs for the project. I have highlighted in yellow the original cost estimate of $14,000, the total costs to date in the amount of $9,562.82, and the remaining current balance of $4,437.18. Obviously there have been SPU costs incurred after the letter of March 16, 2004 to Greg Zimmerman. I will review the charges. It could be that some of them can be deleted. (no promises) As we discussed on the phone please forward to me any concerns or requested changes to the permit so that we can work out the details. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> "Ronald Straka" <Rstraka@ci.renton.wa.us> 5/7/2008 3:03 PM >>> We are prepared to issue the check for the SPU Temporary Use Permit and Construction Agreement, in anticipation of the project being constructed this summer by the Army Corps of Engineers. Please provide me with an invoice to pay the required $10,500 Temporary Use Permit and Construction Agreement, as specified in the draft permit. The following is the information you requested for completing the invoice: Project Name: City of Renton/ Army Corps of Engineers Cedar River Spawning Channel Replacement Project - SPU Temporary Use Permit and Construction Agreement Project Number: SWP-27-3046 (U65190) Address: Renton City Hall - 5th floor 1055 South Grady Way Renton, WA 98057 Contact Information: Ron Straka, P.E., Utility Engineering Supervisor Surface Water Utility Ph. 425-430-2748 fax 425-430.7241 email rstraka@ci.renton.wa.us We will be contacting the SPU staff to discuss the Temporary Use Permit and Construction agreement to review it in coordination with the Army Corps of Engineers so that it can be finalized in issued. Please confirm who it is the point of contact at SPU that we need to work with to finalize the permit. Also, please forward me information as to how SPU establishes the fees associated with your Temporary Use Permit and construction agreement. I may need to use it to justify or explain why we have to pay the required amount. 1 Steve Lee - Re: Renton Spawning Channel Replacement Project - Temporary Use Permit Page 2 Please email me the invoice so that I can process it for payment immediately Please contact me or Steve Lee (425-430-7205 or slee@ci.renton.wa.us) if you have any questions or need additional information. It was nice talking to you. I am glad that there is someone else still around after all of this time besides myself. Thanks >>> "Bob Gambill' <Bob.Gambill@Seattle.Gov> 03/12/2008 5:44 PM >>> Steve, et al, I have reviewed the file for this project to get up to speed. I have attached several more related documents. As per paragraph 7 of the General Terms of the easement document and negotiations for the easement regarding the actual construction of the fish spawning channel, there is additional Temporary Construction Permit and a payment from Renton to the City required to move forward with this transaction. Copies of the documents attached. Please read the Temporary Construction Permit. There are many important provisions in the permit. A few being: - Installation of a Right of Way Gate and other improvement by the City of Renton. - Renton shall pay $10,500 to SPU in accordance with the *FEES and COST* described herein. This money needs to be paid prior to the SPU proceeding further with this project. There are accrued City of Seattle expenses of about $5200 to date, and there is expected to be more for the continuing time and materials to work on this project. The Time and materials will include any full time security that needs to be provided during construction, so ultimately the amount could be much higher. Please give me a call to discuss. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> Dale Clark 3/12/2008 7:52 AM >>> Thank you all. The row leading to the river has been a crime problem location for spu. Need to discuss enforcement issues for this area since it is open to the public. Dale L. Clark CPP Steve Lee - Re: Renton Spawning Channel Replacement Project - Temporary Use Permit Page 3 Infrastructure Protection Law Enforcement Seattle Public Utilities 2700 Airport Way South Seattle, Wa. 98134 Office: 206-386-9061 Cell: 206-390-1119 >>> Bob Gambill 3/11/2008 11:20 AM >>> Richard, Pat, Charlie and Dale, Steve Lee (425 430 7205) from the City of Renton called today and said that Renton is finally ready to go forward with its fish spawning channel on the Cedar at the foot of SPU's ESSL right of way. Shaunie Cochrane and I worked on this several years ago. (Charlie was also involved) Renton is preparing for a pre -construction meeting. Attached is the easement and diagram of the easement and location. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 CC: "Bob Gambill" <Bob.Gambill@Seattle.Gov> Steve Lee - Richard, Pat, Charlie and Dale, From: "Bob Gambill" <Bob.Gambill@Seattle.Gov> To: "Charlie Madden" <Charlie.Madden @Seattle.Gov>, "Dale Clark" <Dale.Clark@Seattle. Gov>, "Pat Lee" <Pat.Lee@Seattle.Gov>, "Richard Cox" <Richard. Cox@Seattle.Gov> Date: 3/11/2008 12:32:54 PM Subject: Richard, Pat, Charlie and Dale, Richard, Pat, Charlie and Dale, Steve Lee (425 430 7205) from the City of Renton called today and said that Renton is finally ready to go forward with its fish spawning channel on the Cedar at the foot of SPU's ESSL right of way. Shaunie Cochrane and I worked on this several years ago. (Charlie was also involved) Renton is preparing for a pre -construction meeting. Attached is the easement and diagram of the easement and location. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 CC: <slee@ci. renton.wa. us> Steve Lee - Renton Spawning Channel Replacement Project - Temporary Use Permit Page 2 Copies of the documents attached. Please read the Temporary Construction Permit. There are many important provisions in the permit A few being: - Installation of a Right of Way Gate and other improvement by the City of Renton. - Renton shall pay $10,500 to SPU in accordance with the *FEES and COST* described herein. This money needs to be paid prior to the SPU proceeding further with this project. There are accrued City of Seattle expenses of about $5200 to date, and there is expected to be more for the continuing time and materials to work on this project. The Time and materials will include any full time security that needs to be provided during construction, so ultimately the amount could be much higher. Please give me a call to discuss. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> Dale Clark 3/12/2008 7:52 AM >>> Thank you all. The row leading to the river has been a crime problem location for spu. Need to discuss enforcement issues for this area since it is open to the public. Dale L. Clark CPP Infrastructure Protection Law Enforcement Seattle Public Utilities 2700 Airport Way South Seattle, Wa. 98134 Office: 206-386-9061 Cell: 206-390-1119 >>> Bob Gambill 3/11/2008 11:20 AM >>> Richard, Pat, Charlie and Dale, Steve Lee (425 430 7205) from the City of Renton called today and said that Renton is finally ready to go forward with its fish spawning channel on the Cedar at the foot of SPU's ESSL right of way. Shaunie Cochrane and I worked on this several years ago. (Charlie was also involved) Renton is preparing for a pre -construction meeting. Attached is the easement and diagram of the easement and location. Steve Lee - Renton Spawning Channel Replacement Project - Temporary Use Permit Page 3 Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 CC: Steve Lee Ito Attachment A MRS Page 7 Recording Requested By And When Recorded Mail To: City of Seattle SPU - WTR 700 Fifth Avenue Suite 4900 Seattle, WA 98104 EXHIBIT B Reference #s of Documents Released or Assigned Grantor: Grantee: Legal Description (abbreviated): Tax Parcel ID #: none CITY OF SEATTLE, a municipal corporation of the State of Washington CITY OF RENTON, a municipal corporation of the State of Washington Pt. of the W % of the NE Y4 of Sec. 21, T. 23 N., R. 5 E. W.M. Pt. of 212305-9040 SPU # 371-610 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (the "Easement Agreement") is made this day of , 2003 by and between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through Seattle Public Utilities ("Grantor") and the CITY OF RENTON, a municipal corporation of the State of Washington ("Grantee") for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Grantor hereby conveys and quitclaims to Grantee a perpetual, nonexclusive easement in, on, over and across the land depicted in Attachment A (the "Easement Area") described as follows: That portion of the 60-foot-wide City of Seattle East Side Supply Line right-of-way (formerly known as the Mercer Island Pipeline right-of-way) as condemned by Ordinance 84393 of said City of Seattle and awarded in Verdict 2 of King County Superior Court Cause No. 486190, lying south of the Cedar River and lying north of the South line of the North half of the Southwest quarter of the Northeast quarter of Section 21, Township 23 North, Range 5 East, W.M., situate in King County, Washington for the purpose of ingress to and egress from Grantee's Cedar River Spawning Channel Project (the "Project"), located as shown in Attachment A, by Grantee, its officials, employees, agents, licensees, contractors and consultants. For such ingress and egress, Grantee shall have the right to use, construct, operate, maintain, alter, improve and replace the road presently existing in the Easement Area (together with drainage and other appurtenances thereto, the "Road"); and, within the Easement Area, to trim, cut, fell and remove all trees, underbrush, other vegetation, obstructions or structures that create unreasonable obstacles to such ingress and egress. This easement is granted subject to the following General Terms and Special Terms: Page 1 GENERALTERMS 1. Grantor reserves to itself the right to use or occupy the Easement Area or any portion thereof for any of its own purposes, not inconsistent with the purpose for this Easement, including without limitation the construction, installation, repair, replacement, maintenance, operation of Grantor's water transmission pipelines, related facilities or other Grantor improvements, and lateral connections thereto. Grantor shall not be liable or responsible for any relocation, damage to or restoration of the Road, its appurtenances or any other portion of the Easement Area that may be caused or necessitated by, or result from any use or occupancy of the Easement Area by Grantor, its employees, contractors, invitees or agents. 2. Grantor reserves to itself the right to temporarily close the access road in the Easement Area to travel when necessary for Grantor's operational needs; provided, that Grantor shall notify Grantee in advance of any such work, except when an emergency exists. If reasonably practical for the Grantor, Grantor will provide substitute access within the Easement Area, if required by the Grantee, in the event the access road is closed for a period longer than 10 days. 3. Grantor reserves to itself the right to grant easements, permits or other use rights to parties other than Grantee that are not inconsistent with Grantee's use of the Easement Area. 4. Grantee's use of the Easement Area shall in no way interfere with the present or future use thereof by Grantor. 5. Grantee understands and agrees that this Easement Agreement grants rights of ingress to and egress from the Easement Area only to Grantee, its officials, employees, agents, licensees, contractors and consultants, and not to members of the general public. 6. Grantee, at its sole expense, shall be responsible for the maintenance and safety of the Road. Grantee shall maintain the Road in a safe and passable condition at all times, and to take such measures as may be necessary to abate dust from traffic using the Road. 7. Before the commencement of any improvement, change of grade, substantial repair or replacement of the Road (each, a "Road Improvement") by Grantee or its agents, employees or contractors, Grantee shall deliver plans and specifications to Grantor's Seattle Public Utilities (SPU) for review and approval or disapproval. Such plans shall indicate the permanent grade established and depth of cover over any then -existing pipelines and other utilities, and shall show the drainage pattern within the vicinity. No Road Improvement shall be undertaken without the prior written approval of the Director of SPU, which shall not be unreasonably withheld. In addition, forty-eight (48) hours notice shall be given to SPU prior to commencement of any Road Improvement. If an emergency arises, Grantee or its agents shall immediately phone SPU at (206) 386-1800. 8. All alterations, moving or adjusting of pipelines and/or other Grantor facilities required by Road improvements undertaken by Grantee shall be performed by Grantee, subject to Grantor's prior approval of Grantee's plans for such work, at no cost to Grantor. 9. Grantee shall be liable for and pay when due all taxes (including without limitation leasehold excise tax), assessments and fees imposed on Grantor or Grantee by reason of Road or on any property interest created by this easement, and Grantee shall fulfill all other fiscal obligations required by law. 10. A. All Grantee's operations or activities on or occupancy of the Easement Area, including without limitation, any use or occupancy of the Easement Area by any official, employee, agent, representative, licensee, consultant, contractor, licensee, visitor or invitee of Grantee, shall comply with all Environmental Laws (as defined in section 10.13), including those governing, or in any way relating Page 2 to, any Hazardous Substance (as defined in section 10.C). If Grantor's property becomes contaminated as a result of actions hereunder by Grantee, its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors, Grantee shall clean up and remediate such contamination as necessary to bring the property in compliance with Environmental Laws. If Grantee does not so act in a prudent and prompt manner, Grantor reserves the right, but not the obligation, to act in place of Grantee and to take such action as Grantor deems necessary to ensure compliance or to mitigate the violation. All costs and expenses incurred by Grantor in connection with any such actions shall become immediately due and payable by Grantee upon Grantor's presentation of an invoice therefor. B. For the purposes of this Easement Agreement, the term "Environmental Law(s)" means any local, state or federal law, regulation, ordinance, order or other source of law, now or hereafter in effect relating to the protection of human health or the environment including, but not limited to: the Federal Clean Air Act; the Federal Water Pollution Control Act; the Federal Safe Drinking Water Act; the Federal Comprehensive Environmental Response Compensation and Liability Act, as amended by the Superfund Amendments and Reauthorization Act of 1986; the Federal Resource Conservation and Recovery Act, as amended by the Solid and Hazardous Waste Amendments of 1984; the Federal Occupational Safety and Health Act; the Federal Emergency Planning and Right -to - Know Act of 1986; the Federal Hazardous Materials Transportation Control Act of 1980; the Federal Water Act of 1977; the Federal Insecticide, Fungicide and Rodenticide Act; the Federal Waste Management Recovery and Recycling Act; the Washington Hazardous Waste Management Act; the Washington Hazardous Waste Fees Act; Washington Model Toxics Control Act; the Washington Nuclear Energy and Radiation Act; the Washington Radioactive Waste Storage and Transportation Act; the Washington Underground Petroleum Storage Tanks Act; and any regulations promulgated thereunder from time to time. C. For purposes of this Easement Agreement, the term "Hazardous Substance(s)" means any and all dangerous, hazardous or toxic substances, materials, wastes, pollutants or contaminants regulated under or subject to any Environmental Laws, including but not limited to those substances, materials and wastes listed in the United States Department of Transportation Hazardous Materials Table (49 C.F.R. §172.101) or by the United States Environmental Protection Agency as hazardous substances (40 C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste Management Act (Ch. 70.105D RCW) or the Washington Model Toxics Control Act (Chs. 70.105D RCW 82.21 RCW), petroleum products and their derivatives, and such other substances, materials and wastes as become regulated or subject to cleanup authority under any Environmental Law. 11. Grantee shall indemnify Grantor as follows: A. Grantee shall release, defend, indemnify and hold harmless Grantor, its officials, employees, agents, licensees, contractors, consultants, invitees and representatives (collectively, the "Indemnitees") from and against any and all claims, liens, demands, actions, costs, losses, expenses, harm, damages, and liability of any kind or character asserted or arising from, on account of, or in connection with (i) Grantee's exercise of its rights or obligations under this Easement Agreement, (ii) the acts or omissions of Grantee and its officials, employees, agents, consultants, contractors, representatives, licensees, invitees, or visitors in or upon the Easement Area or (iii) any damage to or failure of the Road resulting in any damage or injury to any person or property; provided, however, nothing herein shall require Grantee to so indemnify and hold harmless Grantor to the extent of the negligence of Grantor, its officials, employees, agents, consultants, contractors, representatives, invitees or licensees. B. Grantee shall release, indemnify, defend and hold harmless the Indemnitees from and against all claims, actions, regulatory demands, judgements, liens, damages, harm, penalties, fines, costs, expenses, liabilities or losses (including, without limitation, clean up or remedial costs, injuries to third persons, sums paid in settlement of claims, attorneys' fees, consultant fees, and expert fees) which are imposed on, paid by, or asserted against the Indemnitees in connection with any violation of Page 3 Environmental Law by Grantee, its officials, employees, agents, licensees, contractors, consultants, invitees or representatives. C. As between the parties and solely for the purpose of effectuating the indemnities contained in subsections A and B of this section 10, Grantee expressly waives any immunity, defense or protection that may be granted to it under the Washington State Industrial Insurance Act, Revised Code of Washington Title 51 or any other industrial insurance, workers' compensation or similar laws of the State of Washington. This section shall not be interpreted or construed as a waiver of Grantee's right to assert any such immunity, defense or protection directly against any of its own employees or such employee's estate or other representatives. This section 10.0 has been mutually negotiated by the parties. Initialed by: Grantee Grantor 12. Grantee shall not assign its rights or obligations hereunder except with the prior written consent of Grantor, which consent shall not unreasonably be denied. Subject to the preceding sentence, the rights and obligations of Grantor and Grantee shall inure to the benefit of and be binding upon their respective successors and assigns. Should it be necessary for the United States, acting by and through the Seattle District, United States Army Corps of Engineers, to provide operation or maintenance on the Project due to the failure of the Grantee to provide required operation or maintenance, then in that event on behalf of the Grantee, the United States may use this easement, subject to the terms and conditions contained herein, with the exception of indemnification obligations, and subject to compliance by the United States with all state and local laws, rules and regulations not in conflict with federal law; provided that the Grantor may proceed against the United States under the Federal Tort Claims Act or other applicable federal law for any damage the United States may cause or for any breach of the obligations of the United States hereunder. 13. This Easement Agreement and all of Grantee's rights hereunder shall terminate in the event that (i) Grantee ceases to use the Easement Area for a period of three (3) years or other mutually agreed upon time or (ii) Grantee is in default of its obligations hereunder, does not commence a cure within thirty (30) days of Grantor's notice of such default, and does not proceed with diligence to cure such default. The Grantor shall provide written notice to the United States of any action or failure to act on the part of the Grantee that would give rise to termination of this Easement Agreement 120 days prior to termination. Notwithstanding any provision of this Easement Agreement to the contrary, no termination of this easement will occur if the Grantee or the United States is utilizing reasonable efforts to cure the non compliance with the easement terms. In the event of termination of this Easement Agreement and upon Grantor's request, Grantee shall execute and record a Release of Easement Agreement. No termination of this Easement shall release Grantee or Grantor from any liability or obligation (including without limitation Grantee's obligations under section 10) with respect to any matter occurring prior to such termination. SPECIAL TERMS: 1. Grantee will be responsible for locking the right-of-way gates upon entering and exiting the Easement Area. 2. All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way. 3. Grantor authorizes and Grantee agrees to provide law enforcement for the Easement area. Page 4 4. Grantor authorizes and Grantee agrees to clean-up debris and material dumped or abandoned in, or in the vicinity of, the Easement Area as a result of Grantee's exercise of its rights hereunder. 5. CONTACTS: Seattle Public Utilities Real Estate Services — WTR 710 Second Avenue — 10t" Floor Seattle, Washington 98104-98055 City of Renton Surface Water Utility - 5th floor 1055 South Grady Way Renton, Washington 98055 Routine operational issues, 425-255-2242 Contact: Ron Straka, Utility Engineering Supervisor Property management issues, 206-684-5969 Phone: 425-430-7248 In case of emergency, 206-386-1800. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement Agreement as of the date first above written. The City of Seattle By: CHUCK CLARKE, Director Seattle Public Utilities STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) The City of Renton By: GREGG ZIMMERMAN, Administrator Planning/Building/Public Works Department I certify that I know or have satisfactory evidence that CHUCK CLARKE is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the DIRECTOR of SEATTLE PUBLIC UTILITIES, of the City of Seattle, a municipal corporation of the State of Washington, to be the free an voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Page 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GREGG ZIMMERMAN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ADMINISTRATOR, of PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT of the City of Renton, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Page 6 Steve Lee - Renton Spawning Channel Replacement Project - Temporary Use Permit Page 1 From: Ronald Straka To: Bob Gambill Date: 5/7/2008 3:03:21 PM Subject: Renton Spawning Channel Replacement Project - Temporary Use Permit We are prepared to issue the check for the SPU Temporary Use Permit and Construction Agreement, in anticipation of the project being constructed this summer by the Army Corps of Engineers. Please provide me with an invoice to pay the required $10,500 Temporary Use Permit and Construction Agreement, as specified in the draft permit. The following is the information you requested for completing the invoice. - Project Name: City of Renton/ Army Corps of Engineers Cedar River Spawning Channel Replacement Project - SPU Temporary Use Permit and Construction Agreement Project Number: SWP-27-3046 (U65190) Address: Renton City Hall - 5th floor 1055 South Grady Way Renton, WA 98057 Contact Information: Ron Straka, P.E., Utility Engineering Supervisor Surface Water Utility Ph. 425-430-2748 fax 425-430.7241 email rstraka(a�ci.renton.wa.us We will be contacting the SPU staff to discuss the Temporary Use Permit and Construction agreement to review it in coordination with the Army Corps of Engineers so that it can be finalized in issued. Please confirm who it is the point of contact at SPU that we need to work with to finalize the permit. Also, please forward me information as to how SPU establishes the fees associated with your Temporary Use Permit and construction agreement. I may need to use it to justify or explain why we have to pay the required amount. Please email me the invoice so that I can process it for payment immediately. Please contact me or Steve Lee (425-430-7205 or slee(@ci.renton.wa.us) if you have any questions or need additional information. It was nice talking to you. I am glad that there is someone else still around after all of this time besides myself. Thanks >>> "Bob Gambill' <Bob.Gambill@Seattle.Gov> 03/12/2008 5:44 PM >>> Steve, et al, I have reviewed the file for this project to get up to speed. I have attached several more related documents. As per paragraph 7 of the General Terms of the easement document and negotiations for the easement regarding the actual construction of the fish spawning channel, there is additional Temporary Construction Permit and a payment from Renton to the City required to move forward with this transaction. CITY OF RENTON "'R Law, Mayor May 1, 2008 Michael McCormick, Commander Department of the Army Seattle District, Corps of Engineers PO Box 3755 Seattle, WA 98124-3755 Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: CEDAR RIVER, WASHINGTON, PUBLIC LAW 84-99, RESTORATION PROJECT (CEDAR RIVER REPLACEMENT SPAWNING CHANNEL) Dear Colonel McCormick: The City of Renton is pleased to have learned that USACE Seattle District was provided approximately $590,000 for construction funds to be used for the Cedar River Replacement Spawning Channel through the Public Law 84-99 program. Unfortunately, we have learned from the Seattle District that this $590,000 is an inadequate amount that will not fully fund the construction of the "Emergency Levee Restoration, Cedar River Spawning Channel." This letter serves as the City of Renton's financial contribution commitment to funding a portion of the destroyed groundwater spawning channel on the Cedar River resulting from the 2001 Nisqually Earthquake. We are committing local sponsor funding to this project even though the PL 84-99 projects normally do not require the local sponsor to provide funding for construction of non -betterment improvements. Based upon the letter from USACE to the City received on March 11, 2008 (Attachment A), the Corps asked the City to contribute to the betterment features of the project. The Corps requested the betterment feature for the City to fund the construction of the inlet pipe and no other features or costs. The letter is attached for your reference. The City received a letter on April 28, 2008 from the Corps (Attachment B) requesting the City to commit $300,000 to the estimated construction cost of $1,200,000 for the PL 84-99 project. This $300,000 commitment includes the $60,000 that the City previously agreed to fund for the betterment portions of the project (Attachment A). The April 28, 2008 letter goes on to state that if the City does not commit the $300,000, USACE will terminate the project for lack of funds and the existing $590,000 of approved federal construction funds would be revoked. To date, the City has committed personnel, money, and other resources toward this project on the real estate review, titles, easement gathering, construction contract document preparation, planning, and permits. The City of Renton has continued to prove our commitment to this project construction by ordering current title reports and having 1055 South Grady Way - Renton, Washington 98057 RENT®N AFIE.AU OF THE CURVE This paper contains 50 % recycled material. 30%post consumer Michael McCormick, Commander May 1, 2008 Page 2 the Washington Department of Fish and Wildlife Hydraulic Permit Approval issued for the project. We are prepared to proceed with the project construction. We will commit a maximum of $300,000, which includes the betterment costs, to the project construction following the release of the federal funds to the Seattle District necessary to authorize the project for construction. In addition, if the construction of the project is less than $1,200,000, the City would be reimbursed a pro -rated share of the $300,000 of the non - betterment portion of the City's funds committed for this PL 84-99 funded project. We request that you seek additional federal funding needed for the project and provide us written confirmation that USACE is committed to completing the project construction. Please confirm that the required federal funds for the project (existing and new) will be released for the project this year, with construction scheduled for this summer. The replacement spawning channel is an essential element of the lower Cedar River Section 205 project. It is needed to replace the groundwater spawning channel that was lost due to the 2001 Nisqually earthquake. The groundwater spawning channel was required mitigation for the project to allow the initial project construction and for the future maintenance dredging necessary to provide the project flood hazard reduction benefits as designed, approved, and required by USACE. The City of Renton is committed to completing this project and we look forward to our continued partnership with USACE in accomplishing this goal. If you require additional information or have any questions, please call Ron Straka, Surface Water Utility Engineering Supervisor at (425) 430-7248. Sincerely, 23 4 eV Gregg Zimmerman, Administrator Public Works Department cc: Denis Law, Mayor Jay Covington, Chief Administrative Officer Lys Hornsby, Utility Systems Director Ron Straka, Utility Engineering Supervisor Steve Lee, Surface Water Utility Engineer Tim Shaw, USACE, Seattle District H:\File Sys\SWP - Surface Water Prcjects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement Project\1000 - Correspondence\USACE\080430-Ltr-McCormick Final May Ldoc A ffAcl,ryar,,# ' /\ DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P. O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 NEVIY TO ATTENTION OF Civil Projects Section WAR 1 1 2008 Ron Straka City of Renton, Surface Water Utility Engineering 1055 S. Grady Way Renton, WA 98055 SUBJECT: Spawning Channel inlet pipe funding Ron, The Corps of Engineers has committed to construction of a new spawning channel to replace the one lost in the Nisqually earthquake. Due to funding limitations and to limitations in the PL84-99 program to replace with a similar facility, we have determined that we will not be able to fund the construction of the inlet pipe. The inlet pipe is a necessary feature of the new spawning channel. We are proceeding with the project based on your agreement to use City funds to pay for the inlet pipe, and we are including the pipe in our construction contract as a betterment feature. A betterment feature is an improvement beyond what the Corps will fund, and is funded 100% by the City. In addition to the limitation to construct a similar facility, our funding limitation is about $590,000 for construction. We have that amount of funding for our construction contract as well as for our labor costs to administer the contract. If it appears that costs will exceed that amount, we will have to further cut the scope of the work in order to fit the funds available. If you have any questions, please call me at (206) 764-6978. Sincerely, Timothy M. Shaw, PE Project Manager CENWS-PM-CP-CJ i REPLY TO Civil Projects Section DEPARTMENT OF THE ARMY SEATTLE DISTRICT. CORPS OF ENGINEERS P. O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 APR 2 8 radrNA Ron Straka City of Renton Surface Water Utility Engineering 1055 S. Grady Way Renton, WA 98055 SUBJECT: Cedar Spawning Channel Budget Constraints Ron, HQ Corps of Engineers has verbally instructed Seattle District not to exceed construction costs of $590,000 on the Cedar spawning channel project, and also that funds are only available for construction this summer. Any funds remaining at the end of this year will be revoked. However, the estimated construction cost is $1,200,000. COL McCormick has offered to press HQ lift the budget restriction if the City will commit $300,000 to the project. Please let me know by Thursday morning if the City will make this commitment. The PL84-99 program does not require the City to provide any funds to this project, because the project is related to a Federal section 205 flood control project. The project design does include one betterment feature that would have to be funded by the City. The project includes an inlet pipe that is not similar to the spawning channel that is being replaced. The City is required to provide the cost of that inlet, estimated at about $60,000, which is included in the $1,200,000 estimate. There is no assurance that HQ will approve this plan. However, we are unable to construct the project with the funds available. If the City will not make this commitment, we will have to terminate the project for lack of funds. If you have any questions, please call me at (206) 764-6978. Sincerely, Timothy M. Shaw, PE Project Manager CENWS-PM-CP-CJ Steve Lee - Re. Richard, Pat, Charlie and Dale, Page 1 From: 'Bob Gambill' <Bob. Gambill@Seattle. Gov> To: "Charlie Madden" <Charlie.Madden @Seattle.Gov>, "Dale Clark" <Dale.Clark@Seattle.Gov>, "Pat Lee" <Pat.Lee@Seattle.Gov>, "Richard Cox" <Richard. Cox@Seattle. Gov> Date: 3/12/2008 5:45:39 PM Subject: Re: Richard, Pat, Charlie and Dale, Steve, et al, I have reviewed the file for this project to get up to speed. have attached several more related documents. As per paragraph 7 of the General Terms of the easement document and negotiations for the easement regarding the actual construction of the fish spawning channel, there is additional Temporary Construction Permit and a payment from Renton to the City required to move forward with this transaction. Copies of the documents attached. Please read the Temporary Construction Permit. There are many important provisions in the permit. A few being: - Installation of a Right of Way Gate and other improvement by the City of Renton. - Renton shall pay $10,500 to SPU in accordance with the *FEES and COST" described herein. This money needs to be paid prior to the SPU proceeding further with this project. There are accrued City of Seattle expenses of about $5200 to date, and there is expected to be more for the continuing time and materials to work on this project. The Time and materials will include any full time security that needs to be provided during construction, so ultimately the amount could be much higher. Please give me a call to discuss. Bob Gambill, SR/WA Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 >>> Dale Clark 3/12/2008 7:52 AM >>> Thank you all. The row leading to the river has been a crime problem location for spu. Need to discuss enforcement issues for this area since it is open to the public. Dale L. Clark CPP Infrastructure Protection Law Enforcement Seattle Public Utilities 2700 Airport Way South Seattle, Wa. 98134 Steve Lee Re: Richard, Pat, Charlie and Dale, Page 2 Office: 206-386-9061 Cell: 206-390-1119 >>> Bob Gambill 3/11/2008 11:20 AM >>> Richard, Pat, Charlie and Dale, Steve Lee (425 430 7205) from the City of Renton called today and said that Renton is finally ready to go forward with its fish spawning channel on the Cedar at the foot of SPU's ESSL right of way. Shaunie Cochrane and I worked on this several years ago. (Charlie was also involved) Renton is preparing for a pre -construction meeting. Attached is the easement and diagram of the easement and location Bob Gambill, SRM/A Sr. Real Property Agent Seattle Public Utilities Real Property, Claims and Facilities Services Section PO Box 34018 Seattle WA 98124-4018 206-684-5969 CC: <slee@ci.renton.wa.us>, "Audrey Hansen" <Audrey.Hansen @Seattle.Gov>, "K.C. Alberg" <KC.Alberg@Seattle.Gov> J�L City of Seattle Gregory J. Nickels Mayor Seattle Public Utilities Chuck Clarke, Director March 16, 2004 Greg Zimmerman, P.E. Administrator, Planning/Building/Public Works Department City of Renton 1055 South Grady Way Renton, WA 98055 Subject: Use of City of Seattle's East Side Supply Line Right of Way (ESSL R/W) during construction of City of Renton Cedar River Spawning Channel Dear Mr. Zimmerman: Accompanying this letter is a copy of the easement agreement granted to Renton by the City of Seattle for ingress and egress. Please note that it has not been initialed on page 4 by a Renton official. The easement agreement authorizes ingress and egress but does not provide for construction staging and related traffic. Provision 2 of the Special Conditions states: "All vehicles are restricted to H-20 loading. Except for passenger vehicles, 1-inch steel plating will be required for construction equipment or vehicles crossing over, or within 10-feet, of the centerline of the East Side Supply Line. The City of Renton or its contractor shall provide a submittal for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used within the East Side Supply Line right of way." Therefore, prior to recording the easement egreement and prior to Renton proceeding with construction activity that utilizes the SPU right-of-way, Renton must provide a submittal (Construction Access Plan) for Seattle Public Utilities to review and approve for crossing protection, equipment to be used, and how the equipment will be used. SPU's approval of this submittal will be in the form of a Temporary Use Permit and Construction Agreement (Construction Agreement). A draft copy accompanies this letter. Included in the Construction Agreement is a provision for the reimbursement of SPU operational costs associated with or caused by the construction of the Cedar River Spawning Channel. As of March 15, 2004 these costs total $5026.56. SPU expects to incur additional costs during the construction. There are no SPU costs charged to Renton for the processing of, or granting the easement. This was done in exchange for Renton obtaining an access easement over the Shadow Hawk property. If you have any questions regarding this matter, please feel free to contact me. Phone: 206-684- 5969. Email: bob.gambill@seattle.gov. Sincerely, Bob Gambill, SR/WA Sr. Real Property Agent Key Tower Building, 700 5th Ave, Suite 4900, PO Box 34018, Seattle, WA 98124-4018 Tel: (206) 684-5851, TTY/TDD: (206) 233-7241, Fax: (206) 684-4631, Internet Address: http://www.seattle.gov/util/ An equal employment opportunity, affirmative action employer. Accommodations for people with disabilities provided upon request. From: Shaunie Cochran To: Bob Gambill Date: 2/24/03 5:04PM Subject: H-20 Definition :.• Well, I found a more precise definition for H-20. The three page definition pertains to the weights of buildings materials, agricultural commodities, and floor loads for buildings. That is more than what we need. The H-20 definition is more precise for vehicles. H2O Loading is a maximum of 8,000 lbs allowed on front axil and 32,000 for rear axil. The distance between the two axles is 141. Thank goodness we didn't need the long definition. Please let me know if you have any more questions. Have a great evening. Shaunie Cochran Sr. Engineer SPU Water Engineering 206-615-0825 .iDATE WL.._ January 28, 2009 Doug Weber, P.E. US Army Corps of Engineers, Seattle District NWS Emergency Management Branch 4735 East Marginal Way South Seattle, WA 98124 SUBJECT: PL84-99 Request for 2009 Cedar River Flooding Damages to Army Corp of Engineers Section 205 Lower Cedar River Flood Damage Reduction Project, Renton, WA Dear Mr. Weber: From January 8 to January 12, the lower Cedar River in the City of Renton received a high flow event that staged river levels between the 50-year to 100-year flood stage. The high river flows resulted in a declaration of a Phase 4 Flood on the Cedar River (highest river flood phase on the Cedar River). During the Cedar River Phase 4 Flood, the Renton flow gauge measured over 10,500 cfs. After the river flood levels receded, damages on the Section 205 Lower Cedar River Flood Damage Reduction project levees and floodwalls between river -mile (RM) 0.00 to 1.25 were observed, as follows: 1. Between RM 0.00 and 1.25 of the USACE 205 project, levee and floodwall damages are apparent to the base of levee prisms. In addition to these damages, the loss of constructed side slopes without armoring will continue to erode constructed side slopes that will expose floodwall sheet piles and reduce structural stability. The side slopes are more stable where there is bank armoring. 2. Between RM 0.00 and 1.25, damages of various stormwater outfalls were observed in five out of approximately ten visible outfalls. These damages include loss of tideflex valves, pipe damages, or excessive protrusions of outfalls into the river due to scouring of the floodwall prism. When the river flows decrease, the remaining outfalls should be visible. 3. Significant amounts of sandy, silty material has filled in the Cedar River that may require advanced dredging activities of the lower 1.25 miles immediately. Full sediment deposition assessment of impacts to the lower Cedar River is not possible until after the river flows are less than 500 cfs. s Weber/PL84-99 Flood Damage to Section 205 January 28, 2009 Page 2 of 2 The City of Renton is requesting rehabilitation assistance under Public Law 84-99 for the damage to the Army Corps of Engineers Section 205 Lower Cedar River Flood Damage Reduction project floodwall, levee, and other damages due to the flood event. If you have any questions, please contact either Ron Straka, Surface Water Utility Supervisor, at 425-430-7248 or by email at rstraka@rentonwa.gov, or Steve Lee, Surface Water Utility Engineer, at 425-430- 7205 or by email at slee@rentonwa.gov. Sincerely, Gregg Zimmerman, P.E. Public Works Administrator Attachment cc: Lys Hornsby, P.E., Utility Systems Director Ron Straka, P.E., Surface Water Utility Supervisor Steve Lee, P.E., Surface Water Utility Engineer Charles Ift, USACE, NWS Emergency Management Branch, 4735 East Marginal Way South, Seattle, WA 98124-2255 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2817 Cedar River Section 205 Project\04.0 - Correspondence\4.18 - USACE\Weber-FloodwallDamage2009-090108.docRSaw �;TA RECEIVED L O � y a s m '- J. MAR 2 2 2004 CITY OF RENTON STATE OF WASHINGTON UTILITY SYSTEMS DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 March 19, 2004 REGISTERED MAIL RR 359 893 200 US Noel Gilbrough U.S. Army Corps of Engineers Environmental Resources Section PO Box 3755 Seattle, WA 98124-2255 Dear Mr. Gilbrough: Re: Order # 1040 U.S. Army Corps of Engineers # PL-04-07 Water Quality Certification and Coastal Zone Management Consistency Determination to authorize construction of side channel on Cedar River, Renton, King County, Washington. The request for certification for proposed work in and adjacent to the Cedar River has been reviewed. On behalf of the State of Washington, we certify that the proposed work, as conditioned by the enclosed Order, will comply with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to 16 U.S.C. 1456 et. seq. (Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended), Ecology concurs with the applicant's determination that this work will be consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act. This certification is subject to the conditions contained in the enclosed Order. If you have any questions, please contact Alice Kelly at (425) 649-7145. Written comments can be sent to her at the Department of Ecology, 3190 — 1601h Ave. SE, Bellevue, WA 98008. The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, Jeannie Summerhays Section Manager Shorelands and Environmental Assistance Program JS:AK:rc Enclosure cc: Rustin Director, Corps Chris Munter, City of Renton RECEIVED IN THE MATTER OF GRANTING A WATER QUALITY CERTIFICATION TO U.S. Army Corps of Engineers in accordance with 33 U.S.C. 1341 FWPCA § 401, RCW 90.48.260 and Chapter 173-201A WAC TO: Noel Gilbrough U.S. Army Corps of Engineers Planning Branch PO Box 3755 Seattle, WA 98124-3755 AR 7 ? 2004 a(TY OF RENTON UTILITY SYSTEMS ORDER # 1040 Corps Reference No. PL-04-07 Cedar River Side Channel Replacement Project; replace salmonid spawning and rearing channel destroyed by the Nisqually earthquake; located in Section 21, T. 23 N., R. 5 E., Renton, King County, Washington. On February 1, 2004, a public notice for a proposed water quality certification from the State of Washington was distributed for the above -referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWPCA §401). The proposed project entails construction of a side channel on the Cedar River to replace a constructed side channel that was destroyed in the February 2001 Nisqually earthquake. Replacement is mandatory because the side channel is required mitigation for the Cedar River Flood Damage Control Project (dredging). The goal of the project is to create off -channel spawning and rearing habitat for salmonids, primarily sockeye and Chinook. The proposal includes excavation of 6,000 cubic yards of floodplain sediments to create the 1,200 foot -long channel along the left bank between RM 3.4 and 3.6 in the City of Renton. The material will be stockpiled on uplands nearby. The 10,000 square -foot channel will be constructed with 3:1 side slopes, alcoves with woody debris, and will be revegetated with native vegetation after construction. The intake structure will consist of a concrete box culvert, trash rack, control valve, geogrids and approximately 140 feet of pipe. AUTHORITIES: In exercising authority under 33 U.S.C. 1341, 16 U.S.C. 1456, and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality -based, technology -based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 303, 306 and 307); 2. Conformance with the state water quality standards as provided for in Chapter 173-201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law; and Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19, 2004 Page 2 of 6 CONDITIONS OF ORDER # 1040 AND WATER QUALITY CERTIFICATION: In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter 173-201A WAC, water quality certification is granted to the U.S. Army Corps of Engineers subject to the following conditions: A. No Impairment of Water Quality: Al. The Cedar River is classified as Class AA waters of the state. Certification of this proposal does not authorize U.S. Army Corps of Engineers to exceed applicable state water quality standards (Chapter 173-201A WAC) or sediment quality standards (Chapter 173-204 WAC). Water quality criteria contained in WAC 173-201A-030(1) and WAC 173-201A-040 shall apply to this project, unless otherwise authorized by Ecology. This Order does not authorize temporary exceedances of water quality standards beyond the limits established in WAC 173-201A-110(3). Furthermore, nothing in this certification shall absolve the permittee from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. A2. Turbidity in Class AA waters shall not exceed 5 NTU over background when the background turbidity is 50 NTU or less, or have more than a 10 percent increase in turbidity when the background turbidity is more than 50 NTU. B. Construction: B 1. Construction activities waterward of the ordinary high water mark may cause water quality effects that will exceed the state water quality criteria specified in WAC 173- 201A. Mixing zones (or zones of disturbance) can be authorized to allow for temporary exceedances of certain water quality standards in state waters immediately adjacent to a permitted project, provided that the discharger fully applies all known, available, and reasonable methods of prevention, control, and treatment (AKART). No mixing zone shall be granted unless the supporting information clearly indicates the mixing zone would not have a reasonable potential to cause a loss of sensitive or important habitat, substantially interfere with the existing or characteristic uses of the water body, result in damage to the ecosystem, or adversely affect public health as determined by the department (WAC 173-201A-100(4)), and the size of a mixing zone and the concentrations of pollutants present shall be minimized (WAC 173-201A-100(6)). B2. For this project, a temporary turbidity mixing zone of 300 feet from the downstream edge of the in -water activities is considered reasonably sufficient to allow for temporary water quality exceedances (WAC 173-201A-110(3)). Within the mixing zone, the Class AA standard for turbidity is waived. All other applicable water quality standards shall remain Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19, 2004 Page 3 of 6 in effect within the mixing zone and all other water quality standards are to be met outside of the authorized mixing zone. ��r« B3. The waiver of specified standards within the mixing zone is intended for brief periods of time (such as a few hours or a day) and is not an authorization to exceed those standards for the entire duration of construction. In no case does the waiver authorize degradation of water quality that significantly interferes with or becomes injurious to characteristic water uses, including fisheries habitat, or causes long-term harm to the Cedar River. B4. Water Quality Monitoring: Sampling for turbidity shall occur a minimum of every two hours throughout the first day of in -water construction activity. Subsequent sampling is dependent upon monitoring results, but shall be a minimum of three times per day during in -water activity if no exceedances are detected. Sampling shall increase if exceedances are detected. B5. Construction Stormwater and Erosion Control: Work in or near waters of the state shall be done so as to minimize turbidity, erosion, and other water quality impacts. Construction stormwater, sediment and erosion control Best Management Practices suitable to prevent exceedances of state water quality standards (e.g., detention and/or infiltration areas, silt fences, etc.), shall be in place before starting clearing, excavating, and grading work at the impact site. B6. During clearing and excavation, U.S. Army Corps of Engineers shall take all necessary measures to minimize the alteration or disturbance of existing wetland and upland vegetation. B7. 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. B8. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked daily for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters. No refueling of equipment shall occur over, or within 50 feet of the river or wetlands...,. Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19, 2004 Page 4 of 6 Bl 1. A qualified stream ecologist shall be on site to oversee project construction and riparian planting. B 12. Side channel construction and installation of the inlet structure shall be isolated from the flow of the Cedar River. B13. Before water is diverted into the side channel, approved fish habitat components, streambed materials, and bank protection to prevent erosion shall be in place. B 14. Alteration or disturbance of the streambank and bank vegetation and wetlands and wetland vegetation shall be limited to that necessary to install the project. With seven calendar days of project grading work, all disturbed riparian areas shall be protected from erosion using vegetation or other means. Installation of the project plantings shall be completed per the approved plans prior to the start of the first growing season (March 1) subsequent to project grading. Project plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival. B 15. Water diversion shall occur only after inspection and approval of the side channel by an Area Habitat Biologist or other representative of Washington Department of Fish and Wildlife. B16. If at any time as a result of project activities fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills) operations shall cease and the following agencies shall be contacted: Department of Ecology at (425) 649-7000 and Washington Department of Fish and Wildlife (WDFW) at (360) 534-8233. Work shall not resume until further approval is given by WDFW. C. Stormwater Management: Cl. The US Army Corps of Engineers shall comply with the Stormwater Management Manual for Western Washington, August 2001. D. Emergency/Contingency Measures Notify Ecology of the failure to comply. Spill events shall be reported immediately to 'fin T-T—. c..:ii 'ro.,w, �+ fA )Cl rAO-'7000 —A . Afk;-')A t,,,,,, fn Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough ------- - -- -- March 19, 2004 Page 5 of 6 • Submit a detailed written report to Ecology within five days that describes the nature of the violation, corrective action taken and/or planned, steps to be taken to prevent a recurrence, results of any samples taken, and any other pertinent information. F1. For purposes of this Order, the term "Applicant" shall mean U.S. Army Corps of Engineers and its agents, assigns, and contractors F2. This certification does not exempt and is provisional upon compliance with other statutes' and codes administered by federal, state, and local agencies. F3. The applicant will be out of compliance with this certification if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification, or as otherwise approved by Ecology. Additional mitigation measures may be required through other local, state, or federal requirements. F4. The applicant will be out of compliance with this certification and must reapply with an updated application if five years elapse between the date of the issuance of this certification and the beginning of construction and/or discharge for which the federal license or permit is being sought. F5. F6. The applicant will be out of compliance with this certification and must reapply with an updated application if the information: contained in the Public Notice is voided by subsequent submittals to the federal agency. Any future action at this project location, emergency or otherwise, that is not defined in the Public Notice, or has not been approved by Ecology, is not authorized by this Order. All future actions shall be coordinated with Ecology for approval prior to implementation of such action. Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. To avoid violations or non-compliance with this Order, the applicant shall ensure that project managers, construction superintendents, and other responsible parties have read and understand relevant aspects of this Order, the NPDES permit if applicable, and any subsequent revision or Ecology -approved plans. Order # 1040, U.S. Army Corps of Engineers # PL-04-07, Noel Gilbrough March 19, 2004 Page 6 of 6 F7. The applicant shall provide access to the project site and all mitigation sites upon request by Ecology personnel for site inspections, monitoring, necessary data collection, or to ensure that conditions of this Order are being met. F8. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology determines further actions are necessary to implement the water quality laws of the state. Further, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are tw t identified (e.g., violations of water quality standards, downstream erosion, etc.), or if additional conditions are necessary to further protect the public interest. F9. Liability: Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars ($10,000) per violation for each day of continuing noncompliance. Appeal Process:... Any person aggrieved by this Order may obtain review thereof by appeal, within thirty (30) days of receipt of this Order, to the Washington Pollution Control Hearings Board, P.O. Box 40903, Olympia, WA 98504-0903. Concurrently, a copy of the appeal must be sent to the Department of Ecology, Shorelands and Environmental Assistance Program, P.O. Box 47600, Olympia, WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder.,;, State of Washington ,< F aw� Washington State Department of Ecology Stormwater Construction Permit Invoice M' A S 11 1 N 6 T L N S T A T 1 ] F P A 6 1 M f N 1 II G F. C O L O G Y RENTON, CITY OF V•00'q-1RECEIVED Invoice #: Attn: CHRIS MUNTER Permit: CEDAR RIVER SPAWNING CHANNEL JUL 0 9 200r, Fee Type: 5TH FLOOR, 1055 S GRADY WAY CITY OF RENTON Category: RENTON, WA 98055 UTILITY SYSTEMS Printed. Jul 07, 2009 2010-WAR005263 WAR005263 Stormwater Construction 1. < 5 acres disturbed area Date Description Annual Fee Amount Billed Amount Paid Amount Due Due Date 07/07/2009 Annual Fee Amount $454.00 $0.00 $0.00 $0.00 07/07/2009 Billing Amount $0.00 $454.00 $0.00 $454.00 08/21/2009 Total Annual Fee: $454.00 $454.00 — $0.00 = $454.00 This invoice covers Fiscal Year 2010 (July 1, 2009, through June 30, 2010). * Permit fees will continue until the permit has been terminated by Ecology regardless of when the permitted activity ceased. * Delinquent accounts will be turned over for collection. OSToA�. ona-7.0oac� * Stormwater Discharge Permit Fee Questions should be addressed to: Shirley Rollins, 360/407-7330 (SROL461 @ecy.wa.gov). Please send check or money order payable to: (DO NOT SEND CASH!) Department of Ecology Cashiering Unit PO Box 47611 Olympia WA 98504-7611 7/7/2009 8.1757AM 1,47500 Detach and return this portion with your check. PLEASE INCLUDE THE INVOICE NUMBER ON YOUR CHECK Printed: Jul 07, 2009 Stormwater Construction Fee Billing Notice Past Due Amount This Fiscal Year: Current Amount Due: Total Amount Due: RENTON, CITY OF Attn: CHRIS MUNTER 5TH FLOOR, 1055 S GRADY WAY RENTON, WA 98055 $0.00 $454.00 $454.00 ♦-- This Amount Due By 08/21/2009 Invoice #: 2010-WAR005263 Permit: WAR005263 Coding: 176 - WWD - 02-86-000196 ECY 010-72b (6/99) Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 PERMITTEE Renton City of Surface Water Utility Department ATTENTION: Ron Straka 1055 S Grady Way 5th Floor Renton, WA 98057 425-430-7248 Control Number: FPA/Public Notice # North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A AUTHORIZED AGENT OR CONTRACTOR Renton City of Surface Water Utility ATTENTION: Steve Lee 1055 S Grady Way Fifth Floor Renton, WA 98057 425-430-7205 Project Name: Cedar River Spawning Channel at Rolling Hills Project Description: Construct a spawning channel with inlet structure to assist with long term mitigation requirements for the Cedar River Section 205 Flood Damage Project; includes large woody debris, vegetation, channel construction, access road to maintain the structure, and construction of the inlet structure; access is via easements off Royal Hills Drive SE PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by August 15, 2010, provided that construction within the ordinary high water line (OHWL) of the Cedar River shall occur only between June 16 and August 15. 2. NOTIFICATION REQUIREMENT: NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below (e-mail to fisheldf@dfw.wa.gov) and the Enforcement Program Officer (e-mail to willewmw@dfw.wa.gov) shall receive e-mail notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) no less than three working days prior to start of work, and again within seven days of completion of work to arrange a compliance inspection. The notification shall include the permittee's name, project location, starting date of work or completion date of work, and the control number of this HPA. 3. Work shall be accomplished per plans and specifications entitled, "CEDAR RIVER MITIGATION CHANNEL", dated July 20, 2004, submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 4. A qualified stream ecologist shall be on site to oversee project construction and riparian planting. 5. Installation of the inlet structure and outlet of the side channel shall be isolated from the flowing stream. 6. During construction, the side channel shall be isolated from the flowing stream. 7. Before water is diverted into the side channel, approved fish habitat components, streambed materials, and bank protection to prevent erosion shall be in place. Fish habitat components and Page 1 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 Control Number: FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A bank protection material shall be installed to withstand the 100-year peak flows. 8. Spoils from the side channel shall be placed in an approved upland site. 9. Water diversion shall occur only after inspection and approval of the side channel by the AHB listed below or his representative. r 10. Alteration or disturbance of the streambank and bank vegetation and wetlands and wetland vegetation shall be limited to that necessary to install the project. Within seven Callender days of project grading work, all disturbed riparian areas shall be protected from erosion using vegetation or other means. Installation of the project plantings shall be completed per the approved plans (Provision 3) prior to December 31 of the year of spawning channel construction. Project plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 11. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 12. Erosion control methods shall be used to prevent silt -laden water from entering the streams and/or associated wetlands. 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. 13. Prior to starting work, the selected erosion control methods (Provision 12) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods. 14. Equipment used for this project may operate below the OHWL as per the TIMING LIMITATIONS (Provision 1), provided the drive mechanisms (wheels, tracks, tires, etc.) shall not enter or operate below the OHWL. 15. Equipment used for this project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 16. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 17. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream or wetlands associated with the stream. Page 2 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 Control Number: FPA/Public Notice # PROJECT LOCATIONS Location #1 Rolling Hills Spawning Channel North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A WORK START: April 28, 2008 WORK END: August 15, 2010 WRIA: 08.0299 Waterbody: Cedar River Tributary to: Lake Washington 1/4 SEC: NE 1/4 Section: 21 Township: 23 N Range: 05 E Latitude: N 47.47154 Longitude: W 122.16874 County: King Location #1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. Page 3 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 Control Number: FPA/Public Notice # North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as 'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. Page 4 of 5 r Washington HYDRAULIC PROJECT APPROVAL North Puget Sound Department of 16018 Mill Creek Boulevard FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Mill Creek, WA 98012-1296 WILDLIFE (425) 775-1311 Issue Date: April 28, 2008 Control Number: 112878-1 Project Expiration Date: August 15, 2010 FPA/Public Notice #: N/A ENFORCEMENT: Sergeant Chandler (34) P2E Habitat Biologist c. for Director Larry Fisher 425-313-5683 4WDFW CC: Page 5 of 5 67Ar e, RECEIVED Q MAY 0 2 2008 CITY OF RENTON State of Washington UTILITYSYSTc9AS DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N • Olympia, WA 98501.1091 • (360) 902-2200, TDD (360) 902-2207 Main Office Location: Natural Resources Building • 1111 Washington Street SE • Olympia, WA To: Hydraulic Pi From: Jeff Koeninj Subject: Request for You recently received a Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW). I'd like to know how we did in providing service to you and how we might do a better job. Please take a few moments to complete the enclosed comment card. The card is already addressed to my office and stamped; you only need to drop it in the mail. WDFW is responsible for protecting fish and wildlife across the state. Our regulatory authority includes the protection of fish and fish habitat, and we do this through the HPA whenever someone wants to do work in or near water. Our goal is to help landowners and contractors do this work and, at the same time, protect fish and fish habitat. Governor Gregoire has recently emphasized the need for state employees to be clear, consistent, and timely when responding to the needs of Washington citizens. This has been the goal of WDFW as well. The HPA comment card is one way for me to measure how we are doing in this regard. For that reason, your comments will be very useful and greatly appreciated. Thank you. Enclosure V CY o� CITY OF RENTON Public Works Department Administrator \-mo Denis Law, Mayor Gregg Zimmerman P.E., Adminisw April 9, 2008 Larry Fisher WDFW Area Habitat Biologist c/o City of Issaquah 1775 12f' Avenue NW Suite 201 Issaquah, WA 98027 SUBJECT: Cedar River Spawning Channel at Rolling Hills Drive SE Utility Easement — HPA Re -Issuance Dear Mr. Fisher: Enclosed is the 90% design by the Army Corp of Engineers that is consistent with the HPA Log Number ST-F8338-02. Please note that this plan set by the USACE has not changed any design items associated with the last July 20, 2004 design. The July 20 plan set was the last HPA associated with Log Number ST-178338-02. The City's intent is to get a new HPA due to the expiration of the last HPA. If you have any questions or require additional information, please call me at 425-430-7205. Sincerely, Steven Lee, 7E. Surface Water Utility Engineer Enclosures: HPA Log Number ST-F8338-02 Revised Plans H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel Replacement — ____Project\1400 - Permits, Plan Review\WDFW\080409-HPARevLetter.doc\STL\gd 1055 South Grad Way - Renton, Washington 98057 RENTOIN This a AHEAD OF THE CURVE p percontains 50 %recycled material, 30 %post consumer HYDRAULIC PROJECT APPROVAL State of Washington RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife 171Su ..d Region 4 Office R V 16018 Mill Creek Boulevard Mill Creek, Washington 98012 AN 4 r j�� DATE OF ISSUE: January 12 2004 LOG NUMBER: ST-1`8338-02 017 Y OF REN-rot4 7YSiE S At the request of Christian D. Munter on January 8, 2004, this Hydraulic Project Approval (HPA), which now supersedes the previous HPA for this project, is a change of the original HPA issued May 16, 2003. PERMITTEE City of Renton Surface Water Utility ATTENTION: Ron Straka 1055 South Grady Way - 5`h floor Renton, Washington 98055 425-430-7248 AUTHORIZED AGENT OR CONTRACTOR City of Renton Surface Water Utility ATTENTION: Chris Munter, P.E. 1055 South Grady Way - 5' floor Renton, Washington 98055 425-430-7205 PROJECT DESCRIPTION: New Permanent Fixed Freshwater On Bed Habitat Off Channel/Side Channel PROJECT LOCATION: Accessed through Rolling Hills Drive Southeast utility easement, south side, Renton, Washington 47.47154 North Latitude, 122.16874 West Longitude # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.0299 Cedar River Lake Washington NE 21 23 North 05 East King PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by March 1, 2008, provided that construction within the ordinary high water line (OHWL) shall occur only between June 16 and August 15. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall be contacted at least three working days prior to start of work, and again within seven days of completion of work to arrange for compliance inspection. 3. Work shall be accomplished per plans and specifications entitled, "CEDAR RIVER MITIGATION CHANNEL", dated January 1, 2004, submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 4. A qualified stream ecologist shall be on site to oversee project construction and riparian planting. 5. Installation of the inlet structure and outlet of the side channel inlet shall be isolated from the flowing stream. 6. During construction, the side channel shall be isolated from the flowing stream. 7. Before water is diverted into the side channel, approved fish habitat components, streambed materials, and bank protection to prevent erosion shall be in place. Fish habitat components and bank protection material shall be installed to withstand the 100-year peak flows. 8. Spoils from the side channel shall be placed in an approved upland site. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington el RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife F158oed Region 4 Office 16018 Mill Creek Boulevard WULN Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-F8338-02 9. Water diversion shall occur only after inspection and approval of the side channel by the AHB listed below or his representative. 10. Alteration or disturbance of the streambank and bank vegetation and wetlands and wetland vegetation shall be limited to that necessary to install the project. Within seven calender days of project grading work, all disturbed riparian areas shall be protected from erosion using vegetation or other means. Installation of the project plantings shall be completed per the approved plans (Provision 3) prior to the start of the first growing season (March 1) subsequent to project grading. Project plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival. 11. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and WDFW at (360) 534-8233 and Washington Department of Ecology at (425) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 12. Erosion control methods shall be used to prevent silt -laden water from entering the streams and/or associated wetlands. 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. 13. Prior to starting work, the selected erosion control methods (Provision 12) shall be installed. Accumulated sediments shall be removed during the project and prior to removing the erosion control methods. 14. Equipment used for this project may operate below the OHWL, provided the drive mechanisms (wheels, tracks, tires, etc.) shall not enter or operate below the OHWL. 15. Equipment used for this project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 16. Equipment crossings of the streams are not authorized by this HPA. 17. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 18. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. SEPA: DNS by City of Renton, final on July 31, 2002. APPLICATION ACCEPTED: January 12, 2004 ENFORCEMENT OFFICER: Lambert 41 [P2] Larry Fisher (425) 649-7042„r,rfor Director Area Habitat Biologist O WDFW Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington Depao! RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife Region 4 Office F1SE.ad 16018 Mill Creek Boulevard WOLN Mill Creek, Washington 98012 DATE OF ISSUE: January 12, 2004 LOG NUMBER: ST-F8338-02 (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. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 393, LAWS OF 2003: 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 FORMAL APPEAL shall be in accordance with the provisions of Chapter 393. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 _ _ - m 7nt' Cf m p3 so � • 3 ,W� OC) ,. GD N b w N (1 rn y 4 i 4 f 1 i t 4 f i 0OQ -+i to VI b W W ~ • rn m �y �rnry G7 Dj 7ppE O10 r> .9 r O D emsz• O O T C7 a '17 Q p'• t- A N b N 2 O m pO fPf y�+I 1r- N. /r*f EnLO � r rn -+ a r y 2 C7 _D r Ln Z T�7 f�+T a r^ N rn �T1 I hu I d a i Z myy a 111 u) A T M� I, W. A > > P 0 c:-� Frz- rt 0 XT M,10�4-1 0", 10" A-C x T A, 'N mp -4 mg 12 M4 0— A -4 -4 z 0 po J.- 0 C) 0 > 0�m a nz a > 0 moo 0 -4 z -,< < 00 UR 0 0 C) M r- -4 6 w ,;, z -,Al X T T m z -4 x m. 0 Z.0 z 0 m m 0. 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',.�,� •.....--�' ,,ram ,r. ,r'" f - F; Y i „r r � , Nl - x . Z � Z O Hn� �GZO ymy <9AA x2 r Nm'o�i 3."••� �OLoy � N��Z J. < m xt Z O m t9` m�i aor �p O�$wypr �bn �Nf5 fr1 rd <zn r1i C: as �A4r m Ih O o m � � a x x O Qp 37 LA r ri M A A m Nm `N x. m Vf M V, N X QK AOt 70l' h a w u w A w qk" m "R w 4 fi =z M V1 � € p: Mm « � Z CA r1 Q � z' m rb Z i m vela CA rN 1 wt 2 y; 3" m n Ir' a—�Ecz �i^'bx�m � Xlm a Oo j '$a m — IL < X '—� A �`I-ny z� � w p ,Czi rir>'. ZrJ�'� I1►: �{ j N O ! �^ ini "'�ii+�L�'l�CC� � I> 7e rA r�; O o—H -a:-t5il i �s -.4 ��O'i(p �n r: ^' �IN� at u+> g -y rai -a -inn p �'yr �CCCC^�1i� In� c s z mn �n m [or �' V1 {A;; LA W rl Z 'A Q�?.Z m Zq}' � A �b Z mA �iT' ig> m i O>! o n r c-�o,�z'. >O x m -4 A► p{I N W lay+>�'— -C a N CYs i C7 •� A ( i i EE11 : ' to I a I I r ib_ f"' rb•- I t"' 1a^ T I E I r t>" SrM T 4>` a E i _p I i A•1 N N N O I CS j Q O D i p! �O O D O i Q I I O fi O n O ff :.. O C y Li N ;Nq i LA (A j Vf 0 II L4 O Vl IA 4A , IA ' .__. i -4! .___.__� I ILA _..._.. _...... } {/� _.. ...—.. b o! O -4 f/l i (AI W tnV� vi in O O IA s I C -4 i 1 ! I VS ith { i Vr t/1 C , 1 i i EE( '" ,E 11 4a7, Ww j NP1 0 0 _ oz 1 oo m w ! N ea N I { , < i O���!�O� I y � I I r� I i m x C m 0 f D e � � } N m 1 i Washington ,�.Aoa Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 PERMITTEE Renton City of Surface Water Utility Department ATTENTION: Ron Straka 1055 S Grady Way 5th Floor Renton, WA 98057 425-430-7248 Control Number: FPA/Public Notice # North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 RECEIVED 112878-1 N/A APR 3 0 Zul CITY Of RENTON SYSTEMS AUTHORIZED AGENT OR CONTRACTOR Renton City of Surface Water Utility ATTENTION: Steve Lee 1055 S Grady Way Fifth Floor Renton. WA 98057 425-430-7205 Project Name: Cedar River Spawning Channel at Rolling Hills Project Description: Construct a spawning channel with inlet structure to assist with long term mitigation requirements for the Cedar River Section 205 Flood Damage Project; includes large woody debris, vegetation, channel construction, access road to maintain the structure, and construction of the inlet structure; access is via easements off Royal Hills Drive SE PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by August 15, 2010, provided that construction within the ordinary high water line (OHWL) of the Cedar River shall occur only between June 16 and August 15. 2. NOTIFICATION REQUIREMENT: NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below (e-mail to fisheldf@dfw.wa.gov) and the Enforcement Program Officer (e-mail to willewmw@dfw.wa.gov) shall receive e-mail notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) no less than three working days prior to start of work, and again within seven days of completion of work to arrange a compliance inspection. The notification shall include the permittee's name, proiect location, starting date of work or completion date of work, and the control number of this HPA. 3. Work shall be accomplished per plans and specifications entitled, "CEDAR RIVER MITIGATION CHANNEL", dated July 20, 2004, submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 4. A qualified stream ecologist shall be on site to oversee project construction and riparian planting. 5. Installation of the inlet structure and outlet of the side channel shall be isolated from the flowing stream. 6. During construction, the side channel shall be isolated from the flowing stream. 7. Before water is diverted into the side channel, approved fish habitat components, streambed materials, and bank protection to prevent erosion shall be in place. Fish habitat components and Page 1 of 5 ee Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 Control Number: FPA/Public Notice #: North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A bank protection material shall be installed to withstand the 100-year peak flows. 8. Spoils from the side channel shall be placed in an approved upland site. 9. Water diversion shall occur only after inspection and approval of the side channel by the AHB listed below or his representative. 10. Alteration or disturbance of the streambank and bank vegetation and wetlands and wetland vegetation shall be limited to that necessary to install the project. Within seven calender days of project grading work, all disturbed riparian areas shall be protected from erosion using vegetation or other means. Installation of the project plantings shall be completed per the approved plans (Provision 3) prior to December 31 of the year of spawning channel construction. Project plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival of each species or a contingency species approved by the AHB. 11. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Emergency Management Division at 1-800-258-5990, and to the AHB. 12. Erosion control methods shall be used to prevent silt -laden water from entering the streams and/or associated wetlands. 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. 13. Prior to starting work, the selected erosion control methods (Provision 12) shall be installed Accumulated sediments shall be removed during the project and prior to removing the erosion control methods. 14. Equipment used for this project may operate below the OHWL as per the TIMING LIMITATIONS (Provision 1), provided the drive mechanisms (wheels, tracks, tires, etc.) shall not enter or operate below the OHWL. 15. Equipment used for this project shall be free of external petroleum -based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the OHWL. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 16. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 17. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, sediments, sediment -laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream or wetlands associated with the stream. Page 2 of 5 Washington Department of "'111 FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 Control Number: FPA/Public Notice #: PROJECT LOCATIONS Location #1 Rolling Hills Spawning Channel North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A WORK START: April 28, 2008 WORK END: August 15, 2010 WRIA: 08.0299 Waterbody: Cedar River Tributary to: Lake Washington 1/4SEC: NE 1/4 Section: 21 Township: 23 N Range: 05 E Latitude: N 47.47154 7Lorgit2ude.. 16874 County: King Location #1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. Page 3 of 5 le Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 Control Number: FPA/Public Notice # North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Project Approval applicant, resolution of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department actions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other 'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Department at 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilization only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request a formal appeal. The FORMAL APPEAL shall be in accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to the Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; telephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights. If there is no timely request for an appeal, the department action shall be final and unappealable. Page 4 of 5 Washington Department of FISH and WILDLIFE HYDRAULIC PROJECT APPROVAL RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Issue Date: April 28, 2008 Project Expiration Date: August 15, 2010 ENFORCEMENT: Sergeant Chandler (34) P2E Control Number: FPA/Public Notice # North Puget Sound 16018 Mill Creek Boulevard Mill Creek, WA 98012-1296 (425) 775-1311 112878-1 N/A Habitat Biologist for Director Larry Fisher 425-313-5683WDFW CC: Page 5 of 5 Steve Lee response to renton apr18.doc Page 1 Cedar River Mitigation Channel Response to City of Renton April 18, 2008 1. All pages' dates will be changed to the date the files are "final":Ioi_� V 2. A 25 foot turning radius has been added to the Maintenance Access Road, Plate C-3 3. Gate at Maintenance Access Road has been relocated to where the 25 foot turning radius ends. 4. There are no references to utilities in the survey files. Notes have been added instructing contractor to be aware of utilities, locate and verify before starting construction, and that responsibility for any damage lies with the contractor. 5. Added an Access ramp to the top of riprap slope next and parallel to the CPEP outlet. The existing riprap has the requested 3:1 slope. 6. pox culvert and Trash ruck at the Cedar River inlet are needed as per hydraulic design. °-- �-` , , Ct . - FLAT ruJT PrUTIZU 7. The vault is sized to allow for connection to the 48 inch box culvert and for needed sediment storage to reduce the frequency of required maintenance. 8. The sluice gate on the box culvert outlet to the vault is for spawning channel flow optimization and maintenance (used to shut off water for cleaning debris accumulation in vault bottom and to stop flow for any maintenance to the spawning channel). Some method of1shutting off water to the vault should be included in the design. .1 9. 2 feet of debris storage (sump) has been shown on the vault below the outlet of the box culvert and below the inlet of the CPEP. 10.The trash rack on both the box culvert and the CPEP should have grate openings small enough to assure beavers cannot carry sticks into the culverts or vault to construct dams, but also a ow a ult ish passage, and be a minimum of 3 times the area of the opening for correct hydraulic flow. 11.The slope and the OHW of the CPEP have been added to plate C-5. The slope of the CPE is. , °o o allow for fish to swim into through the CPEP back to the river if desired, and to limit potential for scour at the pipe outlet. The slope on the box culvert is 0.8% to assure flow iVo the channel from the river. 12. The "sticks" on the cottonwood on plate C-6 have been removed. t% 13. The irrigation and associated notes have been removed. 1 CITY OF RENTON ,U� Denis Law, Mayor April 22, 2008 Larry Fisher WDFW Area Habitat Biologist C/O City of Issaquah 1775 12`h Avenue NW, Suite 201 Issaquah, WA 98027 Public Works Department Gregg Zimmerman P.E., Administrator SUBJECT: Cedar River Spawning Channel (Replacement Spawning Channel) at Rolling Hills: Request for HPA Dear Mr. Fisher: Enclosed are two sets of the 90% design plans by the Army Corps of Engineers (USACE) and the HPA application request. Please note that this plan set by the USACE does not have any significant changes from the last permitted plan set dated July 20, 2004. The July 20, 2004 plan set is related to HPA Log Number ST-178338-02. The City's intent is to obtain a new 5-year HPA permit due to the expiration of the last HPA for this proposed project. If you have any questions or require additional information, please call me at 425-430-7205. Sincerely, Steven Lee, P.E. Surface Water Utility Engineer Enclosures cc: Ronald Straka, P.E., Surface Water Utility Engineering Supervisor H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-3046 Spawning Channel eplacR ement Project\1400 - Permits, Plan Review\WDFW\080418-HPA-Letter-Larry.doc\STLtp R E N T O N 1055 South Grad Way - Renton, Washington 98057 AHEAD OF THE CURVE This paper contains 50 % recycled material, 30% post consumer Agency Reference AGENCY USE ONLY Date Received: JARPA FORM LAST UPDATED: March 19, 2007 � #: Circulated by: (local gout. or agency) Project Tracking Number: rN 'a Washington State JOINT AQUATIC RESOURCES PERMIT APPLICATION (JARPA) Form Step 1: Get Ready Step 2: Complete Form Step 3: Check Work Step 4: Copy and Send In Go to www.epermitting.org Use black ink. Use internet "Help" Use final review See JARPA Contacts at for correct form and Check correct buttons to answer checklist at www.el)ermittinia.org for instructions. permit boxes. questions completely. www.epermitting.org. correct mailing addresses. ❑ Fish Habitat Enhancement Projects per RCW 77.55.181. You must submit copy of completed JARPA form and Fish Habitat Enhancement JARPA Addition to your Local Government Planning Dep't and WA Dep't of Fish and Wildlife (WDFW) Area Habitat Bioloqist on same day. Note for Local Governments: You must submit comments to WDFW within 15 workinq days. Based on instructions at www.epermitting.org, I am sending copies of this application to the following: (check all that apply) [2Cocal Government for Shoreline: ❑Substantial Development ❑Conditional Use ariance ©Exemption ❑Revision nFloodplain Management ❑Critical Areas Ordinance [W/ashington Department of Fish and Wildlife for Hydraulic Project Approval (Submit 2 copies to WDFW Region) Washington Department of Ecology for 401 Water Quality Certification (to Regional Office -Federal Permit Unit) ashington Department of Natural Resources for Aquatic Resources Use Authorization Notification [-]Corps of Engineers for: ❑Section 404 permit nSection 10 permit ❑Coast Guard for: nGeneral Bridge Act Permit nPrivate Aids to Navigation (for non -bridge projects) ❑For Department of Transportation projects only: This project will be designed to meet conditions of the most current Ecology/Department of Transportation Water Quality Implementing Agreement PROJECT TITLE: CEDAR RIVER SPAWNING CHANNEL (REPLACEMENT SPWAN/NG CHANNEL) PROJECT AT ROLLING HILLS PROJECT DESCRIPTION: Proposed spawning channel construction with inlet structure to assist with long term mitigation requirement for the Cedar River Section 205 Flood Damage Project. Project will include large woody debris, vegetation, channel construction, access road to maintain the structure, and construction of inlet structure. SECTION A - Use for all permits covered by this application. Be sure to ALSO complete Section C (Signature Block) for all permit applications. IM 1. APPLICANT: City of Renton Surface Water Utility: Attention Ron Straka, P.E., Surface Water Utility Supervisor MAILING ADDRESS 1055 S. Grady Way — 5th Floor, Renton, WA 98057 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425-430-7248 rstraka@ci.renton.wa.us na 425-430-7241 If an agent is acting for the applicant during the permit process, complete #2. Be sure agent signs Section C (Signature Block) for all permit applications 2. AUTHORIZED AGENT: City of Renton: Steve Lee, P.E. MAILING ADDRESS 1055 S. Grady Way — 5th Floor, Renton, WA 98057 WORK PHONE E-MAIL ADDRESS HOME PHONE FAX # 425-430-7205 1 slee@ci.renton.wa.us na 425-430-7241 3. Relationship of applicant to property: 0 OWNER ❑ PURCHASER ❑ LESSEE ❑ 14. Name, address and phone number of property owner(s) if other than applicant: Same as applicant 5. Location (street address, including city, county and zip code, where proposed activity exists or will occur) Renton, WA 98057 Local government with jurisdiction (city or county) City of Renton Waterbody you are working in Adjacent to Cedar River Tributary of Cedar River WRIA # 08 Is this waterbody on the 303(d) List ❑ YES 0]/ NO Shoreline designation Conservancy If YES, what parameter(s)? Zoninq designation Resource Conservancy % Section NE Section �21 Township �23N Range 15E Government Lot DNR stream type if known Office of Regulatory Assistance, JARPA JARPA FORM LAST UPDATED: March 19, 2007 For help call 800-917-0043 or visit www.epermitting.orq 1 47.47172deg (lat.),-122.16877deg Latitude and Longitude: Tax Parcel Number 2123059006, 2123059070 (long.) 6. Describe (a) the current use of the property, (b) structures existing on the property, and (c) existing environmental conditions. Have you completed any portion of the proposed activity on this property? ❑ YES � NO For any portion of the proposed activity already completed on this property, indicate month and year of completion. Current use of the property is as an undeveloped river floodplain owned by the City of Renton Parks Department. Is the property agricultural land? ❑ YES R"'NO Are you a USDA program participant? ❑ YES V' NO 7a. Describe the proposed work that needs aquatic permits: Complete plans and specifications should be provided for all work waterward of the ordinary high water mark or line, including types of equipment to be used. If applying for a shoreline permit, describe all work within and beyond 200 feet of the ordinary high water mark. If you have provided attached materials to describe your project, you still must summarize the proposed work here. Attach a separate sheet if additional space is needed. PREPARATION OF DRAWINGS: See sample drawings and guidance for completing the drawings. ONE SET OF ORIGINAL OR GOOD QUALITY REPRODUCIBLE DRAWINGS MUST BE ATTACHED. NOTE: Applicants are encouraged to submit photographs of the project site, but these DO NOT substitute for drawings. THE CORPS OF ENGINEERS AND COAST GUARD REQUIRE DRAWINGS ON 8-112 X 11 INCH SHEETS. LARGER DRAWINGS MAYBE REQUIRED BY OTHER AGENCIES. 7b. Describe the purpose of the proposed work and why you want or need to perform it at the site. Please explain any specific needs that have influenced the design. This project will replace a salmonid groundwater spawning channel near River Mile 4.5 of the Cedar River that was destroyed by the Nisqually Earthquake on February 28, 2001. The new channel will provide long term mitigation associated with the initial project construction and future maintenance dredging as required for the Cedar River Section 205 Flood Damage Project. The US Army Corps of Engineers in conjunction with the City of Renton evaluated a number of sites based on criteria such as hydrology, geology, flood protection, and ecology and determined this site to be the best alternative. IM 7c. Describe the potential impacts to characteristic uses of the water body. These uses may include fish and aquatic life, water quality, water supply, recreation and aesthetics. Identify proposed actions to avoid, minimize, and mitigate detrimental impacts and provide proper protection of fish and aquatic life. Identify which guidance documents you have used. Attach a separate sheet if additional space is needed. With the exception of the inlet and outlet structures, the project will be constructed without any in -water work. Cedar River water quality will not a impacted during the clearing/grading and excavation work elements related to channel construction. The construction of the inlet structure and outlet will occur between June 16 and August 15, when there are few if any salmonids present. Silt fencing and other erosion control measures will be used to ensure that sediment does not enter the Cedar River. Clearing and grading for construction of the channel and maintenance path will remove cottonwoods greater than 6-inches diameter at breast height. All felled trees will be used on -site. In addition, the channel and maintenance road have been designed to minimize the impact on the existing vegetation. All cleared areas outside of the channel bottom will be hydroseeded and/or planted with native trees and shrubs. Any existing disturbed land area between the Cedar River and the new channel will also be planted. 7d. For in -water construction work, will yo r project be in compliance with the State of Washington water quality standards for EYES turbidity (WAC 173-201A-410)? ❑ NO CM 8. Will the project be constructed in stages? ❑ YES [ /NO Proposed starting date: June 2008 Estimated duration of activity: 60 days 9. Check if any temporary or permanent structures will be placed: 12(Waterward of the ordinary high water mark or line for fresh or tidal waters AND/OR ❑ Waterward of the mean higher high water for tidal waters? Office of Regulatory Assistance, JARPA JARPA FORM LAST UPDATED: March 19, 2007 For help call 800-917-0043 or visit www.ei)ermitting.org 2 10, Will fill material (rock, fill, bulkhead, or other material) be placed: VWaterward of the ordinary high water mark or line for fresh waters? If YES, VOLUME (cubic yards) 14 / AREA (acres) ❑ Waterward of the mean higher high water for tidal waters? If YES, VOLUME (cubic yards) / AREA (acres) m 11. Will material be placed in wetlands? ❑ YES R" 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 k� D. Type and composition of fill material (e.g., sand, etc.) E. Material source: F. List all soil series (type of soil) located at the project site, and indicate if they are on the county's list of hydric soils. Soils information can be obtained from the natural Resources Conservation Service (NRCS). G. WILL PROPOSED ACTIVITY CAUSE FLOODING OR DRAINING OF WETLANDS? ❑ YES WINO If YES, IMPACTED AREA IS ACRES OF DRAINED WETLANDS. NOTE: If your project will impact greater than 1/10 of an acre of wetland, submit a mitigation plan to the Corps and Ecology for approval along with the JARPA form. NOTE: A 401 water quality certification may be required from Ecology in addition to an approved mitigation plan if your project wetland impacts are greater than 1/10 acre in size. Please submit the JARPA form and mitigation plan to Ecology for 401 certification review. 12. Stormwater Compliance: This project is (or will be) designed to meet ecolo y's most current stormwater manual, or an Ecology approved local stormwater manual. OYES ❑ NO If YES — Which manual will your project be designed to meet? 4�;7cvl,,y A4,ua If NO — For Clean Water Act Section 401 and 404 permits only — Please submit to Ecology for approval, along with this JARPA application, documentation that demonstrates the stormwater runoff from your project or activity will comply with the water quality standards, WAC 173-201 A 13. Will excavation or dredging be required in water or wetlands? 9/ YES ❑ NO If YES: A. Volume: 150 (cubic yards) /area (acre) B. Composition of material to be removed: Sandy gravel with some silt C. Disposal site for excavated material: On -site and haul out D. Method of dredging: 14. Has the State Environmental Policy Act (SEPA) been completed [I/YES ❑ NO SEPA Lead Agency: City of Renton SEPA Decision: DNS, MDNS, EIS, Adoption, Exemption Exemption Decision Date (end of comment period) 11-22-02 SUBMIT A COPY OF YOUR SEPA DECISION LETTER TO WDFW AS REQUIRED FOR A COMPLETE APPLICATION IM 15. List other Applications, approvals or certifications from other federal, state or local agencies for any structures, construction discharges or other activities described in the application (i.e. preliminary plat approval, health district approval, building permit, SEPA review, federal energy regulatory commission license (FERC), Forest practices application, etc.). Also, indicate whether work has been completed and indicate all existing work on drawings. NOTE: For use with Corps Nationwide Permits, identify whether your project has or will need an NPDES permit for discharging wastewater and/or stormwater. TYPE OF APPROVAL ISSUING AGENCY IDENTIFICATION DATE OF APPLICATION DATE APPROVED COMPLETED NO. Finding of no significant impact USACE Pending USACE 404(b)1 / Section 10 Equivalent Evaluation USACE Pending Section 7 Concurrence USFWS&NMFW 02/00931 May 20, 2003 06-10-03 Yes ROW Use Permit City of Seattle Spu#371-610 Pending Shoreline Exemption City of Renton LUA 02-08 06-21-02 11-22-02 Yes ��. 16. Has any agency denied approval for the activity you're applying for or for any activity directly related to the activity described herein? ❑ YES [3/NO If YES, explain: Office of Regulatory Assistance, JARPA JARPA FORM LAST UPDATED: March 19, 2007 For help call 800-917-0043 or visit www.epermitting.org 3 SECTION B - Use for Shoreline and Corps of Engineers permits only: 17a. Total cost of project. This means the fair market value of the project, including materials, labor, machine rentals, etc. 1,000,000 to $1,200,000 17b. If a project or any portion of a project receives funding from a federal agency, that agency is responsible for ESA consultation. Please indicate if you will receive federal funds and what federal agency is providing those funds. FEDERAL FUNDING BYES ❑ NO If YES, please list the federal agency. 18. Local government with jurisdiction: City of Renton ' 19. Provide names, addresses and telephone numbers of adjoining property owners, lessees, etc. Please note: Shoreline Management Compliance may require additional notice — consult your local government. NAME ADDRESS PHONE NUMBER SECTION C - This section MUST be comvleted for anv permit covered by this application 20. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in this application, and that to the best of my knowledge and belief, such information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed activities. I hereby grant to the agencies to which this application is made, the right to enter the above -described location to inspect the proposed, in -progress or completed work. I agree to start work ONLY after all ne ssary permits have been received. -"�_... / c DATE 4 / 3 /C) ISI URE OF APP C NT Ili DATE SIGNATURE OF AUTHORIZED AGENT I HEREBY DESIGNATE TO ACT AS MY AGENT IN MATTERS RELATED TO THIS APPLICATION FOR PERMIT(S). I UNDERSTAND THAT IF A FEDERAL PERMIT IS ISSUED, I MUST SIGN THE PERMIT. SIGNATURE OF APPLICANT DATE SIGNATURE OF LANDOWNER (EXCEPT PUBLIC ENTITY LANDOWNERS, E.G. DNR) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE AGENT, IF AN AUTHORIZED AGENT IS DESIGNATED. 18 U.S.0 §1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than 5 years or both. COMPLETED BY LOCAL OFFICIAL A. Nature of the existing shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood olain. floodway. delta: type of beach. such as accretion. erosion. high bank. low bank. or dike: material such as sand. gravel, mud. clay. Office of Regulatory Assistance, JARPA JARPA FORM LAST UPDATED: March 19, 2007 For help call 800-917-0043 or visit www.epermitting.org 4 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: Thoco Anonniac nra Fnual Onnnfiinity nnrl Affirmative Action emnlovers. For special accommodation needs, please contact the appropriate agency in the instructions Office of Regulatory Assistance, JARPA JARPA FORM LAST UPDATED: March 19, 2007 For help call 800-917-0043 or visit www.epermitting.org 5 STATE o� 7 RECEIVED x w� r ��'L 1889 �QY JAN 3 12006 STATE OF WASHINGTON CITY OF RENTON DEPARTMENT OF ECOLOGY UTILITY SYS R 1AS PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 TTY 711 or 800-833-6388 (for the speech or hearing impaired) January 27, 2006 Site Information: Chris Munter WAR005263 City of Renton Cedar River Spawning Channel 5th Floor, 1055 South Grady Way Parcel No. 2123059069 (near Renton, WA 98055 Royal Hills Neighborhood) Renton King Dear Construction Stormwater Permit Holder: The Washington State Department of Ecology (Ecology) has re -issued the Construction Stormwater General Permit. This letter will explain some of the new requirements in the re -issued permit. The new permit replaces the current permit. Please take time to read the new permit (enclosed). Keep the new permit and this letter with your Stormwater Pollution Prevention Plan (SWPPP). Who Needs the Permit • Sites that disturb more than 1 acre of soil need this permit, if they have the potential to discharge stormwater to surface waters of the state. • Some sites less than five acres may qualify for a permit waiver in areas of low rainfall. Inspections • You must conduct weekly visual inspections of your site. • By October 1, 2006, you must use a Certified Erosion and Sediment Control Lead (CESCL) to do inspections of your site. • These inspections ensure your Best Management Practices (BMPs) are functioning properly. Ecology has a list of CESCL training courses on its website. Sampling and Analysis • By October 1, 2006, sites five acres and greater must sample stormwater discharges for turbidity using a turbidity meter. • By October 1, 2006, sites one acre and greater must sample stormwater discharges for pH, if the project involves engineered soils (cement kiln dust, etc.) or over 1000 yds3 of poured or recycled concrete. • By October 1, 2008, sites less than five acres must sample their stormwater discharges for turbidity using a turbidity meter or transparency tube. • The permit sets benchmark (target) levels for turbidity, transparency and pH. When discharge samples exceed a benchmark, then you must follow additional permit requirements. • If your site discharges into an impaired water body on the 303(d) list for turbidity, fine sediment, high pH, or phosphorus, you are required to sample for additional parameters in Condition S8. EPA recently approved the 2004 303(d) list which includes waterbodies not previously on the 303(d) list. Ecology will be reviewing the newly approved list and will notify you, if any of these new sampling requirements apply to you. ILA Construction Stormwater Permit January 27, 2006 Page 2 Stormwater Pollution Prevention Plan • Remember to keep your SWPPP updated. The permit contains specific timelines for SWPPP updates based on inspection results by the CESCL or Ecology. Permit Transfer • You may transfer your permit coverage for a portion or all of your site to one or more operators. To transfer permit coverage, you must submit a Transfer of Coverage form to Ecology. Notice of Termination • If you have fully stabilized your site, you must submit a Notice of Termination (NOT) to Ecology. If you do not submit a NOT, you will remain responsible for permit compliance and permit fees. Permit Number • The first three digits of your permit number have changed. It is shown above at the top of this letter. Please use this number on any correspondence with Ecology. Appeal of Permit The terms and conditions of this general permit may be appealed only by filing an appeal to the Pollution Control Hearings Board and by serving it upon the Department of Ecology at the addresses below. Appeals of the general permit must be made within 30 days of issuance or receipt, whichever is later (RCW 43.21.13). The procedures and requirements for the appeal process are contained in RCW 43.21.B310. ("RCW" is the Revised Code of Washington). Pollution Control Hearings Board PO Box 40903 Olympia, Washington 98504-0903 Department of Ecology Appeals Coordinator P.O. Box 47608 Olympia, Washington 98504-7608 Appeal of Permit Coverage The terms and conditions of a general permit, as they apply to an individual discharger, can be appealed within 30 days of the effective date of coverage of that discharger (see Chapter 43.21B RCW). This appeal is limited to the general permit's applicability or non -applicability to a specific discharger. Appeals should be directed to the addresses above. Questions Ecology is committed to providing assistance to you. Please review our web page at http:// www.ecy.wa.gov/programs/Wq/stonnwater/construction/. For questions about transfers, terminations, and other administrative issues, please contact Linda Matlock at (360) 407-6437 or lmat461 kea.wa.gov For technical information about the new general permit, please contact Jeff Killelea at (360) 407-6127 or ikil461@ecy.wa.gov Sincerely, Nancy L. Winters, Manager Program Development Services Water Quality Program