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HomeMy WebLinkAboutVol 1 - Contract Docs_CAG-25-110City Contact: Troy Solly, PE (425) 430-7313 tsolly@rentonwa.gov Award Amount: _____________________ Award Date: _____________________ Award To: _____________________ _____________________ _____________________ Contract No.: CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Contract Documents VOLUME 1 OF 2 Project No.: SWP-27-2057 Approved for Bid ____________________________ ___________ City of Renton Date: Public Works Department Utility Systems Division Renton City Hall—5th Floor 1055 South Grady Way Renton, Washington 98057 City of Renton Approved for Construction ____________________________ ___________ City of Renton Date: April 16, 2025 CAG-25-110 CITY OF RENTON RENTON, WASHINGTON Contract Documents for the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 City Project Number: SWP-27-2057 City Contract Number: CAG-25-110 YEAR: 2025 City of Renton 1055 South Grady Way Renton, WA 98057 MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Table of Contents SWP-27-2057 Page 1 of 2 2025 TABLE OF CONTENTS Documents marked as follows must be submitted at the time noted and must be executed by the Contractor, President and Vice President or Secretary if corporation by -laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. * SUBMIT AS PART OF THE BID. ❖ SUBMIT WITHIN 10 DAYS AFTER NOTICE OF AWARD. VOLUME 1 I. CALL FOR BIDS II. INFORMATION FOR BIDDERS 1. INFORMATION AND CHECKLIST FOR BIDDERS 2. VICINITY AND SITE MAPS 3. SUMMARY OF FAIR PRACTICES POLICY, CITY OF RENTON 4. SUMMARY OF AMERICANS WITH DISABILITIES ACT POLICY, CITY OF RENTON III. PROJECT PROPOSAL 0. * PROJECT PROPOSAL BID SUMMARY 1. * PROPOSAL & COMBINED AFFIDAVIT & CERTIFICATE FORM PROPOSAL NON-COLLUSION ANTI-TRUST CLAIMS MINIMUM WAGE 2. * PROPOSAL BID BOND TO THE CITY OF RENTON 3. * DEPARTMENT OF LABOR AND INDUSTRIES CERTIFICATE REGISTRATION 4. * SCHEDULE OF PRICES 5. * ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA 6. * CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES IV. AGREEMENT FORMS 1. ❖ CONTRACT AGREEMENT 2. ❖ CONTRACT BOND TO THE CITY OF RENTON 3. ❖ FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE 4. ❖ RETAINAGE SELECTION V. CONTRACT SPECIFICATIONS 1. PROJECT SPECIAL PROVISIONS CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project- 2025-2026 Table of Contents SWP-27-2057 Page 2 of 2 2025 APPENDICES A. WASHINGTON STATE PREVAILING HOURLY MINIMUM WAGE RATES REFERENCES B. TRAFFIC CONTROL INFORMATION C. MAPLEWOOD CREEK PERMITS D. MADSEN CREEK PERMITS E. MAPLEWOOD BASIN 1999 CLEANING MEMO & CURRENT PHOTOS F. MADSEN CREEK 2008 BASIN CLEANING & CURRENT PHOTOS G. MAPLEWOOD CREEK SEDIMENTATION BASIN RECONSTRUCTION AND IMPROVEMENT PROJECT PLANS -1996 (PARTIAL SET) VOLUME 2 I. CONTRACT PLANS City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ I. CALL FOR BIDS MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 I.1 - Call for Bids SWP-27-2057 Page 1 of 2 2025 CITY OF RENTON CALL FOR BIDS Scope of Work Complete the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026. The work involved under the terms of the contract documents shall be full and complete project cleaning and constructions of the facilities, as shown on the plans and as described in the project specifications, to include but not be limited to: Removing accumulated sediment from Maplewood Creek Sediment Basin and Madsen Creek Sediment Basin and general maintenance in 2025 and 2026, including:  Constructing a flow bypass dam and diverting each creek into an existing bypass pipe,  Removing approximately 1,000-1,300 cubic yards of accumulated sediment from the Maplewood Creek Sediment Basin in 2025 and approximately 900-1,000 cubic yards of accumulated sediment from the Maplewood Creek Sediment Basin in 2026,  Removing approximately 900-1,000 cubic yards of accumulated sediment from the Madsen Creek Sediment Basin in 2025 and approximately 900-1,000 cubic yards of accumulated sediment from the Maplewood Creek Sediment Basin in 2026,  Hauling and disposing of the sediment off-site,  Placement of gravel as directed in Maplewood Creek,  Removal of vegetation and sediment as directed from Maplewood Creek  Restoring flow to the sediment basins and removing the bypass dams,  Restoration, hydroseeding, and cleanup at each sediment basin,  Replacement of one plywood cover over a 42-inch dia. pipe. See Project Special Provisions Section 1-09.14 for Bid Item descriptions. This contract is comprised of the work described above and shall take place in the regulatory fish window for in-water work between July 1 and August 31 in 2025 and 2026. Any contractor connected with this project shall comply with all federal, state, county, and city codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of this contract document and the Washington State Hydraulic Project Approval (Permit No. 2024-4-111+01), and Army Corps of Engineers Nationwide Permits (Reference No. NWS-2007-688 and NWS-2009-00481) for the project. The estimated project cost is $480,000 to $560,000. A total of 40 working days each year are allowed for completion of the project. CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 I.1 - Call for Bids SWP-27-2057 Page 2 of 2 2025 Bid Submission Process Sealed bids will be received until 2:00 PM on Thursday, May 1, 2025, at the lobby of Renton City Hall, 1055 South Grady Way, Renton, WA 98057. No mailed, Fedex, or UPS delivered bids will be accepted. Please include the bidder’s name, address, and name of the project on the envelope. The bids will be opened and publicly read via Zoom video-conferencing web application at 3:00 PM, Thursday, May 1, 2025 (60 minutes after published bid submittal time). Any bids received after the published bid submittal time cannot be considered and will not be accepted. The bid opening meeting can be accessed via videoconference by: Clicking this link to join the Zoom meeting: https://us06web.zoom.us/j/84749863459?pwd=nnMNIcb4vnG8W6KQAp7Z6Tgh6rp2qN.1 Using the Zoom app: Meeting ID: 847 4986 3459; Password: 178969 Via telephone by dialing: 1-253-205-0468, followed by 84749863459#,,,,*178969# US Zoom is free to use and is available at https://zoom.us/. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. Bid documents will be available April 17, 2025. Approved plans, specifications, addenda, and the plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at http://www.bxwa.com. Click on “bxwa.com”; “Posted Projects”, “Public Works”, “City of Renton”, “Projects Bidding”. (Note: Bidders are encouraged to “Register as a Bidder,” in order to receive automatic email notification of future addenda and to be placed on the “Bidders List”). Should you require further assistance, contact Builder Exchange of Washington at (425) 258-1303. Bidders are not to contact the City of Renton or the Engineer to obtain bidding documents. All Bid Proposals shall be accompanied by a Bid Proposal Deposit (certified check or satisfactory bid bond) in an amount equal to five percent (5%) of the amount of such Bid Proposal. The City's Fair Practices, Non-Discrimination, and Americans with Disability Act Policies shall apply. Women and Minority Business Enterprises (WMBE) are encouraged to bid. Jason A. Seth. MMC, City Clerk Dates of Publication: Daily Journal of Commerce April 17, 2025 Daily Journal of Commerce April 23, 2025 City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ II. INFORMATION FOR BIDDERS MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 II.1 –Information & Checklist for Bidders SWP 27-2057 Page 1 of 5 2025 INFORMATION & CHECKLIST FOR BIDDERS The following supplements the information in the Call for Bids: Owner’s Project Manager: Troy Solly, Surface Water Utility City of Renton, Renton City Hall - 5th Floor 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7313 Email: tsolly@rentonwa.gov Information for Bidders 1. Special Project Information. The Contract Documents, including Standard Specifications, and all applicable laws and regulations apply to this project. The following items particular to this project are repeated here for emphasis: a. Prevailing Wages. This project does not include federal funding. Therefore, only State Prevailing Wages must be paid on this project In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein, to all laborers, workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the CONTRACTOR and any laborers, workmen, mechanics or subconsultants. The Prevailing Wages in effect at time of Advertisement are provided in Appendix A. The Bidder is responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. It is the Bidder’s responsibility to obtain wage information for any work classifications that are not included. b. Trench Excavation Safety Systems. As required by RCW 39.04.180, on public works projects in which trench excavation will exceed a depth of four feet, any contract therefore shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. These requirements shall be included in the Bid Schedule as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. c. In-water Work. All in-water work below the ordinary high-water mark for this project shall take place within the regulatory fish window for in water work between July 1 and August 31 in 2025 and in 2026. The CONTRACTOR shall conduct work in accordance with the CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 II.1 – Information & Checklist for Bidders SWP 27-2057 Page 2 of 5 2025 regulations of the Washington State Hydraulic Project Approvals, and Army Corps of Engineers Nationwide Permits attached in Appendix D and E. d. Pollution Control Requirements. Work under this contract shall meet all local, state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. e. Traffic Control, Hours of Work and Street Closure. Access to the two project sites is from SR-169 and both project locations are adjacent to residences and/or businesses, with parks and trails nearby. Due to the proximity of the project sites to the residences, night work will not be allowed. Refer to Special Provision Section 1-08.0(2) for requirements and restrictions regarding hours of work. No road closure (greater than 24-hours) is anticipated for portions of the Work and will not be allowed. For const ruction under traffic, refer to Section 1-07.23(1) and for temporary traffic control refer to Section 1-10. f. Standard Specifications. All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Supplemental Specifications, Special Provisions other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly, paragraph by paragraph, or not. 1. WSDOT/APWA "2024 Standard Specifications for Road, Bridge and Municipal Construction" and "Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to "State," "State of Washington," "Department of Transportation," "WSDOT," or any combination thereof in the WSDOT/APWA standards shall be modified to read "City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT/APWA standards shall be detected and the measurement and payment provisions of Section 1 -09.14, Measurement and Payment (added herein) shall govern. 2. Any prospective Bidder desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by the close of business four (4) business days preceding the bid submission deadline to allow a written reply to reach all prospective Bidders before the submission of their Bids. Oral explanations, interpretations, or instructions given by anyone before the Award of Contract will not be binding on the City of Renton. The City will not be responsible for other explanations or interpretations of the bid documents. 3. If a bidder has any questions regarding the project, the bidder may either: ▪ Submit questions in writing to Renton City Hall – Utility Systems Attn: Troy Solly, 1055 S Grady Way, Renton, WA 98057, or CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 II.1 – Information & Checklist for Bidders SWP 27-2057 Page 3 of 5 2025 ▪ Submit questions via e-mail to: tsolly@rentonwa.gov. Subject Line, “Bid Questions – Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 ”. No other type of inquiry will be accepted. Questions received less than four (4) business days prior to the date of sealed bid submittal may not be answered. The City will not be responsible for other explanations or interpretations of the bid documents. 4. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. The bidder shall, upon request, furnish information to the City as to his financial and practica l ability to satisfactorily perform the work. 5. Basis For Approval. The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedules items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the Bid to meet the needs of the City. The intent is to award to only one BIDDER. If the bidder wishes to appeal the City’s determination of the lowest, responsible, responsive bidder, a request must be submitted to the City within three business days of award notification. 6. The City of Renton reserves the right to reject any and all bids or waive any and/or all informalities if it is deemed advantageous to the City to do so. 7. A Bid Proposal Deposit (certified check or satisfactory bid bond) made payable without reservation to the Director of Finance of the City of Renton in an amount not less than 5% of the total amount of the bid shall accompany each Bid Proposal. Bid Proposa l Deposits will be returned to unsuccessful bidders immediately following the decision as to award of contract. The Bid Proposal Deposit of the successful bidder will be returned provided he enters into a contract and furnishes a satisfactory performance bond covering the full amount of the work within ten days after receipt of notice of intention to award contract. Should he fail, or refuse to do so, the Bid Proposal Deposit shall be forfeited to the City of Renton as liquidated damage for such failure. 8. Payment for this work will be made in check or electronic transfers. 9. The work to be done is shown in the plans and / or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price bid. The City reserves the right to add or to eliminate portions of that work as deemed necessary. 10. Bidders shall satisfy themselves as to the local conditions by inspection of the site. 11. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 II.1 – Information & Checklist for Bidders SWP 27-2057 Page 4 of 5 2025 12. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors, the unit price bid will govern. Illegible figures will invalidate the bid. 13. The contractor shall obtain such construction insurance (e.g. fire and extended coverage, worker's compensation, public liability, and property damage) as identified within Special Provisions, Specification Section 1-07.18 “Public Liability and Property Damage Insurance”. 14. The contractor, prior to the start of construction, shall provide the City of Renton a detailed bar chart type construction schedule for the project as identified within Section 1-08.3 “Progress Schedule”. 15. Before starting work under this contract, the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 16. Payment of retainage shall be done in accordance with Section 1-09.9(1) "Retainage”. 17. Liquidated damages will be enforced in accordance with Section 1 -08.9 “Liquidated Damages”. 18. Bidders are not required to be in possession of a current City of Renton business license in order to bid on City projects. However, Contractors and all subcontractors of all tiers must be in possession of a current City business license while conducting work in the City. Checklist for Bidders The following forms and documents shall be submitted with the bid. 0. ☐ Project Proposal Bid Summary - The form included in these Bid Documents must be used; no substitute will be accepted. 1. ☐ Proposal and Combined Affidavit and Certificate Form (Non-Collusion, Anti-Trust Claims, Minimum Wage) – The form included in these Bid Documents must be used; no substitute will be accepted. Evidence of signatory’s authority to sign the Proposal on behalf of the business entity shall be submitted with the Bid. Otherwise, the submitted Bid will be considered irregular and non-responsive and the Bid may be rejected. 2. ☐ Proposal Bid Bond to the City of Renton – The form included in these Bid Documents must be used; no substitute will be accepted. If an attorney-in-fact signs bond, the power of attorney authorizing such execution must be current and enforceable, be properly executed by the Surety in accordance with the Surety’s by-laws or other applicable rules and resolutions, and include all necessary corporate seals, signatures, and notaries. Verify Bid Proposal Deposit is at least 5 percent of the total amount of bid including sales tax. 3. ☐ Department of Labor and Industries Certificate Registration - The form included in these Bid Documents must be used; no substitute will be accepted. 4. ☐ Schedule of Prices – The form(s) included in these Bid Documents must be used; no substitute will be accepted. Bidders must bid on all schedules and items shown on the Schedule CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 II.1 – Information & Checklist for Bidders SWP 27-2057 Page 5 of 5 2025 of Prices. If any unit price is left blank, it will be considered no charge for that bid item, regardless of what has been placed in the extension column. 5. ☐ Acknowledgment of Receipt of Addenda – The form included in these Bid Documents must be used; no substitute will be accepted. Bidders must acknowledge receipt of each addenda issued. 6. ☐ Certification of Compliance with Wage Payment Statutes - The form included in these Bid Documents must be used; no substitute will be accepted. 7. ☐ Subcontractor List - The form included in these Bid Documents must be used; no substitute will be accepted. Contract Agreement Checklist The following documents are to be executed by the successful Bidder after the Contract is awarded. 1. ☐ Contract Agreement – The form included in these Bid Documents must be used; no substitute will be accepted. Two originals shall be executed by the successful Bidder. 2. ☐ Performance Contract Bond to the City of Renton – The form included in these Bid Documents must be used; no substitute will be accepted. Two originals shall be executed by the successful Bidder and its surety company. This bond covers successful completion of all work and payment of all laborers, subcontractors, suppliers, etc. If an attorney -in-fact signs bond, the power of attorney authorizing such execution must be current and enforceable, be properly executed by the Surety in accordance with the Surety’s by-laws or other applicable rules and resolutions, and include all necessary corporate seals, signatures, and notaries. 3. ☐ Fair Practices Policy Affidavit of Compliance – The form included in these Bid Documents must be used; no substitute will be accepted. 4. ☐ Retainage – Refer to Standard Spec. Section 1-09.9(1), Retainage. 5. ☐ Certificates of Insurance – To be executed by an insurance company acceptable to the City, on ACORD Forms. Required coverages are listed in Section 1-07.18 of the Special Provisions. The City of Renton shall be named as “Additional Insured” on the insurance policies as well as the entities listed in Section 1-07.18(2) of the Special Provisions. 72,224 6,019 Map Title Legend 4,09302,046 Feet Notes 4,093 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Labels City and County Boundary Renton <all other values> 4,514 376 Map Title Legend 2560128 Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Labels Parcels City and County Boundary Renton <all other values> Streams (Classified) S - Shoreline F - Fish Np - Non-Fish Ns - Non-Fish Seasonal Unclassfied Facility Outline Fence Facility Transfer Inactive Structure Inactive Pipe Inactive Water Quality Inactive Detention Facilities Inactive Discharge Point Streets Points of Interest Parks Waterbodies 2021.sid Red: Band_1 Green: Band_2 Maplewood Creek Vicinity Map Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project Maplewood Creek Sediment Basin Dri v i n g R a n g e SR- 1 6 9 SR- 1 6 9 Clu b H o u s e Maplewood Golf Course Maplewood Golf Course Maple w o o d Cr e e k Access Route Private Residences 4,514 376 Map Title Legend 2560128 Feet Notes 256 WGS_1984_Web_Mercator_Auxiliary_Sphere All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. City and County Labels Parcels City and County Boundary Renton <all other values> Streams (Classified) S - Shoreline F - Fish Np - Non-Fish Ns - Non-Fish Seasonal Unclassfied Facility Outline Fence Facility Transfer Inactive Structure Inactive Pipe Inactive Water Quality Inactive Detention Facilities Inactive Discharge Point Streets Points of Interest Parks Waterbodies 2021.sid Red: Band_1 Green: Band_2 Madsen Creek Vicinity Map Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project Maplewood Creek Sediment Basin Mad s e n C r e e k SR-169 SR-169 New Life Church Access Road 14973 Maple Vally Hwy (Private residence just west of access road) Ma d s e n C r e e k Gate 1.Summary of Fair Practices Policy 2.Summary of Americans with Disability Act Policy City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ III. PROJECT PROPOSAL BID SUMMARY Project Name: Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 City Project Number: SWP-27-2057 City Contract Number: CAG-25-110 Company: Address: Telephone Number: Email Address: Total Bid Amount: $ (Total of all Bid Schedules) MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2024 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 III.1 - Proposal & Combined Affidavit & Certificate Form SWP-27-2057 Page 1 of 2 2025 CITY OF RENTON PROPOSAL & COMBINED AFFIDAVIT & CERTIFICATE FORM TO THE CITY OF RENTON RENTON, WASHINGTON Ladies and/or Gentlemen: The undersigned hereby certify that the bidder has examined the site of the proposed work and have read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available, in accordance with the said plans, specifications and contract and the following schedule of rates and prices: The undersigned further certifies and agrees to the following provisions: NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti -trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addit ion, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less tha n the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract. CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 III.1 - Proposal & Combined Affidavit & Certificate Form SWP-27-2057 Page 2 of 2 2025 I have read the above and foregoing statements and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: PROPOSAL, NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Bidder's Firm Printed Name:______________________________ Signature:_____________________________________ Address: __________________________________________________________________________________ Contact Name (please print): _________________________________________________________________ Phone:____________________________________ Email: _______________________________________ OR Name of President of Corporation Name of Secretary of Corporation Corporation Organized under the laws of With Main Office in State of Washington at Subscribed and sworn to before me on this _______ day of _________________, 20____ Notary Public in and for the State of Washington Notary (Print)_________________________________ My appointment expires:________________________ Names of Members of Partnership: MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 III.2 – Proposal Bid Bond to the City of Renton SWP 27-2057 Page 1 of 2 2025 PROPOSAL BID BOND TO THE CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS, That we, [Bidder] _________________________________ of [address] ______________________________________________________ as Principal, and [Surety] _________________________________________ a corporation organized and existing under the laws of the State of ________________________ as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as Surety, are jointly and severally held and firmly bound unto the City of Renton in the full sum of five (5) percent of the total bid amount of the proposal of said Principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind ourselves and our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of the bond is such, that whereas the Principal herein is herewith submitting his/her or its sealed proposal for the following public works construction project, to wit: MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 said bid and proposal, by reference thereto, being made a part hereof. NOW, THEREFORE, If the said proposal bid by said Principal be accepted, and the contract be awarded to said Principal, and if said Principal shall duly make and enter into and execute said contract and shall furnish performance contract bond as required by the City of Renton within a period of ten (10) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect. IN THE EVENT, the Principal, following award, fails to execute an Agreement with the City of Renton in accordance with the terms of the Proposal and furnish a performance contract bond with Surety or Sureties approved by the City of Renton within ten (10) days from and after said award, then Principal shall forfeit the Bid Bond/Bid Proposal Deposit or Surety shall immediately pay and forfeit to the City of Renton the amount of the Proposal Bid Bond, as set forth in RCW 35A.40.200 and RCW 35.23.352. This Proposal Bid Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be signed and sealed this ________ day of ____________________, 20______. CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 III.2 – Proposal Bid Bond to the City of Renton SWP 27-2057 Page 2 of 2 2025 PRINCIPAL SURETY [Principal] [Surety] [Signature of Authorized Official] [Signature of Authorized Official] [Printed Name] [Printed Name] [Title] [Title] [Date] [Date] Name and address of local office of Agent and/or Surety Company: Telephone: Surety WAOIC # Surety NAIC # MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 III.3 - DOLI Certificate of Registration SWP-27-2057 Page 1 of 1 2025 DEPARTMENT OF LABOR AND INDUSTRIES CERTIFICATE OF REGISTRATION Name on Registration: ___________________________________________________________ Registration Number: ___________________________________________________________ Expiration Date: ____________________________________________________________ NOTE: A copy of the certificate will be requested as part of contract execution when project is awarded. ITEM APPROX.UNIT TOTAL NO.QUANTITY PRICE AMOUNT A-1 1 Lump Sum ________________ Per Lump Sum _____________________ A-2 1 Lump Sum ________________ Per Lump Sum _____________________ A-3 1 Lump Sum ________________ Per Lump Sum _____________________ A-4 1 Lump Sum ________________ Per Lump Sum _____________________ A-5 1 Lump Sum ________________ Per Lump Sum _____________________ A-6 500 SF ________________ Per SF _____________________ A-7 4000 SF ________________ Per SF _____________________ A-8 1 Lump Sum ________________ Per Lump Sum _____________________ A-9 1 Est $4,500.00 Per Est $4,500.00 BID SCHEDULE A - MAPLEWOOD CREEK SEDIMENT BASIN Refill Basin, Remove Dam, Restore Bank Mobilization Construction Surveying, Staking, As-builts MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 ITEM WITH UNIT PRICED BID SCHEDULE OF PRICES SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR MEASUREMENT & PAYMENT OF BID ITEMS. ALL ENTRIES SHALL BE WRITTEN IN INK OR TYPED TO VALIDATE BID NOTE: Unit prices for all items, all extentions, subtotals, and total amounts of bid shall be shown. Enter unit prices in numerical figures only, in dollars and cents to two (2) decimal places (including whole dollar amounts). All figures must be clearly legible. Bids with illegible figures in the Unit Price column will be regarded as nonresponsive and rejected. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. YEAR 1 - 2025 Construct Bypass Dam, Diversion, Fish Rescue, and Drain Sediment Basin Remove, Haul, and Dispose of Sediment Channel Vegetation and Sediment Removal Hydroseeding Remove and Replace Plywood Cover over 42- inch Dia. Pipe Minor Changes Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 SWP-27-2057 Page 1 of 6 III.4 - Schedule of Prices 2025 CAG-25-110 ITEM APPROX.UNIT TOTAL NO.QUANTITY PRICE AMOUNTITEM WITH UNIT PRICED BID SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR MEASUREMENT & PAYMENT OF BID ITEMS. Subtotal Schedule A _____________________ 10.3% Sales Tax _____________________ Total Schedule A _____________________ Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 SWP-27-2057 Page 2 of 6 III.4 - Schedule of Prices 2025 CAG-25-110 ITEM APPROX.UNIT TOTAL NO.QUANTITY PRICE AMOUNTITEM WITH UNIT PRICED BID SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR MEASUREMENT & PAYMENT OF BID ITEMS. B-1 1 Lump Sum ________________ Per Lump Sum _____________________ B-2 1 Lump Sum ________________ Per Lump Sum _____________________ B-3 1 Lump Sum ________________ Per Lump Sum _____________________ B-4 1 Lump Sum ________________ Per Lump Sum _____________________ B-5 1 Lump Sum ________________ Per Lump Sum _____________________ B-6 4200 SF ________________ Per SF _____________________ B-7 1 Est $4,000.00 Per SF $4,000.00 Subtotal Schedule B _____________________ 10.3% Sales Tax _____________________ Total Schedule B _____________________ BID SCHEDULE B - MADSEN CREEK SEDIMENT BASIN Construction Surveying, Staking, As-builts Construct Bypass Dam, Diversion, Fish Rescue, and Drain Basin Remove, Haul, and Dispose of Sediment Mobilization Refill Basin, Remove Dam, Restore Bank Hydroseeding Minor Changes Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 SWP-27-2057 Page 3 of 6 III.4 - Schedule of Prices 2025 CAG-25-110 ITEM APPROX.UNIT TOTAL NO.QUANTITY PRICE AMOUNTITEM WITH UNIT PRICED BID SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR MEASUREMENT & PAYMENT OF BID ITEMS. C-1 1 Lump Sum ________________ Per Lump Sum _____________________ C-2 1 Lump Sum ________________ Per Lump Sum _____________________ C-3 1 Lump Sum ________________ Per Lump Sum _____________________ C-4 1 Lump Sum ________________ Per Lump Sum _____________________ C-5 1 Lump Sum ________________ Per Lump Sum _____________________ C-6 10 Ton ________________ Per Ton _____________________ C-7 10 Ton ________________ Per Ton _____________________ C-8 400 SF ________________ Per SF _____________________ C-9 4000 SF ________________ Per SF _____________________ C-10 1 Est $4,500.00 Per Est $4,500.00 Subtotal Schedule C _____________________ 10.3% Sales Tax _____________________ Total Schedule C _____________________ BID SCHEDULE C - MAPLEWOOD CREEK SEDIMENT BASIN YEAR 2 - 2026 Gravel Placement – Details 1, Upstream of Flow Splitter Gravel Placement – Detail 2, Downstream of Flow Splitter Mobilization Construction Surveying, Staking, As-builts Construct Bypass Dam, Diversion, Fish Rescue, and Drain Sediment Basin Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Channel Vegetation and Sediment Removal Hydroseeding Minor Changes Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 SWP-27-2057 Page 4 of 6 III.4 - Schedule of Prices 2025 CAG-25-110 ITEM APPROX.UNIT TOTAL NO.QUANTITY PRICE AMOUNTITEM WITH UNIT PRICED BID SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR MEASUREMENT & PAYMENT OF BID ITEMS. D-1 1 Lump Sum ________________ Per Lump Sum _____________________ D-2 1 Lump Sum ________________ Per Lump Sum _____________________ D-3 1 Lump Sum ________________ Per Lump Sum _____________________ D-4 1 Lump Sum ________________ Per Lump Sum _____________________ D-5 1 Lump Sum ________________ Per Lump Sum _____________________ D-6 4200 SF ________________ Per SF _____________________ D-7 1 Est $4,000.00 Per Est $4,000.00 Subtotal Schedule D _____________________ 10.3% Sales Tax _____________________ Total Schedule D _____________________ BID SCHEDULE D - MADSEN CREEK SEDIMENT BASIN Mobilization Construction Surveying, Staking, As-builts Construct Bypass Dam, Diversion, Fish Rescue, and Drain Basin Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Hydroseeding Minor Changes Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 SWP-27-2057 Page 5 of 6 III.4 - Schedule of Prices 2025 CAG-25-110 ITEM APPROX.UNIT TOTAL NO.QUANTITY PRICE AMOUNTITEM WITH UNIT PRICED BID SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR MEASUREMENT & PAYMENT OF BID ITEMS. Total Schedule A _____________________ Total Schedule B _____________________ Total Schedule C _____________________ Total Schedule D _____________________ BID TOTAL _____________________ (Total of Schedules A, B, C, and D) Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 SWP-27-2057 Page 6 of 6 III.4 - Schedule of Prices 2025 MAPLEWOOD CREEK AND MADSEN CIREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project-2025-2026 III.5 – Acknowledgment of Receipt of Addenda SWP-27-2057 Page 1 of 1 2025 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. Date of Receipt NOTE: A Proposal may be considered irregular and may be rejected if the receipt of Addenda is not acknowledged. [Business Name] [Signature of Authorized Official] [Printed Name] [Title] [Date] [City] [State] MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project-2025-2026 III.6 - Certification of Compliance with Wage Payments Statutes SWP-27-2057 Page 1 of 1 2025 CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Bidder’s Business Name Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ LLC ☐ State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2024 CAG-24-174 ______________________________________________________________________________ IV. AGREEMENT FORMS SUBMIT WITHIN 10 DAYS AFTER NOTICE OF AWARD Maplewood Creek and Madsen Creek IV.1 - Agreement Sediment Basin Cleaning 2025-2026 CAG-25-110 SWP 27-2057 Page 1 of 2 [Enter Date] AGREEMENT CONTRACT NO. CAG-25-110 THIS AGREEMENT, made and entered into this [Enter Date] day of [Enter Month], [Enter Year] by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City” and [Enter Contractor name], hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the 2024 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations (“Standard Specifications”); the City’s Contract Bid Documents for the Project, including but not limited to Addenda, Proposal Form, S pecial Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor’s Proposal and all documents submitted therewith in response to the City’s Call for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents in Section 1-04.2 of the Standard Specifications, as revised by the Amendments and Special Provisions included with the City’s Call for Bids and Contract Documents. 2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026, SWP-27- 2057, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Special Provisions. 3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount not to exceed $___________, unless modified by an approved change order or addendum . The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. 5. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 6. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 7. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 SWP 27-2057 Page 2 of 2 IV.1 - Agreement CAG-25-110 [Enter Date] Contract Template Updated 12/29/2017 IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above -written. CONTRACTOR: CITY OF RENTON: President/Partner/Owner Denis Law, Mayor ATTEST Secretary Jason Seth, City Clerk FIRM INFORMATION d/b/a [Enter Firm name] CHECK ONE: ☐ Limited Liability Company ☐ Partnership ☐ Corporation STATE OF INCORPORATION: [Enter state of incorporation] CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION: [Address Line 1] City of Renton [Address Line 2] 1055 South Grady Way [City, State and Zip] Renton, WA 98057 [Enter Phone Number] 425-430-7211 [Enter Fax Number or Email Address] jnewman@rentonwa.gov Attention: If business is a CORPORATION, the name of the corporation should be listed in full and both the President and Secretary must sign the contract. OR, if one signature is permitted by corporation by -laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and fi rm or trade name. Any one partner may sign the contract. If the business is an limited Liability Company, an authorized managing member or manager must sign followed by his/her title. MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 IV.2 – Contract Bond to the City of Renton SWP-27-2057 Page 1 of 2 2025 - 03/08/2022 F clb CONTRACT BOND TO THE CITY OF RENTON Bond No. ________________ KNOW ALL MEN BY THESE PRESENTS, That we, (CONTRACTOR/PRINCIPAL) ______________________ of [address]________________________________________________ as PRINCIPAL , and (SURETY)_________________________________________ a corporation organized and existing under the laws of the State of ________________________ as a SURETY corporation, and qualified under the laws of the State of Washington to become SURETY upon bonds of contractors with municipal corporations, as SURETY , are jointly and severally held and firmly bound to the City of Renton (CITY/OWNER) in the sum of________________________________________________ US Dollars ($________________________) Total Contract Amount, for the payment of which sum on demand we bind ourselves and our heirs, successors, assigns, executors, administrators and personal representatives, as the case may be. This obligation is entered into pursuant to the laws of the State of Washington and the ordinances of the City of Renton. Dated at _____________, Washington, this ________ day of ____________________, 20______. NOW, THEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION ARE AS FOLLOWS: WHEREAS, under and pursuant to Contract No. CAG-25-110 providing for construction of the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026; the PRINCIPAL has accepted, or is about to accept, the Contract, and undertake to perform the Work therein provided for in the manner and within the time set forth. • The SURETY indemnifies, defends, and protects and holds the CITY/OWNER, its officers, agents, and assigns harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying CITY/OWNER all expenses that CITY/OWNER may incur in making good any default by PRINCIPAL; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns, (or the s ubcontractors or lower tier subcontractors of the PRINCIPAL) to pay all laborers, mechanics, subcontractors, lower tier subcontractors material persons, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower tier subcontractors of the PRINCIPAL) to faithfully perform the Contract. • The indemnities to CITY/OWNER shall also inure to the benefit of the Consulting Engineers and other design professionals retained by OWNER in connection with the Project. • No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect SURETY 's obligation on the Contract Bond. SURETY , for value received, hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work to be performed thereunder and agrees that modifications and changes to the terms and conditions of the Contract that increase CAG-25-110 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 IV.2 – Contract Bond to the City of Renton SWP-27-2057 Page 2 of 2 2025 - 03/08/2022 F clb the total amount to be paid the PRINCIPAL shall automatically increase the obligation of the SURETY on this Contract Bond and notice to SURETY is not required for such increased obligation. • This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. FURTHERMORE, this Contract Bond shall be satisfied and released only upon the condition s that PRINCIPAL or SURETY: • Faithfully performs all provisions of the Contract and changes authorized by CITY/OWNER in the manner and within the time specified as may be extended under the Contract; • Pay, in accordance with Chapters 39.08, 39.12 and 60.28 Revised Code of Washington (RCW), the sums due all workers, laborers, mechanics, subcontractors, lower tier subcontractors, material suppliers, and all other persons or agents who supply labor, equipment, or materials for carrying on of such work under the Contract; • Pay all taxes, increases and penalties, if any, incurred on or related to the Contract under Titles 50 and 51 Revised Code of Washington (RCW) and any and all taxes imposed on the Principle under Title 82 RCW or any other law; • Receives a written discharge/release of bond from CITY, signed by the Mayor or by a duly authorized representative of CITY. This Contract Bond shall be executed in two (2) original counterparts, and shall be signed by the parties’ duly authorized officers. This Contract Bond will only be accepted if is accompanied by a fully executed and original power of attorney for the office executing on behalf of the SURETY. PRINCIPAL SURETY [PRINCIPAL] [SURETY] [Signature of Authorized Official] [Signature of Authorized Official] [Printed Name] [Printed Name] [Title] [Title] [Date] [Date] Name and address of local office of Agent and/or SURETY Company: Telephone: MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 IV.3 - Fair Practices Policy Affidavit of Compliance SWP-27-2057 Page 1 of 1 2025 FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. ________________________________________________________ hereby confirms and declares that: [Name of contractor/subcontractor/consultant] I. It Is the policy of the above-named contractor/subcontractor/consultant, to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran’s status. I. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. II. When applicable, the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. [Print Agent/Representative’s Name] [Print Agent/Representative’s Title] [Agent/Representative’s Signature] [Date Signed] MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 CAG-25-110 SWP-27-2057 Maplewood Creek and Madsen Creek Sediment Basin Cleaning 2025-2026 IV.4 – Retainage Selection SWP 27-2057 Page 1 of 1 2025 RETAINAGE SELECTION Per Standard Specifications Section 1-09.9(1) Retainage, and RCW 60.28, a sum of 5- percent of the monies earned by the Contractor will be retained from progress estimates. The retainage will be used as a trust fund for the protection and payment of (1) the State with respect to taxes, and (2) the claims of any person arising under the Contract. Retainage shall be placed in a fund held by the city (non-interest bearing), unless the Contractor selects a one of the options listed below and completes all arrangements needed for that option to the satisfaction of the city. Other retainage fund options: __ 1. Deposited by the city in an escrow account (interest bearing) in a bank, mutual savings bank, or savings and loan association. Deposits will be in the name of the Contractor and bank; and are not allowed to be withdrawn without the city’s written authorization, or __ 2. The city, at its’ option, may accept a bond from the Contractor in lieu of retainage. If the Contractor selects option 1 or 2 it is fully responsible for selecting the bank or association to be used, and for making all arrangements and paying all costs associated with that option. All arrangements and forms needed for option 1 or 2 shall be submitted to the city for review and approval. Release of the Retainage will be made 60 days following the Completion Date provided the conditions in Special Provisions Section 1-09.9(1), and applicable State Regulations, are met. [Signature] [Printed Name] [Title, Company] [Date] City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ V. CONTRACT SPECIFICATIONS CITY OF RENTON, WASHINGTON MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2025-2026 ISSUED FOR BID SPRING 2025 SPECIAL PROVISIONS THIS PAGE INTENTIONALLY LEFT BLANK TABLE OF CONTENTS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 1 2025 Table of Contents INTRODUCTION TO THE SPECIAL PROVISIONS ...................................................... 6 1-01.3 DEFINITIONS ................................................................................................ 7 1-02 BID PROCEDURES AND CONDITIONS ............................................................. 10 1-02.1 Prequalification of Bidders ................................................................................ 10 1-02.1 Qualifications of Bidder .................................................................................... 10 1-02.2 Plans and Specifications .................................................................................. 10 1-02.4(1) General ........................................................................................................ 10 1-02.5 Proposal Forms ............................................................................................ 11 1-02.6 Preparation of Proposal .................................................................................... 11 1-02.7 Bid Deposit ............................................................................................... 12 1-02.9 Delivery of Proposal ........................................................................................ 12 1-02.10 Withdrawing, Revising, or Supplementing Proposal ......................................... 12 1-02.12 Public Opening of Proposals ........................................................................... 13 1-02.13 Irregular Proposals ......................................................................................... 13 1-02.15 Pre Award Information .................................................................................... 14 1-03 AWARD AND EXECUTION OF CONTRACT ........................................................ 16 1-03.1 Consideration of Bids ................................................................................... 16 1-03.2 Award of Contract ........................................................................................... 16 1-03.3 Execution of Contract ................................................................................ 16 1-03.4 Contract Bond .............................................................................................. 17 1-03.7 Judicial Review ............................................................................................. 18 1-04 SCOPE OF WORK .......................................................................................... 19 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda .............................................................................................................. 19 1-04.4(1) Minor Changes ............................................................................................ 19 1-04.8 Progress Estimates and Payments ................................................................... 19 1-04.11 Final Cleanup................................................................................................ 19 1-04.12 Contractor-Discovered Discrepancies ........................................................... 20 1-05 CONTROL OF WORK ...................................................................................... 21 1-05.4 Conformity with and Deviation from Plans and Stakes ...................................... 21 1-05.4(1) Contractor Supplied Surveying ................................................................. 22 1-05.4(2) Contractor Provided As-Built Information ................................................. 22 TABLE OF CONTENTS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 2 2025 1-05.7 Removal of Defective and/or Unauthorized Work .............................................. 23 1-05.10 Guarantees ................................................................................................... 24 1-05.11 Final Inspection ........................................................................................ 25 1-05.11 Final Inspections and Operational Testing .................................................. 25 1-05.11(1) Substantial Completion Date ............................................................. 25 1-05.11(2) Final Inspection and Physical Completion Date ................................... 25 1-05.11(3) Operational Testing ............................................................................ 26 1-05.12 Final Acceptance .......................................................................................... 26 1-05.13 Superintendents, Labor, and Equipment of Contractor ............................... 26 1-05.14 Cooperation with Other Contractors .............................................................. 27 1-05.15 Method of Serving Notices .............................................................................. 27 1-05.16 Water and Power ............................................................................................ 27 1-05.17 Oral Agreements ........................................................................................... 28 1-05.19 Contractor's Daily Diary ................................................................................. 28 1-06 CONTROL OF MATERIAL ................................................................................ 30 1-06.1(4) Fabrication Inspection Expense ................................................................. 30 1-06.2(2)B Financial Incentive ................................................................................ 30 1-06.6 Recycled Materials .......................................................................................... 30 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC .............................. 31 1-07.1 Laws to be Observed ....................................................................................... 31 1-07.2 State Sales Tax ................................................................................................ 31 1-07.6 Permits and Licenses ...................................................................................... 32 1-07.9 Wages ............................................................................................................ 34 1-07.9(5) Required Documents .................................................................................. 34 1-07.9(5) A General ............................................................................................. 34 1-07.11 Requirements for Non-Discrimination ............................................................ 34 1-07.11(11) City of Renton Affidavit of Compliance ................................................. 34 1-07.12 Federal Agency Inspection............................................................................. 34 1-07.15(2) Temporary Water Pollution/Erosion Control ................................................ 34 1-07.16 Protection and Restoration of Property ........................................................... 36 1-07.16(1) Private/Public Property .......................................................................... 36 1-07.17 Utilities and Similar Facilities ......................................................................... 38 1-07.17(3) Site Specific Potholing ........................................................................... 39 1-07.17(4) Interruption of Services .......................................................................... 40 1-07.17(5) Resolution of Utility Conflicts ................................................................. 41 1-07.18 Public Liability and Property Damage Insurance ............................................. 41 TABLE OF CONTENTS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 3 2025 1-07.18(1) General Requirements ............................................................................ 41 1-07.18(2) Additional Insured ................................................................................. 42 1-07.18(3) Subcontractors ..................................................................................... 43 1-07.18(4) Verification of Coverage ......................................................................... 43 1-07.18(5) Coverages and Limits ............................................................................. 43 1-07.18(5)A Commercial General Liability ............................................................... 44 1-07.18(5)B Automobile Liability ............................................................................. 44 1-07.18(5)C Workers’ Compensation ...................................................................... 44 1-07.18(5)D Pollution Liability ................................................................................. 44 1-07.22 Use of Explosives .......................................................................................... 45 1-07.23 Public Convenience and Safety ...................................................................... 45 1-07.23(1) Construction Under Traffic ..................................................................... 45 1-07.24 Rights-of-Way ............................................................................................... 46 1-08 PROSECUTION AND PROGRESS ..................................................................... 48 1-08.0 Preliminary Matters ......................................................................................... 48 1-08.0(1) Preconstruction Conference .................................................................... 48 1-08.0(2) Hours of Work ......................................................................................... 49 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees ....... 50 1-08.1 Subcontracting ............................................................................................... 50 1-08.3 Progress Schedule .......................................................................................... 50 1-08.4 Notice to Proceed and Prosecution of the Work ................................................ 52 1-08.5 Time for Completion ........................................................................................ 52 1-08.9 Liquidated Damages ....................................................................................... 54 1-08.11 Contractor's Plant and Equipment ................................................................. 55 1-08.12 Attention to Work .......................................................................................... 55 1-09 MEASUREMENT AND PAYMENT ...................................................................... 56 1-09.1 Measurement of Quantities ............................................................................. 56 1-09.3 Scope of Payment ........................................................................................... 57 1-09.6 Force Account ................................................................................................ 58 1-09.7 Mobilization .................................................................................................... 58 1-09.9 Payments ....................................................................................................... 58 1-09.9(1) Retainage ................................................................................................ 59 1-09.9(2) Contracting Agency’s Right to Withhold and Disburse Certain Amounts ..... 60 1-09.9(3) Final Payment ......................................................................................... 61 1-09.11 Disputes and Claims ..................................................................................... 62 1-09.11(3) Time Limitations and Jurisdiction ........................................................... 62 1-09.13 Claims and Resolutions ................................................................................. 62 1-09.13(1)A General ............................................................................................... 62 1-09.13(3) Claims $250,000 or Less ........................................................................ 63 TABLE OF CONTENTS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 4 2025 1-09.13(3)A Arbitration General .............................................................................. 63 1-09.14(1) Scope ....................................................................................................... 64 1-09.14(2) Bid Items .................................................................................................. 64 Maplewood Creek Sediment Basin Bid Items............................................................ 65 Madsen Creek Sediment Basin Bid Items ................................................................. 77 1-10 TEMPORARY TRAFFIC CONTROL .................................................................... 84 1-10.1 General ........................................................................................................... 84 1-10.2(2) Traffic Control Plans ................................................................................. 86 1-10.3 Traffic Control Labor, Procedures, and Devices ................................................. 86 1-10.4 Measurement .................................................................................................. 89 1-10.5 Payment ......................................................................................................... 89 1-11 RENTON SURVEYING STANDARDS ................................................................. 90 1-11.1(1) Responsibility for Surveys ........................................................................ 90 1-11.1(2) Survey Datum and Precision .................................................................... 90 1-11.1(3) Subdivision Information ........................................................................... 90 1-11.1(4) Field Notes .............................................................................................. 91 1-11.1(5) Corners and Monuments ......................................................................... 91 1-11.1(6) Control or Base Line Survey ...................................................................... 91 1-11.1(7) Precision Levels ....................................................................................... 92 1-11.1(8) Radial and Station -- Offset Topography .................................................... 92 1-11.1(9) Radial Topography ................................................................................... 92 1-11.1(10) Station--Offset Topography ..................................................................... 92 1-11.1(11) As-Built Survey ...................................................................................... 93 1-11.1(12) Monument Setting and Referencing ........................................................ 93 1-11.2 Materials ......................................................................................................... 94 1-11.2(1) Property/Lot Corners ............................................................................... 94 1-11.2(2) Monuments ............................................................................................. 94 1-11.2(3) Monument Case and Cover ...................................................................... 94 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP .......................................... 95 2-01.1 Description ..................................................................................................... 95 2-01.2 Disposal of Usable Material and Debris ............................................................ 95 2-01.5 Payment ......................................................................................................... 95 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS ............................................. 95 2-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters .................................. 95 2-02.4 Measurement ................................................................................................. 96 2-02.5 Payment ......................................................................................................... 96 2-03 ROADWAY EXCAVATION AND EMBANKMENT ................................................... 96 2-03.3 Construction Requirements ............................................................................ 96 TABLE OF CONTENTS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 5 2025 2-03.4 Measurement ................................................................................................. 97 2-03.5 Payment ......................................................................................................... 97 2-04 HAUL ........................................................................................................... 98 2-04.5 Payment ......................................................................................................... 98 2-06 SUBGRADE PREPARATION ............................................................................. 98 2-06.5 Measurement and Payment ............................................................................ 98 2-09 STRUCTURE EXCAVATION .............................................................................. 98 2-09.1 Description ..................................................................................................... 98 2-09.3(1)D Disposal of Excavated Material .................................................................. 98 2-09.4 Measurement ................................................................................................. 99 2-09.5 Payment ......................................................................................................... 99 9-14 EROSION CONTROL AND ROADSIDE PLANTING ............................................ 101 9-14.2(1) Topsoil Type A ........................................................................................... 101 9-14.5(10) Hydroseeding ...................................................................................... 101 INTRODUCTION TO THE SPECIAL PROVISIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 6 2025 INTRODUCTION TO THE SPECIAL PROVISIONS (January 4, 2024 APWA GSP, Option A) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (May 1, 2013 Renton GSP) Agency Special Provision Project-specific special provisions are labeled without a date as such: (Sediment Basin Cleaning, PSP) Also incorporated into the Contract Documents by reference are: • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition • City of Renton Standard Plans, City of Renton Public Works Department • Public Rights-Of-Way Accessibility Guidelines (PROWAG), current edition. Contractor shall obtain copies of these publications, at Contractor’s own expense. 1-01.3 DEFINITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 7 2025 DIVISION 1 GENERAL REQUIREMENTS 1-01.3 DEFINITIONS (January 19, 2022 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the Contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The day all of the Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. Supplement this Section with the following: All references in the Standard Specifications or WSDOT General Special Provisions, to the terms “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, 1-01.3 DEFINITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 8 2025 “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”. All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”. All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid Proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate One of two or more units of work or groups of bid items, identified separately in the Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents See definition for “Contract”. Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. 1-01.3 DEFINITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 9 2025 Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. 1-02 BID PROCEDURES AND CONDITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 10 2025 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Prequalification of Bidders Delete this section and replace it with the following: 1-02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. 1-02.2 Plans and Specifications (June 27, 2011 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work. After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17") 4 Furnished automatically upon award. Contract Provisions 4 Furnished automatically upon award. Large plans (22" x 34") 1 Furnished only upon request. Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor’s own expense. 1-02.4(1) General (December 30, 2022 APWA GSP, Option B) The first sentence of the ninth paragraph, beginning with “Prospective Bidder desiring…”, is revised to read: Prospective Bidders desiring an explanation or interpretation of the Bid Documents, shall request the explanation or interpretation in writing by close of business 4 business days 1-02 BID PROCEDURES AND CONDITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 11 2025 preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their Bids. Section 1-02.4(1) is supplemented with the following: (Feb 3, 2025, Renton GSP) Questions received in less than 4 days prior to the date of sealed bid submittal may not be answered. The City will not be responsible for other explanations or interpretations of the bid documents. 1-02.5 Proposal Forms (July 31, 2017 APWA GSP) Delete this section and replace it with the following: The Proposal Form will identify the project and its location and describe the work. It will also list estimated quantities, units of measurement, the items of work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder’s name, address, telephone number, and signature; the bidder’s UDBE/DBE/M/WBE commitment, if applicable; a State of Washington Contractor’s Registration Number; and a Business License Number, if applicable. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the Proposal Form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the Proposal Form unless otherwise specified. 1-02.6 Preparation of Proposal (January 4, 2024 APWA GSP 1-02.6, Option B) Supplement the second paragraph with the following: 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last two paragraphs, and replace them with the following: The Bidder shall submit with their Bid a completed Contractor Certification Wage Law Compliance form, provided by the Contracting Agency. Failure to return this certification as part of the Bid Proposal package will make this Bid Nonresponsive and ineligib le for Award. A Contractor Certification of Wage Law Compliance form is included in the Proposal Forms. The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. 1-02 BID PROCEDURES AND CONDITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 12 2025 A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any DBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any DBE requirements are to be satisfied through such an agreement. 1-02.7 Bid Deposit (March 8, 2013 APWA GSP) Supplement this section with the following: Bid bonds shall contain the following: 1. Contracting Agency-assigned number for the project; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany the said signature; 6. The signature of the surety’s officer empowered to sign the bond and the power of attorney. If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. 1-02.9 Delivery of Proposal (Feb 3, 2025, Renton GSP) Revise the first paragraph to read: Each proposal shall be submitted in a sealed envelope, with Project Name and Project Number clearly marked on the outside of the envelope as stated in the Call for Bids, or as otherwise stated in the Bid Documents. 1-02.10 Withdrawing, Revising, or Supplementing Proposal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: 1-02 BID PROCEDURES AND CONDITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 13 2025 After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn. Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. 1-02.12 Public Opening of Proposals (Feb 3, 2025, Renton GSP) Section 1-02.12 is supplemented with the following: The Contracting Agency reserves the right to postpone the date and time for bid opening. Notification to bidder will be by addenda. Only those contractors found on the Builders Exchange of Washington, Inc “Self-Registered Bidders List” will be notified. The addenda will be posted on Builders Exchange of Washington, Inc. 1-02.13 Irregular Proposals (September 3, 2024 APWA GSP) Delete this section and replace it with the following: 1. A Proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The Bidder adds provisions reserving the right to reject or accept the Award, or enter into the Contract; c. A price per unit cannot be determined from the Bid Proposal; d. The Proposal form is not properly executed; e. The Bidder fails to submit or properly complete a subcontractor list (WSDOT Form 271-015), if applicable, as required in Section 1-02.6; f. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification (WSDOT Form 272-056), if applicable, as required in Section 1-02.6; 1-02 BID PROCEDURES AND CONDITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 14 2025 g. The Bidder fails to submit Written Confirmations (WSDOT Form 422-031) from each DBE firm listed on the Bidder’s completed DBE Utilization Certification that they are in agreement with the bidder’s DBE participation commitment, if applicable, as required in Section 1-02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; h. The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award in accordance with Section 1-07.11; i. The Bidder fails to submit a DBE Bid Item Breakdown (WSDOT Form 272-054), if applicable, as required in Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; j. The Bidder fails to submit the Bidder Questionnaire (DOT Form 272-022), if applicable as required by Section 1-02.6, or if the documentation that is submitted fails to meet the requirements of the Special Provisions; or k. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation. 2. A Proposal may be considered irregular and may be rejected if: a. The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered; d. The completed Proposal form contains unauthorized additions, deletions, alternate Bids, or conditions; e. Receipt of Addenda is not acknowledged; f. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or g. If Proposal form entries are not made in ink. 1-02.15 Pre Award Information (December 30, 2022 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used, 2. Samples of these materials for quality and fitness tests, 3. A progress schedule (in a form the Contracting Agency requires) showing the order of and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 1-02 BID PROCEDURES AND CONDITIONS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 15 2025 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain, and furnish a copy of, a business license to do business in the city or county where the work is located. 7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 AWARD AND EXECUTION OF CONTRACT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 16 2025 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (December 30, 2022 APWA GSP) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder’s unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and/or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. (Feb 3, 2025, Renton GSP) Section 1-03.1 is supplemented with the following: All bids will be based on total sum of all schedules of prices. No partial bids will be accepted unless so stated in the call for bids or special provisions. The City reserves the right to award all or any schedule of a bid to the lowest bidder at its discretion. 1-03.2 Award of Contract (Feb 3, 2025, Renton GSP) Section 1-03.2 is supplemented with the following: The Contract, bond form, and all other forms requiring execution, together with a list of all other forms or documents required to be submitted by the successful bidder, will be forwarded to the successful bidder within 10 days of the award. The number of copies to be executed by the Contractor shall be determined by the Contracting Agency. 1-03.3 Execution of Contract (July 8, 2024 APWA GSP Option A) Revise this section to read: Within 3 calendar days of Award date (not including Saturdays, Sundays and Holidays), the successful Bidder shall provide the information necessary to execute the Contract to the Contracting Agency. The Bidder shall send the contact information, including the full name, email address, and phone number, for the authorized signer and bonding agent to the Contracting Agency. 1-03 AWARD AND EXECUTION OF CONTRACT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 17 2025 Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within 10 calendar days after the award date, the successful bidder shall return the signed Contracting Agency-prepared contract, an insurance certification as required by Section 1- 07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer of Coverage form for the Construction Stormwater General Permit with sections I, III, and VIII completed when provided. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1- 02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 5 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performa nce bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency-furnished form(s); 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner, 3. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material 1-03 AWARD AND EXECUTION OF CONTRACT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 18 2025 person, or any other person who provides supplies or provisions for carrying out the work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). 1-03.7 Judicial Review (December 30, 2022 APWA GSP) Revise this section to read: All decisions made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. 1-04 SCOPE OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 19 2025 1-04 SCOPE OF WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda (Feb 3, 2025, Renton GSP) Revise the second paragraph to read: Any inconsistency in the parts of the Contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Change Orders after the contract is executed 2. Addenda 3. Proposal Form 4. Renton Project Special Provisions 5. Renton General Special Provisions 6. Contract Plans 7. City of Renton Standard Plans and Details 8. WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction 9. WSDOT/APWA Standard Plans for Road, Bridge and Municipal Construction 1-04.4(1) Minor Changes (May 30, 2019 APWA GSP) Delete the first paragraph and replace it with the following: Payments or credits for changes amounting to $25,000 or less may be made under the Bid item “Minor Change”. At the discretion of the Contracting Agency, this procedure for Minor Changes may be used in lieu of the more formal procedure as outlined in Section 1-04.4, Changes. All “Minor Change” work will be within the scope of the Contract Work and will not change Contract Time. 1-04.8 Progress Estimates and Payments (Feb 3, 2025, Renton GSP) Section 1-04.8 is supplemented as follows: The Contractor is encouraged to provide to the Engineer prior to progress payments an estimate of “Lump Sum” Work accomplished to date. The Engineer's calculations and decisions shall be final in regard to the actual percentage of any lump sum pay item accomplished and eligible for payment unless another specific method of calculating lump sum payments is provided elsewhere in the Specifications. 1-04.11 Final Cleanup (Feb 3, 2025, Renton GSP) 1-04 SCOPE OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 20 2025 Section 1-04.11 is supplemented as follows: All salvage material as noted on the Plans and taken from any of the discarded facilities shall, at the Engineer's discretion, be carefully salvaged and delivered to the City shops. Any cost incurred in salvaging and delivering such items shall be considered incidental to the project and no compensation will be made. The Contract price for "Finish and Cleanup, Lump Sum," shall be full compensation for all Work, equipment and materials required to perform final cleanup. If this pay item does not appear in the Contract Documents, then final cleanup shall be considered incidental to the Contract and to other pay item and no further compensation shall be made. 1-04.12 Contractor-Discovered Discrepancies (Feb 3, 2025, Renton GSP) Section 1-04.12 is a new section: Upon receipt of award of contract, the Contractor shall carefully study and compare all the components of the Contract Documents and other instructions, and check and verify all field measurements. The Contractor shall, prior to ordering material or performing Work, report in writing to the Engineer any error, inconsistency, or omission in respect to design or mode of construction, which is discovered. If the Contractor, in the course of this study or in the accomplishment of the Work, finds any discrepancy between the Plans and the physical condition of the locality as represented in the Plans, or any such errors or omissions in respect to design or mode of construction in the Plans or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer immediately in writing, and the Engineer will promptly check the same. Any Work done after such discovery, until correction of Plans or authorization of extra Work is given, if the Engineer finds that extra Work is involved, will be done at the Contractor's risk. If extra Work is involved, the procedure shall be as provided in Section 1-04.4 of the Standard Specifications. 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 21 2025 1-05 CONTROL OF WORK 1-05.4 Conformity with and Deviation from Plans and Stakes (Feb 3, 2025, Renton GSP) Section 1-05.4 is supplemented with the following: If the project calls for the Contractor supplied surveying, the Contractor shall provide all required survey Work, including such Work as mentioned in Sections 1-05, 1-11 and elsewhere in these Specifications as being provided by the Engineer. All costs for this survey Work shall be included in "Contractor Supplied Surveying," per lump sum. The Engineer or the Contractor supplied surveyor will provide construction stakes and marks establishing lines, slopes, and grades as stipulated herein and will perform such Work per Section 1-11. The Contractor shall assume full responsibility for detailed dimensions, elevations, and excavation slopes measured from the Engineer or the Contractor supplied surveyor furnished stakes and marks. The Contractor shall provide a work site, which has been prepared to permit construction staking to proceed in a safe and orderly manner. The Contractor shall keep the Engineer, or the Contractor supplied surveyor informed of staking requirements and provide at least 48-hour notice to allow the Engineer or the Contractor supplied surveyor adequate time for setting stakes. The Contractor shall carefully preserve stakes, marks, and other reference points, including existing monumentation, set by Contracting Agency forces. The Contractor will be charged for the costs of replacing stakes, markers and monumentation that were not to be disturbed but were destroyed or damaged by the Contractor's operations. This charge will be deducted from monies due or to become due to the Contractor. Any claim by the Contractor for extra compensation by reason of alterations or reconstruction Work allegedly due to error in the Engineer's line and grade, will not be allowed unless the original control points set by the Engineer still exist, or unless other satisfactory substantiating evidence to prove the error was furnished by the Engineer. Three consecutive points set on line or grade shall be the minimum points used to determine any variation from a straight line or grade. Any such variation shall, upon discovery, be reported to the Engineer. In the absence of such report the Contractor shall be liable for any error in alignment or grade. The Contractor shall provide all surveys required other than those to be performed by the Engineer. All survey Work shall be done in accordance with Section 1-11 SURVEYING STANDARDS of these Specifications. The Contractor shall keep updated survey field notes in a standard field book and in a format set by the Engineer, per Section 1-11.1(4). These field notes shall include all survey Work performed by the Contractor's surveyor in establishing line, grade and slopes for the construction Work. Copies of these field notes shall be provided to the Engineer upon request and upon completion of the Contract Work the field book or books shall be submitted to the Engineer and become the property of the Contracting Agency. If the survey Work provided by the Contractor does not meet the standards of the Engineer, then 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 22 2025 the Contractor shall, upon the Engineer's written request, remove the individual or individuals doing the survey Work and the survey Work will be completed by the Engineer at the Contractor's expense. Costs for completing the survey Work required by the En gineer will be deducted from monies due or to become due the Contractor. All costs for survey Work required to be performed by the Contractor shall be included in the prices bid for the various items which comprise the improvement or be included in the bid item for "Contractor Supplied Surveying" per lump sum if that item is included in the contracts. 1-05.4(1) Contractor Supplied Surveying (Feb 3, 2025, Renton GSP) Section 1-05.4(1) is a new section: When the Contract provides for Contractor Supplied Surveying, the Contractor shall supply the survey Work required for the project. The Contractor shall retain as a part of the Contractor Organization an experienced team of surveyors under the direct supe rvision of a professional land surveyor licensed by the State of Washington. All survey Work shall be done in accordance with Sections 1-05.4 and 1-11. The Contractor and/or the Surveyor shall inform the Engineer in writing of any errors, discrepancies, and omissions to the Plans that prevent the Contractor and/or the Surveyor from constructing the project in a manner satisfactory to the Engineer. All errors, discrepancies, and omissions must be corrected to the satisfaction of the Engineer before the survey Work may be continued. The Contractor shall coordinate his Work with the Surveyor and perform his operations in a manner to protect all survey stakes from harm. The Contractor shall inform the Surveyor of the Contractor's intent to remove any survey stakes and/or points before physically removing them. The Surveyor shall be responsible for maintaining As-Built records for the project. The Contractor shall coordinate his operations and assist the Surveyor in maintaining accurate As-Built records for the project. If the Contractor and the Surveyor fail to provide, as directed by the Engineer and/or these Plans and Specifications, accurate As-Built records and other Work the Engineer deems necessary, the Engineer may elect to provide at Contractor expense, a surveyor to provide all As-Built records and other Work as directed by the Engineer. The Engineer shall deduct expenses incurred by the Engineer-supplied surveying from monies owed to the Contractor. Payment per Section 1-04.1 for all Work and materials required for the full and complete survey Work required to complete the project and As-Built drawings shall be included in the lump sum price for "Construction Surveying, Staking, and As-Built Drawings." 1-05.4(2) Contractor Provided As-Built Information (Feb 3, 2025, Renton GSP) Section 1-05.4(2) is a new section: 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 23 2025 It shall be the Contractors responsibility to record the location prior to the backfilling of the trenches, by centerline station, offset, and depth below pavement, of all existing utilities uncovered or crossed during his Work as covered under this project. It shall be the Contractor’s responsibility to have his Surveyor locate each major item of Work done under this contract per the survey standard of Section 1-11. Major items of Work shall include but not be limited to: Manholes, Catch basins and Inlets, Valves, Vertical and Horizontal Bends, Junction Boxes, Cleanouts, Side Sewers, Storm Drain Laterals, Street Lights & Standards, Hydrants, Major Changes in Design Grade, Vaults, Culverts, Signal Poles, and Electrical Cabinets. After the completion of the Work covered by this contract, the Contractor’s Surveyor shall provide to the City the hard covered field book(s) containing the as -built notes and one set of white prints of the project drawings upon which he has plotted the notes of the Contractor locating existing utilities, and one set of white prints of the project drawings upon which he has plotted the as -built location of the new Work as he recorded in the field book(s). This drawing shall bear the Surveyor’s seal and signature certifying its accuracy. All costs for as-built Work shall be included in the Contract item "Construction Surveying, Staking, and As-Built Drawings", lump sum. 1-05.7 Removal of Defective and/or Unauthorized Work (Feb 3, 2025, Renton GSP) Section 1-05.7 is supplemented as follows: Upon written notice from the Engineer, the Contractor shall promptly replace and re-execute Work by Contractor forces, in accordance with the intent of the Contract and without expense to the Owner, and shall bear the expense of making good all Work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned Work and materials and commence re- execution of the Work within 7 calendar days of written notice from the Engineer, or fails to perform any part of the Work required by the Contract Documents, the Owner may correct and remedy such Work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. In that case, the Owner may store removed material. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized Work, or Work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of Work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized Work. If sufficient funds do not remain in the Contract and the Contractor does not pay the cost of such removal and storage within 10 calendar days from the date of the notice to the Contractor of the fact of such removal, the Owner may, upon an additional 10 calendar days written notice, sell such materials at public or private sale, and deduct all costs and expenses incurred from monies due to 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 24 2025 the Contractor, including costs of sale, and accounting to Contractor for the net proceeds remaining. The Owner may bid at any such sale. The Contractor shall be liable to the Owner for the amount of any deficiency from any funds otherwise due the Contra ctor. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized Work corrected immediately, have the rejected Work removed and replaced, or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public, the Property Owner and the Property Owner’s property. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the Work attributable to the exercise of the Contracting Agency’s rights provided by this section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the Work as required. 1-05.10 Guarantees (Feb 3, 2025, Renton GSP) Section 1-05.10 is supplemented as follows: If within one year after the Acceptance Date of the Work by the Contracting Agency, defective and/or unauthorized Work is discovered, the Contractor shall promptly, upon written order by the Contracting Agency, return and in accordance with the Engineer’s instructions, either correct such Work, or if such Work has been rejected by the Engineer, remove it from the project site and replace it with non-defective and authorized Work, all without cost to the Contracting Agency. If the Contractor does not promptly comply with the written order to correct defective and/or unauthorized Work, or if an emergency exists, the Contracting Agency reserves the right to have defective and/or unauthorized Work corrected or removed and replaced pursuant to Section 1-05.7 “Removal of Defective and/or Unauthorized Work.” The Contractor agrees the above one year limitation shall not exclude or diminish the Contracting Agency’s rights under any law to obtain damages and recover costs resulting from defective and/or unauthorized Work discovered after one year but prior to the expiration of the legal time period set forth in RCW 4.16.040 limiting actions upon a contract in writing, or liability expressed of implied arising out of a written agreement. The Contractor shall warrant good title to all materials, supplies, and equipment purchased for, or incorporated in the Work. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor, to recover under any bond given by the Contractor for their protection, or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the Contracting Agency. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the Work when no 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 25 2025 formal contract is entered into for such materials. 1-05.11 Final Inspection Delete this section and replace it with the following: 1-05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1-05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor’s request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the list ed deficiencies have been corrected. 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 26 2025 If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer’s right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1-05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the phy sical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the p roposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the contract. 1-05.12 Final Acceptance (Feb 3, 2025, Renton GSP) The third and fourth sentences in paragraph 1 are deleted and replaced with: The Final Acceptance date shall be that date in which the Renton City Council formally approves acceptance of the work. Before the final acceptance of the work, the contractor must submit the Final Payment Voucher provided by the City. 1-05.13 Superintendents, Labor, and Equipment of Contractor (August 14, 2013 APWA GSP) 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 27 2025 Delete the sixth and seventh paragraphs of this section. 1-05.14 Cooperation with Other Contractors (Feb 3, 2025, Renton GSP) Section 1-05.14 is supplemented as follows: The Contractor shall afford the Owner and other contractors working in the area reasonable opportunity for the introduction and storage of their materials and the execution of their respective Work and shall properly connect and coordinate the Contractor’s Work with theirs. Other utilities, districts, agencies, and contractors who may be working within the project area are: 1. Puget Sound Energy (gas and electric) 2. AT&T Broadband 3. CenturyLink 4. City of Renton (water, sewer, storm, transportation) 5. Comcast 6. Seattle Public Utilities 7. King County Metro Sewer 8. Private contractors employed by adjacent property owners The Contractor shall coordinate with City of Renton on tying into any existing electrical service cabinet. 1-05.15 Method of Serving Notices (January 4, 2024 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be served and directed to the Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be written in paper format, hand delivered or sent via certified mail delivery service with return receipt requested to the Engineer's office. Electronic copies such as e -mails or electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. 1-05.16 Water and Power (October 1, 2005 APWA GSP) Section 1-05.16 is a new section: The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 28 2025 1-05.17 Oral Agreements (Feb 3, 2025, Renton GSP) Section 1-05.17 is a new section: No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1-05.19 Contractor's Daily Diary (Feb 3, 2025, Renton GSP) Section 1-05.19 is a new section: The Contractor and subcontractors shall maintain and provide to the Engineer a Daily Diary Record of this Work. This diary will be created by pen entries in a hardbound diary book of the type that is commonly available through commercial outlets or by an alternative electronic method approved by the Engineer. The diary must contain the Project and Number; if the diary is in loose-leaf form, this information must appear on every page. The diary must be kept and maintained by the Contractor's designated project superintendent(s). Entries must be made on a daily basis and must accurately represent all of the project activities on each day. At a minimum, the diary shall show on a daily basis: 1. The day and date. 2. The weather conditions, including changes throughout the day. 3. A complete description of Work accomplished during the day with adequate references to the Plans and Contract Provisions, so that the reader can easily and accurately identify said Work in the Plans. Identify location/description of photographs or videos taken that day. 4. An entry for each and every changed condition, dispute or potential dispute, incident, accident, or occurrence of any nature whatsoever which might affect the Contractor, the Owner, or any third party in any manner. 5. Listing of any materials received and stored on- or off-site by the Contractor for future installation, to include the manner of storage and protection of the same. 6. Listing of materials installed during each day. 7. List of all subcontractors working on-site during each day. 8. Listing of the number of the Contractor's employees working during each day by category of employment. 1-05 CONTROL OF WORK Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 29 2025 9. Listing of the Contractor's equipment working on the site during each day. Idle equipment on the site shall be listed and designated as idle. 10. Notations to explain inspections, testing, stake-out, and all other services furnished by the Owner or other party during each day. 11. Entries to verify the daily (including non-Workdays) inspection and maintenance of traffic control devices and condition of the traveled roadway surfaces. The Contractor shall not allow any conditions to develop that would be hazardous to the public. 12. Any other information that serves to give an accurate and complete record of the nature, quantity, and quality of Contractor's progress on each day. 13. Plan markups showing locations and dimensions of constructed features to be used by the Engineer to produce record drawings. 14. All pages of the diary must be numbered consecutively with no omissions in page numbers. 15. Each page must be signed and dated by the Contractor's official representative on the project. The Contractor may use additional sheets separate from the diary book if necessary, to provide a complete diary record, but they must be signed, dated, and labeled with project name and number. It is expressly agreed between the Contractor and the Owner that the Daily Diary maintained by the Contractor shall be the “Contractor's Book of Original Entry” for the documentation of any potential claims or disputes that might arise during this contract. Failure of the Contractor to maintain this diary in the manner described above will constitute a waiver of any such claims or disputes by the Contractor. The Engineer or other Owner’s representative on the job site will also complete a Daily Construction Report. 1-06 CONTROL OF MATERIAL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 30 2025 1-06 CONTROL OF MATERIAL 1-06.1(4) Fabrication Inspection Expense (June 27, 2011 AWPA GSP) Delete this section in its entirety. 1-06.2(2)B Financial Incentive (January 4, 2024 AWPA GSP) Replace the first sentence of this Section with the following: The maximum Composite Pay Factor shall be 1.00. 1-06.6 Recycled Materials (Feb 3, 2025, Renton GSP) Delete this section, including its subsections, and replace it with the following: The Contractor shall make their best effort to utilize recycled materials in the construction of the project, however, the use of recycled materials is not a requirement of the Contract. Recycled aggregates shall not be installed as pipe zone bedding but may be allowed in the backfill zone if approved by the Engineer. Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on-site material and aggregates from concrete returned to the supplier). The Contractor’s report shall be provided on DOT form 350-075 Recycled Materials Reporting. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 31 2025 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) Section 1-07.1 is supplemented as follows: In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital or doctor’s care, and persons, including employees, who may have been injured on the project site. Employees should not be permitted to Work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the Work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures, in, on, or near the project site. 1-07.2 State Sales Tax Delete this section, including its sub-sections, in its entirety and replace it with the following: 1-07.2 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the Contractor any amount the 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 32 2025 Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2(1) State Sales Tax — Rule 171 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state, or by the United States, and which are used primarily for foot or veh icular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1-07.2(2) State Sales Tax — Rule 170 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such per sonal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1-07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). 1-07.6 Permits and Licenses (Feb 3, 2025, Renton GSP) Section 1-07.6 is supplemented as follows: 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 33 2025 The Contractor shall ensure that all necessary permits are obtained and is responsible for reviewing all permits to become familiar with the requirements. The Contractor and all subcontractors of any tier must obtain a City of Renton Business License (Contractor). The permits, easements, and right of entry documents that have been acquired are available for inspection and review. The Contractor shall be required to comply with all conditions of the permits, easements, and rights of entry, at no additional cost to the Owner. The Contractor is required to indemnify the Owner from claims on all easements and rights of entry. All other permits, licenses, etc., shall be the responsibility of the Contractor. The Contractor shall comply with the special provisions and requirements of each. Permits, permission under franchises, licenses, and bonds of a temporary nature necessary for and during the prosecution of the Work, and inspection fees in connection therewith shall be secured and paid for by the Contractor. If the Owner is required to secure such permits, permission under franchises, licenses and bonds, and pay the fees, the costs incurred by the Owner thereby shall be charged against the Contractor and deducted from any funds otherwise due the Contractor. The Contractor is cautioned to review all permits and other Contract Documents and schedule the work activities appropriately to complete the work within the number of days stated in the Contract Document. No additional compensation or extensions to time will be granted to the Contractor due to the time constraints imposed by such documents. The Contractor shall assume all responsibility for meeting all requirements of all permits. Any fines or penalties incurred by Contracting Agency for not meeting state water quality standards and/or lack of stormwater pollution prevention on this Project shall be deducted from monies otherwise due to Contractor. Any fines assessed directly to Contractor shall be paid directly to the fining authority, at the Contractor’s own cost. (Sediment Basin Cleaning PSP) Section 1-07.6 is supplemented as follows: The Contractor is responsible for complying with the Hydraulic Project Approvals (HPAs) issued by the Washington State Department of Fish and Wildlife, and the Nation Wide Permits (NWPs) issued by the Army Corps of Engineers during prosecution of the Work. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 34 2025 1-07.9 Wages 1-07.9(5) Required Documents 1-07.9(5) A General (July 8, 2024 APWA GSP) This section is revised to read as follows: All Statements of Intent to Pay Prevailing Wages, Affidavits of Wages Paid and Certified Payrolls, including a signed Statement of Compliance for Federal-aid projects, shall be submitted to the Engineer and to the State L&I online Prevailing Wage Intent & Affidavit (PWIA) system. When apprenticeship is a requirement of the contract, include in PWIA all apprentices. 1-07.11 Requirements for Non-Discrimination 1-07.11(11) City of Renton Affidavit of Compliance (Feb 3, 2025, Renton GSP) Section 1-07.11(11) is new: Each Contractor, Subcontractor, Consultant, and or Supplier shall complete and submit a copy of the “City of Renton Fair Practices Policy Affidavit of Compliance”. A copy of this document will be bound in the bid documents. 1-07.12 Federal Agency Inspection (Feb 3, 2025, Renton GSP) Section 1-07.12 is supplemented with the following: Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State L aw shall prevail. The provisions of FHWA 1273, as amended, included in this contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each subcontract requiring the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this Section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.15(2) Temporary Water Pollution/Erosion Control (Feb 3, 2025, Renton GSP) 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 35 2025 Section 1-07.15(2) is a new section: The Contractor shall perform all Work in strict accordance with all Federal, State, and local laws and regulations governing waters of the State, as well as permits acquired for the project. The Contractor shall prepare a final Temporary Water Pollution/Erosion Control Plan (TWPECP) and a final SWPPP. The TWPECP and SWPPP shall be developed in accordance with the erosion control standards contained in the 2017 City of Renton Surface Water Design Manual. The plan shall include any assumptions, detailed calculations, sketches, and sequencing. The plan shall be signed and stamped by a Washington State Professional Engineer. A TESC supervisor shall be designated by the Contractor, whose name and phone number shall be given to the Engineer at the Preconstruction Conference. The TESC supervisor must be CESCL certified in accordance with NPDES permit requirements. The plan shall be submitted for approval to the City within 20 days of the Notice of Award. The TWPECP shall include the various configurations that may be necessary to adequately control erosion and sediment at the site during the various stages of construction. Design of dewatering, water control, bypass systems, and temporary erosion and sediment control during construction shall be the responsibility of the Contractor. At a minimum, the plan shall contain: 1. Manufacturer’s data and detailed plans for the erosion control products specified in the plan . 2. Plan for temporary pipe system diversions. This shall include a description of when the piping will be used, pipe material, locations, elevations, plan and profile views, inlet and outlet protection, hydraulic capacity, and details of important design features. 3. Plan for collecting, pumping and pipe surface stormwater runoff, dewatering discharge, and seepage from the source to the temporary sedimentation tank (Baker Tank) or acceptable discharge. The plan shall be shown in phases to coincide with the phases of c onstruction. The plan shall include: a. Layout and details of system. b. Diversion systems manufacturer’s data and material submittals. c. Pump and pipe types, sizes, manufacturer’s data, and design criteria for pump sizing. d. Flow calculations for stormwater, seepage, and dewatering pump discharge. Schedule and sketch of location for dewatering systems. Pumps shall be sized to pump stormwater runoff for the tributary area plus an allowance for groundwater and surface seepage. Each pump area location shall be equipped with two pumps meeting the capacity requirement in case one is non-operational. e. Source of power for pumps, description of schedule and fueling requirements, storage location, and methods. 4. Manufacturer’s literature and test results (certificates) on the temporary silt fence, erosion control matting, riprap gradations, and any other necessary erosion control materials. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 36 2025 5. Planned installation and maintenance schedule for temporary erosion and sedimentation control facilities. Indicate locations and outlets of dewatering systems. As construction progresses and unexpected or seasonal conditions dictate, the Contractor shall anticipate that more water pollution/erosion control measures will be necessary. It shall be the obligation and responsibility of the Contractor to revise or supplement the pollution/erosion control measures as may be needed to protect the work, adjacent properties, storm drains, streams, and other water bodies. At all times, there must be material on the job site to handle any spills caused by the Contractor, such as tack, oils, diesel, etc. Materials would include, but not be limited to, oil absorbent pads and “kitty litter.” The Contractor must supply said materials at his expense and, in the event of a spill, be responsible for cleanup and disposal of contaminated materials. In addition, the SWPPP shall outline the procedures to be used to prevent high pH stormwater or dewatering water from entering surface waters. The plan shall include how the pH of the water will be maintained between pH 6.5 and pH 8.5 prior to being discha rged from the project or entering surface waters. Prior to beginning any concrete or grinding work, the Contractor shall submit the plan, for the Engineer’s review and approval. An Ecology template is available to the Contractor for producing the SWPPP, using project- specific information added by the Contractor. The template and instructions are available at: http://www.ecy.wa.gov/programs/wq/stormwater/construction. The Engineer’s review and any resulting approval of the Contractor’s SWPPP and TESCP will be only regarding conformance with the specification requirement that the Contractor have the plans prepared by a CPESC or professional Civil Engineer who has expertise in the type of facilities and that the SWPPP and TESCP include the items specified for such plans. The Contractor shall be solely responsible for the adequacy of the SWPPP and TESCP and if erosion sediment, and other pollutant control measures in deviation or addition to those described in the SWPPP become necessary to minimize erosion and prevent storm water contamination from sediment and other pollutants, the Contractor shall prepare and submit a revised SWPPPP to the Engineer for review as specified for the original plan. The Owner will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised SWPPP, nor for any delays to the Work due to the Contractor’s failure to submit and implement an acceptable SWPPP. 1-07.16 Protection and Restoration of Property 1-07.16(1) Private/Public Property (Feb 3, 2025, Renton GSP) Section 1-07.16(1) is supplemented by adding the following: The Contracting Agency will obtain all easements and franchises required for the project. The Contractor shall limit his operation to the areas obtained and shall not trespass on private property. The Contracting Agency may provide certain lands, as indicated in connection with the Work under 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 37 2025 the Contract together with the right of access to such lands. The Contractor shall not unreasonably encumber the premises with his equipment or materials. The Contractor shall provide, with no liability to the Contracting Agency, any additional land and access thereto not shown or described that may be required for temporary construction facilities or storage of materials. He shall construct all access roads, detour roads, or other temporary Work as required by his operations. The Contractor shall confine his equipment, storage of material, and operation of his workers to those areas shown and described and such additional areas as he may provide. A. General. All construction Work under this contract on easements, right-of-way, over private property or franchise, shall be confined to the limits of such easements, right-of-way or franchise. All Work shall be accomplished so as to cause the least amount of disturbance and a minimum amount of damage. The Contractor shall schedule his Work so that trenches across easements shall not be left open during weekends or holidays and trenches shall not be open for more than 48 hours. B. Structures. The Contractor shall remove such existing structures as may be necessary for the performance of the Work and, if required, shall rebuild the structures thus removed in as good a condition as found. He shall also repair all existing structures that may be damaged as a result of the Work under this contract. C. Easements, cultivated areas, and other surface improvements. All cultivated areas, either agricultural or lawns, and other surface improvements which are damaged by actions of the Contractor shall be restored as nearly as possible to their original condition. Prior to excavation on an easement or private right-of-way, the Contractor shall strip topsoil from the trench or construction area and stockpile it in such a manner that it may be replaced by him, upon completion of construction. Ornamental trees and shrubbery shall be carefully removed with the earth surrounding their roots wrapped in burlap and replanted in their original positions within 48 hours. All shrubbery or trees destroyed or damaged, shall be replaced by the Contractor with material of equal quality at no additional cost to the Contracting Agency. In the event that it is necessary to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after the trenches have been backfilled. The lawn area shall be cleaned by sweeping or other means, of all earth and debris. The Contractor shall use rubber wheel equipment similar to the small tractor-type backhoes used by side sewer contractors for all Work, including excavation and backfill, on easements or rights-of-way, which have lawn areas. All fences, markers, mailboxes, or other temporary obstacles shall be removed by the Contractor and immediately replace, after the trench is backfilled, in their original position. The Contractor shall notify the Contracting Agency and Property Owner at least 24 hours in advance of any Work done on easements or rights-of-way. Damage to existing structures outside of easement areas that may result from dewatering and/or other construction activity under this contract shall be restored to their original condition or better. The original condition shall be established by photographs taken and/or inspection made prior to construction. All such Work shall be done to the satisfact ion of the Property Owners and the Contracting Agency at the expense of the Contractor. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 38 2025 D. Streets. The Contractor will assume all responsibility of restoration of the surface of all streets (traveled ways) used by him if damaged. In the event the Contractor does not have labor or material immediately available to make necessary repairs, the Contractor shall so inform the Contracting Agency. The Contracting Agency will make the necessary repairs and the cost of such repairs shall b e paid by the Contractor. The Contractor is responsible for identifying and documenting any damage that is pre-existing or caused by others. Restoration of excavation in City streets shall be done in accordance with the City of Renton Trench Restoration Requirements, which is available at the Public Works Department Customer Services counter on the 6th floor, Renton City Hall, 1055 South Grady Way. 1-07.17 Utilities and Similar Facilities (Feb 3, 2025, Renton GSP) Section 1-07.17 is supplemented by adding: Existing utilities indicated in the Plans have been plotted from the best information available to the Engineer. Information and data shown or indicated in the Contract Documents with respect to existing underground utilities or services at or contiguous to the project site are based on information and data furnished to the Owner and the Engineer by owners of such underground facilities or others, and the Owner and the Engineer do not assume responsibility for the accuracy or completeness thereof. It is to be understood that other aboveground or underground facilities not shown in the Plans may be encountered during the course of the Work. All utility valves, manholes, vaults, or pull boxes which are buried shall be conspicuously marked in a fashion acceptable to the Owner and the Engineer by the Contractor to allow their location to be determined by the Engineer or utility personnel under adverse conditions, (inclement weather or darkness). Where underground main distribution conduits, such as water, gas, sewer, electric power, or telephone, are shown on the Plans, the Contractor, for the purpose of preparing his bid, shall assume that every property parcel will be served by a service connection for each type of utility. The Contractor shall conduct a utility coordination meeting with the utility companies concerning any possible conflict prior to commencing excavation in any area and submit documentation of said meeting to the Engineer. The Contractor shall resolve all crossing and clearance problems with the utility company concerned. No excavation shall begin until all known facilities, in the vicinity of the excavation area, have been located and marked. All costs for utility coordination, discussions, and meetings shall be considered incidental to the Contract and no additional compensation will be made. In addition to the Contractor having all utilities field marked before starting Work, the Contractor shall have all utilities field marked after they are relocated in conjunction with this project. Call Before You Dig The 48-Hour Locators 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 39 2025 1-800-424-5555 At least 2 and not more than 10 working days prior to commencing any excavations for utility potholing or for any other purpose under this Contract, the Contractor shall notify the Underground Utilities Location Center by telephone of the planned excavation and progress schedule. The Contractor is also warned that there may be utilities on the project that are not part of the One Call system. They must be contacted directly by the Contractor for locations. The Contractor shall make arrangements 48 hours in advance with respective utility owners to have a representative present when their utility is exposed or modified, if the utility chooses to do so. Utility Adjustments and Conflicts Existing utilities for telephone, power, gas, water, and television cable facilities shall be adjusted or relocated by the appropriate utility company unless otherwise noted in the Plans. These adjustments may be completed before the Contractor begins Wor k or may be performed in conjunction with the Contract Work. The Contractor shall be entirely responsible for coordination with the utility companies and arranging for the movement or adjustment, either temporary or permanent, of their facilities within the project limits. See also Section 1-05.14 of these Special Provisions. If or when utility conflicts occur, the Contractor shall continue the construction process on other aspects of the project whenever possible. The Contractor shall include in the Base Bid all necessary communication and meetings with the utility companies, and all necessary advance notification to utility companies to keep the project on schedule and avoid delays. No additional compensation will be made to the Contractor for reason of delay caused by the actions of any utility company, and the Contractor shall consider such costs to be incidental to the other items of the Contract. Utility Potholing Potholing may be included as a bid item for use in determining the location of existing utilities in advance of the Contractor's operations. If potholing is not included as a bid item, then it shall be considered incidental to other Work. The Contractor shall submit all potholing requests to the Engineer for approval, at least 2 working days before potholing is scheduled. Additionally, the Contractor shall provide potholing at the Engineer's request. In no way shall the Work described under Utility Potholing relieve the Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. 1-07.17(3) Site Specific Potholing (Feb 3, 2025, Renton GSP) Section 1-07.17(3) is a new section: Site Specific Potholing is intended to be potholing as identified in the Plans or as directed by the Engineer, which is separate from and in addition to potholing included as incidental for utility installation. The Contractor shall perform exploratory excavations as required to collect as-built information. The Contractor shall verify the depth, location, alignment, size, and material of existing underground utilities. The Contractor shall immediately notify the Engineer if field conditions differ 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 40 2025 from the expected conditions shown in the Contract Drawings. The Contractor shall perform all potholing identified on the plans prior to any construction to allow for any potential design modifications. The Contractor is still responsible to verify depth, location, alignment, and size of all existing utilities either specifically called for or not on the plans. For these utilities, the Contractor shall allow the Engineer 10 working days after written results are received to allow for minor design modifications when needed. The Contractor shall use the information obtained by potholing for procurement of suitable materials to revise the work accordingly, where required by the Contract. Upon completion of excavation the material can be used for temporary restoration. Where underground utilities are found to be in the way of construction, such condition shall not be deemed to be a changed or differing site condition, and if necessary, pipe alignment or grade shall be modified. No payment will be made unless potholing has been performed prior to trench excavation and witnessed by the Engineer. Different utilities may be found to occupy a common trench. Any two or more utilities separated by 3 feet or less shall constitute one pothole. Where multiple utilities exist in close proximity, the Contractor shall be paid for one pothole for every 5 feet of exploration trench. The quantity for this item is included to provide a common proposal for bid purposes. The actual quantity used in construction may vary from that amount. The unit price will not be adjusted if the actual quantity used varies by more than 25 percent. The contractor shall perform this potholing a minimum of twenty working days prior to crossing to allow for potential revisions. The contractor shall not have cause for claim of down-time or any other additional costs associated with ‘waiting’ if the owner provides design revisions (related to the information supplied per this section) within ten working days after the contractor provides the surveyed elevations. In no way shall the Work described under Site Specific Potholing relieve the Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. 1-07.17(4) Interruption of Services (Feb 3, 2025, Renton GSP) Section 1-07.17(4) is a new section: Whenever in the course of the construction operation it becomes necessary to cause an outage of utilities, it shall be the Contractor's responsibility to notify the affected users and the Engineer not less than 48 hours in advance of such outage. The Contractor shall make reasonable effort to minimize the duration of outages and shall estimate the length of time service will be interrupted and so notify the users. In the case of any utility outage that has exceeded or will exceed four hours, user contact shall again be made. Temporary service, if needed, will be arranged by the Contractor at no cost to the Owner. Water service interruptions, shut-offs, and connections shall be in accordance with Section 7-09. Overhead lighting outages shall not exceed 24 hours. All cost to the Contractor for providing temporary overhead lighting to meet above requirements shall be incidental to the various unit and Lump sum items of the Contract; no separate payment will be made. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 41 2025 In the event on an unplanned interruption of service, the Contractor shall be responsible for notifying the utility owner and customer immediately. The Contractor shall be solely responsible for repairing any broken utilities and/or services in a timely manner. 1-07.17(5) Resolution of Utility Conflicts (Feb 3, 2025, Renton GSP) Section 1-07.17(5) is a new section: In no way shall the work described under Resolution of Utility Conflicts relieve Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. If or when utility conflicts occur, Contractor shall continue the construction process on other aspects of the project whenever possible. If “Resolution of utility conflicts” is included as a bid item in Section 1-09.14, it shall be used to resolve any new identified utility conflicts not otherwise shown on the Contract Drawing or Specifications that are identified during the course of construction. 1-07.18 Public Liability and Property Damage Insurance (Sediment Basin Cleaning PSP) Delete this section in its entirety, and replace it with the following: 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims-made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made and state the retroactive date. Claims-made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 42 2025 Contracting Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. I. Under no circumstances shall a wrap up policy be obtained, for either initiating or maintaining coverage, to satisfy insurance requirements for any policy required under this Section. A “wrap up policy” is defined as an insurance agreement or arrangement under which all the parties working on a specified or designated project are insured under one policy for liability arising out of that specified or designated project. 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: ▪ the Contracting Agency and its officers, elected officials, employees, agents, and volunteers The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 43 2025 1-07.18(3) Subcontractors The Contractor shall cause each subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. The Contractor shall ensure that all subcontractors of every tier add all entities listed in 1 -07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth below. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 44 2025 All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self -insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self- insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work. Such policy must provide the following minimum limits: $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal & Advertising Injury each offence $1,000,000 Stop Gap / Employers’ Liability each accident 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. Such policy must provide the following minimum limit: $1,000,000 Combined single limit each accident 1-07.18(5)C Workers’ Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 1-07.18(5)D Pollution Liability The Contractor shall provide a Contractors Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims, 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 45 2025 arising out of any one or more of the following: 1. Contractor’s operations related to this project. 2. Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos. 3. Transportation of hazardous materials away from any site related to this project. All entities listed under 1-07.18(2) of these Special Provisions shall be named by endorsement as additional insureds on the Contractors Pollution Liability insurance policy. Such Pollution Liability policy shall provide the following minimum limits: $1,000,000 each loss and annual aggregate 1-07.22 Use of Explosives (Feb 3, 2025, Renton GSP) Section 1-07.22 is supplemented by the following: Explosives shall not be used without specific authority of the Engineer, and then only under such restrictions as may be required by the proper authorities. The individual in charge of the blasting shall have a current Washington State Blaster Users License. The Contractor shall obtain, comply with, and pay for such permits and costs as are necessary in conjunction with blasting operations. 1-07.23 Public Convenience and Safety 1-07.23(1) Construction Under Traffic (Feb 3, 2025, Renton GSP) Section 1-07.23(1) is supplemented by adding the following: The Contractor shall be responsible for controlling dust and mud within the project limits and on any street, which is utilized by his equipment for the duration of the project. The Contractor shall be prepared to use watering trucks, power sweepers, and other pieces of equipment as deemed necessary by the Engineer, to avoid creating a nuisance. Dust and mud control shall be considered as incidental to the project and no compensation will be made for this section. Complaints of dust, mud, or unsafe practices and/or property damage to private ownership will be transmitted to the Contractor and prompt action in correcting them will be required by the Contractor. The Contractor shall maintain the roads during construction in a suitable condition to minimize affects to vehicular and pedestrian traffic. All cost to maintain the roads shall be borne by the Contractor. At least one lane of one-way traffic shall be maintained on all streets within the project limits during working hours except at specific locations noted in the plans or special provisions. One lane shall 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 46 2025 be provided in each direction for all streets during non-working hours except at specific locations noted in the plans or special provisions. The Contractor shall provide one drivable roadway lane and maintain convenient access for local and commuter traffic to driveways, businesses, and buildings along the line of Work throughout the course of the project. Such access shall be maintained as near as possible to that which existed prior to the commencement of construction. This restriction shall not apply to the paving portion of the construction process. The Contractor shall notify and coordinate with all property owners and tenants of street closures, or other restrictions which may interfere with their access at least 24 hours in advance for single- family residential property, and at least 48 hours in advance for apartments, offices, and commercial property. The Contractor shall give a copy of all notices to the Engineer. When the abutting owners’ access across the right-of-way line is to be eliminated and replaced under the Contract by other access, the existing access shall not be closed until the replacement access facility is available. All unattended excavations shall be properly barricaded and covered at all times. The Contractor shall not open any trenches that cannot be completed and refilled that same day. Trenches shall be patched or covered by a temporary steel plate, at the Contractor’s expense, except in areas where the roadway remains closed to public traffic. Steel plates must be anchored. 1-07.24 Rights-of-Way (July 23, 2015 APWA GSP) Delete this section and replace it with the following: Street Right of Way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor’s construction activities shall be confined within these limits, unless arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor’s attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public Right of Way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. The Contractor shall not proceed with any portion of the work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry has been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry or right of way, the Contractor will be entitled to an extension 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 47 2025 of time. The Contractor agrees that such delay shall not be a breach of contract. Each property owner shall be given 48 hours notice prior to entry by the Contractor. This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability to the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address, and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 48 2025 1-08 PROSECUTION AND PROGRESS 1-08.0 Preliminary Matters (Feb 3, 2025, Renton GSP ) Section 1-08.0 is a new section with subsection: 1-08.0(1) Preconstruction Conference Section 1-08.0(1) is a new subsection: The Engineer will furnish the Contractor with copies of the Contract Documents per Section 1-02.2 “Plans and Specifications”. Additional documents may be furnished upon request at the cost of reproduction. Prior to undertaking each part of the Work the Contractor shall carefully study and compare the Contract Documents, and check and verify pertinent figures shown therein and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error, or discrepancy, which the Contractor may discover. After the Contract has been executed, but prior to the Contractor beginning the Work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The Contractor shall prepare and submit at the preconstruction meeting: • Contractor's plan of operation and progress schedule (3+ copies) • Approval of qualified subcontractors (bring list of subcontractors if different from list submitted with bid) • List of materials fabricated or manufactured off the project • Material sources on the project • Names of principal suppliers • Detailed equipment list, including “Rental Rate Blue Book” hourly costs (both working and standby rates) • Weighted wage rates for all employee classifications anticipated to be used on Project • Cost percentage breakdown for lump sum bid item(s) • Shop Drawings (bring preliminary list) • Traffic Control Plans (3+ copies) • Temporary Water Pollution/Erosion Control Plan • Other plans as required and described in the Mobilization Bid Item description In addition, the Contractor shall be prepared to address: • Bonds and insurance • Project meetings – schedule and responsibilities • Provision for inspection for materials from outside sources • Responsibility for locating utilities • Responsibility for damage • Time schedule for relocations, if by other than the Contractor • Compliance with Contract Documents • Acceptance and approval of Work 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 49 2025 • Labor compliance, payrolls, and certifications • Safety regulations for the Contractors’ and the Owner's employees and representatives • Suspension of Work, time extensions • Change order procedures • Progress estimates, procedures for payment • Special requirements of funding agencies • Construction engineering, advance notice of special Work • Any interpretation of the Contract Documents requested by the Contractor • Any conflicts or omissions in Contract Documents • Any other problems or questions concerning the Work • Processing and administration of public complaints • Easements and rights-of-entry • Other contracts The franchise utilities may be present at the preconstruction conference, and the Contractor should be prepared for their review and discussion of progress schedule and coordination. 1-08.0(2) Hours of Work Section 1-08.0(2) is a new subsection: Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 6:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day Work week. The normal straight time 8-hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the Work. If the Contractor desires to perform Work before 7:00 a.m. or after 6:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to Work such times. Permission to Work longer than an 8-hour period between 7:00 a.m. and 6:00 p.m. is required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to Work. The Contractor shall submit a Night Work and Noise Mitigation Plan for approval to work between the hours of 10:00 p.m. and 7:00 a.m. detailing the extent and need for night work, the equipment which will be used, including noise levels, and measures for reducing the impact of noise. Approval to work during these hours is subject to the Engineer’s discretion and may be revoked at any time the Contractor exceeds the Contracting Agency’s noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor’s operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to Work nights, Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or the Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the Work; requiring the Contractor to reimburse the Contracting Agency for the cost of engineering salaries paid Contracting Agency employees who worked during such times; considering the Work performed on Saturdays, Sundays, and holidays as working days with regards 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 50 2025 to the Contract Time; and considering multiple Work shifts as multiple working days with respect to Contract Time even though the multiple shifts occur in a single 24-hour period. Assistants may include, but are not limited to, survey crews; personnel from the material testing labs; inspectors; and other Contracting Agency employees when in the opinion of the Engineer such Work necessitates their presence. Section 1-08.0(2) is supplemented with the following: (Sediment Basin Cleaning PSP ) Machinery shall not be started before 7 am on any day. 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees Section 1-08.0(3) is a new subsection: Where the Contractor elects to Work on a Saturday, Sunday, holiday, or longer than an 8-hour Work shift on a regular working day, as defined in the Standard Specifications, such Work shall be considered as overtime Work. On all such overtime Work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. The Contractor shall reimburse the Contracting Agency for the full amount of the straight time plus overtime costs for employees and representative(s) of the Contracting Agency required to work overtime hours. The Contractor by these Specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due the Contractor. 1-08.1 Subcontracting (Feb 3, 2025, Renton GSP) Section 1-08.1 is supplemented as follows: Written requests for change in subcontractors shall be submitted by the Contractor to the Engineer at least 7 calendar days prior to start of a subcontractor's Work. The Contractor agrees that he/she is fully responsible to the Owner for the acts and omissions of all subcontractors and lower-tier subcontractors, and persons either directly or indirectly employed by the subcontractors, as well as for the acts and omissions of persons directly employed by the Contractor. The Contractor shall be required to give personal attention to the Work that is sublet. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. The Contractor shall be responsible for making sure all subcontractors submit all required documentation, forms, etc. 1-08.3 Progress Schedule (Feb 3, 2025, Renton GSP) Delete this section and replace it with the following: 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 51 2025 The progress schedule for the entire project shall be submitted 7 calendar days prior to the Preconstruction Conference. The schedule shall be prepared using the critical path method (CPM), preferably using Microsoft Project or equivalent software. The schedule shall contain this information, at a minimum: 1. Construction activities, in sufficient detail that all activities necessary to construct a complete and functional project are considered. Any activity that has a scheduled duration exceeding 30 calendar days shall be subdivided until no sub -element has a duration exceeding 30 calendar days. 2. The schedule shall clearly indicate the activities that comprise the critical path. For each activity not on the critical path, the schedule shall show the float, or slack, time. 3. Procurement of material and equipment. 4. Submittals requiring review by the Engineer. Submittal by the Contractor and review by the Engineer shall be shown as separate activities. 5. Work to be performed by a subcontractor, agent, or any third party. 6. Allowances for delays that could result from normal inclement weather (time extensions due to inclement weather will not be allowed). 7. Allowances for the time required by utilities (Owner’s and others) to locate, monitor, and adjust their facilities as required. The Engineer may request the Contractor to alter the progress schedule when deemed necessary in the opinion of the Engineer, in the interest of public safety and welfare of the Owner, or for coordination with any other activity of other contractors, the availability of all or portions of the job site, or special provisions of this Contract, or to reasonably meet the completion date of the project. The Contractor shall provide such revised schedule within 10 days of request. If, at any time, in the opinion of the Engineer, the progress of construction falls significantly behind schedule, the Contractor may be required to submit a plan for regaining progress and a revised schedule indicating how the remaining Work items will be completed within the authorized contract time. The Contractor shall promptly report to the Engineer any conditions that the Contractor feels will require revision of the schedule and shall promptly submit proposed revisions in the progress schedule for acceptance by the Engineer. When such changes are accepted by the Engineer, the revised schedule shall be followed by the Contractor. Weekly Schedule. The Contractor shall submit a weekly progress schedule to the Engineer which sets forth specific Work to be performed the following week, and a tentative schedule for the second week. Failure to Maintain Progress Schedule. The Engineer will check actual progress of the Work against the progress schedule a minimum of two times per month. Failure, without just cause, to maintain progress in accordance with the approved schedule shall constitute a breach of Contract. If, through no fault of the Contractor, the proposed construction schedule cannot be met, the Engineer will require the Contractor to submit a revised schedule to the Engineer for acceptance. The approved revisions will thereafter, in all respects, apply in lieu of the original schedule. Failure of the Contractor to follow the progress schedule submitted and accepted, including revisions thereof, shall relieve the Owner of any and all responsibility for furnishing and making 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 52 2025 available all or any portion of the job site, and will relieve the Owner of any responsibility for delays to the Contractor in the performance of the Work. The cost of preparing the progress schedule, any supplementary progress schedules, and weekly schedules shall be considered incidental to the Contract and no other compensation shall be made. 1-08.4 Notice to Proceed and Prosecution of the Work (July 23, 2015 APWA GSP) Section 1-08.4 is replaced with the following: Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1 (2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of the high visibility fencing, as described in the Contract. 1-08.5 Time for Completion (Feb 3, 2025, Renton GSP) The first five paragraphs of Section 1-08.5 are deleted and replaced with the following: The Work shall be physically completed in its entirety within the time specified in the Contract Documents or as extended by the Engineer. The Contract Time will be stated in “working days”, shall begin on the Notice To Proceed date, or the date identified in the Notice to Proceed as “the first working day”, and shall end on the Contract Completion date. A non-working day is defined as a Saturday, a Sunday, a day on which the Contract specifically suspends Work, or one of these holidays: January 1, third Monday of January, Memorial Day, Juneteenth, July 4, Labor Day, November 11, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. The day before Christmas shall be a holiday when Christmas Day occurs on a Tuesday, Wednesday, or Friday. The day after Christmas shall be a holiday when Chr istmas Day occurs on a Monday or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas day occurs on a Sunday, the two working days following shall be observed as holidays. When holidays other than Christmas fall on a Saturday, the preceding Friday will be counted as a non-working day and when they fall on a Sunday the following Monday will be counted as a non-working day. The Contract Time has been 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 53 2025 established to allow for periods of normal inclement weather that, from historical records, is to be expected during the Contract Time, and during which periods, Work is anticipated to be performed. Each successive working day, beginning with the Notice to Proceed date and ending with the Physical Completion date, shall be charged to the Contract Time as it occurs except a day, or part of a day, which is designated a non-working day or an Engineer determined unworkable day. The Engineer will furnish the Contractor a weekly report showing (1) the number of working days charged against the Contract Time for the preceding week; (2) the Contract Time in working days; (3) the number of working days remaining in the Contract Time; (4) the number of non-working days; and (5) any partial or whole days the Engineer declared unworkable the previous week. This weekly report will be correlated with the Contractor’s current approved progress schedule. If the Contractor elects to work 10 hours a day and 4 days a week (a 4-10 schedule), and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day, then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. The Contractor will be allowed 10 calendar days from the date of each report in which to file a written protest of an alleged discrepancy in the Contract Time as reported. Otherwise, the report will be deemed to have been accepted by the Contractor as correct. The requirements for scheduling the Final Inspection and establishing the Substantial Completion, Physical Completion, and Completion Dates are specified in Sections 1-05.11 and 1-05.12. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor’s obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (per Section 1-07.9(5)). b. Material Acceptance Certification Documents c. Monthly Reports in DMCS of the amounts paid including the final payment confirmation to all firms required by Section 1-08.1(7)A if applicable d. Final Contract Voucher Certification e. Copies of the approved “Affidavit of Prevailing Wages Paid” for the Contractor and all subcontractors f. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16). g. Property owner releases per Section 1-07.24 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 54 2025 Section 1-08.5 is supplemented as follows: Within 10 calendar days after execution of the Contract by the Contracting Agency, the Contractor shall provide the Contracting Agency with copies of purchase orders for all equipment items deemed critical by the Contracting Agency, including but not limited to signal controller materials, lighting standards, and signal standards required for the physical completion of the Contract. Such purchase orders shall disclose the estimated delivery dates for the equipment. All items of Work that can be performed without delivery of the critical items shall start and be completed as soon as possible. At that time, the Engineer may suspend the Work upon request of the Contractor until the critical items are delivered to the Contractor, if the Contracting Agency received a purchase order within 10 calendar days after execution of the Contract by the Contracting Agency. The Contractor will be entitled to only one such suspension of time during the performance of the Work and during such suspension shall not perform any additional Work on the project. Upon delivery of the critical items, contract time will resume and continue to be charged in accordance with Section 1-08. Section 1-08.5 is supplemented as follows: (Sediment Basin Cleaning PSP) All work below the ordinary high-water line must occur between July 1 and August 31 of each year in accordance with the project HPAs and NWPs. 1-08.9 Liquidated Damages (March 3, 2021 APWA GSP) Revise the second and third paragraphs to read: Accordingly, the Contractor agrees: 1. To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for Physical Completion, and 2. To Authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. Liquidated Damages Formula LD=0.15C/T Where: LD = liquidated damages per working day (rounded to the nearest dollar) C = original Contract amount T = original time for Physical Completion 1-08 PROSECUTION AND PROGRESS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 55 2025 When the Contract work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine the Contract Work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request completing the physical Work on the Contract. 1-08.11 Contractor's Plant and Equipment (Feb 3, 2025, Renton GSP) Section 1-08.11 is a new Section: The Contractor alone shall at all times be responsible for the adequacy, efficiency, and sufficiency of his and his subcontractor's plant and equipment. The Owner shall have the right to make use of the Contractor's plant and equipment in the performance of any Work on the site of the Work. The use by the Owner of such plant and equipment shall be considered as extra Work and paid for accordingly. Neither the Owner nor the Engineer assumes any responsibility, at any time, for the security of the site from the time the Contractor's operations have commenced until final acceptance of the Work by the Engineer and the Owner. The Contractor shall employ such measures as additional fencing, barricades, and watchmen service, as he deems necessary for the public safety and for the protection of the site and his plant and equipment. The Owner will be provided keys for all fenced, secured areas. 1-08.12 Attention to Work (Feb 3, 2025, Renton GSP) Section 1-08.12 is a new section: The Contractor shall give his personal attention to and shall supervise the Work to the end that it shall be prosecuted faithfully, and when he is not personally present on the Work site, he shall at all times be represented by a competent superintendent who shall have full authority to execute the same, and to supply materials, tools, and labor without delay, and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 56 2025 1-09 MEASUREMENT AND PAYMENT 1-09.1 Measurement of Quantities (Feb 3, 2025, Renton GSP) Section 1-09.1 is supplemented by adding the following: Lump Sum. The percentage of lump sum Work completed, and payment will be based on the cost percentage breakdown of the lump sum bid price(s) submitted at the preconstruction conference. The Contractor shall submit a breakdown of costs for each lump sum bid item. The breakdown shall list the items included in the lump sum together with a unit price of labor, materials, and equipment for each item. The summation of the detailed unit prices for each item shall add up to the lump sum bid. The unit price values may be used as a guideline for determining progress payments or deductions or additions in payment for ordered Work changes. Cubic Yard Quantities. The Contractor shall provide truck trip tickets for progress payments only in the following manner. Where items are specified to be paid by the cubic yard, the following tally system shall be used. All trucks to be employed on this Work will be measured to determine the volume of each truck. Each truck shall be clearly numbered, to the satisfaction of the Engineer, and there shall be no duplication of numbers. Duplicate tally tickets shall be prepared to accompany each truckload of material delivered on the project. All tickets received that do not contain the following information will not be processed for payment: 1. Truck number 2. Quantity and type of material delivered in cubic yards 3. Drivers name, date, and time of delivery 4. Location of delivery, by street and stationing on each street 5. Place for the Engineer to acknowledge receipt 6. Pay item number 7. Contract number and/or name It will be the Contractor's responsibility to see that a ticket is given to the Engineer on the project for each truckload of material delivered. Pay quantities will be prepared on the basis of said tally tickets. Loads will be checked by the Engineer to verify quantity shown on ticket. Quantities by Ton. It will be the Contractor's responsibility to see that a certified weight ticket is given to the Inspector on the project at the time of delivery of materials for each truckload delivered. Pay quantities will be prepared on the basis of said tally tickets, delivered to Inspector at time of delivery of materials. Tickets not receipted by Inspector will not be honored for payment. Each truck shall be clearly numbered to the satisfaction of the Engineer and there shall be no duplication of numbers. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 57 2025 Duplicate tickets shall be prepared to accompany each truckload of material delivered to the project. All tickets received that do not contain the following information will not be processed for payment: 1. Truck number 2. Truck tare weight (stamped at source) 3. Gross truckload weight in tons (stamped at source) 4. Net load weight (stamped at source) 5. Driver's name, date, and time of delivery 6. Location for delivery by street and stationing on each street 7. Place for the Engineer to acknowledge receipt 8. Pay item number 9. Contract number and/or name 1-09.3 Scope of Payment (Feb 3, 2025, Renton GSP) Section 1-09.3 is supplemented by adding the following: The bid items listed in Section 1-09.14 will be the only items for which compensation will be made for the Work described in each section of the Standard Specifications when the Contractor performs the specified Work. Should a bid item be listed in a “Payment” clause but not in the Proposal Form, and Work for that item is performed by the Contractor and the Work is not stated as included in or incidental to a pay item in the Contract and is not Work that would be required to complete the intent of the Contract per Section 1-04.1, then payment for that Work will be made as for Extra Work pursuant to a Change Order. The words “Bid Item,” “Contract Item,” and “Pay Item,” and similar terms used throughout the Contract Documents are synonymous. If the “payment” clause in the Specifications relating to any unit bid item price in the Proposal Form requires that said unit bid item price cover and be considered compensation for certain Work or material essential to the item, then the Work or material will not be measured or paid for under any other unit bid item which may appear elsewhere in the Proposal Form or Specifications. Pluralized unit bid items appearing in these Specifications are changed to singular form. Payment for bid items listed or referenced in the “Payment” clause of any particular section of the Specifications shall be considered as including all of the Work required, specified, or described in that particular section. Payment items will generally be listed generically in the Specifications, and specifically in the bid form. When items are to be “furnished” under one payment item and “installed” under another payment item, such items shall be furnished FOB project site, or, if specified in the Special Provisions, delivered to a designated site. Materials to be “furnished,” or “furnished and installed” under these conditions, shall be the responsibility of the Contractor with regard to storage until such items are incorporated into the Work or, if such items are not to be incorporated into the Work, delivered to the applicable Contracting Agency storage site when provided for in the Specifications. Payment for material “furnished,” but not yet incorporated into the Work, may be made on monthly estimates to the extent allowed. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 58 2025 1-09.6 Force Account (December 30, 2022 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by the Engineer. 1-09.7 Mobilization (Feb 3, 2025, Renton GSP) Section 1-09.7 is supplemented as follows: Mobilization shall also include, but not be limited to, the following items: the movement of Contractor's personnel, equipment, supplies, and incidentals to the project site; the establishment of an office, buildings, and other facilities necessary for Work on the project; providing sanitary facilities for the Contractor's personnel; and obtaining permits or licenses required to complete the project not furnished by the Owner. Payment will be made for the following bid item(s): “Mobilization & Demobilization,” Lump Sum. 1-09.9 Payments (Feb 3, 2025, Renton GSP) Delete the fourth paragraph and replace it with the following: Progress payments for completed Work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction meeting. The initial progress estimate will be made not later than 30 days after the Contractor commences the Work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the Work are tentative and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form – the approximate quantity of acceptable units of Work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form – the estimated percentage complete multiplied by the Bid Forms amount for each lump sum item, or per the schedule of values for that item. 3. Materials on Hand – 100 percent of invoiced cost of material delivered to job site or other 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 59 2025 storage area approved by the Engineer. 4. Change Orders – entitlement for approved extra cost or completed extra Work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(1); 2. The amount of Progress Payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for Work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any Work has been satisfactorily completed. Payments will be made by check or electronic transfer, issued by the Contracting Agency’s fiscal officer, against the appropriate fund source for the project. Payments received on account of Work performed by a subcontractor are subject to the provisions of RCW 39.04.250. Section 1-09.9 is supplemented as follows: Applications for payment shall be itemized and supported to the extent required by the Engineer by receipts or other vouchers showing payment for materials and labor, payments to subcontractors, and other such evidence of the Contractor's right to payment as the Engineer may direct, including “red line” as-built drawings showing work installed by the contractor during the progress payment period. The Contractor shall submit a progress report with each monthly request for a progress payment. The progress report shall indicate the estimated percent complete for each activity listed on the progress schedule (see Section 1-08.3) and a revised and updated schedule to reflect the most current project completion date. 1-09.9(1) Retainage (Feb 3, 2025, Renton GSP) Section 1-09.9(1) is supplemented as follows: The retained amount shall be released as stated in the Standard Specifications if no claims have been filed against such funds as provided by law, and if the Owner has no unsatisfied claims against the Contractor. In the event claims are filed, the Owner shall withhold, until such claims are satisfied, a sum sufficient to satisfy all claims and to pay attorney's fees. In addition, the Owner shall withhold such amount as is required to satisfy any claims by the Owner against the Contractor, until such claims have been finally settled. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if requested, delivers to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as the Contractor has knowledge or information, the release and receipts include all labor and materials for which a lien could be filed: but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactorily to the Engineer to indemnify the 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 60 2025 Owner against the lien. If any lien remains unsatisfied after all payments are made, the Contractor shall reimburse to the Owner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable engineer's and attorney's fees. 1-09.9(2) Contracting Agency’s Right to Withhold and Disburse Certain Amounts (Feb 3, 2025, Renton GSP) Section 1-09.9(2) is a new section: In addition to monies retained pursuant to RCW 60.28 and subject to RCW 39.04.250, RCW 39.12 and RCW 39.76, the Contractor authorizes the Engineer to withhold progress payments due or deduct an amount from any payment or payments due the Contractor which, in the Engineer’s opinion, may be necessary to cover the Contracting Agency’s costs for or to remedy the following situations: 1. Damage to another contractor when there is evidence thereof and a claim has been filed. 2. Where the Contractor has not paid fees or charges to public authorities of municipalities, which the Contractor is obligated to pay. 3. Utilizing material tested and inspected by the Engineer, for purposes not connected with the Work (Section 1-05.6). 4. Landscape damage assessments per Section 1-07.16. 5. For overtime Work performed by City personnel per Section 1-08.0(3). 6. Anticipated or actual failure of the Contractor to complete the Work on time: a. Per Section 1-08.9 Liquidated Damages; or b. Lack of construction progress based upon the Engineer’s review of the Contractor’s approved progress schedule, which indicates the Work will not be complete within the contract time. When calculating an anticipated time overrun, the Engineer will make allowances for weather delays, approved unavoidable delays, and suspensions of the Work. The amount withheld under this subparagraph will be based upon the liquidated damages amount per day set forth in Contract Documents multiplied by the number of days the Contractor’s approved progress schedule, in the opinion of the Engineer, indicates the Contract may exceed the Contract Time. 7. Failure of the Contractor to perform any of the Contractor’s other obligations under the Contract, including but not limited to: a. Failure of the Contractor to provide the Engineer with a field office when required by the Contract Provisions. b. Failure of the Contractor to protect survey stakes, markers, etc., or to provide adequate survey Work as required by Section 1-05.4. c. Failure of the Contractor to correct defective or unauthorized Work (Section 1-05.7). d. Failure of the Contractor to furnish a Manufacturer’s Certificate of Compliance in lieu of material testing and inspection as required by Section 1-06.3. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 61 2025 e. Failure to submit weekly payrolls, Intent to Pay Prevailing Wage forms, or correct underpayment to employees of the Contractor or subcontractor of any tier as required by Section 1-07.9. f. Failure of the Contractor to pay worker’s benefits (Title 50 and Title 51 RCW) as required by Section 1-07.10. g. Failure of the Contractor to submit and obtain approval of a progress schedule per Section 1-08.3. The Contractor authorizes the Engineer to act as agent for the Contractor disbursing such funds as have been withheld pursuant to this Section to a party or parties who are entitled to payment. Disbursement of such funds, if the Engineer elects to do so will be made only after giving the Contractor 15 calendar days prior written notice of the Contracting Agency’s intent to do so, and if prior to the expiration of the 15-calendar day period, 1. No legal action has commenced to resolve the validity of the claims, and 2. The Contractor has not protested such disbursement. A proper accounting of all funds disbursed on behalf of the Contractor in accordance with this Section will be made. A payment made pursuant to this section shall be considered as payment made under the terms and conditions of the Contract. The Contracting Agency shall not be liable to the Contractor for such payment made in good faith. 1-09.9(3) Final Payment (Feb 3, 2025, Renton GSP) Section 1-09.9(2) is a new section: Upon Acceptance of the Work by the Contracting Agency, the final amount to be paid the Contactor will be calculated based upon a Final Progress Estimate made by the Engineer. Acceptance by the Contractor of the final payment shall be and shall operate as a release: 1. To the Contracting Agency of all claims and all liabilities of the Contractor, other than claims in stated amounts as may be specifically accepted in writing by the Contractor; 2. For all things done or furnished in connection with the Work; 3. For every act and neglect by the Contracting Agency; and 4. For all other claims and liability relating to or arising out of the Work. A payment (monthly, final, retainage, or otherwise) shall not release the Contractor or the Contractor’s Surety from any obligation required under the terms of the Contract Documents or the Contract Bond; nor shall such payment constitute a waiver of the Contracting Agency’s ability to investigate and act upon findings of non-compliance with the WMBE requirements of the Contract; nor shall such payment preclude the Contracting Agency from recovering damages, setting penalties, or obtaining such other remedies as may be permitted by law. Before the Work will be accepted by the Contracting Agency, the Contractor shall submit an affidavit, on the form provided by the Engineer, of amounts paid to certified disadvantaged (DB), minority (MBE) or women business enterprises (WBE) participating in the Work. Such affidavit shall certify the amounts paid to the DB, MBE or WBE subcontractors regardless of tier. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 62 2025 On federally funded projects the Contractor may also be required to execute and furnish the Contracting Agency an affidavit certifying that the Contractor has not extended any loans, gratuity or gift and money pursuant to Section 1-07.19 of these Specifications. If the Contractor fails, refuses, or is unable to sign and return the Final Progress Estimate or any other documents required for the final acceptance of the Contract, the Contracting Agency reserves the right to establish a completion date and unilaterally accept the Contract. Unilateral acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending unilateral acceptance will be provided by certified letter from the Engineer to the Contractor that will provide 30 calendar days for the Contractor to submit the necessary documents. The 30-calendar day deadline shall begin on the date of the postmark of the certified letter from the Engineer requesting the necessary documents. This reservation by the Contracting Agency to unilaterally accept the Contract will apply to contracts that are completed in accordance with Section 1-08.5 for contracts that are terminated in accordance with Section 1-08.10. Unilateral acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of the provisions under contract or of the responsibility to comply with all laws, ordinances, and federal, state, and local regulations that affect the Contract. The date the Contracting Agency unilaterally signs the Final Progress Estimate constitutes the final acceptance date (Section 1-05.12). 1-09.11 Disputes and Claims 1-09.11(3) Time Limitations and Jurisdiction (December 30, 2022 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that all claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1- 05.12) of the Contract by the Contracting Agency; and it is further agreed that all such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.050 shall control venue and jurisdiction. The parties understand and agree that the Contractor’s failure to bring suit within the time period provided, shall be a complete bar to all such claims or causes of action. It is further mutually agreed by the parties that when claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to all records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. 1-09.13 Claims and Resolutions 1-09.13(1)A General (December 30, 2022 APWA GSP) Revise this section to read: 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 63 2025 Prior to seeking claims resolution through arbitration or litigation, the Contractor shall proceed in accordance with Sections 1-04.5 and 1-09.11. The provisions of Sections 1-04.5 and 1-09.11 must be complied with in full as a condition precedent to the Contractor’s right to seek claim resolution through binding arbitration or litigation. Any claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be resolved, as prescribed herein, through binding arbitration or litigation. The Contractor and the Contracting Agency mutually agree that those claims or causes of action which total $1,000,000 or less, which are not resolved by mediation, shall be resolved through litigation unless the parties mutually agree in writing to resolve the claim through binding arbitration. The Contractor and the Contracting Agency mutually agree that those claims or causes of action in excess of $1,000,000, which are not resolved by mediation, shall be resolved through litigation unless the parties mutually agree in writing to resolve the claim through binding arbitration. 1-09.13(3) Claims $250,000 or Less (Feb 3, 2025, Renton GSP) Delete this Section and replace it with the following: The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less, submitted in accordance with Section 1-09.11 and not resolved by nonbonding ADR processes, shall be resolved through litigation, unless the parties mutually agree in writing to resolve the claim through binding arbitration. 1-09.13(3)A Arbitration General (January 19, 2022 APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency’s headquarters is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.050 shall control venue and jurisdiction of the Superior Court. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(3)B Procedures to Initiate Arbitration (Feb 3, 2025, Renton GSP) Section 1-09.13(3)B is supplemented by adding: The findings and decision of the board of arbitrators shall be final and binding on the parties, unless the aggrieved party, within 10 days, challenges the findings and decision by serving and filing a petition for review by the superior court of King County, Washington. The grounds for the petition for review are limited to showing that the findings and decision: 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 64 2025 1. Are not responsive to the questions submitted; 2. Is contrary to the terms of the contract or any component thereof; 3. Is arbitrary and/or is not based upon the applicable facts and the law controlling the issues submitted to arbitration. The board of arbitrators shall support its decision by setting forth in writing their findings and conclusions based on the evidence adduced at any such hearing. The arbitration shall be conducted in accordance with the statutes of the State of Washington and court decisions governing such procedure. The costs of such arbitration shall be borne equally by the City and the Contractor unless it is the board's majority opinion that the Contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter case, all costs shall be borne by the Contractor. 1-09.14 Payment Schedule (Sediment Basin Cleaning PSP) Section 1-09.14 is a new section with subsections: GENERAL 1-09.14(1) Scope A. Payment for the various items of the bid sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedules, and all costs therefore shall be included in the prices named in the Bid Schedules for the various appurtenant items of Work described in these Special Provisions and shown on the Plans. B. The Contracting Agency shall not pay for material quantities, which exceed the actual measured amount used and approved by the Engineer. C. It is the intention of these Specifications that the performance of all Work under the bid for each item shall result in the complete construction, in an accepted operating condition, of each item. Work and material not specifically listed in the proposal but required in the Plans, Specifications, and general construction practice, shall be included in the bid price. No separate payment will be made for these incidental items. 1-09.14(2) Bid Items This section describes the bid items. Measurement and Payment, where described in a bid item, shall supersede Measurement and Payment listed in other sections of the Special Provisions and Standard Specifications. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 65 2025 Maplewood Creek Sediment Basin Bid Items 1-09.14(2)A Mobilization & Demobilization (Bid Item A-1 and C-1) – Lump Sum Measurement for “Mobilization & Demobilization” will be lump sum. The lump sum price shown will cover the complete cost of furnishing and installing, complete and in-place all Work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, obtain all necessary permits and licenses, prepare the site for construction operations, and maintain the site and surrounding areas during construction, provide protection of existing utilities, provide component and system testing, final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. Any spilled material on the golf course, cart paths, next to the creek, and in any other areas shall be removed. The parking lot, access road, and cart paths shall be swept, and all debris removed at the end of the project. Contractor use of the parking lot south of the sediment basin is limited to the area shown on the plans. The adjacent areas may be used for golf course parking. The Contractor shall avoid inconveniencing patrons and vehicles using those areas. The Contractor is responsible for any damage and injury to private vehicles, property, and persons per Standard Specifications Section 1- 07.14. Golf course customers and grounds workers use the two bridges across Maplewood Creek, north of the flow splitter structure, to reach the parking area and to travel between fairways. They also use the cart paths west of the creek. The Contractor shall give golf course users right-of-way on the bridge and cart paths when working on the project site. The Contractor shall not block the cart paths when working on the project site. Work Day Restrictions - 2025 Work restrictions are listed below. • July 1 - August 31 – HPA limit on work below OHWL • July 4 – Holiday. No work on entire project • Sept. 1 – Holiday. No work on entire project. • No work on weekends without City approval • Work on Maplewood Creek downstream of the sediment basin is subject to additional work restrictions on Golf Course Event Days, typically 2-3 days between July 1 and August 31. Dates to be determined, City to provide dates for 2025 Golf Course Event Days at 2025 preconstruction meeting. Work Day Restrictions - 2026 Work restrictions are listed below. • July 1 - August 31 – HPA limit on work below OHWL • July 4 – Holiday. No work on entire project • Sept. 7 – Holiday. No work on entire project. • No work on weekends without City approval • Work on Maplewood Creek downstream of the sediment basin is subject to additional work restrictions on Golf Course Event Days, typically 2-3 days between July 1 and August 31. Dates 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 66 2025 to be determined, City to provide dates for 2026 Golf Course Event Days at 2026 preconstruction meeting. The Contractor is responsible for complying with the HPA permit, the Army Corps of Engineers Permits that are issued, and all other permits, per Special Provisions section 1-07.6. and shall plan the work such that all work below the ordinary high water line is completed between July 1 and August 31 in each year to comply with the HPA permit. The Contractor shall prepare a Work Plan that shall include the following: A. Progress Schedule in accordance with Special Provisions section 1-08.3 B. Mobilization Plan showing the proposed location for storage of all equipment and materials. Storage shall not interfere with use of the City ROW and commercial and residential access. For any proposed storage on private property outside the easement or work area, the Contractor shall obtain a Temporary Use Permit for storage areas on private property. The Contractor shall be responsible for all fees, applications, and work needed to obtain the permit. The Contractor shall allow 3 to 4 weeks to obtain the Temporary Use Permit from the City. C. Traffic Control Plan, including provisions for cleaning and sweeping of any impacted roadways. The Work Plan shall be submitted to the City for review and approval within 10 days of the contract award. Payment for “Mobilization & Demobilization” will be made at the lump sum amount bid (NOT to exceed 80% of bid price prior to completion of construction) based on the percent of completed Work as defined in the 2024 Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT) for mobilization. Payment for the remaining 20% shall be included in the final pay estimate in each year issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Such payment will be complete compensation for all mobilization of employees, equipment and materials, Mobilization Plan, Work Plan, preparation of all necessary submittals, bonds, insurance, site improvements, permits, clean-up, safety plan, and other plans/submittals not specifically covered in bid items, etc. all in conformance with the Contract Documents. This bid item may not be more than ten percent (10%) of the total amount of Bid for the schedule. 1-09.14(2)B Construction Surveying, Staking, and As-built Drawings (Bid Item A-2 & C- 2) – Lump Sum Measurement for “Construction Surveying, Staking and As-builts” will be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. Surveying shall be per Special Provisions Section 1-05.4 and the City of Renton Surveying Standards in Special Provisions Section 1-11 under the direct supervision of a professional land surveyor (PLS) licensed by the State of Washington. All work shall be located per the City of Renton Survey Control Network. The known points of the concrete structures in the sediment basin surveyed for the original sediment basin construction may be used as reference benchmarks for the survey. The surveyor 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 67 2025 shall use at least two locations on different structures to confirm the reference coordinates and elevations. The construction survey shall locate and stake the toe, corners, sides, and other significant locations of the sediment basin and creek above the sediment basin to help guide the sediment removal. Offset stakes shall be provided as needed. After the sediment basin has been cleaned the surveyor shall locate the toe, corners, sides and other significant locations of the basin and creek to document the cleaning. The surveyor shall provide the as-built survey information for the bottom and sides of the basin to the City to confirm that that the basin has been cleaned per plan before the basin is allowed to be refilled. The surveyor shall provide the City with a set of redline drawings with the as -built locations and elevations of all points surveyed bearing the surveyors PLS seal and signature certifying its accuracy. A copy of the as-built AutoCAD drawing shall be submitted to the City. The surveyor shall also provide a list of all points measured including the point description, coordinates, and elevation. Payment shall be made per lump sum bid amount and considered complete compensation for all labor, materials, equipment, travel, surveying needed to construct the improvements to the line and grade as shown on the plans, to provide the required construction and as-constructed field (as- built information) notes and drawings, etc. required to complete this item of work in conformance with the Contract Documents. Payment for “Construction Surveying, Staking and As-builts” will be made at the lump sum amount bid and may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. No more than 70% of the bid amount for this item shall be paid prior to the review and acceptance of the final as -built information and submittals by the Engineer. 1-09.14(2)C Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin (Bid Item A-3, C-3) –– Lump Sum Measurement for “Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin” shall be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. This item includes all work needed for construction of temporary bypass dam and second dam, diversion of the creek from the work areas, draining the sediment basin, coordination with fish rescue, and coordination with adjacent private property owner regarding water supply to a private fish pond. See the description and photos of 1999 cleaning for an example of the work and techniques needed. During all work at least 3/4 of the flow shall be kept moving downstream at all times so the creek is not dewatered and fish life is not adversely affected while work is occurring. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 68 2025 Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the 18-inch bypass inlet. The bypass dam will divert the entire flow from the creek into the 18 -inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe plus 3 inches. Materials to be used for the bypass dam shall include, but be not limited to concrete blocks, media bags, sandbags, and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. A second dam, plastic sheeting, portable sump pump downstream of the bypass dam shall be installed and used to collect any water running under the bypass dam and redirect it back into the bypass pipe. Pumping shall be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam is completed early in the morning (approx. 10:00 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. Drain Sediment Basin After the bypass dam is installed and the creek is diverted, the sediment basin shall be drained using the 8-inch valves in the concrete structures. Before draining starts the Contractor will place plastic sheeting anchored by sandbags on the bottom of th e basin, 5 to 6 feet out from the valves, to help reduce the amount of bottom sediment that may be stirred up and discharged through the valves. After the water is drained as low as the valves will allow, the Contractor shall use a portable pump to completely dewater the sediment basin. The 8-inch underdrain may also be opened to allow the sediment to dewater. If the water from the valves is too silty to discharge to the creek other means may be used to dewater the sediment. The contractor shall not discharge sediment laden water to the creek. Fish Rescue All fish life shall be rescued from the creek and sediment basin and transferred to the downstream creek per the HPA permit and requirements. The City will have an environmental consultant perform fish rescue from the creek and sediment basin. The contractor shall remain onsite during the fish rescue to ensure that the bypass dam is functioning properly. The contractor shall coordinate and provide assistance to the environmental company for fish rescue as needed and directed. Typical assistance may include providing a portable gas pump with a screen meeting the HPA requirements, helping pump the basin dry, helping net any fish in the creek and sediment basin, hauling buckets of fish as directed by the environmental consultant, and return fish to the downstream creek. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 69 2025 Coordination with Private Property Owner The private property owner (Mr. Casey McCarthy) on the east side of Maplewood Creek operates a fishpond on his property. The Contractor will be responsible for coordinating with Mr. McCarthy to keep sediment laden water from entering his fish pond while the basin is being cleaned. The City will assist the Contractor with coordination by notifying Mr. McCarty of the work prior to the anticipated start date. During the maintenance period, the Contractor will be responsible for closing the inlet valve (located on the east side of the overflow spillway) that supplies water to the McCarty fish pond. The valve must be closed before dewatering begins to avoid discharge of any silt laden water into the fish pond. After the inlet valve is close, Mr. McCarty will be responsible for supplying water to his fish pond from the creek next to his property. He usually places a small pump in the creek adjacent to his property. The Contractor will be responsible for not disturbing Mr. McCarty’s pump, and notifying McCarty at least 24 hours before the work starts. Payment for “Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin” shall be made per lump sum bid amount and considered complete compensation for all design, labor, equipment and materials required to complete this item of work in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. 1-09.14(2)D Remove, Haul, and Dispose of Sediment (Bid Item A-4, C-4) – Lump Sum Measurement for “Remove, Haul, and Dispose of Sediment” shall be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. This item includes removing the accumulated sediment from all locations including: • The sediment basin and the channel at the north end of the basin as shown on the plans, • The area between the bridges, • The flow splitter, • All other areas of the channel and project as shown in the plans or directed by the Engineer. Sediment in the sediment basin and upper channel shall be excavated using a smooth bucket to avoid damaging the imported backfill layer and PVC liner. Some of the sediment is wet and silty. The saturated sediment shall be dewatered before it can be hauled for disposal. Only singe dump trucks shall be used across the bridge to the sediment basin, no truck and trailer combinations. Contractor shall immediately clean any dirt or debris spilled in the golf course parking lot and driving travel lanes. Sediment removal and hauling shall comply with the Work Day Restrictions identified in Bid Item A-1 & B-1. Sediment Basin The accumulated sediment above the imported backfill layer shall be removed and disposed of offsite. The sediment basin and channel at the north end of the basin have a layer of imported backfill about 12-inch thick placed above a PVC liner. The imported backfill layer is different from the accumulated sediment and it is possible to differentiate between the two materials by sight 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 70 2025 and feel. The contractor shall use the sediment basin construction plans and as -built plans to help locate the top of the 12-inch imported backfill layer. Caution: in some areas the imported backfill layer may be only 2- to 3-inches thick. The Contractor shall hand dig test holes to confirm the location and elevation of the backfill layer and PVC liner as needed during construction. The Contractor shall also dig test holes at various locations. Test holes are most likely needed at the edges of the basin where the PVC liner is close to the surface. All costs to dig all test holes is incidental to this bid item. The work includes cleaning the sediment out of the McCarty valve standpipe. The contractor shall loosen the clamps holding the standpipe, remove it and cleanout any sediment present. The replace and standpipe and tighten the clamps to hold it in place. Upper Channel The accumulated sediment in the upper channel north of the sediment basin will be removed to restore the area so it is similar to the as-built plans and the post construction photos. The center section of the channel is approximately 8 to 12 feet wide and has rock berms at several locations along across the bottom of the channel and along the sides. In the center of the channel sediment shall be removed to expose the top of the rock berms. Along the sides sediment must be carefully removed from between the rock berms without disturbing them. Approximately 18- to 24-inches of the rock berms should be exposed. Some rocks may need to be adjusted to the berms to return them to the proper shape and alignment. The PVC liner is close to the top of backfill in this area so hand dug test holes may be needed to verify the liner location. All adjustments for the rock berms, are considered incidental. No extra payment will be made for any adjustments directed by the City. PVC Liner The contractor is responsible for protecting the PVC liner under the sediment basin and upper channel during excavation and is responsible for repairing any damage to the liner caused by construction. Damage could occur by not hand digging test holes to confirm the liner location, excavating too deep, and not properly protecting the liner from potential damage from vehicle traffic. Any major punctures or tears shall be repaired by seaming a new PVC patch over the affected area in accordance with manufacturer’s recommendation and industry practice. Seaming shall be done by a company with experience in PVC liner construction and seaming. Minor tears may be repaired by other means (tape or gluing), if approved by the City. All repair any damage to the liner resulting from construction shall be incidental. No extra compensation will be made. Flow Splitter The accumulated sediment in the flow splitter basin shall be removed to match the original elevation of the bottom of the high flow weir, and as directed by the City. In some areas only part of the sediment shall be removed, the remaining sediment will be used to help define the channel in the flow splitter for fish passage. The location of the rocks next to the 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 71 2025 flow splitter may be adjusted for fish passage. Adjustments to the sediment and rocks will be directed by the City and are incidental to the work. The bottom of the weir is located approximately 2.5 feet below the weir crest. The excavation shall slope gently upstream to blend into the channel at the north end of the flow splitter. Accumulated sediment on the south side of the splitter structure shall be removed down to the rip-rap layer, except in areas directed by the City. The locations and elevations shall be reviewed with the City prior to starting excavation. The excavated sediment shall be removed and disposed of offsite. Accumulated sediment and vegetation in the area between the bridges shall be removed to the bottom of the channel and the rockery on the east bank. The excavation extent shall be reviewed with the City prior to starting excavation, and may be adjusted as the work proceeds. The excavated sediment and debris shall be removed and disposed of offsite. Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7) C. All costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide current copies of all applicable permits and licenses showing that the disposal sites meet the applicable regulations for sediment disposal. The Contractor is responsible for any material and environmental testing a disposal site may require. Based on the previous pond cleaning, and general quantity estimates, approximately 1400 to 1800 CY of gravel and sediment may need to be removed for the project. The actual amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. This item includes loading the material into vehicles and hauling offsite for disposal. All costs for excavation, loading, hauling, and disposal shall be included in the bid price. Payment for “Remove, Haul, and Dispose of Sediment” shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. 1-09.14(2)E Refill Basin, Remove Bypass Dam, Restore Bank (Bid Item A-5, C-5) – Lump Sum Measurement for “Refill Basin, Remove Bypass Dam, Restore Bank” shall be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 72 2025 This item includes refilling the sediment basin with water, restoring flow into the sediment basin and fish ladder, removing materials related to the installation of temporary bypass dam and second dam, and restoring any banks and vegetation disturbed by t he work. The basin shall not be refilled until the as-built survey has been performed and the results have been reviewed and approved by the City. If the City determines additional sediment needs to be removed based on the survey results, the additional sediment shall be removed and the area resurveyed at no extra cost to the City. During the refilling process at least 3/4 the creek flow shall be kept flowing to the fish channel on the golf course via the bypass pipe at all times. The Contractor shall plan the work so that the basin will be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam and second dam can be removed the next day. The work shall include rebuilding and compacting the bank on the west side of the basin where eroded by the creek. Dry granular material, 2-in and less in size, from the sediment basin shall be set aside and used for the fill. This item includes any and all work needed to restore the banks next to the sediment basin and other areas after cleaning including but not limited to regrading the banks, replacing rip -rap, grading, raking, and topsoil placement. Payment for “Refill Basin, Remove Bypass Dam, Restore Bank” shall be made per lump sum bid amount and considered complete compensation for all materials, water, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. 1-09.14(2)F Gravel Placement – Detail 1, Upstream of Flow Splitter (Bid Item C-6) – Ton Measurement for “Gravel Placement – Details 1, Upstream of Flow Splitter ” will be measured in tons based on the weight of material installed into the Work in conformance with the Contract Documents. Certified weight tickets will accompany each load, a copy of tickets will be given to the Engineer daily. Wasted materials will not be included in measurement or payment. Only materials placed in accordance with the plans and as directed and approved by the Engineer will be considered for payment. This item includes placing streambed gravel at the edge of the creek and hand spreading it across the bottom of the creek in the areas shown on the plan, and in any additional areas identified by the City. The Contractor shall identify and review all areas for “Gravel Placement – Details 1, Upstream of Flow Splitter” with the City for approval prior to conducting work associated with this Bid Item. Streambed gravel shall consist of a rounded, naturally occurring, granular material with an organic content less than 3 percent by volume. Crushed or angular rock will not be permitted. The gradation requirements for the gravel are shown on Detail 1 of the Plans. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 73 2025 Gravel placement for Detail 1 for areas next to the 18th tee and bridge across the creek shall not occur on the Golf Course Event Days identified in Bid Item A-1 and B-1. The Contractor shall avoid damaging the golf course grounds. Only small soft tired vehicles (such as bobcats or wheel barrows) may be used to deliver gravel to the side of the creek. Gravel will be placed at the top of the creek, and carried down the creek side by hand in buckets. The new gravel layer is intended to be approx. 6-inches thick (12” max.). Approximately 1 to 2 CY may be placed at each location. The City will review the gravel placement at each location and may adjust the locations, amount of gravel, and depth of gravel as needed. Any unused gravel stockpiled on the site shall be either moved to a stockpile location in the immediate area, or shall be removed from the site, as determined by the City. Stockpiling or removing the unused gravel is included as part of the bid item cost. This item includes limited cutting, removing, and disposing of streamside vegetation as needed to reach the creek for gravel placement. All vegetation cutting shall be reviewed and approved by the City prior to cutting. The Contractor shall not cut beyond the extent identified by the City. The quantity for this bid item is included to provide a common proposal for bid purposes. The actual quantity used may vary from that amount. Payment for “Gravel Placement - Detail 1, Upstream of the Flow Splitter” will be made at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Payment for “Gravel Placement - Detail 1, Upstream of the Flow Splitter” will only for the materials approved by the City. If no “Gravel Placement - Detail 1, Upstream of the Flow Splitter” is authorized under this bid item, final payment for this item will be $0 (zero). 1-09.14(2)G Gravel Placement – Detail 2, Downstream of Flow Splitter (Bid Item C-7) – Ton Measurement for “Gravel Placement – Detail 2, Downstream of Flow Splitter ” will be measured in tons based on the weight of material installed into the Work in conformance with the Contract Documents. Certified weight tickets will accompany each load, a copy of tickets will be given to the Engineer daily. Wasted materials will not be included in measurement or payment. Only materials placed in accordance with the plans and as directed and approved by the Engineer will be considered for payment. This item includes providing and placing streambed gravel at the edge of the creek and hand spreading it across the bottom of the creek in the areas shown on the plan, and in any additional areas identified by the City. The Contractor shall identify and review all areas for “Gravel Placement – Detail 2, Downstream of Flow Splitter ” with the City for approval prior to conducting work associated with this Bid Item. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 74 2025 Streambed gravel shall consist of a rounded, naturally occurring, granular material with an organic content less than 3 percent by volume. Crushed or angular rock shall not be permitted. The Gradation requirements for the 4” size gravel are shown on Detail 2 of the Plans. The Contractor shall avoid damaging the golf course grounds. Only small soft tired vehicles (such as bobcats or wheel barrows) may be used to deliver gravel to the side of the creek. Gravel will be placed at the top of the creek, and carried down the creek side by hand in buckets. Gravel shall be hand spread across the bottom of the creek using shovels, and other hand tools. The new gravel layer is intended to be approximately 3- to 6-inches thick. Approximately 1 to 1.5 CY will be placed at each location. The City will review the gravel placement at each location and may adjust the locations, amount of gravel, and depth of gravel as needed. Any unused gravel stockpiled on the site shall be either moved to a stockpile location in the parking lot near the sediment basin, or shall be removed from the site, as determined by the City. Stockpiling or removing the unused gravel is included as part of the bid item cost. This item includes limited cutting, removing, and disposing of streamside vegetation as needed to reach the creek for gravel placement. All vegetation cutting shall be reviewed and approved by the City prior to cutting. The Contractor shall not cut beyond the extent identified by the City. The quantity for this bid item is included to provide a common proposal for bid purposes. The actual quantity used may vary from that amount. Payment for “Gravel Placement - Detail 2, Downstream of the Flow Splitter” will be made at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Payment for “Gravel Placement - Detail 2, Downstream of the Flow Splitter” will only for the materials approved by the City. If no “Gravel Placement - Detail 2, Downstream of the Flow Splitter” is authorized under this bid item, final payment for this item will be $0 (zero). 1-09.14(2)H Channel Vegetation and Sediment Removal (Bid Item A-6, C-8) – Square Feet Measurement for “Channel Vegetation and Sediment Removal” will be per square foot at each location where work is performed. All locations will be added together for the total quantity. This item includes removing vegetation and sediment in small sections of the channel as shown on the plans, described in the bid item, and as directed by the City. The Contractor shall identify and review all areas for “Channel Vegetation and Sediment Removal” with the City for approval prior to conducting work associated with this Bid Item. This bid item also includes supplying all labor, tools, equipment, and materials, as well as removal, hauling, and offsite disposal of all removed materials, including wood, vegetation, sediment, excess gravel, etc. Locations 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 75 2025 Remove Invasive Weeds and Sediment in the fairway crossings. Removal areas may vary from about 8 feet long by 3 feet wide to about 1.5 feet by 1.5 feet. The existing sediment depth may range from 12- to 15-inches. A filter fabric fence will be placed around the water side of each large section to help control sediment from impacting the creek. All work will be done by hand with shovels. The contractor will provide temporary portable nets or shields to help protect workers from golf balls. All workers shall wear hardhats. Only one area of the fairway crossing no more than 30-feet long will be worked on at one time. The remaining areas of the fairway crossing shall remain unblocked for golf course play. The locations, number, and extent of the work at each location will be identified in the field by the City. The City may revise, add, or remove locations as needed at no change to the unit Bid Item price. All work for this item will be by hand labor (except power saws), unless otherwise approved by the City. Only small pickup trucks may be used on the paved golf course path. Only small soft tired vehicles (such as bobcats or ATVs) may be used to deliver or remove material along the side of the creek. The Contractor shall keep the golf course path clear for golf carts and golfers . The Contractor shall not interfere with golf course play. The Contractor shall avoid damaging the golf course grounds. The Contractor shall be responsible for repairing any damages to the golf course grounds at his own expense, to the satisfaction of the City. The City may charge the Contractor for any cost to repair damage to the golf course grounds. The quantity for this bid item is included to provide a common proposal for bid purposes. The actual quantity used may vary from that amount. Payment for “Channel Vegetation and Sediment Removal” will be made by at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. 1-09.14(2)I Hydroseeding (Bid Item A-7, C-9) –Square Feet Measurement for “Hydroseeding” shall be per square feet of approved area installed in conformance with the Contract Documents. This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, upper channel, on any areas of the outer banks where vegetation was disturbed by the work, and on any bare or sparse areas. The Contractor shall identify and review 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 76 2025 all areas for hydroseeding with the City for approval prior to placement. Hydroseeding shall be per Special Provisions Section 9-14.5(10). Hydroseeding shall occur after September 1st. A layer of straw mulch shall be placed over all hydroseed areas for erosion control purposes. The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor’s certification for the grass seed mixture, indicating percentage by weight, percentage of purity, germination, and weed seed for each grass species. The quantity for this bid item is included to provide a common proposal for bid purposes. The actual quantity used may vary from that amount. Payment for “Hydroseeding” will be made by at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. 1-09.14(2)J Remove and Replace Plywood Cover over 42”-inch Dia. Pipe (Bid Item A-8) – Lump Sum Measurement for “Remove and Replace Plywood Cover over 42”-inch Dia. Pipe” be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. This bid item includes the removal, disposal, and replacement of the exiting plywood cover over the 42-inch dia. pipe in the fish inlet. The new plywood cover shall be 1-inch-thick marine grade plywood with a neoprene rubber seal and bolted over the 42-inch diameter pipe using galvanized bolts and existing anchors. The Contractor may consider using the removed existing cover as template for bolt hole locations when fabricating new plywood cover. It is not necessary to drain the existing 42-inch pipe of water before installing the new plywood cover. Payment for “Remove and Replace Plywood Cover over 42-inch Dia. Pipe” shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. 1-09.14(2)K Minor Changes (Bid Item A-9, C-10) – Estimated For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for Minor Change in the Proposal to become a part of the total bid by the Contractor. At the discretion of the Contracting Agency, all or part of this estimated amount may be used in lieu of the more formal procedure as outlined in Section 1-04.4 of the Standard Specifications. The unit contract price for Minor Changes is given in the Schedule of Prices and shall not be changed by the bidder. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 77 2025 All work and payment under this item will be authorized in writing by the Engineer. Payment will be determined in accordance with Section 1-09.4 of the Standard Specifications. Payment for this item will be only for the changes and amounts approved by the City. If no changes are authorized under this bid item final payment for this item will be $0 (zero). Madsen Creek Sediment Basin Bid Items 1-09.14(2)L Mobilization & Demobilization (Bid Item B-1 and D-1) – Lump Sum Measurement for “Mobilization & Demobilization” will be lump sum. The lump sum price shown will cover the complete cost of furnishing and installing, complete and in-place all Work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, obtain all necessary permits and licenses, prepare the site for construction operations, and maintain the site and surrounding areas during construction, provide protection of existing utilities, provide component and system testing, final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. Any spilled material on the access roads, next to the creek, and in any other areas shall be removed, and all debris removed at the end of the project. This item includes providing any Traffic Control provisions that may be needed for access to the site from SR-169. The Contractor shall provide warning signs “Caution, Trucks Entering Highway” on SR-169 before the access road to the site. If hauling is continuous, or if traffic problems occur, the Contractor may need to provide flaggers at the access road to help trucks entering and leaving the highway. The Contractor shall submit a Traffic Control Plan for review and approval if it is necessary to have flaggers or temporarily block a lane for truck hauling. Work Day Restrictions - 2025 Work restrictions are listed below. • July 1 - August 31 – HPA limit on work below OHWL • July 4 – Holiday. No work on entire project • Sept. 1 – Holiday. No work on entire project. • No work on weekends without City approval • Work on Maplewood Creek downstream of the sediment basin is subject to additional work restrictions on Golf Course Event Days, typically 2-3 days between July 1 and August 31. Dates to be determined, City to provide dates for 2025 Golf Course Event Days at 2025 preconstruction meeting. Work Day Restrictions - 2026 Work restrictions are listed below. • July 1 - August 31 – HPA limit on work below OHWL • July 4 – Holiday. No work on entire project • Sept. 7 – Holiday. No work on entire project. • No work on weekends without City approval • Work on Maplewood Creek downstream of the sediment basin is subject to additional work restrictions on Golf Course Event Days, typically 2-3 days between July 1 and August 31. Dates to be determined, City to provide dates for 2026 Golf Course Event Days at 2026 preconstruction meeting. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 78 2025 The Contractor is responsible for complying with the HPA permit, the Army Corps of Engineers Permits that are issued, and all other permits, per Special Provisions section 1-07.6. and shall plan the work such that all work below the ordinary high water line is completed between July 1 and August 31 in each year to comply with the HPA permit. The Contractor shall prepare a Work Plan that shall include the following: A. Progress Schedule in accordance with Special Provisions section 1-08.3 B. Mobilization Plan showing the proposed location for storage of all equipment and materials. Storage shall not interfere with use of the City ROW and commercial and residential access. For any proposed storage on private property outside the easement or work area, the Contractor shall obtain a Temporary Use Permit for storage areas on private property. The Contractor shall be responsible for all fees, applications, and work needed to obtain the permit. The Contractor shall allow 3 to 4 weeks to obtain the Temporary Use Permit from the City. C. Traffic Control Plan, including provisions for cleaning and sweeping of any impacted roadways. D. The Contractor shall provide a lock to place in the daisy chain of locks on the access road gate. At the end of the work the Contractor shall remove the lock. The Work Plan shall be submitted to the City for review and approval within 10 days of the contract award. Payment for “Mobilization & Demobilization” will be made at the lump sum amount bid (NOT to exceed 80% of bid price prior to completion of construction) based on the percent of completed Work as defined in the 2024 Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT) for mobilization. Payment for the remaining 20% shall be included in the final pay estimate in each year issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Such payment will be complete compensation for all mobilization of employees, equipment and materials, Mobilization Plan, Work Plan, preparation of all necessary submittals, bonds, insurance, site improvements, permits, clean-up, safety plan, and other plans/submittals not specifically covered in bid items, etc. all in conformance with the Contract Documents. This bid item may not be more than ten percent (10%) of the total amount of Bid for the schedule. 1-09.14(2)M Construction Surveying, Staking, and As-built Drawings (Bid Item B-2 & D- 2) – Lump Sum Measurement for “Construction Surveying, Staking and As-builts” will be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. Surveying shall be per Special Provisions Section 1-05.4 and the City of Renton Surveying Standards in Special Provisions Section 1-11 under the direct supervision of a professional land surveyor (PLS) licensed by the State of Washington. All work shall be located per the City of Renton Survey Control Network. The known points of the concrete structures in the sediment basin surveyed for the original sediment basin construction may be used as reference benchmarks for the survey. The surveyor 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 79 2025 shall use at least two locations on different structures to confirm the reference coordinates and elevations. The construction survey shall locate and stake the toe, corners, sides, and other significant locations of the sediment basin and creek above the sediment basin to help guide the sediment removal. Offset stakes shall be provided as needed. After the sediment basin has been cleaned the surveyor shall locate the toe, corners, sides and other significant locations of the basin and creek to document the cleaning. The surveyor shall provide the as-built survey information for the bottom and sides of the basin to the City to confirm that that the basin has been cleaned per plan before the basin is allowed to be refilled. The surveyor shall provide the City with a set of redline drawings with the as -built locations and elevations of all points surveyed bearing the surveyors PLS seal and signature certifying its accuracy. A copy of the as-built AutoCAD drawing shall be submitted to the City. The surveyor shall also provide a list of all points measured including the point description, coordinates, and elevation. Payment shall be made per lump sum bid amount and considered complete compensation for all labor, materials, equipment, travel, surveying needed to construct the improvements to the line and grade as shown on the plans, to provide the required construction and as-constructed field (as- built information) notes and drawings, etc. required to complete this item of work in conformance with the Contract Documents. Payment for “Construction Surveying, Staking and As-builts” will be made at the lump sum amount bid and may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. No more than 70% of the bid amount for this item shall be paid prior to the review and acceptance of the final as -built information and submittals by the Engineer. 1-09.14(2)N Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin (Bid Item B-3, D-3) –– Lump Sum Measurement for “Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin” shall be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. This item includes all work needed for construction of temporary bypass dam and second dam, diversion of the creek from the work areas, draining the sediment basin, coordination with fish rescue, and coordination with adjacent private property owner regarding water supply to a private fish pond. See the description and photos of 1999 cleaning for an example of the work and techniques needed. During all work at least 3/4 of the flow shall be kept moving downstream at all times so the creek is not dewatered and fish life is not adversely affected while work is occurring. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 80 2025 Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the 18-inch bypass inlet. The bypass dam will divert the entire flow from the creek into the 18 -inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe plus 3 inches. Materials to be used for the bypass dam shall include, but be not limited to concrete blocks, media bags, sandbags, and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. A second dam, plastic sheeting, portable sump pump downstream of the bypass dam shall be installed and used to collect any water running under the bypass dam and redirect it back into the bypass pipe. Pumping shall be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam is completed early in the morning (approx. 10:00 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. Drain Sediment Basin After the bypass dam is installed and the creek is diverted, the sediment basin shall be drained using the 8-inch valves in the concrete structures. Before draining starts the Contractor will place plastic sheeting anchored by sandbags on the bottom of th e basin, 5 to 6 feet out from the valves, to help reduce the amount of bottom sediment that may be stirred up and discharged through the valves. After the water is drained as low as the valves will allow, the Contractor shall use a portable pump to completely dewater the sediment basin. The 8-inch underdrain may also be opened to allow the sediment to dewater. If the water from the valves is too silty to discharge to the creek other means may be used to dewater the sediment. The contractor shall not discharge sediment laden water to the creek. Fish Rescue All fish life shall be rescued from the creek and sediment basin and transferred to the downstream creek per the HPA permit and requirements. The City will have an environmental consultant perform fish rescue from the creek and sediment basin. The contractor shall remain onsite during the fish rescue to ensure that the bypass dam is functioning properly. The contractor shall coordinate and provide assistance to the environmental company for fish rescue as needed and directed. Typical assistance may include providing a portable gas pump with a screen meeting the HPA requirements, helping pump the basin dry, helping net any fish in the creek and sediment basin, hauling buckets of fish as directed by the environmental consultant, and return fish to the downstream creek. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 81 2025 Payment for “Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin” shall be made per lump sum bid amount and considered complete compensation for all design, labor, equipment and materials required to complete this item of work in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. 1-09.14(2)O Remove, Haul, and Dispose of Sediment (Bid Item B-4, D-4) – Lump Sum Measurement for “Remove, Haul, and Dispose of Sediment” shall be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. This item includes removing the accumulated sediment basin area. Sediment in the sediment basin and upper channel shall be excavated using a smooth bucket to avoid damaging the imported backfill layer and PVC liner. Some of the sediment is wet and silty. The saturated sediment shall be dewatered before it can be hauled for disposal. Contractor shall immediately clean any dirt or debris spilled. Sediment removal and hauling shall comply with the Work Day Restrictions identified in Bid Item C-1 & D-1. Sediment Basin The accumulated sediment shall be removed down to the grades shown on the plans, and as directed by the City and disposed of offsite. The accumulated sediment in the channel at the south end of the sediment basin will be removed to restore the area so it is similar to the existing creek grade, and provides an even slope into the sediment basin. The Contractor will review the extent of sediment removal with the City before proceeding. The City may adjust the extent of sediment removal as needed. All adjustments for sediment removal are considered incidental. No extra payment will be made for any adjustments directed by the City. Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7) C. All costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide current copies of all applicable permits and licenses showing that the disposal sites meet the applicable regulations for sediment disposal. The Contractor is responsible for any material and environmental testing a disposal site may require. Based on the previous pond cleaning, and general quantity estimates, approximately 1000 to 1200 CY of gravel and sediment may need to be removed for the project. The actual amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. This item includes loading the material into vehicles and hauling offsite for disposal. All costs for excavation, loading, hauling, and disposal shall be included in the bid price. 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 82 2025 Payment for “Remove, Haul, and Dispose of Sediment” shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. 1-09.14(2)P Refill Basin, Remove Bypass Dam, Restore Bank (Bid Item B-5,D-5) – Lump Sum Measurement for “Refill Basin, Remove Bypass Dam, Restore Bank” shall be per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. This item includes refilling the sediment basin with water, restoring flow into the sediment basin, removing materials related to the installation of temporary bypass dam and second dam, and restoring any banks and vegetation disturbed by the work. The basin shall not be refilled until the as-built survey has been performed and the results have been reviewed and approved by the City. If the City determines additional sediment needs to be removed based on the survey results, the additional sediment shall be removed and the area resurveyed at no extra cost to the City. During the refilling process at least 3/4 the creek flow shall be kept flowing to the fish channel on the golf course via the bypass pipe at all times. The Contractor shall plan the work so that the basin will be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam and second dam can be removed the next day. This item includes any and all work needed to restore the banks next to the sediment basin and other areas after cleaning including but not limited to regrading the banks, replacing rip -rap, grading, raking, and topsoil placement. Dry granular material, 2-in and less in size, from the sediment basin shall be set aside and used for the fill. Payment for “Refill Basin, Remove Bypass Dam, Restore Bank” shall be made per lump sum bid amount and considered complete compensation for all materials, water, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. 1-09.14(2)Q Hydroseeding (Bid Item B-6, D-6) –Square Feet Measurement for “Hydroseeding” shall be per square feet of approved area installed in conformance with the Contract Documents. This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, on any areas of the outer banks where vegetation was disturbed by the work, and on any bare or sparse areas. The Contractor shall identify and review all areas for hydroseeding with the City for approval prior to placement. Hydroseeding shall be per Special Provisions Section 9-14.5(10). Hydroseeding shall occur after 1-09 MEASUREMENT AND PAYMENT Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 83 2025 September 1st. A layer of straw mulch shall be placed over all hydroseed areas for erosion control purposes. The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor’s certification for the grass seed mixture, indicating percentage by weight, percentage of purity, germination, and weed seed for each grass species. The quantity for this bid item is included to provide a common proposal for bid purposes. The actual quantity used may vary from that amount. Payment for “Hydroseeding” will be made by at the unit price amount bid, and shall be considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. 1-09.14(2)K Minor Changes (Bid Item B-7, D-7) – Estimated For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for Minor Change in the Proposal to become a part of the total bid by the Contractor. At the discretion of the Contracting Agency, all or part of this estimated amount may be used in lieu of the more formal procedure as outlined in Section 1-04.4 of the Standard Specifications. The unit contract price for Minor Changes is given in the Schedule of Prices and shall not be changed by the bidder. All work and payment under this item will be authorized in writing by the Engineer. Payment will be determined in accordance with Section 1-09.4 of the Standard Specifications. Payment for this item will be only for the changes and amounts approved by the City. If no changes are authorized under this bid item final payment for this item will be $0 (zero). 1-10 TEMPORARY TRAFFIC CONTROL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 84 2025 1-10 TEMPORARY TRAFFIC CONTROL 1-10.1 General (Feb 3, 2025, Renton GSP) Delete this section and replace it with the following: The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the Contracting Agency. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor’s operations which may occur on highways, roads, streets, sidewalks, or paths. No Work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place. When the bid proposal includes an item for “Traffic Control,” the Work required for this item shall be all items described in Section 1-10, including, but not limited to: 1. Furnishing and maintaining barricades, flashers, construction signing, and other channelization devices, unless a pay item is in the bid proposal for any specific device and the Special Provisions specify furnishing, maintaining, and payment in a different manner for that device; 2. Furnishing traffic control labor, equipment, and supervisory personnel for all traffic control labor; 3. Furnishing any necessary vehicle(s) to set up and remove the Class B construction signs and other traffic control devices; 8. Furnishing labor and vehicles for patrolling and maintaining in position all of the construction signs and the traffic control devices, unless a pay item is in the bid proposal to specifically pay for this Work; and 9. Furnishing labor, material, and equipment necessary for cleaning up, removing, and replacing of the construction signs and the traffic control devices destroyed or damaged during the life of the project. 10. Removing existing signs as specified or as directed by the Engineer and delivering to the City Shops or storing and reinstalling as directed by the Engineer. 11. Preparing a traffic control plan for the project and designating the person responsible for traffic control at the Work site. The traffic control plan shall include descriptions of the traffic control methods and devices to be used by the prime Contractor, and subcontractors, shall be submitted at or before the preconstruction conference, and shall be subject to review and approval of the Engineer. Temporary traffic control plans shall be prepared by a qualified Traffic Control Supervisor. 12. Contacting police, fire, 911, and ambulance services to notify them in advance of any Work that will affect and traveled portion of a roadway. 13. Assuring that all traveled portions of roadways are open to traffic outside of working hours as specified in Section 1-08.0(2), subject to the limitations and allowances specified in Section 1-10.3(4) and the conditions of the traffic control permit, or as directed by the Engineer. 14. Promptly removing or covering all non-applicable signs during periods when they are not needed. If no bid item “Traffic Control” appears in the proposal, then all Work required by these sections will be considered incidental and their cost shall be included in the other items of Work. 1-10 TEMPORARY TRAFFIC CONTROL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 85 2025 If the Engineer requires the Contractor to furnish additional channelizing devices, pieces of equipment, or services, which could not be usually anticipated, by a prudent Contractor for the maintenance and protection of traffic, then a new item or items may be established to pay for such items. Further limitations for consideration of payment for these items are that they are not covered by other pay items in the bid proposal, they are not specified in the Special Provisions as incidental, and the accumulative cost for the use of each individual channelizing device, piece of equipment, or service must exceed $200 in total cost for the duration of their need. In the event of disputes, the Engineer will determine what is usually anticipated by a prudent Cont ractor. The cost for these items will be by agreed price, price established by the Engineer, or by force account. If the total cost of all the Work under the Contract increases or decreases by more than 25 percent, an equitable adjustment will be considered for the item “Traffic Control” to address the increase or decrease. Traffic control and maintenance for the safety of the traveling public on this project shall be the sole responsibility of the Contractor and all methods and equipment used will be subject to the approval of the Owner. Traffic control plans, traffic control devices, and their use shall conform to City of Renton standards and the Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall not proceed with any construction until proper traffic control has been provided to the satisfaction of the Engineer. Any days lost due to improper traffic control will be charged against the Contractor’s allowable contract time and shall not be the cause for a claim for extra days to complete the Work. 1-10.2(1)B Traffic Control Supervisor (Feb 3, 2025, Renton GSP) Section 1-10.2(1)B is supplemented as follows: Only training with WSDOT TCS card and WSDOT training curriculum is recognized in the State of Washington. The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers-Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297-3035 Evergreen Safety Council 12545 135th Ave. NE Kirkland, WA 98034-8709 1-800-521-0778 or (425) 814-3868 The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 Fredericksburg, Virginia 22406-1022 Training Dept. Toll Free (877) 642-4637 1-10 TEMPORARY TRAFFIC CONTROL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 86 2025 Phone: (540) 368-1701 1-10.2(2) Traffic Control Plans (Feb 3, 2025, Renton GSP) Section 1-10.2(2) is supplemented as follows: The Contractor shall be responsible for assuring that traffic control is installed and maintained in conformance to established standards. The Contractor shall continuously evaluate the operation of the traffic control plan and take prompt action to correct any problems that become evident during operation. TCP’s shall be prepared by a certified Traffic Control Supervisor (TCS), certified Traffic Control Design Specialist or licensed Professional Traffic Operations Engineer, using traffic control software (or other software modified to clearly show all aspects of the traffic control zone). The certified party shall stamp or affix their name, current certification number, expiration date and contact information on the plans. Traffic control plans shall include pedestrian traffic control for sidewalk closures and incorporate the constraints and requirements described elsewhere in these Special Provisions. All pedestrian routes shall be maintained to meet ADA standards to the maximum extent feasible. Detour routes shall provide access around construction and shall also include direction back into the downtown core to maintain local access to all businesses. 1-10.3 Traffic Control Labor, Procedures, and Devices (Feb 3, 2025, Renton GSP) Section 1-10.3 is supplemented as follows: At the end of each working day, provisions shall be made for the safe passage of traffic and pedestrians during non-working hours. Barricades shall be reflectorized as specified in Part VI of the MUTCD and shall be 3M -diamond grade or equivalent approved by the Engineer. Barricades shall also be equipped with flashers during hours of darkness. Drivers of motor vehicles used in connection with the construction shall obey traffic rules posted for such location in the same manner and under the same restrictions as provided for the drivers of private vehicles. The Contractor shall conduct the work in such a manner as will obstruct and inconvenience vehicular and pedestrian traffic as little as possible. The streets, sidewalks and private driveways shall be kept open by the Contractor except for the brief periods when actual work is being done. The Contractor shall so conduct his operations so as to have under construction no greater length or amount of work than Contractor can prosecute vigorously and Contractor shall not open up sections of the work and leave them in an unfinished condition. See Section 1-07.23(1) for additional driveway closure requirements. 1-10 TEMPORARY TRAFFIC CONTROL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 87 2025 The Contractor shall provide traffic cones, barricades, and drums, with warning lights in sufficient number and in good condition as required to protect the work and the public throughout the length of the job. Traffic Safety Drums with flashers in addition to temporary striping will be used to channelize traffic through construction zones. Opposing lanes of traffic will be separated by pylons when clearance for drums is not adequate. All signing and channelization shall be per current MUTCD standards. Temporary paint striping, reflective marking tape, and/or retroreflective tubular markers shall be required for each shift of traffic control. The Contractor shall provide temporary striping, reflective marking tape, and/or retroreflective tubular markers as required at the direction of the Engineer. Paint, reflective marking tape, and/or retroreflective tubular markers used for temporary striping shall meet the requirement of Section 8-23 of the Specifications. 1-10.3(1)C Other Traffic Control Labor (Feb 3, 2025, Renton GSP) Section 1-10.3(1)C is a new section: The Contractor shall use an off-duty Uniformed Police Officer to direct traffic when the traffic control plan requires disruptions or modifications to the operation of traffic at a signalized intersection, or as directed by the Engineer. Uniformed Police Officers are not required if traffic signals are set to all-way stop or are turned off and covered. The off-duty police officer shall be in addition to all other personnel required for traffic control. The Contractor is responsible for the properly scheduling of off-duty officers and shall be responsible for any charges assessed due to insufficient time in canceling off-duty officers, except in situations outside of the Contractor’s control. The off-duty uniformed police officer hours, as stated in the proposal are the City’s estimate, without knowledge of the Contractor’s specific method of operation and has been presented for the purpose of providing a common amount for all bidders. Uniformed Police Officers will be scheduled for a minimum of four (4) hours for any shift worked. The Contractor shall use the City of Renton Police Department unless it is unable to respond to a request to assist with the Work. The Uniformed Police Office shall remain in place until the intersection becomes satisfactorily operational as determined by the City of Renton Police Department. The City of Renton Police Department may be contacted at: 1055 S Grady Way Renton, WA 98057 (425) 430-7500 Other resources include: King County Sheriff’s Officers: Contact (206) 957-0935 ext. 1 Washington State Patrol Officers: Contact (425) 401-7788 1-10 TEMPORARY TRAFFIC CONTROL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 88 2025 1-10.3(3)A Construction Signs (Feb 3, 2025, Renton GSP) Section 1-10.3(3) is supplemented as follows: The Contractor shall fabricate, install, and maintain project signs for “Businesses Open During Construction” (minimum one sign per direction of traffic) and “Business Access” to alert and guide the public to businesses in the project area (minimum one sign per affected business). No separate pay item will be provided in the bid proposal for Class A or Class B construction signs. All costs for the Work to provide Class A or Class B construction signs shall be included in the unit contract price for the various other items of the Work in the bid proposal. 1-10.3(4) Traffic Control Constraints (Feb 3, 2025, Renton GSP) Section 1-10.3(4) is a new section: Traffic control plans shall be reviewed and approved by the City. Pedestrian and vehicular access shall be maintained throughout the work to the greatest extent practical. Minimum travel lane width is 9.5-feet. Traffic control zones shall be limited to one block per street and one intersection per street at a time, unless otherwise approved by the Engineer and subject to the constraints in the Contract Documents. A maximum of 400-feet of trench, including that which is steel plated, may be open on a street at any time. The Contractor shall provide a pedestrian traffic control plan for sidewalk closures. The maximum closure time between demolition and completion for any curb ramp or street corner shall be 7 calendar days. Pedestrian routes shall be restored to clean and hazard-free surface meeting ADA standards to the maximum extent feasible before they are re-opened to the public. The Contractor shall clean the work zone and reopen the roadway at the end of the work day unless otherwise permitted in the Contract Documents or approved by the Engineer. All open trenches shall be protected with steel plates overnight. Steel plates used for trench protection shall be secured to the roadway. All trenches shall be temporary patched or steel plated and in a clean and orderly condition from the time the contractor stops work until work resumes. Any traffic detours shall be maintained in accordance with the approved traffic control plan. The Contractor shall provide their own storage and staging area for the duration of the project. The City does not have land available in the vicinity of the project and will not allow the right-of-way to be used for storage. Access to schools, businesses and residences shall be maintained at all times. Property owners and tenants shall be notified by the Contractor of traffic control restrictions in accordance with Section 1-07.23(1). “Business Open During Construction” signage is required where traffic control is in place in a commercial area. Mail delivery service shall not be impeded. Street parking may be closed in traffic control zones as necessary to provide detours. 1-10 TEMPORARY TRAFFIC CONTROL Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 89 2025 Traffic control affecting bus routes shall be subject to the requirements of King County Metro and Sound Transit. Minimum 12-ft travel lanes shall be provided on bus routes. Temporary bus stop closures or relocations will be necessary and are limited to a single stop in each direction at a time. Access to the Renton Transit Center shall be maintained at all times. Bus route detours, if required, shall be coordinated with King County Metro and Sound Transit. 1-10.4 Measurement (Feb 3, 2025, Renton GSP) Section 1-10.4 is replaced with: No specific unit of measurement will apply to the lump sum item of “Traffic Control”. No adjustment in the lump sum bid amount will be made for overtime Work or for use of relief flaggers. 1-10.5 Payment (Feb 3, 2025, Renton GSP) Section 1-10.5 is replaced with: Payment for all labor, materials, and equipment described in Section 1-10 will be made in accordance with Section 1-04.1, for the following bid items when included in the proposal: “Traffic Control,” Lump Sum. 1-11 RENTON SURVEYING STANDARDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 90 2025 1-11 RENTON SURVEYING STANDARDS (Feb 3, 2025, Renton GSP) The following is a new section with new subsections: 1-11.1(1) Responsibility for Surveys All surveys and survey reports shall be prepared under the direct supervision of a person registered to practice land surveying under the provisions of Chapter 18.43 RCW. All surveys and survey reports shall be prepared in accordance with the requirements established by the Board of Registration for Professional Engineers and Land Surveyors under the provisions of Chapter 18.43 RCW. 1-11.1(2) Survey Datum and Precision The horizontal component of all surveys shall have as its coordinate base: The North American Datum of 1983/91. All horizontal control for projects must be referenced to or in conjunction with a minimum of two of the City of Renton's Survey Control Network monuments. The source of the coordinate values used will be shown on the survey drawing per RCW 58.09.070. The horizontal component of all surveys shall meet or exceed the closure requirements of WAC 332-130-060. The control base lines for all surveys shall meet or exceed the requirements for a Class A survey revealed in Table 2 of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA and ACSM in 1992 or comparable classification in future editions of said document. The angular and linear closure and precision ratio of traverses used for survey control shall be revealed on the face of the survey drawing, as shall the method of adjustment. The horizontal component of the control system for surveys using global positioning system methodology shall exhibit at least 1 part in 50,000 precision in line length dependent error analysis at a 95 percent confidence level and performed pursuant to Federal Geodetic Control Subcommittee Standards for GPS control surveys as defined in Geometric Geodetic Accuracy Standards & Specifications for Using GPS Relative Positioning Techniques dated August 1, 1989, or comparable classification in future editions of said document. The vertical component of all surveys shall be based on NAVD 1988, the North American Vertical Datum of 1988, and tied to at least one of the City of Renton Survey Control Network benchmarks. If there are two such benchmarks within 3000 feet of the project site a tie to both shall be made. The benchmark(s) used will be shown on the drawing. If a City of Renton benchmark does not exist within 3000 feet of a project, one must be set on or near the project in a permanent manner that will remain intact throughout the duration of the project. Source of elevations (benchmark) will be shown on the drawing, as well as a description of any benchmarks established. 1-11.1(3) Subdivision Information Those surveys dependent on section subdivision shall reveal the controlling monuments used and the subdivision of the applicable quarter section. 1-11 RENTON SURVEYING STANDARDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 91 2025 Those surveys dependent on retracement of a plat or short plat shall reveal the controlling monuments, measurements, and methodology used in that retracement. 1-11.1(4) Field Notes Field notes shall be kept in conventional format in a standard bound field book with waterproof pages. In cases where an electronic data collector is used field notes must also be kept with a sketch and a record of control and base line traverses describing station occupations and what measurements were made at each point. Every point located or set shall be identified by a number and a description. Point numbers shall be unique within a complete job. The preferred method of point numbering is field notebook, page, and point set on that page. Example: The first point set or found on page 16 of field book 348 would be identified as Point No. 348.16.01, the second point would be 348.16.02, etc. Upon completion of a City of Renton project, either the field notebook(s) provided by the City or the original field notebook(s) used by the Surveyor will be given to the City. For all other Work, Surveyors will provide a copy of the notes to the City upon request. In those cases where an electronic data collector is used, a hard copy print out in ASCII text format will accompany the field notes. 1-11.1(5) Corners and Monuments Corner: A point on a land boundary, at the juncture of two or more boundary lines. A monument is usually set at such points to physically reference a corner's location on the ground. Monument: Any physical object or structure of record, which marks or accurately references: • A corner or other survey point established by or under the supervision of an individual per Section 1-11.1(1) and any corner or monument established by the General Land Office and its successor the Bureau of Land Management including section subdivision corners down to and including one-sixteenth corners; and • Any permanently monumented boundary, right-of-way alignment, or horizontal and vertical control points established by any governmental agency or private surveyor including street intersections but excluding dependent interior lot corners. 1-11.1(6) Control or Base Line Survey Control or Base Line Surveys shall be established for all construction projects that will create permanent structures such as roads, sidewalks, bridges, utility lines or appurtenances, signal or light poles, or any non-single-family building. Control or Base Line Surveys shall consist of such number of permanent monuments as are required such that every structure may be observed for staking or "as-builting" while occupying one such monument and sighting another such monument. A minimum of two of these permanent monuments shall be existing monuments, recognized and on record with the City of Renton. The Control or Base Line Survey shall occupy each monument in turn and shall satisfy all applicable requirements of Section 1-11.1 herein. The drawing depicting the survey shall be neat, legible, and drawn to an appropriate scale. North orientation should be clearly presented, and the scale shown graphically as well as noted. The drawing must be of such quality that a reduction thereof to one-half original scale remains legible. If recording of the survey with the King County Recorder is required, it will be prepared on 18 -inch by 1-11 RENTON SURVEYING STANDARDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 92 2025 24-inch mylar and will comply with all provisions of Chapter 58.09 RCW. A photographic mylar of the drawing will be submitted to the City of Renton and, upon their review and acceptance per the specific requirements of the project, the original will be recorded with the King County Recorder. If recording is not required, the survey drawing shall be prepared on 22-inch by 34-inch mylar, and the original or a photographic mylar thereof will be submitted to the City of Renton. The survey drawings shall meet or exceed the requirements of WAC 332-130-050 and shall conform to the City of Renton's Drafting Standards. American Public Works Association symbols shall be used whenever possible, and a legend shall identify all symbols used if each point marked by a symbol is not described at each use. An electronic listing of all principal points shown on the drawing shall be submitted with each drawing. The listing should include the point number designation (corresponding with that in the field notes), a brief description of the point, and northing, easting, and elevation (if applicable) values, all in ASCII format, on IBM PC compatible media. 1-11.1(7) Precision Levels Vertical Surveys for the establishment of benchmarks shall satisfy all applicable requirements of Sections 1-05 and 1-11.1. Vertical surveys for the establishment of benchmarks shall meet or exceed the standards, Specifications, and procedures of third order elevation accuracy established by the Federal Geodetic Control Committee. Benchmarks must possess both permanence and vertical stability. Descriptions of benchmarks must be complete to insure both recoverability and positive identification on recovery. 1-11.1(8) Radial and Station -- Offset Topography Topographic surveys shall satisfy all applicable requirements of Section 1-11.1 herein. All points occupied or back sighted in developing radial topography or establishing baselines for station-offset topography shall meet the requirements of Section 1-11.1 herein. The drawing and electronic listing requirements set forth in Section 1-11.1 herein shall be observed for all topographic surveys. 1-11.1(9) Radial Topography Elevations for the points occupied or back sighted in a radial topographic survey shall be determined either by, 1) spirit leveling with misclosure not to exceed 0.1 feet or Federal Geodetic Control Committee third order elevation accuracy Specifications, OR 2) trigonometric leveling with elevation differences determined in at least two directions for each point and with misclosure of the circuit not to exceed 0.1 feet. 1-11.1(10) Station--Offset Topography Elevations of the baseline and topographic points shall be determined by spirit leveling and shall satisfy Federal Geodetic Control Committee Specifications as to the turn points and shall not exceed 0.1 foot's error as to side shots. 1-11 RENTON SURVEYING STANDARDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 93 2025 1-11.1(11) As-Built Survey All improvements required to be "as-built" (post construction survey) per City of Renton Codes, TITLE 4 Building Regulations and TITLE 9 Public Ways and Property, must be located both horizontally and vertically by a Radial survey or by a Station offset survey. The "as-built" survey must be based on the same base line or control survey used for the construction staking survey for the improvements being "as-built". The "as-built" survey for all subsurface improvements should occur prior to backfilling. Close cooperation between the installing Contractor and the "as-builting" surveyor is therefore required. All "as-built" surveys shall satisfy the requirements of Section 1-11.1(1) herein and shall be based upon control or base line surveys made in conformance with these Specifications. The field notes for "as-built" shall meet the requirements of Section 1-11.1(4) herein and submitted with stamped and signed "as-built" drawings which includes a statement certifying the accuracy of the "as-built". The drawing and electronic listing requirements set forth in Section 1-11.1(6) herein shall be observed for all "as-built" surveys. 1-11.1(12) Monument Setting and Referencing All property or lot corners, as defined in 1-11.1(5), established or reestablished on a plat or other recorded survey shall be referenced by a permanent marker at the corner point per 1-11.2(1). In situations where such markers are impractical or in danger of being destroyed, e.g., the front corners of lots, a witness marker shall be set. In most cases, this will be the extension of the lot line to a tack in lead in the curb. The relationship between the witness monuments and their respective corners shall be shown or described on the face of the plat or survey of record, e.g., “Tacks in lead on the extension of the lot side lines have been set in the curbs on the extension of said line with the curb." In all other cases the corner shall meet the requirements of Section 1-11.2(1) herein. All non-corner monuments, as defined in 1-11.1(5), shall meet the requirements of Section 1- 11.2(2) herein. If the monument falls within a paved portion of a right-of-way or other area, the monument shall be set below the ground surface and contained with in a lidded case kept separate from the monument and flush with the pavement surface, per Section 1-11.2(3). In the case of right-of-way centerline monuments all points of curvature (PC), points of tangency (PT), street intersections, center points of cul-de-sacs shall be set. If the point of intersection (PI) for the tangents of a curve fall within the paved portion of the right-of-way, a monument can be set at the PI instead of the PC and PT of the curve. For all non-corner monuments set while under contract to the City of Renton or as part of a City of Renton approved subdivision of property, a City of Renton Monument Card (furnished by the city) identifying the monument; point of intersection (PI), point of tangency (PT), point of curvature (PC), one-sixteenth corner, Plat monument, street intersection, etc., complete with a description of the monument, a minimum of two reference points and NAD 83/91 coordinates, and NAVD 88 elevation shall be filled out and filed with the city. 1-11 RENTON SURVEYING STANDARDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 94 2025 1-11.2 Materials 1-11.2(1) Property/Lot Corners Corners per 1-11.1(5) shall be marked in a permanent manner such as 1/2-inch diameter rebar 24 inches in length, durable metal plugs or caps, tack in lead, etc., and permanently marked or tagged with the surveyor's identification number. The specific nature of the marker used can be determined by the surveyor at the time of installation. 1-11.2(2) Monuments Monuments per 1-11.1(5) shall meet the requirements as set forth in City of Renton Standard Plans page H031 and permanently marked or tagged with the surveyor's identification number. 1-11.2(3) Monument Case and Cover Materials shall meet the requirements of Section 9-22 and City of Renton Standard Plans page H031. 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 95 2025 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.1 Description (Sediment Basin Cleaning PSP) Section 2-01.1 is supplemented with the following: The limits of clearing and grubbing (construction limits) shall be defined as being the construction limit lines as shown in the Plans. Where, in the opinion of the Engineer, any trees abutting or adjacent to the limits of clearing and grubbing are damaged and require removal, the Contractor shall remove such trees. Any trees flagged by the Engineer to remain within the clearing and grubbing limits shall be left undamaged by the Contractor’s operations. Any flagged trees, which are damaged, shall be replaced in kind at the Contractor’s expense. Existing landscaping outside the construction limits, including but not limited to, sod, rockeries, beauty bark, decorative gravel or rock, bushes, and shrubbery shall be protected from damage. The property owners shall be responsible for removing and/or relocating irrigation equipment, trees, shrubs, curbing, ornamental plants, and any other decorative landscaping materials within the construction limits that they wish to save. The Contractor shall give property owners 10 days’ written notice prior to removing landscaping materials. All landscaping materials that remain in the construction limits after that time period shall be removed and disposed of, by the Contractor, in accordance with Section 2-01 and the Plans. The Contractor shall receive approval from the Engineer prior to removal. 2-01.2 Disposal of Usable Material and Debris (Sediment Basin Cleaning PSP) Section 2-01.2 is supplemented with the following: The Contractor shall dispose of all debris by Disposal Method No. 2 – Waste Site. 2-01.5 Payment (Sediment Basin Cleaning PSP) Section 2-01.5 is supplemented with the following: The lump sum price for “Clearing and Grubbing” shall be full compensation for all Work described herein and shown in the Plans, including removing trees and shrubbery where shown in the Plans and directed by the Engineer. 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS 2-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters (Sediment Basin Cleaning PSP) Section 2-02.3(3) is revised and supplemented with the following: Item “1” is deleted and replaced with the following: Haul broken-up pieces to some off-project site. The section is supplemented with the following: In locations where pavement, sidewalk or driveway has been removed and that must remain open 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 96 2025 to traffic prior to final restoration, a temporary asphalt patch shall be installed. Temporary asphalt patches shall be in accordance with Section 5-06. 2-02.4 Measurement (Sediment Basin Cleaning PSP) Section 2-02.4 replaces the existing vacant section: Sawcutting existing cement and asphalt concrete pavements shall be measured by the linear foot along the sawcut, full depth. Wheel cutting of pavement will not be measured for separate payment, but shall be included in other items of Work. 2-02.5 Payment (Sediment Basin Cleaning PSP) Section 2-02.5 is supplemented with the following: "Saw Cutting", per lineal foot. "Remove Sidewalk", per square yard. "Remove Curb and Gutter", per lineal foot. "Cold Mix", per ton "Remove Asphalt Concrete Pavement," per square yard. "Remove Cement Concrete pavement," per square yard. "Remove existing ___________," per ___________. All costs related to the removal and disposal of structures and obstructions including saw cutting, excavation, backfilling, and temporary asphalt shall be considered incidental to and included in other items unless designated as specific bid items in the proposal. If pavements, sidewalks, or curbs lie within an excavation area and are not mentioned as separate pay items, their removal will be paid for as part of the quantity removed in excavation. If they are mentioned as a separate item in the proposal, they will be measured and paid for as provided under Section 2-02.5 and will not be included in the quantity calculated for excavation. 2-03 ROADWAY EXCAVATION AND EMBANKMENT 2-03.3 Construction Requirements (Sediment Basin Cleaning PSP) Section 2-03.3 is supplemented with the following: Roadway excavation shall include the removal of all materials excavated from within the limits shown on the Plans. Suitable excavated material shall be used for embankments, while surplus excavated material or unsuitable material shall be disposed of by the Contractor. Earthwork quantities and changes will be computed, either manually or by means of electronic data processing equipment, by use of the average end area method. Any changes to the proposed Work as directed by the Engineer that would alter these quantities shall be calculated by the Engineer and submitted to the Contractor for his review and verification. Any excavation or embankment beyond the limits indicated in the Plans, unless ordered by the Engineer, shall not be paid for. All Work and material required to return these areas to their original conditions, as directed by the Engineer, shall be provided by the Contractor at his sole expense. All areas shall be excavated, filled, and/or backfilled as necessary to comply with the grades shown on the Plans. In filled and backfilled areas, fine grading shall begin during the placement and the compaction of the final layer. In cut sections, fine grading shall begin within the final six (6) inches 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 97 2025 of cut. Final grading shall produce a surface, which is smooth and even, without abrupt changes in grade. Excavation for curbs and gutters shall be accomplished by cutting accurately to the cross sections, grades and elevations shown. Care shall be taken not to excavate below the specified grades. The Contractor shall maintain all excavations free from detrimental quantities of leaves, brush, sticks, trash, and other debris until final acceptance of the Work. Following removal of topsoil or excavation to grade, and before placement of fills or base course, the subgrade under the roadway shall be proof-rolled to identify any soft or loose areas which may warrant additional compaction or excavation and replacement. The Contractor shall provide temporary drainage or protection to keep the subgrade free from standing water. Acceptable excavated native soils shall be used for fill in the area requiring fills. Care shall be taken to place excavated material at the optimum moisture content to achieve the specified compaction. Any native material used for fill shall be free of organics and debris, and have a maximum particle size of 6 inches. It shall be the responsibility of the Contractor to prevent the native materials from becoming saturated with water. The measures may include sloping to drain, compacting the native materials, and diverting runoff away from the materials. If the Contractor fails to take such preventative measures, any costs or delay related to drying the materials shall be at his own expense. If the native materials become saturated, it shall be the responsibility of the Contractor to dry the materials, to the optimum moisture content. If sufficient acceptable native soils are not available to complete construction of the roadway embankment, Gravel Borrow shall be used. If subgrade trimmer is not required on the project, all portions of Section 2 -03 shall apply as though a subgrade trimmer were specified. If sufficient acceptable native soils, as determined by the Engineer, are not available to complete construction of the roadway embankment, Gravel Borrow meeting the requirements of Section 9- 03.14 of the Standard Specifications, shall be used. 2-03.4 Measurement (Sediment Basin Cleaning PSP) Section 2-03.4 is supplemented with the following: At the discretion of the Engineer, roadway excavation, borrow excavation, and unsuitable foundation excavation - by the cubic yard (adjusted for swell) may be measured by truck in the hauling vehicle at the point of loading. The Contractor shall provide truck tickets for each load removed. Each ticket shall have the truck number, time and date, and be approved by the Engineer. 2-03.5 Payment (Sediment Basin Cleaning PSP) Section 2-03.5 is revised with the following: Payment for embankment compaction will not be made as a separate item. All costs for embankment compaction shall be included in other bid items involved. Payment will be made for the following bid items when they are included in the proposal: “Roadway Excavation Including Haul,” per cubic yard “Removal and Replacement of Unsuitable Foundation Material,” per ton “Gravel Borrow Including Haul,” per ton 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 98 2025 “Roadway Excavation Including Haul” shall be considered incidental and part of the bid item(s) provided for the installation of the utility mains and appurtenances. When the Engineer orders excavation below subgrade, then payment will be in accordance with the item “Removal and Replacement of Unsuitable Foundation Material”. In this case, all items of Work other than roadway excavation shall be paid at unit contract prices. The unit contract price per cubic yard for “Roadway Excavation Including Haul” shall be full pay for excavating, loading, placing, or otherwise disposing of the material. The unit contract price per ton for “Removal and Replacement of Unsuitable Foundation Material” shall be full pay for excavating, loading, and disposing of the material. Payment for embankment compaction will not be made as a separate item. All costs for embankment compaction shall be included in other bid items involved. 2-04 HAUL 2-04.5 Payment (Sediment Basin Cleaning PSP) Delete Section 2-04.5 and replace with the following: All costs for the hauling of material to, from, or on the job site shall be considered incidental to and included in the unit price of other units of Work. 2-06 SUBGRADE PREPARATION 2-06.5 Measurement and Payment (Sediment Basin Cleaning PSP) Section 2-06.5 is supplemented with the following: Subgrade preparation and maintenance including watering shall be considered as incidental to the construction and all costs thereof shall be included in the appropriate unit or lump sum contract bid prices. 2-09 STRUCTURE EXCAVATION 2-09.1 Description (Sediment Basin Cleaning PSP) Section 2-09.1 is supplemented with the following: This Work also includes the excavation, haul, and disposal of all unsuitable materials such as peat, muck, swampy or unsuitable materials, including buried logs and stumps. 2-09.3(1)D Disposal of Excavated Material (Sediment Basin Cleaning PSP) Section 2-09.3(1)D is revised with the following: The second paragraph is deleted and replaced with: All costs for disposing of excavated material within or external to the project limits shall be included in the unit contract price for structure excavation, Class A or B. 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 99 2025 The third paragraph is deleted and replaced with: If the Contract includes structure excavation, Class A or B, including haul, the unit contract price shall include all costs for loading and hauling the material the full required distance, otherwise all such disposal costs shall be considered incidental to the Work. 2-09.4 Measurement (Sediment Basin Cleaning PSP) The ninth paragraph of Section 2-09.4 is deleted and replaced with the following: Gravel backfill - Gravel backfill, except when used as bedding for culvert, storm sewer, sanitary sewer, manholes, and catch basins, will be measured by the cubic yard in place determined by the neat lines required by the Plans or by the ton as measured in conformance with Section 1-09.2. … 2-09.5 Payment (Sediment Basin Cleaning PSP) Section 2-09.5 is revised and supplemented with the following: Payment will be made for the following bid items when they are included in the proposal: “Structure Excavation Class A”, per cubic yard. “Structure Excavation Class B”, per cubic yard. “Structure Excavation Class A Incl. Haul”, per cubic yard. “Structure Excavation Class B Incl. Haul”, per cubic yard. Payment for reconstruction of surfacing and paving, within the limits of structure excavation, will be at the applicable unit prices for the items involved. If the Engineer orders the Contractor to excavate below the elevations shown in the Plans, the unit contract price per cubic yard for “Structure Excavation Class A or B” will apply. But if the Contractor excavates deeper than the Plans or the Engineer requires, the Contracting Agency will not pay for material removed from below the required elevations. In this case, the Contractor, at no expense to the Contracting Agency, shall replace such material with concrete or other material the Engineer approves. The unit contract price per cubic yard for the bid items listed as 1 through 4 above shall be full pay for all labor, materials, tools, equipment, and pumping, or shall be included in the unit bid price of other items of Work if "Structure Excavation" or "Structure Excavation Incl Haul" are not listed as pay items in the Contract. “Shoring or Extra Excavation Class B”, per square foot. The unit contract price per square foot shall be full pay for all excavation, backfill, compaction, and other Work required when extra excavation is used in lieu of constructing shoring. If select backfill material is required for backfilling within the limits of the structure excavation, it shall also be required as backfill material for the extra excavation at the Contractor’s expense. Any excavation or backfill material being paid by unit price shall be calculated by the Engineer only for the neat line measurement of the excavation and shall not include the extra excavation beyond the neat line. If there is no bid item for shoring or extra excavation Class B on a square foot basis and the nature of the excavation is such that shoring or extra excavation is required as determined by the Engineer, then shoring or extra excavation shall be considered incidental to the Work involved and no further compensation shall be made. “Gravel Backfill (Kind) for (Type of Excavation)”, per cubic yard or per ton. When gravel backfill is paid by the ton, the Contractor shall take care to assure to the satisfaction of the Engineer that such per ton backfill is only being used for the specified purpose and not for 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 100 2025 purposes where backfill is incidental or being paid by cubic yard. Evidence that per ton gravel backfill is not being used for its designated purpose shall be grounds for the Engineer to deny payment for such load tickets. 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 101 2025 9-14 EROSION CONTROL AND ROADSIDE PLANTING 9-14.2(1) Topsoil Type A (Sediment Basin Cleaning PSP) Section 9-14.2(1) is supplemented with the following: Planting soil / topsoil shall consist of loose, moderately well-drained, friable soil of sandy loam texture, free of ice, snow and rubbish with no admixture of refuse or material toxic to plant growth. Soil shall be reasonably free of stones, lumps, roots, and weeds or similar objects. Topsoil should be fertile and free-flowing (pulverized). Topsoil shall be Mycorrhizae inoculated. Topsoil shall meet the following parameters: Parameter Range pH 6.7-7.5 Moisture Content 25%-55% Soluble Salts 2.5 mmhos/(dS) Coarse Sand 50%max (by weight) Clay 25%max (by weight) Silt 15%max (by weight) Organic matter 10%max (by weight) 9-14.5(10) Hydroseeding (Sediment Basin Cleaning PSP) Section 9-15.5(10) is a new section and subsections: 9-14.5(10)A Description Contractor shall Hydroseed disturbed areas - as a result of the construction activities - adjacent to the sedimentation pond and stockpile areas as approved by the City. 9-14.5(10)B Products 9-14.5(10)B1 Submittals Submit seed vendor’s certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination, and weed seed for each grass species. A. Perform seeding work only after planting and other work affecting ground surface has been completed. B. Restrict all disturbances or other activities in seeded areas until grass is established. Erect signs and barriers as required. C. Provide watering equipment as required. 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 102 2025 9-14.5(10)B2 Materials, Seed A. On the pond slopes the following grass mix shall be used at a rate of 65 lb/acre: Red fescue Festuca rubra 40% Annual or perennial rye Lolium multiflorum Lolium perenne 40% Colonial bentgrass Agrostis tenuis 20% B. Wood Cellulose Fiber Mulch: Degradable green dyed wood cellulose fiber free from weeds or other foreign matter toxic to seed germination and suitable for hydromulching. C. Soil Binder or Tacking Agent: Liquid concentrate diluted with water forming a transparent 3- dimensional film-like crust permeable to water and air and containing no agents toxic to seed germination. Contractor shall comply with all environmental regulations and manufacturers recommendations regarding fertilizer use. 9-14.5(10)C Transportation, Delivery, Storage and Handling A. Submit seed vendor’s certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination, and weed seed for each grass species. 9-14.5(10)D Installation A. Perform seeding work only after planting and other work affecting ground surface has been completed. B. Restrict all disturbances or other activities in seeded areas until grass is established. Erect signs and barriers as required. C. Provide watering equipment as required. D. Limit preparation to areas which will be immediately seeded. E. Loosen topsoil of areas to be seeded to minimum depth of 4 inches. F. Grade area to be seeded. Remove ridges and fill depressions as required to drain. G Seed immediately after preparation of bed. Spring seeding shall occur between April 1 and June 1 and fall seeding shall occur between September 1 and October 31 or at such other times acceptable to the City. H. Seed indicated areas within contract limits and areas adjoining contract limits disturbed as a result of construction operations. I. Perform seeding operations when the soil is dry and when winds do not exceed 5 miles per hour. J. The contractor shall use the double application method for all hydroseeding as follows: Mulching 1. Mulch cover shall be applied at 2,000 lbs/acre as follows: 2. First application: 100 percent seed mix with 25 percent of mulch. 3. Second application: tackifier with 75 percent of mulch 9-14.5(10)D1 Tacking Agent 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 Project Special Provisions SWP-27-2057 103 2025 Tacking Agent A. Tacking agent shall be applied by approved hydraulic equipment. distribution and discharge lines shall be equipped with a set of hydraulic discharge spray nozzles which will provide a uniform distribution of the material. Tacking agent shall be applied at 80 gal/acre. Contractors shall comply with all environmental regulations and manufacturers recommendations 9-14.5(10)E Cleaning A. Perform cleaning during installation of the work and upon completion of the work. Remove from the site all excess materials, debris and equipment. Repair damage to any project features. 9-14.5(10)F Warranty A. Hydroseeded areas will be inspected 1 week after germination to determine if coverage of seeding is acceptable. B. A uniform stand of grass and wildflowers over 90 percent of seeded area shall be obtained by watering and maintaining until final acceptance. Areas which fail to provide a uniform stand of grass shall be reseeded. Areas reseeded will not be accepted until the coverage required herein is obtained. City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2024 CAG-24-174 ______________________________________________________________________________ APPENDICES City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sedimentation Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix A – Washington State Prevailing Hourly Minimum Wage Rate References CAG-25-110 Maplewood Creek and Madsen Creek Appendix A – Washington State Prevailing Sediment Basin Cleaning Project 2025-2026 Minimum Hourly Wage Rate Reference SWP-27-2057 Page 1 of 1 2025 WASHINGTON STATE PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS REFERENCE The State of Washington Prevailing Wage Rates applicable for this public works contract, which is located in _King_ County, may be found at the following website address of the Department of Labor and Industries: https://secure.lni.wa.gov/wagelookup/ Check with the Department of Labor and Industries for any questions regarding Prevailing Wage Rates, and for a copy of all trade classifications. Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is May 2025. A copy of the applicable prevailing wages rates is also available for viewing at the office of the Owner, located at _Renton City Hall, 1055 South Grady Way, Renton, Washington. Upon request, the Owner will mail a hard copy of the applicable prevailing wage rates for this project. The State of Washington “Statement of Intent to Pay Prevailing Wages – Public Works Contract” and “Affidavit of Wages Paid – Public Works Contract” may be filed online with the Department of Labor and Industries. City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sedimentation Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix B – Traffic Control Information CAG-25-110 Maplewood Creek and Madsen Creek Sedimentation Basin Cleaning Project- 2025-2026 Appendix B - Traffic Control SWP-27-2057 Page 1 2025 TRAFFIC CONTROL The City of Renton requires any contractor, firm, corporation, or other public/private agency to prepare a traffic control plan and obtain City’s approval of that plan when construction, repair, or maintenance work is to be conducted within the City’s right-of- way. The plan shall be consistent with the provisions found in the State of Washington Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, Special Provisions Section 1-10.2(2) and the Contract Documents. Traffic Control Plan shall be submitted to the City for review at or prior to the Preconstruction Meeting. Traffic Control Standard Plans, application and requirements can be found on the City’s website: https://www.rentonwa.gov/City-Services/Permit-Services/Traffic-Control-Plan The Contractor shall be responsible for assuring that traffic control is installed and maintained in conformance to established standards. The Contractor shall continuously evaluate the operation of the traffic control plan and take prompt action to correct any problems that become evident during operation. See Special Provisions Section 1-10 for additional requirements. City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix C – Maplewood Creek Permits Washington State Hydraulic Project Approval Permit Number: 2024-4-111+01 Maplewood Creek Sediment Basin is Location #14 Army Corps of Engineers Nationwide Permit Reference: NWS-2007-668 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton Surface Water Utility ATTENTION: Bowen Spellman 1055 S Gardy Way Renton, WA 98057 Project Name:City of Renton Citywide Drainage Maintenance Project Description:Maintain City owned storm water facilities including culverts, ditches, catch basins, pipes, and sediment basins. Typically the work includes clearing vegetation, debris, and accumulated sediment from facilities to restore flow capacity and prevent flooding. PROVISIONS 1. This 5-YEAR STANDARD Hydraulic Project Approval (HPA) is issued for: A. Removal of accumulated sediment from identified stormwater facilities (culverts, ditches, catch basins, pipes). B. Removal of small woody material, trash, vegetation from pipe ends, culverts, and sediment ponds. C. Removal of sediment from an existing inline sediment pond on Madsen Creek, including: i. Relocation of large woody material downstream of the sediment pond below the ordinary high water line. D. Removal of sediment from an existing in-line sediment pond on Maplewood Creek, including: i. Relocation of large woody material downstream of the sediment pond below the ordinary high water line. NOTE: Large woody material is defined as tree or tree parts larger than four inches in diameter and longer than six feet, or rootwads, wholly or partially waterward of the ordinary high water line. NOTE: Work conducted under this approval is limited to maintenance at the sites identified in Provision 4. NOTE: This hydraulic project approval does not authorize the replacement of the existing bypass pipeline or grade control structures associated with the Maplewood Creek Sediment Basin or the Madsen Creek Sediment Basin. NOTE: If the applicant cannot comply with the provisions of this HPA due to site-specific or other concerns, a separate written Hydraulic Project Approval may be sought from the local Habitat Biologist for the project. NOTE: Additional mitigation may be required to remove sediment from Maplewood Creek Sediment Pond. A pre-work meeting with the local Habitat Biologist is required to determine stream condition and potential mitigation prior to work occurring. 2. This HPA does not authorize removal of large woody material (LWM), or beaver dam management/maintenance activities. LWM is defined as tree or tree parts larger than four inches in diameter and longer than six feed or rootwards. TIMING - PLANS - INVASIVE SPECIES CONTROL 3. TIMING LIMITATION: You may begin the project immediately and you must complete the project by March 4, 2029, Page 1 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 provided work below the ordinary high water line (OHWL) may only occur during the times specified by fish use. In fish-bearing streams, work must occur only between July 1 and August 31 of a given year. In non-fish-bearing streams, work must only occur between June 15 and September 30 of a given year OR when the stream is natural dry. EXCEPTION: LWM repositioning or relocation may occur year-round provided hand tools are used. NOTE: Consult with the Washington Department of Fish and Wildlife Habitat Biologist if fish-use at a site is uncertain in order to confirm the proper timing window. 4. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "Exhibit A Citywide Site Map.pdf", entitled "Exh B-Facility List 2023.pdf", entitled "Exh C - Routine Maintenance Task.pdf", entitled "Exhibit F Utility Easements.pdf", entitled "Exhibit D.pdf", uploaded to APPS on December 19, 2023, and all supporting documents and communications uploaded to the Aquatic Protection Permitting System (APPS) project file; except as modified by this HPA. You must have a copy of these plans available on site during all phases of the project proposal. 5. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. NOTIFICATION REQUIREMENTS 6. NOTIFICATION PRIOR TO WORK START: You, your agent, or contractor must notify the Washington Department of Fish and Wildlife by email at HPA applications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360)-902-2946 at least three business days before starting work. If the notification is via email, the Habitat Biologist should also be notified. You can identify the local WDFW Habitat Biologist per project area by using the following URL: https://wdfw.maps.arcgis.com/apps/MapJournal/index.html? appid=48699252565749d1b7e16b3e34422271 no less than three working days prior to the start of work. The notification must include: a. permittee's name b. project location c. watercourse name d. starting date and estimated end date for work e. application ID f. permit number 7. SEDIMENT POND NOTIFICATIONS: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife Habitat Biologist at least three business days before starting work and within seven days after completing work at the Maplewood Creek and Madsen Creek sediment ponds. The notification must include the permittee's name, project location, starting/ending date, and the HPA permit number. 8. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. ANNUAL REPORTING REQUIREMENT Page 2 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 10. ANNUAL REPORT: An annual report detailing maintenance activities must be uploaded to Application 33369 in the Aquatic Protection Permitting System (APPS) under Post Permit Requirements OR emailed HPAapplications@dfw.wa.gov by February 28 of the following year. In the final year of the HPA, the report must be submitted prior to the expiration date. An annual report is required even if no work was conducted. The annual report must include: a. Permittee, contact person, address, telephone number, date or report, time period. b. Problem(s) encountered: Such as inability to comply with provisions, lack of notification to WDFW, corrective action taken to rectify problems, and impacts to fish life and water quality form activity c. Recommendations for improvement to best management practices and work methods. d. List of individual projects completed: By site identification number, date and duration of work, description of work, LWM removed or repositioned, fish exclusion work. e. Photographs of the job site before the work begins and after the work is completed. 9. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must include pre- and post- work photographs in your annual report. STAGING, JOB SITE ACCESS, AND EQUIPMENT 11. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 12. Limit the trimming of native vegetation to the minimum amount needed to perform the maintenance activities. 13. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may remove these natural features during the project but you must place them near the pre-project location before leaving the job site. 14. Limit the use of equipment waterward of the ordinary high water line to hand-held equipment and hand-held tools whenever site conditions and the maintenance activity to be conducted can be completed without larger equipment. 15. Station and operate equipment used for this project landward of the OHWL, except where it is necessary for equipment to enter the Maplewood Creek and Madsen Creek sediment ponds. 16. If wet or muddy conditions exist, in or near a riparian zone or wetland area, use equipment that reduces ground pressure. 17. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 18. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 19. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 20. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 21. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 22. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 23. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 24. Route construction water (wastewater) from the project to an upland area above the limits of anticipated floodwater. Page 3 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 Remove fine sediment and other contaminants before discharging the construction water to waters of the state. 25. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater unless the material is approved by the Washington Department of Fish and Wildlife for reuse in the project. 26. Deposit all trash from the project at an appropriate upland disposal location. IN-WATER WORK AREA ISOLATION USING A TEMPORARY BYPASS 27. Design the temporary bypass to minimize the length of the dewatered stream channel. 28. Sequence the work to minimize the duration of dewatering. 29. Isolate fish from the work area by using either a total or partial bypass to reroute the stream through a temporary channel or pipe. 30. Use the least-impacting feasible method to temporarily bypass water from the work area. Consider the physical characteristics of the site and the anticipated volume of water flowing through the work area. 31. Install a cofferdam or similar device at the upstream and downstream end of the bypass to prevent backwater from entering the work area. 32. If the diversion inlet is a gravity diversion that provides fish passage, place the diversion outlet where it facilitates gradual and safe reentry of fish into the stream channel. 33. If the bypass is a pumped diversion, once started it must run continuously until it is no longer necessary to bypass flows. This requires back-up pumps on-site and twenty-four-hour monitoring for overnight operation. 34. If the diversion inlet is a pump diversion in a fish-bearing stream, the pump intake structure must have a fish screen installed, operated, and maintained in accordance with RCW 77.57.010 and 77.57.070. Screen the pump intake with one of the following: a) Perforated plate: 0.094 inch (maximum opening diameter); b) Profile bar: 0.069 inch (maximum width opening); or c) Woven wire: 0.087 inch (maximum opening in the narrow direction). The minimum open area for all types of fish screens is twenty-seven percent. The screened intake facility must have enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Maintain fish screens to prevent injury or entrapment of fish. 35. The fish screen must remain in place whenever water is withdrawn from the stream through the pump intake. 36. Return water flow slowly to the in-water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re-watering of the channel. 37. During all phases of bypass installation and decommissioning, maintain flows downstream of the project site to ensure survival of all downstream fish. 38. To minimize sediment delivery to the stream or stream channel, do not return in-stream flows to the work area until all in-channel work is completed and the bed and banks are stabilized. 39. Return diverted water to the channel immediately downstream of the work area. Dissipate flow energy from the diversion to prevent scour or erosion of the channel and bank. 40. The approved bypass method includes the use of an existing bypass pipe combined with placement of a temporary cofferdam at the upstream end of the project (and a cofferdam downstream if needed to prevent backwatering of the project area). FISH LIFE REMOVAL 41. All persons participating in capture and removal must have training, knowledge, and skills in the safe handling of fish life. Page 4 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 42. If electrofishing is conducted, a person with electrofishing training must be on-site to conduct or direct all electrofishing activities. 43. Capture and safely move fish life from the work area to the nearest suitable free-flowing water. SEDIMENT REMOVAL 44. Work in the dry water-course (when no natural flow is occurring in the channel, or when flow is diverted around the job site). 45. Do not remove streambed sediment in fish spawning areas except to remove clumps of vegetation from the channel. For the purpose of this HPA, spawning areas are defined as portions of the streambed with rounded gravel deposits. 46. Accomplish dredging by starting at the upstream end of the job site boundary and working downstream. 47. Limit dredging to deepening the streambed (re-establishing original pond grades). Do not disturb the banks. 48. To avoid fish stranding, the bed must not contain pits, potholes, or large depressions upon completion of the dredging. MADSEN CREEK SEDIMENT POND AND MAPLEWOOD SEDIMENT POND 49. Prior to removing sediment from the Maplewood Sediment Pond, the city must meet with the Habitat Biologist to walk the downstream channel of Maplewood Creek and determine the condition of the stream. Meeting will determine what, if any, mitigation will be needed to offset the impacts of removing sediment. 50. To minimize sediment delivery to the stream or stream channel, do not return in-stream flows to the work area until all in-channel work is completed and the bed and banks are stabilized. Return water flow slowly to the in-water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re-watering of the channel. 51. All pieces of wood that have accumulated in the sediment pond that meet the definition of large woody material (trees or tree parts larger than four inches in diameter and longer than six feet, or rootwads, wholly or partially waterward of the ordinary high water line) must be relocated downstream of the sediment pond below the ordinary high water line. Large woody material may only be cut into smaller pieces to allow repositioning. Any large woody material pieces cut must be left in as least six-foot-long sections, with 20-foot-long sections preferred. LARGE WOODY MATERIAL 52. All natural non-embedded large woody material waterward of the OHWL must be retained intact, but may be repositioned if necessary. If non-embedded woody material must be moved: a. All woody material must be repositioned below the OHWL or floated free immediately downstream of the work site to provide functional fish habitat. b. Large woody material must not be destroyed or reduced in value as fish habitat. Large woody material must not be cut into smaller pieces. Root wads must not be removed from the trunk (bole). Boles must not be reduced in size. c. Natural woody material that is smaller than large woody material may be, in order of preference, repositioned within the stream, floated downstream, deposited on the bank or removed and used at a restoration site within the same watershed. d. If releasing or repositioning large woody material downstream of a worksite could create an unsafe hazard to life, the public, property or roadway infrastructure, the large woody material may be placed below the OHWL at another location within the same waterbody. e. If cutting or removal of large woody material is proposed, the work must be permitted under a separate HPA. 53. Do not disturb large woody material embedded in a bank or bed except as approved by the Washington Department of Fish and Wildlife. 54. Large woody material repositioning must be accomplished in a manner that minimizes the release of bedload, logs, or debris downstream. Page 5 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 LOCATION #1:Site Name: A-1 SW 23rd St/E Valley Rd , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Panther Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 30 23 N 05 E 47.459 -122.22263 King Location #1 Driving Directions LOCATION #2:Site Name: A-2 East Valley Road, north of SW 41st , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Spring Brook Creek Black River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 30 23 N 05 E 47.44675 -122.21808 King Location #2 Driving Directions 55. Do not drag large woody material. Suspend large woody material placement, repositioning, or removal so it does not damage the bed or banks. 56. Place the large woody material directly back in the channel immediately downstream of the structure. DEMOBILIZATION AND CLEANUP 57. Upon completion of the project, restore the disturbed bed, banks, and riparian zone to preproject or improved habitat condition to the extent possible. 58. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-establishing plant species. 59. Replace native riparian zone vegetation damaged or destroyed by maintenance activities with native trees and shrubs. Plant trees 10 feet on center and shrubs five feet on center. 60. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. 61. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. Page 6 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 LOCATION #3:Site Name: A-3 Channel, east side of Home Depot , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 20 23 N 05 E 47.4713 -122.2064 King Location #3 Driving Directions LOCATION #4:Site Name: A-4 Renton Village/ Rolling Hills , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 19 23 N 05 E 47.4686 -122.2126 King Location #4 Driving Directions LOCATION #5:Site Name: A-5 Panther Creek Culvert, SE 192nd St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Panther Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 22 N 05 E 47.43008 -122.1983 King Page 7 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 Location #5 Driving Directions LOCATION #6:Site Name: A-6 Panther Creek Culvert, 108th Ave , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Panther Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 22 N 05 E 47.4287 -122.1972 King Location #6 Driving Directions LOCATION #7:Site Name: B-1 NE 43rd St and Lincoln Ave , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 23 N 05 E 47.5147 -122.2057 King Location #7 Driving Directions LOCATION #8:Site Name: B-2 4652 Seahawks Way , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: Page 8 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 29 24 N 05 E 47.5348 -122.197 King Location #8 Driving Directions LOCATION #9:Site Name: B-4 Culvert, Channel Along SE 80th St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 24 N 05 E 47.5314 -122.1959 King Location #9 Driving Directions LOCATION #10: Site Name: B-5 4750 NE Lake Wash. Blvd. , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 24 N 05 E 47.5342 -122.1959 King Location #10 Driving Directions LOCATION #11: Site Name: B-6 1842 NE 20th St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown Page 9 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 23 N 05 E 47.5096 -122.1951 King Location #11 Driving Directions LOCATION #12: Site Name: B-7 Meadow Ave N and N 28th St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 23 N 05 E 47.5166 -122.1998 King Location #12 Driving Directions LOCATION #13: Site Name: C-1 201 Taylor Ave S , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 18 23 N 05 E 47.4854 -122.2198 King Location #13 Driving Directions LOCATION #14: Site Name: D-1 Sediment Basin at Maplewood Golf Course , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: Page 10 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 08 - Cedar - Sammamish Maplewood Creek (rb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 15 23 N 05 E 47.4746 -122.1636 King Location #14 Driving Directions LOCATION #15: Site Name: D-2 Culvert on Maple Valley Hwy, east of 161st Ave , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4631 -122.1239 King Location #15 Driving Directions LOCATION #16: Site Name: D-3 161st Ave SE, south of SE 156th St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 07 - Snohomish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4621 -122.1257 King Location #16 Driving Directions LOCATION #17: Site Name: D-4 Sediment Basin at Madsen Creek , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 Page 11 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Madson Creek (lb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4627 -122.1423 King Location #17 Driving Directions LOCATION #18: Site Name: D-5 Ginger Creek Culvert at SE 160th St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 21 23 N 05 E 47.4613 -122.1783 King Location #18 Driving Directions LOCATION #19: Site Name: D-6 Culvert at SE Petrovitsky Rd, Molasses Creek , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Molasses Creek (lb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 27 23 N 05 E 47.4462 -122.1642 King Location #19 Driving Directions LOCATION #20: Site Name: D-7 Maplewood Creek Outfall and Check Dam, NE 4th St , , WA Page 12 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Maplewood Creek (rb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 17 23 N 05 E 47.4884 -122.1962 King Location #20 Driving Directions LOCATION #21: Site Name: D-8 Madson Creek Outfall. 149th Ave , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Madson Creek (lb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4665 -122.1429 King Location #21 Driving Directions LOCATION #22: Site Name: E-1 NE Sunset Blvd and Duvall Ave NE , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 04 23 N 05 E 47.505 -122.1665 King Location #22 Driving Directions LOCATION #23: Site Name: E-2 Honey Creek Culvert along Hoquiam Ave NE , , WA Page 13 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 LOCATION #23: Site Name: E-2 Honey Creek Culvert along Hoquiam Ave NE , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 03 23 N 05 E 47.5051 -122.153 King Location #23 Driving Directions LOCATION #24: Site Name: E-3 Honey Creek Culvert under Union Ave NE , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 03 23 N 05 E 47.5041 -122.1645 King Location #24 Driving Directions LOCATION #25: Site Name: E-4 Honey Creek Outfall east of Anacortes , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 03 23 N 05 E 47.5038 -122.1601 King Location #25 Driving Directions LOCATION #26: Site Name: F-1 Big Soos Creek Culvert about 11108 SE 168th St , , WA Page 14 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 Site Name: F-1 Big Soos Creek Culvert about 11108 SE 168th St , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Big Soos Creek Green River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 23 N 05 E 47.4523 -122.1918 King Location #26 Driving Directions LOCATION #27: Site Name: F-2 Big Soos Creek Culvert at 116th Ave SE , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Big Soos Creek Green River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 28 23 N 05 E 47.4465 -122.1861 King Location #27 Driving Directions LOCATION #28: Site Name: F-3 Big Soos Creek culvert at SE Petrovistky Rd , , WA WORK START:March 5, 2024 WORK END:March 4, 2029 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Big Soos Creek Green River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 28 23 N 05 E 47.4452 -122.1827 King Location #28 Driving Directions Page 15 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 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. 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 civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. Page 16 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. Page 17 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist bethany.scoggins@dfw.wa.gov for Director WDFWBethany Scoggins 425-420-0601 Page 18 of 18 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2024-4-111+01 FPA/Public Notice Number: N/A Application ID: 33686 Project End Date: March 04, 2029 Issued Date: March 05, 2024 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 4735 EAST MARGINAL WAY SOUTH, BLDG 1202 SEATTLE, WA 98134-2388 Regulatory Branch February 14, 2024 Joe Farah City of Renton, Public Works Department, Surface Water Utility 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2007-688 Renton, City of (Maplewood Creek Sediment Basin) Dear Mr. Farah: We have reviewed your application to place a temporary diversion dam and temporary materials for sediment basin maintenance and to place spawning gravel and replace boulders or large woody debris in Maplewood Creek at Renton, King County , Washington. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance and NWP 27 Aquatic Habitat Restoration, Enhancement, and Establishment Activities (Federal Register December 27, 2021, Vol. 86, No. 245), authorizes your proposal as depicted on the enclosed drawings dated April 2023. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3 and NWP 27, Terms and Conditions and the following special conditions: a. In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 1 through August 31 in any year this permit is valid. You shall not conduct work authorized by this permit from September 1 through June 30 in any year this permit is valid. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts , found in the Nationwide Permit Terms and Conditions enclosure, -2- details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination decision for this NWP. No further coordination with Ecology for WQC and CZM is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project, you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 14, 2026, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the NWP authorization has not been completed by that date and you have commenced or are under contract to commence this activity before March 14, 2026, you will have until March 14, 2027, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at nws.compliance@usace.army.mil. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey . Referenced documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Permit Information”. A copy of this letter with enclosures will be furnished to Mr. Jim Shannon at jshannon@haleyaldrich.com . If you have any questions, please contact me at sarah.l.albright@usace.army.mil or (206) 764-6665. -3- Sincerely, Sarah Albright-Garland, Project Manager Regulatory Branch Enclosures cc: Ecology (ecyrefedpermits@ecy.wa.gov ) Renton Sediment Basin CleaningRenton, Washington Vicinity Map 0205556-000 4/23 Figure1 N 2,800 0 2,8001,400 Feet RentonSeattle UV169 City of Renton Maplewood CreekSediment Basin Map l e w o o d C r e e k Ced a r R i v e r Mad s e n C r e e k Mol a s s e s C r e e k NWS-2007-688 MAP L E W O O D CRE E K (ex. l o w f l o w c h a n n e l ) 0 300 600 Scale in Feet REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ PLAN VIEW LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 2 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W Ex. Sediment Basin FLO W MAPLEWOOD CREEKEx. Inlet and Bypass Pipe McCarty Property Ex. Flow Splitter, See Detail Ex. High Flow Channel (dry) PROPOSED: S = Sediment Removal Location (typical) G = Gravel Placement Location (typical) V = Vegetation Thinning Location (typical) FL O W G,V G,V S,V S,V MAPLEWOOD GOLF COURSE Ma p l e V a l l e y H i g h w a y - S R 1 6 9 C e d a r R i v e r F L O W PROPOSED: GRAVEL SEE DETAIL PROPOSED: CHANNEL CLEANING SEE DETAIL April 2023 NWS-2007-688 0 50 100 Scale in Feet REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ PLAN VIEW - SEDIMENT BASIN LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 3 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W Existing Sediment Basin MAPLEWOOD CREEK Ex. Concrete Inlet Ex. 18" Bypass Pipe PROPOSED: TEMPORARY DIVERSION DAM SEE DETAIL FL O W FLOW Proposed: Remove Sediment Ex. 18" Bypass Pipe PROPOSED: DIVERT FLOW INTO EX. BYPASS PIPE DURING BASIN CLEANING PROPOSED: REMOVE SEDIMENT FLOW BYPASS FLOW Ex. Overflow Spillway Ex. Fish Weir Ex. Fish Ladder A A Top of Bank OHWL OHWL Ex. Access Road April. 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ SECTION VIEW - SEDIMENT BASIN LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 4 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W CROSS-SECTION A-A SEDIMENT BASIN PROPOSED: REMOVE ACCUMULATED SEDIMENT ABOVE AND BELOW OHWL Ex. PVC Liner Ex. Access Road EL 115.2 Ex. Basin Bottom EL 108.7 Ex. 18" Bypass Pipe 4 Ft. OHWL 1-FT IMPORT GRAVEL LAYER PROPOSED: PLACE NEW IMPORT GRAVEL TO RESTORE 1-FT THICK GRAVEL LAYER April 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ TEMPORARY DIVERSION DAM DETAIL LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 5 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 10 20 Scale in Feet MAPLEWOOD CREEK OHWL Ex. Concrete Inlet Ex. Bypass Pipe PROPOSED: TEMPORARY DIVERSION DAM PROPOSED: SANDBAGS PROPOSED: PLASTIC SHEET TO SEAL DAM, REDUCE UNDERFLOW FL O W B B ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED April 2023NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ DIVERSION DAM CROSS-SECTION LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 6 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W Existing Concrete Inlet and Bypass Pipe (on West Bank) PROPOSED: SANDBAGS TO SEAL EDGES AND ANCHOR PLASTIC CROSS-SECTION B-B PROPOSED TEMPORARY DIVERSION DAM PROPOSED: PLASTIC SHEETING TO SEAL DAM Ex.Channel Bottom FLOW PROPOSED: CONCRETE BLOCKS OR MEDIAL BAGS TO FORM DAM OHWL DEPTH 4 inches ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED April. 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ FLOW SPLITTER DETAIL LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 7 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 10 20 Scale in Feet PROPOSED: TEMPORARY DIVERSION BERM CONSTRUCTED OF SANDBAGS AND PLASTIC SHEETING FL O W FLO W To Low Flow Channel PROPOSED: REMOVE ACCUMULATED SEDIMENT Ex. Overflow Ex. Concrete Flow Splitter Structure C C MAPLEWOOD CREEK OHWL ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETEDChannel (dry) April. 2023NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ FLOW SPLITTER CROSS-SECTION LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 8 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W Ex. Concrete Flow Splitter PROPOSED: BERM FROM SANDBAGS AND PLASTIC SHEETING CROSS-SECTION C-C TEMPORARY DIVERSION BERM AT FLOW SPLITTER Channel Bottom Flow Coming Toward Page PROPOSED: REMOVE ACCUMULATED SEDIMENT OHWL DEPTH 4 inches Ex. Overflow Channel (dry) ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED April 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ TYPICAL GRAVEL PLACEMENT DETAIL LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 9 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 10 20 Scale in Feet PROPOSED: GRAVEL REPLACEMENT AREA (TYPICAL) PLACE 2 CY OF CLEAN GRAVEL SEE SECTION VIEW Ex. Root Log Ex. Boulder Clusters (typical) OHWL To p o f B a n k To p o f B a n k FL O W MA P L E W O O D C R E E K D D PROPOSED: THIN VEGETATION, IF NEEDED PROPOSED: THIN VEGETATION, ADJUST BOULDER LOCATIONS, IF NEEDED April. 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ GRAVEL PLACEMENT CROSS-SECTION LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 10 of 14 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W Ex. East Bank Ex. Shrubs and Cutting Planted by City Ex. Trees and Shrubs OHWL Water Depth 3" Ex. Original Gravel Layer 12" thick Eroded Gravel LevelPROPOSED: GRAVEL REPLACEMENT 12" THICK (max.) 2 CY OF CLEAN GRAVEL TYPICAL SECTION D-D (LOOKING UPSTREAM) Width 8' GRAVEL REPLACEMENT * IN HIGH FLOW AREA SIZE Percent Finer by Weight 12"-9" 100 - 70% 9"-6" 70 - 40% 6"-3" 40 - 20% <1"20% *NOTE - Gravel Size May Be Revised By WDFW PROPOSED: THIN VEGETATION, ADJUST BOULDER LOCATIONS, IF NEEDED GRAVEL REPLACEMENT * IN LOW FLOW AREA SIZE Percent Finer by Weight 4" 100 - 75% 2" 75 - 30% 1" 30 - 0% 1/4" 0% 0 5 10 Scale in Feet April . 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ TYPICAL CHANNEL CLEANING DETAIL LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 11 of 14 DATE: __________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 10 20 Scale in Feet Ex. Root Log Ex. Top of Bank FL O W Ordinary High Water Line PROPOSED: THIN VEGETATION TO REACH WORK AREA Ex. Accumulated Sediment Starting to Block Channel PROPOSED: REMOVE ACCUMULATED SEDIMENT BY HAND LABOR, VACTOR, OR SMALL EXCAVATOR FROM TOP OF BANK. PROPOSED: ISOLATE WORK AREA WITH TEMPORARY FILTER FABRIC, PLASTIC SHEETING, AND SANDBAGS , AS NEEDED PROPOSED: ADJUST BOULDER LOCATIONS, AS DIRECTED BY WDFW E E 8 Feet Ex. Top of Bank 4 Feet ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED April 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ CHANNEL CLEANING CROSS-SECTION LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 12 of 14 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 5 10 Scale in Feet Ex. Trees and Shrubs Planted by City OHWL Water Depth 3" TYPICAL SECTION E-E (LOOKING UPSTREAM) Ex. Width 6 Feet Ex. Top of Bank PROPOSED: THIN VEGETATION TO REACH WORK AREA PROPOSED: ADJUST BOULDER LOCATIONS, AS DIRECTED BY WDFW ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED Ex. Top of Bank PROPOSED: REMOVE ACCUMULATED SEDIMENT BY HAND LABOR, VACTOR, OR SMALL EXCAVATOR FROM TOP OF BANK. PROPOSED: ISOLATE WORK AREA WITH TEMPORARY FILTER FABRIC, PLASTIC SHEETING, AND SANDBAGS , AS NEEDED 4 Feet April 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ PLAN VIEW 3 LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 13 of 14 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 5 10 Scale in Feet GRAVEL REPLACEMENT AREA (TYPICAL) PLACE APPROX. 1 CY OF CLEAN GRAVEL SEE SECTION VIEW CITY OF RENTON BASEMAP DATUM: NAVD FEET EX. BOULDER CLUSTERS (TYPICAL) ORDINARY HIGH WATER LINE (TYPICAL) TO P O F B A N K TO P O F B A N K MA P L E W O O D C R E E K EX. GRASS ROUGH EX. LOG DROP (TYPICAL) EX. GRASS ROUGH B B April 2023 NWS-2007-688 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ PROFILE VIEW B-B' LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 14 of 14 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 4050 Maple Valley Highway, Renton, WA Feb. 2018 Remove sediment from basin and channel. Maplewood Creek City of Renton King CountyCasey McCarty City of Renton 47.4749 N, -122.1634 W 0 5 10 Scale in Feet EX. LOG DROPS WITH FLOW NOTCH ORIGINAL GRAVEL LAYER 12" THICK ERODED GRAVEL LEVEL (APPROX.) GRAVEL REPLACEMENT 6" TO 12" THICK (APPROX) 1 CY OF CLEAN GRAVEL APPROX.) OHWL FLOW EX. LARGE RIP-RAP 5' LONG WATER DEPTH VARIES 4" TO 6" (TYPICAL) WIDTH VARIES 3' TO 6' TYPICAL GRAVEL REPLACEMENT SPEC. IN LOW FLOW AREA BELOW FLOW SPLITTER * SIZE Percent Finer by Weight 4" 75 - 100% 2" 30 - 75% 1" 0 - 30% 1/4"0% TYPICAL SECTION B-B NEAR PLAN VIEW 3, BELOW FLOW SPLITTER *NOTE - Spec. Percentages May Be Revised By WDFW April 2023 NWS-2007-688 CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: NWS-2007-688 Joe Farah, City of RentonName of Permittee: Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following email or mailing address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: __________________________________ Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: __________________________________ N/A Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Provide phone number/email for scheduling site visits (must have legal authority to grant property access). Printed Name: ____________________________________________________________________ Phone Number: __________________________ Email: ___________________________________ Printed Name: Signature: Date: NWS.Compliance@usace.army.mil OR February 14, 2024 NATIONWIDE PERMIT 3 Terms and Conditions 2021 NWPs - Final 41; Effective Date: February 25, 2022 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for All Final 41 NWPs C. Seattle District Regional General Conditions D. Seattle District Regional Specific Conditions for this Nationwide Permit (NWP) E. 401 Water Quality Certification (401 WQC) for this NWP F. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use o f temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. 2 (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre- construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL 2021 NWPs - FINAL 41 Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized faciliti es in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion o f the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruct ion (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 3 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply int ake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the 4 river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affecte d by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. 5 (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic 6 properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non- federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a reco very effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. 7 (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engin eer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropr iate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides a n activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case -by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre-construction notification, unless the district eng ineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory 8 mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appro priate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee- responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).) (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee- responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the ac reage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee -responsible 9 mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fil l material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a w ater quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management r equirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the N WP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre. 10 (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and condi tions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or 11 completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engi neer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) (i) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any ot her NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. 12 (ii) For linear projects where one or more single and complete crossings require pre -construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete cr ossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters o n the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, th e National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River Sys tem, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an NWP activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be 13 used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar d ays before making a decision on the pre- construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure that the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre - construction notifications to expedite agency coordination. C. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to the 2021 NWPs - Final 41 NWPs for the Seattle District in Washington State, as applicable. RGC 1, Project Drawings Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the United States will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. RGC 2, Aquatic Resources Requiring Special Protection A PCN is required for activities resulting in a loss of waters of the United States in wetlands in dunal systems along the Washington coast, mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons. 14 RGC 3, New Bank Stabilization in Tidal Waters of Puget Sound Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e) cannot be authorized b y NWP. RGC 4, Commencement Bay No permanent losses of wetlands or mudflats within the Commencement Bay Study Area may be authorized by any NWP (see Figure 2). RGC 5, Bank Stabilization All projects including new or maintenance bank stabilization activities in waters of the United States where salmonid species are present or could be present, requires PCN to the U.S. Army Corps of Engineers (Corps) (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. RGC 6, Crossings of Waters of the United State s Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the U.S. Army Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. RGC 7, Stream Loss A PCN is required for all activities that result in the loss of any linear feet of streams. RGC 8, Construction Boundaries Permittees must clearly mark all construction area boundaries within waters of the United States before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. RGC 9, ESA Reporting to NMFS For any nationwide permit that may affect threatened or endangered species; Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries, National Marine Fisheries Service (NMFS) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide 15 Permit verification shall be reported to NMFS, Office of Protected Resources at (301) 713 -1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by the NMFS to collect specimens or take other measures to ensure that evidence intrins ic to the specimen is preserved. D. SEATTLE DISTRICT REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: None E. 401 WATER QUALITY CERTIFICATION: Depending on the geographic region of the work authorized by this verification, the appropriate 401 certifying authority has made the following determinations: Washington Department of Ecology (Ecology) (Projects in all areas except as described for the other certifying agencies listed below): General and Specific WQC Conditions A. State General Conditions for all Nationwide Permits In addition to all of the U.S. Army Corps of Engineers’ (Corps) national and Seattle District’s regional permit conditions, the following state general Water Quality Certification (WQC) conditions apply to all NWPs whether granted or granted with conditions in Washington where Ecology is the certifying authority. Due to the lack of site specific information on the discharge types, quantities, and specific locations, as well as the condition of receiving waters and the quantity of waters (including wetlands) that may be lost, Ecology may need to review the project if one of the following state general conditions is triggered. This case-by-case review may be required, and additional information regarding the project and associated discharges may be needed, to verify that the proposed project would comply with state water quality requirements and if an individual WQC is required or if the project meets this programmatic WQC. 1. In-water construction activities. Ecology WQC review is required for projects or activities authorized under NWPs where the project proponent has indicated on the Joint Aquatic Resource Permit Application (JARPA) question 9e that the project or activity will not meet State water quality standards, or has provided information indicating that the project or activity will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). Note: In-water activities include any activity within a jurisdictional wetland and/or waters. 2. Projects or Activities Discharging to Impaired Waters. Ecology WQC review is required for projects or activities that will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter to determine if the project meets this programmatic WQC or will require individual WQC. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Aquatic resources requiring special protection. Certain aquatic resources are unique and difficult-to-replace components of the aquatic environment in Washington. Activities that would affect these resources must be avoided to the greatest extent practicable. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. 16 Ecology WQC review is required for projects or activities in areas identified below to determine if the project meets this programmatic WQC or will require individual WQC. a. Activities in or affecting the following aquatic resources: i. Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth forested wetlands and mature forested wetlands. • Wetlands in coastal lagoons. • Wetlands in dunal systems along the Washington coast. • Vernal pools. • Alkali wetlands. ii. Fens, aspen-dominated wetlands, camas prairie wetlands. iii. Category I wetlands. iv. Category II wetlands with a habitat score ≥ 8 points. b. Activities in or resulting in a loss of eelgrass (Zostera marina) beds. This state general condition does not apply to the following NWPs: NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 48 – Commercial Shellfish Mariculture Activities 4. Loss of More than 300 Linear Feet of Streambed. For any project that results in the loss of more than 300 linear feet of streambed Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 5. Temporary Fills. For any project or activity with temporary fill in wetlands or other waters for more than six months Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 6. Mitigation. Project proponents are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology WQC review or an individual WQC with unavoidable impacts to aquatics resources, a mitigation plan must be provided. a. Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). 17 iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress toward goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06- 032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approaches such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. b. Mitigation for other aquatic resource impacts will be determined on a case-by- case basis. 7. Stormwater Pollution Prevention. All projects involving land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters. a. For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. b. Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. Application. For projects or activities that will require Ecology WQC review, or an individual WQC, project proponents must provide Ecology with a JARPA or the equivalent information, along with the documentation provided to the Corps, as described in national general condition 32, Pre-Construction Notification (PCN), including, where applicable: a. A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project discharge(s) would cause, best management practices (BMPs), and proposed means to monitor the discharge(s). b. List of all federal, state or local agency authorizations required to be used for any part 18 of the proposed project or any related activity. c. Drawings indicating the OHWM, delineation of special aquatic sites, and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland Rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. d. A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See state general condition 5. e. Other applicable requirements of Corps NWP general condition 32, Corps regional conditions, or notification conditions of the applicable NWP. Ecology grants with conditions Water Quality Certification (WQC) for this NWP provided that Ecology individual WQC review is not required per the state general conditions (see above) ) and the following conditions: 1. The project or activity involves the complete replacement of a shoreline stabilization using hard armoring. 2. The project or activity increases the original footprint of the structure by more than 1/10th acre in wetlands; or 3. The project or activity includes adding a new structure, such as a weir, flap gate/tide gate, or culvert to the site. Environmental Protection Agency (EPA) (on Tribal Lands where Tribes Do Not Have Treatment in a Similar Manner as a State and Lands with Exclusive Federal Jurisdiction in Washington): On behalf of the 28 tribes that do not have treatment in a similar manner as a state and for exclusive federal jurisdiction lands located within the state of Washington, EPA Region 10 has determined that CWA Section 401 WQC for the following proposed NWPs is granted with conditions. EPA Region 10 has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 C.F.R. § 121.1(n), subject to the following conditions pursuant to CWA Section 401(d). General Conditions: EPA General Condition 1 – Aquatic Resources of Special Concern Activities resulting in a point source discharge in the following types of aquatic resources of special concern shall request an individual project-specific CWA Section 401 WQC: mature forested wetlands; bogs, fens and other peatlands; vernal pools; aspen-dominated wetlands; alkali wetlands; camas prairie wetlands; wetlands in dunal systems along the Oregon or Washington Coast; riffle-pool complexes of streams; marine or estuarine mud-flats; salt marshes; marine waters with native eelgrass or kelp beds; or marine nearshore forage fish habitat. To identify whether a project would occur in any of these aquatic resources of special concern, project proponents shall us e existing and available information to identify the location and type of resources, including using the U.S. Fish and Wildlife Service’s online digital National Wetland Inventory maps, identifying project location on topographical maps, and/or providing on-site determinations as required by the Corps. When a project requires a Pre- Construction Notification (PCN) to the Corps, project proponents shall work with the Corps to identify whether the project is in any of these specific aquatic resources of special concern. 19 EPA General Condition 2 – Soil Erosion and Sediment Controls Turbidity shall not exceed background turbidity by more than 50 Nephelometric Turbidity Units (NTU) above background instantaneously or more than 25 NTU above background for more than ten consecutive days.8 Projects or activities that are expected to exceed these levels require an individual project-specific CWA Section 401 WQC. The turbidity standard shall be met at the following distances from the discharge: Wetted Stream Width at Discharge Point Approximate Downstream Point to Sample to Determine Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet Lake, Pond, Reservoir Lesser of 100 feet or maximum surface distance For Marine Water Point of Compliance for Temporary Area of Mixing Estuaries or Marine Waters Radius of 150 feet from the activity causing the turbidity exceedance Measures to prevent and/or reduce turbidity shall be implemented and monitored prior to, during, and after construction. Turbidity monitoring shall be done at the point of compliance within 24 hours of a precipitation event of 0.25 inches or greater. During monitoring and maintenance, if turbidity limits are exceeded or if measures are identified as ineffective, then additional measures shall be taken to come into compliance and EPA shall be notified within 48 hours of the exceedance or measure failure. EPA General Condition 3 - Compliance with Stormwater Pollution Prevention and the National Pollutant Discharge Elimination System Permit Provisions For land disturbances during construction that 1) disturb one or more acres of land, or 2) will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land, the permittee shall obtain and implement Construction Stormwater General Permit requirements,9 including: 1. The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP)10 and submit it to EPA Region 10 and appropriate Corps District; and 2. Following construction, prevention or treatment of ongoing stormwater runoff from impervious surfaces that includes soil infiltration shall be implemented. EPA General Condition 4 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharges into an active channel (e.g., flowing or open waters) of a water of the U.S. listed as impaired under CWA Section 303(d) and/or if the waterbody has an approved Total Maximum Daily Load (TMDL) and the discharge may result in further exceedance of a specific parameter (e.g., total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed or has an approved TMDL. The current lists of impaired waters of the U.S. under CWA Section 303(d) and waters of the U.S. for which a TMDL has been approved are available on EPA Region 10’s web site at: https://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-10. 20 EPA General Condition 5 – Notice to EPA All project proponents shall provide notice to EPA Region 10 prior to commencing construction activities authorized by a NWP. This will provide EPA Region 10 with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this CWA Section 401 WQC. Where the Corps requires a PCN for an applicable NWP, the project proponent shall also provide the PCN to EPA Region 10. EPA Region 10 will provide written notification to the project proponent if the proposed project will violate the water quality certification of the NWP. EPA General Condition 6 – Unsuitable Materials The project proponent shall not use wood products treated with leachable chemical components (e.g., copper, arsenic, zinc, creosote, chromium, chloride, fluoride, pentachlorophenol), which result in a discharge to waters of the U.S., unless the wood products meet the following criteria: 1. Wood preservatives and their application shall be in compliance with EPA label requirements and criteria of approved EPA Registration Documents under the Federal Insecticide, Fungicide, and Rodenticide Act; 2. Use of chemically treated wood products shall follow the Western Wood Preservatives Institute (WWPI) guidelines and BMPs to minimize the preservative migrating from treated wood into the aquatic environment; 3. For new or replacement wood structures, the wood shall be sealed with non-toxic products such as water-based silica or soy-based water repellants or sealers to prevent or limit leaching. Acceptable alternatives to chemically treated wood include untreated wood, steel (painted, unpainted or coated with epoxy petroleum compound or plastic), concrete and plastic lumber; and 4. All removal of chemically treated wood products (including pilings) shall follow the most recent “EPA Region 10 Best Management Practices for Piling Removal and Placement in Washington State.” NWP Specific Conditions: NWP 3 is conditionally certified, subject to the general conditions listed above, for all maintenance, repair or replacement activities authorized under this NWP, except that an individual project-specific WQC is required when the project involves: 1. Maintenance, repair, or replacement of shoreline stabilization using hard armoring approaches; or 2. Extending existing infrastructure beyond its prior footprint in fish bearing waters of the U.S.; or 3. Excavation or dredging in marine waters. Specific Tribes with Certifying Authority (Projects in Specific Tribal Areas): WQC was issued by the Swinomish Indian Tribal Community. WQC was waived by the Confederated Tribes of the Chehalis Reservation and Colville Indian Reservation, Kalispel Tribe of Indians, Port Gamble S'Klallam Tribe, Quinault Indian Nation, and the Spokane Tribe of Indians. WQC was denied by the Lummi Nation, Makah Tribe, Puyallup Tribe of Indians, and the Tulalip Tribes; therefore, individual WQC is required from these tribes. F. COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY RESPONSE FOR THIS NWP: Ecology’s determination is that they concur with conditions that this NWP is consistent with CZMA. 1. A CZM Federal Consistency Decision is required for projects or activities under this NWP if a State 401 Water Quality Certification is required. 21 Seattle District Regional General Conditions - Figures Figure 1: RGC 3 - WRIAs 8, 9, 10, 11, and 12 a. WRIA 8 22 b. WRIA 9 23 c. WRIA 10 24 d. WRIA 12 25 e. WRIA 11 26 Figure 2. RGC 4 - Commencement Bay Study Area NATIONWIDE PERMIT 27 Terms and Conditions 2021 NWPs - Final 41; Effective Date: February 25, 2022 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for All Final 41 NWPs C. Seattle District Regional General Conditions D. Seattle District Regional Specific Conditions for this Nationwide Permit (NWP) E. 401 Water Quality Certification (401 WQC) for this NWP F. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquat ic resource functions and services. To be authorized by this NWP, the aquatic habitat restoration, enhancement, or establishment activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of one or more intact aquatic habitats or riparian areas of the same type that exist in the region. An ecological reference may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to the removal of accumulated sediments; releases of sediment from reservo irs to maintain sediment transport continuity to restore downstream habitats; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms are removed; the installation of current deflectors; the enhancement, rehabilitation, or re -establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders; the removal of stream barriers, such as undersized culverts, fords, and grade control structures; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to restore or enhance wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; coral restoration or relocation activities; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. 2 Except for the relocation of non-tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any futur e discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge of dredged or fill material occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity, the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has rever ted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting. For those activities that do not require pre-construction notification, the permittee must submit to the district engineer a copy of: (1) the binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing any activity (see general condition 32), except for the following activities: 3 (1) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Activities conducted in accordance with the terms and conditions of a binding coral restoration or relocation agreement between the project proponent and the NMFS or any of its designated state cooperating agencies; (3) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (4) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL 2021 NWPs - FINAL 41 Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every pers on who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work s hall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise d esigned and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be 4 used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, exce pt as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 5 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the propose d activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant 6 of the Corps’ determination within 45 days of receipt of a complete pre -construction notification. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation c onducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden E agle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places un til the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The distr ict engineer will 7 verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non- federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, 8 and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case -by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the 9 required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address docume nted water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compens atory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district enginee r may approve the use of permittee- responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adv erse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).) (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mi tigation option considered for permittee- responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee -responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the te rms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already 10 meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qu alified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in or der for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 11 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. 12 The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified limits of an NWP, t he permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the pe rmittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) (i) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipat ed amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or 13 other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separat e and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. (ii) For linear projects where one or more single and complete crossings require pre-construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special a quatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Histor ic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and 14 (10) For an NWP activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 perm ission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e -mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre - construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure that the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the distr ict engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre - construction notifications to expedite agency coordination. C. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to the 2021 NWPs - Final 41 NWPs for the Seattle District in Washington State, as applicable. RGC 1, Project Drawings Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the United States will be affected. Drawings 15 must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. RGC 2, Aquatic Resources Requiring Special Protection A PCN is required for activities resulting in a loss of waters of the United States in wetlands in dunal systems along the Washington coast, mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons. RGC 3, New Bank Stabilization in Tidal Waters of Puget Sound Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e) cannot be authorized by NWP. RGC 4, Commencement Bay No permanent losses of wetlands or mudflats within the Commencement Bay Study Area may be authorized by any NWP (see Figure 2). RGC 5, Bank Stabilization All projects including new or maintenance bank stabilization activities in waters of the United States where salmonid species are present or could be present, requires PCN to the U.S. Army Corps of Engineers (Corps) (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. RGC 6, Crossings of Waters of the United States Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the U.S. Army Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species wo uld naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. RGC 7, Stream Loss A PCN is required for all activities that result in the loss of any linear feet of streams. RGC 8, Construction Boundaries Permittees must clearly mark all construction area boundaries within waters of the United States before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees 16 should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. RGC 9, ESA Reporting to NMFS For any nationwide permit that may affect threatened or endangered species; Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries, National Marine Fisheries Service (NMFS) unde r the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide Permit verification shall be reported to NMFS, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing t he death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by the NMFS to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. D. SEATTLE DISTRICT REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: NWP 27 Specific Regional Conditions: 1. A pre-construction notification (PCN) must be submitted to the district engineer (see NWP general condition 32) for any proposed project located in a Department of the Army permit compensatory mitigation site, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) site, Resource Conservation and Recovery Act hazardous waste clean-up site, Washington State Department of Ecology compensatory mitigation site, or Washington State Model Toxics Control Act clean-up site. 2. For projects subject to PCN, if there is a loss of waters of the U.S. the project proponent must explain in the PCN why the loss is necessary. The project proponent must also demonstrate how despite the loss of waters the overall project would result in a net increase in aquatic/ecological functions . 3. The PCN must contain a description of pre-project site conditions including presence of wetlands (including photographs) and aquatic/ecological functions the site provides within the watershed. 4. For projects that would result in a loss of waters of the U.S., the project proponent must include maintenance and monitoring plans with the PCN. 5. Restoration projects involving shellfish seeding must use shellfish native to the watershed. E. 401 WATER QUALITY CERTIFICATION: Depending on the geographic region of the work authorized by this verification, the appropriate 401 certifying authority has made the following determinations: Washington Department of Ecology (Ecology) (Projects in all areas except as described for the other certifying agencies listed below): General and Specific WQC Conditions A. State General Conditions for all Nationwide Permits In addition to all of the U.S. Army Corps of Engineers’ (Corps) national and Seattle District’s regional permit conditions, the following state general Water Quality Certification (WQC) conditions apply to all NWPs whether granted or granted with conditions in Washington where Ecology is the certifying authority. Due to the lack of site specific information on the discharge types, quantities, and specific locations, as well as the condition of receiving waters and the quantity of waters (including wetlands) that may be lost, 17 Ecology may need to review the project if one of the following state general conditions is triggered. This case-by-case review may be required, and additional information regarding the project and associated discharges may be needed, to verify that the proposed project would comply with state water quality requirements and if an individual WQC is required or if the project meets this programmatic WQC. 1. In-water construction activities. Ecology WQC review is required for projects or activities authorized under NWPs where the project proponent has indicated on the Joint Aquatic Resource Permit Application (JARPA) question 9e that the project or activity will not meet State water quality standards, or has provided information indicating that the project or activity will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). Note: In-water activities include any activity within a jurisdictional wetland and/or waters. 2. Projects or Activities Discharging to Impaired Waters. Ecology WQC review is required for projects or activities that will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter to determine if the project meets this programmatic WQC or will require individual WQC. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Aquatic resources requiring special protection. Certain aquatic resources are unique and difficult-to-replace components of the aquatic environment in Washington. Activities that would affect these resources must be avoided to the greatest extent practicable. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology WQC review is required for projects or activities in areas identified below to determine if the project meets this programmatic WQC or will require individual WQC. a. Activities in or affecting the following aquatic resources: i. Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth forested wetlands and mature forested wetlands. • Wetlands in coastal lagoons. • Wetlands in dunal systems along the Washington coast. • Vernal pools. • Alkali wetlands. ii. Fens, aspen-dominated wetlands, camas prairie wetlands. iii. Category I wetlands. iv. Category II wetlands with a habitat score ≥ 8 points. b. Activities in or resulting in a loss of eelgrass (Zostera marina) beds. 18 This state general condition does not apply to the following NWPs: NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 48 – Commercial Shellfish Mariculture Activities 4. Loss of More than 300 Linear Feet of Streambed. For any project that results in the loss of more than 300 linear feet of streambed Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 5. Temporary Fills. For any project or activity with temporary fill in wetlands or other waters for more than six months Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 6. Mitigation. Project proponents are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology WQC review or an individual WQC with unavoidable impacts to aquatics resources, a mitigation plan must be provided. a. Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress toward goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06- 032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approaches such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the 19 appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. b. Mitigation for other aquatic resource impacts will be determined on a case-by- case basis. 7. Stormwater Pollution Prevention. All projects involving land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters. a. For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. b. Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. Application. For projects or activities that will require Ecology WQC review, or an individual WQC, project proponents must provide Ecology with a JARPA or the equivalent information, along with the documentation provided to the Corps, as described in national general condition 32, Pre-Construction Notification (PCN), including, where applicable: a. A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project discharge(s) would cause, best management practices (BMPs), and proposed means to monitor the discharge(s). b. List of all federal, state or local agency authorizations required to be used for any part of the proposed project or any related activity. c. Drawings indicating the OHWM, delineation of special aquatic sites, and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland Rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. d. A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See state general condition 5. e. Other applicable requirements of Corps NWP general condition 32, Corps regional conditions, or notification conditions of the applicable NWP. Ecology grants with conditions Water Quality Certification (WQC) for this NWP provided that Ecology individual WQC review is not required per the state general conditions (see above) and the following conditions: Ecology Section 401 Water Quality Certification – Granted with conditions. 1. Ecology WQC review is required if the project or activity is in a known contaminated or cleanup site to determine if an individual WQC is required or the project meets the programmatic WQC for this NWP. 20 2. Ecology individual WQC is required for projects or activities authorized under this NWP if: a. The project or activity directly impacts ½ acre or more of tidal waters; or b. The project or activity affects ½ acre or more of wetlands; or c. The project or activity is a mitigation bank or an advance mitigation site. Environmental Protection Agency (EPA) (on Tribal Lands where Tribes Do Not Have Treatment in a Similar Manner as a State and Lands with Exclusive Federal Jurisdiction in Washington): On behalf of the 28 tribes that do not have treatment in a similar manner as a state and for exclusive federal jurisdiction lands located within the state of Washington, EPA Region 10 has determined that CWA Section 401 WQC for the following proposed NWPs is granted with conditions. EPA Region 10 has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 C.F.R. § 121.1(n), subject to the following conditions pursuant to CWA Section 401(d). General Conditions: EPA General Condition 1 – Aquatic Resources of Special Concern Activities resulting in a point source discharge in the following types of aquatic resources of special concern shall request an individual project-specific CWA Section 401 WQC: mature forested wetlands; bogs, fens and other peatlands; vernal pools; aspen-dominated wetlands; alkali wetlands; camas prairie wetlands; wetlands in dunal systems along the Oregon or Washington Coast; riffle-pool complexes of streams; marine or estuarine mud-flats; salt marshes; marine waters with native eelgrass or kelp beds; or marine nearshore forage fish habitat. To identify whether a project would occur in any of these aquatic resources of special concern, project proponents shall use existing and available information to identify the location and type of resources, including using the U.S. Fish and Wildlife Service’s online digital National Wetland Inventory maps, identifying project location on topographical maps, and/or providing on-site determinations as required by the Corps. When a project requires a Pre- Construction Notification (PCN) to the Corps, project proponents shall work with the Corps to identify whether the project is in any of these specific aquatic resources of special concern. EPA General Condition 2 – Soil Erosion and Sediment Controls Turbidity shall not exceed background turbidity by more than 50 Nephelometric Turbidity Units (NTU) above background instantaneously or more than 25 NTU above background for more than ten consecutive days.8 Projects or activities that are expected to exceed these levels require an individual project-specific CWA Section 401 WQC. The turbidity standard shall be met at the following distances from the discharge: Wetted Stream Width at Discharge Point Approximate Downstream Point to Sample to Determine Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet Lake, Pond, Reservoir Lesser of 100 feet or maximum surface distance 21 For Marine Water Point of Compliance for Temporary Area of Mixing Estuaries or Marine Waters Radius of 150 feet from the activity causing the turbidity exceedance Measures to prevent and/or reduce turbidity shall be implemented and monitored prior to, during, and after construction. Turbidity monitoring shall be done at the point of compliance within 24 hours of a precipitation event of 0.25 inches or greater. During monitoring and maintenance, if turbidity limits are exceeded or if measures are identified as ineffective, then additional measures shall be taken to come into compliance and EPA shall be notified within 48 hours of the exceedance or measure failure. EPA General Condition 3 - Compliance with Stormwater Pollution Prevention and the National Pollutant Discharge Elimination System Permit Provisions For land disturbances during construction that 1) disturb one or more acres of land, or 2) will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land, the permittee shall obtain and implement Construction Stormwater General Permit requirements,9 including: 1. The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP)10 and submit it to EPA Region 10 and appropriate Corps District; and 2. Following construction, prevention or treatment of ongoing stormwater runoff from impervious surfaces that includes soil infiltration shall be implemented. EPA General Condition 4 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharges into an active channel (e.g., flowing or open waters) of a water of the U.S. listed as impaired under CWA Section 303(d) and/or if the waterbody has an approved Total Maximum Daily Load (TMDL) and the discharge may result in further exceedance of a specific parameter (e.g., total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed or has an approved TMDL. The current lists of impaired waters of the U.S. under CWA Section 303(d) and waters of the U.S. for which a TMDL has been approved are available on EPA Region 10’s web site at: https://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-10. EPA General Condition 5 – Notice to EPA All project proponents shall provide notice to EPA Region 10 prior to commencing construction activities authorized by a NWP. This will provide EPA Region 10 with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this CWA Section 401 WQC. Where the Corps requires a PCN for an applicable NWP, the project proponent shall also provide the PCN to EPA Region 10. EPA Region 10 will provide written notification to the project proponent if the proposed project will violate the water quality certification of the NWP. EPA General Condition 6 – Unsuitable Materials The project proponent shall not use wood products treated with leachable chemical components (e.g., copper, arsenic, zinc, creosote, chromium, chloride, fluoride, pentachlorophenol), which result in a discharge to waters of the U.S., unless the wood products meet the following criteria: 1. Wood preservatives and their application shall be in compliance with EPA label requirements and criteria of approved EPA Registration Documents under the Federal Insecticide, Fungicide, and Rodenticide Act; 2. Use of chemically treated wood products shall follow the Western Wood Preservatives Institute (WWPI) guidelines and BMPs to minimize the preservative migrating from treated wood into the aquatic environment; 3. For new or replacement wood structures, the wood shall be sealed with non-toxic 22 products such as water-based silica or soy-based water repellants or sealers to prevent or limit leaching. Acceptable alternatives to chemically treated wood include untreated wood, steel (painted, unpainted or coated with epoxy petroleum compound or plastic), concrete and plastic lumber; and 4. All removal of chemically treated wood products (including pilings) shall follow the most recent “EPA Region 10 Best Management Practices for Piling Removal and Placement in Washington State.” EPA NWP Specific Conditions: NWP 27 is conditionally certified, subject to the general conditions listed above, except that an individual project-specific WQC is required when the project: 1. Involves dam removal; or 2. Involves greater than 1 acre of impacts to waters of the U.S.; or 3. Would impact greater than 500 linear feet of waters of the U.S.; or 4. Involves greater than 1/2 acre of impacts to tidal wetlands or waters. Specific Tribes with Certifying Authority (Projects in Specific Tribal Areas): WQC was issued by the Swinomish Indian Tribal Community. WQC was waived by the Confederated Tribes of the Chehalis Reservation and Colville Indian Reservation, Kalispel Tribe of Indians, Port Gamble S'Klallam Tribe, Quinault Indian Nation, and the Spokane Tribe of Indians . WQC was denied by the Lummi Nation, Makah Tribe, Puyallup Tribe of Indians, and the Tulalip Tribes; therefore, individual WQC is required from these tribes. F. COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY RESPONSE FOR THIS NWP: Ecology’s determination is that they concur with conditions that this NWP is consistent with CZMA. CZM Federal Consistency Response – Concur with Conditions. 1. A CZM Federal Consistency Decision is required for projects or activities under this NWP if a State 401 Water Quality Certification is required. 23 Seattle District Regional General Conditions - Figures Figure 1: RGC 3 - WRIAs 8, 9, 10, 11, and 12 a. WRIA 8 24 b. WRIA 9 25 c. WRIA 10 26 d. WRIA 12 27 e. WRIA 11 28 Figure 2. RGC 4 - Commencement Bay Study Area CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: NWS-2007-688 Joe Farah, City of RentonName of Permittee: Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following email or mailing address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: __________________________________ Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: __________________________________ N/A Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Provide phone number/email for scheduling site visits (must have legal authority to grant property access). Printed Name: ____________________________________________________________________ Phone Number: __________________________ Email: ___________________________________ Printed Name: Signature: Date: NWS.Compliance@usace.army.mil OR February 14, 2024 City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix D – Madsen Creek Permits Washington State Hydraulic Project Approval Permit Number: 2024-4-111+01 See HPA included in Appendix D - Madsen Creek Sediment Baisn is Location #17 Army Corps of Engineers Nationwide Permit Reference: NWS-2009-00481 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 4735 EAST MARGINAL WAY SOUTH, BLDG 1202 SEATTLE, WA 98134-2388 Regulatory Branch February 7, 2025 Joe Farah City of Renton, Public Works Department, Surface Water Utility 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2009-00481 Renton, City of (Madsen Sediment Basin) Dear Mr. Farah: We have reviewed your application to place a temporary diversion dam and temporary materials for sediment basin maintenance and to place spawning gravel and replace boulders or large woody debris in Madsen Creek at Renton, King County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance and NWP 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal Register December 27, 2021 Vol. 86, No. 245), authorizes your proposal as depicted on the enclosed drawings dated April 2023. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3 and 27, Terms and Conditions and the following special conditions: a. In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 1 through August 31 in any year this permit is valid. You shall not conduct work authorized by this permit from September 1 through June 30 in any year this permit is valid. b. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Endangered Species Act and Essential Fish Habitat Analysis dated April 7, 2023, in its entirety. The National Marine Fisheries Service (NMFS) provided the enclosed Letter of Concurrence (LOC) with a finding of “may affect, not likely to adversely affect” based on this document on February 4, 2025 (NMFS Reference Number WCRO-2024-00329). The agency will be informed of this permit issuance. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The NMFS is the appropriate authority to determine compliance with ESA. -2- c. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Endangered Species Act and Essential Fish Habitat Analysis dated April 7, 2023, in its entirety. The U.S. Army Corps of Engineers (Corps) made a determination of No Effect for bull trout based on this document. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination decision for this NWP. No further coordination with Ecology for WQC and CZM is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 14, 2026, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the NWP authorization has not been completed by that date and you have commenced or are under contract to commence this activity before March 14, 2026, you will have until March 14, 2027, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. -3- Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at nws.compliance@usace.army.mil. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. Referenced documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Permit Information”. A copy of this letter with enclosures will be furnished to Mr. Jim Shannon at jshannon@haleyaldrich.com. If you have any questions, please contact me at sarah.l.albright@usace.army.mil or (206) 764-6665. Sincerely, Sarah Albright-Garland, Project Manager Regulatory Branch Enclosures cc: Ecology (ecyrefedpermits@ecy.wa.gov) Renton Sediment Basin CleaningRenton, Washington Vicinity Map 0205556-000 4/23 Figure1 N 2,800 0 2,8001,400 Feet RentonSeattle UV169 City of Renton Madsen CreekSediment Basin Map l e w o o d C r e e k Ced a r R i v e r Mad s e n C r e e k Mol a s s e s C r e e k S u m m e r f i e l d C r e e k Madsen Creek NWS-2009-481 1. New Life Church Property 2. King Co. HA Property PL PL REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ PLAN VIEW - SEDIMENT BASIN LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 2 of 5 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 14935 Maple Valley Highway Renton, WA Feb. 2018 Remove sediment from basin. Madsen Creek City of Renton King County City of Renton 47.46274 N, -122.14227 W Ex. Sediment Basin Ex. Bypass Inlet PROPOSED: TEMPORARY DIVERSION DAM SEE DETAIL PROPOSED: REMOVE SEDIMENT PROPOSED: DIVERT FLOW INTO EX. BYPASS PIPE DURING BASIN CLEANING A MADSEN CREEK FL O W FLOW A MADS E N CREE K Ex. Overflow Channel (dry) SCALE 100500 April . 2023 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ SECTION VIEW - SEDIMENT BASIN LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 3 of 5 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 14935 Maple Valley Highway Renton, WA Feb. 2018 Remove sediment from basin. Madsen Creek City of Renton King County City of Renton 47.46274 N, -122.14227 W CROSS-SECTION A-A SEDIMENT BASIN PROPOSED: REMOVE ACCUMULATED SEDIMENT ABOVE AND BELOW OHWL Ex. Access Road EL 122 Ex. Basin Bottom EL 113 Ex. 24" Bypass Pipe EAST SIDE OHWL 4 Ft. April 2023 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ TEMPORARY DIVERSION DAM DETAIL LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 4 of 5 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 14935 Maple Valley Highway Renton, WA Feb. 2018 Remove sediment from basin. Madsen Creek City of Renton King County City of Renton 47.46274 N, -122.14227 W SCALE 20100 MADSEN CREEK OHWL Ex. 24" Bypass Pipe PROPOSED: TEMPORARY DIVERSION DAM PROPOSED: SANDBAGS PROPOSED: PLASTIC SHEET TO SEAL DAM, REDUCE UNDERFLOW FLO W B B FLO W I N BY P A S S P I P E ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED April . 2023 REFERENCE: _________________________ APPLICANT:___________________________ ADJACENT PROPERTY OWNERS: 1. _____________________________________ 2. _____________________________________ DIVERSION DAM CROSS-SECTION LOCATION: ____________________________ LAT/LONG:_____________________________ PAGE: 5 of 5 DATE:__________ PROPOSED PROJECT: _______________________________________ IN:________________ NEAR/AT:_________________ COUNTY:_____________ STATE: WA 14935 Maple Valley Highway Renton, WA Feb. 2018 Remove sediment from basin. Madsen Creek City of Renton King County City of Renton 47.46274 N, -122.14227 W ExistingInlet and Bypass Pipe (on East Bank) PROPOSED: SANDBAGS TO SEAL EDGES AND ANCHOR PLASTIC CROSS-SECTION B-B PROPOSED: TEMPORARY DIVERSION DAM PROPOSED: PLASTIC SHEETING TO SEAL DAM CHANNEL BOTTOM FLOW PROPOSED: CONCRETE BLOCK OR MEDIA BAG TO FORM DAM OHWL DEPTH 4 inches ALL TEMPORARY DIVERSION MATERIALS WILL BE REMOVED AFTER CLEANING IS COMPLETED April . 2023 NATIONWIDE PERMIT 3 Terms and Conditions 2021 NWPs - Final 41; Effective Date: February 25, 2022 amended with RGCs 10-14 June 28, 2024 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for All Final 41 NWPs C. Seattle District Regional General Conditions D. Seattle District Regional Specific Conditions for this Nationwide Permit (NWP) E. 401 Water Quality Certification (401 WQC) for this NWP F. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance 2 activity, temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre- construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL 2021 NWPs - FINAL 41 Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 3 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. 4 (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. 5 (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a 6 vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non- federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. 7 (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory 8 mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee- responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).) (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee- responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible 9 mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre. 10 (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or 11 completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) (i) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. 12 (ii) For linear projects where one or more single and complete crossings require pre-construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an NWP activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be 13 used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure that the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. C. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to the 2021 NWPs - Final 41 NWPs for the Seattle District in Washington State, as applicable. RGC 1, Project Drawings Drawings must be submitted with a pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the United States will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. RGC 2, Aquatic Resources Requiring Special Protection A PCN is required for activities resulting in a loss of waters of the United States in wetlands in dunal systems along the Washington coast, mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons. 14 RGC 3, New Bank Stabilization in Tidal Waters of Puget Sound Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11, and 12 (within the areas identified on Figures 1a through 1e) cannot be authorized by NWP. RGC 4, Commencement Bay No permanent losses of wetlands or mudflats within the Commencement Bay Study Area may be authorized by any NWP (see Figure 2). RGC 5, Bank Stabilization All projects including new or maintenance bank stabilization activities in waters of the United States where salmonid species are present or could be present, requires PCN to the U.S. Army Corps of Engineers (Corps) (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. RGC 6, Crossings of Waters of the United States Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the U.S. Army Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the applicant must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. RGC 7, Stream Loss A PCN is required for all activities that result in the loss of any linear feet of streams. RGC 8, Construction Boundaries 15 Permittees must clearly mark all construction area boundaries within waters of the United States before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. RGC 9, ESA Reporting to NMFS For any nationwide permit that may affect threatened or endangered species: Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries, National Marine Fisheries Service (NMFS) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide Permit verification shall be reported to NMFS, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by the NMFS to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. RGC 10, Limitations on New Bank Stabilization Within the Salish Sea The length of new bank stabilization within waters of the U.S., including new bank stabilization associated with maintenance activities that would expand previously authorized armoring length, cannot exceed 50 linear feet within the Salish Sea under any NWP. RGC 11, Effects to Forage Fish Spawning Beaches, Drift Cells, and Feeder Bluffs) No NWP activity can: a. cause more than minimal adverse effects to forage fish spawning beaches or drift cells; or b. prevent the functioning of feeder bluffs, including more than minimal adverse effects to sediment recruitment, transport, or deposition. This regional general condition applies to all NWP activities within the Salish Sea. Information regarding the location of forage fish spawning beaches is available on the Washington Department of Fish and Wildlife’s (WDFW) Forage Fish Spawning Map at https://wdfw.maps.arcgis.com/home/webmap/viewer.html?webmap=19b8f74e2d41470cbd80b1 af8dedd6b3. Information regarding the location and movement of drift cells, shoreline stability, and coastal landforms, to include feeder bluffs, is available at the Washington State Department of Ecology’s Coastal Atlas Map website: https://apps.ecology.wa.gov/coastalatlasmap. These maps are resources that can be used to help identify the location of forage fish spawning beaches, drift cells, and feeder bluffs; they are not a substitute for site-specific data. Information about forage fish, their spawning habitats, and spawning behavior are available through the WDFW. Additional information about the importance of these species as prey species for Endangered Species Act listed salmonids can be found on the National Marine Fisheries Service website. RGC 12, Bank Stabilization Design Considerations Bank stabilization activities, including maintenance activities, shall utilize living shorelines, vegetative stabilization, bioengineering, including but not limited to large woody material with intact root wads, and other soft bank stabilization approaches to the maximum practicable extent before considering hard bank stabilization methods such as bulkheads and rock revetments. RGC 13, PCNs for Activities in Areas Where There May Be Treaty-Reserved Tribal Rights 16 To ensure compliance with General Condition 17, Tribal Rights, a pre-construction notification (PCN) is required for all NWPs associated with structures or fills in areas where Tribes have retained via treaty the right to fish in their usual and accustomed grounds and stations. RGC 14, Maintenance of Existing Bank Stabilization Structures and Fills (Applicable to NWP 3, Maintenance Activities) Maintenance of existing bank stabilization structures that expand the existing structure’s footprint or dimensions either waterward, vertically, or linearly along the shoreline within the geographic jurisdiction of the U.S. Army Corps of Engineers are not eligible for NWP 3. D. SEATTLE DISTRICT REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: None E. 401 WATER QUALITY CERTIFICATION: Depending on the geographic region of the work authorized by this verification, the appropriate 401 certifying authority has made the following determinations: Washington Department of Ecology (Ecology) (Projects in all areas except as described for the other certifying agencies listed below): General and Specific WQC Conditions A. State General Conditions for all Nationwide Permits In addition to all of the U.S. Army Corps of Engineers’ (Corps) national and Seattle District’s regional permit conditions, the following state general Water Quality Certification (WQC) conditions apply to all NWPs whether granted or granted with conditions in Washington where Ecology is the certifying authority. Due to the lack of site specific information on the discharge types, quantities, and specific locations, as well as the condition of receiving waters and the quantity of waters (including wetlands) that may be lost, Ecology may need to review the project if one of the following state general conditions is triggered. This case-by-case review may be required, and additional information regarding the project and associated discharges may be needed, to verify that the proposed project would comply with state water quality requirements and if an individual WQC is required or if the project meets this programmatic WQC. 1. In-water construction activities. Ecology WQC review is required for projects or activities authorized under NWPs where the project proponent has indicated on the Joint Aquatic Resource Permit Application (JARPA) question 9e that the project or activity will not meet State water quality standards, or has provided information indicating that the project or activity will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). Note: In-water activities include any activity within a jurisdictional wetland and/or waters. 2. Projects or Activities Discharging to Impaired Waters. Ecology WQC review is required for projects or activities that will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter to determine if the project meets this programmatic WQC or will require individual WQC. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Aquatic resources requiring special protection. Certain aquatic resources are unique and difficult-to-replace components of the aquatic environment in Washington. Activities that would affect these resources must be avoided to the greatest extent practicable. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. 17 Ecology WQC review is required for projects or activities in areas identified below to determine if the project meets this programmatic WQC or will require individual WQC. a. Activities in or affecting the following aquatic resources: i. Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth forested wetlands and mature forested wetlands. • Wetlands in coastal lagoons. • Wetlands in dunal systems along the Washington coast. • Vernal pools. • Alkali wetlands. ii. Fens, aspen-dominated wetlands, camas prairie wetlands. iii. Category I wetlands. iv. Category II wetlands with a habitat score ≥ 8 points. b. Activities in or resulting in a loss of eelgrass (Zostera marina) beds. This state general condition does not apply to the following NWPs: NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 48 – Commercial Shellfish Mariculture Activities 4. Loss of More than 300 Linear Feet of Streambed. For any project that results in the loss of more than 300 linear feet of streambed Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 5. Temporary Fills. For any project or activity with temporary fill in wetlands or other waters for more than six months Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 6. Mitigation. Project proponents are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology WQC review or an individual WQC with unavoidable impacts to aquatics resources, a mitigation plan must be provided. a. Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). 18 iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress toward goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06- 032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approaches such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. b. Mitigation for other aquatic resource impacts will be determined on a case-by- case basis. 7. Stormwater Pollution Prevention. All projects involving land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters. a. For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. b. Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. Application. For projects or activities that will require Ecology WQC review, or an individual WQC, project proponents must provide Ecology with a JARPA or the equivalent information, along with the documentation provided to the Corps, as described in national general condition 32, Pre-Construction Notification (PCN), including, where applicable: a. A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project discharge(s) would cause, best management practices (BMPs), and proposed means to monitor the discharge(s). b. List of all federal, state or local agency authorizations required to be used for any part 19 of the proposed project or any related activity. c. Drawings indicating the OHWM, delineation of special aquatic sites, and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland Rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. d. A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See state general condition 5. e. Other applicable requirements of Corps NWP general condition 32, Corps regional conditions, or notification conditions of the applicable NWP. Ecology grants with conditions Water Quality Certification (WQC) for this NWP provided that Ecology individual WQC review is not required per the state general conditions (see above) ) and the following conditions: 1. The project or activity involves the complete replacement of a shoreline stabilization using hard armoring. 2. The project or activity increases the original footprint of the structure by more than 1/10th acre in wetlands; or 3. The project or activity includes adding a new structure, such as a weir, flap gate/tide gate, or culvert to the site. Environmental Protection Agency (EPA) (on Tribal Lands where Tribes Do Not Have Treatment in a Similar Manner as a State and Lands with Exclusive Federal Jurisdiction in Washington): On behalf of the 28 tribes that do not have treatment in a similar manner as a state and for exclusive federal jurisdiction lands located within the state of Washington, EPA Region 10 has determined that CWA Section 401 WQC for the following proposed NWPs is granted with conditions. EPA Region 10 has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 C.F.R. § 121.1(n), subject to the following conditions pursuant to CWA Section 401(d). General Conditions: EPA General Condition 1 – Aquatic Resources of Special Concern Activities resulting in a point source discharge in the following types of aquatic resources of special concern shall request an individual project-specific CWA Section 401 WQC: mature forested wetlands; bogs, fens and other peatlands; vernal pools; aspen-dominated wetlands; alkali wetlands; camas prairie wetlands; wetlands in dunal systems along the Oregon or Washington Coast; riffle-pool complexes of streams; marine or estuarine mud-flats; salt marshes; marine waters with native eelgrass or kelp beds; or marine nearshore forage fish habitat. To identify whether a project would occur in any of these aquatic resources of special concern, project proponents shall use existing and available information to identify the location and type of resources, including using the U.S. Fish and Wildlife Service’s online digital National Wetland Inventory maps, identifying project location on topographical maps, and/or providing on-site determinations as required by the Corps. When a project requires a Pre- Construction Notification (PCN) to the Corps, project proponents shall work with the Corps to identify whether the project is in any of these specific aquatic resources of special concern. 20 EPA General Condition 2 – Soil Erosion and Sediment Controls Turbidity shall not exceed background turbidity by more than 50 Nephelometric Turbidity Units (NTU) above background instantaneously or more than 25 NTU above background for more than ten consecutive days.8 Projects or activities that are expected to exceed these levels require an individual project-specific CWA Section 401 WQC. The turbidity standard shall be met at the following distances from the discharge: Wetted Stream Width at Discharge Point Approximate Downstream Point to Sample to Determine Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet Lake, Pond, Reservoir Lesser of 100 feet or maximum surface distance For Marine Water Point of Compliance for Temporary Area of Mixing Estuaries or Marine Waters Radius of 150 feet from the activity causing the turbidity exceedance Measures to prevent and/or reduce turbidity shall be implemented and monitored prior to, during, and after construction. Turbidity monitoring shall be done at the point of compliance within 24 hours of a precipitation event of 0.25 inches or greater. During monitoring and maintenance, if turbidity limits are exceeded or if measures are identified as ineffective, then additional measures shall be taken to come into compliance and EPA shall be notified within 48 hours of the exceedance or measure failure. EPA General Condition 3 - Compliance with Stormwater Pollution Prevention and the National Pollutant Discharge Elimination System Permit Provisions For land disturbances during construction that 1) disturb one or more acres of land, or 2) will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land, the permittee shall obtain and implement Construction Stormwater General Permit requirements,9 including: 1. The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP)10 and submit it to EPA Region 10 and appropriate Corps District; and 2. Following construction, prevention or treatment of ongoing stormwater runoff from impervious surfaces that includes soil infiltration shall be implemented. EPA General Condition 4 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharges into an active channel (e.g., flowing or open waters) of a water of the U.S. listed as impaired under CWA Section 303(d) and/or if the waterbody has an approved Total Maximum Daily Load (TMDL) and the discharge may result in further exceedance of a specific parameter (e.g., total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed or has an approved TMDL. The current lists of impaired waters of the U.S. under CWA Section 303(d) and waters of the U.S. for which a TMDL has been approved are available on EPA Region 10’s web site at: https://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-10. 21 EPA General Condition 5 – Notice to EPA All project proponents shall provide notice to EPA Region 10 prior to commencing construction activities authorized by a NWP. This will provide EPA Region 10 with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this CWA Section 401 WQC. Where the Corps requires a PCN for an applicable NWP, the project proponent shall also provide the PCN to EPA Region 10. EPA Region 10 will provide written notification to the project proponent if the proposed project will violate the water quality certification of the NWP. EPA General Condition 6 – Unsuitable Materials The project proponent shall not use wood products treated with leachable chemical components (e.g., copper, arsenic, zinc, creosote, chromium, chloride, fluoride, pentachlorophenol), which result in a discharge to waters of the U.S., unless the wood products meet the following criteria: 1. Wood preservatives and their application shall be in compliance with EPA label requirements and criteria of approved EPA Registration Documents under the Federal Insecticide, Fungicide, and Rodenticide Act; 2. Use of chemically treated wood products shall follow the Western Wood Preservatives Institute (WWPI) guidelines and BMPs to minimize the preservative migrating from treated wood into the aquatic environment; 3. For new or replacement wood structures, the wood shall be sealed with non-toxic products such as water-based silica or soy-based water repellants or sealers to prevent or limit leaching. Acceptable alternatives to chemically treated wood include untreated wood, steel (painted, unpainted or coated with epoxy petroleum compound or plastic), concrete and plastic lumber; and 4. All removal of chemically treated wood products (including pilings) shall follow the most recent “EPA Region 10 Best Management Practices for Piling Removal and Placement in Washington State.” NWP Specific Conditions: NWP 3 is conditionally certified, subject to the general conditions listed above, for all maintenance, repair or replacement activities authorized under this NWP, except that an individual project-specific WQC is required when the project involves: 1. Maintenance, repair, or replacement of shoreline stabilization using hard armoring approaches; or 2. Extending existing infrastructure beyond its prior footprint in fish bearing waters of the U.S.; or 3. Excavation or dredging in marine waters. Specific Tribes with Certifying Authority (Projects in Specific Tribal Areas): WQC was issued by the Swinomish Indian Tribal Community. WQC was waived by the Confederated Tribes of the Chehalis Reservation and Colville Indian Reservation, Kalispel Tribe of Indians, Port Gamble S'Klallam Tribe, Quinault Indian Nation, and the Spokane Tribe of Indians. WQC was denied by the Lummi Nation, Makah Tribe, Puyallup Tribe of Indians, and the Tulalip Tribes; therefore, individual WQC is required from these tribes. F. COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY RESPONSE FOR THIS NWP: Ecology’s determination is that they concur with conditions that this NWP is consistent with CZMA. 1. A CZM Federal Consistency Decision is required for projects or activities under this NWP if a State 401 Water Quality Certification is required. 22 Seattle District Regional General Conditions - Figures Figure 1: RGC 3 - WRIAs 8, 9, 10, 11, and 12 a. WRIA 8 23 b. WRIA 9 24 c. WRIA 10 25 d. WRIA 12 26 e. WRIA 11 27 Figure 2. RGC 4 - Commencement Bay Study Area NATIONWIDE PERMIT 27 Terms and Conditions 2021 NWPs - Final 41; Effective Date: February 25, 2022 amended with RGCs 10-14 June 28, 2024 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for All Final 41 NWPs C. Seattle District Regional General Conditions D. Seattle District Regional Specific Conditions for this Nationwide Permit (NWP) E. 401 Water Quality Certification (401 WQC) for this NWP F. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To be authorized by this NWP, the aquatic habitat restoration, enhancement, or establishment activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of one or more intact aquatic habitats or riparian areas of the same type that exist in the region. An ecological reference may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to the removal of accumulated sediments; releases of sediment from reservoirs to maintain sediment transport continuity to restore downstream habitats; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms are removed; the installation of current deflectors; the enhancement, rehabilitation, or re-establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders; the removal of stream barriers, such as undersized culverts, fords, and grade control structures; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to restore or enhance wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; coral restoration or relocation activities; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. 2 Except for the relocation of non-tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge of dredged or fill material occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity, the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting. For those activities that do not require pre-construction notification, the permittee must submit to the district engineer a copy of: (1) the binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing any activity (see general condition 32), except for the following activities: 3 (1) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Activities conducted in accordance with the terms and conditions of a binding coral restoration or relocation agreement between the project proponent and the NMFS or any of its designated state cooperating agencies; (3) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (4) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL 2021 NWPs - FINAL 41 Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be 4 used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 5 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant 6 of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation or conference with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will 7 verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. For non- federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, 8 and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring riparian areas involves planting vegetation, only native species should be planted. The width of the 9 required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee- responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).) (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee- responsible mitigation. (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already 10 meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state or federal, dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. The district engineer or a state may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 11 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. 12 The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) (i) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or 13 other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. (ii) For linear projects where one or more single and complete crossings require pre-construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and 14 (10) For an NWP activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre- construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure that the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. C. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to the 2021 NWPs - Final 41 NWPs for the Seattle District in Washington State, as applicable. RGC 1, Project Drawings Drawings must be submitted with a pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the United States will be affected. Drawings 15 must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. RGC 2, Aquatic Resources Requiring Special Protection A PCN is required for activities resulting in a loss of waters of the United States in wetlands in dunal systems along the Washington coast, mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons. RGC 3, New Bank Stabilization in Tidal Waters of Puget Sound Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11, and 12 (within the areas identified on Figures 1a through 1e) cannot be authorized by NWP. RGC 4, Commencement Bay No permanent losses of wetlands or mudflats within the Commencement Bay Study Area may be authorized by any NWP (see Figure 2). RGC 5, Bank Stabilization All projects including new or maintenance bank stabilization activities in waters of the United States where salmonid species are present or could be present, requires PCN to the U.S. Army Corps of Engineers (Corps) (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. RGC 6, Crossings of Waters of the United States Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the U.S. Army Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the applicant must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. 16 Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. RGC 7, Stream Loss A PCN is required for all activities that result in the loss of any linear feet of streams. RGC 8, Construction Boundaries Permittees must clearly mark all construction area boundaries within waters of the United States before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. RGC 9, ESA Reporting to NMFS For any nationwide permit that may affect threatened or endangered species: Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries, National Marine Fisheries Service (NMFS) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide Permit verification shall be reported to NMFS, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by the NMFS to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. RGC 10, Limitations on New Bank Stabilization Within the Salish Sea The length of new bank stabilization within waters of the U.S., including new bank stabilization associated with maintenance activities that would expand previously authorized armoring length, cannot exceed 50 linear feet within the Salish Sea under any NWP. RGC 11, Effects to Forage Fish Spawning Beaches, Drift Cells, and Feeder Bluffs) No NWP activity can: a. cause more than minimal adverse effects to forage fish spawning beaches or drift cells; or b. prevent the functioning of feeder bluffs, including more than minimal adverse effects to sediment recruitment, transport, or deposition. This regional general condition applies to all NWP activities within the Salish Sea. Information regarding the location of forage fish spawning beaches is available on the Washington Department of Fish and Wildlife’s (WDFW) Forage Fish Spawning Map at https://wdfw.maps.arcgis.com/home/webmap/viewer.html?webmap=19b8f74e2d41470cbd80b1 af8dedd6b3. Information regarding the location and movement of drift cells, shoreline stability, and coastal landforms, to include feeder bluffs, is available at the Washington State Department of Ecology’s Coastal Atlas Map website: https://apps.ecology.wa.gov/coastalatlasmap. These maps are resources that can be used to help identify the location of forage fish spawning beaches, drift cells, and feeder bluffs; they are not a substitute for site-specific data. Information about forage fish, their spawning habitats, and spawning behavior are available through the WDFW. Additional information about the importance of these species as prey species for Endangered Species Act listed salmonids can be found on the National Marine Fisheries Service website. 17 RGC 12, Bank Stabilization Design Considerations Bank stabilization activities, including maintenance activities, shall utilize living shorelines, vegetative stabilization, bioengineering, including but not limited to large woody material with intact root wads, and other soft bank stabilization approaches to the maximum practicable extent before considering hard bank stabilization methods such as bulkheads and rock revetments. RGC 13, PCNs for Activities in Areas Where There May Be Treaty-Reserved Tribal Rights To ensure compliance with General Condition 17, Tribal Rights, a pre-construction notification (PCN) is required for all NWPs associated with structures or fills in areas where Tribes have retained via treaty the right to fish in their usual and accustomed grounds and stations. RGC 14, Maintenance of Existing Bank Stabilization Structures and Fills (Applicable to NWP 3, Maintenance Activities) Maintenance of existing bank stabilization structures that expand the existing structure’s footprint or dimensions either waterward, vertically, or linearly along the shoreline within the geographic jurisdiction of the U.S. Army Corps of Engineers are not eligible for NWP 3. D. SEATTLE DISTRICT REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: NWP 27 Specific Regional Conditions: 1. A pre-construction notification (PCN) must be submitted to the district engineer (see NWP general condition 32) for any proposed project located in a Department of the Army permit compensatory mitigation site, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) site, Resource Conservation and Recovery Act hazardous waste clean-up site, Washington State Department of Ecology compensatory mitigation site, or Washington State Model Toxics Control Act clean-up site. 2. For projects subject to PCN, if there is a loss of waters of the U.S. the project proponent must explain in the PCN why the loss is necessary. The project proponent must also demonstrate how despite the loss of waters the overall project would result in a net increase in aquatic/ecological functions . 3. The PCN must contain a description of pre-project site conditions including presence of wetlands (including photographs) and aquatic/ecological functions the site provides within the watershed. 4. For projects that would result in a loss of waters of the U.S., the project proponent must include maintenance and monitoring plans with the PCN. 5. Restoration projects involving shellfish seeding must use shellfish native to the watershed. E. 401 WATER QUALITY CERTIFICATION: Depending on the geographic region of the work authorized by this verification, the appropriate 401 certifying authority has made the following determinations: Washington Department of Ecology (Ecology) (Projects in all areas except as described for the other certifying agencies listed below): General and Specific WQC Conditions A. State General Conditions for all Nationwide Permits In addition to all of the U.S. Army Corps of Engineers’ (Corps) national and Seattle District’s regional permit conditions, the following state general Water Quality Certification (WQC) conditions apply to all NWPs whether granted or granted with conditions in Washington where Ecology is the certifying authority. Due to the lack of site specific information on the discharge types, quantities, and specific locations, as well as the condition of receiving waters and the quantity of waters (including wetlands) that may be lost, Ecology may need to review the project if one of the following state general conditions is triggered. 18 This case-by-case review may be required, and additional information regarding the project and associated discharges may be needed, to verify that the proposed project would comply with state water quality requirements and if an individual WQC is required or if the project meets this programmatic WQC. 1. In-water construction activities. Ecology WQC review is required for projects or activities authorized under NWPs where the project proponent has indicated on the Joint Aquatic Resource Permit Application (JARPA) question 9e that the project or activity will not meet State water quality standards, or has provided information indicating that the project or activity will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). Note: In-water activities include any activity within a jurisdictional wetland and/or waters. 2. Projects or Activities Discharging to Impaired Waters. Ecology WQC review is required for projects or activities that will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter to determine if the project meets this programmatic WQC or will require individual WQC. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Aquatic resources requiring special protection. Certain aquatic resources are unique and difficult-to-replace components of the aquatic environment in Washington. Activities that would affect these resources must be avoided to the greatest extent practicable. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology WQC review is required for projects or activities in areas identified below to determine if the project meets this programmatic WQC or will require individual WQC. a. Activities in or affecting the following aquatic resources: i. Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth forested wetlands and mature forested wetlands. • Wetlands in coastal lagoons. • Wetlands in dunal systems along the Washington coast. • Vernal pools. • Alkali wetlands. ii. Fens, aspen-dominated wetlands, camas prairie wetlands. iii. Category I wetlands. iv. Category II wetlands with a habitat score ≥ 8 points. b. Activities in or resulting in a loss of eelgrass (Zostera marina) beds. This state general condition does not apply to the following NWPs: 19 NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 48 – Commercial Shellfish Mariculture Activities 4. Loss of More than 300 Linear Feet of Streambed. For any project that results in the loss of more than 300 linear feet of streambed Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 5. Temporary Fills. For any project or activity with temporary fill in wetlands or other waters for more than six months Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 6. Mitigation. Project proponents are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology WQC review or an individual WQC with unavoidable impacts to aquatics resources, a mitigation plan must be provided. a. Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress toward goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06- 032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approaches such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. 20 b. Mitigation for other aquatic resource impacts will be determined on a case-by- case basis. 7. Stormwater Pollution Prevention. All projects involving land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters. a. For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. b. Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. Application. For projects or activities that will require Ecology WQC review, or an individual WQC, project proponents must provide Ecology with a JARPA or the equivalent information, along with the documentation provided to the Corps, as described in national general condition 32, Pre-Construction Notification (PCN), including, where applicable: a. A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project discharge(s) would cause, best management practices (BMPs), and proposed means to monitor the discharge(s). b. List of all federal, state or local agency authorizations required to be used for any part of the proposed project or any related activity. c. Drawings indicating the OHWM, delineation of special aquatic sites, and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland Rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. d. A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See state general condition 5. e. Other applicable requirements of Corps NWP general condition 32, Corps regional conditions, or notification conditions of the applicable NWP. Ecology grants with conditions Water Quality Certification (WQC) for this NWP provided that Ecology individual WQC review is not required per the state general conditions (see above) and the following conditions: Ecology Section 401 Water Quality Certification – Granted with conditions. 1. Ecology WQC review is required if the project or activity is in a known contaminated or cleanup site to determine if an individual WQC is required or the project meets the programmatic WQC for this NWP. 2. Ecology individual WQC is required for projects or activities authorized under this NWP 21 if: a. The project or activity directly impacts ½ acre or more of tidal waters; or b. The project or activity affects ½ acre or more of wetlands; or c. The project or activity is a mitigation bank or an advance mitigation site. Environmental Protection Agency (EPA) (on Tribal Lands where Tribes Do Not Have Treatment in a Similar Manner as a State and Lands with Exclusive Federal Jurisdiction in Washington): On behalf of the 28 tribes that do not have treatment in a similar manner as a state and for exclusive federal jurisdiction lands located within the state of Washington, EPA Region 10 has determined that CWA Section 401 WQC for the following proposed NWPs is granted with conditions. EPA Region 10 has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 C.F.R. § 121.1(n), subject to the following conditions pursuant to CWA Section 401(d). General Conditions: EPA General Condition 1 – Aquatic Resources of Special Concern Activities resulting in a point source discharge in the following types of aquatic resources of special concern shall request an individual project-specific CWA Section 401 WQC: mature forested wetlands; bogs, fens and other peatlands; vernal pools; aspen-dominated wetlands; alkali wetlands; camas prairie wetlands; wetlands in dunal systems along the Oregon or Washington Coast; riffle-pool complexes of streams; marine or estuarine mud-flats; salt marshes; marine waters with native eelgrass or kelp beds; or marine nearshore forage fish habitat. To identify whether a project would occur in any of these aquatic resources of special concern, project proponents shall use existing and available information to identify the location and type of resources, including using the U.S. Fish and Wildlife Service’s online digital National Wetland Inventory maps, identifying project location on topographical maps, and/or providing on-site determinations as required by the Corps. When a project requires a Pre- Construction Notification (PCN) to the Corps, project proponents shall work with the Corps to identify whether the project is in any of these specific aquatic resources of special concern. EPA General Condition 2 – Soil Erosion and Sediment Controls Turbidity shall not exceed background turbidity by more than 50 Nephelometric Turbidity Units (NTU) above background instantaneously or more than 25 NTU above background for more than ten consecutive days.8 Projects or activities that are expected to exceed these levels require an individual project-specific CWA Section 401 WQC. The turbidity standard shall be met at the following distances from the discharge: Wetted Stream Width at Discharge Point Approximate Downstream Point to Sample to Determine Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet Lake, Pond, Reservoir Lesser of 100 feet or maximum surface distance For Marine Water Point of Compliance for Temporary Area of Mixing 22 Estuaries or Marine Waters Radius of 150 feet from the activity causing the turbidity exceedance Measures to prevent and/or reduce turbidity shall be implemented and monitored prior to, during, and after construction. Turbidity monitoring shall be done at the point of compliance within 24 hours of a precipitation event of 0.25 inches or greater. During monitoring and maintenance, if turbidity limits are exceeded or if measures are identified as ineffective, then additional measures shall be taken to come into compliance and EPA shall be notified within 48 hours of the exceedance or measure failure. EPA General Condition 3 - Compliance with Stormwater Pollution Prevention and the National Pollutant Discharge Elimination System Permit Provisions For land disturbances during construction that 1) disturb one or more acres of land, or 2) will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land, the permittee shall obtain and implement Construction Stormwater General Permit requirements,9 including: 1. The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP)10 and submit it to EPA Region 10 and appropriate Corps District; and 2. Following construction, prevention or treatment of ongoing stormwater runoff from impervious surfaces that includes soil infiltration shall be implemented. EPA General Condition 4 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharges into an active channel (e.g., flowing or open waters) of a water of the U.S. listed as impaired under CWA Section 303(d) and/or if the waterbody has an approved Total Maximum Daily Load (TMDL) and the discharge may result in further exceedance of a specific parameter (e.g., total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed or has an approved TMDL. The current lists of impaired waters of the U.S. under CWA Section 303(d) and waters of the U.S. for which a TMDL has been approved are available on EPA Region 10’s web site at: https://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-10. EPA General Condition 5 – Notice to EPA All project proponents shall provide notice to EPA Region 10 prior to commencing construction activities authorized by a NWP. This will provide EPA Region 10 with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this CWA Section 401 WQC. Where the Corps requires a PCN for an applicable NWP, the project proponent shall also provide the PCN to EPA Region 10. EPA Region 10 will provide written notification to the project proponent if the proposed project will violate the water quality certification of the NWP. EPA General Condition 6 – Unsuitable Materials The project proponent shall not use wood products treated with leachable chemical components (e.g., copper, arsenic, zinc, creosote, chromium, chloride, fluoride, pentachlorophenol), which result in a discharge to waters of the U.S., unless the wood products meet the following criteria: 1. Wood preservatives and their application shall be in compliance with EPA label requirements and criteria of approved EPA Registration Documents under the Federal Insecticide, Fungicide, and Rodenticide Act; 2. Use of chemically treated wood products shall follow the Western Wood Preservatives Institute (WWPI) guidelines and BMPs to minimize the preservative migrating from treated wood into the aquatic environment; 3. For new or replacement wood structures, the wood shall be sealed with non-toxic products such as water-based silica or soy-based water repellants or sealers to prevent or limit leaching. Acceptable alternatives to chemically treated wood include untreated 23 wood, steel (painted, unpainted or coated with epoxy petroleum compound or plastic), concrete and plastic lumber; and 4. All removal of chemically treated wood products (including pilings) shall follow the most recent “EPA Region 10 Best Management Practices for Piling Removal and Placement in Washington State.” EPA NWP Specific Conditions: NWP 27 is conditionally certified, subject to the general conditions listed above, except that an individual project-specific WQC is required when the project: 1. Involves dam removal; or 2. Involves greater than 1 acre of impacts to waters of the U.S.; or 3. Would impact greater than 500 linear feet of waters of the U.S.; or 4. Involves greater than 1/2 acre of impacts to tidal wetlands or waters. Specific Tribes with Certifying Authority (Projects in Specific Tribal Areas): WQC was issued by the Swinomish Indian Tribal Community. WQC was waived by the Confederated Tribes of the Chehalis Reservation and Colville Indian Reservation, Kalispel Tribe of Indians, Port Gamble S'Klallam Tribe, Quinault Indian Nation, and the Spokane Tribe of Indians. WQC was denied by the Lummi Nation, Makah Tribe, Puyallup Tribe of Indians, and the Tulalip Tribes; therefore, individual WQC is required from these tribes. F. COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY RESPONSE FOR THIS NWP: Ecology’s determination is that they concur with conditions that this NWP is consistent with CZMA. CZM Federal Consistency Response – Concur with Conditions. 1. A CZM Federal Consistency Decision is required for projects or activities under this NWP if a State 401 Water Quality Certification is required. 24 Seattle District Regional General Conditions - Figures Figure 1: RGC 3 - WRIAs 8, 9, 10, 11, and 12 a. WRIA 8 25 b. WRIA 9 26 c. WRIA 10 27 d. WRIA 12 28 e. WRIA 11 29 Figure 2. RGC 4 - Commencement Bay Study Area WCRO-2024-00329 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Region 1201 NE Lloyd Boulevard, Suite 1100 PORTLAND, OR 97232-1274 Refer to NMFS No: WCRO-2024-00329 February 4, 2025 P. Allen Atkins Chief, Regulatory Branch U.S. Army Corps of Engineers, Seattle District 4735 East Marginal Way South, Bldg. 1202 Seattle, Washington 98134-2388 Re: Endangered Species Act Section 7(a)(2) Concurrence Letter and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for authorization of the Madsen Creek 5-Year Sediment Basin Maintenance project, Renton, King County, Washington (HUC: 171100120107 – Madsen Creek-Cedar River) (NWS- 2009-0481) Dear Mr. Atkins: This letter responds to the U.S Army Corps of Engineers’ (USACE’s) February 15, 2024, request for consultation from the National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act (ESA) for the subject action. Your request qualified for our expedited review and concurrence because it contained all required information on your proposed action and its potential effects to ESA-listed species and designated critical habitat. Updates to the regulations governing interagency consultation (50 CFR part 402) were effective on May 6, 2024 (89 Fed. Reg. 24268). We are applying the updated regulations to this consultation. The 2024 regulatory changes, like those from 2019, were intended to improve and clarify the consultation process, and, with one exception from 2024 (offsetting reasonable and prudent measures), were not intended to result in changes to the Services’ existing practice in implementing section 7(a)(2) of the Act. 84 Fed. Reg. at 45015; 89 Fed. Reg. at 24268. We have considered the prior rules and affirm that the substantive analysis and conclusions articulated in this letter of concurrence would not have been any different under the 2019 regulations or pre- 2019 regulations. We reviewed your consultation request, and its enclosed biological evaluation and project drawings. The USACE request letter identified a 2019 NMFS letter of concurrence (LOC) for a previous maintenance project for the Madsen Creek sediment basin. Due to a typographical error in the 2019 LOC, that consultation was incorrectly identified as WCR-2019-10902 in the USACE request letter. The correct NMFS number was WCR-2018-10902. In summary, until March 4, 2029, the project would annually remove an estimated 500 to 1,000 cubic yards of sediment from the Madsen Creek sediment basin. The project would also remove boulders, large woody debris and vegetation that accumulate within the perimeter of the basin. Work would include the construction and removal of a temporary diversion dam to redirect creek flows through an existing diversion pipe during in-water work. -2- WCRO-2024-00329 All in-water work would be limited to the July 1 through August 31 in-work window for the area, and appropriate best management practices would be followed to limit impacts to the aquatic environment during project work. Based on our knowledge, expertise, and your action agency’s materials, we concur with the USACE’s conclusions that the proposed action is not likely to adversely affect the ESA-listed species and or designated critical habitats under NMFS jurisdiction. This letter underwent pre-dissemination review using standards for utility, integrity, and objectivity in compliance with applicable guidelines issued under the Data Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001, Public Law 106-554). The concurrence letter will be available at the Environmental Consultation Organizer (https://www.fisheries.noaa.gov/resource/tool-app/environmental-consultation- organizer-eco). A complete record of this consultation is on file at the Oregon Washington Coastal Office. Reinitiation of consultation is required and shall be requested by the USACE, or by the NMFS, where discretionary federal involvement or control over the action has been retained or is authorized by law and (1) the proposed action causes take; (2) new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; (3) the identified action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in the written concurrence; or (4) a new species is listed or critical habitat designated that may be affected by the identified action (50 CFR 402.16). This concludes the ESA consultation. MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT The NMFS also reviewed the proposed action for potential effects on essential fish habitat (EFH) designated under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), including conservation measures and any determination you made regarding the potential effects of the action. This review was pursuant to section 305(b) of the MSA, implementing regulations at 50 CFR 600.920, and agency guidance for use of the ESA consultation process to complete EFH consultation. In this case, the NMFS concluded the action would not adversely affect EFH. Thus, consultation under the MSA is not required for this action. Please direct questions regarding this letter to Lauren Liuzza in the Oregon Washington Coastal Office at lauren.liuzza@noaa.gov or 301-427-7878. Sincerely, Elizabeth Babcock Supervisor, North Puget Sound Branch Oregon Washington Coastal Office cc: Sarah Albright-Garland, USACE CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: Name of Permittee: Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following email or mailing address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch 4735 E. Marginal Way S, Bldg 1202 Seattle, Washington 98134-2388 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: __________________________________ Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: __________________________________N/A Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Provide phone number/email for scheduling site visits (must have legal authority to grant property access). Printed Name: ____________________________________________________________________________ Phone Number: _____________________________ Email: ____________________________________ Printed Name: Signature: Date: NWS.Compliance@usace.army.mil OR NWS-2009-481 City of Renton, Public Works Department, Surface Water Utility February 7, 2025 City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix E – Maplewood Basin 1999 Cleaning Memo & Current Photos FOR REFERNCE ONLY CITY OF RENTON MEMORANDUM DATE:October 7,1999 TO:Maplewood Sediment Basin File FROM:Daniel Carey SUBJECT:Maplewood Creek Sediment Basin Cleaning Notes and Observations The sediment basin was cleaned between 9/20/99 and 9/29/99.The following notes and attached figures and photos are for future reference when the basin needs cleaning again. Time Needed 9/20 Monday Mobilized to site -4 to 6 hrs 9/21 Tuesday Setup,organize,try to build first bypass dam (not successful)-8 hr 9/22 Wednesday Build bypass dam -2 to 4 hr (with material from previous day). Drain basin and Rescue fish -4 to 5 hrs. 9/23 Thursday Start removing sediment,stockpile to dewater -8 hrs 9/24 Friday Removing sediment,haul to dispose on golf course -8 hrs 9/25 Saturday Removing sediment,haul to dispose on golf course -8 hrs 9/27 Monday Finish removing sediment,place rocks in upper creek,start refilling basin over night -8 hrs 9/28 Tuesday Place rocks in upper creek,remove bypass dam,drain and close bypass pipe,general raking.-8 hrs 9/29 Wednesday General clean up and demobilize -8 hrs (est.) Cleaning takes about 2 weeks. Allow more time for the silty sediment to dry out. Cost Because we the proposed lump sum prices from the fish channel contractor (we already had a contract with)seemed too high we decided to use T &M for the work.It cost about $3,200 per day (full working day,excavator,loader,dump truck,including 8.6%tax). Disposal cost was minimal because the golf course took all the material for landscaping and future course revisions. The cost for hauling off site was estimated at $10 per cy for the truck and driver,plus $4 per cy for dry soil or $8 per cy for wet soil.The material could have gone to a soil site near Cedar Hills landfill,about a 2 1/2 hour round trip. Observations and Lessons Learned McCarty Trout Pond Be sure the adjacent property owner with the fish pond (Casey McCarty)is notified at least one week before the work starts.He will have to get a pump and place it in the creek adjacent his property to keep his fish pond full of fresh water. Be sure his inlet valve (in the sediment basin)is closed before starting to dewater the basin. Open the old bypass valve on the golf course (at the southeast corner of the pump shack, the key for the valve is in the pump shack).When that valve is closed it allows McCarty to back up water in the pipe into his pond.When the valve is open it allows water from the pipe (and sediment basin)to drain into the old creek bed. Bypass Dam Build the bypass tight at the concrete inlet.First place sand bags across bottom of creek to conform to bottom and help form a seal.Then place media bags (fabric bags filled with gravel/sand,about 3 ft square)on top of the sand bags. Place plastic membrane (one large sheet)on top of media bags and extending upstream about 15 feet out from bags.The membrane is placed about 15 feet upstream of the dam to help seal the bottom and reduce water bypass under the dam.The plastic membrane should be directed into the bypass structure. Use sand bags on top of the membrane and on the sides to seal it.Need sand bags along the upstream edge to help seal it. Dig a sump downstream of the bypass dam (about 5 to 8 feet)and place a submersible pump in it.Pump any seepage that gets past the dam back upstream. Be ready to rescue fish in the creek immediately after the bypass dam is placed. H:\FiIe Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\201 1 Pond Cleaning\1 602 1999-cleaning-Memopics\1 999 CIeanng Memo-Notes.DQC\DWC\tb Dewatering Basin Start early in the day! Use the 8-inch valve in the overflow weir and fish weir to initially draw the basin down. Slowly let the flow out to minimize the sediment stirred up. When the old valve at the golf course shack is opened the McCarty inlet can also be used to draw down the water level. After the water level is below the valve invert use a portable pump to remove water from the bottom of the basin.Flow from the 8-inch underdrain pipe is slow and didn’t seem sufficient to dewater the sediment. Fish Rescue Allow the entire day to draw the pond down and rescue fish.The fish need to be rescued as soon as possible.When the water level is low it may get too hot or oxygen depleted to allow them to survive for more than a few hours. Draw the water level down so there is only a small pond area,then net the fish in the pond (on 9/22/99 we captured about 40 to 60 fish from the pond). The WDFW electro shocker didn’t seem to work too well.We turned it up to higher level than shown on the instructions.Some fish were shocked and beached themselves, making capture easy.Wading with the shocker stirred up the silt and made it hard too see any shocked fish. When the water level was low (4 to 8 inches)it was possible to lay on the overflow weir and reach down to net fish.This worked a little better than electro shocking. When the McCarty inlet is used to drain the pond one person should be at it to net fish.A large number of smaller fish (1 to 2 inch)were captured there. Some of the rescued fish were placed in the top cell of the fish ladder,some were placed in the bottom cell or pool at the outlet. Recommendation -Make a large net (say 1.5’high by 3’to 4 wide)so it’s easier to scoop and capture fish.The net will have to be made before the project begins. You could also try to use an area net cast on the bottom,herd the fish to that side,then draw it up and capture them. Silty Soil at South End of Basin Clean the basin before more than 1 foot of silt accumulates at the south end. The silty soil at the south end needs time to dewater.Allow 3 to 4 days in the hot sun after the basin is emptied.It may also help to stack the silty material in the basin and let it continue to dewater before finally hauling away for disposal. H:\File Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects fCIP)’27-2057 MAPLEWOOD BASIN\201 1 Pond Cleaning\1 602 1999-Cleaning-MemoPics\1 999 Cleaning Memo-Notes.DOC\DWC\tb Sediment Removal First the trackhoe worked at the north end of the basin on the stable granular sediment.It scraped the upper channel,then moved onto the delta at the north end of the basin.It was able to sit on the delta,scrape the granular soil toward it,and form a large stockpile that would dewater. A front end loader was used to move granular soil stockpiled at the north end to a stockpile in the upper parking lot. The 1 foot granular layer above the liner felt hard when encountered,and was stable for the trackhoe to drive on.It was easy for the operator to detect when he had excavated through the sediment and reached the granular layer. The operator stockpiled some silty material on the granular soil and let it dewater over night,It lost some water and seemed drier and easier to work the next day. Recommend -Allow the silty soil 2 days to dry in place,then pile it in stockpiles in the basin so it can dewater further. Refilling the Basin It took about 12 to 16 hours to completely refill the basin at about 1/2 the flow.The 8-inch valve in the fish weir was opened about ¼of the way and the water level in the fish weir and basin was allowed to stabilize overnight.That placed the water level in the pond at about 4 inches below the fish weir. Next the bypass dam was removed and all the creek flow went into the sediment basin. The 8-inch valve in the overflow spillway was opened to keep about Y2 the total flow to the fish channel on the golf course (it should NOT be dried up).The water level in the pond was allowed to rise to just below the fish weir. The water level in the upper cell in the fish ladder needed to be draw down to drain the 18- inch bypass pipe,and avoid trapping any fish that may have swum into it.The 18-inch valve on the southwest side of the fish ladder was opened to draw down the water in the upper cell,the bypass pipe valve was closed,then the 18-inch fish ladder valve was closed.The 8-inch valve in the fish weir was opened to refill the upper cell from the sediment basin. The upper cell took about 1 hour to fill.The water level in the pond took about another hour to reach the top of the fish weir and begin flowing into the fish ladder. After flow had reestablished itself in the entire fish ladder the 8-inch valve in the overflow weir was closed and the sediment basin resumed normal operation. Note -The 8-and 18-inch valves had a small flow of water going through them after they were closed.After 2 or 3 days most of the flow stopped. Note -The 8-inch canal gate in the overflow weir was hard to close.The sliding gate valve seemed to be off center and scraping along one side.With too much force the valve stem bends and may eventually break.Use a hammer to tap the high side of the gate down and the valve should slide easily. H:\FiIe Sys\SWP -Surface Water Projects\SWP-27 -Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\201 1 Pond Cleaning\1 602 1999-Cleaning-MemoPics\1 999 Cleaning Memo-Notes.DOC\DWC\tb 9122199 Bypass Dam Looking North Bypass Dam Side view Just after installing Bypass Dam Plastic and sandbags upstream to reduce flow under dam 9122/99 Bypass Dam Pump in sump downstream of dam to catch any flow getting past dam Fish in sediment basin Fish rescued out of basin 9123199 Trackhoe working on coarse sediments at north end of basin Silty sediments at South end of basin About 2 feet of silty sediment at South end of basin. Gravel layer below silt .z4f4 \,•.•. 3 •.-‘••‘-.L ••j ¶4.- S..- S.,-d -.__:-- Basin about 112 cleaned, sediment piled for loading I .•‘.l____•-c I North end at rock weirs 9123199 Cleaning at north end of basin 9127199 Basin with sediment removed 9128199 Flow into newly cleaned basin North end, rock weirs of newly cleaned basin From Overflow Spillway looking North Maplewood Creek Sediment Basin 2016 Existing Conditions From North end looking South Overflow Spiliway From west looking east at Overflow Spiliway,south end of basin 2016 Erosion area on west bank McCarty Valve and Stand pipe C. .u:.. -----‘——.. -.‘-.. 08.23.2013 Maplewood Creek Sediment Basin 2025 Existing Conditions Overflow Spillway From north looking south From Overflow Spillway looking north City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix F – Madsen Creek 2008 Basin Cleaning & Current Photos FOR REFERNCE ONLY Madsen Sediment Basin 2008 Cleaning Temporary Bypass Dam Looking southwest Second Dam and Pump to collect flow getting past first dam Temporary Dam and 24-inch bypass pipe inlet Looking northeast Fish rescue and pump at north end of basin Looking North Sediment basin before cleaning -Looking Southwest Sediment basin, backhoe at south end starting to remove sediment Madsen Sediment Basin after cleaning. South end. Looking southwest Basin after cleaning. middle. Looking northwest Basin after cleaning. North end. Looking north Madsen Creek Sediment Basin 2025 Existing Conditions From north looking south From south/southwest looking northeast City of Renton Public Works Department Contract Documents for Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2025-2026 CAG-25-110 ______________________________________________________________________________ Appendix G – Maplewood Creek Sedimentation Basin Reconstruction and Improvement Project Plans -1996 (Partial Set) FOR REFERNCE ONLY SHEET 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. MAPTE WOOD CREEK SEDIMENTATION BASIN RECONSTRUCTION AND IMPROVEMENT PROJECT DRAWING DESCRIPTION LOCATION MAP AND DRAWING INDEX SITE PLAN UPPER CHANNEL REGRADING STANDARD DETAILS AND NOTES BASIN PLAN, SECTIONS AND DETAILS SPILLWAY PLAN AND SECTIONS SPILLWAY SECTIONS AND DETAILS FISHWAY PLAN, SECTIONS AND DETAILS MISCELLANEOUS SECTIONS AND DETAILS EROSION CONTROL PLAN Twp. j?-Jori wra I n,,r. mra PROJECT SITE a MAPLEWOOD GOLF COURSE 0 .25 .5 1 SCALE IN MILES VICINITY MAP SW 1/4 SECTION 15 TOWNSHIP 23N RANGE 5 E SE 1/4 SECTION 16 NE 1/4 SECTION 21 NW 1/4 SECTION 22 CITY OF RENTON STORM WATER DRAINAGE NOTES THE FOLLOWING NOTES ARE REQUIRED BY THE CITY OF RENTON TO APPEAR ON THESE PLANS. SOME NOTES MAY "lui APPLY TO THIS PROJECT.) 1. BEFORE ANY CONSTRUCTION OR DEVELOPMENT ACTIVITY OCCURS, A PRE — CONSTRUCTION MEETTNu MUST BE HELD WITH THE CITY OF RENTON DEVELOPMENT SERVICES DIVISION, PLAN REVIEW PROJECT MANAGER. 2. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE "STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION" PREPARED BY W.S.D.O.T., AND THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA), AS AMENDED BY THE CITY OF RENTON. 3. THE STORM DRAINAGE SYSTEM SHALL BE CONSTRUCTED ACCORDING TO THE APPROVED PLANS WHICH ARE ON FILE WITH THE CITY OF RENTON. ANY DEVIATION FROM THE APPROVED PLANS WILL REQUIRE WRITTEN APPROVAL FROM THE CITY OF RENTON DEVELOPMENT SERVICES DIVISION. 4. A DOPY OF THESE APPROVED PLANS MUST BE ON THE JOB SITE WHENEVER CONSTRUCTION IS IN PROGRESS. 5. DATUM SHALL BE U.S.G.S. UNLESS OTHERWISE APPROVED BY CITY OF RENTON. REFERENCE BENCHMARK AND ELEVATION ARE NOTED ON THE PLANS 6. ALL SEDIMENTATION/EROSION FACILITIES MUST BE IN OPERATION PRIOR TO CLEARING AND BUILDING CONSTRUCTION, AND THEY MUST BE SATISFACTORILY MAINTAINED UNTIL CONSTRUCTION IS COMPLETED AND THE POTENTIAL FOR ON —SITE EROSION HAS PASSED. 7. ALL RETENTION /DETENTION FACILITIES MUST BE INSTALLED AND IN OPERATION PRIOR TO OR IN CONJUNCTION WITH ALL CONSTRUCTION ACTIVITY UNLESS OTHERWISE APPROVED by THE DEVELOPMENT SERVICES DIVISION. 8. GRASS SEED MAY BE APPLIED BY HYDROSEEDING. THE GRASS SEED MIXTURE, OTHER THAN CITY OF RENTON APPROVED STANDARD MIXES, SHALL BE SUBMITTED BY A LANDSCAPE ARCHITECT AND APPROVED BY THE DEVELOPMENT SERVICES DIVISION. 9. ALL PIPE AND APPURTENANCES SHALL BE LAID ON A PROPERLY PREPARED FOUNDATION IN ACCORDANCE WITH SECTION 7- 02.3(1) OF THE CURRENT STATE OF WASHINGTON STANDARD SPECIFICATION FOR ROAD AND BRIDGE CONSTRUCTION. THIS SHALL INCLUDE NECESSARY LEVELING OF THE TRENCH BOTTOM OR THE TOP OF THE FOUNDATION MATERIAL AS WELL AS PLAGEMENT AND COMPACTION OF REQUIRED BEDDING MATERIAL TO UNIFORM GRADE SO THAT THE ENTIRE LENGTH OF THE PIPE WILL BE SUPPORTED ON A UNIFORMLY DENSE UNYIELDING BASE. ALL PIPE BEDDING SHALL BE APWA CLASS "C', WITH THE EXCEPTION OF PVC PIPE. ALL TRENCH BACKFILL SHALL BE COMPACTED TO MINIMUM 95% FOR PAVEMENT AND STRUCTURAL FILL AND 9O% OTHERWISE PER ASTM D- 1557 -70. PEA GRAVEL BEDDING SHALL BE 6" OVER AND UNDER PVC PIPE. 10. GALVANIZED STEEL PIPE AND ALUMINIZED STEEL PIPE FOR ALL DRAINAGE FACILITIES SHALL HAVE ASPHALT TREATMENT #1 OR BETTER INSIDE AND OUTSIDE. 11. STRUCTURES SHALL NOT BE PERMITTED WITHIN 10 FEET OF THE SPRING LINE OF ANY DRAINAGE PIPE, OR 15 FEET FROM THE TOP OF ANY CHANNEL BANK. 12. OPEN CUT ROAD CROSSINGS THROUGH EXISTING PUBLIC RIGHT —OF —WAY WILL NOT BE ALLOWED UNLESS SPECIFICALLY APPROVED BY CITY OF RENTON. 13. ROCK FOR EROSION PROTECTION OF ROADSIDE DITCHES, WHERE REQUIRED, SHALL BE OF SOUND QUARRY ROCK PLACED TO A DEPTH OF 1 FOOT AND MUST MEET THE FOLLOWING SPECIFICATION: 4 "- 8`/40 % -70% PASSING; 2 " -4" ROCK /30% -40% PASSING; AND t2" ROCK /10 %20% PASSING. 14. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING ADEQUATE SAFEGUARD, SAFETY DEVICES, PROTECTIVE EQUIPMENT, FLAGGERS, AND ANY OTHER NEEDED ACTIONS TO PROTECT THE LIFE, HEALTH, AND SAFETY OF THE PUBLIC, AND TO PROTECT PROPERTY IN CONNECTION WITH THE PERFORMANCE OF WORK COVERED BY THE CONTRACT. ANY WORK WITHIN THE TRAVELED RIGHT —OF —WAY THAT MAY INTERRUPT NORMAL TRAFFIC FLOW SHALL REQUIRE AN APPROVED TRAFFIC CONTROL PLAN BY THE TRANSPORTATION DIVISION. ALL SECTIONS OF THE W.S.D.O.T. STANDARD SPECIFICATION 1- 07 -23, TRAFFIC CONTROL, SHALL APPLY. 15. SPECIAL DRAINAGE MEASURES WILL BE REQUIRED IF THE PROJECT LOCATION IS WITHIN THE AQUIFER PROTECTION AREA. jT C b m o o x v m z . 1 to 0 z a 0 z I o f h sv vPO's! WAsy c NORTHWEST, INC. y P'` 0 9a .'e CITY OF RENTON Engineers and Scientists Bellevue, Washington 2353 -1307H AVE NE, SUITE 200 0 25792 DEPARTMENT OF PUBLIC WORKS BELLEVUE. WASHINGTON 98005 s1 y.ONAI. G, MAPLEWOOD CREEK SEDIMENTATION BASINE, FAX: (z0 2 i RECONSTRUCTION AND IMPROVEMENT PROJECT EXPIRES 12 -21 -97 LOCATION MAP AND DRAWING INDEX DESIGNED: R.S.P. HNW DRAWN; C.L.C. HNW CHECKED: D.E.P. HNW DATE: 7 -15 -96 FILE NAME: SHEETI SCALE: AS NOTED FlEIO PAGE: A AS - gDi LT NOTES ADDED DWN 1 1 rj -II-9$ NO. REVISION I BY PPROX ATE APPROVED; SHEET: 1 OF: 10 , C b m o o x v m z . 1 to 0 z a 0 z I o f h sv v Is it SEE MestlwEA•n1E0., LfAcKiAAJ A;JD MC STA 1 +00. I.E. 133.0# MATCHLINE MC STA 4 +50 _ $(J (N -L IASSocAS.gv1LT DRAWtub =aR / BEGIN SEDIMENT REMOVAL, - t - - - 1 - - IREEKAK..1vuMENT- i CHANNEL REGRADING AND GRADE ` l 1 HORIZONTAL AND VERTICAL DATUM: HORIZONTAL - NAD1983 91 FEETT!EUt C APPROX EXISTING MAPLEWOOD CREEK. k MC STA 4+55 / BOULDERS, MAP `E^ (MC STATIONS APPROX. BASED ON l 1. f ' END OF BUILDER CLUSTERS O 20' O.C. VERTICAL NAVD 1988 FEET EXISTING CREEK, ORIGIN O MC STA. 2+00) 1' r COORDINATES AND ELEVATION1le1SREMOVEEXISTING9 "0 WOOD PIPE BASIS OF BEARING, .f...._lNETW_ ,.N FROM THE CITY OF 3 431° CEDAR I 40" M RENTON SURVEY CONTROL NETWORK. SET GRADE BOULDERS UPSTREAM OF MC STA 4+80 AND MC STA 5+37, \ MATCH EXISTING GRADE EL 114 AT APPROX. HORIZONTAL RENTON CONTROL #1897 MONUMENT IN CASE APPROXIMATELY1t3'' HEMLOCK SEE SHEET 3 `. MC STA. 4+80 ANCHOR BASIN LINER UPSTREAMi.. 150' FROM INTERSECTION OF SE 5TH ST. AND NEWPORT AVE. SE, ON50" MAPLE OF STA. 4+80 PER Scrnnr e_A c14Ecr 5A % '9" 'i. l . 115 LF. 18" PLASTIC BYPASS PIPE, ' ' CENTERUNE OF SE 5TH ST. REMOVE SEDIMENT BEHIND j C STA i+ S - 0.0377 < i BASIN LINER LIMITS DAM AND REGRADE CREEL. / _ I BEGIN GEOGRID, WRAP HORIZONTAL RENTON CONTROL #1888 MONUMENT IN CASE ON UEIS O 90' TO Q- AND PI STA 2+70.96 , PLACE 2 SETS OF BOULDER MAPLE VALLEY HIGHWAY ABOUT 1000' EAST OF INTERSECTIONPERt3ROF7ESHEET31v / 1 ARMOR 10' UPSTREAM n CLUSTERS AT POND TRANSITION OF SOUTHEAST 5TH ST. 4 r J r X. / BANK EAVY LOOSE THICK RIPRAP ri 3 P14 „ r',; P11 AREA AS SHOWN K % PI STA 2+32.52 I; VERTICAL RENTON CONTROL #1520 HUB AND TACK IN MONUMENT i3O" LLUf 42" EDAR 00 ' ' CUT, PLUG UPSTREAM END AND CASE APPROX. 100' NORTHEAST OF INTERSECTION OF SE 5TH ST. ROAD RECONSTRUCTION _ ! l f 2 24" H I ill t o REMOVE EXISTING 4 "0 PVC PIPE AND MAPLE VALLEY HWY. C_Te 6_31 LSA7 I I ' 1 OMITS Of ACCESS J LOCKING SOUD Up /. /` I I! 9% CUT, PLUG UPSTREAM END AND # 1888 = NORTH - 176661.92 j 1 RIM EL 14frf3 1!5.39 i i I1 _ %" I` X12 \ REMOVE EXISTING 8 "0 METAL PIPE EAST - 1307901.12 PI STA 5+71.84 a ',: 12" MAPLE I.E. 1116.7, 18" NE 111.5 ! P l Q 3& I.E. 1}} 67 t8" SW , P13 J, BASIN LINER LIMITS AT # 1897 =NORTH - 176649.20 I SHEET 311 u1,5 \ END OF ANCHOR TRENCH EAST - 1309351.19 MC 2+00 `( a .a ) G REMOVE UPPER ij UPSTREAM FACE OF „ B3 - , \ REMOVE EXISTING IRRIGATION INLET # 1520 = ELEV. _ •65:36 EWSTING i CONCRETE DAM ) I ( CONCRETE DAM, MATCH EXISTING ROAD r i Z,SCo SEE SECTION C. GRADE O EL 115.17 \ AND PIPE UPSTREAM OF NEW INLET I SHEET 3 - ? J STRUCTURE TO NEW CONNECTION LOCATIONMCSTATIONSAPPROXIMATE \ BASED ON It EXISTING CREEK) ' In j3h• 1 '• r HUB AND i C0 \ ; REMOVE EXISTING CONCRETE WEIR REMOVE AND STOCKPILE t ` 1 " 1 I - E 1311401.54 ' I 5- CRU 1 KI* AC i \ \ `. ( CONCRETE ECOLOGY BLOCKS AND SANDBAGS) RPRAP FOR REUSE AS / 3)I `i, ON g RAMP \ \ APPROXIMATE EDGE OF EXCAVATION SHOWN IN SECTION D-D. / Y."j" ! ! I 83 LF. 18' PLASTIC BYPASS PIPE. . SHEET 3 19 `` i ' % r % i V t \' \ ` FINISH GRADE CONTOUR EL. 115.171 , S = 9AE91 0.0206 p J \ \ . iT.O. ROAD EL 115.17 PLACE 5" CRUSHED SURFACING I ;v y ' 7 34' - APJIE i i r t i ! - \ REMOVE AND STOCKPILE IXISTINC 0 2 14" HEMLOCK \ \ OVER PREPARED ACCESS ROAD. O \;a \ \ RIPRAP FOR REUSE ARMOR DITCH `\ STA 231 30 >n 6+35137 lam . j I ' - APPROX. OMITS OF I I 1OB.6- \ \ CHECKED FOR COM, L. - i EXISTING UNSTABLE WITH QUARRY SPACES 0' /M' i I ,.t P21 ',, p ! l E I SLOPES ( V ' •,V P8 A;l ,r 1 CRT P16 ! w v - - _ = y vy , A, T CITY STV.-DARDS 2' THICK VEGETATED HEAVY' P I \ d e \ NEW INLET FOR EXISTING IRRIGATION LOOSE RIPRAP I \ \\ : x \ ` 3h: \ 4', PIPE, SEE SHEETS 6 AND 7 - - -- late t1 i MAPLE 14" HEM i , ` /t SLOPE TO BE REVEGETATFD 44 \ \ @.(SHEET 5) Date • r9r GRAW gMnn Tae: s 25 Or WITH A MIX OF EROSION 24" i - -- DG n PERPROFILE DETAILS AND°'i i' f CONTROL GRASSES AND P9 -- e SECTION, SHEET 3 1 , YDROSEED AND NATIVE SHRUBS (TYP.) - - / CL EMBANKMENT DAM, TIE INTO1 H I ,+ 3H1 V 1 67 Z \, ROOTED STOCK SEE SHEET 5 i 0, GRADE O 115.17EXISTING 7r t' i LOCKING SOUD UD B4 RIM EL 115.13 115.07 n N I (I _ -_ P19 \ \ \„ \ P1 I , I.E. 110.00, Ile NE 50" CEDAR I.E. 110.00, 18" S s` ( 31312 APPRdtPISTA4+65.26 i 1 1 EWER MH t \ i , , 28 LF. 18" PLASTIC BYPASS PIPE ! ' ! I I, \ \ CL SPILLWAY STRUCTURE, A 5 = 0.0539 65 I '° Q?,7Y P1$ \ \ \ , \ ! F/ SEE SHEETS 6 AND 7Y `` /P 6 TYPICAL BOULDER CWSTER, SET 3 ! , (L FISHWAY OUTLET I I 110 CQO O \ y i CONNECT NEW 4" PVC 25 TO 3' BOULDERS AT LEAST 1/2 N '2 4 44" FIR STRUCTURE, SEE SHEET 8 " ! API E I I; I I 3'`O 0 \ \ ` IRRIGATION PIPE TO EXISTING P -- BOULDER DIAMETER INTO FINISH GRADE. \ Q I I , h \ \ \ -- ALTERNATING SIDES OF CREEK AS ' 20' HEMLOCK STA 1+00 \ \ I \ , IRRIGATION PIPE DOWNSTREAM t 1 \ \ OF TOE OF EMBANKMENT, SEE A5 -t3U I LTDIRECTEDBYCITYPERSPECIFICATIONS1Ro • ti BEGIN ACCESS ROAD ) 1 ( RTES MC STA 3+30 20' HE \ \ DETAIL 1, SHEET 7 30" MQPL .a 108.67 \ ; i 1i2P L PLACE HEAVY LOOSE RIPRAP A. CLAYEY SoaL EXCAVATt D. END GEOGRID, WRAP LIFTS O 90' SURFACE EMBANKMENT TO EL 11 ;; / , o, rr ' O TO ,AND ARMOR 20' DOWNS TREAM AROUND PERIMETER OF SED BASIN / V \ yD 5 ,j PlbouT 3 To ¢ jF 0" , v \ DOWNSTREAM OF OUTLET I WITh VEGETATED HEAT. LwSE RIPRAPTO STA 2+30 AND ACCESS RAMP Z (C R 9 C 40 "'' APL STRUCTURE, 2' THICK MIN. OuARR / SPAU S PLACE D REMOVE EXISTING CULVERT AND ` ' \ \ y f \ \' BLANKET 25'W X 15' LONG, REPLACE PATH NEW 2#-6 -GALV. 3« ADS - , WITH 5" CRUSHED SURFACING \ \ ,\; AREA,.[ S T LAYS Y ES. CULVERT RIPRAP REAM RI DETAIL. ' ! MC STA 3 +50, I.E. 118.29 MATCH EXISTING SLOPES © AREA GF OW LI Y SOIL S NrLVE T RIPR IE 720.75 - I RELOCATE EXISTING SEWER - \ LEFT BELOW UNER i 1 END GRADE BOULDERS MANHOLE APPROX. 90' TO y ' ( s CAPPRtuc.) SEE MAPLEWOOD GREEK ;18 MA L _ _ __ REMOVE 90 L.F. EXISTINGOI,TLET :E 118.24 . ,1 THE SOUTH AND REMOVE ; : r - - G \ \\` o N 1 " M P SEWER PIPE UPSTREAM OF C. OF i 1 t' PROFILE SHEET 3 EXISTING SEWER PIPE EL 115 7 \ F3ERMS AND dA SI AJ i ry w RELOCATED MANHOLE CoN STRUTTED PLACE 10'W X 51 X 2' THICK' 1 1e ` f _ v IMPoR7c1> a P.AAI U1_AfL HEAVY LOOSE RIPRAP BLANKET ', _ NC STA 3+75 \ J \ AT UPSTREAM END \ I i BEGIN BOULDER N 176058.79 P2 \ \ CLUSTERS O 20' O.C. \ '\ E 1311399.29 \ \ t ! \ ) APPROXIMATE (L EXISTING 1 I MAPLEWOOD CREEK, MC STATIONS I _ \ 702 P3 EXTEND 1.5' THICK HEAVY LOOSE RIPRAP 1 ., ! y., \, \\ \ \ 1 \ --- NEW LOCATION OF EXISTING a1 6' UPSTREAM AND DOWNSTREAM OF a,, UPSTREAM MANHOLE (MATCH PI STA 3+52.62 1 '$ STRUCTURE ALONG BANK SLOPE AND OMITS OF ACP REMOVAL, REMOVE POWER POLE 1 , \ \\ 2 !IMF "! 4 I1AP / EXISTING PIPE INVERT EL 97.11) OUT TO CHANNEL AND DISPOSE OF PAVEMENT NOR \ \ CTR CHAD EL CL. 97.4- AND EAST OF LIMIT ONES, I / \ \ \\ \ BYPASS PIPE !411FT `V.. RESURFACE WITH CRUSHED P4 \ \ \ \ APPROXIMATE LIMITS OF STRUCTURE, SEE PLAN ', I, 61 SURFACING FOLLOWING \ \ EXISTING ACP AND SECTIONS, SHEET 9 _ t PLACEMENT OF EMBANKMENT \ \ \ 7r {I II.E. 17 1 n i L , / ' \ \ \ \ ;, APPROX. CL EXISTING CB I;36 i LOCKING SOLID UD 1 % \ STREAM STATIONS) RIM EL fiY6e8 122•x+ = i I \ \ M NS I.E. 1 115.8 54 DAR I t '!6 94l. $" E PROTECT 54" CEDAR 1 I.E. 116.68 18' SW 1 FREASSTOCKPILE " HEMLOCK \ ' P5 \\ V 117' 0.9294 PLASTIC BYPASS PIPE. I . - \ \ \ \ SCALE 0 , ,10 20 40 FEET 1. - 1 1,- 0.027 MATCHLINE MC STA 4 +50 1" = 20' PO L ACCESS ROAD SCHEDULE su7w1 6oaoaat oa7[1,o rt LMM40 t+66E ww n a" Insists ran 1..1mmw In ----. E 131111" 1117!+ 247641 M 1Now C 13116361s ra17. 34eEA1l N 11061637 t3R610- ran. 547U/ M i10111U figlDlO E 1311530.41 KSR O ROAD N " C t30t74116 P2 18" BYPASS PIPE SCHEDULE Itse coon 01 NORIIMO I Enna 41 an Sw= Nine" E anon" 6Wa Q n36t O tYPE 1 N 175761.07 IE1311MV O Ot 716! 1 N 1NWM E 134144167 N TtFE 1 N 176107.40 C 134143114 41 Y 6601 001711M.31), [ 13114131.1 1 be= 11149M am am O1+.om LEGEND 1114141 acme nrdtwm K Part a aIRMA141E pEDN" OF aW VE) 7W A TOR Cr 1N111INE 1 P7 FW OF TANODILY OM OF OJM 1rRrp- t!'7 m POND EMBANKMENT AND ACCESS RAMP LOCATION SCHEDULE Nax WNW LMM40 114114 of aE a anallm" IM NOIINia tun= FDM aaa D. a6TC®w iaN M N imam C 13110!.79 11617 Ill 736AN116R DAM P13 N 17016626 E 1311530.41 111.0 00TIOM • NIT P2 N 1700163E a 131143616 11617 4L 8011011113411,17 DAM P14 N IMBLn E 131101'1" 10657 0017011 OF MM P3 N 17001601 E 1311417.13 11617 0001611 A0flN0 RAIN P15 N 17014303 E 1311501.61 10167 Cae7f61CNON Pa1T N N 17MOU 11311415,41 IOU C,,, AOa21'6 RAIN Pie N 17011630 E 131147600 10657 6011011 ACCESS RAN PO N 170411.10 t 131140100 io" emm ACCOS RAW 117 N 17WTJ2 913114"79 10610 11011MA O RDWY PF N 176017.14 1131140&13 11617 11 - AC16'K RAN P16 N 17000672 E 131144916 11616 term O R.01G1Y P7 N 17000616 t 13113".16 11617 NR or OIfAN6R Pit N 170067.07 E 1311407.40 4167 00110Y • 11P6LMY PO N 17601660 E 1311011.41 10667 1071011 1"601 • l61AAY E IMIOU70 10657 Comm ammy N 16241 5 1311071.61 10667 00T1a1 IN wm P21 N 1411.72 9131146912 106 60T= AC0193 RAW MO N 1 1 [ 134100606 10667 00ROY K 0A0N 027 N 17610602 E 131101300 10667 10E a= itl 111 N 113147.41 5 13111"10 10667 OOTIOY OF 611.1 023 N 176141/6 E /31116141 OF ACC135 RDID 012 N 17011606 E 13110063E 111.00 tORm • lm I P20 N 17316116 I C 131146641 1 11617 1 0MM A0CE41 RAN P20 41!78068.45 6 C o o X ro m 4 M"mek tz z' z 0 U v S EXCEPT AS NOTED I ry, NOTE. G• a' A e A F SEE BASIN PLAN, SHEET 5, NORTHWEST, INC. A 172+ 09 CITY OF RENTON FOR VEGETATION AND Engineers and Scientists DEPARTMENT OF PUBLSC WORKSSUBDRAINLOCATIONS. Bellevue, Washington 257922353 -1301H AVE NE, SUITE 200 80-LML WASHINGTON 980D5 13 'rEt G4' MAPLEWOOD CREEK SEDIMENTATION BASIN W SM2 VAL RECONSTRUCTION AND IMPROVEMENT PROJECT C o o X ro m 4 M"mek tz z' z 0 U v I i EXCAVATE SEGMENT I TO NEW SHONE SLOPE AS 130 Ld ! FILL TO NEW SLOPE _. Ilj I WITH NATIVE MATERIAL UPSTREAM OF DAM 120 4 SE S HERtwa'1}1EiL Lr=ACAW.fj AS $u1L-I D¢AwIAb F6R A(,TaAa cREEx ELEVAmeg ti Cral I MC STA 1+00 REINFORCED FILL AND CHANNEL SLOPr -- NAT\ OVER MC STA 2 +00 M p/ pp p MAp1 EYMCI V!"...e! PROF G 110 SCALE O 20 40 FEET I 1 I l HORIZONTAL• 1" - 20' GPAIE 0 5 10 FEET VERTICAL- 1' = 5' a S m_ m n n ,. z tqq d InW } Z +'Q +'Gp ce17prd J ja F ^ F o ¢ Z, F En t/ In cv a s r W Z2 l2 OIdO 2OIL ZmJ J _ EXISTING CON RETE', - - BASIN LINER... _ ECOLOGY BLO K WEER EX AVATE SEDIMENTATION BASIN 130 120 110 100 i . 00 MC STA. 3+00 MC STA 4+00 MC STA. 5 +00 MC STA. 6 +00 SLOPE TO DRAIN, 5H:1V 6" PLANTING SOIL MAPLEWOOD CREEK ROOTED HYDROSEED ST AND PLANT EXISTING HYDROSEED AND PLANT ROOTED STOCK ABOVE RIPRAP GROUND 1 ROOTED STOCK, ABOVE 2' MIN. OVERLAP TYP. GEOGRID - MATCH EXIST. ACCESS ROAD EXISTING GROUND 2' 4' 4' - - - - - - 8't 11' 13't 1 NATIVE STRUCTURAL FILL EL 134.0 1.1 2' MAX. COMPACTED STRUCTURAL _ TO. CONCRETE GRADE FILL TYP EACH LIFT - - 7* - - - - 6° PLANING SOIL = EL. 132.0 LDERS INTO 1 - - - 1 O - iED GRADE 6" PLANTING SOIL BETWEEN 2,0' THICK RIPRAP W/ LIVE a l EACH GEOGRID LIFT --' 1 STAKING VEGETATION (REUSE MIN. I.E. VARIES RIPRAP STOCKPILED FROM 1 EXISTING CHANNEL BANKS EXCAVATION LIMITS CHANNEL REGRADING) SHOWN (SEE SECTION D -D a, 1' PER CL PROFILE ( AND MAPLEWOOD CREEK CL I rn GEOTEXILE FABRIC / MIN. PROFILE FOR CHANNEL g' TYp 2' THICK HEAVY EXCAVATION LIMITS LIVE CUTTINGS 10 BETWEEN GEOGRID LIFTS DUAL RM OF MAM D l1J XISS CHANNEL SLOPE STABILIZATION GEOGRID TYP. - COMPACTED SUBGRADE MAPLEWOOD 73(N i - - - - - iEfY 2 TO 3' DIA HYDROSEED AND PLANT 4' 4' TS BOULDERS INTO ROOTED STOCK, FINISHED GRADE, ABOVE GEOGRID FORM CONTINUOUS UIS z LINE EXISTING GROUND 1 i` NATIVE STRUCTURAL FILL SET TOP OF BOULDER 2' MAX. COMPACTED IMPORTED tw (OR LOG TO GRADE BACKFlLL TYP. EACH LIFT CL SHOWN ON MAPLEWOOD EAST BANK GRADE CREEK PROFILE s BOUL -RS SIMPLAR BUT j j /i 6" PLANING SOIL BETWEEN OPPOSITE TO NEST BANK _ 6' MIN. ANCHORED LOG EACH GEOGRID LIFT T rV 807H ENDS GRADE CONTROL. FILL; vDlus WITH _ IL. LIMIT OF EXCAVATION SEE SPECIFICATIONS GEOTEXE FABRIC s LIVE CUTTINGS1`m $ BETWEEN GEOGRID LIFTS J a (LOOKING DOWNSTREAM) SCALE 0 5 10 FEET CHANNEL SLOPE 3 r i I I STABILIZATION GEOGRID TYP. - 1" - 5' COMPACTED SUBGRADE y Swp r e s•s7 a LOOSE RIPRAP MOuIFlCATIONS) oc - DC i TYPICAL CUT SECTION, SHEET 2) - - - - -- REMOVE AND STOCKPILE J EXISTING RIPRAP FOR REUSE ON WEST BANK NOTE: SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. OF CHANNEL REMOVE EXISTING CONCRETE C - C DAM (DIMENSIONS BELOW HYDROSEED AND PLANT GRADE ARE UNKNOWN) AND (SHEET 2) SLOPE TO DRAIN, 5H:1 V ROOTED STOCK ABOVE RIPRAP REPLACE WITH COMPACTED NATIVE FILL BELOW GRADE 6' PLANTING SOIL MAPLEWOOD CREEK AS SHOWN ON MAPLEWOOD NOTE: THE ABOVE DIMENSIONS FOR CONCRETE 12MIN. ' OVER TYP. CREEK G PROFILE DAM ARE APPROXIMATE AND MUST BE FIELD VERIFIED AS NECESSARY BY THE CONTRACTOR. 2' V 4' MATCH EXIST. ACCESS ROAD i ORAPPROVALSCALE0510FEETFORAPPROVAL APPROVAL i1 i i l p, BY D l9 -9L A-1 t 1 "5' 75 6' PLANING SOIL BY__.__ 1 1 NATIVE STRUCTURAL FILL PO BY i 2.0' THICK RIPRAP W/ LIVE I a A I 1 -W A 1 STAKING VEGETATION (REUSE E. VARIES RIPRAP STOCKPILED FROM NORTHWEST, INC. CITY OF RENTON 1' - - PER PROFILE CHANN0. REGRADING) A r MIN. Engineers and Scientists 2' THICK HEAVY \ — NATIVE STRUCTURAL FILL Bellevue, Washington 25 9Z { DEPARTMENT OF PUBLIC WORKS 6' TYP. 2333 -1307H AVE NE, SUITE 200 3' 4 LOOSE RIPRAP FAX- BEV.EVUE. MN e8BS AL MAPLEWOOD CREEK SEDIMENTATION BASINW. DF 1ELI (206) 8U -2455 RECONSTRUCTION AND IMPROVEMENT PROJECT TYPICAL FILL SECTION, SHEET 2) EXPIRES 12 -21 -97 UPPER CHANNEL REGRADING SCALE 0 5 10 FEET DESIGNED: NTD /RSP HNW PA E: 7 -15 -96 FILE NAME: SHEET3 1 1 1 I I DRAWN: C.L.C. HNW 1" 5 A A$ • B U T EILTNOS ADDED DW N 5•! 1 -% CHECKED: D.E.P, HNW SCALE: AS NOTED nELO a ox: ancE: NOTE. SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. NO. REVISION BY APPR. DATE APPROVED: SHEET: 3 OF: 10 4-L 7 tss C o d o W roz 1 0 z 0 v U v it SETS OF GRADE BOULDERS pw / 41 z v O 25' O.Q. S - O.OM FT/FT S w m 4 F S wiF= 0 o W 1 AND SECTION. THIS SHEET L w a a ww Z w= O DENOTES ANCHOR LOG EXCAVATE SEGMENT I TO NEW SHONE SLOPE AS 130 Ld ! FILL TO NEW SLOPE _. Ilj I WITH NATIVE MATERIAL UPSTREAM OF DAM 120 4 SE S HERtwa'1}1EiL Lr=ACAW.fj AS $u1L-I D¢AwIAb F6R A(,TaAa cREEx ELEVAmeg ti Cral I MC STA 1+00 REINFORCED FILL AND CHANNEL SLOPr -- NAT\ OVER MC STA 2 +00 M p/ pp p MAp1 EYMCI V!"...e! PROF G 110 SCALE O 20 40 FEET I 1 I l HORIZONTAL• 1" - 20' GPAIE 0 5 10 FEET VERTICAL- 1' = 5' a S m_ m n n ,. z tqq dInW } Z +'Q +'Gp ce17prd J ja F ^ F o ¢ Z, F En t/ In cv a s r W Z2 l2 OIdO 2OIL ZmJ J _ EXISTING CON RETE', - - BASIN LINER... _ ECOLOGY BLO K WEER EX AVATE SEDIMENTATION BASIN 130 120 110 100 i . 00 MC STA. 3+00 MC STA 4+00 MC STA. 5 +00 MC STA. 6 +00 SLOPE TO DRAIN, 5H:1V 6" PLANTING SOIL MAPLEWOOD CREEK ROOTED HYDROSEED ST AND PLANT EXISTING HYDROSEED AND PLANT ROOTED STOCK ABOVE RIPRAP GROUND 1 ROOTED STOCK, ABOVE 2' MIN. OVERLAP TYP. GEOGRID - MATCH EXIST. ACCESS ROAD EXISTING GROUND 2' 4' 4' - - - - - - 8't 11' 13't 1 NATIVE STRUCTURAL FILL EL 134.0 1.1 2' MAX. COMPACTED STRUCTURAL _ TO. CONCRETE GRADE FILL TYP EACH LIFT - - 7* - - - - 6° PLANING SOIL = EL. 132.0 LDERS INTO 1 - - - 1 O - iED GRADE 6" PLANTING SOIL BETWEEN 2,0' THICK RIPRAP W/ LIVE a l EACH GEOGRID LIFT --' 1 STAKING VEGETATION (REUSE MIN. I.E. VARIES RIPRAP STOCKPILED FROM 1 EXISTING CHANNEL BANKS EXCAVATION LIMITS CHANNEL REGRADING) SHOWN (SEE SECTION D -D a, 1' PER CL PROFILE ( AND MAPLEWOOD CREEK CL I rn GEOTEXILE FABRIC / MIN. PROFILE FOR CHANNEL g' TYp 2' THICK HEAVY EXCAVATION LIMITS LIVE CUTTINGS 10 BETWEEN GEOGRID LIFTS DUAL RM OF MAM D l1J XISS CHANNEL SLOPE STABILIZATION GEOGRID TYP. - COMPACTED SUBGRADE MAPLEWOOD 73(N i - - - - - iEfY 2 TO 3' DIA HYDROSEED AND PLANT 4' 4' TS BOULDERS INTO ROOTED STOCK, FINISHED GRADE, ABOVE GEOGRID FORM CONTINUOUS UIS z LINE EXISTING GROUND 1 i` NATIVE STRUCTURAL FILL SET TOP OF BOULDER 2' MAX. COMPACTED IMPORTED tw (OR LOG TO GRADE BACKFlLL TYP. EACH LIFT CL SHOWN ON MAPLEWOOD EAST BANK GRADE CREEK PROFILE s BOUL -RS SIMPLAR BUT j j /i 6" PLANING SOIL BETWEEN OPPOSITE TO NEST BANK _ 6' MIN. ANCHORED LOG EACH GEOGRID LIFT T r V 807H ENDS GRADE CONTROL. FILL; vDlus WITH _ IL. LIMIT OF EXCAVATION SEE SPECIFICATIONS GEOTEXE FABRIC s LIVE CUTTINGS1`m $ BETWEEN GEOGRID LIFTS J a (LOOKING DOWNSTREAM) SCALE 0 5 10 FEET CHANNEL SLOPE 3 r i I I STABILIZATION GEOGRID TYP. - 1" - 5' COMPACTED SUBGRADE y Swp r e s•s7 a LOOSE RIPRAP MOuIFlCATIONS) oc - DC i TYPICAL CUT SECTION, SHEET 2) - - - - -- REMOVE AND STOCKPILE J EXISTING RIPRAP FOR REUSE ON WEST BANK NOTE: SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. OF CHANNEL REMOVE EXISTING CONCRETE C - C DAM (DIMENSIONS BELOW HYDROSEED AND PLANT GRADE ARE UNKNOWN) AND (SHEET 2) SLOPE TO DRAIN, 5H:1 V ROOTED STOCK ABOVE RIPRAP REPLACE WITH COMPACTED NATIVE FILL BELOW GRADE 6' PLANTING SOIL MAPLEWOOD CREEK AS SHOWN ON MAPLEWOOD NOTE: THE ABOVE DIMENSIONS FOR CONCRETE 12MIN. ' OVER TYP. CREEK G PROFILE DAM ARE APPROXIMATE AND MUST BE FIELD VERIFIED AS NECESSARY BY THE CONTRACTOR. 2' V 4' MATCH EXIST. ACCESS ROAD i OR APPROVALSCALE0510FEETFORAPPROVALAPPROVAL i1 i i l p, BY D l9 -9L A-1 t 1 "5' 75 6' PLANING SOIL BY__.__ 1 1 NATIVE STRUCTURAL FILL PO BY i 2.0' THICK RIPRAP W/ LIVE I a A I 1 -W A 1 STAKING VEGETATION (REUSE E. VARIES RIPRAP STOCKPILED FROM NORTHWEST, INC. CITY OF RENTON 1' - - PER PROFILE CHANN0. REGRADING) A r MIN. Engineers and Scientists 2' THICK HEAVY \ — NATIVE STRUCTURAL FILL Bellevue, Washington 25 9Z { DEPARTMENT OF PUBLIC WORKS 6' TYP. 2333 -1307H AVE NE, SUITE 200 3' 4 LOOSE RIPRAP FAX- BEV.EVUE. MN e8BS AL MAPLEWOOD CREEK SEDIMENTATION BASINW. DF 1ELI (206) 8U -2455 RECONSTRUCTION AND IMPROVEMENT PROJECT TYPICAL FILL SECTION, SHEET 2) EXPIRES 12 -21 -97 UPPER CHANNEL REGRADING SCALE 0 5 10 FEET DESIGNED: NTD /RSP HNW PA E: 7 -15 -96 FILE NAME: SHEET3 1 1 1 I I DRAWN: C.L.C. HNW 1" 5 A A$ • B U T EILTNOS ADDED DW N 5•! 1 -% CHECKED: D.E.P, HNW SCALE: AS NOTED nELO a ox: ancE: NOTE. SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. NO. REVISION BY APPR. DATE APPROVED: SHEET: 3 OF: 10 4-L 7 tss C o d o W roz 1 0 z 0 v U v J _ EXISTING CON RETE', - - BASIN LINER... _ ECOLOGY BLO K WEER EX AVATE SEDIMENTATION BASIN 130 120 110 100 i . 00 MC STA. 3+00 MC STA 4+00 MC STA. 5 +00 MC STA. 6 +00 SLOPE TO DRAIN, 5H:1V 6" PLANTING SOIL MAPLEWOOD CREEK ROOTED HYDROSEED ST AND PLANT EXISTING HYDROSEED AND PLANT ROOTED STOCK ABOVE RIPRAP GROUND 1 ROOTED STOCK, ABOVE 2' MIN. OVERLAP TYP. GEOGRID - MATCH EXIST. ACCESS ROAD EXISTING GROUND 2' 4' 4' - - - - - - 8't 11' 13't 1 NATIVE STRUCTURAL FILL EL 134.0 1.1 2' MAX. COMPACTED STRUCTURAL _ TO. CONCRETE GRADE FILL TYP EACH LIFT - - 7* - - - - 6° PLANING SOIL = EL. 132.0 LDERS INTO 1 - - - 1 O - iED GRADE 6" PLANTING SOIL BETWEEN 2,0' THICK RIPRAP W/ LIVE a l EACH GEOGRID LIFT --' 1 STAKING VEGETATION (REUSE MIN. I.E. VARIES RIPRAP STOCKPILED FROM 1 EXISTING CHANNEL BANKS EXCAVATION LIMITS CHANNEL REGRADING) SHOWN (SEE SECTION D -D a, 1' PER CL PROFILE ( AND MAPLEWOOD CREEK CL I rn GEOTEXILE FABRIC / MIN. PROFILE FOR CHANNEL g' TYp 2' THICK HEAVY EXCAVATION LIMITS LIVE CUTTINGS 10 BETWEEN GEOGRID LIFTS DUAL RM OF MAM D l1J XISS CHANNEL SLOPE STABILIZATION GEOGRID TYP. - COMPACTED SUBGRADE MAPLEWOOD 73(N i - - - - - iEfY 2 TO 3' DIA HYDROSEED AND PLANT 4' 4' TS BOULDERS INTO ROOTED STOCK, FINISHED GRADE, ABOVE GEOGRID FORM CONTINUOUS UIS z LINE EXISTING GROUND 1 i` NATIVE STRUCTURAL FILL SET TOP OF BOULDER 2' MAX. COMPACTED IMPORTED tw (OR LOG TO GRADE BACKFlLL TYP. EACH LIFT CL SHOWN ON MAPLEWOOD EAST BANK GRADE CREEK PROFILE s BOUL -RS SIMPLAR BUT j j /i 6" PLANING SOIL BETWEEN OPPOSITE TO NEST BANK _ 6' MIN. ANCHORED LOG EACH GEOGRID LIFT T rV 807H ENDS GRADE CONTROL. FILL; vDlus WITH _ IL. LIMIT OF EXCAVATION SEE SPECIFICATIONS GEOTEXE FABRIC s LIVE CUTTINGS1`m $ BETWEEN GEOGRID LIFTS J a (LOOKING DOWNSTREAM) SCALE 0 5 10 FEET CHANNEL SLOPE 3 r i I I STABILIZATION GEOGRID TYP. - 1" - 5' COMPACTED SUBGRADE y Swp r e s•s7 a LOOSE RIPRAP MOuIFlCATIONS) oc - DC i TYPICAL CUT SECTION, SHEET 2) - - - - -- REMOVE AND STOCKPILE J EXISTING RIPRAP FOR REUSE ON WEST BANK NOTE: SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. OF CHANNEL REMOVE EXISTING CONCRETE C - C DAM (DIMENSIONS BELOW HYDROSEED AND PLANT GRADE ARE UNKNOWN) AND (SHEET 2) SLOPE TO DRAIN, 5H:1 V ROOTED STOCK ABOVE RIPRAP REPLACE WITH COMPACTED NATIVE FILL BELOW GRADE 6' PLANTING SOIL MAPLEWOOD CREEK AS SHOWN ON MAPLEWOOD NOTE: THE ABOVE DIMENSIONS FOR CONCRETE 12MIN. ' OVER TYP. CREEK G PROFILE DAM ARE APPROXIMATE AND MUST BE FIELD VERIFIED AS NECESSARY BY THE CONTRACTOR. 2' V 4' MATCH EXIST. ACCESS ROAD i ORAPPROVALSCALE0510FEETFORAPPROVAL APPROVAL i1 i i l p, BY D l9 -9L A-1 t 1 "5' 75 6' PLANING SOIL BY__.__ 1 1 NATIVE STRUCTURAL FILL PO BY i 2.0' THICK RIPRAP W/ LIVE I a A I 1 -W A 1 STAKING VEGETATION (REUSE E. VARIES RIPRAP STOCKPILED FROM NORTHWEST, INC. CITY OF RENTON 1' - - PER PROFILE CHANN0. REGRADING) A r MIN. Engineers and Scientists 2' THICK HEAVY \ — NATIVE STRUCTURAL FILL Bellevue, Washington 25 9Z { DEPARTMENT OF PUBLIC WORKS 6' TYP. 2333 -1307H AVE NE, SUITE 200 3' 4 LOOSE RIPRAP FAX- BEV.EVUE. MN e8BS AL MAPLEWOOD CREEK SEDIMENTATION BASINW. DF 1ELI (206) 8U -2455 RECONSTRUCTION AND IMPROVEMENT PROJECT TYPICAL FILL SECTION, SHEET 2) EXPIRES 12 -21 -97 UPPER CHANNEL REGRADING SCALE 0 5 10 FEET DESIGNED: NTD /RSP HNW PA E: 7 -15 -96 FILE NAME: SHEET3 1 1 1 I I DRAWN: C.L.C. HNW 1" 5 A A$ • B U T EILTNOS ADDED DW N 5•! 1 -% CHECKED: D.E.P, HNW SCALE: AS NOTED nELO a ox: ancE: NOTE. SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. NO. REVISION BY APPR. DATE APPROVED: SHEET: 3 OF: 10 4-L 7 tss C o d o W roz 1 0 z 0 v U v LDERS INTO 1 - - - 1 O - iED GRADE 6" PLANTING SOIL BETWEEN 2,0' THICK RIPRAP W/ LIVE a l EACH GEOGRID LIFT --' 1 STAKING VEGETATION (REUSE MIN. I.E. VARIES RIPRAP STOCKPILED FROM 1 EXISTING CHANNEL BANKS EXCAVATION LIMITS CHANNEL REGRADING) SHOWN (SEE SECTION D -D a, 1' PER CL PROFILE ( AND MAPLEWOOD CREEK CL I rn GEOTEXILE FABRIC / MIN. PROFILE FOR CHANNEL g' TYp 2' THICK HEAVY EXCAVATION LIMITS LIVE CUTTINGS 10 BETWEEN GEOGRID LIFTS DUAL RM OF MAM D l1J XISS CHANNEL SLOPE STABILIZATION GEOGRID TYP. - COMPACTED SUBGRADE MAPLEWOOD 73(N i - - - - - iEfY 2 TO 3' DIA HYDROSEED AND PLANT 4' 4' TS BOULDERS INTO ROOTED STOCK, FINISHED GRADE, ABOVE GEOGRID FORM CONTINUOUS UIS z LINE EXISTING GROUND 1 i` NATIVE STRUCTURAL FILL SET TOP OF BOULDER 2' MAX. COMPACTED IMPORTED tw (OR LOG TO GRADE BACKFlLL TYP. EACH LIFT CL SHOWN ON MAPLEWOOD EAST BANK GRADE CREEK PROFILE s BOUL -RS SIMPLAR BUT j j /i 6" PLANING SOIL BETWEEN OPPOSITE TO NEST BANK _ 6' MIN. ANCHORED LOG EACH GEOGRID LIFT T r V 807H ENDS GRADE CONTROL. FILL; vDlus WITH _ IL. LIMIT OF EXCAVATION SEE SPECIFICATIONS GEOTEXE FABRIC s LIVE CUTTINGS1`m $ BETWEEN GEOGRID LIFTS J a (LOOKING DOWNSTREAM) SCALE 0 5 10 FEET CHANNEL SLOPE 3 r i I I STABILIZATION GEOGRID TYP. - 1" - 5' COMPACTED SUBGRADE y Swp r e s•s7 a LOOSE RIPRAP MOuIFlCATIONS) oc - DC i TYPICAL CUT SECTION, SHEET 2) - - - - -- REMOVE AND STOCKPILE J EXISTING RIPRAP FOR REUSE ON WEST BANK NOTE: SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. OF CHANNEL REMOVE EXISTING CONCRETE C - C DAM (DIMENSIONS BELOW HYDROSEED AND PLANT GRADE ARE UNKNOWN) AND (SHEET 2) SLOPE TO DRAIN, 5H:1 V ROOTED STOCK ABOVE RIPRAP REPLACE WITH COMPACTED NATIVE FILL BELOW GRADE 6' PLANTING SOIL MAPLEWOOD CREEK AS SHOWN ON MAPLEWOOD NOTE: THE ABOVE DIMENSIONS FOR CONCRETE 12MIN. ' OVER TYP. CREEK G PROFILE DAM ARE APPROXIMATE AND MUST BE FIELD VERIFIED AS NECESSARY BY THE CONTRACTOR. 2' V 4' MATCH EXIST. ACCESS ROAD i OR APPROVALSCALE0510FEETFORAPPROVALAPPROVAL i1 i i l p, BY D l9 -9L A-1 t 1 "5' 75 6' PLANING SOIL BY__.__ 1 1 NATIVE STRUCTURAL FILL PO BY i 2.0' THICK RIPRAP W/ LIVE I a A I 1 -W A 1 STAKING VEGETATION (REUSE E. VARIES RIPRAP STOCKPILED FROM NORTHWEST, INC. CITY OF RENTON 1' - - PER PROFILE CHANN0. REGRADING) A r MIN. Engineers and Scientists 2' THICK HEAVY \ — NATIVE STRUCTURAL FILL Bellevue, Washington 25 9Z { DEPARTMENT OF PUBLIC WORKS 6' TYP. 2333 -1307H AVE NE, SUITE 200 3' 4 LOOSE RIPRAP FAX- BEV.EVUE. MN e8BS AL MAPLEWOOD CREEK SEDIMENTATION BASINW. DF 1ELI (206) 8U -2455 RECONSTRUCTION AND IMPROVEMENT PROJECT TYPICAL FILL SECTION, SHEET 2) EXPIRES 12 -21 -97 UPPER CHANNEL REGRADING SCALE 0 5 10 FEET DESIGNED: NTD /RSP HNW PA E: 7 -15 -96 FILE NAME: SHEET3 1 1 1 I I DRAWN: C.L.C. HNW 1" 5 A A$ • B U T EILTNOS ADDED DW N 5•! 1 -% CHECKED: D.E.P, HNW SCALE: AS NOTED nELO a ox: ancE: NOTE. SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. NO. REVISION BY APPR. DATE APPROVED: SHEET: 3 OF: 10 4-L 7 tss C o d o W roz 1 0 z 0 v U v LIVE CUTTINGS 10 BETWEEN GEOGRID LIFTS DUAL RM OF MAM D l1J XISS CHANNEL SLOPE STABILIZATION GEOGRID TYP. - COMPACTED SUBGRADE MAPLEWOOD 73(N i - - - - - iEfY 2 TO 3' DIA HYDROSEED AND PLANT 4' 4' TS BOULDERS INTO ROOTED STOCK, FINISHED GRADE, ABOVE GEOGRID FORM CONTINUOUS UIS z LINE EXISTING GROUND 1 i` NATIVE STRUCTURAL FILL SET TOP OF BOULDER 2' MAX. COMPACTED IMPORTED tw (OR LOG TO GRADE BACKFlLL TYP. EACH LIFT CL SHOWN ON MAPLEWOOD EAST BANK GRADE CREEK PROFILE s BOUL -RS SIMPLAR BUT j j /i 6" PLANING SOIL BETWEEN OPPOSITE TO NEST BANK _ 6' MIN. ANCHORED LOG EACH GEOGRID LIFT T rV 807H ENDS GRADE CONTROL. FILL; vDlus WITH _ IL. LIMIT OF EXCAVATION SEE SPECIFICATIONS GEOTEXE FABRIC s LIVE CUTTINGS1`m $ BETWEEN GEOGRID LIFTS J a (LOOKING DOWNSTREAM) SCALE 0 5 10 FEET CHANNEL SLOPE 3 r i I I STABILIZATION GEOGRID TYP. - 1" - 5' COMPACTED SUBGRADE y Swp r e s•s7 a LOOSE RIPRAP MOuIFlCATIONS) oc - DC i TYPICAL CUT SECTION, SHEET 2) - - - - -- REMOVE AND STOCKPILE J EXISTING RIPRAP FOR REUSE ON WEST BANK NOTE: SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. OF CHANNEL REMOVE EXISTING CONCRETE C - C DAM (DIMENSIONS BELOW HYDROSEED AND PLANT GRADE ARE UNKNOWN) AND (SHEET 2) SLOPE TO DRAIN, 5H:1 V ROOTED STOCK ABOVE RIPRAP REPLACE WITH COMPACTED NATIVE FILL BELOW GRADE 6' PLANTING SOIL MAPLEWOOD CREEK AS SHOWN ON MAPLEWOOD NOTE: THE ABOVE DIMENSIONS FOR CONCRETE 12MIN. ' OVER TYP. CREEK G PROFILE DAM ARE APPROXIMATE AND MUST BE FIELD VERIFIED AS NECESSARY BY THE CONTRACTOR. 2' V 4' MATCH EXIST. ACCESS ROAD i ORAPPROVALSCALE0510FEETFORAPPROVALAPPROVAL i1 i i l p, BY D l9 -9L A-1 t 1 "5' 75 6' PLANING SOIL BY__.__ 1 1 NATIVE STRUCTURAL FILL PO BY i 2.0' THICK RIPRAP W/ LIVE I a A I 1 -W A 1 STAKING VEGETATION (REUSE E. VARIES RIPRAP STOCKPILED FROM NORTHWEST, INC. CITY OF RENTON 1' - - PER PROFILE CHANN0. REGRADING) A r MIN. Engineers and Scientists 2' THICK HEAVY \ — NATIVE STRUCTURAL FILL Bellevue, Washington 25 9Z { DEPARTMENT OF PUBLIC WORKS 6' TYP. 2333 -1307H AVE NE, SUITE 200 3' 4 LOOSE RIPRAP FAX- BEV.EVUE. MN e8BS AL MAPLEWOOD CREEK SEDIMENTATION BASINW. DF 1ELI (206) 8U -2455 RECONSTRUCTION AND IMPROVEMENT PROJECT TYPICAL FILL SECTION, SHEET 2) EXPIRES 12 -21 -97 UPPER CHANNEL REGRADING SCALE 0 5 10 FEET DESIGNED: NTD /RSP HNW PA E: 7 -15 -96 FILE NAME: SHEET3 1 1 1 I I DRAWN: C.L.C. HNW 1" 5 A A$ • B U T EILTNOS ADDED DW N 5•! 1 -% CHECKED: D.E.P, HNW SCALE: AS NOTED nELO a ox: ancE: NOTE. SEE SPECIFICATIONS FOR VEGETATION DESCRIPTIONS. NO. REVISION BY APPR. DATE APPROVED: SHEET: 3 OF: 10 4-L 7 tss C o d o W roz 1 0 z 0 v U v rl n TARS TO BE SAME SIZE ING AS OF. HORQ BARS WALL CORIAM DUAL FOR USE AT ALL EXPOSED CORNERS UNLESS OTHERWISE INDICATED ON THE DRAWINGS) IN GALV AFTER FABRICATION MODULAR ° MECHANICAL SEAL a AB. PIPE PENETRATINGORCONNECTING1 TO STRUCTURE- 0 o B.O. PEA GRAVEL COMPACT o O c a a IN 6" MAX. LAYERS BOTTOM 4 -#4 (TYP.) CATCH BASIN AASHTO H -20 LOADING. C CONTRACTOR RESPONSIBLE j AS RECOMMENDED REINFORCEMENT CONTINUOUS BY MODULAR CORRUGATED METAL PIPE MECHANICAL COUNTERSINK DET. THROUGH JOINT DOUGLAS FIR OA (4) = DIAMETER 1D DRAWING WATERSTOP TYP. ALL VERTICAL DOWEL EA EACH F E EACH FACE CONSTRUCTION JOINTS AND i EQ. EQUAL EL WHERE SPECIFIED ON DETAILS E.W. EACH WAY EXP. FORMED WEDGE. FLL WITH F.D. FLOOR DRAIN JOINT SEALANT FAR FACE FIN. JIM FNDN. CONCRETE THRUST BLOCK. 12"4 PIPE TYPICAL THR W BLOCK DEAL NOT TO SCALE 1k OPENING I i 1.3 1d + d2 I I I d1 / EXTRA BARS I I I 1.3 Id ( I r SAME SIZE AS EXTRA BARS BUT NOT LARGER THAN 08 D FORMED WEDGE DUAL REINFORCEMENT NOT SHOWN) EMBED SCH 80 PVC OR STD WT STL PIPE SLEEVE INTO STRUCNRE. OPENING ADDL LARNER BAR IF SLAB OR WALL IS OVER 12' THICK 4' (TYP.) PLACE CLOSE TO OPENING EQUAL TO AREA OF THE INTERRUPTED BARS. PLACE HALF ON EACH SEE. USE MINIMUM CLEAR SPACING NOTE 74S STANDARD IS TO BE USED FOR aVO4 -c UMMS THAN 2OX OF THE CLEAR SPAN BUT NOT MORE TWIN 6'-0' E.W. OTHERWISE SEE DRAWINGS, SEAL MFR. 3/16 1/4x3 PVC OR SEEP RING ° STEEL PL SEEP RING WELDED TO SLEEVE ELEVATION LT 2 SECTION PIPE SLEEVE W/ MODULAR MECHANICAL SEAL TYPICAL F6S.E WALL. PEWTRA710N NOT TO SCALE PROVIDE FLEXIBLE SEAL AT ALL PIPE CONNECTIONS TO CONCRETE STRUCTURES EXCEPT 42 "4 AND 72'4 RCP) SURFACING 0 -0 ou GALV AFTER FABRICATION MODULAR ° MECHANICAL SEAL a AB. PIPE PENETRATINGORCONNECTING1 TO STRUCTURE- 0 o B.O. PEA GRAVEL COMPACT o O c a a IN 6" MAX. LAYERS BOTTOM 4 -#4 (TYP.) CATCH BASIN AASHTO H -20 LOADING. CENTER TO CENTER CONTRACTOR RESPONSIBLE j AS RECOMMENDED CLEAR BY MODULAR CORRUGATED METAL PIPE MECHANICAL OPENING ADDL LARNER BAR IF SLAB OR WALL IS OVER 12' THICK 4' (TYP.) PLACE CLOSE TO OPENING EQUAL TO AREA OF THE INTERRUPTED BARS. PLACE HALF ON EACH SEE. USE MINIMUM CLEAR SPACING NOTE 74S STANDARD IS TO BE USED FOR aVO4 -c UMMS THAN 2OX OF THE CLEAR SPAN BUT NOT MORE TWIN 6'-0' E.W. OTHERWISE SEE DRAWINGS, SEAL MFR. 3/16 1/4x3 PVC OR SEEP RING ° STEEL PL SEEP RING WELDED TO SLEEVE ELEVATION LT 2 SECTION PIPE SLEEVE W/ MODULAR MECHANICAL SEAL TYPICAL F6S.E WALL. PEWTRA710N NOT TO SCALE PROVIDE FLEXIBLE SEAL AT ALL PIPE CONNECTIONS TO CONCRETE STRUCTURES EXCEPT 42 "4 AND 72'4 RCP) SURFACING 0 -0 ou d` AB. ANCHOR BOLT IMPORTED BACKFIU , COMPACT ASPHALT CONCRETE PAVEMENT IN 12" LAYERS 0 o B.O. 0 0 0 O PEA GRAVEL COMPACT o O c a a IN 6" MAX. LAYERS BOTTOM NOTE: DETAIL WILL SUPPORT CATCH BASIN AASHTO H -20 LOADING. CENTER TO CENTER CONTRACTOR RESPONSIBLE FOR PIPE PROTECTION CLEAR FROM HEAVIER LOADS CORRUGATED METAL PIPE DURING CONSTRUCTION. MIN. ' ' MIN. ' TYPICAL SNGLE PIPE BEDDNG DEAL NOT TO SCALE i f 7114 Ailif:r i:'.i 1. ALL REINFORCEMENT PLACEMENT AND DETAILING SHALL CONFORM TO ACI 318 -95, ILEA LNG C0 REIiFORCEMEnITS FOR REINFORCED CONCRETE UNLESS OTHERWISE NOTED. 2. CONCRETE PROTECTION FOR REINFORCEMENT, UNLESS OTHERWISE NOTED ON THE DRAWINGS, SHALL HAVE A MINIMUM CONCRETE COVER AS FOLLOWS: BOTTOM OF FOUNDATION AND FOOTINGS = 3' BACKRLLED SURFACES = 3' SURFACES SUBJECT TO SUBMERGENCE = 3' EXTERIOR WALLS, SLABS, BEAMS AND COLUMNS = 2' INTERIOR WALLS, SLABS, BEAMS AND COLUMNS = 1 -1/2' 3. o-- INDICATES A BAR WITH A BEND TURNED TOWARDS THE OBSERVER. INDICATES A BAR WITH A BEND TURNED AWAY FROM THE OBSERVER. INDICATES A LAPPED SPLICE IN THE SAME PLANE, NOT A BEND IN THE BAR. 4. DIMENSIONS ARE TO THE CENTERUNES OF BARS UNLESS OTHERWISE SHOWN. 5. REINFORCEMENT PARALLEL TO EMBEDDED ITEMS SHALL MAINTAIN A MINIMUM CLEAR DISTANCE EQUAL TO 1 -1/2 TIMES THE MAXIMUM SIZE AGGREGATE 6. THE FIRST AND LAST BARS IN THE WALLS AND SLABS SHALL BEGIN AND END A DISTANCE EQUAL TO THE CLEAR COVER FROM EACH END OF THE MEMBER. 7. STIRRUPS IN BEAMS AND TIES IN COLUMNS ARE TO START AND END AT A MAXIMUM DISTANCE OF ONE -HALF OF THE ADJACENT BAR SPACING FROM THE FACES OF THE SUPPORTING MEMBERS UNLESS OTHERWISE NOTED. 8. MECHANICAL SPLICES MAY BE USED UPON APPROVAL OF THE ENGINEER. 9. ALL REINFORCING STEEL SHALL BE ASTM A615, GRADE 60, UNLESS OTHERWISE NOTED. 10. WHERE APPLICABLE SUBSTITUTE Idt OR Idh FOR Id IN ALL REINFORCEMENT DETAILS SHOWN ON THIS DRAWING. by .: : i! i a l i O SPACING CENTER TO CENTER AB. ANCHOR BOLT A.C.P. ASPHALT CONCRETE PAVEMENT B.F. BOTTOM FACE B.O. BLOCKQUT ELL BOTTOM LAYER BOT. BOTTOM C.B. CATCH BASIN C.C. CENTER TO CENTER CA, CONSTRUCTION JOINT CLR. CLEAR C.M.P. CORRUGATED METAL PIPE C.S. COUNTERSINK DET. DETAIL D.F. DOUGLAS FIR OA (4) = DIAMETER DWG DRAWING OWL DOWEL EA EACH F E EACH FACE EL ELEVATION (OR ELEV.) EQ. EQUAL EL EACH LAYER E.W. EACH WAY EXP. EXPANSION F.D. FLOOR DRAIN F.F. FAR FACE FIN. FINISHED FNDN. FOUNDATION GALV. GALVANIZED GRTG. GRATING HORIZ. HORIZONTAL H.P. HIGH POINT H.R. HANDRAIL I.D. INSIDE DIAMETER UNLESS OTHERWISE NOTEDINSIDEFACE I.L. INSIDE LAYER INV. INVERT LB. (LBS.) = POUND(S) L.P. LOW POINT MAX. MAXIMUM MFR. MANUFACTURER 6' 3/8' PVC WATERUCIP RECOMMENDED FOR APPROVAL BY— - -- -- B V' MIN. = MINIMUM M.L. = MIDDLE LAYER N.F. = NEAR FACE N.I.C. = NOT IN CONTRACT NO. = NUMBER NOS. = NUMBERS N.T.S. = NOT TO SCALE O.C. = ON CENTER O.D. = OUTSIDE DIAMETER O.F. = OUTSIDE FACE O.L. = OUTSIDE LAYER 0-0 = OUT M OUT OPNG. = OPENING OPP, = OPPOSITE P.C. = POINT OF CURVATURE P.C.C. = POINT OF COMPOUND CURVATURE P.I. = POINT OF INTERSECTION PL = PLATE P.T. = POINT OF TANGENCY 37 OR PRESSURE TREATED R = RADIUS REF. = REFER OR REFERENCE REINF. = REINFORCEMENT OR REINFORCING REQ'D = REQUIRED R.O. = ROUGH OPENING SIM. = SIMILAR SPA. = SPACE(S) SPECS = CONTRACT SPECIFICATIONS SS. = STAINLESS STEEL STD. = STANDARD STL = STEEL SYM. = SYMMETRY OR SYMMETRICAL T = TANGENT LENGTH T & 8 = TOP AND BOTTOM T.O.C. = TOP OF CONCRETE TYP. = TYPICAL U.O.N. = UNLESS OTHERWISE NOTED VERT. = VERTICAL W/ = WITH W/0 = WITHOUT WP = WORK POINT WS = WATERSTOP I 1 A E3? NORTHWEST, INC. Engineers and Scientists Bellevue, Washington 2353 -130TH AVE NE, SUITE 200 F206)ASO 98005 TEL- (206) 882 -2455 1. BEFORE PLACING CONCRETE, SEE ALL unAWINGia, INCLUDING 'MANUFACTURERS' DRAWINGS, FOR ALL EMBEDDED ITEMS WHICH ARE REQUIRED IN THE PLACEMENT. 2. THICKNESSES SHOWN FOR WALLS AND SLABS ADJACENT TO UNDISTURBED SOIL OR R= ARE MINIMUM DIMENSIONS. 3. BEFORE PLACING CONCRETE, CARE SHALL BE TAKEN THAT ALL EMBEDDED ITEMS ARE IN POSITION AND SECURELY FASTENED IN PLACE 4. THE MINIMUM CONCRETE COMPRESSIVE STRENGTH AT 28 DAYS SHALL BE fc =4,000 PSI, UNLESS OTHERWISE NOTED ON THE DRAWINGS OR IN THE SPECS. 1 M& fYd MGV 1 Lev O IYIW AND LAP SPLICE LENGTHS UNL" OTHERWISE INDICATED ON THE DRAWINGS) f'r. = 4.nnn PSI fu = Rn nm PSI TABLE NOTES 1.) ALL TABLE VALUES ARE IN INCHES. 2.) UNLESS OTHERWISE INDICATED ON THE DRAWINGS, ALL BARS ARE TENSION BARS. 3.) TENSION BARS GIVEN IN TABLE ARE FOR BARS SPACED AT LEAST 6 Id O.C. AND CONCRETE COVER IS GREATER THAN db. 4.) FOR OTHER CONDITIONS THE FOLLOWING MULTIPLIER SHALL BE USED: A. TENSION BARS SPACED LESS THAN 6 Id O.C. = 1.25 x TABLE VALUE B. 3- BAR - BUNDLES IN TENSION OR COMPRESSION = 1.50 x TABLE VALUE 5.) FOR OTHER CONDITIONS NOT INDICATED IN TABLE REFER TO ACI 318 -89. F2EINFC7RCING BAR ABE?FREVIATIONS Id = DEVELOPMENT LENGTH Idh = DEVELOPMENT LENGTH FOR HOOKED BARS Idt = DEVELOPMENT LENGTH FOR TOP BARS db = BAR DIAMETER REINFORCING BAR BILLING Sc IDENTIFYING A. TYPICAL BAR BIWNG IN PLANS SECTIONS AND ELEVATIONS: 6 O 6 N.F., LL WHERE BAR LENGTH AND NUMBER REQUIRED IS NOT GIVEN, THE CONTRACTOR SHALL DETERMINE SAME FROM BAR SPACING, LOCATION AND DIMENSIONS OF STRUCTURE B. TYPICAL BAR IDENTIFICATION: - - -#6 O 12 8 (TYP.) C. TYPICAL DETAILW BAR BILLING: 8 #6 0 8 X 4' -6' E.F. SAMPLE BILLING: LOCATION OF END BAR IN A6 O 10 I #6 O 10 BILLING S DIMENSION "S" (IN INCHES) SHALL ALWAYS BE EQUAL TO THE SPACING OF ADJACENT REINFORCEMENT. 40 4 C rn o o x p Wm a z z a 0 DEVELOPMENT LENGTH LAP SPLICE LENGTH BAR SIZE TOP BARS OTHER BARS TOP BARS OTHER BARS 3 14 12 18 16 4 19 15 24 19 5 23 18 30 23 6 28 22 36 28 7 33 25 42 33 8 37 29 48 37 TABLE NOTES 1.) ALL TABLE VALUES ARE IN INCHES. 2.) UNLESS OTHERWISE INDICATED ON THE DRAWINGS, ALL BARS ARE TENSION BARS. 3.) TENSION BARS GIVEN IN TABLE ARE FOR BARS SPACED AT LEAST 6 Id O.C. AND CONCRETE COVER IS GREATER THAN db. 4.) FOR OTHER CONDITIONS THE FOLLOWING MULTIPLIER SHALL BE USED: A. TENSION BARS SPACED LESS THAN 6 Id O.C. = 1.25 x TABLE VALUE B. 3- BAR - BUNDLES IN TENSION OR COMPRESSION = 1.50 x TABLE VALUE 5.) FOR OTHER CONDITIONS NOT INDICATED IN TABLE REFER TO ACI 318 -89. F2EINFC7RCING BAR ABE?FREVIATIONS Id = DEVELOPMENT LENGTH Idh = DEVELOPMENT LENGTH FOR HOOKED BARS Idt = DEVELOPMENT LENGTH FOR TOP BARS db = BAR DIAMETER REINFORCING BAR BILLING Sc IDENTIFYING A. TYPICAL BAR BIWNG IN PLANS SECTIONS AND ELEVATIONS: 6 O 6 N.F., LL WHERE BAR LENGTH AND NUMBER REQUIRED IS NOT GIVEN, THE CONTRACTOR SHALL DETERMINE SAME FROM BAR SPACING, LOCATION AND DIMENSIONS OF STRUCTURE B. TYPICAL BAR IDENTIFICATION: - - -#6 O 12 8 (TYP.) C. TYPICAL DETAILW BAR BILLING: 8 #6 0 8 X 4' -6' E.F. SAMPLE BILLING: LOCATION OF END BAR IN A6 O 10 I #6 O 10 BILLING S DIMENSION "S" (IN INCHES) SHALL ALWAYS BE EQUAL TO THE SPACING OF ADJACENT REINFORCEMENT. 40 4 C rn o o x p Wm a z z a 0 t o w 12 n C CRUSHED SURFACING I O' W o M 0' TOP COURSE 2 4-.3 IMPORTED BACKFILL 30 MIL PVC BASIN LINER, TYP. iA ~O, 7 o y o IMPORTED BACKFILL-7 EXISTING GROUND xo r4 m w F 10 T.O. EMBANKMENT EL 115.17 CL w o w rn F :D aQ owo-I 113.77 a a7 rnmw3BASINBOTTOME- 108.67 - - - -_4 -- 1 - ---- - - -- 1 F r LIMIT OF EXCAVATION A -A t>ELETF-D (SHEETS 2 AND 5) SCALE 0 5 10 20 FEET 1' = 101-0" VEGETATE WITH LOW GROWING SHRUB AND HYDROSEED FROM EL 114.0 TO EL 115.0 MATCH EXISTING SLOPE MIN. NORMAL WS EL 111.5 - LINE DITCH W/ QUARRY SPALLS GROUND i PIPE-/ ' 3 EMBANKMENT PK BWT vG1A10. TYP. ALL PIPE PENETRATIONS) SCALE O 2 FEET twp =i9 -ses7 LETED B - B SHEETS 2 RAND 5) SCALE 0 5 10 20 FEET 1' - 101_0• VEGETATE WITH LOW GROWING SHRUBS AND HYDROSEED FROM EL 114.0 TO EL. 115.0 VEGETATE DISTURBED VEGETATE WITH GRASSES AND FORBS SLOPES ABOVE MIN. NORMAL WS EL 111.5 - FROM EL 111.5 TO EL 114.0 EL 115.0 WITH DEEP I,D• TALLER GROWING GROUND BASIN BOTTOM EL 108 67 t 5 IMPORTED 30 MIL PVC BASIN SHRUBS AND LINER, TYP. HYDROSEED 5' CRUSHED SURFACING TOP BACKFILL 2, I. COURSE, MATCH EXISTING GRADE OVEREXCAVATE AS REWD TO ANCHOR 3---------------- --- - -- -- - - --- -- -- -- -- 3.v G i LI NER BOULDERS TO MATCH EXISTING EL 114 2' TOP OF LINER EL -112.0 EL 112.0 i 5= 0 Q 20 FT/FT_ STANDARD LINER ANCHOR TRENCH, TYPICAL ON ALL EDGES VEGETATE DISTURBED SLOPES ABOVE EL 115.0 WITH TALLER GROWING SHRUBS k AND HYDROSEED r EXISTING GROUND' OVEREXCAVATE AS IMPOCKFIRTED yam/ -- • ,a` i 0 ` 4 \ BALL 1 1 Volume Ice DELE'reD (SHEETS 2 AND 5) Mopelwood Sedimentation Basin Pond As -o °ani Sediment 'oos- Data Elev h) u ace Area so I ncremen Volume cf) o a Volume co 100 -Year Storm Pool 114.2 13,400 16,100 49,700 Main Spillway Crest 112.7 10,700 14,700 31600 Fishway Weir 111.2 8,850 16,900 16,9W Basin Bottom 109.0 6.500 0 0 i 2' X 1/4' THICK NEOPRENE I MATCH EXISTING 1 ,` 'l I rl ', r LIMITS OF PVC DOUBLE GASKET CONTINUOUS I` . 1 i $ BASIN LINER BAND CLAMP tr' D04AT ! '!` ii {lllrir,l:l COMPA7181.E ir SEALANT 2' X 1/4' THICK S.S. FLAT BAR ° ° v RECOMMENDEDur.[oEfz La.Ai 3/8' X 3 "" LG. S.S. WEDGE TYPE ANCHOR , BOLT WITH NUT AND WASHER O 12" O.C. ° N Z v PVC BASIN LINER , z v N v C v 8" SUBDRAIN PIPE SCHEDULE NODE DESCRIPTION NORTHING EASTING INV. EL. S1 BEGIN OF PIPE N 176150.28 E 1311524.54 107.0 S2 45' ELBOW N 176055.42 E 1311490.59 106.55 S3 45' ELBOW N 176052.48 E 1311492.09 106.53 S4 ENO OF PIPE O SPILLWAY N 176050.34 E 1311489.73 106.52 LAMOU'll FL.PMN FOR APPROVALILLUSTRATESSUBDRAINANDVEGETATIONLIMITS) SCALE 0 10 20 40 FEET BY I 1 I 1 BY 1' = 20' BY 0 NOTM 440457 af 1. ALL PIPES SHALL BE SOLID DOWNSTREAM OF POND LINER. 2. SEE SPECIFICATIONS FOR REVEGETATION CLEAN SAND SEE SECTION E -E, SHEET 6 FOR SUBDRAIN DETAIL REPARED SUBGRADE ° PO$ OF THE SEDIMENTATION BASIN FOR LE E D , ' ® F WA TL PLANTING DETAIL (BID ITEM 28). 0 El FORBES AS ONLY ;KITH GRASSES AND NORTHWEST, INC. ' 'p CITY OF RENTON FORBES AS SHOWN AND TO EL 114.0 Engineers and Scientists TMAL n /yy p / Bellevue, Washington DEPARTMENT OF PUBLIC WORKS 1 1 f :AI"L BASIN UNER/CONCF G 1 G ATTACHMENT MTAIL 2353 -1307H AVE NE, SUITE zoo 23792 Q' BEULEWIn WASHINGTON 98003 MAPLEWOOD CREEK SEDIMENTATION BASINTYP. FOR BASIN LINER ALONG ALL CONCRETE STRUCTURES) PLANT WITH LOW GROWING SHRUBS AND FAX (206) 883'7555 3IONAL FNG HYDROSEED BETWEEN EL 114.0 AND EL 115.0 TEU (206) 882 -z465 RECONSTRUCTION AND IMPROVEMENT PROJECT SCALE 0 1 2 3 4 INCHES E)WRES 12 -21 -97 BASIN PLAN, SECTIONS AND DETAILS 1 , 1 1 1 I PLANT WITH TALLER CROWNING NATIVE DESIGNED: NTD /RSP HNW DATE: 7 -15 -96 FILE NAME: SHEET5 3' - V -0' SHRUBS AND HYDROSEED IN DISTURBED DRAWN: C,L.C, HNW AREAS ABOVE EL 115.0 A A5•BVILT NOTES ADDEO DWH CHECKED: D.E.P. HNW SCALE: AS NOTED nEw sooK; PACs: NO. REVISION BY APPR. DATE APPROVED: SHEET; 5 OF: 10 S _ 1 n L m a o `J o + z m x bm 0 z wN o N Oz O G r r N Y SHEET 7) i6 31.' ...,., . g . BLOCKOUT FOR MAIN CHANNEL LOW FLOW WEIR - eo C i } 3 o 1 IlV i 8' -0" 1 17ra 037. c5 PT 202 E 8" BYPASS 4" PVC IRRIGATION PIPE, DRAIN GATE I SEE DETAIL 1, MEET 7 X I - I (MAX.RCLEAR OPENING) OF 3' CHAIN LINK FENCE i - - X f 72' CHAIN LINK BARRIER 1O c r FENCE AND GATE, SEE SHEET 7 100-YR FLOOD MAX. POOL EL 114.17 7 S_PILLWAY CRESZF.E 6 O 12--// BASIN BOTTOM EL 108.67 6 DNA. O 12 - 176040.1 N 1-76@4@81- 20/ E -- -------- - - - - -- APPROX. LOCATION OF PIPE SLEEVES FOR CHAIN LINK BARRIER FENCE CONIRACTOR TO COORDINATE LOCATION NTH FENCE FABRICATOR, SEE SHEET 7 N I7r O=G7. 9 \N /76042, s E /3// G2•L- PT 2L¢ 8' -0" _ E/3//494. 3 PT 205 SUBDRAIN G PfPE AND GATE 8' BYPASS DRAIN GATE. WATERMAN C-20 CANAL T- HANDLE OPERATOR GATE (GALV.). PROVIDE 72" CHAIN LINK BARRIER 5 -0' L.G. GATE FRAME 2' BELOW T.O. WALL X FENCE, SEE SHEET 7 TYP. BOTH SIDES 5 -6' 14 -0' I 1 Typ. TOP OF FILL AT X SPILLWAY, EL 44547 116,16 3' X 3' X 3/8' ALUMINUM ANGLES WITH 1/2' X 3' LONG EXPANSION ANCHORS O 6' ALL AROUND - N /75997. 4 PT. 3/3495. 3 z 107. 67 TYP. I I 1 5 -2 f / 12 -0" (STANDARD L I I I CE LOW FLOW WEIR PLATE / F I X it jl !I 3' X 3" X 3/8" ALUMINUM / J / ANGLE 1MTH 1/2' X 3' LONG EX° V 7 AFK Hx I 6' ALL AROAvD. TYP I X -- I I 23 1 Y WIDE X 24' 5 /Bf MICK ALUMINUM PLATE 8 o WALKWAY AND IlT i I YNTH 4" MIN. I CLEARANCE HANDRAIL. SEE SHEET 9 X iI BEARING BAR DIRECTION X it FLOW o II I z /o /. 3C IIII X -- 13/1490..,8 I I X yiI I! T II., X 100-YR FLOOD MAX. POOL EL 114.17 7 S_PILLWAY CRESZF.E 6 O 12--// BASIN BOTTOM EL 108.67 6 DNA. O 12 - 176040.1 N 1-76@4@81- 20/ E -- -------- - - - - -- APPROX. LOCATION OF PIPE SLEEVES FOR CHAIN LINK BARRIER FENCE CONIRACTOR TO COORDINATE LOCATION NTH FENCE FABRICATOR, SEE SHEET 7 N I7r O=G7. 9 \N /76042, s E /3// G2•L- PT 2L¢ 8' -0" _ E/3//494. 3 PT 205 SUBDRAIN G PfPE AND GATE 8' BYPASS DRAIN GATE. WATERMAN C-20 CANAL T- HANDLE OPERATOR GATE (GALV.). PROVIDE 72" CHAIN LINK BARRIER 5 -0' L.G. GATE FRAME 2' BELOW T.O. WALL X FENCE, SEE SHEET 7 TYP. BOTH SIDES 5 -6' 14 -0' I 1 Typ. TOP OF FILL AT X SPILLWAY, EL 44547 116,16 3' X 3' X 3/8' ALUMINUM ANGLES WITH 1/2' X 3' LONG EXPANSION ANCHORS O 6' ALL AROUND - N /75997. 4 PT. 3/3495. 3 z 107. 67 TYP. ALUM LOCI( B' 2 PLCS 1 5 -2 f / 12 -0" (STANDARD L BLOCKOUT FOR MAIN CHANNEL LOW FLOW HEIR H° I o 8' PVC SUBDRAIN PIPE (WEST / WALL ONLY) r j HANDRAIL, TYP. EL 1185 30 i I,E • /0,.52 YNTH 4" MIN. I CLEARANCE O5" PVC LINER OUTSIDE WALLS O 12\ 1 - -- 1760064 i i CL 72 "0 REINF. CONCRETE N #6005,7 TYP. "' N /76 C06. E /3IJq 7 F PT '12 PIPE ASTM C -76, CL IV E 1•-31 -14 z /o /. 3C 13/1490..,8 I 0 SO-/ I1' -0' N /76 OOn7. 3 _ I io K nf°T, 3/ / v 06 0 d 1 1 K Z 1/O. 62 I 17 I- SHEET 7) SPILLWAY : SEE DETAIL 4 ` #5 O 9 E.F. SHEET 9) - I 012 •- , -- DRILL 7/16'0 HOLE o i O 12 THROUGH 5/8' AND - ANGLES FOR /8'0 6 O 9 E.F. ALUM LOCI( B' 2 PLCS 1 5 -2 f / 12 -0" (STANDARD L BLOCKOUT FOR MAIN CHANNEL LOW FLOW HEIR 2' -0 109137 Lc7 E2 5 OWL O 12 8' PVC SUBDRAIN PIPE (WEST / WALL ONLY) i FIELD FlT PVC i UNER OVER RCP EL 1185 30 i I,E • /0,.52 YNTH 4" MIN. I CLEARANCE O5" PVC LINER OUTSIDE WALLS O 12\ i 103.q-7 5' CRUSHED SURFACING 2' TOP COURSE OVER 3- BASE COURSE) SPILLWAY OUTLET STRUCTURE - iJ `2i T.O. EMBANKMENT EL. 115.17 2.5 N 176 023.6 _1'77200 IMPORTED BACKFILLL° 5'-l"± 72'0 RCP_OUTLET ?IPE__ - -_- 3" ! # 4 DWL O 12 E.F. I L _ -- 45 O 12 E.F. : \ / / WRAP GRAVE IN 6'f PVC PERFORATED PIPE 6 DWL O 12 MEflNUETHEb .Cr. Ex. ; ;EER$ C., INC. BASIN BOTTOM GEOTEXTILE FABRIC PERFORATIONS FACING DOWN iV 6UIOW N..1EYOINEST, 1 EL 108.67 OVERLAP SEAM 18' 101 11800 N E 160TH 11 - FIELD FIT PVC LINER AROUND 80THELL,WA 68011 1.5 COMPACTED FILL PIPE PATH 4' MIN. CLEAR #5 O 12 1 F -Fr cl 1 1/2 INCH NOMINAL DIAMETER S 1YV TYP t WASHED GRAVEL I'yp NO N 1. FOR PIPE WALL PENETRATIONS REINFORCING DETAILS, USE c REINFORCEMENT AROUND OPENINGS' FOR 16'0 AND RECOMMENDED ^ L V GEOTEXTILE FABRIC ° LARGER AND "TYPICAL FLEXIBLE WALL PENETRATION' FOR APPROVAL U ® c, "+ 7 4 wut Jq FOR PIPES 15'0 AND SMALLER; SEE SHEET 4. O^4E LAN °g BY 3 i' NORTHWEST. INC. Ca 2. ALL PIPE SECTIONS SHALL BE BELL AND SPIGOT TYPE WITH A y BY Engineers and Scientists 6• CLEAN crun EYa1Rrs RUBBER 0 -RING GASKETS. BeBellevue, Washington BY 2353 -130TH AVE NE, SUITE 200 avr y, s cck if ' : _ 3. FOR CONNECTION OF PVC LINER TO CONCRETE STRUCTURE, SEE 09-LEWE WASHINGTON 08005 BASIN LINER - ,I, ems Ee irfC /SAT TYPICAL BASIN LINER / CONCRETE ATTACHMENT DETAIL, SHEET 5. FAx (206) ee3 -75551 E - E 1 H : Bu cT' GOC47'1,-/S c ! TEL. (206) 862 -2455 SHEET 5) fr f.' . .eca c c ec c /t > E.csvNT' 4. PVC BASIN UNER NOT SHOWN IN ALL VIEWS, SEE SHEET 5. ufiDi: /LV A i >u,FUErc:l f v SCALE 0 3 6 FEET EzPI"Es 7ED U EN 1 M 1 NL N (-i f A./ SLgm,rmw T G- /G O !;N 9- 25' >7 3/8" 1 1 10. I I NOT 70 SCALE EXCEPT AS NOTED A S { _i7-.'Oi7 N0. REVISION BY i 55 ROLL 159 0Im 1 r TYP. `I N /7G 002. 7 117914H( HEET 7) F 1311479.5 2F 107 65 HANDRAIL, SEE SHEET 7 HO. a2 EL 2 PIPE SLEEVE SIMILAR TO SECTION L -L, 1 SHEET 7, TYP, 07, 66rEL7 4 O 12 EW., E.F. I CONCRETE SILL (BEYOND) MATCH EXISTING CREEK BED III HEAVY LOOSE RIPRAP I c 02.40 5 O 12 E.F. E.W. Al z' -o^ 411 ; 0 - 201'/0% 3 o n X 1 z C) H 0 o iI,4 C a s• x T.O. WALL EL 415cff FENCE AND HANDRAIL NOT MOWN FOR CLARITY 3"0 PIPE i 8' GATE °M SJTEEL PIPE INSERT, WITH SEEP RINGREINF. AROUND OPENING PER FLEXIBLE WALL PENETRATION DETAIL, SHEET 4 EL 108.67 PVC BASIN LINER —/ USE 'REINFORCEMENT ARRANGEMENT AROUND OFENINGS' DETAILS PER SHEET 4 FOR TRIM BARS AROUND PIPE, TYP. INLET AND OUTLET STRUCTURES L —L 3wp- s7 -j6s7 i GRATING W6 SPILLWAY I r4" 41267 5 O 9 E.F. a 109.62 E:6 rFr} T- I I t L. 106.52 0 16012- I 1 EL VARIES CHAIN INK FENCE 1 1/4• PIPE 'Im PIPE aC/o SID PIPE CE POSTS OR HANDRAILS) INTO SLEEVE USING NON - SHRINK GROUT. ISPILLWAY HANDRAIL NOT SHOWN V -0" S-6" I 1 o. (,2 4 OWLS 0 12 E.F. 6 0 12 E.F. GEOTEXTILE FABRIC EL 193ir7 #4 O 12 E.F. E.W. GATE / / , AND p SUBDRAW PIPE HEAD LOOSE RIPRAP PVC LINER SEE CONCRETE ATTACHMENT DETAIL, SHEET 5, FOR WALL CONNECTION, FIELD FIT BELOW SUBDRAIN 102.40 6 OWL O 12 E.F. i i 5012EF. L #5 012 ' HEAVY LOOSE RIPRAP — G - G GEOTEXTILE FABRIC H - H SHEET 6) (SHEET 6) NOTE REINFORCEMENT FOR 27 -0" LONG WALLS IS TYPICAL 3, -0" GATE SEE NOTE 1 NOTE SET FENCE POSTS EITHER SIDE OF GATE OPENING TO ACC0,110DATE N -0" CLEAR GATE OPENING. FENCE ELEVATION LOOKING UPSTREAM) NOT TO SCALE 1.E 16=4.7 101.41 EL 93.F7 5 0 12 E.F. E.W. 4" PVC GATE VALVE, RYAN HERCO 5450 -040 FLANGED WITH S -6" LONG OPERATOR OR EQUAL., SEE NOTE 3 4"0 X 6" LG. GALV STEEL PIPE WITH MALE THREADS ON SCREEN END AND STD. FLG. ON VALVE END. SET PIPE INVERT AT EL 109.2 VERIFY INVERT WITH CITY AFTER FIELD LOCATION OF EXISTING PIPE) - 4• PIPE INTAKE SCREEN, McMASTER CARR ITEM #4413K4, CAT. #100 OR EQUAL 10"1.10!0 r, O 12 it.W., E.F. i0 EL 101.17 V 4 0 12 E.W., E.F. 5 0 12, CONTINUOUS 4 0 12 EXTEND J INTO SECTION E -E SLAB i.4TO UPPER WALL- # 5 0 12, CONTINUOUS FOR CUTOFF WALL SHEET 6) 4 "0 PVC PIPE W/ FLG. AT VALVE END, SEE NOTE 2 4) #4 BARS o 1-0 m i0 5 0 12 E.W., E.F. 4) #4 EQ. SPC. E.F. ( 4) #4 BARS K SHEET 6) GENERAL NOTES FOR MISC. METALS 1. ALL METALS SHALL BE GALVANIZED STEEL UNLESS NOTED OTHERWISE. 0 2. ALL STEEL PIPE HANDRAILS SHALL BE GALVANIZED AND SHALL CONFORM io TO OSHA STANDARDS. 3. STRUCTURAL STEEL SHALL CONFORM TO ASTM A36 AND STEEL PIPE HANDRAILS TO ASTM A53 SCH. 40. 2) GALV. PIPE SUPPORT BRACKETS, NOTES' ITT GRINNELL FIG. 194.1, W/ GALV. PIPE 1. FENCE GATE REQUIRED WITH LATCH, LOCK AND CHAIN. CLAMP FIG. 104 AND 5/8.0 THREADED ROD FIG. 140. ATTACH BRACKETS TO WALL WITH 5/8.0 S.S. EXP. ANCHORS 2. 4 "0 PVC IRRIGATION PIPE, EXTEND DOWNSTREAM THRU BASIN LINER TO DETAIL 1 MATCH EXISTING PIPE AS SHOWN ON SHEET 2, MAINTAIN CONSTANT SLOPE FOR GRAVITY FLOW. CONFIRM EXISTING PIPE INVERT WITH CITY PRIOR SHEET 6) TO CONNECTION. SCALE 0 1 FOOT 3. 2I40VIDE A GALVANIZED SLEEVE FOR VALVE OPERATOR LATERAL SUPPORT. I , , , I ATTACH TO WALL FOR RIGID CONNECTION. 3/4* 1'-0" 0 t RFCn' "kIF,NT)ED Q of 0o FOR NORTHWEST. INC. a CITY OF RENTON Engineers and Scientists BY Bellevue, Washington { y 25792 E, DEPARTMENT OF PUBLIC WORKS BY 2353 -130TH AVE NE, SUITE 200 X35,t37'EQ' $ FBEUEw QB)ASHIN 99005 StONAL G, MAPLEWOOD CREEK SEDIMENTATION BASIN TEL- t2 1 W -2455 RECONSTRUCTION AND IMPROVEMENT PROJECT E%PIRES 12 -21 -97 _j SPILLWAY SECTIONS AND DETAILS SCALE 0 3 6 FEET I , , I DESIGNED: R.S.P, HNW DATE: 7 -15 -96 FILE NAME: SHEET 3/8• m 1, —Q,. DRAWN: C.L.C. HNW EXCEPT AS NOTED A AS-BUILT NOTES ADDED Dw la 5 -11 -98 CHECKED: D.E.P„ HNW SCALE: AS NOTED nELO e oR: PACE: NO. REVISION BY PPR. DATE APPROVED: SHEET: 7 OF: 10 Aft Rm. T^ 0 0 b s wa z N o 0 v II 95 v 1 is 1 0 0 7. L PROVIDE 1' THICK MARINE GRADE PLYWOOD COVERS, WI7H NEOPRENE RUBBER SEALS BOLTED OVER 4rf PIPE WITH 5/8"i OPENINGS WITH GALV, FLUSH MOUNT EVANSION ANCHOR INSER75. MID GAIN. BOLTS 70 OBTAIN A WATERTIGHT SEAL. 2 RECD. - I 1 I r 1 I 1 1 1 1 I 1 I 1 i 3'- I I111 I ' 1 , 1 I1 N /y L67 3 P7 N 176036.83 9 E 1. "1437.09 1•;" I.E. 107.65 FOR REINF, DE' SEE DETAIL 3 42'4 CONCRETE PIPE ASTM C-76, CLASS IV ESPECIAL 42.0 CLASS IV RCP ELBOW RECD ASC TCUT PIPE SECTION END INTO CONCRETE WALL AND SET PIPE I.E O 108.37 Y 666. e P7 207 e 1311 441. 12' -0' 115.11 EL .L4 - OUARRY 3 SPACES QQX QQA - 42 "0 CONCRETE PIPE ASTM C -76, CLASS IV TYPICAL FISHWAY WEIR ELEVATION DETAIL 2 N /76 6619.2 . P7700E1311446, 3 1• 3 16 3 16 3' 2" - 3/8" STAINLESS STEEL PLATES W/BEVELS ON UPSTREAM SIDE 15• 1/4" X 2 1TAINL HEADED ANCHOR 012" LIJ SPACING, STAINLESS STEEL, NELSON H4L OR APPROVED. STAGGER PLACEMENT OF ANCHORS IN THE TWO ROWS. TYPICAL TOP OF FISHWAY WEIR X14 0 12 E.F., E.W., TYP, 42.0 RCP PIP y4 DWL BAR 4 O 12 E W., DWL INTO 4 TOP BAR SLAB AND WALL WALL REINF. NOT SHOWN i f WEIR DETAIL 3 1' -0" B• -0" 1' -0" EL 115.17 4 OWLS 0 FISHWAY 12 E.F. TYP. E 4' -0" PIPE 6 I I J -18 "6 N- -1760689 fL FUTURE FISHWAY E-1314M&13_ FISH LADDER STRUCTURE CHANNEL NOT PART - - 4LE4Y6RCP108.37 AND LAST RCP SEGMENT OF THIS CONTRACT NOT PART OF THIS CONTRACT 5UR(/EYORS C i2T /F /CAIE THE UN.C'6 /ONEO CERT /F /ES TyAT I THE "q,g rcr "LA- 1T /ONS .SHOWN IYI NERCO/./ //J /?ED COAeRCCTLY PEPRE SENT 711E CC1N.1O 1710N5I _______ __ -. - - g5//2(/EYEO /N THE. %EEO ON 9- 25-97. S I, n 12' -0' 1z• -o• J 4 701p e'YAC LANG 0 EL 115.17 N 176059.80 EXPIRES 3 -s -oo E 1311402.59 I.E. 107.45 #4 0 12 FF., E. W. ECOLOGY BLOCK SEAL 42 "6 RCP PIPE a `N57 ° PLAN - FISHWAY OUTLET i STACK 2 CONCRETE ECOLOGY BLOCKS 12' -0" 12' -0' (51 X 2.5'W X 2.5'H) AT END OF PIPE EL. 108.37 STD. LENGTH (STD. LENGTH) 3' -5 1 4't AND BURY WITH COMPACTED IMPORTED BACKFILL AS SHOWN ON SITE PLAN. TYPICAL BOTH 42 "6 RCP OUTLETS. USE Q CREST SAN DBAGS AND VISQUINE, OR OTHER7604,. . 6 7 211 APPROVED METHOD TO PROVIDE A WATER TIGHT SEAL PRIOR TO BACKFILLING, TYP. 14.7 T.O. EMBANKMENT EL 113,q RECOMMENDED FOR APPROVAL BY % 7 BY BY PO I.E. 107.65 I I A® 'i A ti ° F NORTHWEST, INC. Engineers and Scientists EL 107.37 Bellevue, Washington 4 BENT BAR O TOP / - BELLEV E, AVE NE, SUITE 200 'Ao BELIFWE, WASHINGTON 48005 SEE DETAIL 2 % # 4 O 12 DWL i %/ is (z0 082--2455 8. DRAIN GATE - 1/ SPIGOT END SAWCUT FROM 12' -0' E %PIPES NOT SHOWN /4 • 12 E.F.. E.W. STD. SECTION AND CAST INTO 12' WALL FUTURE FISHWAY STRUCTURE C 4) /1 BARS N4 O 12 DWL, TYP. " NOT PART OF THIS CONTRACTk o M X iWPe ?i ( PVC BASIN LINER NOT SHOWN, SEE SHEET 5) A NO. REVISION 5-0 ROLL V-0 10 IIR r. e / 311445.9 I EL. 108.17 c1 100 -YR. FLOOD MAX I Nl7G L%9.5 i I c = EL I # 4 O12EW..EF.}- 4 0 12 E.F., E.W. iE13% 4Y.4 P72 .= a FISHWAY WEIR, m I i 1I i I1 142 I 1 6 CONCRETE PIPE 8" D'W'" I RNSIDE FACE i 1 _g• WATERMAN C -20 CANAL GATE WITH N 176071.42 12''0• 1 i 1 I E 1311440.85 I 1 II N 1716 07-1- . 4 PTA EiWAA 3r,6 s PLASTIC BYPASS PIPE finB.72 ATTACH MN. 7` HIGH PORCELAIN COATED STEEL \ ISTAFFGAUGE, READING IN 1/10 FOOT NCREMEN75 WITHsST. HARDWARE sET N 5.00 READING AT EL 115.0 12' -0' 115.11 EL .L4 - OUARRY 3 SPACES QQX QQA - 42 "0 CONCRETE PIPE ASTM C -76, CLASS IV TYPICAL FISHWAY WEIR ELEVATION DETAIL 2 N /76 6619.2 . P7700E1311446, 3 1• 3 16 3 16 3' 2" - 3/8" STAINLESS STEEL PLATES W/BEVELS ON UPSTREAM SIDE 15• 1/4" X 2 1TAINL HEADED ANCHOR 012" LIJ SPACING, STAINLESS STEEL, NELSON H4L OR APPROVED. STAGGER PLACEMENT OF ANCHORS IN THE TWO ROWS. TYPICAL TOP OF FISHWAY WEIR X14 0 12 E.F., E.W., TYP, 42.0 RCP PIP y4 DWL BAR 4 O 12 E W., DWL INTO 4 TOP BAR SLAB AND WALL WALL REINF. NOT SHOWN i f WEIR DETAIL 3 1' -0" B• -0" 1' -0" EL 115.17 4 OWLS 0 FISHWAY 12 E.F. TYP. E 4' -0" PIPE 6 I I J -18 "6 N- -1760689 fL FUTURE FISHWAY E-1314M&13_ FISH LADDER STRUCTURE CHANNEL NOT PART - - 4LE4Y6RCP108.37 AND LAST RCP SEGMENT OF THIS CONTRACT NOT PART OF THIS CONTRACT 5UR(/EYORS C i2T /F /CAIE THE UN.C'6 /ONEO CERT /F /ES TyAT I THE "q,g rcr "LA- 1T /ONS .SHOWN IYI NERCO/./ //J /?ED COAeRCCTLY PEPRE SENT 711E CC1N.1O 1710N5I _______ __ -. - - g5//2(/EYEO /N THE. %EEO ON 9- 25-97. S I, n 12' -0' 1z• -o• J 4 701p e'YAC LANG 0 EL 115.17 N 176059.80 EXPIRES 3 -s -oo E 1311402.59 I.E. 107.45 #4 0 12 FF., E. W. ECOLOGY BLOCK SEAL 42 "6 RCP PIPE a `N57 ° PLAN - FISHWAY OUTLET i STACK 2 CONCRETE ECOLOGY BLOCKS 12' -0" 12' -0' (51 X 2.5'W X 2.5'H) AT END OF PIPE EL. 108.37 STD. LENGTH (STD. LENGTH) 3' -5 1 4't AND BURY WITH COMPACTED IMPORTED BACKFILL AS SHOWN ON SITE PLAN. TYPICAL BOTH 42 "6 RCP OUTLETS. USE Q CREST SAN DBAGS AND VISQUINE, OR OTHER7604,. . 6 7 211 APPROVED METHOD TO PROVIDE A WATER TIGHT SEAL PRIOR TO BACKFILLING, TYP. 14.7 T.O. EMBANKMENT EL 113,q RECOMMENDED FOR APPROVAL BY % 7 BY BY PO I.E. 107.65 I I A® 'i A ti ° F NORTHWEST, INC. Engineers and Scientists EL 107.37 Bellevue, Washington 4 BENT BAR O TOP / - BELLEV E, AVE NE, SUITE 200 'Ao BELIFWE, WASHINGTON 48005 SEE DETAIL 2 % # 4 O 12 DWL i %/ is (z0 082--2455 8. DRAIN GATE - 1/ SPIGOT END SAWCUT FROM 12' -0' E %PIPES NOT SHOWN /4 • 12 E.F.. E.W. STD. SECTION AND CAST INTO 12' WALL FUTURE FISHWAY STRUCTURE C 4) /1 BARS N4 O 12 DWL, TYP. " NOT PART OF THIS CONTRACTk o M X iWPe ?i ( PVC BASIN LINER NOT SHOWN, SEE SHEET 5) A NO. REVISION 5-0 ROLL V-0 10 F 5 rt 42'4 RCP I LE 10w_ Z_lo. EL. 108.17 c1 100 -YR. FLOOD MAX u POOL EL 114.17 n J I c = EL I # 4 O12EW..EF.}- 4 0 12 E.F., E.W. ELR112.177 A17 412 E1K/ I a FISHWAY WEIR, 1 ' SEE DETAIL 2 o I5OPAT e LOPE TO D I i O.S. EL 12' -0' 115.11 EL .L4 - OUARRY 3 SPACES QQX QQA - 42 "0 CONCRETE PIPE ASTM C -76, CLASS IV TYPICAL FISHWAY WEIR ELEVATION DETAIL 2 N /76 6619.2 . P7700E1311446, 3 1• 3 16 3 16 3' 2" - 3/8" STAINLESS STEEL PLATES W/BEVELS ON UPSTREAM SIDE 15• 1/4" X 2 1TAINL HEADED ANCHOR 012" LIJ SPACING, STAINLESS STEEL, NELSON H4L OR APPROVED. STAGGER PLACEMENT OF ANCHORS IN THE TWO ROWS. TYPICAL TOP OF FISHWAY WEIR X14 0 12 E.F., E.W., TYP, 42.0 RCP PIP y4 DWL BAR 4 O 12 E W., DWL INTO 4 TOP BAR SLAB AND WALL WALL REINF. NOT SHOWN i f WEIR DETAIL 3 1' -0" B• -0" 1' -0" EL 115.17 4 OWLS 0 FISHWAY 12 E.F. TYP. E 4' -0" PIPE 6 I I J -18 "6 N- -1760689 fL FUTURE FISHWAY E-1314M&13_ FISH LADDER STRUCTURE CHANNEL NOT PART - - 4LE4Y6RCP108.37 AND LAST RCP SEGMENT OF THIS CONTRACT NOT PART OF THIS CONTRACT 5UR(/EYORS C i2T /F /CAIE THE UN.C'6 /ONEO CERT /F /ES TyAT I THE "q,g rcr "LA- 1T /ONS .SHOWN IYI NERCO/./ //J /?ED COAeRCCTLY PEPRE SENT 711E CC1N.1O 1710N5I _______ __ -. - - g5//2(/EYEO /N THE. %EEO ON 9- 25-97. S I, n 12' -0' 1z• -o• J 4 701p e'YAC LANG 0 EL 115.17 N 176059.80 EXPIRES 3 -s -oo E 1311402.59 I.E. 107.45 #4 0 12 FF., E. W. ECOLOGY BLOCK SEAL 42 "6 RCP PIPE a `N57 ° PLAN - FISHWAY OUTLET i STACK 2 CONCRETE ECOLOGY BLOCKS 12' -0" 12' -0' (51 X 2.5'W X 2.5'H) AT END OF PIPE EL. 108.37 STD. LENGTH (STD. LENGTH) 3' -5 1 4't AND BURY WITH COMPACTED IMPORTED BACKFILL AS SHOWN ON SITE PLAN. TYPICAL BOTH 42 "6 RCP OUTLETS. USE Q CREST SAN DBAGS AND VISQUINE, OR OTHER7604,. . 6 7 211 APPROVED METHOD TO PROVIDE A WATER TIGHT SEAL PRIOR TO BACKFILLING, TYP. 14.7 T.O. EMBANKMENT EL 113,q RECOMMENDED FOR APPROVAL BY % 7 BY BY PO I.E. 107.65 I I A® 'i A ti ° F NORTHWEST, INC. Engineers and Scientists EL 107.37 Bellevue, Washington 4 BENT BAR O TOP / - BELLEV E, AVE NE, SUITE 200 'Ao BELIFWE, WASHINGTON 48005 SEE DETAIL 2 % # 4 O 12 DWL i %/ is (z0 082--2455 8. DRAIN GATE - 1/ SPIGOT END SAWCUT FROM 12' -0' E %PIPES NOT SHOWN /4 • 12 E.F.. E.W. STD. SECTION AND CAST INTO 12' WALL FUTURE FISHWAY STRUCTURE C 4) /1 BARS N4 O 12 DWL, TYP. " NOT PART OF THIS CONTRACTk o M X iWPe ?i ( PVC BASIN LINER NOT SHOWN, SEE SHEET 5) A NO. REVISION 5-0 ROLL V-0 10 FA T - _ .. . I -.,- v A6W0 INC, tAeH are-USUftiFYuia R iA1GINEF0.8 11&10 KE.160TH ST. BOTHELLWA 88011 FOR WEIR GEOMETRY, SEE DETAIL 2 SECTION CUTTING PLANE , - -r P P SCALE 0 3 6 FEET 3/8" = 1' -0' EXCEPT AS NOTED b m O o n m 1 o z wa 1 z R 1 o a _ 1 y V O F I.E. 10_8.50 EL. 108.17 c1 I 4 0 12 E.F., E.W. USE "REINFORCEMENT ARRANGEMENT AROUND OPENINGS" DETAIL, SHEET 4 N - N FOR TRIM BARS AROUND PIPE, TYP. 6" 3' -6' 42"6 PIPE EL 113.17 8" DRAIN GATE, WATERMAN C -20 CANAL GATE WITH T- HANDLE OPERATOR 108.6 1 i 1 I FA T - _ .. . I -.,- v A6W0 INC, tAeH are-U SUftiFYuia R iA1GINEF0.8 11&10 KE.160TH ST. BOTHELLWA 88011 FOR WEIR GEOMETRY, SEE DETAIL 2 SECTION CUTTING PLANE , - -r P P SCALE 0 3 6 FEET 3/8" = 1' -0' EXCEPT AS NOTED b m O o n m 1 o z wa 1 z R 1 o a _ 1 y V O Y HEAV N 176255.28 N 176255 73 E 1311584.60 /! E 1311589.42 l' Q Ti 0 10 T l 0 0 PLASTIC BYPASS 7 -- - PIPE, WITH SEEP RING l CAST INTO CONCRETE 1 -6' STRUCTURE 1 3• 4' -10' ml 4 O 12 E.W. -J R 3. PLAN - BYPASS PIPE WET STRUCTURE CANAL GATE NOT SHOWN) SHEET 2) 4' CRUSHED ROCK SURFACE, TYP. ALL ROAD SURFACES •---• - --.. ASIF D SELECT GRANULAR FILL PLACED IN S' MAX. LIFTS AND COMPACTED AS SPEC! SELECT GRANULAR FILL BEDDING L 114 CIRCUMFERENCE MIN. t SUFFICIENT TO PERMIT i EOPE AIPA71ON D OF MIN.) P( TYP) 1/ CMP BEDEM DETAIL. BA NOT TO SCALE TrT 2 11Y I a; I 1< 241CMP - j 1 eor f 2 HEAVY LOOSE RPRRAAPg =/ FETIAP PLAN SCALE Swp- J7 -jsr7 SHORT RAID WELDING EL 1/4'X4 - TOE PLATE 18'0 PLASTIC BYPASS PIPE 8' S -0' 8° SEE TYPICAL FLEXIBLE WALL sk PENETRATION DETAIL, SHEET 4 18' WATERMAN C -20 FOR REINFORCING, CAST PIPE CANAL GATE (GALV), DIRECTLY INTO WALL EXISTING GRADE W/ CHAIN & LOCK EL 120.45 N 120,`1'5 EL *2045F 4 O 12 E.W. TYP. HEAVY LOOSE RIPRAP o EL 116.98 lr I I b 47 ^ FASTEN GATE TO WALL EL USING (6) E0. SPACED I 11 1 {2 °0 EXP ANCHORS 3 CONCRETE EMBED. 0 0110rcisE- 4 O 12 E.W. TYR R R 10' 4' -0• 0 O -0 Low- HANDRAIL DETAIL LOOKING UPSTREAM) SCALE 0 1 FOOT I I I T sk HANDRAIL, SEE DETAIL THIS SHEcI FASTEN GATE BRACKET TO WALL USING 1/2'0 S.S. EXP. ANCHORS, W/ 3° MIN. CONCRETE EMBEDMENT, TYP. TOE PLATE 5' -6" W6 AND 3 "0 PIPE BAR GRATING, SEE NOTE 6' 1° 4' 5/8 "0 HOLE, TYP. 4 2° 3/16 PL 3/8 S -S STIFFENER PL 3/16 EA. SIDE, TYP. EA. END LL X 2 X 3/16 L3 X 2 1/2 X 1/4 4{ TYP. EA. END X 13' -6" J I 11 TYR 0 L4 X 3 X 3/8 X 4 3/4 1/2 GALV. EXP. ANCHOR SPACED AT 12" C/C AT W6 X 12 TYP • 3/16° STD. AGLE GAGE. 3° MINN EMBEDMENT 3.0 STD PIPE, CENTER POST ON EL 112.67 WALL 0 CONIC EXP. ANCHOR EL 112. 67AIN. EMBEDMENT, TYP. BI AR GRATING SHALL BE 1 1/4" X 3/16" BEARING BAR AT 1 3/16' SPACING; BAND ENDS WITH SAVE BAR U.O.N., FASTEN DOWN WITH MANUFACTURERS STANDARD SADDLE CLAMP AND FASTENERS. NORTHWEST, INC. ' Engineers and Scientists f i Bellevue, Washington 2353 -130TH AVE NE, SUITE 200 V/ SELL AJF 005 G 883 -7553 WASHINGION 98 1EL• (206) 882 -2455 L/C I fllL T 10 Amik Amft AILAISA^ SHEET 6) 4w mm 94&205ff" RECOMMEA1DED FOR APPROVAL BY BY / — ILI lP-7L SCALE 0 4 INCHES I,r I I i BY POS?'i . 3' = 1' -0° l m o o o` W wm ia N 0 z z iN v