HomeMy WebLinkAboutPermit `�✓ lvaw PAG-14-003
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
Petw Goldourk-Commissioner of Public Lands
AQUATIC LANDS RIGHT OF ENTRY
Right of Entry No. 23-091508
THIS AGREEMENT is made by and between the STATE OF WASHINGTON,acting through
the Department of Natural Resources("State"),and the CITY OF RENTON,a government
agency/entity("Licensee").
THE Parties agree as follows:
SECTION 1 GRANT OF PERMISSION
1.1 Permission. Subject to the terms and conditions set forth below, State grants Licensee a
revocable,nonexclusive license to enter upon the real property described in Exhibit A(the
"Property"). In this agreement,the term"Right of Entry"means this agreement and the rights
granted.
1.2 Other Interests and Rights. This Right of Entry is subject to all valid interests of third
parties noted in the records of King County, or on file in the Office of the Commissioner of
Public Lands,Olympia,Washington.Licensee is responsible for obtaining approvals from other
persons,if any,who have an interest in the Property. This Right of Entry is subject to the rights
of the public under the Public Trust Doctrine or federal navigation servitude and treaty rights of
Indian Tribes.
SECTION 2 USE
2.1 Authorized Activities. Licensee shall enter the Property only for the purpose of:
conducting the activities described in Exhibit B(the"Activities")and for no other purpose.
Licensee shall not conduct any other activities on the Property without the prior written
permission of State.
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2.2 Restrictions on Activities.
(a) The limitations in this Paragraph 2.2 apply to the Property and adjacent state-
owned aquatic land. Licensee's compliance with this Paragraph 2.2 does not limit
Licensee's liability under any other provision of this License.
(b) Licensee shall not cause or permit:
(1) Damage to natural resources,
(2) Waste,or
(3) Deposit of material,unless approved by State in writing. This prohibition
includes deposit of fill,rock,earth,ballast,wood waste,refiise,garbage,
waste matter,pollutants of any type,or other matter.
(c) State may take any steps reasonably necessary to remedy any failure of Licensee
to comply with the restrictions on activities under this Subsection 2.2. Upon
demand by State,Licensee shall pay all remedial costs and natural resources
damages.
2.3 Conformance with Laws. Licensee shall keep current and comply with all conditions
and terms of any permits,licenses,certificates,regulations,ordinances, statutes,and other
government rules and regulations regarding its activities on the Property.
2.4 Interference with Other Uses.
(a) Licensee shall exercise Licensee's right of entry under this Right of Entry in a
manner that minimizes or avoids interference with the rights of State,the public
or others with valid right to use or occupy the Property or surrounding lands and
water.
(b) Licensee and its agents,contractors,and subcontractors shall provide State with at
least two(2)weeks notice before commencing any Activities. Licensee shall
promptly notify State of any modifications in the schedule.
SECTION 3 TERM
3.1 Term Defined. This right of entry is effective on the 1 st day of July,2014("Effective
Date"),and terminates on the 30th day of June,2016("Termination Date"),unless terminated
sooner under the terms of this Right of Entry.
3.2 End of Term. Upon termination of this Right of Entry and except as otherwise provided
in Exhibit B,Licensee shall restore the Property to a condition substantially like its natural state
before Licensee's Activities.
SECTION 4 CONSIDERATION
The consideration is a fee in the amount of One Thousand Five Hundred Dollars($1,500.00),
which is due and payable on or before the Effective Date.
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SECTION 5 ENVIRONMENTAL LIABII.ITY
5.1 Dermitions.
(a) "Hazardous Substance"means any substance that now or in the future becomes
regulated or defined under any federal, state,or local statute,ordinance,rule,
regulation,or other law relating to human health,environmental protection,
contamination,pollution,or cleanup,including oil and petroleum products.
(b) "Release or threatened release of Hazardous Substance"means a release or
threatened release as defined under any Hazardous Substance law.
5.2 General Conditions. Licensee shall exercise the utmost care with respect to Hazardous
Substances,including the foreseeable acts or omissions of third parties affecting Hazardous
Substances,consistent with the standard of care applicable under the Model Toxics Control Act,
RCW 70.105D.040.
5.3 Use of Hazardous Substances.
(a) Licensee,its contractors, agents,employees, guests,invitees,or affiliates shall not
use,store, generate,process,transport,handle,release,or dispose of Hazardous
Substances on the Property or adjacent state-owned aquatic lands,except in
accordance with all applicable laws.
(b) Licensee shall not undertake,or allow others to undertake by Licensee's
permission,acquiescence,or failure to act,activities on the Property or adjacent
state-owned aquatic lands that:
(1) Result in a release or threatened release of Hazardous Substances,or
(2) Cause,contribute to,or exacerbate any contamination exceeding
regulatory cleanup standards whether the regulatory authority requires
cleanup before,during,or after Licensee's activities on the Property.
5.4 In the Event of a Release or Threatened Release.
(a) Licensee shall immediately notify State if the Licensee becomes aware of any
release or threatened release of Hazardous Substance on the Property.
(b) If a Licensee's act or omission results in a release of Hazardous Substances,
Licensee,at its sole expense,shall promptly take all actions necessary or
advisable to clean up,contain,and remove the Hazardous Substances in
accordance with applicable laws.
SECTION 6 ASSIGNMENT
Licensee shall not assign this Right of Entry.
SECTION 7 INDEMNITY AND INSURANCE
7.1 Indemnity. Each Party is responsible for the actions and inactions of itself and its own
officers, employees,and agents acting within the scope of their authority.
Aquatic Lands Right of Entry Page 3 of 15 Right of Entry No.23-091608
7.2 Insurance Terms.
(a) Insurance Required.
(1) Licensee certifies that it is self-insured for all the liability exposures, its
self-insurance plan satisfies all State requirements,and its self-insurance
plan provides coverage equal to that required in this Subsection 7.2 and by
Subsection 7.3,Insurance Types and Limits. Licensee shall provide to
State evidence of its status as a self-insured entity. Upon request by State,
Licensee shall provide a written description of its financial condition
and/or the self-insured funding mechanism. Licensee shall provide State
with at least thirty(30)days'written notice prior to any material changes
to Licensee's self-insured fimding mechanism.
(2) Unless State agrees to an exception,Licensee shall provide insurance
issued by an insurance company or companies admitted to do business in
the State of Washington and have a rating of A-or better by the most
recently published edition of Best's Reports. Licensee may submit a
request to the risk manager for the Department of Natural Resources to
approve an exception to this requirement. If an insurer is not admitted,the
insurance policies and procedures for issuing the insurance policies shall
comply with Chapter 48.15 RCW and 284-15 WAC.
(3) All general liability,excess,umbrella liability insurance policies must
name the State of Washington,the Department of Natural Resources,its
elected and appointed officials,agents,and employees as an additional
insured.
(4) All insurance provided in compliance with this Right of Entry must be
primary as to any other insurance or self-insurance programs afforded to
or maintained by State.
(b) Waiver.
(1) Licensee waives all rights against State for recovery of damages to the
extent insurance maintained pursuant to this Right of Entry covers these
damages.
(2) Except as prohibited by law,Licensee waives all rights of subrogation
against State for recovery of damages to the extent that they are covered
by insurance maintained pursuant to this Right of Entry.
(c) Proof of Insurance.
(1) Licensee shall provide State with a certificate(s)of insurance executed by
a duly authorized representative of each insurer,showing compliance with
insurance requirements specified in this Right of Entry and,if requested,
copies of policies to State.
(2) The certificate(s)of insurance must reference additional insureds and the
Right of Entry number.
(3) Receipt of such certificates or policies by State does not constitute
approval by State of the terms of such policies.
(d) State must receive written notice before cancellation or non-renewal of any
insurance required by this Right of Entry,as follows:
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(1) Insurers subject to RCW 48.18(admitted and regulated by the Insurance
Commissioner): If cancellation is due to non-payment of premium,
provide State ten(10)days' advance notice of cancellation;otherwise,
provide State forty-five(45)days'advance notice of cancellation or non-
renewal.
(2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to
non-payment of premium,provide State ten(10)days' advance notice of
cancellation;otherwise,provide State thirty(30)days' advance notice of
cancellation or non-renewal.
(e) Adjustments in Insurance Coverage.
(1) State may impose changes in the limits of liability for all types of
insurance as State deems necessary.
(2) Licensee shall secure new or modified insurance coverage within thirty
(30)days after State requires changes in the limits of liability.
(f) General Terms.
(1) State does not represent that coverage and limits required under this Right
of Entry are adequate to protect Licensee.
(2) Coverage and limits do not limit Licensee's liability for indemnification
and reimbursements granted to State under this Right of Entry.
(3) The Parties shall use any insurance proceeds payable by reason of damage
or destruction to property first to restore the real property covered by this
Right of Entry,then to pay the cost of the reconstruction,then to pay the
State any sums in an-ears,and then to Licensee.
7.3 Insurance Types and Limits.
(a) General Liability Insurance.
(1) Licensee shall maintain commercial general liability insurance(CGL)or
marine general liability(MGL)covering claims for bodily injury,personal
injury,or property damage arising on the Property and/or arising out of
Licensee's use,occupation,or control of the Property and,if necessary,
commercial umbrella insurance with a limit of not less than One Million
Dollars($1,000,000)per each occurrence. If such CGL or MGL insurance
contains aggregate limits,the general aggregate limit must be at least
twice the"each occurrence"limit. CGL or MGL insurance must have
products-completed operations aggregate limit of at least two times the
"each occurrence"limit.
(2) CGL insurance must be written on Insurance Services Office(ISO)
Occurrence Form CG 00 01 (or a substitute form providing equivalent
coverage). All insurance must cover liability arising out of premises,
operations,independent contractors,products completed operations,
personal injury and advertising injury,and liability assumed under an
insured contract(including the tort liability of another party assumed in a
business contract)and contain separation of insured(cross-liability)
condition.
(3) MGL insurance must have no exclusions for non-owned watercraft.
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(b) Workers'Compensation.
(1) State of Washington Workers'Compensation.
(i) Licensee shall comply with all State of Washington workers'
compensation statutes and regulations. Licensee shall provide
workers' compensation coverage for all employees of Licensee.
Coverage must include bodily injury(including death)by accident
or disease,which arises out of or in connection with Licensee's
use,occupation,and control of the Property.
(ii) If Licensee fails to comply with all State of Washington workers'
compensation statutes and regulations and State incurs fines or is
required by law to provide benefits to or obtain coverage for such
employees,Licensee shall indemnify State. Indemnity shall
include all fines;payment of benefits to Licensee,employees,or
their heirs or legal representatives;and the cost of effecting
coverage on behalf of such employees.
(2) Longshore and Harbor Worker's Act. The Longshore and Harbor
Worker's Compensation Act(33 U.S.C. Section 901 et seq.)may require
Licensee to provide insurance coverage for longshore and harbor workers
other than seaman.Licensee shall ascertain if such insurance is required
and,if required,shall maintain insurance in compliance with this Act.
Licensee is responsible for all civil and criminal liability arising from
failure to maintain such coverage.
(3) Jones Act. The Jones Act(46 U.S.C. Section 688)may require Licensee
to provide insurance coverage for seamen injured during employment
resulting from negligence of the owner,master,or fellow crew members.
Licensee shall ascertain if such insurance is required and,if required,shall
maintain insurance in compliance with this Act. Licensee is responsible
for all civil and criminal liability arising from failure to maintain such
coverage.
(c) Employer's Liability Insurance. Licensee shall procure employer's liability
insurance,and,if necessary,commercial umbrella liability insurance with limits
not less than One Million Dollars($1,000,000)each accident for bodily injury by
accident or One Million Dollars($1,000,000)each employee for bodily injury by
disease.
SECTION 8 TERMINATION
8.1 Termination by Revocation. State may terminate this Right of Entry at any time upon
ninety(90)days notice to the Licensee.
8.2 Termination by Completion of Activities. If Licensee completes Activities prior to the
Termination Date,this Right of Entry terminates upon Licensee's completion of all Activities,
including restoration of the Property under Subsection 3.2.
Aquatic Lands Right of Entry Page 6 of 15 Right of Entry No.23-091608
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SECTION 9 NOTICE
Following are the locations for delivery of notice and the Contact Person.Any Party may change
the location of notice and/or the Contact Person upon reasonable notice to the other.
State: DEPARTMENT OF NATURAL RESOURCES
Shoreline District Aquatics
950 Farman Avenue North
Enumclaw,WA 98022-9282
Licensee: CITY OF RENTON
Leslie Betlach,Parks Planning and Natural Resources Director
1055 S Grady Way
Renton,WA 98057-3232
SECTION 10 MISCELLANEOUS
10.1 Headings. The headings used in this Right of Entry are for convenience only and in no
way define,limit,or extend the scope of this Right of Entry or the intent of any provision.
10.2 Invalidity. The invalidity,voidness,or illegality of any provision of this Right of Entry
does not affect,,impair,or invalidate any other provision of this Right of Entry.
10.3 Applicable Law and Venue. This Right of Entry is to be interpreted and construed in
accordance with the laws of the State of Washington. Any reference to a statute means that
statute as presently enacted or hereafter amended or superseded. Venue for any action arising
out of or in connection with this Right of Entry is in the Superior Court for Thurston County,
Washington.
10.4 Modification. No modification of this Right of Entry is effective unless in writing and
signed by the Parties. Oral representations or statements do not bind either Party.
10.5 Survival. Any obligations of Licensee not fully performed upon termination of this
Right of Entry do not cease,but continue as obligations of the Licensee until fully performed.
Aquatic Lands Right of Entry Page 7 of 15 Right of Entry No.23-091608
10.6 Exhibits. All referenced exhibits are incorporated in this Right of Entry unless expressly
identified as unincorporated.
THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last
signature below.
CITY F ON
Dated: � � ,20 I w
By: DEEMS LAW
Title: Mayor
Ad dr s : 1055 S.Grady Way
Renton,#V4 98057
Attest:
Jaso Seth epu y City Clerk
ST TE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: l //P ,200
By: KRISTIN SWENDDAL
Title: Aquatics Division Manager
Address: Shoreline District Aquatics
950 Farman Avenue North
Enumclaw,WA 98022-9282
Approved as to form this
1 day of November 2010
Janis Snoey,Assistant Attorney General
Aquatic Lands Right of Entry Page 8 of 15 Right of Entry No.23-091608
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EXHIBIT A
SE 1/4 OF THE SW 1/4 SECTION 16, T23N, R05E, WM. WA
RIGHT OF ENTRY PERMIT 23-491608
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B SCALE: 50ft
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9, LAT. = 47'28'35.6796"N Q. LAT. = 47'28'36.8800"N
LONG. = 122'10'48.0260"W LONG. = 12210'47.1699"W
NAD 83/2011 NAD 83/2011
WSPC NORTH ZONE IN US SURVEY FEET WSPC NORTH ZONE IN US SURVEY FEET
Y-176755.46, X-1307400.26, NAVD88-62.9' Y-176876.03, X-1307461.19, NAVD88-62.9'
@. LAT. = 4728'35.7310"N Q. LAT. = 47'28'36.9311"N
LONG. = 122'1648.1849"W LONG. - 122'10'47.3264"W
NAD 83/2011 NAD 83/2011
WSPC NORTH ZONE IN US SURVEY FEET WSPC NORTH ZONE IN US SURVEY FEET
Y-176760.95, X-1307389.44. NAVD88-62.9' Y-176881.40, X-1307450.53, NAVD88-62.9'
J• S1P
29293 +` "+ SURVEY MAPPING
TEL(425)716-3200
FAX:(425)746.3342
Aquatic Lands Right of Entry Page 9 of 15 Right of Entry No.23-091608
EDIT B
PLAN OF OPERATIONS
1. DESCRIPTION OF ACTIVITIES
A. Existing Conditions.A 135 foot long by 12 feet wide pedestrian bridge with a
concrete deck and supported by creosote pilings. This bridge crosses the Cedar
River and provides access to the Riverview Park and Cedar River trail system.
Licensee is in the process of obtaining an easement for a replacement bridge.
B. Proposed Conditions.Licensee proposes removal of the bridge in preparation for
future replacement.
Licensee shall remove:
The existing solid concrete 135'x12'bridge deck,the south deflector wall, and 15
piles identified in Exhibit A. Removal must be completed by June 30th,2016
using the BMPs identified in Attachment 1.
Licensee has secured the following permits:
• City of Renton Certificate of Exemption from Shoreline Substantial
Development Permit,Project No.LUA14-000480,May 15,2014
• Army Corps of Engineers,Exemption from Section 404 of the Clean
Water Act and Exemption from Section 10 of the Rivers and Harbors Act,
NWS-2014-379.May 6,2014
• Washington Department of Fish and Wildlife,Hydraulic Approval No.
133377-1,May 29,2014
• Biological Evaluation,Hart Crowser,Inc., 12132-29,March 26,2014
• Stream Report,Hart Crowser,Inc. 12132-29,March 28,2014
State grants its consent to this Work,except that Licensee shall conform all Work
to all other requirements of Section 5 of this License.
2. ADDITIONAL OBLIGATIONS
None.
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ATTACHMENT 1
Washington Department of Natural
Resources Derelict Creosote Piling Removal
Best Management
Practices For Pile
Removal&Disposal
The following Best Management Practices(BMPs)are adapted from EPA guidance(2005),
Washington State Department of Transportation(WSDOT)methods and conservation
activities as included in Joint Aquatic Resources Protection Application(DARPA)2005,and
Washington State Department of Resources(WADNR)"Standard Practice for the Use and
Removal of Treated Wood and Pilings on and from State-Owned Aquatic Lands"2005,as well
as WADNR's practical experience through managing piling removal projects since 2006.
The purpose of these BMPs is to control turbidity and sediments re-entering the water column
during pile removal,and prescribe debris capture and disposal of removed piles and debris.
BMP 1. PILE REMOVAL
Crane operator shall be experienced in pile removal. Piles will be removed slowly. This will
minimize turbidity in the water column as well as sediment disturbance. Pulled pile shall be
placed in a containment basin to capture any adhering sediment. This should be done
immediately after the pile is initially removed from the water.
A. Vibratory extraction
1) This is the preferred method of pile removal.Vibratory extraction shall always be
employed first unless the pile is too decayed or short for the vibratory hammer to grip.
After consultation with WADNR,the alternative options listed below may be used.
2) The vibratory hammer is a large mechanical device(5-16 tons)that is suspended from a
crane by a cable. The hammer is activated to loosen the piling by vibrating as the piling is
pulled up. The hammer is shut off when the end of the piling reaches the mudline.
Vibratory extraction takes approximately 15 to 30 minutes per piling depending on piling
length and sediment condition.
3) Operator will"Wake up"pile to break up bond with sediment.
Vibrating breaks the skin friction bond between pile and soil.
Bond breaking avoids pulling out a large block of soil—possibly breaking off the pile
in the process.
Usually there is little or no sediment attached to the skin of the pile during withdrawal.
In some cases material may be attached to the pile tip,in line with the pile.
Aquatic Lands Right of Entry Page 11 of 15 Right of Entry No.23-091608
B. Direct Pull
1) This method is optional if the contractor determines it to be appropriate for the
substrate type, pile length, and structural integrity of the piling. Vibratory extractor must
be attempted fist unless there is risk of greater disturbance of sediments.
2) Pilings are wrapped with a choker cable or chain that is attached at the top to a
crane.The crane pulls the piling directly upward,removing the piling from the
sediment.
C. Clamshell Removal
1) Broken and damaged pilings that cannot be removed by either the vibratory hammer
or direct Pull may be removed with either a clamshell bucket or environmental clamshell.
2) A clamshell is a hinged steel apparatus that operates like a set of steel jaws. The
bucket is lowered from a crane and the jaws grasp the piling stub as the crane pulls up.
3) The size of the clamshell bucket shall be minimized to reduce turbidity during
piling removal.
4) The clamshell bucket shall be emptied of material onto a contained area on the
barge before it is lowered into the water.
D. Cutting
1) Is required if the pile breaks at or near the existing substrate and cannot be removed
by other methods.
2) If a pile is broken or breaks above the mudline during extraction,all of the methods
listed below should be used to cut the pile.
a. The pile should be cut 1 foot below the mudline.
b. Piles shall be cut off at lowest practical tide condition and at slack water. This is
intended to reduce turbidity due to reduced flow and short water column through
which pile must be withdrawn.
c. In subtidal areas, if the piling is broken off at or below the mudline, the piling
may remain. In intertidal areas, seasonal raising and lowering of the beach could
expose the pilings above the mudline and leach out PAH's or other contaminants. In
this case,the piling should be cut off at least one foot below the mudline.
d. No hydraulic jetting devices shall be used to move sediment away from piles.
e. The contractor shall provide the location of all the broken and cut piles using a GPS.
Aquatic Lands Right of Entry Page 12 of 15 Right of Entry No.23-091608
BMP 2. BARGE OPERATIONS,WORK SURFACE,CONTAINMENT
A Barge grounding will not be permitted.
B. Work surface on barge deck or pier,or upland staging area shall include a containment
basin for all treated materials and any sediment removed during pulling. Creosote shall be
prevented from re-entering the water. Uncontaminated water run-off can return to the
waterway.
1) Containment basin shall be constructed of durable plastic sheeting with continuous
sidewalis supported by hay bales,ecology blocks, other non-contaminated materials,or
support structure to contain all sediment and creosote. Containment basin shall be lined
with oil absorbent boom.
2) Work surface on barge deck and adjacent pier shall be cleaned by disposing of
sediment or other residues along with cut off piling as described in BMP#4.B.
3) Containment basin shall be removed and disposed in accordance with BMP#4.B or
in another manner complying with applicable federal and state regulations.
4) Upon removal from substrate the pile shall be moved expeditiously from the water
into the containment basin. The pile shall not be shaken,hosed-off,left hanging to drip
or any other action intended to clean or remove adhering material from the pile.
BMP 3. DEBRIS CAPTURE IN WATER
A. A floating surface boom,tarps,or shrouds shall be installed to capture debris. The
floating boom shall be equipped with absorbent pads to contain any oil sheens. Debris
will be collected and disposed of along with cut off piling as described in BMP#4-
B. The boom may be anchored with four or fewer%ecology blocks or a similar anchoring
device. These anchors must be removed once the project is complete. The anchor system
shall be located to avoid damage from vessel props to eelgrass,kelp,and other
significant macroalgae species. The line length between the anchor and surface float
shall not exceed the water depth as measured at extreme high tide plus a maximum of 20
percent additional line for scope.The buoy system shall include a subsurface float
designed to keep the line between the anchor and surface float from contacting the
bottom during low tide cycles. The subsurface float shall be located off the bottom a
distance equal to 1/3 the line length
C. The boom shall be located at a sufficient distance from all sides of the structure or piles
that are being removed to ensure that contaminated materials are captured. The boom
shall stay in its original location until any sheen present from removed pilings has been
absorbed by the boom. BMP#3B may be used to keep the boom in its original location.
Aquatic Lands Right of Entry Page 13 of 15 Right of Entry No.23-091648
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D. Debris contained within boom shall be removed at the end of each work day or
immediately if waters are rough and there is a chance that debris may escape the boom.
E. To the extent possible all sawdust shall be prevented from contacting beach,bed,or
waters of the state. For example,sawdust on top of decking should be removed
immediately after sawing operations.
F. Any sawdust that enters the water shall be collected immediately and placed in
the containment basin.
G. Piles removed from the water shall be transferred to the containment basin without
leaving the boomed area to prevent creosote from dripping outside of the boom.
BMP 4. DISPOSAL OF PILING,SEDIMENT AND CONSTRUCTION RESIDUE
A. Piles shall be cut into lengths as required by the disposal company.
B. Cut up piling, sediments, absorbent pads/boon', construction residue and plastic
sheeting from containment basin shall be packed into container. For disposal, ship to
an approved Subtitle D Landfill.
C. Creosote-treated materials shall not be re-used.
BMP 5. RESUSPENSION/TURBIDITY
A. Crane operator shall be trained to remove pile from sediment slowly.
B. Work shall be done in low water and low current,to the extent possible.
C. Removed piles shall be placed in a containment facility.
D. Sediments spilled on work surfaces shall be contained and disposed of with the pile debris
at permitted upland disposal site.
E. Holes remaining after piling removal shall not be filled
BMP 6. PROJECT OVERSIGHT
A. WADNR will have a project manager or other assigned personnel on site. Oversight
responsibilities may include,but are not limited to the following:
1) Water quality monitoring to ensure turbidity levels remain within required parameters
Aquatic Lands Right of Entry Page 14 of 15 Right of Entry No.23-091608
2) Ensure contractor follows BMPs
3) Ensure contractor is in compliance with contract and permit requirements
4) Ensure correct structures are removed
5) Maintain contact with regulatory agencies should issues or emergencies arise
BMP 7.CULTURAL RESOURCES
A. In the event that artifacts(other than the pilings or materials attached to them)that appear to
be 50 years old or older are found during the project,the WADNR Aquatics archaeologist
must be notified in order to evaluate the find and arrange for any necessary consultation
and mitigation required by law.
B. If human remains or suspected human remains are found during the project,work in the
vicinity will be halted immediately,and the County Coroner must be notified immediately.
If the remains are determined to be non-forensic,then the WADNR Aquatics archaeologist
will be notified to begin tribal and Washington State Department of Archaeology and
Historic Preservation consultations required by law.
C. If sediment exceeding 1 cubic meter is removed,the WADNR Aquatics archaeologist will
be notified and given the opportunity to examine the sediment for cultural materials before
it is removed from the containment area.
Aquatic Lands Right of Entry Page 15 of 15 Right of Entry No.23-091608