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Recording Requested By and ;
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When Recorded Mail to: o�
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CITY OF RENTON
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200 MILL AVENUE SOUTH �
RENTON, WA 98055 a
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RECORDING COVER SHEET �
Aquatic Lands Easement �'o'
1. If the document you are recording is an assignment, amendment, termination, or re- Q
recording of a document, the Auditor�s reference number of the related document is
(none). w
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2. Grantor:
� Washington State Department of Natural Resources
'�� South Puget Sound Region
"r"� 950 Farman North
L Enumclaw, WA 98022
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�,..^ 3. Grantee: (Lessee)
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� City of Renton
200 Mill Avenue South
Renton, WA 98055
4. Additional Grantee names on page N/A of document.
5. Legal Descriptions:
Abbreviated legal description:
Section 22, Township 23 North, Range 5 East, W.M.
Additional legal description is on page Exhibit A of document.
(. DNR Document No. 51-070474
�. Duration of Agreement for Installation and Maintenance of Materials, Twelve Years
g Assessor's Property Tax Parcel Account Number(s): None exists
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AQUATIC LANDS EASEMENT
51-070474
TABLE OF CONTENTS
SECT'ION PAGE
1. GRANT AND LOCATION OF EASEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.1 EasementPropertX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
� 1.2 Construction and Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
'� 1.3 Kight of Third Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
,
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� 2. PURPOSE OF EASEM�NT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1
4
� 3. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Gt�
� 4. USE FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.1 e Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
4.2 Late Charges and Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5. COORDINATIO\T OF ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6. MAINTENANCE AND REPAIR OF EASEMENT AND Ih1PROVEMENTS . . . . . . . . 2
6.1 Grantee's Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
6.2 Restrictions on Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
7. INTERFERENCE WITH OTHER iJSES OF EASEMENT PROPE�TY . . . . . . . . . . . . 3
$. COMPLIANCE WITH LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION . . . . . . . . . . . . . . . . . . . . . . . . 3
9.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.2 Use of Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.3 Current Conditions and Dutxof Utmost Care . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.4 Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
9.5 Indemnification and Burden of Proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9.6 Cleanut� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9.7 Sam�ling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
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9.8 Reservation of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
10. REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
11. PRESERVATION OF SURVEY CORNERS . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 5
12. TERMINATION OF EASEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
13. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT . . . . . . . 6
13.1 Existing Im�rovements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.2 Grantee-Owned Im�rovements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.3 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.4 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13.5 Unauthorized Im�rovements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
14. INDEMNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
� 15. INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
'� 1 S.1 Tvnes of Rec�uired Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
�� 15.2 Terms of Insurance . , g
� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
� 15.3 �tate's Acquisition of Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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� 16. TAXES AND ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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;h 17. ADVANCE BY STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
18. NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19. ASSIGNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
20. SUCCESSORS AND ASSIGNS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
21. TIME IS OF THE ESSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
22. RECORDATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23. APPLICABLE LAW AND VENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
24. MODIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ii
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER
Commissioner of Public Lands
Olympia, Washington 98504
AQUATIC LANDS EASEMENT
AQUATIC LANDS EASEMENT NO. 51-070474
THIS EASEMENT is made by and between the STATE OF WASHINGTON, acting
through the Department of Natural Resources ("State"), and CITY OF RENTON, a government
agency/entity ("Grantee").
1. GRANT AND LOCATION OF EASEMENT
1.1 Easement Pro e�rtX. State grants and conveys to Grantee a nonexclusive easement
for a term of years (the "Easement") over, upon, and under the property described in Exhibit A
(the "Easement Property").
� 1.2 Construction and Access. To the extent it can do so without violating any other
contract or lease, State hereby also grants a nonexclusive easement on State-owned land and
water on either side of the Easement Property, if any exists, for ingress and egress to gain access
� to the Easement Property and to construct improvements on and maintain and repair the
� Easement Property. �
�'� 1.3 Right of Third Parties. This Easement is subject to all valid interests of third
�d
�"; parties noted in the records of King County, or on file in the office of the Commissioner of
� Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or the
� federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Easement
(,� are any right to harvest, collect or damage any natural resource, including aquatic life or living
� plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand,
gravel or other valuable materials. State makes no representations regarding access to the
Easement Property.
2. PURPOSE OF EASEMENT
This Easement is granted for the purpose of and is limited to constructing, installing,
operating, maintaining, repairing, replacing, and using large woody debris habitat as
enhancement features. ("Permitted Use").
3. TERM
The term of this Easement is twelve (12) years (the "Term"), beginning on the 1 st day of
April, 1998 (the "Commencement Date"), and ending on the 31 st day of March 2010, unless
terminated sooner under the terms of this Easement (the "Termination Date").
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4. USE FEE �
4.1 e Fee. Grantee shall pay an annual use fee which shall be due and payable in
full on or before the Commencement Date and on or before the same date of each year thereafter.
The use fee due on or before the Commencement Date is Three Hundred Eighty-four pollars
($384.00). State shall adjust the fee annually, except in those years in which the fee is revalued
as set forth below. This adjustment shall be effective on the anniversary of the Commeneement
Date. State shall, at the end of the first four-year period of the Term, and at the end of each
subsequent four-yeaz period of the Term, revalue the annual fee.
4.2 Late Charges and Interest. If any use fee is not received by State within ten (10)
days of the date due, Grantee shall pay to State a late charge equal to four percent(4%) of the
amount of the payment or Fifty Dollars ($50), whichever is greater,to defray the overhead
expenses of State as a result of the delay. If any use fee is not paid within thirty (30) days of the
date due, then Grantee shall, in addition to paying the late charges established above, pay interest
on the amount outstanding at the rate of one percent(1%)per month until paid.
5. COORDINATION OF ACTIVITIES
Grantee shall coordinate the dates of its construction and other major activities on the
'�`� Easement Property with State. Except in the case of an emergency, Grantee shall provide State
� with written notice of its intent to enter upon the Easement Property at least five (5)days prior to
� entry.
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� 6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS
4� 6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to
� any improvements on the Easement Property, to the Easement Property, or to any natural
`� resources, which are caused by Grantee's activities. All work performed by Grantee shall be
completed in a careful and workerlike manner to State's satisfaction, free of any claims or liens.
Upon completion of any work performed by Grantee, Grantee shall remove all debris and restore
the Easement Property, as nearly as possible, to the condition it was in prior to commencement
of the work.
6.2 Restrictions on Use. Grantee shall not cause or permit any damage to natural
resources on the Easement Property except to the extent, if any, permitted under the mitigation
plan attached as E�ibit B. Grantee shall also not cause or permit any filling activity to occur on
the Easement Property. This prohibition includes any deposit of rock, earth, ballast, refuse,
garbage, waste matter(including chemical, biological or toxic wastes), hydrocarbons, any other
pollutants, or other matter in or on the Easement Property, except as approved in writing by
State. Grantee shall neither commit nor allow waste to be committed to or on tlie Easement
Property. If Grantee fails to comply with all or any of the restrictions in use set out in this
Subsection 6.2, State may take any steps reasonably necessary to remedy such failure. Upon
demand by State, Grantee shall pay all costs of such remedial action, including but not limited to
the costs of removing and disposing of any material deposited improperly on the Easement
Property. This section shall not in any way limit Grantee's liability under Section 9, below.
51-070474 2
7. INTERFERENCE WITH OTHER USES OF EASEMENT PROPERTY
Grantee shall exercise its rights under this Easement so as to minimize and avoid, to the
fullest extent reasonably possible, interference with State's use of the Easement Property or with
the public's right to use the Cedar River for purposes of recreation, navigation, or commerce
including rights under the Public Trust Doctrine. Any improvements constructed by Grantee on
the Easement Property shall be placed and constructed so as to allow, to the fullest extent
reasonably possible, unobstructed movement through the water column in the Easement
Property.
8. COMPLIANCE WITH LAWS
Grantee shall, at its own expense, conform to all applicable laws, regulations,permits,
orders, or requirements of any public authority affecting the Easement Property and the
Permitted Use. Upon request, Grantee shall supply State with copies of permits or orders.
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION
9.1 Definition. "Hazardous Substance" means any substance which now or in the
� future becomes defined or regulated under any federal, state, or local statute, ordinance, rule,
� regulation, or other law relating to human health, environmental protection, contamination or
��7 cleanup, including, but not limited to, the Comprehensive Environmental Response,
� Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washin�on's
� Model Toxics Control Act ("MTCA"), RCW 70.1 O5D.010 et seq.
� 9.2 Use of Hazardous Substances. Grantee covenants and agrees that Hazardous
� Substances will not be used, stored, generated, processed, transported, handled, released, or
,'J') disposed of on, in, under, or above the Easement Property, except in accordance and compliance
with all applicable laws.
9.3 Current Conditions and Dutv of Utmost Care. State makes no representation
about the condition of the Easement Property. Hazardous Substances may exist on, in, under, or
above the Easement Property. If there are any Hazardous Substances on, in, under, or above the
Easement Property as of the Commencement Date, Grantee shall exercise the utmost caze �vith
respect to the Hazardous Substances, the foreseeable acts or omissions of third parties affecting
the Hazardous Substances, and the foreseeable consequences of those acts or omissions. The
standard of care required of Grantee by this Subsection 9.3 shall be that required of a person with
actual knowledge of the presence of Hazardous Substances, whether or not Grantee had such
actual knowledge.
9.4 Notification. Grantee shall immediately notify State if Grantee becomes aware of
any of the following:
(a) A release or threatened release of Hazardous Substances on, in, under, or
above the Easement Property or any adjoining property;
(b) Any problem or liability related to or derived from the presence of any
Hazardous Substance on, in, under, or above the Easement Property or adjoining property;
(c) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the
Easement Property or adjoining property; or,
51-070474 3
(d) Any lien or action with respect to.any of the foregoing.
9.5 Indemnification and Burden of Proof.
(a) Grantee shall fully indemnify, defend, and hold State harmless from and
against any and all claims, demands, damages, natural resource damages, response costs,
remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other
proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of
or are in any way related to:
(1) The use, storage, generation, processing,transportation, handling,
or disposal of any Hazardous Substance by Grantee, its subgrantees, contractors, agents,
employees, guests, invitees, or affiliates in, on, under, or above the Easement Property or any
adjoining property during the term of this Easement or during any time when Grantee occupies
or occupied the Easement Property or any adjoining property;
(2) The release or threatened release of any Hazardous Substance in,
on, under, or above the Easement Property or any adjoining property, which release or threatened
release occurs or occurred during the tertn of this Easement or during any time when Grantee
occupies or occupied the Easement Property or adjoining property and as a result of:
p (i) Any act or omission of Grantee, its subgrantees,
�� contractors, agents, employees, guests, invitees, or affiliates; or,
� (ii) Any act or omission of a third party unless Grantee
� exercised the utmost care with respect to the foreseeable acts or omissions of the third party and
� the foreseeable consequences of those acts or omissions.
�j (3) A breach of the obligations of Subsection 9.3, above, by Grantee,
GO its subgrantees, contractors, agents, employees, guests, invitees, or affiliates.
� (b) Grantee will have use of and access to the Easement Property.
Accordingly, if State seeks to impose liability under Subsection 9.5(a), State will have the initial
burden of proving by a preponderance of the evidence the existence, release, or threatened
release of Hazardous Substances in, on, under, or above the Easement Property or any adjoining
property. Grantee shall then have the burden of proving by a preponderance of the evidence that
none of the indemnification provisions apply.
9.6 CleanuD. If a release of Hazardous Substances occurs on, in, under, or above the
Easement Property or other State-owned property arising out of any action or inaction described
or referred to in Subsection 9.5(a)(1), 9.5(a)(2) or 9.5(a)(3), above, Grantee shall, at its sole
expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances.
These actions shall include, without limitation, removal, containment and remedial actions and
shall be performed in accordance with all applicable laws, rules, ordinances, and permits.
Grantee shall also be solely responsible for all cleanup, administrative, and enforcement costs of
governmental agencies, including natural resource damage claims. Any cleanup shall be
performed in a manner approved in advance in writing by State, except that in emergency
situations Grantee may take reasonable and appropriate actions without advance approval.
9.7 Sam�ling. State may conduct sampling, tests, audits, surveys or investigations
("Tests") of the Easement Property at any time to determine the existence, scope, or effects of
Hazardous Substances on the Easement Property, adjacent property, or natural resources. If such
Tests establish the existence, release or threatened release of Hazardous Substances which
51-070474 4
subjects Grantee to actual or potential liability under Subsection 9.5(a), above, Grantee shall
promptly reimburse State for all costs associated with such Tests.
9.8 Reservation of Ri h�ts. No right, claim, or defense either party may have against
third parties is affected by this Easement and the parties expressly reserve all such rights, claims,
and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not
release Grantee from or affect Grantee's liability for claims or actions by federal, state, or local
regulatory agencies concerning Hazardous Substances.
10. REPORTING
Grantee shall, at State's request, provide State with copies of all reports, studies, or audits
which pertain to environmental problems and concerns and to the Easement Property, and which
are or were prepared by or for Grantee and submitted to any federal, state, or local authorities as
required by any federal, state, or local permit, license, or law. These permits include, but are not
limited to, any National Pollution Discharge and Elimination System Permit, any Army Corps of
Engineers permit, any State Hydraulics Permit, any State Water Quality certification, or
Substantial Development Permit.
11. PRESERVATION OF SURVEY CORNERS
Grantee shall exercise the utmost care to ensure that all legal land subdivision survey
� corners and witness objects are preserved. If any survey corners or witness objects are destroyed
� or disturbed, Grantee.shall reestablish them by a registered professional engineer or licensed land
�,7 surveyor in accordance with US Genera� Land Office standards, at Grantee's own expense.
� Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of
� construction of improvements must be adequately referenced and/or replaced in accordance with
:,,� all applicable laws and regulations in force at the time, including but not limited to,
� Chapter 5824 RCW. The references must be approved by State prior to removal of the survey
� corners and/or witness objects.
12. TERMINATION OF EASEMENT
Tfiis Easement shall terminate if Grantee receives notice from State that Grantee is in
breach of this Easement and Grantee fails to cure that breach within sixty (60) days of State's
notice. If the breach is not reasonably capable of being cured within the sixty (60} days, Grantee
shall commence the cure within the sixty (60) day period and continue the cure with diligence
until completion. In addition to terminating this Easement, State shall have any other remedy
available to it. State's failure to exercise its right to terminate at any time shall not waive State's
right to terminate for any future breach. If Grantee ceases to use the Easement Property for the
purposes set forth in this Easement for a period of five (5) successive years, this Easement shal�
terminate without further action by State and Grantee's rights shall revert to State. This
Easement may also tertninate if Grantee provides State with sixty (60) days written notice of its
intent to terminate the Easement, in a form satisfactory to State. Any obligations of Grantee
which are not fully performed upon termination of this Easement shall not cease, but shall
continue as obligations until fully performed.
51-070474 5
13. OWNERSHIP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT
13.1 Existing Improvements. On the Commencement Date, the following
improvements are located on the Easement Property: None. The improvements are not owned
by State ("State-Owned Improvements").
13.2 Grantee-Owned Imnrovements. So long as this Easement remains in effect,
Grantee shall retain ownership of all improvements and trade fixtures it may place on the
Easement Property (collectively "Grantee-Owned Improvements"). Grantee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to any
Unauthorized Improvements as defined in Subsection 13.5 below. No Grantee-Owned
Improvements shall be placed on the Easement Property without State's prior written consent.
13.3 Construction. Prior to any construction, alteration, replacement, removal or major
repair of any improvements (whether State-Owned or Grantee-Owned}, Grantee shall submit to
State plans and specifications which describe the proposed activity. Construction shall not
commence until State has approved those plans and specifications and Grantee has obtained a
performance and payment bond in an amount equal to 0% of the estimated cost of construction.
The performance and payment bond shall be maintained until the costs of construction, including
all laborers and materialpersons, have been paid in full. State shall have sixty (60) days in which
� to review the proposed plans and specifications. The plans and specifications shall be deemed
;� approved unless State notifies Grantee otherwise within the sixty (60) days. Upon completion of
!7 construction, Grantee shall promptly provide State with as-built plans and specifications.
� 13.4 Removal. Grantee-Owned Improvements shall be removed by Grantee by the
� Termination Date unless State notifies Grantee that the Grantee-Owned Improvements may
CJ remain. If the Grantee-Owned Improvements remain on the �asement Property after the
� Tertnination Date,they shall become the property of State without payment by State. Grantee
� shall notify State at least 180 days before the Termination Date if it intends to leave the Grantee-
Owned Improvements on the Easement Property. State shall then have ninety (90) days in��hich
to notify Grantee that it wishes to have the Grantee-Owned Improvements removed. Failure to
notify Grantee shall be consent that the Grantee-Owned Improvements may remair_on the
Easement Property. If the Grantee-Owned Improvements remain on the Easement Property after
the Termination Date without State's consent, they still will become the property of tne State but
the State may remove them and Grantee shall pay the costs of removal and disposal upon State's
demand.
13.5 Unauthorized Improvements. Improvements made on the Easement Property
without State's prior written consent or which are not in conformance with the plans submitted to
and approved by State ("Unauthorized Improvements") shall immediately become the property of
State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements,
State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee
rent for the use of them, or both. If Grantee fails to remove an Unauthorized Improvement upon
request, State may remove it and charge Grantee for the cost of removal and disposal.
51-070474 6
14. INDEMNITY
Grantee shall indemnify, defend, and hold harmless State, its employees, officers, and
agents from any and all liability, damages (including damages to land, aquatic life, and other
natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees),
penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control
of the Easement Property by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, except as may arise solely out of the willful or negligent act of State or
State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Grantee
shall not be required to indemnify, defend, and hold State harmless from State's sole or
concurrent negligence. This section shall not in any way limit Grantee's liability under Section 9,
above.
15. INSURANCE
At its own expense, Grantee shall procure and maintain during the Term of this Easement
the insurance described in Subsections 15.1 and 15.2, below. This insurance shall be issued by
an insurance company or companies licensed to do business in the State o£Washington which
have a B+ or better rating in "Best's Insurance Reports" or a comparable rating by another rating
company acceptable to State.
15.1 TYpes of Required Insurance.
�'g (a) Liability Insurance. Grantee shall procure and maintain public liability
� insurance covering all claims for personal injury or property damage arising on the Easement
�'�
� Property or arising out of Grantee's operations. The liability insurance shall be in the form of
�,"; marina liability insurance, commercial general liability insurance, or both, as applicable. Limits
� of liability shall be not less than$1,000,000 for each occurrence and not less than $2,000,000
`''� annual aggregate. Such limits may be achieved through the use of umbrella liability insurance.
fl
{,� State may impose changes in the limits of liability:
� (1) At the same time as any adjustment in the annual use fee;
(2) As a condition of approval of assignment of this Easement;
(3) Upon any breach of Section 9, above; or,
(4) Upon a material change in the condition of any improvements.
New or modified insurance coverage shall be in place within thirty (30) days after
changes in the limits of liability are required by State. The liability policies shall contain a
cross-liability provision such that the policy will be construed as if separate policies were issued
to Grantee and to State.
(b) Phvsical Property Damage Insurance. Grantee shall procure and maintain
physical property damage insurance covering all real and personal property located on or
constituting a part�of the Easement Property in an amount equal to at least one hundred percent
(100%) of the replacement value of all improvements on the Easement Property (regardless of
ownership). Grantee may obtain such insurance on an "Agreed Value" basis. Such insurance
may have commercially reasonable deductibles. Any co-insurance provisions of the policy will
be endorsed to be eliminated or waived.
(c) Worker's Comnensation Insurance. Grantee shall procure and maintain:
51-070474 7
(1) State of Washington Worker's Compensation coverage, as
applicable, with respect to any work by Grantee's employees on or about the Easement Property
and on any improvements and,
(2) Longshore and Harbor Worker's Act and Jones Act coverage, as
applicable, with respect to any work by Grantee's employees on or about the Easement Property
and on any improvements.
(d) Builder's Risk Insurance. Grantee shall procure and maintain contingent
liability and builder's risk insurance in an amount reasonably satisfactory to State during
construction, replacement, or material alteration of the Easement Property or improvements on
the Easement Property. Coverage shall be in place until the work is completed and evidence of
completion is provided to State.
15.2 Terms of Insurance. The policies required under this Section 15 shall name State
as an additional insured(except for State of Washington Worker's Compensation coverage).
Grantee shall provide certificates of insurance and, if requested, copies of policies to State.
State's receipt of such certificates or policies does not constitute approval by State of the terms of
such policies. Further, all insurance policies described in Subsection 15.1 shall:
(a) Be written as primary policies not contributing with and not in excess of
� coverage that State may carry;
�,� (b) Expressly provide that such insurance may not be materially changed,
�!� amended, or canceled with respect to State except upon forty-five (45) days prior written notice
� from the insurance company to State;
rj (c) Contain an express waiver of any right of subrogation by the insurance
'�w�' company against State and State's elected officials, employees, or agents;
� (d) Expressl_y provide that the insurance proceeds of any loss will be payable
� notwithstanding any act or negligence of Grantee which might otherwise result in a forfeiture of
said insurance;
(e) Expressly provide that State shall not be required to give notice of
accidents or claims for which State has no liability for premiums; and,
(fl In regazd to physical property damage and builder's risk coverage,
expressly provide that all proceeds shall be paid jointly to State and Grantee.
15.3 �tate's Acc�uisition of Insurance. If Grantee fails to procure and maintain the
insurance described above, State shall have the right to procure and znaintain substitute insurance
and to pay the preiniums on the insurance.
16. TAXES AND ASSESSMENTS
Grantee shall promptly pay all taxes, assessrnents and other governmental charges of any
kind whatsoever levied as a result of this Easement or relating to Grantee's improvements
constructed pursuant to this Easement.
17. ADVANCE BY STATE
If State advances or pays any costs or expenses for or on behalf of Grantee, including but
not limited to taxes, assessments, insurance premiums, costs of removal and disposal of
unauthorized materials, costs of removal and disposal of improvements, or other amounts not
51-070474 g
paid when due, Grantee shall reimburse State the amount paid and shall pay interest on such
amount at the rate of one percent(1%)per month from the date State notifies Grantee of the
advance or payment.
18. NOTICE
Any notices required or permitted under this Easement may be personally delivered,
delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the
following addresses or to such other places as the parties may direct in writing from time to time:
To State: DEPARTMENT OF NATUR.AL RESOURCES
South Puget Sound Region
950 Farman Street North
PO Box 68
Enumclaw, WA 98022-0068
To Grantee: CITY OF RENTON
200 Mill Avenue South
Renton, WA 98055
� A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
� confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
�1 forth above, whichever is applicable.
�I 1
,p 19. ASSIGNMENT
.
� Grantee shall not assign its rights in the Easement or grant any rights or franchises to
� third parties, without State's prior written consent. State reserves the right to change the terms
and conditions of this Easement upon its consent to any assignment.
20. SUCCESSORS AND ASSIGNS
This Easement shall be binding upon and inure to the benefit of the parties, their
successors and assigns and shall be a covenant running with the land.
21. TIME IS OF THE ESSENCE
TIME IS OF THE ESSENCE as to each and every provision of this Easement.
22. RECORDATION �
Grantee shall record this Easement in the county in which the Easement Property is
located, at Grantee's sole expense. Grantee shall provide State with recording information,
including the date of recordation and file number. Grantee shall have thirty (30) days from the
Commencement Date to comply with the requirements of this section. If Grantee fails to record
this Easement, State may record it and Grantee shall pay the costs of recording, including
interest, upon State's demand.
51-070474 9
23. APPLICABLE LAW AND�VENU�
This Easement shall be interpreted and construed in accordance with and shall be subject
to the laws of the State of Washington. Any reference to a statute shall mean that statute as
presently enacted or hereafter amended or superseded. Venue for any action arising out of or in
connection with this Easement shall be in the Superior Court for Thurston Couniy, Washington.
24. MODIFICATION
Any modification of this Easement must be in writing and signed by the parties. State
shall not be bound by any oral representations or statements.
THIS EASEMENT is executed as of the_day of 19_.
STATE: GRANTEE:
� STATE OF WASHINGTON CITY OF RENTON
;�p DEPARTMENT OF NATURAL
�t9 RESOURCES
�
�
O -
� By� By� �
� BONNIE B. BLTNNING JESSE TANNER
.?j
Its: South Puget Sound Region Manager Its: Mayor
Dated: �(� (� , � �( �� Dated: �`���./ / � (g
�`I �
sk/Cardoza/220498.eas
51-070474 10
STATE OF WASHINGTON)
) ss.
COUNTY OF ( `l�N G )
I certify that I know or have satisfactory evidence that BONNIE B. BLTNNING is the
person who appeared before me, and is the South Puget Sound Region Manager of the State of
Washington Department of Natural Resources. I further certify that said person acknowledged
the foregoing to be the free and voluntary act of the STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES for the uses and purposes mentioned in the
instrument, and on oath stated that she is duly authorized to execute and acknowledge said
instrument.
DATED: l�l A�12� I q`� $'
C�. /C.��-C��
��, • S�S,� N J� K'O c y
� .
.� ��'• ,`•�' � (Type/Print Name)
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s d►�,�l;�*-� Notary Public in and for the State of Washington
� i� '���4 ", ,� residing at A✓gv��!
M : ��� . r,
3 �,;•�a►� � ��4:'� My Commission Expires JUL`� , Z9� 'L�00 .
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51-070474 11
STATE OF WASHiNGTON)
) ss.
COUNTY OF ''��
I certify that I know or have satisfactory evidence that JESSE TANNER is the person
who appeared before me, and is the Mayor of City of Renton("Grantee"). I further certify that
said person acknowledged the foregoing instrument to be the free and voluntary act of the
Grantee for the uses and purposes mentioned in the instrument, and on oath state that he is duly
authorized to execute and acknowledge said instrument.
DATED: '}'�i. � /cI „ , `
`�� �=�i _�.....�.
�� �, ' �;�.y.
l��'� �, t=r�� ts�J -,-- -
(Type/Print Name) �� �
Notary Public in and or the State��i`�J�Jashiri�:%�:�
residing at__�� __�
My Commission Expires g-�7-�1.�_______�
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51-070474 12
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SERIONS
IlENiON 11<SXINGt
� J Z I
'MITIGATION PLAN
CEDAR RIVER SECTION 205 FLOOD DAMAGE REDUCTION PROJECT
RENTON, WASHINGTON �
LEASE N0. 51-070474 - EXHIBIT B
BACKGROUND
The proposed Cedar River Section 205 Flood Damage Reduction Project is located in
and along the lower 1.23 miles (2000 m) of the Cedar River in Renton, Washington.
This portion of the river is an artificially constructed channel built� in 1912-1914 by the
Commercial Waterway District Number Two. The river flows into the extreme southern
end of Lake Washington. This channel has been periodically dredged, by the
Waterway District (until 1956) and subsequently the City of Renton (1956-1983). This
maintenance dredging typically lowered the channel bottom to approximately 10 feet
lower than the current condition. Dredging has not occurred since 1983. Adjacent to
the lower river is extensive industrial and commercial development, including the
Renton Municipal Airport and the Boeing Company facility.
Sediment is readily deposited in the lower Cedar River because the gradient is low and
water velocities are reduced in this area. Sediment modeling indicates that the channel
has been filling in at a rate of 0.1-1.0 feet (0.03-0.3 m) per year on average. Current
river channel capacity is reduced to such an extent that the left bank (facing
downstream) floods at <2200 �fs (approximately a 1.6 year event) and the right bank
� floods at 8000 cfs (approximately a 23 year event). The sediment load coming down
�p the river continues to be very high and it has been estimated that in less than 20 years,
�� the Cedar River will no longer convey even normal winter flows and will break out of the
� channel, onto the airport and other paved surfaces.
�
� The reduced channel capacity also poses a serious threat to fishery resources. When
� the channel can no longer contain even normal winter flows, there would likely be
� significant numbers of fish stranded on the airport or the river might not be accessible
to anadromous fish. Various pollutants from the adjacent airport and Boeing would also
likely be frequently washed, or leached, into the river and Lake Washington.
PROPOSED PROJECT
Several alternatives were evaluated in the draft and final Environmental Impact
Statements (EIS) for this project (USACE, March & August 1997). The preferred
alternative, for which this mitigation plan has been prepared, would require dredging an
average of four feet (1.2 m) of sediment from the channel from the mouth up to Logan
Avenue (5600 ft [1700 m]) and then sloping the dredged depth up to zero to meet the
existing gradient at Williams Avenue (800 ft [240 m] upstream of Logan Avenue). An
estimated 125,000 CY would be removed. Additionally, levees or floodwalls would be
�
required along both banks from Williams Avenue dowri to the mouth. A low berm'
would be constructed on the left bank fram 1000 feet (330 m) down to the mouth to
comply with FAA safety regulations for the airport. Bank protection (rock) would be .
placed below ordinary high water on the left bank (2600 CY) below Logan Avenue for ..
approximately 900 linear feet (120 m) to prevent continuing erosion of the airport road.
The south Boeing bridge (3900 ft [1100 m] upstream of the mouth) would be modified
to be hydraulically jacked above the 100 year flood water surface elevation during
flooding. Levee openings at the south Boeing bridge would be closed with movable
structures during floods. The channel would require periodic maintenance dredging
� every three to ten years of approximatefy 170,000 CY to maintair��the authorized
channel depth (the channel would be allowed to fill in slightly more than the existing
� elevation prior to redredging efforts).
� The only flood control work to be performed in-water would be the dredging, placement
�1 of 900 lineal feet of rock (2600 CY) and 43 CY of concrete will be added to the existing
� south Boeing bridge piers (to strengthen the bridge for added hydraulic features).
� Utility lines which currently are located on the south Boeing bridge (4" sanitary force
G� main, City water main, emergency water, electrical, etc.) will be buried under the
� dredged channel (minimum depth of 2 feet below the designed channel bottom). All in-
�' water work will be performed during the period from June 15 through August 15 to
avoid disruption of salmon migrations. A concrete retaining wall (50 CY) will be
constructed adjacent to the trail under Logan Avenue to replace the temporary sand
bags which �ro#ect the trail. This wall will be constructed out of the water during the
summer, but is located below ordinary high water. The levees and floodwalls will be set
back from the bank edge from 5-100 feet along the airpo�t road or in the Cedar River
Trail Park. No wetlands are in the project area. Mitigation work will require the
placement of logs and anchor rock at the Maplewood Golf Course revetment, upstream
(see Mitigation Element 2). This mitigation work will also be accomplished during the
fish window from June 15-August 15.
The method of dredging proposed will be by backhoe and excavator (see Figure 7).
Part of the dredging will occur out of water (zone A) and part will be in-water (zone B).
It is possible that outmigrating chinook fry will still be present in the river in the early
part of the dredge period (late June). In order to avoid impacts to outmigrating fry, all
dredging in zone B will be conducted during daylight hours only (fry migrate at night). It
is anticipated that the proposed dredging method will take 45 days, with completion in
early August. It is recognized that no extension beyond the August 15 end date will be
allowed.
Best management practices will be employed during all construction phases, such as
the use of haybales and silt fences to prevent stormwater runoff from the uplands into
the river. The equipment used for dredging will be inspected regularly to ensure no
fluids are leaking. If necessary, "diapers" can be installed on the equipment to absorb
' The low berm is designed to overtop at floods greater than a 100 year event to prevent damage to
Boeing and other building further upstream.
r
any leaking fluids. Spill prevention and cleanup materials (absorbent pads, etc.) wiil be
available on site at all times during construction. The bridge additions (concrete) will be
protected from contact with the river by the use of double walled wooden forms. Water
which enters the first wall witl be pumped to a holding tank, for appropriate disposal.
Other best management practices required by the Water Quality Certification will be
implemented.
Impacts on the environment have been avoided and minimized to the maximum extent
practicable while still accomplishing the project purpose. The dredging depth has been
minimized, all work will occur from June 15-August 15 to avoid migrating salmon.
However, as a result of this flood control project several unavoidable adverse impacts
to the environment will still likely occur:
• loss of 2300 lineal feet (700 m) of adult salmon spawning habitat (primarily sockeye)
between 1000 feet (300 m) and 3300 feet (1000 m) upstream of the mouth which
will be inundated by lake backwater during much of the spawning season (i.e. will
have reduced water velocities and increased deposition of fine sediments);
• an unquantified increase in predation on sockeye and chinook fry in the lower river
related to increase of prickly sculpin habitat below;
• periodic loss of 45,000 ft2 (4100 m2) of bank scour pool holding habitat for adult
salmon and trout;
• increase of 253,000 ft2 (23,230 m2) of prickly sculpin habitat due to the lake
backwater increase which may increase predation on sockeye and chinook fry in the
lower river;
• an unquantified decline in aquatic invertebrate diversity and abundance due to the
periodic dredging; and
� • unknown effects on lamprey (unknown if species observed is river or brook)
� population due to periodic dredging.
� These unavoidable impacts will be compensated for with the proposed mitigation
�?
C7 elements.
�
� Salmon Spawning Habitat
t1J
�
The loss of adult salmon spawning habitat is difficult to quantify because the channel
bottom in the lower river changes substantially from year to year. The Washington
Department of Fish and Wildlife conducts yearly surveys of sockeye spawners (adult
fish) throughout the Cedar Rive�. Prior to 1996, the state did not survey downstream
of rivermile 3 because spawning in the lower river had never been observed in
significant numbers. In 1996 and 1997, the state did survey the lower three miles of the
river. Corps' staff conducted redd surveys (as feasible due to flow conditions) in the
lower 1.25 miles of the river from 1994-1997. The state surveys likely overestimate the
number of spawners, especially in the lower river (below RM 2), because it is not
2 Chinook and coho salmon spawning has generally not been seen in the lower river and may be related
to the higher temperatures and generally continuous glide habitat in the lower river which is not preferred
for spawning.
generally known if the fish will spawn in the reach they are counted in or if they are
moving further upstream to spawn. Sockeye continued to move into higher reaches of
the river throughout December and January (fish were observed spawning in Elliot -
channel [RM 4.5] in January 1998). The Corps surveys likely underestimate the total ��
number of redds/spawners in a reach because of the difficulty of distinguishing redds
(when there are large numbers of spawning fish in a reach) and the infrequency of
surveys (approximately monthly). Table 1 shows numbers of redds observed by Corps'
staff on sampling dates shown. WDFW counted 17,650 fish from the library (RM 1.5,
2400 m) down to the mouth of the river during their surveys in 1997, and estimated that
� from Williams Street to the mouth of the river approximately 5,440 females spawned
� (Fresh, 1998).
1n
� The area expected to be inundated by lake backwater, downstream of-the south Boeing
� bridge, is approximately 45% of the total river channel habitat from the library to the
� mouth. However, spawning is heavily concentrated between the library and Logan
C7 Avenue, with much reduced spawning activity as one proceeds downstream. The
� effective spawning downstream of the south Boeing bridge would be significantly less
� than 45% of the lower river spawners (based on redd distribution, about 11% of the
redds counted in the lower 1.3 miles occurred below the south Boeing bridge).
- � . - - . � � � � � � � � � � � � �
11/1/9a p 25 99
11/16/94 0 129 334
12/12/94 26 85 29
1994 Cumulative 26 239 4S2
10/5/95 0 1 3
10/18/95 1 90 69
11/3/95 1 115 182
1995 Cumulative 2 206 254
10/2/96 1 67 245
11/1/96 233 1024 854
1996 Cumulative 234 1091 1099
10/16/97 5 235 665
It is reasonable to assume that more salmon spawn in the lower 1.2 miles of the river
than the Corps' data indicates, but likely many fewer than the WDFW counts show.
Prior to 1996, very few redds had been observed in the lower reach of the river, most
especially below the south Boeing bridge (RM 0.7, 1100 m), where the conditions were
generally poor for spawning. Grain size analysis of the sediments in 1994 (NHC, 1995)
showed that most reaches of the lower mile of river had 17-21% fines. Concentrations
of fine sediments greater than 12% of the total may impair salmon egg survival
(NWIFC, 1994). It is unknown what the survival of eggs to fry is in the lowest reach of
the Cedar, but is not expected to be high.
For mitigation purposes, we have calculated that 20% of the 17,650 fish observed by
WDFW likely spawned below the south Boeing bridge (compared to redd distribution
,
, � y
which indicated that 11% of the redds in the lower 1.3 miles occurred below the south
Boeing bridge). This estimate is 3,530 fish (or 1,765 females) and appears to be a
reasonable estimate of maximum total spawning below the south Boeing bridge for .
1997, which may not be a repeatable event regardless of any dredging activities .
undertaken in the lower river. �,
This one time high level of spawning activity in the lower reach of the river is likely
related to the previous winter's flows, in that the substrate size and amount of
deposition is related to peak and sustained winter flows .each winter. In the winter of
1996, flows were sustained for several weeks at approximately 2�00 cf�. This is an
ideal flow to deposit a significant amount of sediment (gravel) in the lower mile of the
river, and surveys show that 0.5 feet of gravel, on average, accumulated in the lower
mile since 1994. Such an ideal accumulation of gravel would not be likely to occur
following winters with either typically higher or lower flows. Higher flows would scour
portions of the lower river and carry gravels out into Lake Washington. Lower flows
would not move gravel sized particles and would tend to deposit sands and finer
materials in the lower reach. In other words, the distribution of good spawning habitat
changes significantly from year to year. Therefore, even though ideal spawning habitat
occurred in the lower 5 miles of the Cedar River in the fall of 1997 we could not expect
that habitat to remain unchanged in the future.
C� Due to the importance of the sockeye salmon run and the declines it has experienced
�� in the last 15 years, �# is important to be cons�rvative when r�lanning compensatory
`'� mitigation for the loss of spawning habitat. Therefore, even though the estimate of
a-I
�; 3,530 fish (1,765 females) is an unprecedented number of fish spawning in the lower
� reach of the river (and perhaps unrepeatable), it is nevertheless appropriate,for use in
`� planning compensatory mitigation in order to avoid exposing the sockeye population to
� an undue risk of reduced survival and to ensure greater survival in spite of increased
(�i
� predation pressure in the lower river. This plan proposes to provide an alternate
spawning area for approximately 1980-2860 sockeye salmon females, in order to
fully compensate for the expected loss of spawning habitat and to provide increased
production to counter increased predation in the lower river. It is assumed that the
habitat upstream of the south Boeing bridge will be suitable for spawning. The
monitoring and contingency plans, which follow provide an additional safeguard to
ensure that assumptions made in mitigation planning do protect salmon populations. If
at any point during the monitoring studies, it is determined that the compensatory
mitigation is insufficient, a contingency action will be undertaken after consultation with
the resource agencies and tribe.
PREDATOR POPULATIONS
This project will increase the area of the lower river affected by lake backwater
influences (2300 lineal feet; 700 m) and will provide additional habitat suitable for
predators of salmon juveniles and fry. Such predators include prickly sculpin (fry
predators), resident trout, non-native species. Trout and many of the non-native
species are not currently present in large numbers in the lower river. Prickly sculpin
� ' ' . ,
appear to be the primary predator on sockeye fry and �possibly chinook fry. The lake
backwater influence will tend to provide more available habitat for prickly sculpin while
decreasing suitable habitat for coastrange and torrent sculpin currently present in the
area. Coastrange and torrent sculpin are also predator.s of salmon fry, but tend to be
smaller and present in fewer numbers and may not exert the same predation pressure
on salmon fry as prickly sculpin do. Coho salmon smolts may also temporarily feed on
sockeye and chinook fry while transiting through the lower river. In order to ensure no
significant decrease in survival of either sockeye or chinook populations, it is
appropriate to mitigate for this unquantified likely increas,e in predation pressure.
� PROPOSED COMPENSATORY MITIGATION
�.0
�� The proposed compensatory mitigation is composed of three major elements described
� below, and two additional elements which will not be implemented concurrently with
c� construction. Elements 1 and 2, below are proposed to compensate for expected
'��' adverse impacts to salmon spawning habitat, adult holding habitat and increased
� predation on sockeye and chinook fry. Element 3, below, is proposed to compensate
� for expected adverse impacts to the aquatic ecosystem and food web (especially
invertebrates, secondarily for lamprey) and adult holding habitat. Elements 4 and 5
may provide additional mitigation for predator increases.
The decision to include off-site mitigation elements was made because of limited space
adj?cen± to the lovvsr river and concerns regarding street runoff and high sedimentation
rates in the lower river. An alternate salmon spawning site adjacent to the dredged
area would have been unlikely to succeed due to sediment deposition concerns and the
high probability of contaminated groundwater. Therefore, compensatary mitigation on
the project site is limited to riparian plantings.
Mitie�ation Elements
1) Construct a groundwater fed spawning channel for sockeye salmon upstream of
the project reach at approximately RM 5 in an undeveloped floodplain area along the
left bank (Cedar River park site owned by the City of Renton). This channel will have
an effective spawning area (channel bottom area) of 24,000 ft2 (2200 m2) plus a pool at
the upstream end. Spawning density is expected to be range from 0:9 females/m2 to
1.3 females/m2, which has been observed at the adjacent Elliot channel constructed by
King County (G. Luccetti, King County, pers. comm.). The proposed channel will
provide alternate spawning habitat for an estimated 1980-2860 females and may
provide some rearing habitat at its mouth for other salmon juveniles.
The channel will be approximately 1060 feet long and typically 20 feet wide (channel
bottom) with 2 or 3:1 sideslopes and a gradient of 0.26%. The substrate witl consist of
appropriate sized gravel and the banks will be stabilized with vegetation (willows, devil's
club, etc.). The channel mouth will be protected from erosion and sedimentation on the
upstream side by a cluster of large woody debris (LWD) or a small rock groin. (See
figures 9-12 for channel details.) Conifers and other native vegetation will be
,
underplanted for 100 feet (30 m) on either side of the new channel to improve the
floodplain and provide a buffer for the channel. An unpaved trail will be constructed
adjacent to the spawning channel, generally a minimum of 20 feet away from the top of
the bank. The plantings of willows and devil's club are designed specifically to .
discourage public access to the channel while allowing visual observation from `
platforms with fencing. Following construction of the channel and plantings, a
temporary construction fence will be left in place to prevent trampling of the vegetation
(for approximately 2 years). Fencing or other barriers will be provided alongside the
trail to discourage public access into the channel. (Also See following monitoring plan
for details on spawning and predation monitoring.) • , ,
2) At the Maplewood Golf Course revetment (approximately RM 4), LWD will be
placed and the revetment will be vegetated (see Figure 14). LWD will be placed in
clumps of 3 or more logs and/or rootwads, spaced approximately 50 feet between
clumps (total of 10 clumps will be installed). The clumps will be anchored with large
rock embedded in the revetment and a rock toe; within a clump individual logs may be
chained together (per King County recommendation). Willows and other native shrubs
will be planted immediately above the ordinary high water line in the revetment as
shown in Figure 14. At the upstream end of the revetment an additional area of eroding
bank will be stabilized with LWD and packed with small woody debris and river gravel to
� reduce erosion of fine materials from the steep bank, while maintaining suitable habitat
� features. No rock will be placed in the channel at the upstream end. A rock deflector
�� appr�ximate!y 2 #eet bslov�s Qr�inan; high v�ater will be placed �t the upstream edge of
� the existing revetment to deflect flows away from the large woody debris in order to
Q reduce safety concerns for boaters. This deflector will not reduce the debris and
Ca sediment trapping ability of the downstream large woody debris.
A
� 3) The right bank of the river will be vegetated with native trees and shrubs from
1100 m (immediately downstream of the south Boeing bridge) to the mouth. Four
openings will remain for public access. The left bank of the river from Logan Avenue
downstream to the small airplane hangers will be vegetated with willows and other
shrubs. (See Figure 13 for details.) This element is intended to provide nutrients to the
lower river system for aquatic food web enrichment (invertebrates and resident
fish/lampreys) and to provide shading and bank scour habitat for salmon feeding and
holding. See table on Figure 13 for density and species details.
4) The City of Renton will stockpile approximately 20,000 CY of clean gravel
dredged from the lower river at their NARCO site for potential future use by the City or
other agencies in upstream areas.
5) A proposed planting scheme for the Cedar River delta and adjacent nearshore
areas will be coordinated with the Boeing Company, FAA, DNR, and the Renton Airport
for possible future implementation (see Figure 15). If these agencies agree to allow the
plantings, then it will be implemented. It is understood that the delta plantings are
experimental, it is not known if any vegetation can survive the sediment deposition
occurring on the delta. The following monitoring plan'describes monitoring which will
be conducted to ensure plantings in Element #3 do not encourage flocking birds.
References:
Martz, M., J. Dillon & P. Chigbu. 1996. 1996 Longfin Smelt (Spirinchus thaleichthys)
� Spawning Survey in the Cedar River and Four Lake Washington Tributaries. Technical
�",�� Appendices forthe draft Environmental Impact Statement Cedar��iver Section 205
� Flood Damage Reduction Study.
�
� Northwest Indian Fisheries Commission (NWIFC). 1994. Timber-Fish-1Nildlife Ambient
n Monitoring Program Manual. Olympia, WA.
GD
� USACE. March 1997. Draft Environmental Impact Statement for the Cedar River
Section 205 Flood Damage Reduction Study (and Technical Appendices). Seattle, WA.
USACE. August 1997. Final Environmental Impact Statement for the Cedar River
Section 205 Flood Damage Reduction Study. Seattle, WA.
MONITORING AND CONTINGENCY PLAN
CEDAR RIVER SECTION 205 FLOOD CONTROL PROJECT _
RENTON, WASHINGTON -
This monitoring and contingency plan is proposed to ensure that the conclusions drawn
in the final Environmental Impact Statement (USACE, 1997) and the proposed
compensatory mitigation elements adequately address any significant environmental
impacts from the flood control project. The significant adverse impacts identified in the
EIS are described in the mitigation plan. Additionally, there are t�vo types of impacts
that were not considered significant, but monitoring is warranted to supplement the data
that was used to determine the impacts were not significant. These two non-significant
impacts were: �
1) the conclusion that longfin smelt would not be adversely affected by the project
because the three years of data of smelt spawning indicated that spawning occurs only
in areas of low velocity. The project is expected to expand the smelt spawning habitat
due to a reduction in velocities for an additional 2300 feet upstream.
� 2) the proposed mitigation plantings of trees and shrubs along both banks of the
� lower river will not increase "nuisance bird" populations or their use of the area.
��� "Nuisance birds" are defined as birds that affect airport operations and include seagulls,
� Canada geese and cooi�, or uther flocki�y ��rds. !� �s �xp�ct�d trat ;h� dredging
� activity and the additional trees and shrubs will reduce nuisance bird populations and
� use of the area because these species tend to like open ground or gravel bars for
� loafing. The mitigation plantings will not change the open habitat available at the
� airport. This monitoring will supplement information on bird use of the delta as well, to
�
plan for possible future plantings on the delta described in Mitigation Element #5.
Several studies are proposed for this monitoring plan and will be performed by Corps'
staff or its contractors. Prior to commencing monitoring each year, the Corps and City
will consult with the resource agencies and tribe to finalize the scope of monitoring each
year. Every year in which monitoring is conducted, a monitoring report which
summarizes data, results and observations and any photographs will be submitted to
the City, WDOE, WDFW, NMFS, USFWS and the tribe. The report will be submitted by
January 15 following each monitoring year.
1) Vegetation monitoring will be conducted to ensure survival of mitigation plantings
and to determine if maintenance activities to remove non-native invasive plants should
be undertaken. In years 1,2 and 5 following installation of the plants in the Cedar River
Trail Park, the left bank adjacent to the airport and the upstream mitigation sites (and
the delta, when and if accomplished), the plantings will be evaluated for percent cover,
canopy cover, and percent survival. In the lower river, the plantings will be assessed in
3.33 m (11 ft) diameter circular plots every 100 meters (330 ft). Additionally, permanent
photo points will be established (minimum of 5 on each bank) to assess the overall
vegetation, in order to ensure that the 100 m plots are representative of the entire area.
Vegetation percent cover shouid be in the range of 40-60% in year 1, 60-75% in_year 2,
and 75-90°/a in year five. Percent survival should increase similar to percent cover and
remain steady above 90-95% after year 5. Supplemental plantings will be required if -
mortality decreases density significantly. _
2) Bird use of the lower river and delta will be monitored to evaluate whether
� "nuisance" bird populations and behavior have changed as a result of the vegetation
� plantings and dredging. Pre and post-construction bird counts and observations will be
�� compared. Surveys will be conducted in years 1 and 2 after constructiot� by a Corps'
M wildlife biologist. At least one early morning, mid-day and evening survey will be
� conducted each month of the year. Effort will be primarily focused on the lower 3500
;,� feet (1100 m) of the river (downstream of the south Boeing bridge) to specifically
� observe use of the park, delta and airport as compared to the new mitigation plantings
� in the park (and delta plantings, when and if accomplished).
3) Snorkel surveys, and electroshocking (as feasible) of the Maplewood Golf
Course revetment bank will be conducted to determine if the large woody debris placed
in the channel is creating suitable habitat for chinook fry and juveniles (i.e. pools), and
to document habitat use by chinook or other salmon species. Predator populations will
additionally be tagged to help determine population size and residence time. These
surveys will be conducted in years 1,2,3 and 5 after construction. Surveys will occur
�iW�c�Kiy iii�ii'i iJiaiC�i - uL'i�c. Th;S �;^,�Orm�tiOC! 41i:�� b2 cQm�ared to lim�+sd pre-
construction data (King County snorkel survey info and Corps info).
4) The upstream mitigation site (spawning channel) will be monitored for spawner
numbers in the fall/winter and for survival of eggs to fry in the spring. Spawner surveys
will be conducted in years 0,1,2, and 5 after construction. These surveys will be
conducted biweekly from September through December. In years 1,2, and 3 after
construction the fry will be monitored to estimate survival of eggs to fry in the channel.
A trap' or fyke net with a live well will be installed at the lower end of the channel
approximately one night per week from March through June to determine numbers of
fry migrating out of the channel and estimate egg to fry survival based on spawner
surveys. The substrate along the entire channel length will be visually observed twice
yearly to determine if fine sediment is accumulating in the channel and once yearly
sediment samples will be taken (maximum of 5) to determine grain size distribution.
Water levels in the channel will be monitored over a range of flows in the Cedar River
from 110 cfs-2000+ cfs to ensure sufficient water is available throughout the year.
Percent cover and percent survival of planted areas will be monitored similar to the
park site as described in #1, above.
' The trap may consist of a fine-meshed box trap with wingwalls or a scoop-type trap, similar to but much
smaller than,the state's fry trap in the lower Cedar River. Various trap designs will likely be
experimented with in the first season of sampling.
, ' , , • .
5) Sockeye spawning surveys will be conducted in the lower 2000 m (1.25) miles of
the river in years 0,1 and 2 following construction, similar to the Corps' previous
surveys with the addition of spawner counts by raft. Surveys will be conducted
biweekly from mid-September through December as feasible depending on flows. �
Redds and fish will be counted by river reach as previously conducted. `
6) Predator populations in the lake backwater area (below the south Boeing bridge)
will be monitored by electrofishing, and beach seining following the methods of Tabor
and Chan, 1996. If possible, Tabor and Chan will be contracted to do the study. The
purpose of the study will be to determine if predator populations have increased
following dredging and if fry (sockeye and chinook) consumption has also increased.
Approximately five transects would be established in the lower river and sampled by
boat or backpack electroshocking equipment. Captured predators would be measured
(length and weight), stomach pumped and tagged to determine recapture rate. A
mark/recapture effort will be conducted in April and May. Stomach contents will be
analyzed. Sampling would occur at night approximately bi-weekly from February
through June. Predator monitoring will occur in years 1 and 2 following construction.
7) To verify that longfin smelt are not adversely affected, eggs will be collected for
longfin smelt in years 1,2 and 4 following construction (one low year and two high year
� populations). Eggs will be sampled at 300 m transects from the delta up to 1800 m and
�n at Carko Theater by use of a Surber net, similar to the study conducted in 1996 (Martz,
� � et ai, 19�6j. ThreE sa�'iales ���i b2 collect2d at aa�" ,ru^sect �r a m�r�thly basis from
� late January to May. Egg abundance, distribution and survival will be compared to the
� pre-dredging studies.
� It is assumed that some maintenance will be required for all the mitigation elements
� even if they are functioning as designed. The City of Renton will typically be
responsible for all operation and maintenance activities. The groundwater fed channel
may require periodic cleaning to remove excessive plant litter or fine sediment buildup.
This may be required approximately every 5 years. The large woody debris may
require infrequent replacement if a piece degrades or breaks free and goes
downstream. This may be required every 5-10 years. The gravel and small woody
debris matrix just upstream of the existing Maplewood Golf Course revetment may
need supplemental gravel on the approximate frequency of dredging in the lower river.
During the first five years following construction some replacement of plants may be
required due to mortality. After five years, it is expected that the remaining plants will
begin to form a sufficiently dense canopy. The monitoring reports will state if
maintenance activities should be undertaken.
Contingency Plans
If any of these monitoring studies, during any year of monitoring, shows that the flood
control project is having a more significant environmental impact than was assumed, or
that the mitigation sites are not functioning as designed, then contingency planning
must occur between the Corps, City of Renton, MIT, USFWS, NMFS, WDFW and
,
' . . � " .
WDOE. Also, if the monitoring demonstrates that the rnitigation implemented for this
project provides benefits well in excess of any identified impacts, Renton and the above
agencies will determine if mitigation credit may be given to Renton for future projects.
Contingency plans may include one or more of, but are not limited to the following .
additional mitigation measures: `_
For uncompensated impacts to salmon spawning habitat or fry survival:
p • Increase size of upstream groundwater fed spawning,channel, as feasible.
��� Maximum increase at the current site is likely to be minimal. ���
�
�
� • Creation/reconnection of side channel habitat along the mainstem Cedar River,
�J possibly at the current upstream mitigation site or a similar Iocation.�.Primarily
� intended for chinook rearing.
�
�
• Creation of second groundwater fed spawning channel at a different location from
the first channel. Sites could include property across the river from Elliot channel, or
other sites in the vicinity. Other sites may require additional real estate acquisition
or easements.
• Reduction of light levels along the lower Cedar River to reduce predation and
encourage migration of salmon fry.
• Habitat creation or enhancement at the mouth of the Cedar River or in Lake
Washington to reduce predation on salmon fry. Such a proposal would be designed
to not have any adverse impacts on flood conveyance.
• Additional placement of large woody debris along the river banks, at suitable
locations, if monitoring shows a positive benefit for chinook fry rearing.
• Placement of clean gravel (dredged material) upstream to provide improved
spawning habitat upstream of the dredged reach. Quantities and locations to be
determined, but would likely be in the range of 10,000-25,000 CY. Placement of
large woody debris or sills in the river concurrently would likely help to retain that
gravel in the upstream areas. Such a proposal would require negotiation with DNR,
King County and landowners in the vicinity.
For uncompensated impacts to longfin smelt:
• Creation of shallow water benches in the lower river (likely downstream of the boat
ramp), might require some excavation in the park to ensure no effect on flood
conveyance. Aquatic weeds (milfoil) could be a problem in this area.
• Possible restoration of habitai in otf�er Lake Washington tributaries for smelt use,
i.e. low velocity habitat in shallow water. Corps surveys (1996) have shown that
smelt do use other tributaries including May, Coal, Juanita and McAleer Creeks. .
For unanticipated problems with "nuisance" birds and airport traffic: `_
• Placement of netting around delta and lakeshore of airport.
• Lethal bird reduction measures. �
• Removal of selected vegetation if warranted. Alternate mitigation would be required
for aquatic ecosystem and food web impacts. Possible increase of vegetation if
found to be effective at controlling/reducing "nuisance bird" populations.
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