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HomeMy WebLinkAbout20220211-NWPVerificationLtr-NWS-2020-848.pdf DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 4735 EAST MARGINAL WAY SOUTH, BLDG 1202 SEATTLE, WA 98134-2388 Regulatory Branch February 11, 2022 Mr. Matt Feldmeyer Renton School District No. 403 300 Southwest 7th Street Renton, Washington 98057 Reference: NWS-2020-848 Renton Elementary (Renton School District No. 403) Dear Mr. Feldmeyer: We have reviewed your application to place fill in 0.28 of an acre of Wetland B to construct a new elementary school at Renton, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 39, Commercial and Institutional Developments (Federal Register January 13, 2021, Vol. 86, No. 8) authorizes your proposal as depicted on the enclosed drawings dated November 4, 2020. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 39, Terms and Conditions and the following special conditions: a. You shall implement and abide by the Wetland Mitigation Bank Use Plan: Renton School District Elementary School #16, dated October 2020, and obtain mitigation bank credits from the Springbrook Creek Wetland and Habitat Mitigation Bank in accordance with Section 7 and Table 3 of the Bank Use Plan. b. You shall obtain from the Springbrook Creek Wetland and Habitat Mitigation Bank sponsor documentation of the completed mitigation bank transaction. You shall submit to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, documentation on the completed mitigation bank transaction prior to performing work in waters of the U.S. authorized by this permit. All submittals must prominently display the reference number NWS-2020-848. c. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the No Effect Letter: Renton Elementary School #16, dated October 13, 2020, in its entirety. The U.S. Army Corps of Engineers -2- (Corps) made a determination of No Effect for all species and critical habitat based on this document. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your Corps permit. d. You shall comply with the conditions specified in the Washington State Department of Ecology Coastal Zone Management Consistency Determination dated November 2, 2021. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. A conditioned Water Quality Certification (WQC) and Coastal Zone Management (CZM) consistency determination response has been issued by the Washington State Department of Ecology for your project and is enclosed. You must comply with the conditions specified in the WQC and CZM determination for this NWP authorization to be valid. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this 2021 NWP authorization is valid until March 14, 2026 unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the 2021 NWP authorization has not been completed by that date and you have commenced or are under contract to commence this activity before March 14, 2026, you will have until March 14, 2027, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act. You must also obtain all local, State, and other Federal permits that apply to this project. -3- Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at nws.compliance@usace.army.mil. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. Referenced documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Permit Information”. A copy of this letter with enclosures will be furnished to Mr. Hugh Mortensen, The Watershed Company, by email at hmortensen@watershedco.com. If you have any questions, please contact me at brandon.c.clinton@usace.army.mil or (206) 316-3164. Sincerely, Brandon Clinton, Project Manager Regulatory Branch Enclosures