HomeMy WebLinkAbout20210923-401Certification-NWS-2020-848.pdf
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office PO Box 330316 Shoreline, Washington 98133-9716 (206) 594-0000
711 for Washington Relay Service Persons with a speech disability can call 877-833-6341
September 23, 2021
Renton School District No. 403
ATTN: Matt Feldmeyer
300 SW 7th Street
Renton, WA 98057
RE: Water Quality Certification Order No. 20701 for Corps Reference No. NWS-2020-0848, New
Elementary School 16, City of Renton, King County, Washington
Dear Matt Feldmeyer:
On June 2, 2021, Renton School District No. 403 submitted a request for a Section 401 Water Quality
Certification (WQC) under the federal Clean Water Act for the New Elementary School 16 project in the
City of Renton, King County, Washington.
On behalf of the state of Washington, the Department of Ecology certifies that the work described in the
Joint Aquatic Resource Permit Application (JARPA) and the public notice complies with applicable
provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water Act, as amended, and applicable
state laws. This certification is subject to the conditions contained in the enclosed Order.
Please ensure that anyone doing work under this Order has read, is familiar with, and is able to follow all
of the provisions within the attached Order.
If you have any questions about this decision, please contact Neil Molstad at (425) 389-5549 or
neil.molstad@ecy.wa.gov. The enclosed Order may be appealed by following the procedures described
within the Order.
Sincerely,
Joe Burcar, Section Manager
Shorelands and Environmental Assistance Program
Northwest Regional Office
Enclosures
Sent via electronic mail to: matthew.feldmeyer@rentonschools.us
e-cc: Kristin McDermott and Jacalen Printz, Corps of Engineers
Hugh Mortensen, The Watershed Company
Laura Brent, Brent Planning Solutions
Loree’ Randall, Ecology, SEA
Amy Jankowiak, Ecology, NWRO, WQ
ECY RE FEDPERMITS
V.2021
IN THE MATTER OF GRANTING A
WATER QUALITY
CERTIFICATION TO
Renton School District No. 403
pursuant to 33 U.S.C. 1341 (FWPCA
§ 401), RCW 90.48.120, RCW 90.48.260
and Chapter 173-201A WAC
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WQC ORDER No. 20701
Corps Reference No. NWS-2020-0848
New Elementary School 16 project, wetland in
the Honey Creek watershed, located in the City
of Renton, King County, Washington.
Renton School District No. 403
ATTN: Matt Feldmeyer
300 SW 7th Street
Renton, WA 98057
On January 7, 2021, Renton School District No. 403 (School District) submitted a pre-filing meeting
request to the Department of Ecology (Ecology). Then, on June 2, 2021, the School District submitted a
request for a Section 401 Water Quality Certification (WQC) under the federal Clean Water Act for the
New Elementary School 16 project, which will impact a wetland in the Honey Creek watershed. Ecology
considered the WQC request valid on June 2, 2021. The project is located in the City of Renton, King
County, Washington. Ecology issued a public notice for the project on June 4, 2021.
The project proposes construction of a new elementary school to serve the Renton Public School
District. The construction of the school will result in unavoidable impacts to 0.28 acres of a Category IV
forested and scrub-shrub depressional wetland. To compensate for these wetland impacts, the School
District proposes to purchase credits from the Springbrook Creek Wetland and Habitat Mitigation Bank.
The project site is bounded by Duvall Avenue NE to the east and NE 12th Street to the north in the City
of Renton, King County, Washington, NW ¼ Section 10, Township 23 N., Range 05 E., within Water
Resource Inventory Area (WRIA) 8 (Cedar-Sammamish).
AUTHORITIES
In exercising authority under 33 U.S.C. § 1341, RCW 90.48.120, and RCW 90.48.260, Ecology has
reviewed this WQC request pursuant to the following:
1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment
effluent limitations as provided under 33 U.S.C. §§1311, 1312, 1313, 1316, and 1317;
2. Conformance with the state water quality standards contained in Chapter 173-201A WAC and
authorized by 33 U.S.C. §1313 and by Chapter 90.48 RCW, and with other applicable state laws;
and,
3. Conformance with the provision of using all known, available and reasonable methods to prevent
and control pollution of state waters as required by RCW 90.48.010.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 2 of 15
4. Conformance with Washington’s prohibition on discharges that cause or tend to cause pollution
of waters of the state of Washington. RCW 90.48.080.
5. The project proponent of the project authorized is responsible for obtaining all other permits,
licenses, and certifications that may be required by federal, state, local or tribal authorities.
With this Water Quality Certification Order (WQC Order), Ecology is granting with conditions Renton
School District No. 403’s request for a Section 401 Water Quality Certification (WQC) for the New
Elementary School 16 project which will impact a wetland located in the Honey Creek watershed within
the City of Renton, located in King County, Washington. Ecology has determined that the proposed
discharges will comply with all applicable state water quality requirements, provided the project is
conducted in accordance with the WQC request that Ecology received on June 2, 2021, the supporting
documents referenced in Table 1 below, and the conditions of this WQC Order.
Table 1. Supporting Documents
Date Received Document
Type
Title & Date Author
January 26,
2021
Joint Aquatic
Resources
Permit
Application
(JARPA) Form
JARPA (signed November 12,
2020)
The Watershed
Company
January 26,
2021
Wetland
Delineation
RSD Chelan Ave NE Wetland
Delination Report (dated
November 26, 2019)
The Watershed
Company
January 26,
2021
Mitigation Plan Wetland Mitigation Bank Use
Plan, Renton School District
Elementary School #16 (dated
October 2020)
The Watershed
Company
June 2, 2021 Mitigation Plan
Sheets
New Elementary School #16
Mitigation Plan Permit Set (dated
January 28, 2021)
The Watershed
Company
June 2, 2021 TESC and
Demolition
Plans
TESC and Demolition Plans (dated
March 26, 2021)
LPD Engineering
June 25, 2021 State
Environmental
Policy Act
Mitigated Determination of Non-
Significance (dated June 21, 2021)
Renton School
District No. 403
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 3 of 15
Issuance of this WQC Order for this proposal does not authorize Renton School District No. 403 to
exceed applicable state water quality standards (Chapter 173-201A WAC), ground water quality
standards (Chapter 173-200 WAC) or sediment quality standards (Chapter 173-204 WAC). Furthermore,
nothing in this WQC Order absolves Renton School District No. 403 from liability for contamination
and any subsequent cleanup of surface waters, ground waters, or sediments resulting from project
construction or operations.
A. General Conditions
Clean Water Act (CWA) Section 401 certification is granted with conditions to Renton School District
No. 403. Ecology has determined that any discharge from the proposed project will comply with water
quality requirements, as defined by 40 CFR 121.1(n), subject to the following conditions pursuant to
Section 33 USC §1341(d). Additionally, the following conditions will be incorporated into the Corps
permit and strictly adhered to by Renton School District No. 403. This WQC Order does not authorize
direct, indirect, permanent, or temporary impacts to waters of the state or related aquatic resources,
except as specifically provided for in conditions of this WQC Order.
Specific condition justifications and citations required by 40 CFR 121.7(d)(1) are provided below each
condition in italic text.
1. In this WQC Order, the term “Project Proponent” shall mean Renton School District No. 403 and its
agents, assignees, and contractors.
• Justification - Ecology needs to identify that conditions of this WQC Order apply to anyone
conducting work on behalf of the Project Proponent to ensure compliance with the water
quality standards and other applicable state laws.
• Citation - 40 CFR 121.1(j), Chapter 90.48 RCW, Chapter 90.48.080 RCW, Chapter
90.48.120 RCW, Chapter 90.48.260 RCW, Chapter 173-200 WAC, Chapter 173-201A WAC,
and Chapter 173-225-010 WAC.
2. All submittals required by this WQC Order shall be sent to Ecology’s Headquarters Office, Attn:
Federal Permit Manager, via e-mail to fednotification@ecy.wa.gov and cc to
neil.molstad@ecy.wa.gov. The submittals shall be identified with WQC Order # 20701 and include
the Project Proponent’s name, Corps permit number, project name, project contact, and the contact
phone number.
• Justification - Ecology needs to identify where information and submittals are to be
submitted to be in compliance with the requirements of this WQC Order.
• Citation - Chapter 90.48 RCW, Chapter 90.48.120 RCW, Chapter 90.48.260 RCW, Chapter
173-201A WAC, and Chapter 173-225-010 WAC.
3. Work authorized by this WQC Order is limited to the work described in the WQC request package
received by Ecology on June 2, 2021 and the supporting documentation identified in Table 1.
• Justification - Ecology has the authority to prevent and control pollution of state waters. By
authorizing a discharge into a water of the state, through a WQC, Ecology is certifying the
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 4 of 15
project as proposed will not negatively impact our state’s water quality. Therefore, it is
imperative the project is conducted as it was presented during the review process. Any
deviations from information within the WQC Request package and this WQC Order must be
disclosed prior to the initiation of the planned work.
• Citation - 40 CFR 121.5, Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.120
RCW, Chapter 90.48.260 RCW, Chapter 173-200 WAC, Chapter 173-201A WAC, Chapter
173-204 WAC, and Chapter 173-225-010 WAC.
4. The Project Proponent shall keep copies of this WQC Order on the job site and readily available for
reference by Ecology personnel, the construction superintendent, construction managers and lead
workers, and state and local government inspectors.
• Justification - All parties (including on-site contractors) must be aware of and comply with
the WQC Order for the protection of water quality.
• Citation - 40 CFR 121.3, Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 173-201A
WAC, and Chapter 173-225-010 WAC.
5. The Project Proponent shall provide access to the project site and all mitigation sites upon request by
Ecology personnel for site inspections, monitoring, and/or necessary data collection, to ensure that
conditions of this WQC Order are being met.
• Justification - Ecology must be able to investigate and inspect construction sites and
facilities for compliance with all state rules and laws.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.090 RCW, Chapter
173-201A WAC, and Chapter 173-225-010 WAC.
6. The Project Proponent shall ensure that all project engineers, contractors, and other workers at the
project site with authority to direct work have read and understand relevant conditions of this WQC
Order and all permits, approvals, and documents referenced in this WQC Order. The Project
Proponent shall provide Ecology a signed statement (see Attachment A for an example) before
construction begins.
• Justification - Ecology needs to ensure that anyone conducting work at the project, on behalf
of the Project Proponent, are aware of and understand the required conditions of this WQC
Order to ensure compliance with the water quality standards and other applicable state laws.
• Citation - 40 CFR 121.1(j), Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 173-
201A WAC, and Chapter 173-225-010 WAC.
7. This WQC Order does not authorize direct, indirect, permanent, or temporary impacts to waters of
the state or related aquatic resources, except as specifically provided for in conditions of this WQC
Order.
• Justification - Ecology has the authority to prevent and control pollution of state waters, and
to protect designated uses. By authorizing a discharge into a water of the state, through a
water quality certification, we are certifying the project as proposed will not negatively
impact our state’s water quality and will comply with the state’s water quality requirements.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 5 of 15
Therefore, it is imperative the project is conducted as it was presented during the review
process, and as conditioned herein.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 173-200 WAC, Chapter
173-201A WAC, Chapter 173-201A-300(2)(e)(i) WAC, Chapter 173-201A-310 WAC, Chapter
173-204-120 WAC, and Chapter 173-225-010 WAC.
8. Failure of any person or entity to comply with the WQC Order may result in the issuance of civil
penalties or other actions, whether administrative or judicial, to enforce the state’s water quality
standards.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses. Civil penalties and other enforcement actions are the primary means of securing
compliance with water quality requirements.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.037 RCW, Chapter
90.48.080 RCW, Chapter 90.48.120 RCW, Chapter 90.48.142 RCW, Chapter 90.48.144
RCW, and Chapter 173-225-010 WAC.
9. The Project Proponent shall provide Ecology documentation for review before undertaking any
major changes to the proposed project that could significantly and adversely affect water quality,
other than those project changes required by this WQC Order.
• Justification - Ecology has independent authority to enforce our 401 certification conditions
issued through this WQC Order pursuant to RCW 90.48. In order to ensure the project will
comply with water quality standards in the event of any major changes, Ecology must be able
to review the scope of work involved in the construction and operation of the project,
otherwise all work must stop and a new 401 certification pre-filing meeting, followed by a
new 401 request (after requisite 30-days) is required.
• Citation- 40 CFR 121.1(k) &(n), 40 CFR 121.3, Chapter 90.48 RCW, and Chapter 173-201
WAC.
10. The Project Proponent shall send (per A.2.) a copy of the final Corps permit to Ecology’s Federal
Permit Manager within two weeks of receiving it.
• Justification - This conditions is needed to ensure that all the conditions of the WQC Order
have been incorporated into the federal permit.
• Citation- 40 CFR 121.10
11. Nothing in this WQC Order waives Ecology’s discretionary authority to issue additional Orders if
Ecology determines that further actions are necessary to implement the water quality laws of the
state.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48.120 RCW, Chapter 173-201A WAC, and Chapter 173-225-010
WAC.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 6 of 15
12. This WQC Order will automatically transfer to a new owner or operator if:
a. A written agreement between the Project Proponent and new owner or operator with the
specific transfer date of the WQC Order’s obligations, coverage, and liability is submitted to
Ecology per condition A.2.;
b. A copy of this WQC Order is provided to the new owner or operator; and,
c. Ecology does not notify the new Project Proponent that a new WQC Order is required to
complete the transfer.
• Justification – Ecology needs to ensure that anyone conducting work at the project,
including any new owners or operators, are aware of and understand the required
conditions of this WQC Order to ensure compliance with the water quality standards and
other applicable state laws.
• Citation – 40 CFR 121.3, Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 173-
201A WAC, and Chapter 173-225-010 WAC.
B. Notification Requirements:
1. The following notification shall be made via phone or e-mail (e-mail is preferred) to Ecology’s
Federal Permit Manager via e-mail to fednotification@ecy.wa.gov and cc to
neil.molstad@ecy.wa.gov. Notifications shall be identified with WQC Order # 20701 and Corps
reference # NWS-2020-0848, and include the Project Proponent name, project name, project location,
project contact and the contact phone number.
a. Immediately following a violation of state water quality standards or when the project is out
of compliance with any conditions of this WQC Order.
b. At least ten (10) days prior to all pre-construction meetings
c. At least ten (10) days prior to conducting initial in-water work activities.
d. Within seven (7) days of completing in-water work activities.
• Justification - Ecology must be aware of when a project starts and ends and whether
there are any issues. This allows Ecology to evaluate compliance with the state water
quality requirements.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 173-201A WAC,
Chapter 173-201A-300-330 WAC, Chapter 173-204 WAC, and Chapter 173-225-010
WAC.
2. In addition to the phone or e-mail notification required under B.1.a. above, the Project Proponent
shall submit a detailed written report to Ecology within five (5) days that describes the nature of the
event, corrective action taken and/or planned, steps to be taken to prevent a recurrence, results of any
samples taken, and any other pertinent information.
• Justification - Ensure the Project Proponent remains in full compliance with state water
quality requirements for the duration of the project.
• Citation - Chapter 90.48 RCW, Chapter 90.48.120 RCW, Chapter 173-201A WAC, and
Chapter 173-225-010 WAC.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 7 of 15
C. Timing
1. This WQC Order is not effective until the U.S. Corps of Engineers (Corps) issues a permit for this
project and will remain valid for the duration of the associated permit for the project.
• Justification – Certifications are required for any license or permit that authorizes an
activity that may result in a discharge or fill material into waters. This WQC Order is not
valid until the Federal agency issues a permit. Additionally, Ecology needs to be able to
specify how long the WQC Order will be in effect.
• Citation – Chapter 90.48 RCW, Chapter 173-201A, and Chapter 173-225-010 WAC.
D. Construction
General Conditions
1. All work in and near waters of the state shall be conducted to minimize turbidity, erosion, and other
water quality impacts. Construction stormwater, sediment, and erosion control Best Management
Practices (BMPs) suitable to prevent exceedances of state water quality standards shall be in place
before starting maintenance and shall be maintained throughout the duration of the activity.
• Justification - Disturbed areas without appropriate BMP’s and construction methods can
discharge excess sediment to waters of the state and degrade water quality. Ecology must
protect waters of the state from all discharges and potential discharges of pollution that can
affect water quality to protect aquatic life and beneficial uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
2. All clearing limits, stockpiles, staging areas, and trees to be preserved shall clearly be marked prior to
commencing construction activities and maintained until all work is completed for each project.
• Justification - Ensures that the project proponent preserves sensitive areas from discharges
and potential discharges of pollution that can affect water quality to protect aquatic life and
beneficial uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
3. No stockpiling or staging of materials shall occur at or below the OHWM of any waterbody.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
4. The Project Proponent shall obtain and comply with the conditions of the Construction Stormwater
Permit (National Pollutant Discharge Elimination System - NPDES) issued for this project.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 8 of 15
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
5. Within the project limits 1 all environmentally sensitive areas including, but not limited to, wetlands,
wetland buffers, and mitigation areas shall be fenced with high visibility construction fencing (HVF)
prior to commencing construction activities. Construction activities include equipment staging,
materials storage, and work vehicle parking. Note: This condition does not apply to activities such as
pre-construction surveying and installing HVF and construction zone signage.
a. If the project will be constructed in stages 2 a detailed description and drawings of the
stages shall be sent to Ecology for review at least 20 days prior to placing HVF.
b. Condition 2.a. shall apply to each stage.
c. All field staff shall be trained to recognize HVF, understand its purpose and properly
install it in the appropriate locations.
d. HVF shall be maintained until all work is completed for each project or each stage of a
staged project.
• Justification - Ecology must protect waters of the state from all discharges and
potential discharges of pollution that can affect water quality to protect aquatic life
and beneficial uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW,
Chapter 173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120
WAC, and Chapter 173-225-010 WAC.
6. All clearing limits, stockpiles, staging areas, and trees to be preserved shall clearly be marked prior
to commencing construction activities and maintained until all work is completed for each project.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
7. No petroleum products, fresh concrete, lime or concrete, chemicals, or other toxic or deleterious
materials shall be allowed to enter waters of the state.
1 Project limits include mitigation sites, staging areas, borrow sources, and other sites developed or used to support project
construction.
2 A stage is part of a project that has been separated into at least two distinct areas to be built during separate timeframes.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 9 of 15
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation -Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
8. All construction debris, excess sediment, and other solid waste material shall be properly managed
and disposed of in an upland disposal site approved by the appropriate regulatory authority.
• Justification - Ecology must be assured that the Project Proponent is managing and
disposing of material to protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
Equipment & Maintenance
9. Staging areas will be located a minimum of 50 feet and, where practical, 200 feet, from waters of the
state including wetlands.
• Justification - Requiring a minimum setback ensures that material will not end up in waters
of the state. Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
10. Equipment used for this project shall be free of external petroleum-based products while used around
the waters of the state, including wetlands. Accumulation of soils or debris shall be removed from
the drive mechanisms (wheels, tires, tracks, etc.) and the undercarriage of equipment prior to its use
around waters of the state, including wetlands.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-
120 WAC, and Chapter 173-225-010 WAC.
11. No equipment shall enter, operate, be stored or parked within any sensitive area except as
specifically provided for in this WQC Order.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 10 of 15
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
12. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips
or leaks, and shall be maintained and stored properly to prevent spills into state waters.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 173-200, Chapter 173-201A WAC, Chapter 173-201A-300-330 WAC,
Chapter 173-204-120 WAC, and Chapter 173-225-010 WAC.
13. Wash water containing oils, grease, or other hazardous materials resulting from washing of
equipment or working areas shall not be discharged into state waters. The Project Proponent shall set
up a designated area for washing down equipment.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-
120 WAC, and Chapter 173-225-010 WAC.
14. A separate area shall be set aside, which does not have any possibility of draining to surface waters,
for the wash-out of concrete delivery trucks, pumping equipment, and tools.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
173-201A WAC, Chapter 173-201A-300-330 WAC, Chapter 173-204-120 WAC, and Chapter
173-225-010 WAC.
E. Wetland Mitigation Conditions
1. The Project Proponent shall mitigate wetland impacts as described in the Wetland Mitigation Bank
Use Plan, Renton School District Elementary School #16 (hereafter called the “Mitigation Plan”) as
identified in Table 1 or as required by this Order.
• Justification - Alteration of water quality necessitates the use of mitigation as a method of
controlling pollution. When mitigation is provided, the impacts are not considered significant
enough to water quality, at least in the long-term. The water quality standards, along with
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 11 of 15
mitigation, protect wetlands as well as permitting some level of degradation where
unavoidable or necessary.
• Citation – 33 CFR 332, 40 CFR 131.12, 40 CFR 230, subpart J, Chapter 90.48 RCW,
Chapter 90.54 RCW, Chapter 90.74 RCW, Chapter 173-201A-260 (3)(i-ii) WAC, Chapter
173-201A-300 WAC, and Chapter 173-225-010 WAC.
2. Prior to impacting wetlands, the Project Proponent shall submit to Ecology documentation from the
bank sponsor verifying the purchase of 0.20 wetland mitigation bank credits (credits) from the
Springbrook Creek Wetland and Habitat Mitigation Bank. This documentation must include the
Ecology Order Number, Order issuance date, impact acreage, the amount of credits required by the
Order, and date of credit purchase.
• Justification - This condition is necessary to ensure the compensatory mitigation was
actually provided by the bank.
• Citation – 33 CFR 332, 40 CFR 131.12, 40 CFR 230, subpart J, Chapter 47.85.040 RCW,
Chapter 90.48 RCW, Chapter 90.54 RCW, Chapter 90.74 RCW, Chapter 173-201A-260
(3)(i-ii) WAC, Chapter 173-201A-300 WAC, and Chapter 173-225-010 WAC.
3. Unless otherwise authorized by this WQC Order, the Project Proponent shall complete the purchase
of credits before impacting wetlands or Ecology could use its discretionary authority to require the
Project Proponent to provide additional compensation to account for additional temporal loss of
wetland functions.
• Justification - Mitigation that is not emplaced concurrent with impacts will result in
degradation of existing beneficial uses of the wetlands affected by the proposed action
through temporal loss of functions.
• Citation – 33 CFR 332, 40 CFR 131.12, 40 CFR 230, subpart J, Chapter 47.85.040 RCW,
Chapter 90.48 RCW, Chapter 90.54 RCW, Chapter 90.74 RCW, Chapter 173-201A-260
(3)(i-ii) WAC, Chapter 173-201A-300 WAC, and Chapter 173-225-010 WAC.
4. If the Project Proponent has not purchased credits or completed the New Elementary School 16
project within 13 months of the date of this Order, the Project Proponent shall inform Ecology, in
writing, of the status of:
a) The New Elementary School 16 project
b) When bank credits will be purchased
With the:
c) Reason for the delay
d) Expected date of completion
The Project Proponent shall submit an updated written notification every 12 months thereafter until
the New Elementary School 16 project is complete and the required credits are purchased.
• Justification - Mitigation that is not emplaced concurrent with impacts will result in
degradation of existing beneficial uses of the wetlands affected by the proposed action
through temporal loss of functions.
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 12 of 15
• Citation – 33 CFR 332, 40 CFR 131.12, 40 CFR 230, subpart J, Chapter 47.85.040 RCW,
Chapter 90.48 RCW, Chapter 90.54 RCW, Chapter 90.74 RCW, Chapter 173-201A-260
(3)(i-ii), Chapter 173-201A-300 WAC, and Chapter 173-225-010 WAC.
F. Emergency/Contingency Measures
1. The Project Proponent shall develop and implement a spill prevention and containment plan for this
project.
• Justification - Ecology must ensure that the Project Proponent has a plan to prevent
pollution from entering waterways. Ecology must protect waters of the state from all
discharges and potential discharges of pollution that can affect water quality to protect
aquatic life and beneficial uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 90.56.280 RCW, Chapter 173-201A WAC, Chapter 173-201A-300-330
WAC, Chapter 173-204-120 WAC, Chapter 173-225-010 WAC, and Chapter 173-303-145
WAC.
2. The Project Proponent shall have adequate and appropriate spill response and cleanup materials
available on site to respond to any release of petroleum products or any other material into waters of
the state.
• Justification - Ecology must have assurance that the Project Proponent has the material
readily available in WQC Order to address any spills that might occur to protect waters of
the state. Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 90.56.280 RCW, Chapter 173-201A WAC, Chapter 173-201A-300-330
WAC, Chapter 173-204-120 WAC, Chapter 173-225-010 WAC, and Chapter 173-303-145
WAC.
3. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips
or leaks, and shall be maintained and stored properly to prevent spills into state waters.
• Justification - Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 90.56.280 RCW, Chapter 173-201A WAC, Chapter 173-201A-300-330
WAC, Chapter 173-204-120 WAC, Chapter 173-225-010 WAC, and Chapter 173-303-145
WAC.
4. Work causing distressed or dying fish and discharges of oil, fuel, or chemicals into state waters or
onto land with a potential for entry into state waters is prohibited. If such work, conditions, or
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 13 of 15
discharges occur, the Project Proponent shall notify Ecology’s Federal Permit Manager per condition
A.2 and immediately take the following actions:
a. Cease operations at the location of the non-compliance.
b. Assess the cause of the water quality problem and take appropriate measures to correct the
problem and prevent further environmental damage.
c. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a
potential for entry into state waters, containment and cleanup efforts shall begin immediately
and be completed as soon as possible, taking precedence over normal work. Cleanup shall
include proper disposal of any spilled material and used cleanup materials.
d. Immediately notify Ecology’s Regional Spill Response Office and the Washington State
Department of Fish & Wildlife with the nature and details of the problem, any actions taken
to correct the problem, and any proposed changes in operation to prevent further problems.
e. Immediately notify the National Response Center at 1-800-424-8802, for actual spills to
water only.
• Justification - This condition is necessary to prevent oil and hazardous materials spills
from causing environmental damage and to ensure compliance with water quality
requirements. The sooner a spill is reported, the quicker it can be addressed, resulting in
less harm. Ecology must protect waters of the state from all discharges and potential
discharges of pollution that can affect water quality to protect aquatic life and beneficial
uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW,
Chapter 90.56 RCW, Chapter 90.56.280 RCW, Chapter 173-201A WAC, Chapter 173-
201A-300-330 WAC, Chapter 173-204-120 WAC, Chapter 173-225-010 WAC, and
Chapter 173-303-145 WAC.
5. Notify Ecology’s Regional Spill Response Office immediately if chemical containers (e.g. drums)
are discovered on-site or any conditions present indicating disposal or burial of chemicals on-site
that may impact surface water or ground water.
• Justification - Oil and hazardous materials spills cause environmental damage. The sooner a
spill is reported, the quicker it can be addressed, resulting in less harm. Ecology must protect
waters of the state from all discharges and potential discharges of pollution that can affect
water quality to protect aquatic life and beneficial uses.
• Citation - Chapter 90.48 RCW, Chapter 90.48.030 RCW, Chapter 90.48.080 RCW, Chapter
90.56 RCW, Chapter 90.56.280 RCW, Chapter 173-201A WAC, Chapter 173-201A-300-330
WAC, Chapter 173-204-120 WAC, Chapter 173-225-010 WAC, and Chapter 173-303-145
WAC.
YOUR RIGHT TO APPEAL
You have a right to appeal this Order to the Pollution Control Hearing Board (PCHB) within 30 days of
the date of receipt of this Order. The appeal process is governed by Chapter 43.21B RCW and Chapter
371-08 WAC. “Date of receipt” is defined in RCW 43.21B.001(2).
To appeal you must do both of the following within 30 days of the date of receipt of this Order:
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 14 of 15
• File your appeal and a copy of this Order with the PCHB (see addresses below). Filing means
actual receipt by the PCHB during regular business hours.
• Serve a copy of your appeal and this Order on Ecology in paper form - by mail or in person. (See
addresses below.) E-mail is not accepted.
You must also comply with other applicable requirements in Chapter 43.21B RCW and Chapter 371-08
WAC.
ADDRESS AND LOCATION INFORMATION
Street Addresses Mailing Addresses
Department of Ecology
Attn: Appeals Processing Desk
300 Desmond Drive SE
Lacey, WA 98503
Department of Ecology
Attn: Appeals Processing Desk
PO Box 47608
Olympia, WA 98504-7608
Pollution Control Hearings Board
1111 Israel Road SW
STE 301
Tumwater, WA 98501
Pollution Control Hearings Board
PO Box 40903
Olympia, WA 98504-0903
CONTACT INFORMATION
Please direct all questions about this WQC Order to:
Neil Molstad
Department of Ecology
(425 389-5549
neil.molstad@ecy.wa.gov
MORE INFORMATION
• Pollution Control Hearings Board Website
http://www.eluho.wa.gov/Board/PCHB
• Chapter 43.21B RCW - Environmental and Land Use Hearings Office – Pollution Control
Hearings Board
http://app.leg.wa.gov/RCW/default.aspx?cite=43.21B
• Chapter 371-08 WAC – Practice And Procedure
http://app.leg.wa.gov/WAC/default.aspx?cite=371-08
• Chapter 34.05 RCW – Administrative Procedure Act
http://app.leg.wa.gov/RCW/default.aspx?cite=34.05
WQC Order # 20701, Corps No. NWS-2020-0848
September 23, 2021
Page 15 of 15
• Chapter 90.48 RCW – Water Pollution Control
http://app.leg.wa.gov/RCW/default.aspx?cite=90.48
• Chapter 173.204 WAC – Sediment Management Standards
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-204
• Chapter 173-200 WAC – Water Quality Standards for Ground Waters of the State of
Washington
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-200
• Chapter 173-201A WAC – Water Quality Standards for Surface Waters of the State of
Washington
http://apps.leg.wa.gov/WAC/default.aspx?cite=173-201A
SIGNATURE
Dated this 23rd day of September, 2021, at the Department of Ecology, Shoreline, Washington
_______________________________________
Joe Burcar, Section Manager
Shorelands and Environmental Assistance Program
Northwest Regional Office
Attachment A
Statement of Understanding
Water Quality Certification Conditions
New Elementary School 16
Renton School District No. 403
Water Quality Certification Order No. 20701
and
Corps Reference No. NWS-2020-0848
I, _________________________, state that I will be involved as an agent or contractor for
Renton School District No. 403 in the site preparation and/or construction of the New
Elementary School 16 project located in the City of Renton, King County, Washington. I further
state that I have read and understand the relevant conditions of Washington Department of
Ecology Water Quality Certification Order No. 20701 and the applicable permits and approvals
referenced therein which pertain to the project-related work for which I am responsible.
Signature Date
Title Phone
Company