Loading...
HomeMy WebLinkAboutAdden 1CAG-06-163, Adden #1-22 GCA 4894 Amendment No. 1 Page 1 of 4 GCA 4894 WSDOT/CITY OF RENTON SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK AGREEMENT AMENDMENT No. 1 This Amendment No. 1 is entered into between the City of Renton (CITY) and the Washington State Department of Transportation (WSDOT); collectively referred to as the “PARTIES” and individually referred to as “PARTY.” Recitals A. On August 10, 2006, the Parties entered into the WSDOT/City of Renton Springbrook Creek Wetland and Habitat Mitigation Bank Agreement GCA 4894 / CAG-06-163 (AGREEMENT), which defined the PARTIES’ roles and responsibilities related to Springbrook Creek Wetland and Habitat Mitigation Bank. B. The design and construction of the SITE and TRAIL, as described in the AGREEMENT, are complete and the PARTIES have fulfilled their AGREEMENT responsibilities for the design and construction phases. C. The ESTABLISHMENT phase is complete and the BOC (now known as the Interagency Review Team), has released all CREDITS, and the BANK has entered the OPERATIONAL LIFE and LTM phases as described in the AGREEMENT. D. The CITY has requested that WSDOT perform certain work for the LTM phase, as described herein. E. The CITY is obligated for the cost of the Work described herein. All work activities under the heading of Development Costs in Exhibit D-1 of this Amendment No. 1 have been performed and paid within the scope of the original AGREEMENT. F. PARTIES desire to amend the AGREEMENT to reflect the agreement of the PARTIES, in accordance with Section 9.1 on page 11 of 17 of the AGREEMENT. NOW THEREFORE, by virtue of Revised Code of Washington (RCW) 39.34.080 and in consideration of the attached exhibits, which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 3.3 on page 4 of 17 of the AGREEMENT is hereby replaced in its entirety with the following: 3.3 The PARTIES agree that the CITY shall grant the EASEMENT to Forterra. The PARTIES agree that WSDOT shall be assignee to the EASEMENT at such time as all WSDOT CREDITS in the BANK are used, sold, or transferred. CAG-06-163, Adden #1-22 GCA 4894 Amendment No. 1 Page 2 of 4 2. Section 6.3.2 on page 9 of 17 of the AGREEMENT is supplemented by adding the new Sections as follows: 6.3.2.1 The CITY has requested WSDOT to perform the portion of work activities described in Section D, 5 and Section E, 1-4 of the BOC approved LTM WORK PLAN, attached as Exhibit E, and by this reference made part of this AGREEMENT. As part of the work activities, hereinafter referred to as “Work”, WSDOT will prepare a draft LTM Assessment Task Plan for CITY review and approval, one (1) year prior to each LTM Inspection Report submittal date, as described in the LTM WORK PLAN, Exhibit E. The LTM Assessment Task Plan is a summary of planned Work to be performed by WSDOT in the following year. WSDOT will also provide draft LTM Inspection Reports to the CITY for review. The PARTIES agree to work together to finalize the LTM Inspection Reports. The CITY will provide WSDOT final approval of the LTM Inspection Reports in writing, and submit them per the requirements and timelines described in the LTM WORK PLAN, Exhibit E. 6.3.2.2 WSDOT, as agent acting for and on behalf of the CITY, agrees to perform the Work described in Section 6.3.2.1 for the term noted in Section 6.3.2.4. 6.3.2.3 If the CITY requests additions to or changes in the Work, the CITY will provide a written request to WSDOT with the scope and schedule of BANK work activities. WSDOT will review the request and respond in writing to the CITY within fourteen (14) calendar days of receiving the request. This correspondence will be between the PARTIES designated representatives according to Section 9.6 of this AGREEMENT and will not require a written amendment and/or supplement to this AGREEMENT. 6.3.2.4 The Work will commence no earlier than the execution of Amendment No.1 to the AGREEMENT and will be reviewed by the PARTIES annually on the same schedule as BANK management inspections described in the last paragraph of Section D, of the LTM WORK PLAN, Exhibit E. The PARTIES will review the Work and determine if the Work is complete, if they prefer to terminate the request for WSDOT to perform the Work, or continue with the Work as described in Section 6.3.2.1 of this AGREEMENT. The duration of the Work will not exceed the ten (10) year LTM Inspection Report submittal date, as described in Section E of the LTM WORK PLAN, Exhibit E, unless the PARTIES agree to change the Work or extend the duration of this AGREEMENT. Correspondence and decisions of the PARTIES regarding the Work and duration of the Work will be documented in writing by each PARTY’s designated representative, according to Section 9.6 of this AGREEMENT, and will not require a written amendment and/or supplement to this AGREEMENT. 6.3.2.5 The CITY agrees to reimburse WSDOT for the actual direct and indirect costs associated with the Work, as is consistent with Section 7.6 of this AGREEMENT. CAG-06-163, Adden #1-22 GCA 4894 Amendment No. 1 Page 3 of 4 The PARTIES agree to the Work direct and indirect costs as estimated in Exhibit D-1. 3. Section 7.4 on page 10 of 17 of the AGREEMENT is hereby replaced in its entirety with the following: 7.4 While Forterra is grantee of the EASEMENT, the CITY will pay to Forterra all costs associated with Forterra's duties as grantee of the EASEMENT, and WSDOT agrees to reimburse the CITY for half of these costs, until the conditions of Section 13.2 of the EASEMENT, Exhibit C, are met. 4. Section 7.6 on page 10 of 17 of the AGREEMENT is supplemented by adding the new Section as follows: 7.6.1 The CITY, in consideration of faithful performance of the Work performed by WSDOT according to Section 6.3.2 of this AGREEMENT, agrees to reimburse WSDOT for the actual direct and indirect costs associated with the Work. WSDOT will provide invoices to the CITY, and the CITY will make payment to WSDOT within thirty (30) calendar days from receipt of a WSDOT invoice. 5. All references to Exhibit D in the AGREEMENT will be replaced with references to Exhibit D-1. 6. Exhibit D of the AGREEMENT, City of Renton and WSDOT Estimated Bank Project Development Cost Sharing, is hereby replaced in its entirety with Exhibit D-1 of this Amendment No. 1, which adds Work under the heading of LTM Costs. 7. Exhibit E of this Amendment No.1, LTM WORK PLAN, is hereby added to the AGREEMENT. 8. All other terms and conditions of the original AGREEMENT shall remain in full force and effect, except as modified by this Amendment No. 1.  Approved by Cheryl Beyer via 3/4/2022 email 3/4/2022 CAG-06-163, Adden #1-22 GCA 4894 Amendment No. 1 Exhibit D-1 Page 1 of 1 EXHIBIT D-1 CITY OF RENTON AND WSDOT ESTIMATED BANK PROJECT DEVELOPMENT AND LTM COST SHARING THE SPRINGBROOK CREEK HABITAT AND WETLAND MITIGATION BANK FUNDING AGREEMENT TOTAL COST WSDOT PAYS CITY PAYS Development Costs BNSF Drainage Easement* $22,515 $0 $22,515 Sundry Site Plan Task A $23,168 $23,168 $0 Sundry Site Plan Task B $25,650 $25,650 $0 Release Private Property Rights** Conservation Easement Costs (current estimates) $8,250 $8,250 CLC Establishment Expenses *** $22,000 $20,690 $1,310 TOTAL DEVELOPMENT COSTS ESTIMATE **** $101,583 $69,508 $32,075 LTM Costs+ 1. LTM WORK PLAN Work activities performed by WSDOT per Section 7.6.1 – Direct Costs 2. LTM Conservation Easement Costs 3. LTM Shared BOC mandated Work per Section 7.6 – Direct Costs (50/50) WSDOT Indirect Costs (13.23%*****) $59,100 $89,294 $24,000 $7,819 $0 $44,647 $12,000 $0 $59,100 $44,647 $12,000 $7,819 TOTAL LTM COSTS ESTIMATE****** $180,213 $56,647 $123,566 * WSDOT will reimburse the City for any BNSF Drainage Easement costs above $22,515 **The City will be responsible for any Release of Private Property Rights costs above $8,250. ***CLC Establishment Expenses are estimated. If actual costs differ, the City and WSDOT will equally share the difference between the estimated and actual cost. **** The PARTY Development Costs are as estimated above in 2006 and have since been completed. + The WSDOT indirect costs for LTM Costs applies to item 1. The PARTIES agree to be responsible for their own indirect costs for the equally shared items 2. and 3. *****The WSDOT indirect cost rate fluctuates annually, so the percentage provided above is for estimate purposes only, and may increase or decrease during the time WSDOT provides services. ****** The PARTY LTM Costs are as estimated above in 2021 and have been added in this Amendment No. 1 coinciding with entering the LTM phase. City of Renton Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan August 2021 Prepared with contributions from GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 1 of 18 Page 2 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Long-term Management Plan Adoption The enclosed Long-term Management Plan for the Springbrook Creek Wetland and Habitat Mitigation Bank has been officially adopted for use by the City of Renton. This plan has been approved by the Interagency Review Team and will guide the City’s continued management of the Springbrook Creek Wetland and Habitat Mitigation Bank. Martin Pastucha Date Public Works Administrator DocuSign Envelope ID: C6AC74D1-7A36-4202-AA1B-E8B40D56E8EB 8/31/2021 | 12:53 PM PDT GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 2 of 18 Page 3 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan City of Renton Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan The Springbrook Creek Wetland and Habitat Bank (Springbrook Bank) is a partnership between the City of Renton (city) and the Washington State Department of Transportation (WSDOT) developed to provide wetland mitigation credits for anticipated WSDOT I-405 mitigation needs and city mitigation needs. Allocation of costs, credits, rights, and responsibilities between the city and WSDOT in this partnership is established in the GCA 4894 WSDOT/City of Renton Springbrook Creek Wetland and Habitat Mitigation Bank Agreement (CAG-06-163). The Memorandum of Agreement (CAG-06-162) regarding establishment, use, and operation of the Springbrook Bank (Springbrook MOA) requires that the city develop a Long-term Management (LTM) Plan that reflects the guidelines and objectives specified in Section 5.2 of the Springbrook Mitigation Bank Instrument (Springbrook MBI). The LTM Plan requires approval by the Washington State Department of Ecology (Ecology) and the U.S. Army Corps of Engineers (Corps) in consultation with other members of the Interagency Review Team (IRT). Article IV.M of the Springbrook MOA states that The City may only deviate from the approved Plan upon written approval of the Corps and Ecology, following consultation with WSDOT and the IRT. A. Purpose The city will ensure the long-term protection of wetland and buffer areas at the Springbrook Bank by implementing the following LTM strategy in addition to compliance with terms of the Springbrook Conservation Easement (Springbrook CE) established to provide legal protection for the property. The Springbrook CE is attached in Appendix A. B. Background The Springbrook Bank is composed of five units located in the City of Renton, see Figure 1 Vicinity Map from the Springbrook MBI. The bank was developed to provide mitigation credits to be used as regulatory compensation for unavoidable wetland impacts. The bank Service Area is shown in Figure 2 and described in detail in Section 1.3 of the Springbrook MBI. One credit compensates for one acre of Category II wetland. Mitigation types in specific areas of the five units are shown in the Springbrook Mitigation Overview Figure 3. Table 1 shows the acreage by unit and mitigation types as described in Table 2-2 of the Springbrook MBI. To date the Springbrook Bank has achieved 44.72 of the total 45.12 mitigation credit potential. The final performance standard C-2B for Unit C wetland delineation in Re-establishment areas will be evaluated in 2021 to determine if the final 0.4 credits have been achieved. The following mitigation types are described in Section 2.1 of the Springbrook MBI and shown in Figures 3 through 7. The description of the Wetland Enhancement Type II Areas below includes updated information about the surface water easement needed for this planned supplemental hydrology which could not be obtained. Wetland Re-Establishment Areas: Removal of historic fill material facilitated the re-establishment of former wetlands in Units A, B, C, and E. The excavation in Units A, B, and E removed sections of an existing berm to connect re-established wetlands in these units with Springbrook Creek. Native trees, shrubs, and habitat structures (vertical snags, brush piles, and/or large woody debris [LWD]) were installed at Units C and E. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 3 of 18 Page 4 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan These activities restored wetland area, function, and value where it is likely that wetlands historically existed. Wetland Rehabilitation Areas: Improving the hydrologic regime of existing wetlands facilitated the rehabilitation of the wetlands in Units A, B, and C. Reed canarygrass monocultures were mowed and treated with herbicide. Planting hummocks were installed in Units A and B to facilitate tree establishment, and provide additional habitat niches and hydrologic regimes. Biologists concluded that breaching the berms in Units A and B reduced the risk of fish stranding. Native trees, shrubs, and habitat structures were installed in Units A, B, and C to increase species diversity, habitat structure and habitat complexity. Wetland Enhancement Type I Areas: Existing wetlands in Unit C were enhanced by increasing plant and habitat diversity in large areas of invasive non-native vegetation (reed canarygrass and Himalayan blackberry) through a combination of several activities: implementation of aggressive reed canarygrass and blackberry control measures; dense planting of native trees and shrubs; and placement of habitat structures. These activities increased species diversity and habitat structure and complexity. Wetland Enhancement Type II Areas: Supplemental hydrology was planned for the existing seasonally inundated areas in the northern portion of Unit D. The additional water was to be redirected from a stormwater/groundwater management facility (constructed as part of the South 180th Grade Separation Project) at the southern edge of Unit D and then transported via a new conveyance pipe from a treatment pond to the northern end of the unit. This would also move additional water from Unit D to Unit C by addition to the wetland and flow through the ditch that runs north across the Burlington Northern Santa Fe (BNSF) Railroad property to Unit C. To secure approval for this additional flow in the ditch across BNSF property the project needed to secure a surface water easement from BNSF. The BNSF would not grant the surface water easement. Documentation of this effort to secure the surface water easement and the eventual outcome was submitted to the IRT on May 13, 2013. As a consequence of the failure to secure the surface water easement, the conveyance pipe to redirect this water from the stormwater/groundwater management facility to the Northern area of Unit D was installed but valves controlling water flow were never opened. Subsequent beaver activity in the area adjacent to Unit D has raised the water levels in Unit D and the surrounding area. It is expected the area will experience periodic changes in hydrologic conditions as beaver influence the system. Forested Wetland Enhancement Areas: Native coniferous trees were under-planted in the existing forested wetland portions of Units C and D. This required the removal of invasive non-native vegetation from the understory in portions of Springbrook Bank. Under-planting conifers enhanced species and structural diversity in both units. Upland Habitat Enhancement Areas: Removing invasive non-native vegetation, installing habitat structures, under-planting upland deciduous forests with native coniferous trees, and densely planting native woody species enhanced upland habitats in Units C. Riparian Upland Enhancement Areas: Establishing riparian vegetation through a combination of mowing and herbicide treatment of reed canarygrass, selectively removing other invasive non-native vegetation, and planting native trees and shrubs increased riparian functions along Springbrook Creek in Units A, B, and E. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 4 of 18 Page 5 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan This treatment was limited to berms adjacent to Springbrook Creek in Units A, B, and E and uplands adjacent to the wetland re-establishment areas in Unit E. Protection Setback (Buffer): Portions of all units, except Unit D, include a 40-foot-wide perimeter buffer that was planted with native trees and shrubs in both wetlands and uplands. The buffer promotes structural diversity and protects habitat from disturbance from adjacent land uses. The buffer areas do not generate wetland mitigation credits. Trail Zone: A Trail Zone in Unit A includes an 8-foot-wide trail and a 40-foot-wide protection setback area on both sides of the proposed trail. This created a 2.66-acre area (88-foot-wide by 1,365-foot-long) that does not generate mitigation credits (Figure 4 Units A and B Mitigation). To construct the trail, existing vegetation within an 18-foot-wide temporary construction corridor was cleared, the 8-foot-wide trail constructed, and all the areas not occupied by the trail were replanted with native woody vegetation. Areas within the Trail Zone dominated by reed canarygrass were mowed, treated with herbicide, and planted as part of the overall wetland rehabilitation treatment in Unit A. Table 1. Mitigation Treatment Type and Acreage Summary by Unit Acreage Mitigation Treatment Type Unit A Unit B Unit C Unit D Unit E Total Wetland Re-Establishment 0.05 0.12 9.27 --8.35 17.79 Wetland Rehabilitation 19.92 31.16 1.06 ----52.14 Wetland Enhancement – Type I ----4.69 ----4.69 Wetland Enhancement – Type II ------2.63 --2.63 Forested Wetland Enhancement ----23.21 2.01 --25.23 Riparian Upland Enhancement 0.65 1.48 ----4.42 6.55 Upland Habitat Enhancement ----7.80 ----7.80 Protection Setback (Buffer)2.63 3.55 1.64 --2.07 9.89 Trail Zone 2.66 --------2.66 Totals 25.91 36.31 47.67 4.64 14.84 129.37 From Springbrook MBI Table 2-2 C. LTM Requirements The LTM Phase begins at completion of the Establishment Phase and is in effect in perpetuity. Phases of Bank Management are defined in the Springbrook MOA as: Establishment Phase starts at signing of the Springbrook MOA and is completed when all performance standards have been met and all credits have been released in accordance with the terms of the MBI. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 5 of 18 Page 6 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Operational Life of the bank is defined as that period, following the commencement of the Establishment Phase, when either the city or WSDOT has remaining credits in the master ledger that have not been used, sold, or transferred. LTM Phase begins at completion of the Establishment Phase and is in effect in perpetuity. The Springbrook CE states the purpose of the easement is to ‘…assure that the Protected Property will be retained forever in its condition as wetland and other aquatic and riparian habitat of fish, wildlife, and plants, providing the wetland, aquatic and riparian functions and values described in the Baseline Documentation…’. LTM will focus on maintaining hydrology conditions that support the wetland, aquatic and riparian functions developed, including native plant communities and wildlife habitat diversity, and managing weeds as needed to meet the LTM requirements. To meet the requirements and objectives of LTM described in the Springbrook MBI and the Springbrook CE objectives, the city will conduct annual inspections to evaluate site conditions pertaining to each requirement. The LTM requirements described in the Springbrook MBI (Section 5.2) include: 1. Deciduous scrub-shrub and forested areas will remain dominated by native woody species. 2. Native woody vegetation will dominate the reed canarygrass treatment areas in Units A and B, and the wetland re-establishment areas in Units C and E. 3. Weed control activities at the site will meet requirements of all applicable State and local requirements in force at the time. 4. If hydrologic conditions change within the system providing hydrology to the re-establishment area in Unit C, adjustments to the controls may be made. The height of the weir at the outflow of the re- establishment area may be raised or lowered at the outflow of the re-establishment area to retain more or less water at the site as needed to maintain aquatic resources of the site. From construction to the date of this plan, no stop boards have been needed to increase water levels at Unit C. 5. Site management activities include, but are not limited to, weed control, trash removal, vandalism repair, and structure and/or signage repair. 6. All structures and facilities within Springbrook Bank, including fences, the elevated boardwalk, and the stop-log weir, shall be properly maintained in perpetuity or for as long as each is needed to accomplish the goals of Springbrook Bank and achieve the requirements of the Springbrook MBI. Routine management actions performed in the course of site management will be described in annual inspection documentation. Routine management actions include trash removal, sign and structure maintenance, weed control, and minor replanting. During annual inspections, the LTM requirements listed above will be assessed to determine if actions and/or contingency measures are needed to ensure the site remains in compliance with the LTM requirements. If the city believes significant corrective actions or contingency measures are necessary, an adaptive management strategy will be developed in coordination with WSDOT, and submitted for approval to the regulatory agencies that will: a)Assess the probable cause of changes and GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 6 of 18 Page 7 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan b)Propose actions and contingency measures to correct deficiencies. Table 2 outlines some of the actions and contingency measures that might be needed. This is not a comprehensive list and it is expected that site inspection and specific conditions will inform determination of what actions or contingency measures are needed to ensure the site complies with requirements of the LTM Plan. Table 2. LTM Requirements and Contingency Measures LTM Requirements Actions and Contingency Measures 1 Deciduous scrub-shrub and forested areas will remain dominated by native woody species. 2 Native woody vegetation will dominate the reed canarygrass treatment areas in Units A and B, and the wetland re-establishment areas in Units C and E. If established native vegetation communities begin to change to undesirable conditions, then appropriate actions will be determined in an adaptive management strategy that may include such actions as: a) Control of undesirable species and/or b) re-planting of native woody species. 3 Weed control activities at the site will meet requirements of all applicable State and local requirements in force at the time. If Class A or Class B designated Noxious Weeds are identified on site, appropriate weed control actions will be planned and implemented to control or eradicate presence as required by law. 4 Retain hydrologic conditions within the system that provide hydrology to the re-establishment area in Unit C and maintain the aquatic resources of the site. If hydrologic conditions change, the height of the weir at the outflow of the re-establishment area may be raised or lowered to retain more or less water at the site as needed1 5 Site management activities include, but are not limited to, weed control, trash removal, vandalism repair, and structure and/or signage repair. a) If signs are damaged or missing, the city will repair or replace them as needed. b) The city will remove all Illegal dumping, c) The city will restrict access points and/or evict trespassers as needed to protect sites. d) City will repair fencing as needed. e) The city may remove risk trees that endanger public safety and/or public and private property such as leaning or damaged trees. 6 All structures and facilities within Springbrook Bank, including fences, the elevated boardwalk, and the stop- log weir, shall be properly maintained in perpetuity or for as long as each is needed to accomplish the goals of Springbrook Bank and achieve the requirements of the Springbrook MBI. Maintenance of the elevated boardwalk in Unit A will be performed routinely by the city’s Community Services Department Parks and Trails Division, repairing as needed any necessary structures. The city will regularly inspect the stop-log weir in Unit C and repair the weir if necessary. 1 From construction to the date of this plan, no stop boards have been needed to increase water levels at Unit C. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 7 of 18 Page 8 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan D. Annual LTM Inspection Activities and Routine Management Actions The following list identifies annual inspection activities and routine management actions performed during the LTM Phase. Unless otherwise stated, all LTM activities and actions shall be the responsibility of the city’s Public Works Department. 1.Inspect fencing along Oakesdale Avenue SW adjacent to Units C and E, repairing fencing as necessary. 2. Inspect stop-log weir in Unit C and assess if it needs adjustment or repair. Adjust weir if biologist/hydrologist concurs that it is warranted. Repair weir if necessary. 3. Remove all litter within the bank site, especially along unit boundaries. Inspect all access points for unauthorized dumping of refuse. 4. Inspect for unauthorized points of entry and camping. 5. Assess sites for presence of Class A and Class B noxious weeds and others as required by RCW17.10 Noxious Weed law and WAC 16-750 State Noxious Weed List, and use appropriate weed control actions to control or eradicate their presence as required by law. 6.Inspect site for risk trees that endanger public safety or property. Remove risk trees that endanger public safety and/or public and private property such as leaning or damaged trees. Protect trees as needed to prevent tree damage associated with beaver activity that can result in development of a risk tree. 7. Inspection for vandalism and maintenance of the elevated boardwalk in Unit A will be performed routinely by the city’s Community Services Department Parks and Trails Division. Inspection will include boardwalk, benches, interpretive signage and removal of litter in the 88-foot non-credit generating Trail Zone. Trail Zone inspection and maintenance activities will be funded through the Community Services Department annual operating budget. 8. Inspect wetland signs along the site boundaries. If signs are damaged or missing, then the city will repair or replace them as needed. The city will prepare and retain an annual record that documents the inspection results and describes the actions taken during the year to evaluate and manage the condition of the bank units. This documentation will address if significant corrective actions or contingency measures are needed to meet the requirements of LTM. Each year the record of annual site management inspections will be provided electronically to the Grantee of the Springbrook Conservation Easement. E. Inspection Reporting LTM Inspection Reports will be submitted electronically to regulatory agencies signatory to the Springbrook MBI in years 3, 5, 7, 10, 15, 20 and every 10 years thereafter. The City or the approved third-party Steward may submit a written request to the Corps and Ecology requesting a modification to the reporting schedule. Changes to the approved reporting schedule must be approved in writing by the Corps and Ecology, following consultation with the IRT and WSDOT. LTM Inspection Reports will include qualitative assessments of LTM requirements using a combination of on- site field documentation and in-office review of recent aerial imagery. Qualitative assessments of the GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 8 of 18 Page 9 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan following parameters will be conducted and included in LTM Inspection Reports submitted in reporting years: 1. Cover of native woody species in scrub-shrub and forested areas to ensure that native woody species dominate those areas. 2. Cover of native woody vegetation and reed canarygrass will be assessed to ensure that native woody vegetation remains dominant in the reed canarygrass treatment areas in Units A and B, and the wetland re-establishment areas in Units C and E. 3. Presence of Class A and Class B designated Noxious Weeds. 4. Presence of primary and secondary hydrology indicators in wetland areas, and general observations regarding hydrology patterns on the site to ensure retention of hydrologic conditions in the re- establishment area of Unit C. 5. Presence and condition of fencing, signage, trash, vandalism, evidence of trespass, and evaluation of trees that could pose a safety concern. 6.Presence and condition of other necessary structures, such as the elevated boardwalk in Unit A and the stop-log weir in Unit C. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 9 of 18 Page 10 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 1 Vicinity Map from the Springbrook Mitigation Bank MBI Excerpted from Figure 1-1 Project Vicinity, Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 10 of 18 Page 11 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 2 Service Area for Springbrook Mitigation Bank Excerpted from Figure 1-3 Service Area Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 11 of 18 Page 12 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 3 Mitigation Overview for Springbrook Mitigation Bank Excerpted from Figure 2-1 Mitigation Types Overview Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006 GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 12 of 18 Page 13 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 4 Units A and B Mitigation for Springbrook Mitigation Bank Excerpted from Figure 2-2 Units A and B Mitigation Types Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006 GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 13 of 18 Page 14 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 5 Unit C Mitigation for Springbrook Mitigation Bank Excerpted from Figure 2-3 Unit C Mitigation Types Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006 GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 14 of 18 Page 15 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 6 Unit D Mitigation for Springbrook Mitigation Bank Excerpted from Figure 2-4 Unit D Mitigation Types Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006 GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 15 of 18 Page 16 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Figure 7 Unit E Mitigation for Springbrook Mitigation Bank GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 16 of 18 Page 17 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Excerpted from Figure 2-5 Unit E Mitigation Types Springbrook Mitigation Bank Instrument (Springbrook MBI), 2006 F. References Washington State Department of Transportation (WSDOT). 1994 Wetland Compensation Bank Program Memorandum of Agreement. Washington State Department of Transportation (WSDOT). 2006 Memorandum of Agreement Springbrook Creek Wetland and Habitat Mitigation Bank. Washington State Department of Transportation (WSDOT). 2006 Springbrook Creek Wetland and Habitat Mitigation Bank Instrument. GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 17 of 18 Page 18 of 18 Springbrook Creek Wetland and Habitat Mitigation Bank Long-Term Management Plan Appendix A Springbrook Creek Wetland and Habitat Mitigation Bank Conservation Easement GCA 4894/ CAG-06-163, Adden #1-22 Exhibit E Page 18 of 18