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HomeMy WebLinkAboutWWP272109 (2)Min HYDRAULIC PROJECT APPROVAL State of Washington nwanmnio( RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department of Fish and Wildlife FISHwd Region 4 Office II'ILDOE 16018 Mill Creek Boulevard Mill Creek, Washington 98012 DATE OF ISSUE: September 3 2002 LOG NUMBER: ST-E4474-03 At the request of John Hobson on August 23, 2002, this Hydraulic Project Approval (HPA), which now supersedes the previous HPA for this project, is a change of the original HPA issued April 7, 2000 and last modified on March 1, 2002. PERMITTEE City of Renton Planning/Building/Public Works Department ATTENTION: John Hobson, Wastewater Utility 1055 South Grady Way Renton, Washington 98055 425-430-72i9 PROJECT DESCRIPTION: Install Conduit AUTHORIZED AGENT OR CONTRACTOR Not Applicable REcavED SEP - 5 2002 C1 ITV "'v S. S1cMS PROJECT LOCATION: Northeast 201h Street and Jones Avenue Northeast, Renton, Washington # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.LKWA Unnamed Creek Lake Washington g SE OS 23 North OS Last King NOTE: This conduit crosses a small non -fish bearing stream and goes through associated wetlands. PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by September 30, 2003, provided that work below the ordinary high water line (OHWL) shall occur only between June 16 and October 31. 2. Work shall be accomplished per plans and specifications entitled, "HIGHGATE LIFT STATION ELIMINATION", and submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this Hydraulic Project Approval (HPA). This HPA reflectc design criteria per Chapter 220-110 WAC and mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of the approved plans shall be available on site during construction. 3. Conduit alignment shall be as nearly perpendicular to the stream and associated wetlands as possible. 4. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed and associated wetlands is avoided. 5. Trenches shall be backfilled as shown in the approved plans (Provision 2), and the streambed and wetlands shall be returned to preproject or improved conditions. 6. Excess spoils shall be disposed of so they will not re-enter the stream and/or associated wetlands. 7. If the stream is flowing, a temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. Page I of 4 -J o ►. A-rH A AJ Zn (9 - 7&-4-- 3c� —753 — 77C, j I N IGj LIV HYDRAULIC PROJECT APPROVAL state orwashiogtoo d RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Department offish and wildlife FISHmd Region 4 Office WOLN 16018 Mill Creek Boulevard Mill Creek, Washington 98012 DATE OF ISSUE: September 3 2002 LOG NUMBER: S"h-E4474-03 9. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 10. The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 1 I. Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject or improved conditions. 12. Alteration or disturbance of the riparian and wetland vegetation shall be limited to that necessary to construct the project. Within seven calender days of project completion, ail disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the disturbed riparian and wetland areas shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center). Plantings shall be maintained as necessary for three years to ensure 80 percent or greater survival. 13. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and WDFW at (360) 534-8233 and the Washington Department of Ecology at (425) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 14. Erosion control methods shall be used to prevent silt -laden water from entering the stream and/or associated wetlands. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 15. Prior to starting work, temporary filter fabric, straw bale, or pea gravel -filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 16. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow ren oval of fine sediment and other contanlir.ants prior to being discharged to isle streal l and/or associated wetlands. 17. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream and/or associated wetlands. SEPA: MDNS by City of Renton final on March 27, 2000. APPLICATION ACCEPTED: September 3, 2002 ENFORCEMENT OFFICER: Boone 030 [P3] Page 2 of 4 HYDRAULIC PROJECT APPROVAL state of Washington Depwtunt of RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Dcna+rtnuent of Fish and wildlife FISH and Region 4 Office WOLN 16018 Mill Creek Boulevard Nfill Creek, Washington 98012 DATE OF ISSUE: September 3 2002 LOG NUMBER: ST-E4474-03 Larry Fisher (425) 649-7042 �� Area Habitat Biologist for Director WDFW GENERAL PROVISIONS This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 77.55). Additional authorization from other public agencies Iilay be necessary for this project. Compliance with this HPA does not ensure compliance with the federal Endangered Species Act or anv other local, state or, federal laws. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or Fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 77.55.100 or 77.55.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.130. APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-1 10-340) OF DEPARTMENT ACTIONS "TAKEN PURSUANT TO RCW 77.55.100, 77.55.103, 77.55.106, AND 77.55.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of': (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; of- (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia; Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a I -IPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington or RCW 77.55.100 - appeal pursuant to Chapter 34.05 RCW Depa �toleot of Fi,h an(l Wildlife FISEOa Region 4 Office WOL 16018 Mill Creek Boulevard jlill Creek. Washington 98012 DATE OF ISSUE: September 3 2002 LOG NUMBER: ST-E4474-03 B. FORMAL APPEALS (WAC 220-1 10-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a I -IPA; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the .Administrative Procedure Act. Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appea!, the deadline fur requesting a ,rmal appeal shali be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.103 or 77.55.160: A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE: FINAL AND UNAPPEALABLE. Page 4 of 4 „R CITY OF RENTON 9Planning/Building/PublicWorks Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator August 23, 2002 Larry Fisher Washington State Department of Fish and Wildlife Region 4 Office 16018 Mill Creek Blvd. Mill Creek, WA 98012 SUBJECT: MGATE LIFT STATION ELIMINATION PROJECT HPA LOG NO.00-E4474-02: REQUEST FOR OHWL WORKING WINDOW EXTENSION Dear Larry: Your office issued a Hydraulic Project Approval for.the above referenced project on March 1, 2002. The timing limitations for this permit required that the work for the project be completed by September 30, 2003, and the work in the ordinary high water line shall occur only between June 16 and September 30. The City of Renton contracted with a consulting firm specializing in environmental work to review the construction plans and specifications to ensure that they complied with all regulatory agency permits. Due to the delay in receiving their comments, the City's construction bid opening is scheduled for September 3, 2002. It normally takes approximately two weeks after the bid opening to award the bid and begin construction. This will leave approximately 1 1 working days prior to the September 30 OHWL work cut-off date. The City of Renton is therefore requesting an extension of the OHWL working window until October 31, 2002, if possible. Please call me at 425-430-7279 if you have any questions. Thank you. Sine ely, J n Hobson Wastewater Utility HAFile Sys\WWP - WasteWater\WWP-27-2109 Higate Lift Station Elimination\fisheries.doc\JDHtb 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer REN'TON AHEAD OF THE CURVE Page 1 1 ti�Y ��� CITY OF RENTON ♦ '' t 1055 S. GRADY WAY �0 RENTON, WA 98055 VENDOR: 001052 ADOLFSON ASSOCIATES INC 5309 SHILSHOLE AVE NW #200 SEATTLE, WA 98107-5318 FOB Point: Terms: net term Req. Del. Date: Special Inst: DATE H I PO NUMBER j 1 18/0000097 SHIP TO: , PY Req. No.: Dept.: PLNG/BLDG/PUB WKS UTILITY SYS Contact: FERKINGSTAD, LINDA Pre -Assigned PO#?: No Quantity Unit Description Unit Price Ex.,,Price Contract review, Inv. 638.19 0.2002090.0-0000001,,, 8/26/02 I F BILL TO Account Number E 421.000400.018.5960.0035.65.045000 51 on i SUBTOTAL TAX FREIGHT TOTAL W. t 638.19 Amount 638.19 RECEIVED AUG 2 8 2002 CITY OF RENTON �N UTILITY b , ., -i'ch9S ti A O O L F• �o CITY OF RENTON August 26, 2002 ATTN: JOHN HOBSON Invoice No: 0.2002090.0-0000001 1055 S. GRADY WAY RENTON WA 98055 Project: 0.2002090.0 RENTON CONTRACT REVIEW Professional services from August 08, 2002 to August 22, 2002 Task: 00001 BASE TASK Professional Personnel Hours Rate Amount Frostholm, D. 3.75 24.00 90.00 Root, A. 1.75 28.00 49.00 Strayer, N. 2.50 26.00 65.00 Totals 8.00 204.00 179.32% Overhead 204.00 365.81 Direct Labor 12% Fee 569.81 68.38 638.19 Total this task $638.19 Total this invoice $638.19 Oil ... 04-srev 1N - 0, --bV4-515'0 Net 30 days. 1 % interest per month on past due accounts. ADOLFSON ASSOCIATES, INC. 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 Phone (206) 789-9658 Fax (206) 789-9684 MEMORANDUM RECEIVED AUG 2 8 2002 DATE: August 27, 2002 CITY OF RENTON i ITILITY SYSTEMS TO: John Hobson City of Renton, Utility Systems Division FROM: Ann Root RE: Higate Lift Station Project Invoice A D O L r f O M Erwirornrwracd &Soon - Attached is our invoice for the work we did on the Higate Lift Station project. We understand that you want the billing handled as a one-time purchase order. Let me know if this invoice is appropriate for that. will be on vacation from August 28 through September 9. If you have any billing questions in my absence, contact Susan Phillips. A D O L F S O N Susan Phillips 13-/_(1 A&�ninktraror Environmental Soiurrons ADOLFSON ASSOCIATES, INC. 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 7W 206 789 9658 I.K 206 789 9684 sy�ii tli yr�adoi%mn(Dm ADOLFSON ASSOCIATES, INC. 5309 Shilshole Avenue NW, Suite 200 Seattle, WA 98107 Tel 206 789 9658 www.ado(Ison.com Fax 206 789 9684 .�, CITY OF RENTON ..tr, Planning/Building/PublicWorks Department J e Tanner. Manor Gregg Zimmerman P.E., Administrator February 22, 2002 Larry Fisher Washington State Department of Fish and Wildlife Region 4 Office 16018 Mill Creek Blvd. Mill Creek, WA 98012 SUBJECT: HIGATE LIFT STATION ELIMINATION PROJECT Dear Larry: Your office issued a Hydraulic Project Approval for the above referenced project on April 7, 2000. The timing limitations for this permit required that the work for the project begin no earlier than June 16, 2000, and shall be completed by July 1, 2001. The Army Corp of Engineer's permit was issued on October 25, 2001, and the Washington State Department of Ecology's approval was issued on November 16, 2001, (copies included). Due to the long process of obtaining these permits, the City of Renton was unable to construct the project within the HPA's time window. In order to construct the project this year, the City of Renton is requesting a time extension or issuance of a new HPA. If you have any questions or require further information, please call me at 425-430-7279. Thank you. Sin rely, J n obson Wastewater Utility H:\DIVISION. S\UTI LI TI E. S\DOCS\2002\2002-10 l .docV DI-1\tb 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer RENTON AHEAD OF THE CURVE HYDRAULIC PROJECT APPROVAL State of Washington 0 RCW 7%.55.100 Department of Fish and Wildlife Region 4 Office FISH + ••� 1 16018 Mill Creek Boulevard MIX� Mill Creek, Washington 98012 DATE OF ISSUE: March I, 2002 MAR - 4 2302 LOG NUMBER: 00-E4474-02 CITY OF RENTON UTILITY SYSTEMS At the request of John Hobson on February 22, 2002, this Hydraulic Project Approval (HPA), which now supersedes the previous HPA for this project, is a renewal of the original HPA issued April 7, 2000. PERMITTEE City of Renton Planning/Building/Public Works Department ATTENTION: John Hobson, Wastewater Utility 1055 South Grad-. tip'!, Renton, Washington 98055 425-430-7279 PROJECT DESCRIPTION: Install Conduit AUTHORIZED AGENT OR CONTRACTOR Not Applicable PROJECT LOCATION: Northeast 201h Street and Jones Avenue Northeast, Renton, Washington # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY I 08.1-KN'A Unnamed Creek I.ake Washington SE 05 23 North 05 East King NOTE: This conduit crosses a small non -fish bearing stream and goes through associated wetlands. PROVISIONS 1. TIMING LIMITATIONS: The project may begin immediately and shall be completed by September 30, 2003. provided that work below the ordinary high water line (OHWL) shall occur only between June 16 and September 30. 2. Work shall be accomplished per plans and specifications entitled, "HIGHGATE LIFT STATION ELIMINATION", and submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this Hydraulic Project Ar roval rHPA). This HPA reflecte desigv criteria per ChaPte-110-d 10 WAC and mitign.tion Procedtirec to significantly reduce or eliminate impacts to fish resources. A copy of the approved plans shall be available on site during construction. 3. Conduit alignment shall be as nearly perpendicular to the stream and associated wetlands as possible. 4. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed and associated wetlands is avoided. 5. Trenches shall be backfilled as shown in the approved p!ans (Provision 2), and the streambed and wetlands shall be returned to preproject or improved conditions. 6. Excess spoils shall be disposed of so they will not re-enter tho stream andlor associated wetlands. 7. If the stream is flowing, a temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. Page I of 4 HYDRAULIC PROJECT APPROVAL state of Washington �� RCS 77 55 n� Department of Fish and Wildlife Region 4 office FISH ,d 16018 Mill Creek Boulevard Mill Creek, Washington 98012 DATE OF ISSUE: March 12002 LOG 1Nl1MBEl2� 0-E-1474-02 A sandbag revetnent or similar device shall be installed ai the bypass iniet to divert the entire flow through the bypass. 9. Asandbag revetment or similar device shall be instaIIeclat the downstream end of the bypass to prevent backwater from entering the work area. 10. The bypass shall be of sufficient size to pass all flows and debris for the,duration of the project. 1 I. upon completion of the project, all rna.terial used in The temporary bypass shall be removed from the site and the site r:,turnc-rl to.pre;,r^ e t or impr,)ved colidit;ons. 12. Alteration or disturbance of the riparian and wetland vegetation shall be limited to that necessary to construct the project. Within seven calender days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the disturbed riparian and wetland areas shall be revegetated with native or other approved woody species. Vegetative cuttin-s shall be planted at a maxinnun interval of three fezt (on cznter). Plantings shall be maintained as necessary -ti)r three years to ensure 80 percent or greater survival. jtl 13. If at any time, as a result of project activities, fish are observed in (1isn-ess. a fish krill :,ccurs. or water clua.lily problems develop (including equipment leaks or spills ), operrttions shall cease and W]_)F\A% at,(360) 5:34-82233 and.th(,t YL;)a Washington Department of Ecology at (425) 649-"7001) shall be contacted 1mrncdiat-Iy. Work shall'not resume until ftn'ther approval is given by AVI)FW. ' 14. Erosion control methods shall be used to prevent silt -laden water from entering the stream and/or associated •. wetlands. These may include, but are not limited to, straw bales, filter fabric; temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 15. Prior to starting work, temporary filter fabric, straw bale, or pea gravel -filled burlap bag check dana(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check darn(s) after completion of work. 16. Wastewater from project activities and water removed :from within. the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contaminants prior.to being discharged to the stream and/or associated wetlands. 17. All waste material such as construction debris, silt, excess dirt or overburden resulting fi'om this project shall be deposited above the limits of flood wager in an approved upland disposal site. IS. If high flow conditions that may cause siltation al-e ea,countered do -ring this project, wort: shall stop Lentil the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products; hydraulic: fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream and/or associated wetlands. SEPA: MDNS by City of Renton final on March 27, 2000. Page 2 of 4 t WaAmewn HYDRAULIC PROJECT APPROVAL state of Washington De d RCW 77.55.100 Department of Fish and Wildlife Region 4 Office FJ'Haad 16018 Mill Creek Boulevard UM Mill Creek, Washington 98012 DATE OF ISSUE: March 1, 2002 LOG NUMBER: 00-E4474-02 APPLICATION ACCEPTED: March 1, 2002 ENFORCEMENT OFFICER: Peck 024 [P3] Larry Fisher (425) 649-7042 for Director Area Habitat Biologist WDFW GENERAL PROVISIONS This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 77.55). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 77.55.100 or 77.55.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 77.55.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 77.55.130. p F. C' F A. T ina • Ai =1.•-... .'�• PC. ti LS - v.�: i�c_Z`tL a(V i'��^.. Ve ii TtOi t IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-1 10-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100, 77.55.103, 77.55.106, AND 77.55.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or (B) An order imposing civil penalties. ., It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington n >k RCW 77.55.100 Department of Fish and Wildlife FISH=d Region 4 Office 16018 Mill Creek Boulevard WOUR Mill Creek, Washington 98012 DATE OF ISSUE: March 1, 2002 LOG NUMBER: 00-E4474-02 B. FORMAL APPEALS (WAC 220-1 10-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.100 OR 77.55.106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties; or (C) Any other"agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a fonnai appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.103 or 77.55.160: A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 �• E CITY OF RNTON �.:. „LL PlanningBuilding/PublicWorks Department 1 e Tanner, Mayor Gregg Zimmerman P.E., Administrator July 16, 2002 Lloyd Skinner, AICP Adolfson Associates, Inc. 5309 Shilshole Ave. NW, Ste. 200 Seattle, WA 98107 SUBJECT: REVIEW OF HIGATE LIFT STATION ELIMINATION PROJECT PLANS Dear Lloyd: Per our telephone conversation on July 10, I have enclosed a copy of the project plans and specifications for your review and comments pertaining to the included regulatory agency permits. The permits are located in the back of the specification book. I have also included a copy of the Biological Assessment that your firm did for this project in September 2000. We would prefer to handle the billing for the work with a one-time purchase order. If you have any questions, please call me at 425-430-7279. Thank you. Si cerely, Jo Hobson Wastewater Utility HAF1LE.SYS\WWP - WasteWater\WWP-27-2109 Higate Lift Station Elimination\adolphson.doc\JDH\tb 1055 South Grady Way - Renton, Washington 98055 R E N T O N This paper contains 50 % recycled material, 30 % post consumer AHEAD OF THE CURVE W i Vl t 'lTfo �Tnr�.S oc P�'4 • • Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 City of Renton ATTN: Mr. John Hobson 1055 South Grady Way, 51h Floor Renton, Washington 98055 Gentlemen: 0 Of Z 5 2001 RECEIV ED cc, 292001 CUT IDY R SNTO Reference: 2000-4-00377 Renton, City of This letter is in response to your application requesting Department of the Army authorization to trench and bury a sewer pipe in wetlands and Higate Creek at Renton, Washington. The regulations which govern our permit program contain a series of Nationwide Permits (NWPs). Each NWP authorizes a specific category of work, provided certain conditions are met. The NWP 12 (Federal Register, December 13, 1996, Vol. 61, No. 241 and/or March 9, 2000, Vol. 65, No. 47) authorizes "Utility Line Activities." The entire text of NWP 12 including its specific regional conditions is enclosed. The NWP 12 authorizes the above -described proposed project. The work must be performed as depicted on the enclosed drawings and in accordance with the enclosed general conditions and the special condition listed below in order to remain authorized by the nationwide permit. Endangered Species Act Compliance: I have completed the necessary coordination under Section 7 of the Endangered Species Act (ESA). I have added the following special condition to your permit: You must implement the Endangered Species Act (ESA) requirements and/or agreements set forth in the Higate Lift Station Elimination and Gravity Sewer Main Installation, dated September 2000, in its entirety. The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of "may affect, not likely to adversely affect" based on this document on July 25, 2001 (USFWS Reference Number 1-3-01-1-0749). The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on c-C-F U-�-f �� -- 700/�' -2— this document on October 3, 2001 (NMFS Reference Number WSB-01-030). Both agencies will be informed of this permit issuance and will enforce any known violations of the commitments made in this document pursuant to the ESA. The State of Washington has partially denied 401 Water Quality Certification (WQC) and Coastal Zone Management (CZM) Consistency Response under certain conditions. You need to check with the Washington State Department of Ecology (State) to determine any further 401 WQC and CZM requirements. Please telephone or send your plans to the following address prior to starting work: Washington State Department of Ecology Northwest Regional Office 3190 — 160th Avenue Southeast Bellevue, Washington 98008-5452 Telephone (425) 649-7145 You must send us a copy of the individual 401 WQC and CZM Consistency . Response authorizations for our file. In order for this NWP to be valid, you must comply with any conditions the State includes in their 401 WQC and CZM Consistency Response. You may then proceed to construction. If more than 180 days pass and the State has not responded to your individual 401 WQC and CZM Consistency Response request, the 401 WQC and CZM Consistency Response become waived. To confirm this, you must send us a copy of only your 401 WQC application and then receive a letter from the U.S. Army Corps of Engineers before proceeding with your proposed work. This NWP verification will be valid for 2 years from the date of this letter or unless the NWPs are modified, reissued, or revoked. If the authorized work has not been completed by that date, you should contact us to find out what permit requirements are then in effect. If the project meets all the conditions, you will need no further authorization from us for the above -described project. You must still comply.with other Federal, State, and -3— local requirements which may pertain to the project. When you have finished the work, please fill out and return the enclosed compliance statement. If you have any questions, please contact me at telephone (206) 764-6910. Sincerely, Jonathan Smith, Project Manager Application Review Section Enclosures ' NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 12. Utility Line Activities. Activities required for the construction, maintenance, and repair of utility lines and associated facilities in waters of the United States as follows: (i) Utility lines: The construction, maintenance, or repair of utility lines, including outfall and intake structures and the associated excavation, backfill, or bedding for the utility lines, in all waters of the United States, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, .and radio and television communication (see Note 1, below). Material resulting from trench excavationmay be temporarily sidecast (up to three months) into waters of'the United States, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The District Engineer may extend the period of temporary side casting not to exceed a.total of 180 days, where appropriate. In wetlands, the top 6" to 12" of the trench should normally be backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). For example, utility line trenches can be backfilled with clay blocks to ensure that the trench does not drain the waters of the United States through which the utility line is installed. Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. (ii) Utility line substations: The construction, maintenance, or expansion of a substation facility associated with a power line or utility line in non - tidal waters of the United States, excluding non -tidal wetlands adjacent to tidal waters, provided the activity does not result in the loss of greater than Y2 acre of non -tidal waters of the United States. (iii) Foundations for.overhead utility line towers, poles, and anchors: The construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are. the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. (iv) Access roads: The construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non -tidal waters of the United States, excluding non -tidal wetlands adjacent to tidal waters, provided the discharge does not cause the loss of greater than Y2 acre of non -tidal NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 waters of the United States. Access roads shall be the minimum width, necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes the adverse effects on waters of the United States and as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above preconstruction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. The term "utility line" does not include activities which drain a water of the United States, such as drainage the or french drains; however, it does apply to pipes conveying drainage from another area. For the purposes of this NWP, the loss of waters of the United States includes -the filled area plus waters of the United States that are adversely affected by flooding, excavation, or drainage as a result of the project. Activities authorized by paragraphs (i) through (iv) may not exceed a total of/2 acre loss of waters of the United States. Waters of the United States temporarily affected by filling, flooding, excavation, or drainage, where.the project area is restored to preconstruction contours and elevations, are not included in the calculation of permanent loss of waters of the United States. This includes temporary construction mats (e.g., timber, steel, geotextile) used during construction and removed upon completion of the work. Where certain functions and values of waters of the United States are permanently adversely affected, such as the conversion of a forested wetland to a herbaceous wetland in the permanently maintained utility line right-of-way, mitigation will be required to reduce the adverse effects of the project to the minimal level. Mechanized landclearing necessary for the construction, maintenance, or repair of utility lines and the construction, maintenance, and expansion of utility line substations, foundations for overhead utility lines, and access roads is authorized, provided the cleared area is kept to the minimum necessary and preconstruction contours are maintained as near as possible. The area of waters of the United States that is filled, excavated, or flooded must be limited to the minimum necessary to construct the utility line, substations, foundations, and access roads. Excess material must be removed to upland areas immediately upon completion of construction. This NWP may authorize utility lines in or affecting navigable waters of the United States, even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322). Notification: The permittee must notify the District Engineer in accordance with General Condition 13, if any of the following criteria are. met: (a) Mechanized land clearing in a forested wetland for the utility line right- of-way; 6 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 (b) A Section 10 permit is required; (c) The utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (d) The utility line is placed within a jurisdictional area (i.e., a water of the United States), and it runs parallel to a stream bed that is within that jurisdictional area; (e) Discharges associated with the construction of utility line substations that result in the loss of greater than 1/10-acre of waters of the United States; (f) Permanent access roads constructed above grade in waters of the' United States for a distance of more than 500 feet; or . (g) Permanent access roads constructed in waters of the United States with impervious materials. (Sections 10 and 404) NOTE 1: Overhead utility lines constructed over Section 10 waters and utility lines that are routed in or under Section 10 waters without a discharge of dredged or fill material require a Section 10 permit; except for pipes or pipelines used to transport gaseous, liquid, liquefiable, or slurry substances over navigable waters of the United States, which are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material associated with such pipelines will require a Corps permit under Section 404. NOTE 2: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work and the area restored to preconstruction contours, elevations, and wetland conditions. Temporary access roads for construction may be authorized by NWP 33. NOTE 3: Where the proposed utility line is constructed or installed in navigable waters of the United States (i.e., Section 10 waters), copies of the PCN and NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration, National Ocean Service, for charting the utility line to protect navigation. 3 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 Regional Conditions for all of NWP 12 —The permittee must avoid and minimize discharges into waters of the United States at the project site to the maximum extent practicable, and the "Notification" must include a written justification to the District Engineer detailing compliance with this condition, i.e., why the discharge must occur icy waters of the. United States and why avoidance or additional minimization cannot be achieved. Regional Conditions for NWP 12(i) — In addition to being restricted from use in tidal waters of the United States (defined in 33 CFR Part 328.4(b)), this NWP is not authorized for use in the non -tidal waters of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas: a) Playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system. These systems are defined in the Definition section of this SPN. 2. When trenching through wetlands, the approximate upper 12 inches of topsoil shall be removed and stockpiled separately from subsurface soils. Alternatively, topsoil can be imported to comply with this condition. Care shall be taken to avoid compaction when stockpiling hydric soils. Once the utility line has been installed, and armored as necessary, subsurface soils shall first be placed in the trench as backfill, followed by the topsoil as the final layer to restore the site to preconstruction contours. No more than 10 percent of the subsurface soils may be mixed in with the topsoil. Regional Conditions for NWP 12(ii) — In addition to being restricted from use in tidal waters of the United States (defined in 33 CFR Part 328.4(b)), this NWP is not authorized for use in the non -tidal waters of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas. 4 NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 a) Wetlands adjacent to lower perennial riverine systems (See Note below); or b) Coastal dunal wetland systems along the coast of Washington except for within the city of Long Beach provided the project is consistent with the approved "City of Long Beach Dune Management Report", or c) Lakes, playa lakes, prairie potholes, vernal pools, kettles, . and camas prairie wetlands or within 100 feet of any such system; or d) In "Protected High -Functioning Wetlands" as identified in the Skagit WIN Phase Ill: Wetland Management Plan for the Port of Skagit County dated 1 August 1997. Note: Adjacent is as defined in 33 CFR Part 328.3(c). In the * . riverine systems, a line is drawn perpendicular to the river at the break between lower and upper perennial river systems. This NWP can be used in those wetlands upstream of this line only. These systems are defined in the Definition section of this SPN. 2. The permittee must notify the District Engineer in accordance with General Condition 13 for mechanized landclearing in a forested wetland for the construction of a substation(s). Regional Conditions for NWP 12(iii) - In addition to being restricted from use in tidal waters of the United States (defined in 33 CFR Part 328.4(b)), this NWP is not authorized for use in the non -tidal waters. of the United States listed below. An individual permit application must be submitted for any proposed work in these designated areas: a) Wetlands adjacent to lower perennial riverine systems (see Note below); or b) Coastal dunal wetland systems along the coast of Washington except for within the city of Long Beach provided the project is consistent with the approved "City of Long Beach Dune Management Report",- or c) Playa lakes, prairie potholes, vernal pools, kettles, and camas prairie wetlands or. within 100 feet of any such system; or d) In "Protected High -Functioning Wetlands" as identified in the Skagit WIN Phase lll: Wetland Management Plan for the Port of Skagit County dated 1 August 1997. NOTE: Adjacent is as defined in 33 CFR Part 328.3(c). In the riverine systems, a line is drawn perpendicular to the river at the break between lower and upper perennial river systems. This NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 NWP can be used in those wetlands upstream of this line only. These systems are defined in the Definition section of this SPN. Regional Conditions for NWP 12(iv) — 1. In addition to being restricted from use in tidal waters of the United States (defined in 33 CFR Part 328.4(b)), this NWP is not authorized for use in the non -tidal waters of the United States listed below. An -individual permit application must be submitted for any proposed work in these designated areas: a) Wetlands adjacent to lower perennial riverine systems (see Note below),- or b) Coastal dunal wetland systems along the coast of Washington except for within the city of Long Beach provided the project is consistent with the approved "City of Long Beach Dune Management Report or c) Lakes, playa lakes, prairie potholes,. vernal pools, kettles, and camas prairie wetlands or within 100 feet of any such system; or d) In "Protected High -Functioning Wetlands" as identified in the Skagit WIN Phase lll: Wetland Management Plan for the Port of Skagit County dated 1 August 1997. NOTE: Adjacent is as defined in 33 CFR Part 328.3(c). In the riverine systems, a line is drawn perpendicular to the river at the break between lower and upper perennial river systems. This NWP can be used in those wetlands upstream of this line only. These systems are defined in the Definition section of this SPN. 2. For the construction of access roads, the permittee must notify the District Engineer in accordance with General Condition 13 if any of the following criteria are met: (a) the loss of greater than 1110rh of an acre; (b) footprints wider than 12 feet; (c) mechanized land clearing in a forested wetland EPA 401 Certification —Partially denied without prejudice. An individual 401 Certification is required for projects or activities authorized under this NWP if required by any EPA Regional General 401 Conditions and for projects or activities that will affect the following: 1. Any linear wetland impact area more than 40 feet wide (impacts due to trenching, construction, staging areas, etc.). R NATIONWIDE PERMIT/CORPS SEATTLE DISTRICT/7 JUNE 2000 2. Any excavation or dredging activities affecting open water areas (e.g., trenching across streams). 3. Any project or activity that will replace wetland areas with more than 1/10 of an acre of new or additional permanent impervious surfaces (e.g., concrete, gravel, asphalt, etc). Puyallup Tribe and Chehalis Tribe 401 Certification — Denied without prejudice. An individual 401 Certification is required for all Section 404 activities. State 401 Certification — Partially denied without prejudice. An individual 401 Certification is required for projects or activities authorized under this NWP if required by any State Regional General 401 Condition and for projects or activities that will affect the following: Any one wetland impact area more than 40 feet wide (impacts due to trenching, construction, staging areas, etc.) 2. Any excavation or dredging activities affecting open water areas (e.g., trenching across streams). 3. Any project or activity that will replace wetland areas with more than 1/10th of an acre of new or additional permanent impervious surfaces (e.g., concrete, gravel, asphalt, etc). CZM Consistency Response —Partially denied without prejudice. An individual CZM Consistency Response must be obtained for projects that the Seattle District has not yet determined are in compliance with ESA, or that require individual 401 Certification, and that are located within counties in the coastal zone. Consistency with CZM cannot be determined until any necessary consultation or concurrence required under ESA is completed. The State's CZM review will start upon completion of ESA requirements. 7 f3.111 '1 1H A F� HIGATE LIFT STATION ELIMINATION VICINITY MAP . '),000 - Y-bb !; 17 [`/`A 1 C 1 "-7M, 50' YkILAND PUFFER 80 40 0 180 160 g�e �.� -�.t - l -'�.� � ' i�t4g.l "7= M Easeme' n t Sewer Construction U ........ . . .. ................ ..... .......... CL � .. ....... ........ .... L -.7 - ... ISRI ID K �Kn% w ea H, WETLAND IW 0 _7 =- C-zz3k'­-­ ......... ........... . .......... Om -4nwo­� -low -VOID, 40 kA -1-631 Higate Creek CL a. WETLAND CL AN *Y%Y SL-Ocr wm/- 430 E N T R A N C O Blueberry Farm o A w i' 1 Pond I 1k N ON - WLILA ND .r a► I ( ( m 23 WEILAPO W.A FIRM FOR UIVXE FAWILV "AM 91C Single -Family, Residence s Legend 0' Wetland Buffer a SP-1 soil Pit C C-4 W AA1-1 Wetland Flag Jones Avenue HE --w Delineated Wetland Boundary N Approximate Wetland Boundary -A I 50' Buffer Zone Figure 5 Wetland Delineation Map NO TE: ALIGNMENT NOT CENTERED E NE 28TH ST SOUTH 112 SECTION 5 TWP 23N R 5E CASEMENT TO FACILITATE CONNECTION 70 E%IST'NG MANHOLE. ` MANHOLE p1 SHALL BE PLACED I:4 CENTER OF EASEMENT AS SHOWN. - THE NEW 8 SANITARY SEWER FROM THE EXISTING w /I MANHOLE IN JONES AVE NE TO NEW MH N1 MAY zO N 1 SKEW SLIGHTLY ACROSS THE 15' WIDE UTILITY nl 1 EASEMENT BASED UPON THE ACTUAL FIELD LOCATION /I V / > OF THE EXISTING MANHOLE. ESTABLISH A STRAIGHT I m Q, ALIGNMENT TO MEET MH #1 WHICH SHALL BE /O o / 2 / CENTERED IN THE 15'-WIDE UTILI:.Y EASEMENT. 2 N '—' TRACT 294 e / ' Lys TAX LOT M02 C w E 5 CL m IE 244.52 INSTALL �C / TRACT 283-�' © ¢ INSTALL CDF N Q / TAX LOT 3162 u CDF IE 2<3.77 :e o TRENCH PLUG n o o TRENCH PLUG I (n PROVIDE 15 LF 12' SD O z W UNDER NEW GRAVEL ACCESS � 1 I 11 p It 2a3.7� Z I ROAD. �_ / I c_� I I 36' CEDAR Q �/o EXISTING 15' WIDE UTILITY u o ow I I I I I �^ O EASEMENT AF a j / 0 12" DECID _ GR.OR '"- I N I I BOREHOLE / I ��'�J (f�-�j I 1 CUT AND PATCH EXIST ;I I.0 I I BH-25 / FURNISH AND INSTALL BOREHOLE DECID ^JJJ��� %m LJ \ J W / 0 7.5 N 18950 PAVEMENT rl I .- i �-- _- �J 35LF l8" STEEL CASING BH-2 TREES I ', ! 24" DECIO E 1303982 35 \ CONNECT TO EXISTING MH A\ ECHANNEL IE 237.00 REPLACE EXISTING 8" PVC STUB 270..- 260. . . 250 240 z 0 N w ' -"'� —•-- ` - - ~ -- _ _ _ _ --- u 5+00 BOREHOLE r- 0 24" DECID. 3+00 ( H00 �• ______ • BH-1 NB -- '------ `----'+------- s --------- ----- ------ -- -12 5"-8_-----NEW MANHOL g 374 LF PVC 1 ______ __TREES DECID. 15' PERMANE17 REMOVEEASEMENT5-0 ------ ------'--a"'-'A --- ______________________________________________________ INSTA24 DEGi D. 30" ALDER \ NEW 6' HIGH CHAIN LINK REMOVE TREES FENCE GATE - 14' WIDE CDF 30' TEMPORARY �4+0 c l TRENCH PLUG \ CONSTRUCTION e0f, RE1oN2�E FENCE POST ' II SEE CITY OF RE N TON +� - EASEMENT 'cFq 0 1 STANDARD PLAN B1003 I / C o 3- 30" C3 \ \ I z I 4a 7 I I DECID. �✓ LOT 2 } OLD TRACT 1 WETLAND BOUNDARY-­—_POHL SHORT PLAT II 293 OLD TRACT 284 MATCH LINE STA 5+60 SEE SHEET 3 N 89-19'41'E 610.06' NE 20TH ST z w w Z o � Z ' <c PLAN SCALE 1" = 20' 409 LF 8" C900 PVC TAX LOT 3201 HOUSE #1828 N i W o + <n LJ -......--� ........:.........:. ... a a r 3in :-- -.. .260. O + - CASING 0 0.83 R - - - 230 1+00 2+00 3+00 4+00 PROFILE _ NOTE: SCALE 1" 20' H NEW 8" PVC SHALL BE INSTALLED THROUGH 1. = 10' V NEW 14 STEEL CASING. DRAFT 5+00 CITY CF RENTON BENCH MARK RR SPIKE ON SE FACE OF POWER POLE 8' UP. SW INTERSECTION NE 20TH ST AND JONES AVE NE. EL. 277.09 - cc; �-�7 0 SOUTH 112 SECTION 5 TWP 23N R 5E mla N TAX LOT 1828 c ' HOUSE #3201 EXISTING 15' WIDE a INGRESSAGRESS y EASEMe T B���Y 40L.�O / G R A S S R A S S // THIS EXISTING DITCH OR SWALE N / RESTORE DISTURBED SWALE WITH IS APPRO%. 8" TO t' WIDE / HYDROSEEDIN LIJ C. INSTALL HAYBAIL 5 2t" /�FPIt I OR DAMS AT 15' INTERVALS e y / INSTALL CDF 2 C s Lf)` o ( a V� TRENCH PLUG O NW REMI F,N I I / INSTALL FEN%['/ POST 36":DECiD I I COF o O 12" FIR q TRENCH PLUG I Tp I , O REMOVE FENCE POST ------ / ---- Fir— Q - N DEC ,YED l+00 wBAR_________________________ Z I / BOREHOLE) REMOVE REMOVE I 20" -DECID. W J BH-3 FENCE POST 15' PERMANENT FENCE POST 1I = EASEMENT BH-4 �'-9 o BOREHOLE _______________________________________________________________________________________________________________________ FF--- g E R R I E 5 INSTALL HA YBAIL � Q CO TEMPORARY CHECK DAM Ir W EASEMENT CONSTRUCTION CONTRACTOR SHALL RESTORE DRAINAGE SWALE$ 5 o / DEPTH, GRADE, AND ALIGNMENT TO THEIR RESrECTIVE 5 HYDROSEED ALL AREAS POHL SHORT PLAT NOTE: PRECONSTRUC➢ON CONDtT10N. THIS WORK SHALL DISTURBED BY CONSTRUCTION LOT 2 CONTRACTOR SHALL REMOVE AND BE INCIDENTAL TO SEWER MAIN CONSTRUCTION. i DISPOSE OF DECAYED BARN. THIS / WORK SHALL BE INCIDENTAL TO I SEWER MAIN CONSTRUCTION. PLAN SCALE 1' - 20' 280 N E- LJ Li (n 270 J 5J T X LOT 3202 H USE �1824 REMOVE AND REPLACE EXISTING FENCE WITHIN CONSTRUCTION O (y i i ofo LIMITS. I ' RESTORE LAWN AND L1NOSCAPING IMPROVEMENT TO PRECONSTRUCTION'CONDITION. PROVIDE NEW TOPSOIL AND 500 FOR ALL DISTURBED AREAS DAMAGED BY CONSTRUCTION. FOR THIS PARCEL ONLY TO NORTH EDGE OF ROADWAY ON NE 20TH AVE. 2 - 12' DECID. --,1 32" DECID 10 POPLARS W a 4 I h - I m ;n 1 I �6 P :-- IOfO� !':-__________ ___________ ITS 10' PERMANENT EASEMENT _ I 5 I}4' AL 3" ORNAMENTAL 1 INSTL WI J TREE 15' TEMPORARY J TRENCDF CH PLUG o_I L CONSTRUCTION N EASEMENT i moo' Vm: 'o TAX LOT 3200 p�; HOUSE #1840 JONES AVE NE 280 N n 270 � O m N 2 } Z ^ a W 260 3 �aN o =W IN 250 N Y SOUTH 112 SECTION 5 TWP 23N R 5E A TAX LOT 3200 s . TAX LOT 3202 HOUSE 11800 MATCH LINE STA 10+60 HOUSE #1824 SEE SHEET 3 t �. NEW MANHOLE #3 Z ° \ 20" FIR O POHL SHORT P T C- F-- W LOT 2 '^ ;I} I i B�PVC (W;XISOT. 12" APPLE Q z OLD TRACT 293 �a/� - ;II y I " tea`, MANHOLE'DEC1D. Z \G� �o�tg, 2" CRNAMENTAL'� A 2`�" W „y 2 - 8" �O ;�� [. WETLAND OECID � WETLANO BUFFER _ J LU p� ALDERS _ _ __ __ z LL J - `L_�-J I 80UNOARY CONNECT TO _�-- LL Q _ I CUT AND PATCH g 1 2 - 6' BIRCH EXISITNG MH OZ �E G OPE RECHANNEL TING PAVEMENT e / I� I� cf)- i0E OF SiGPE _ P E�c\Ljj CONC�v-ALL iy I O 6 W ROCK WALL ��I 4, N .49 E 20 TH S T S+oo E 1 9.61 - W 5 S Lu -~- 8 S S PLUG ABANDONED LINE 3 Q N 1__ _ �TO PUMP STATIOPUMP STATIO E 1303565.23 303565.2 F CREEK o \ II CONC. VAULT_ _ DITCH I x x 3 3 dz ex z I� 1""'1 Ir 2+00 I T PLU EX. FORCEMAIN IE 248 P UL G INLET AND OUTLET OF EXIST. - Ic 2 .70 4 4' FORCEMAIN IN ACCORDANCE WITH 7-17.3(4)6 OF WSJOT/APWA MIA 1991 STANDARD SPECIFICATIONS. OUTLET ABANDON OF FORCEMAIN LOCATED IN MANHOLE LIFT STRUCTURE AT INTERSECTION OF JONES AVE. AND SEE SPECIFICATION 20TH STREET. THIS WORK SHALL BE SECTION 2-02.3(1) INCLUDED IN LUMP SUM PRICE BID FOR ABANDON EXISTING PUMP STATION. IE 248.1` OLD BERRY FARM TRACT 285 HOUSE J1733 PLAN SCALE I' - 20' 3+00 PROFILE SCALE I' = 20' H 4+00 I 1! 24 CONC. CULV I' c1'! REMOVE AND DISPOSE OF EXISTING GUARD IIm1� RAIL AND FENCING. REMOVE STRUCTLRES AND CULVERTS, RECHANNEL CREEK. INSTALL ` c1� 6' PEA GRAVEL BOTTOM AND RIP RAP xI CREEK BANKS, THIS WORK SHALL BE INCLUDED I IN LUMP SUM PRICE BID FOR ABANDON EXIST. �yl 247.64 PUMP STATION. 3 �Io 0 - - 16' 12' 252 EXISTING ROAD GRADE. .j1� 252 RIP RAP LIGHT AND LOOSE 247 .SIDE SLOPES---247 6- THICK PEA GRAVEL BOTTOM 4 4' WIDE TRAPIZOIDAL BOTTOM CREEK SECTION A SCALE I" - 5' H$V 4 CITY OF RENTON BENCH MARK RR SPIKE ON SE FACE OF POWER POLE 6' UP. SW INTERSECTION NE 20TH ST AND JONES AVE NE. EL. 277.09 DRAFT 0 Nationwide Permits / Seattle District / 7 June 2000 CONDITIONS FOR NATIONWIDE PERMITS National Conditions. The following general conditions must be followed in order for any authorization by an NWP to be valid: 1. Navigation. No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. 4. Aquatic Life Movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. 6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the State or tribe in its Section 401 water quality certification and Coastal Zone Management Act consistency determination. 7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but riot limited to, reserved water rights and treaty fishing and hunting rights. Nationwide Permits / Seattle District / 7 June 2000 9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the State or tribal 401 certification (either generically or individually) does not require or approve a water quality management plan, the permittee must include design criteria and techniques that will ensure that the authorized work does not result in more than minimal degradation of water quality. An important component of a water quality management plan includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality. Refer to General Condition 21 for stormwater management requirements. Another important component of a water quality management plan is the establishment and maintenance of vegetated buffers next to open waters, including streams. Refer to General Condition 19 for vegetated buffer requirements for the NWPs. 10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived (see Section 330.4(d)). 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act, or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMFS, the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, Nationwide Permits / Seattle District / 7 June 2000 etc.) from the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected species are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine Fisheries Service or their world wide web pages at http://www.fws.gov/r9endspp/endspp.html and http://www.nfms.gov/prot_res/esahome.html, respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the PCN is complete within 30 days of the date of receipt and can request the additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: (1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or (2) If notified in writing by the District or Division Engineer that an individual permit is required; or Nationwide Permits / Seattle District / 7 June 2000 (3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address, and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity; and (4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40, 41, 42, and 43, the PCN must also include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (see paragraph 13(f)); (5) For NWP 7, Outfall Structures and Maintenance, the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed. (6) For NWP 14, Linear Transportation Crossings, the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the United States and a statement describing how temporary losses of waters of the United States will be minimized to the maximum extent practicable. (7) For NWP 21, Surface Coal Mining Activities, the PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan. (8) For NWP 27, Stream and Wetland Restoration, the PCN must include documentation of the prior condition of the site that will be reverted by the permittee. (9) For NWP 29, Single -Family Housing, the PCN must also include: Nationwide Permits / Seattle District / 7 June 2000 (i) Any past use of this NWP by the individual permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the purpose of this NWP, parcels of land measuring '/4 acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the property. For parcels greater than '/4 acre in size, a formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See paragraph 13(f)); (iv) A written description of all land (including, if available, legal descriptions) owned by the prospective permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation, joint tenant, co -tenant, or as a tenant -by -the - entirety) and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed; (10) For NWP 31, Maintenance of Existing Flood Control Projects, the prospective permittee must either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline information so as to identify the approved channel depths and configurations and existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not increased; (ii) A delineation of any affected special aquatic sites,. including wetlands; and, (iii) Location of the dredged material disposal site. (11) For NWP 33, Temporary Construction, Access, and Dewatering, the PCN must also include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources. (12) For NWPs 39, 43, and 44, the PCN must also include a written statement to the District Engineer explaining how avoidance and minimization of losses of waters of the United States were achieved on the project site. Nationwide Permits / Seattle District / 7 June 2000 (13) For NWP 39, Residential, Commercial, and Institutional Developments, and NWP 42, Recreational Facilities, the PCN must include a compensatory mitigation proposal that offsets unavoidable losses of waters of the United States or justification explaining why compensatory mitigation should not be required. (14) For NWP 40, Agricultural Activities, the PCN must include a compensatory mitigation proposal to offset losses of waters of the United States. (15) For NWP 43, Stormwater Management Facilities, the PCN must include, for the construction of new stormwater management facilities, a maintenance plan (in accordance with State and local requirements, if applicable) and a compensatory mitigation proposal to offset losses of waters of the United States. (16) For NWP 44, Mining Activities, the PCN must include a description of all waters of the United States adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the United States, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities). (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. (18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. (19) For NWPs 12, 14, 29, 39, 40, 42, 43, and 44, where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within 100-year floodplains (as identified on FEMA's Flood Insurance Rate Maps or FEMA-approved local floodplain maps), the notification must include documentation demonstrating that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements. Nationwide Permits / Seattle District / 7 June 2000 (c) Form of Notification: The standard individual permit application form (Form ENG 4345) may be used as the notification but must clearly indicate that it is a PCN and must include all of the information required in (b) (1)-(19) of General Condition 13. A letter containing the requisite information may also be used. (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in i ore than minimal individual or cumulative adverse environmental effects o I r may be contrary to the public interest. The prospective permittee may, optionally, submit a proposed mitigation plan with the PCN to expedite the process and the District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether!the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, the District Engineer will notify the permittee and include any conditions the District Engineer deems necessary. Any compensatory mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, the District Engineer will provide a timely written response to the applicant stating that the project can proceed under the terms and conditions of the nationwide permit. If the District Engineer, determines that the adverse effects of the proposed work are more than minimal, then he will notify the applicant either: (1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or Nationwide Permits / Seattle District / 7 June 2000 (3) that the project is authorized under the NWP with specific modifications or conditions. Where the District Engineer determines that mitigation is required in order to ensure no more than minimal adverse effects on the aquatic environment, the activity will be authorized within the 45-day PCN period, including the necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or a mitigation plan is required under item (2) above, no work in waters of the United States will occur until the District Engineer has approved a specific mitigation plan. (e) Agency Coordination: The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse effects on the aquatic environment to a minimal level. For activities requiring notification to the District Engineer that result in the loss of greater than '/2 acre of waters of the United States, the District Engineer will, upon receipt of a notification, provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner), a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO), and, if appropriate, the National Marine Fisheries Service. With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson - Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to National Marine Fisheries Service within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. Nationwide Permits / Seattle District / 7 June 2000 (f) Wetlands Delineations: Wetland delineations must be prepared in accordance with the current method required by the Corps. For NWP 29 see paragraph (b)(9)(iii) for parcels less than Y4 acre in size. The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. Every permittee who has received a Nationwide . permit verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter. The certification will include: (a) A statement that the authorized work was done in accordance with the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was completed in accordance with the permit conditions; and (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 acre. 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. 18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). Nationwide Permits / Seattle District / 7 June 2000 19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more than minimal. (a) Compensatory mitigation at a minimum 1:1 ratio will be required for all wetland impacts requiring a PCN. Consistent with National policy, the District Engineer will establish a preference for restoration of wetlands to meet the minimum compensatory mitigation ratio, with preservation used only in exceptional circumstances. (b) To be practicable, the mitigation must be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed; (c) The District Engineer will require restoration, creation, enhancement, or preservation of other aquatic resources in order to offset the authorized impacts to the extent necessary to ensure that the adverse effects on the aquatic environment are minimal. An important element of any compensatory mitigation plan for projects in or near streams or other open waters is the establishment and maintenance, to the maximum extent practicable, of vegetated buffers next to open waters on the project site. The vegetated buffer should consist of native species. The District Engineer will determine the appropriate width of the vegetated buffer and in which cases it will be required. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District Engineer may require wider vegetated buffers to address documented water quality concerns. If there are open waters on the project site and the District Engineer requires compensatory mitigation for wetland impacts to ensure that the net adverse effects on the aquatic environment are minimal, any vegetated buffer will comprise no more than 1/3 of the remaining compensatory mitigation acreage after the permanently filled wetlands have been replaced on a one-to-one acreage basis. In addition, compensatory mitigation must address adverse effects on wetland functions and values and cannot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the NWPs (e.g., for NWP 39, '/4 acre of wetlands cannot be created to change a '/z acre loss of wetlands to a % acre loss; however, '/z acre of created wetlands can be used to reduce the impacts of a 1/3 acre loss of wetlands). If Nationwide Permits / Seattle District / 7 June 2000 the prospective permittee is required to submit a compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed. (d) To the extent appropriate, permittees should consider mitigation banking and other appropriate forms of compensatory mitigation. If the District Engineer determines that compensatory mitigation is necessary to offset losses of waters of the United States and ensure that the net adverse effects of the authorized work on the aquatic environment are minimal, consolidated mitigation approaches, such as mitigation banks, will be the preferred method of providing compensatory mitigation, unless the District Engineer determines that activity -specific compensatory mitigation is more appropriate, based on which is best for the aquatic environment. These types of mitigation are preferred because they involve larger blocks of protected aquatic environment, are more likely to meet the mitigation goals, and are more easily checked for compliance. If a mitigation bank or other consolidated mitigation approach is not available in the watershed, the District Engineer will consider other appropriate forms of compensatory mitigation to offset the losses of waters of the United States to ensure that the net adverse effects of the authorized work on the aquatic environment are minimal. 20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and must not increase water flows from the project site, relocate water, or redirect water flow beyond preconstruction conditions. In addition, the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. 22. Adverse Effects From Impoundments. If the activity, including structures and work in navigable waters of the United States or discharge of dredged or fill material, creates an impoundment of water, adverse effects on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. Nationwide Permits / Seattle District / 7 June 2000 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the United States or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. 25. Designated Critical Resource Waters. Critical resource waters include, NOAA- designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, State natural heritage sites, and outstanding national resource waters or other waters officially designated by a State as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. (a) Except as noted below, discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, and 44 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General Condition 13, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after he determines that the impacts to the critical resource waters will be no more than minimal. 26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100- year floodplains will be identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps. (a) Discharges Below Headwaters. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the 100-year floodplain at or below the point on a stream where the average annual flow is five cubic feet per second (i.e., below headwaters) are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the Nationwide Permits / Seattle District / 7 June 2000 prospective permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above -grade fills in waters of the United States within the 100-year floodplain below headwaters comply with FEMA or FEMA-approved local floodplain construction requirements. (b) Discharges in Headwaters (i.e., above the point on a stream where the average annual flow is five cubic feet per second). (1) Flood Fringe. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the flood fringe of the 100-year floodplain of headwaters are not authorized by NWPs 12, 14, 29, 39, 40, 42, 43, and 44, unless the prospective permittee notifies the District Engineer in accordance with General Condition 13. The notification must include documentation that such discharges comply with FEMA or FEMA-approved local floodplain construction requirements. (2) F000dway. Discharges of dredged or fill material into waters of the United States resulting in permanent, above -grade fills within the floodway of the 100-year floodplain of headwaters are not authorized by NWPs 29, 39, 40, 42, 43, and 44. For NWPs 12 and 14, the permittee must notify the District Engineer in accordance with General Condition 13 and the notification must include documentation that any permanent, above grade fills proposed in the floodway comply with FEMA or FEMA- approved local floodplain construction requirements. Section 10 Only Condition Removal. Relocation or Other Alteration to Structures. The permitee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. Special Condition Access. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Nationwide Permits / Seattle District / 7 June 2000 Corps Regional General Conditions Bog and Bog -like Wetlands. The use of NWPs is specifically prohibited in bog and bog -like wetlands or just the bog or bog -like component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 2. Mature Forested Wetlands. The use of NWPs is specifically prohibited in mature forested systems or just the mature forested component of a wetland system (as defined in the Definition section of this Public Notice), except for projects provided coverage under the following NWPs: NWP 3(i,ii) — Maintenance NWP 20 — Oil Spill Cleanup NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste NWP 40(a) — USDA program participant NOTE: NWP regulations do not allow the regional conditioning of NWP 40(a). 3. Revegetation. Though applying to all NWPs where wetland vegetation is temporarily removed, this condition most often applies to NWPs 12, 13, 14, and 33. which require restoration and/or revegetation of the temporarily impacted areas or work areas. This condition does not apply to any NWP authorizations which require a separate mitigation plan. Upon completion of the work authorized by the NWP, the site shall be replanted with the appropriate native upland or wetland vegetation during the first available planting season. Vegetation removal or destruction shall be held to the absolute minimum necessary. The applicant shall take appropriate measures to ensure revegetation success, as defined below. Success is defined as 80% of the planted area being covered with native species five years after construction is completed. If this standard is not equaled or exceeded, remedial measures (e.g., replanting, soil amendments, additional monitoring, etc.) may be required until success is achieved. Measures such as hydroseeding with annual or non-invasive grasses or groundcovers may be used for temporary erosion control. Nationwide Permits / Seattle District / 7 June 2000 4.. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for activities which would have qualified for the following NWPs: NWP 12 -- Utility Line Activities (substations and access roads) NWP 13 -- Bank Stabilization NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 -- Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities The CBSA is located near the southern end of Puget Sound's main basin at Tacoma, Pierce County, Washington. The CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways, wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (Pacific Avenue), then south to the centerline of 1-5; then east (northbound lanes) along 1-5 to the Puyallup River. The boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge. From the Puyallup River, the boundary extends east along 1-5 to 70th Avenue E. The line then returns to Brown's Point to the northwest, following the 100-foot contour elevation above sea level located east of Hylebos Creek and Marine View Drive. 5. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), only the following NWPs can be used in those areas designated as "Developable Wetlands": NWP 14 -- Linear Transportation Crossings NWP 23 -- Approved Categorical Exclusions NWP 29 -- Single -Family Housing NWP 33 -- Temporary Construction, Access and Dewatering NWP 39 -- Residential, Commercial, and Institutional Developments NWP 40 — Agricultural Activities NWP 41 -- Reshaping Existing Drainage Ditches NWP 42 -- Recreational Facilities NWP 43 -- Stormwater Management Facilities Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District Engineer in accordance with General Condition 13 for gny acreage or volume proposed. Once the SAMP is approved, the "Notification" limits will be as specified in the individual NWPs. Nationwide Permits / Seattle District / 7 June 2000 Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington, dated April 2000. An individual permit is required for all proposals in "Developable Wetlands" that would have qualified for NWPs other than those listed above. NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the requirements found within the Mill Creek Special Area Management Plan, King County, Washington. The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek, (Auburn), Mullen Slough, Midway Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High Water mark of the Green River on the east and north. 6. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11, the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered Species Act: (a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prohibition times. (b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times. Work prohibition times: (1) Nesting between January 1 and August 15 each year. (2) Wintering areas between November 1 and March 31 each year. Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and Wildlife Service (USFWS). Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your proposed project: West of Cascades: Olympia Office - (360) 753-9440 East of Cascades: Ephrata - (509) 754-8580 or Spokane - (509) 893-8002 Mainstem of the Columbia River downstream from McNary Dam: Portland - (503) 231-6179 NOTE: If the bald eagle is delisted (6 July 2000 at the earliest), this regional condition will no longer be valid. Nationwide Permits / Seattle District / 7 June 2000 Regional General 401 Conditions State Soil Erosion and Sediment Controls. (a) For in -water construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that will meet the following requirements of the water quality standards (WAC 173-201A-110): (1) All necessary local and State permits have been obtained; (2) Best Management Practices have been implemented; and, (3) Turbidity does not extend beyond the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction; or, (d) A radius of up to 150 feet for projects or activities within or along lakes, ponds, wetlands, estuaries, marine waters or other non - flowing waters. For WDOT in -water construction projects or activities, an individual 401 certification is not required for those projects or activities in compliance with the Ecology approved Implementing Agreement regarding compliance with the State of Washington Surface Water Quality Standards. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. (b) For upland and wetland construction activities: An individual 401 Certification is not required under this condition for projects or activities authorized under NWPs that meet the applicable turbidity standards in adjacent waterbodies (per WAC 173-201A-030). Nationwide Permits / Seattle District / 7 June 2000 For WDOT projects or activities authorized under NWPs, an individual 401., certification is not required under this condition for projects or activities that are in compliance with the most current applicable WDOT Highway Runoff Manual and the Ecology -approved Temporary Erosion and Sediment Control (TESC) document for project site plans. Applicants whose projects or activities will not or do not meet the above requirements must contact Ecology to request issuance of an individual 401 Certification or a modification to the water quality standards pursuant to WAC 173-201 A-110. 2. Stormwater Provisions. An individual 401 Certification is not required under this condition for any project or activity authorized under NWPs complying with applicable provisions of: (a) the stormwater-related conditions of an HPA issued for the project or activity; or, (b) the most current Ecology -approved version of the Puget Sound Stormwater Manual, the WDOT Highway Runoff Manual, or any other Ecology -approved local stormwater manual. Compliance may be determined by submitting a letter signed by a professional engineer certifying that the stormwater design meets the applicable manual. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). An individual 401 Certification is required for and project or activity authorized under NWPs that are not in compliance with all applicable requirements of a general or individual NPDES permit. 4. Projects or Activities Discharging to Impaired Waters. An individual 401 Certification is required for projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) if the discharge will result in further exceedances of the 303(d)-listed contaminant or will result in further impairment of the listed reason for impairment of that waterbody, except as described below: (a) For projects or activities that will discharge to a 303(d)-listed waterbody that has an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the discharge is within the limits established in the TMDL. Nationwide Permits / Seattle District / 7 June 2000 (b) For projects and activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), an individual 401 Certification is not required under this condition if the applicant provides documentation for Ecology approval showing that the project or activity will not result in further discharges of the listed contaminant or further impairment of the listed reason for impairment. Note: For example, if a waterbody is on the 303(d) list for exceeding the water quality criteria for fecal coliform, applicants must provide documentation showing that the proposed project will not result in further fecal coliform exceedances in that waterbody or individual 401 Certification will be required. When an individual 401 Certification is required for projects or activities that would result in further exceedances or impairment in 303(d)-listed waterbodies, Ecology may issue a 401 Certification if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 Certification review. 5. Notification. For projects or activities that will require individual 401 Certification, applicants must provide Ecology with the documentation provided to the Corps (as described in Corps National General Condition 13), including, when applicable: (a) Delineation of special aquatic sites, including wetlands. [Note: delineation should also be provided for areas described in local Critical Areas Ordinances, such as riparian zones, locally -significant wetlands, shorelines of statewide significance, etc.] (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures (e.g., proposed stormwater management plan and designs, proposed BMPs, etc.). (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable NWP. Nationwide Permits / Seattle District / 7 June 2000 A request for 401 Certification is not complete until the applicable documents noted above have been provided to Ecology and Ecology has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to Ecology whenever it is required to be submitted to the Corps (as described in Corps National General Condition 14). 7. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wetland and other water quality -related impacts of projects or activities authorized under the NWP Program. An individual 401 Certification is required for projects or activities authorized under NWPs that do not receive written approval from Ecology of proposed mitigation plans for the following: (a) Any fill -related impacts to Category I wetlands or other high -quality wetlands including bogs, mature forested wetlands, vernal pools, camas prairie wetlands, playas, and prairie potholes. (b) Any fill -related impacts to tidal waters or to non -tidal wetlands adjacent to tidal waters. (c) Any Corps -required proposed compensatory mitigation plan (as described in Corps National General Condition 13) under NWPs 14, 39, 40, 42, and 43 for any fill -related impacts greater than % acre. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site. (b) Completion and submittal of an "as -built report" upon construction of the mitigation. (c) Completion and submittal of monitoring reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. (d) For projects proposing mitigation at an Ecology -approved mitigation bank, applicants shall provide a copy of the proposed impact and mitigation bank credit determination. Nationwide Permits / Seattle District / 7 June 2000 In addition to the above, WDOT projects and activities authorized under NWPs must comply with applicable provisions of the "Implementing Agreement between the Washington Department of Transportation and the Washington Department of Ecology Concerning Wetlands Protection and Management". 8. Temporary Fills. An individual 401 Certification is required for any project or activity authorized under NWPs that does not receive written approval from Ecology allowing temporary fill to remain in wetlands or other waterbodies for more than 90 days. The 90-day period begins when fill is first placed in the wetland or other waterbody. 9. Designated Critical Resource Waters. An individual 401 Certification is required for any project or activity authorized under NWPs in waterbodies on the most current list of the following Designated Critical Resource Waters (as described in Corps National General Condition 25 on page 101): (a) NOAA-designated marine sanctuaries. (b) National Wild and Scenic Rivers. (c) State natural heritage sites. In addition, an individual 401 Certification is required for any project or activity authorized under NWPs in any aquatic reserve established by WDNR or in any outstanding national resource waters or other waters officially designated by a State as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. 10. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project or activity authorized under NWPs that includes permanent, above -grade fill within the 100-year floodplain. 11. Standard 401 Certification Requirements. All permittees whose projects or activities receive 401 Certification are subject to the applicable requirements below: (a) Spill prevention and response: When operating equipment in or near wetlands or other waters of the State, extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the wetlands or other waterbodies. If a spill occurs, the operator shall immediately cease work, take steps to contain the material, and notify Ecology's appropriate regional office. Nationwide Permits I Seattle District 17 June 2000 (b) Equipment fueling: 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 to prevent spills into state waters. Fueling is to be done only in areas designed to contain spills and not within 50 feet of wetlands. (c) No wash water discharges: Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall be contained for proper disposal, and shall not be discharged into state waters or storm drains, unless authorized through a separate NPDES permit or state waste discharge permit. (d) Disposal of material: Construction debris and excess excavated or dredged material shall be disposed of at an upland location in a manner to prevent degradation of State waters. (e) Clean fill: Fill material used in projects or activities authorized under NWPs shall not result in exceedances of state water quality standards (WAC 173- 201A), including exceedances of the surface water quality numeric criteria, beyond the approved area of fill. Note: For example, fill material should not contain contaminants or toxic substances that would leach through the material and into wetlands or other surface waters of the state at rates or concentrations that exceed the surface water quality numeric criteria. (f) Identifying construction boundaries: Prior to clearing and grading in wetlands, the adjacent wetlands and waterbodies shall be protected from construction impacts. Construction fencing or flagging (using brightly colored tape at no less than twenty-five foot (25') intervals) of the existing wetlands and other waterbodies to be protected shall be completed prior to clearing. All project staff shall be trained to recognize construction fencing or flagging that identifies wetland boundaries. Equipment shall not be moved into or operated in wetlands or other waterbodies that are not authorized to be impacted. (g) Access: 401 Certification is based on NWP permittees providing access to project and mitigation sites upon request of Ecology personnel for site inspections, monitoring, or data collection to determine compliance with 401 certification conditions. (h) Liability: Any 401 Certification issued for projects or activities authorized under NWPs does not absolve the applicant from liability for contamination occurring as a result of construction or operations and for subsequent cleanup of surface waters or sediments. Nationwide Permits / Seattle District / 7 June 2000 EPA Soil Erosion and Sediment Controls. 401 Certification determination is based on the project or activity meeting established turbidity levels. EPA will be using as guidance, the State water quality standards [WAC 173-201A-110(3)]. Projects or activities that are expected to exceed these levels or that do exceed these levels will require individual 401 Certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented (e.g., properly placed and maintained filter fences, hay bales and/or other erosion control devices, adequate detention of runoff to prevent turbid water from flowing off -site, providing a vegetated buffer between the activity and open water, etc.), and only up to the following limits: (a) Up to 100 feet downstream from the activity in waters flowing up to 10 cfs (cubic feet per second) at the time of construction; (b) Up to 200 feet downstream from the activity in waters flowing between 10 cfs to 100 cfs at the time of construction; or (c) Up to 300 feet downstream from the activity in waters flowing above 100 cfs at the time of construction. 2. Compliance with Stormwater Provisions. 401 Certification of projects and activities authorized under NWP permits will use the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual, or the Washington State Department of Transportation Highway Runoff Manual on highway projects as guidance to meet water quality standards. 3. Compliance with requirements of the National Pollutant Discharge Elimination System (NPDES). For projects and activities requiring coverage under an NPDES permit, certification is based on compliance with the requirements of that permit. Projects and activities that are not in compliance with NPDES requirements will require individual 401 Certification. 4. Projects or Activities Discharging to Impaired Waters. Projects or activities that will discharge to a waterbody on the state's list of impaired waterbodies (the 303(d) list) require individual 401 Certification if the discharge may result in further exceedances of the 303(d)-listed contaminant or will result in further impairment. The current list of 303(d)-listed waterbodies is available on Ecology's web site at http://www.wa.gov/ecology or by contacting Ecology's Federal Permits staff. Nationwide Permits / Seattle District / 7 June 2000 For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load (TMDL), the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedances of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does have an approved TMDL, the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL. EPA may issue 401 Certification determination for projects or activities that would result in further exceedances or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 review. 5. Notification. For projects that will require individual 401 certification determination, applicants must provide EPA with the same documentation provided to the Corps (per Corps National General Condition 13), including when applicable: (a) Delineation of special aquatic sites, including wetlands. (b) Proposed compensatory mitigation or restoration plans. (c) Proposed water quality and water quantity management measures. (d) Endangered or threatened listed species that may be affected by the proposed work. (e) Historic properties listed or eligible for listing in the National Register of Historic Places. (f) Site plans showing the 100-year floodplain. (g) Other applicable requirements of Corps National General Condition 13, Corps Regional Conditions, or notification conditions of the applicable Nationwide Permit. A request for 401 Certification is not complete until the applicable documents noted above have been provided to the certifying agency. 6. Compliance Certification. Applicants must provide a copy of the compliance certification to EPA whenever it is required to be submitted to the Corps (per Corps National General Condition 14). Nationwide Permits / Seattle District / 7 June 2000 TSuitable Material. No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 8. Mitigation. 401 Certification is based on adequate compensatory mitigation being provided for wetland and other water quality -related impacts of projects and activities authorized under the NWP Program. Compensatory mitigation is required under Corps General Condition 13 for projects and activities authorized under NWPs 14, 39, 40, 42, and 43. 401 Certification is subject to the applicant receiving written approval from EPA of the mitigation plan for projects and activities resulting in any of the following: (a) Any impacts to Category I wetlands; (b) Any impacts to tidal waters or non -tidal waters adjacent to tidal waters (applies to NWP 14); or, (c) Any impacts to wetlands greater than % acre. Compensatory mitigation plans submitted for EPA review and approval shall be based on the guidance provided in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals (Ecology Publication 94-29) and shall, at a minimum, include the following: (a) Evidence of wetland hydrology at the mitigation site; (b) Completion and submittal of an "as -built report" upon construction of the mitigation; (c) Completion and submittal of reports at Years 3 and 5 showing the results of monitoring for wetland hydrology, vegetation types, and areal coverage of vegetation. Projects and activities that do not receive written approval of their mitigation plan, or do not meet the conditions stated above, will require an individual 401 Certification. Note: Characterization of wetlands shall be based on field identification and using the "Washington State Wetlands Rating System, Western Washington, Second Edition", dated August 1993 (Publication 93-74) and "Washington State Wetlands Rating System, Eastern Washington", dated October 1991 (Publication 91-58) as guidance. Copies are available through Ecology's Publications Office at (360) 407-6000.) Nationwide Permits / Seattle District / 7 June 2000 9. Management of Water Flows. 401 Certification of projects and activities authorized under NWP permits is based on guidance and/or compliance with the applicable provisions of the most current Ecology -approved version of the Puget Sound Stormwater Manual. Projects and activities not meeting the applicable provisions will require individual 401 Certification. 10. Temporary Fills. An individual 401 Certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. 11. Designated Critical Resource Waters. An individual 401 Certification is required for any proposed project or activity in waterbodies on the most current list of the Designated Critical Resource Waters per Corps National General Condition 25. Critical resource waters include, NOAA-designated marine sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered species, coral reefs, and outstanding national resource waters or other waters officially designated by a Tribe as having particular environmental or ecological significance and identified by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity for comment. 12. Fills Within 100-Year Floodplains. An individual 401 Certification is required for any proposed project that would increase permanent, above -grade fill within the 100-year floodplain (including the floodway and the flood fringe). The 100-year floodplain is defined as those areas identified as Zones A, Al-30, AE, AH, AO, A99, V, V1-30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval, or as the flood with an exceedance probability of 0.01. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 November 16, 2001 John Hobson City of Renton 1055 S. Grady Way, 5`h Floor Renton, WA 98055 Dear Mr. Hobson: RECEIVED NOV 19 2001 CITY OF RENTON UTILITY SYSTEMS Re: U.S. Army Corps of Engineers Reference #2000-4-00377 Nationwide Permit #12 to authorize sewer pipe installation in Higate area, Renton, King County, Washington. This letter is to confirm that the above -referenced project will not require an individual water quality certification from the Department of Ecology. Your project does not meet the state criteria for requiring a certification under Nationwide Permit 12, provided that the following conditions are met: Impact to any one wetland area cannot exceed 40 feet wide (impacts due to trenching, construction, staging areas, etc.) 2. Excavation or dredging activities are not to affect open water areas (e.g., no trenching across streams) 3. No more than 0.01 acre of new or additional permanent impervious surfaces (e.g., concrete, gravel, asphalt, etc.) may replace wetland areas. Pursuant to Section 307(c)(3) of the Coastal Zone Management Act of 1972, as amended, we concur with the applicant's determination that this activity is consistent to the maximum extent practicable with the enforceable policies of Washington's Coastal Zone Management Program and will not result in any significant impacts to the State's coastal resources. Please note this verification does not exempt, and is provisional upon compliance with other statutes and codes administered by federal, state and local agencies. Please call me at (425) 649- 7145 if you have questions or would like more information. Sincerely, C LC, Alice Kelly Federal Permit Coordinator Shorelands and Environmental Assistance Program AK:ak cc: Jonathan Smith, Corps of Engineers HYDRAULIC PROJECT APPROVAL RCW 75.20.100 or RCW 75.20.108 FISH and WOIN DATE OF ISSUE• April 7 2000 PERMITTEE City of Renton Planning/Building/Public Works Department ATTENTION: John Hobson, Utilities Division 1055 South Grady Way Renton, Washington 98055 425-430-7279 PROJECT DESCRIPTION: Install Conduit INJ tv APR � � 2000 Gu L01 R sNEMs State of Washington Department of Fish and Wildlife Region 4 Office 16018 Mill Creek Boulevard Mill Creek, Washington 98012 LOG NUMBER: 00-E4474-01 AUTHORIZED AGENT OR CONTRACTOR Not Applicable PROJECT LOCATION: Northeast 20`h Street and Jones Avenue Northeast, Renton, Washington # WRIA WATER BODY TRIBUTARY TO 1/4 SEC. SEC. TOWNSHIP RANGE COUNTY 1 08.LKWA Unnamed Creek Lake Washington SE 05 23 North 05 East King NOTE: This conduit crosses a small non -fish bearing stream and goes through associated wetlands. PROVISIONS 1. TIMING LIMITATIONS, The project may begin June 16, 2000 and shall be completed by July 1, 2001, provided that work below the ordinary high water line (OHWL) shall occur only between June 16 and September 30. 2. Work shall be accomplished per plans and specifications entitled, "HIGHGATE LIFT STATION ELIMINATION', and submitted to the Washington Department of Fish and Wildlife (WDFW), except as modified by this Hydraulic Project Approval (HPA). This HPA reflectc design criteria per Chapter 220-110 WAC and mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of the approved plans shall be available on site during construction. 3. Conduit alignment shall be as nearly perpendicular to the stream and associated wetlands as possible. 4. The conduit shall be installed at sufficient depth so that subsequent disturbance of the streambed and associated wetlands is avoided. 5. Trenches shall be backfilled as shown in the approved plans (Provision 2), and the streambed and wetlands shall be returned to preproject or improved conditions. 6. Excess spoils shall be disposed of so they will not re-enter the stream and/or associated wetlands. 7. If the stream is flowing, a temporary bypass to divert flow around the work area shall be in place prior to initiation of other work in the wetted perimeter. 8. A sandbag revetment or similar device shall be installed at the bypass inlet to divert the entire flow through the bypass. Page 1 of 4 HYDRAULIC PROJECT APPROVAL State of Washington W"Wom Department of Fish and Wildlife RCW 75.20.100 or RCW 75.20.108 DeparteK+da/ Region 4 Office FISHOW ' 16018 Mill Creek Boulevard WOM Mill Creek, Washington 98012 DATE OF ISSUE: April 7. 2000 LOG NUMBER: 00-E4474-01 �. A sandbag revetment or similar device shall be installed at the downstream end of the bypass to prevent backwater from entering the work area. 10..The bypass shall be of sufficient size to pass all flows and debris for the duration of the project. 11. Upon completion of the project, all material used in the teora m bypass shall be removed from the site and the site p �' YP returned to preproject or improved conditions. 12. Alteration or disturbance of the riparian and wetland vegetation shall be limited to that necessary to construct the project. Within seven calender days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the disturbed riparian and wetland areas shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval I necessary for three years to ensure 80 percent or greater of three feet (on center). Plantings shall be maintained survival. 13. If at.any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), I operations shall cease and WDFW at (360) 534-8233 and the Washington Department of Ecology at (425) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 14. Erosion control methods shall be used to prevent silt -laden water from entering the stream and/or associated wetlands. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/oi immediate mulching of exposed areas. 15. Prior to starting work, temporary filter fabric, straw bale, or pea gravel -filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 16. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the OHWL to allow removal of fine sediment and other contalnhiarts prior to being discharged to the stream and/or associated wetlands. 17. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream and/or associated wetlands. SEPA: MDNS by City of Renton final on March 27, 2000. APPLICATION ACCEPTED: March 28, 2000 ENFORCEMENT OFFICER: Peck 024 [P3] Page 2 of 4 HYDRAULIC PROJECT APPROVAL State of Washington WaAimcm d( RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife avan-dRegion 4 Office F19Hmd 16018 Mill Creek Boulevard Mill Creek, Washington 98012 DATE OF ISSUE: Al2ri17.2000 LOG NUMBER: 00-E4474-01 Larry Fisher (425) 649-7042v,,,,,� ��.�.._ for Director Area Habitat Biologist OO R'DFW GENERAL PROVISIONS This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER, that such modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or (B) An order imposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way. North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW.75.20.100 OR 75.20.106: Page 3 of 4 HYDRAULIC PROJECT APPROVAL State of Washington RDepartment of Fish and Wildlife RCW 75.20.100 or RCW 75.20.108 Region 4 Office FISHod 16018 Mill Creek Boulevard WOLN Mill Creek, Washington 98012 DATE OF ISSUE: A12617. 2000 LOG NUMBER: 00-E4474-01 A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAT. APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be. within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 75.20.160: A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. Page 4 of 4 CITY OF RENTON + Planning/Building/Public Works Department I e Tanner, Mayor Gregg Zimmerman P.E., Administrator March 24, 2000 Larry Fisher WS Dept. of Ecology, NW Regional Office 3190 - 160th Avenue SE Bellevue, WA 98008-5452 SUBJECT: HIGATE LIFT STATION ELIMINATION PROJECT Dear Larry: As per your request, enclosed please find a copy of the soils report for the above referenced project. If you have any questions, please call me at 425-430-7279. Sincerely, John Hobson Wastewater Utility 1-I:\DI VISION S\UTI I.I"I'IC.S\DOCS\2000-151.docUH\tb 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 20% post consumer Y o� City of Renton 1055 South Grady Way Renton, WA 98055 TO: Alice Kelly D.O.E. Phone: (425) 649-7145 Fax Phone: (425) 649-7098 Date: 11 /7/2001 FROM: John Hobson Phone: (425) 430-7279 Fax Phone: (425) 430-7241 SUBJECT: Higate Liftstation Elimination I Number of pages including cover sheet 4 REMARKS: ❑ Original to ❑ Urgent ❑ Reply ❑ Please ❑ For your be mailed ASAP Comment review Army Corp of Engineers letter Ahead of the curve CERTIFICATE OF COMPLIANCE WITH ._DEPARTMENT OF _ THE ARMY .. PERMIT iY. n.... ').. .. Permit Number: 2000-1-00377 Name of Permittee : RENTON, CITY OF Date of Issuance: OCT `2 5 2001 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle Washington 98125-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers, representative. If you fail to comply with your authorization, your project is subject to suspension, modification, or revocation. The work authorized by theabove referenced permit has been completed in accordance with the terms and conditions of your permit. L/ The mitigation required (not including monitoring) by the above referenced permit has been completed in accordance with the terms and conditions of your permit. Signature of Permittee NWi' 12 11 February 1997 CLM7; B:CERTCOMP.97 (A) King County Wastewater Treatment Division Environmental Planning Department of Natural Resources 201 South Jackson Street M.S. KSC-NR-0505 Seattle, WA 98104-3855 February 25, 2000 Lesley Nishihira, Project Manager Development Services Division City of Renton 1055 South Grady Way Renton, WA 98055 RE: Higate Lift Station (LUA-99-088,ECF) Dear Ms. Nishihira: " t , JJ*K' DEVELOPMENT PLANNING CITY OF RENTON FEB 2 8 2000 RECEIVED The King County Wastewater Treatment Division has reviewed the February 15, 2000, Notice of Application and Proposed Determination of Non -Significance Mitigated for the Higate Lift Station. The notice indicates that the City of Renton is proposing to replace the Mgate Sewer Lift Station with a gravity sewer system. Please note that before you begin work, construction drawings and specifications must be submitted to King County for engineering review and Local Public Agency approval. Please submit the drawings to Eric Davison, CIP-Civil/Architectural Section, MS KSC-NR-0508, at the address above, for review and approval prior to construction. Thank you for the opportunity to review and comment on this proposal. If you have questions, I can be reached at (206) 684-1227. Sincerely, 6&4ax-c w4� Barbara Questad Environmental Planner cc: Eric Davison, CIP Civil/Architectural Section �y ,�. CITY OF RENTON 4 Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator December 20, 2000 Jack Kennedy, Regulatory Project Manager Department of the Army Seattle District, Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 SUBJECT: REFERENCE NO.2000-?-00377 Dear Mr. Kennedy: Enclosed are two hard copies and one electronic copy of a Biological Assessment for the Higate Lift Station Elimination Project. Although your letter requested a Biological Evaluation, our consultant performed'a Biological Assessment. Since your letter had two different case numbers (2000-1-00377 & 2000-4-00377), and I assume one was a typo, I wasn't sure which was correct. I have also attached a copy of the Hydraulic Project Approval granted to the City for this project. Although we will need to apply for a time extension, I thought that it might provide useful during your review of this project. If you have any questions or require additional information, please contact me at (425) 430-7279. Sincerely,, ohn Hobson Wastewater Utility Enclosures HADI VISION. S\UTILITIE-S\DOCS\2000-625.docUDl-I\tb 1055 South Grady Way - Renton, Washington 98055 MThis naner contains 50 % recvcled material, 20 % post consumer 4#R CITY OF RF,NTON t Planning/Building/Public Works Department J e Tanner, Mayor Gregg Zimmerman P.E., Administrator November 20, 2001 Jonathan Smith Regulatory Branch Department of the Army Seattle District, Corps of Engineer P.O. Box 3755 Seattle, WA 98124-3755 SUBJECT: U.S. ARMY CORP OF ENGINEERS REFERENCE 2000-4-00377: DEPARTMENT OF ECOLOGY PERMIT STATUS Dear Mr. Smith: Attached please find a copy of the Washington State Department of Ecology letter dated November 16, 2001, regarding the City of Renton's proposed Higate lift station Elimination Project. If you have any questions please contact me at 425-430-7279. Si ely, John Hobson Wastewater Utility HADI V ISION.SMTI 1.ITIE.S\D0CS\2001 \2001-716.docV DH\tb 1055 South Grady Way - Renton, Washington 98055 ® This paper contains 50 % recycled material, 30 % post consumer **—'-N4 City of Renton ��1055 South Grady Way Renton, WA 98055 TO: Alice Kelly D.O.E. Phone: (425) 649-7145 Fax Phone: (425) 649-7098 ISUBJECT: Higate Liftstation Elimination Date: 11 /15/2001 FROM: John Hobson Phone: (425) 430-7279 Fax Phone: (425) 430-7241 Number of pages including cover sheet 4 REMARKS: Original to ❑ Urgent ❑ Reply ❑ Please [ For your be mailed ASAP Comment review Coastal Zone Management Form V A�-" 1—%Ij Ahead of the curve CERTIFICATION OF CONSISTENCY WITH THE WASHINGTON STATE COASTAL ZONE MANAGEMENT PROGRAM FOR FEDERALLY LICENSED OR PERMITTED ACTIVITIES Federal Application Number: 2000-4-00377 Applicant: City of Renton Project Description: Higate Liftstation Elimination Project. Install approximately 1044 linear feet of 8" PVC sanitary sewer main to eliminate an existing sewer liftstation which has reached the end of its life cycle. Approximately 814 linear feet of the main line will be placed in a Class H wetland. The wetland is approximately 5040 linear feet upstream from Lake Washington. (attach site plans, location (county/city), and proximity to waterbody (name)) This action under CZMA§307(c)(3) is for a project that will take place within Washington's coastal zone or which will affect a land use, water use, or natural resource of the coastal zone. (The coastal zone includes all parts of Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum, and Whatcom counties.) The project complies with the following enforceable policies of the Coastal Zone Management Program: 1. Shoreline Management Act (SMA): Is outside of SMA jurisdiction Applied for shoreline permit Has a valid shoreline permit Has received an SMA Exemption 2. State Water Quality Requirements: Does not require water quality permits Applied for water quality certification Has received water quality certification Applied for stormwater permit Has received stormwater permit 3. State Air Quality Requirements: Does not require air quality permits Applied for Air Quality permit Has an Air Quality permit 4. State Environmental Policy Act: Project is exempt from SEPA SEPA checklist submitted SEPA decision issued/adopted NEPA decision adopted by lead agency to satisfy SEPA (X) ( being reviewed by ( )# issued by on ( )# issued by on (X) O ( )# issued on ( )# issued on ( )# issued on (X) ( )# being reviewed by ( )# issued by SEPA Lead Agency is: City of Renton O (X) date February 4, 2000 ( )DNS (X) MDNS () EIS () Other :date March 7, 2000 ()SEPA # date Public Notice for this proposed project was provided through: (X) notices mailed to interested parties using King County Tax Assessors records mailing list on February 15, 2000(date). () publication in South County Journal (newspaper) on February 15, 2000(dates). () other (include dates) Local area posters posted on February 21, 2000. Therefore, I certify that this project complies with the enforceable policies of Washington's approved Coastal Zone Mana nt Pro am and will be conducted in a manner consistent with that program. Signature: Date: y Obo / CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA-99-088,ECF APPLICANT: City of Renton; Utilities Division (John Hobson) PROJECT NAME: Higate Lift Station Elimination DESCRIPTION OF PROPOSAL: The Utilities Division of the P/B/PW Department is proposing to eliminate the Higate sewer lift station and replace it with a gravity sewer system. The project site consists of two existing City held easements totaling 30 feet in width (15-foot wide utility easement & overlying 30-foot wide construction easement), which cross three separate properties. The site is designated Residential — 8 dwelling units per acre (R-8) on the City of Renton's Zoning Map. The proposed use of the site, as a "small utility," is considered an outright permitted use in the R-8 zone. The new 8-inch gravity sewer line will extend north from NE 20th Street for 646 feet, then turn west at a right angle. The line is proposed to continue west for 440 feet where it will connect to an existing sanitary sewer manhole located in Jones Avenue NE. The project also includes the placement of four new sewer manholes as well as the restoration of disturbed areas (vegetation and asphalt). Approximately 814 linear feet of the proposed sewer line would be located within a Category 2 wetland in w its 50-foot land and wetland buffer areasion to the , thereby exempting g the projecand regulations t from wetland compensation s been requested In order to allow the proposed activity requirements. LOCATION OF PROPOSAL: 1800 NE 20"h Street and 2010 & 2120 Jones Avenue NE LEAD AGENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM March 27, 2000. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Code Section 4-8- tarWA 8regarding Appeals Examiner eiby Renton Municipal . ddionlinformaonhe appeal process may bobtandfromheRenton City Clerk's Office, (425) 430- 6510. PUBLICATION DATE: March 13, 2000 DATE OF DECISION: March 7, 2000 TURES: � DA E 7 D/TE74 f DATE, LGC YYf 16cIGl, I u ,..... Renton Fire Department' eresignature CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) MITIGATION MEASURES APPLICATION NO(S): LUA-99-088,ECF APPLICANT: City of Renton; Utilities Division (John Hobson) PROJECT NAME: Higate Lift Station Elimination DESCRIPTION OF PROPOSAL: The Utilities Division of the P/B/PW Department is proposing to eliminate the Higate sewer lift station and replace it with a gravity sewer system. The project site consists of two existing City held easements totaling 30 feet in width (15-foot wide utility easement & overlying 30- foot wide construction easement), which cross three separate properties. The site is designated Residential — 8 dwelling units per acre (R-8) on the City of Renton's Zoning Map. The proposed use of the site, as a "small utility," is considered an outright permitted use in the R-8 zone. The new 8-inch gravity sewer line will extend north from NE 20th Street for 646 feet, then turn west at a right angle. The line is proposed to continue west for 440 feet where it will connect to an existing sanitary sewer manhole located in Jones Avenue NE. The project also includes the placement of four new sewer manholes as well as the restoration of disturbed areas (vegetation and asphalt). Approximately 814 linear feet of the proposed sewer line would be located within a Category 2 wetland and its 50-foot buffer. A modification to the wetland regulations has been requested in order to allow the proposed activity in wetland and wetland buffer areas, thereby exempting the project from wetland compensation requirements. LOCATION OF PROPOSAL: 1800 NE 201" Street and 2010 & 2120 Jones Avenue NE MITIGATION MEASURES: 2 The applicant shall follow the recommendations contained within the Subsurface Investigation and Geotechnical Engineering Report for the Higate Sewer Project, dated January 12, 2000, prepared by Golder Associates. The applicant shall follow the conceptual mitigation recommendations contained within the Higate Sewage Lift Station Wetland Delineation Report, dated December 1996, prepared by Entranco, Inc. HIGATE LIFT STATION ELIMINATION VICINITY MAP GAiifO �- ��p P • 3TAiCti O� P Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 John Hobson City of Renton MAY 4 2000 5,h Floor, 1055 South Grady Way Renton, Washington 98.055 Dear Mr. Hobson: �L1rVED MAY - 5 2000 CITY OF RENTO 0Tk1T-YSySTEMSN Reference: 2000-1-00377 Renton, City of We have received the application you submitted on behalf of the City of Renton, for a Department of the Army permit to insta°I a sewer line across 776 feet of a north Renton wetland. Our file number for this case is 2000-4-00377. The work will eventually be authorized by a Nationwide Permit (NWP), probably NWP 12. Before we decide on that, I need a bit more information. In May 1999, Puget Sound Chinook salmon —a fish species that uses the waters of Lake Washington below your project site —was listed as "threatened" under the Endangered Species Act. The listing was followed by others, and all work we authorize that could possibly affect a listed species must undergo increased scrutiny. For cases like yours, we need a document prepared which we call a "Biological Evaluation" to discuss the work's effect upon listed species. A bit later, we may give copies of the BE to the US Fish and Wildlife Service and the National Marine Fisheries Service, and obtain their concurrence with the BE's conclusions about effects on the listed species. Enclosure 1 is the guidance we give all applicants who need BEs prepared. Information about the effects of the work upon the listed species is more important than is blind adherence to the format. That is especially true in this case. More than a rehash of the life cycle of bull trout, for example, we need a discussion about the wetland, where its water comes from, where it goes, and construction -related runoff controls. We want to know if excavation generated silt will get down to Lake Washington, the path it would take, and the itneasures that will minimize or eliminate the export of silt. Your BE should stress the location and function of the wetland in its watershed, and construction -related effects upon listed species using Lake Washington —bull trout and Chinook salmon. That is more important than getting a correct answer to the "action area" section of the BE ("the waters of Lake Washington and else where within the project's watershed within 3000 feet of the construction site" might be sufficient for the latter). You can prepare the BE, you can have another person or a consultant prepare it. If you have any questions, please call me at (206) 764-6907. , Si Enclosure ;Kennedy ulatory P oject Manager CENW S-OD-RG Version: 29 March 2000 DRAFT GUIDANCE for Preparation of a Biological Evaluation (BE) or Biological Assessment (BA) This outline is to serve as a guide for the preparation of average Biological Eva luationsBiological Assessments (BEsBAs) required for consultation under the Federal Endangered Species Act (ESA). The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) administer the ESA, and all Federal action agencies must comply with it. Informal consultation (submission of a BE) is geared to demonstrate to the Services that impacts to listed species are insignificant and/or discountable, and if the Services agree they will write a concurrence letter. After formal consultation (submission of a BA), the Services will write a Biological Opinion (BO). Because the U.S. Army Corps of Engineers (Corps) may need to edit the BE/BA, and because much of the information from a BA is transposed into the Services' BO, we recommend that applicants provide us with a copy of the BE/BA on disk, if possible While the Corps requires that applicants prepare BEs and BAs when at all possible, we encourage them or their consultants to first work with us on definin.; scope (note caveats in bold below). I. Project Description A. Project Location: City, county, State, township, range and section number. Provide vicinity maps. B. Project Description: Describe the proposed project (briefly) and also methods and timing of construction to be employed in building the project (in detail). The idea is to identify actions that could affect the species or critical habitat in sufficient detail to allow an assessment of potential impacts. Consider actions such as vegetation removal, temporary or permanent elevations in noise level, channel modifications, hydrological or hydraulic alterations, etc. Include secondary impacts such as access roads, power lines etc. Provide project drawings. (coordinate with the Corps PM on scope for this) C. Define the Action Area: The action area includes all areas at and around the project that would be affected directly or indirectly by the activity for which you are seeking a Corps permit, and not just the immediate area involved in the action. That is, it may consist of the footprint of the action or it may be larger. (Direct effects are those caused by the action and occur at the same time and place. Indirect effects are those caused by the proposed action and are later in time, but still are reasonably certain to occur.) The Corps' project manager will define the action area. (coordinate with the Corps PM on this) II. Species and Habitat Information: Utilize information obtained from local biologists pertinent literature, and other knowledgeable sources. A. Species Information: Identify each affected species, including terrestrial species in the action area, and indicate whether or not there is designated critical habitat. Describe the species utilization within the action area, such as spawning, breeding, rearing, over -wintering, or travel corridor (migration). Discuss the species status in the action area and range -wide. Do not include detailed life histories. If proposed species and/or proposed critical habitat are also present they must be included in the BE/BA. Depending upon the scale of the potential impacts and the project's timeline you may elect to include candidate species. (check with Corps in determining which species are to be included in BE/BA) B. Survey Results: When surveys are conducted, describe timing and method as well as the results. (applicant conducts and describes surveys in BA, but Corps and the Services determine need; Corps coordinates with the Services for timing and protocol of surveys) C. Existing Environmental Conditions (Environmental Baseline): Include description of species habitat within the action area that may be directly or indirectly affected by the project. Describe plant communities, present land use, water quality, flow and current patterns, depth, substrate, slope, presence of prey species and/or prey species habitat, refugia, etc. Discuss whether the affected environment within the action area is degraded or not, and to what extent. The matrices mentioned in III.A. below may help you identify environmental parameters to discuss. III. Effects of the Action A. Effects Analysis: Describe the direct and indirect and secondary effects of the action on the protected species and critical habitat within the action area. Consider the impact to both individuals and the population. Discuss the short-term, construction -related, impacts as well as the long-term and permanent effects. With regard to critical habitat, depending on the species, include habitat alterations to essential features such as spawning sites, loss of prey or food sources, water quality and quantity, riparian vegetation, loss of nesting or breeding habitat or cover. Address the timing of the disturbances relative to the life history of the species in the action area, particularly nesting or spawning periods. It behooves applicants to avoid or minimize impacts as much as possible. If the Services can concur with a Not Likely To Adversely Affect (NLAA) determination, this informal process is much quicker than a formal consultation. Key goals are to avoid causing a "take" of any listed species and to avoid causing a net degradation of the environmental baseline for those species. For BEs, the analysis must include consideration of the interrelated and interdependent effects of the actions, and, additionally, for BAs must include consideration of cumulative effects. For the purposes of the Endangered Species Act, cumulative impacts are defined as all future State, local, or private activities that are reasonably certain to occur within the action area of the project under consultation. The analysis does not include future Federal activities unrelated to the proposed action, as those impacts will be subject to separate consultation. Interdependent actions are those which have no independent utility apart from the action being considered. Interrelated actions are activities that are part of the larger action and depend on the larger action for their justification. For fish species, discuss and/or provide a matrix for the various environmental pathways and indicators of effect. For further guidance on this, see the NMFS' "A Guide to Biological Assessments," revised March 23, 1999, and the FWS' "A Framework to Assist in Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Bull Trout Subpopulation Watershed Scale," February 1998. B. Take Analysis: Assess and describe the potential for "incidental take." Take of a listed species means to harass, pursue, hunt, shoot, wound, trap, capture, or collect or attempt to engage in any such conduct. "Incidental take" may occur if a species may be harmed or harassed, etc., in the conduct of your work though you intend it no harm. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavioral patters which include, but are not limited to, breeding, feeding, or sheltering. Take applies only to individuals of a species, not to a species habitat or to designated critical habitat. The take prohibition does not extend to proposed or candidate species. If you do intend to "take" species for scientific study or other purpose as part of your action, you must apply to the appropriate Service for an ESA Section 10 permit. Incidental take is the "take" of individuals of a listed species that results from, but is not the purpose of, carrying out an otherwise lawful activity. Incidental take may be authorized through formal ESA Section 7 consultation. C. Conservation Measures: These are measures that would reduce or eliminate the adverse impacts of the proposed activity, particularly measures to be taken to reduce the likelihood of take. The measures need to be as specific as possible. Include a discussion of alternative construction methods and/or site locations considered. Alternatives may include alterations in the proposed activity such as timing restrictions or changes in project features or location which are intended to reduce impacts, or Best Management Practices you intend to implement. D. Determination of Effect: Summary of impacts concluding with statement(s) of effect, by species. Even projects that are intended to benefit the species might have short-term adverse impacts and those must be addressed. Only the following determinations are valid for listed species: No Effect (NE); Not Likely to Adversely Affect (NLAA); Likely to Adversely Affect (LAA). The determination must consider impacts both to the species and critical habitat. Only one finding is made for the species and habitat, even if the project may have beneficial as well as detrimental affects (beneficial effects do not fall under the NE determination). Therefore, even projects that ultimately benefit the species may be found to have an adverse affect, due to construction impacts. For proposed species, the finding is either Jeopardy or No Jeopardy. For critical habitat the finding is will or will not adversely modify or destroy critical habitat. (The Corps makes the official agency determination. We generally do not consult or request concurrence from the Services for No Effect determinations, though there are exceptions. The Services will either concur or not with the other determination(s) and, if necessary, write a BO.) IV. References V. Appendices (as needed): Such as condensed life histories, results of studies, results of water or sediment quality testing, drawings, photos, etc. The Corps will attach detailed life histories, if needed. (The Services and the Corps find it extremely helpful to have color photos of the existing project site included in the BE/BA, and this can serve to expedite our review of the environmental baseline and impacts.) Vt4T of TfA S'Al Ei Of P��p • Regulatory Branch DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 John Hobson City of Renton 5`h Floor, 1055 South Grady Way Renton, Washington 98055 Dear Mr. Hobson: MAY - 5 2000 C1TY OF REN7 M/LITYsYsrEAis N Reference: 2000-1-00377 Renton, City of We have received the application you submitted on behalf of the City of Renton, for a Depa irtr nerit of the .army permit to insta'! a ::ewer line acr,,ss 776 feet of a north � Rentor, wetland. Our file number for this case is 2000-4-00377. The work will eventually be authorized by a Nationwide Permit (NWP), probably NWP 12. Before we decide on that, I need a bit more information. In May 1999, Puget Sound Chinook salmon —a fish species that uses the waters of Lake Washington below your project site —was listed as "threatened" under the Endangered Species Act. The listing was followed by others, and all work we authorize that could possibly affect a listed species must undergo increased scrutiny. For cases like yours, we need a document prepared which we call a "Biological Evaluation" to discuss the work's effect upon listed species. A bit later, we may give copies of the BE to the US Fish and Wildlife Service and the National Marine Fisheries Service, and obtain their concurrence with the BE's conclusions about effects on the listed species. Enclosure 1 is the guidance we give all applicants who need BEs prepared. Information about the effects of the work upon the listed species is more important than is blind adherence to the format. That is especially true in this case. More than a rehash of the life cycle of bull trout, for example, we need a discussion about the wetland, where its water comes from, where it goes, and construction -related runoff controls. We want to know if excavation generated silt will get .A -...n 1.... \'la-L:r to in 1_ 'L .IJ ♦ak-e J L:+- _ 'L..L "1 (1^;.- rr. UVVVI I rl.i LanC V vdJl ill iyiUi I, ti lIt I.iaU I IE VVGuiU ld� b, an,iJ f1 IC I I ICa Slii c5 U Idt VVlil 11111 i11 � iiLC yr eliminate the export of silt. Your BE should stress the location and function of the wetland in its watershed, and construction -related effects upon listed species using Lake Washington —bull trout and Chinook salmon. That is more important than getting a correct answer to the "action area" section of the BE ("the waters of Lake Washington and else where within the project's watershed within 3000 feet of the construction site" might be sufficient for the latter). You can prepare the BE, you can have another person or a consultant prepare it. If you have any questions, please call me at (206) 764-6907. Sin er'ely I J k Kenned egulatory Project Manager Enclosure CENWS-OD-RG Version: 29 March 2000 DRAFT GUIDANCE for Preparation of a Biological Evaluation (BE) or Biological Assessment (BA) This outline is to serve as a guide for the preparation of average Biological Evaluations/Biological Assessments (BEs/BAs) required for consultation under the Federal Endangered Species Act (ESA). The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) administer the ESA, and all Federal action agencies must comply with it. Informal consultation (submission of a BE) is geared to demonstrate to the Services that impacts to listed species are insignificant and/or discountable, and if the Services agree they will write a concurrence letter. After formal consultation (submission of a BA), the Services will write a Biological Opinion (BO). Because the U.S. Army Corps of Engineers (Corps) may need to edit the BE/BA, and because much of the information from a BA is transposed into the Services' BO, we recommend that applicants provide us with a copy of the BE/BA on disk, if possible. While the Corps requires that applicants prepare BEs and BAs when at all possible, we encourage them or their consultants to first work with us on de_finin scope (note caveats in bold below). I. Project Description A. Project Location: City, county, State, township, range and section number. Provide vicinity maps. B. Project Description: Describe the proposed project (briefly) and also methods and timing of construction to be employed in building the project (in detail). The idea is to identify actions that could affect the species or critical habitat in sufficient detail to allow an assessment of potential impacts. Consider actions such as vegetation removal, temporary or permanent elevations in noise level, channel modifications, hydrological or hydraulic alterations, etc. Include secondary impacts such as access roads, power lines etc. Provide project drawings. (coordinate with the Corps PM on scope for this) C. Define the Action Area: The action area includes all areas at and around the project that would be affected directly or indirectly by the activity for which you are seeking a Corps permit, and not just the immediate area involved in the action. That is, it may consist of the footprint of the action or it may be larger. (Direct effects are those caused by the action and occur at the same time and place. Indirect effects are those caused by the proposed action and are later in time, but still are reasonably certain to occur.) The Corps' project manager will define the action area. (coordinate with the Corps PM on this) II. Species and Habitat Information: Utilize information obtained from local biologists, pertinent literature, and other knowledgeable sources. A. Species Information: Identify each affected species, including terrestrial species in the action area, and indicate whether or not there is designated critical habitat. Describe the species utilization within the action area, such as spawning, breeding, rearing, over -wintering, or travel corridor (migration). Discuss the species status in the action area and range -wide. Do not include detailed life histories. If proposed species and/or proposed critical habitat are also present they must be included in the BE/BA. Depending upon the scale of the potential impacts and the project's timeline you may elect to include candidate species. (check with Corps in determining which species are to be included in BE/BA) B. Survey Results: When surveys are conducted, describe timing and method as well as the results. (applicant conducts and describes surveys in BA, but Corps and the Services determine need; Corps coordinates with the Services for timing and protocol of surveys) C. Existing Environmental Conditions (Environmental Baseline): Include description of species habitat within the action area that may be directly or indirectly affected by the project. Describe plant communities, present land use, water quality, flow and current patterns, depth, substrate, slope, presence of prey species and/or prey species habitat, refugia, etc. Discuss whether the affected environment within the action area is degraded or not, and to what extent. The matrices mentioned in III.A. below may help you identify environmental parameters to discuss. III. Effects of the Action: A. Effects Analysis: Describe the direct and indirect and secondary effects of the action on the protected species and critical habitat within the action area. Consider the impact to both individuals and the population. Discuss the short-term, construction -related, impacts as well as the long-term and permanent effects. With regard to critical habitat, depending on the species, include habitat alterations to essential features such as spawning sites, loss of prey or food sources, water quality and quantity, riparian vegetation, loss of nesting or breeding habitat or cover. Address the timing of the disturbances relative to the life history of the species in the action area, particularly nesting or spawning periods. It behooves applicants to avoid or minimize impacts as much as possible. If the Services can concur with a Not Likely To Adversely Affect (NLAA) determination, this informal process is much quicker than a formal consultation. Key goals are to avoid causing a "take" of any listed species and to avoid causing a net degradation of the environmental baseline for those species. For BEs, the analysis must include consideration of the interrelated and interdependent effects of the actions, and, additionally, for BAs must include consideration of cumulative effects. For the purposes of the Endangered Species Act, cumulative impacts are defined as all fixture State, local, or private activities that are reasonably certain to occur within the action area of the project under consultation. The analysis does not include future Federal activities unrelated to the proposed action, as those impacts will be subject to separate consultation. Interdependent actions are those which have no independent utility apart from the action being considered. Interrelated actions are activities that are part of the larger action and depend on the larger action for their justification. For fish species, discuss and/or provide a matrix for the various environmental pathways and indicators of effect. For further guidance on this, see the NMFS' "A Guide to Biological Assessments," revised March 23, 1999, and the FWS' "A Framework to Assist in Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Bull Trout Subpopulation Watershed Scale," February 1998. B. Take Analysis: Assess and describe the potential for "incidental take." Take of a listed species means to harass, pursue, hunt, shoot, wound, trap, capture, or collect or attempt to engage in any such conduct. "Incidental take" may occur if a species may be harmed or harassed, etc., in the conduct of your work though you intend it no harm. Harm is further defined to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavioral patters which include, but are not limited to, breeding, feeding, or sheltering. Take applies only to individuals of a species, not to a species habitat or to designated critical habitat. The take prohibition does not extend to proposed or candidate species. If you do intend to "take" species for scientific study or other purpose as part of your action, you must apply to the appropriate Service for an ESA Section 10 permit. Incidental take is the "take" of individuals of a listed species that results from, but is not the purpose of, carrying out an otherwise lawful activity. Incidental take may be authorized through formal ESA Section 7 consultation. C. Conservation Measures: These are measures that would reduce or eliminate the adverse impacts of the proposed activity, particularly measures to be taken to reduce the likelihood of take. The measures need to be as specific as possible. Include a discussion of alternative construction methods and/or site locations considered. Alternatives may include alterations in the proposed activity such as timing restrictions or changes in project features or location which are intended to reduce impacts, or Best Management Practices you intend to implement. D. Determination of Effect: Summary of impacts concluding with statement(s) of effect, by species. Even projects that are intended to benefit the species might have short-term adverse impacts and those must be addressed. Only the following determinations are valid for listed species: No Effect (NE); Not Likely to Adversely Affect (NLAA); Likely to Adversely Affect (LAA). The determination must consider impacts both to the species and critical habitat. Only one finding is made for the species and habitat, even if the project may have beneficial as well as detrimental affects (beneficial effects do not fall under the NE determination). Therefore, even projects that ultimately benefit the species may be found to have an adverse affect, due to construction impacts. For proposed species, the finding is either Jeopardy or No Jeopardy. For critical habitat the finding is will or will not adversely modify or destroy critical habitat. (The Corps makes the official agency determination. We generally do not consult or request concurrence from the Services for No Effect determinations, though there are exceptions. The Services will either concur or not with the other determination(s) and, if necessary, write a BO.) IV. References V. Appendices (as needed): Such as condensed life histories, results of studies, results of water or sediment quality testing, drawings, photos, etc. The Corps will attach detailed life histories, if needed. (The Services and the Corps find it extremely helpful to have color photos of the existing project site included in the BEBA, and this can serve to expedite our review of the environmental baseline and impacts.) DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 OFFICIAL BUSINESS T ti •,�; MAY -a•o0 -0.33 o7a�a� Y a JOHN HOBSON CITY OF RENTON 1055 S GRADY WAY 5TH FLOOR RENTON WA 98055 f Ti ! f f I! T i f 1 1 9�U 3— rG 6L �3 li!l!!I!!l!11f!ffl!1T!I!1!!!f1!!fllhill flilt 1!1!1!!I!iff! !