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December 16, 2005 CAG-06-015
Gregg Zimmerman, Public Works Director
City of Renton
1055 South Grady Way
Renton, WA 98055
Dear Mr. Zimmerman:
Re: Concurrence Letter
Springbrook Wetland and Habitat Mitigation Bank:
Upcoming agreements for signature and approval by the Renton Mayor and City Council
The City of Renton (City) and the Washington State Department of Transportation (WSDOT) are
co-sponsors in developing the Springbrook Wetland and Habitat Mitigation Bank (Bank). The
mitigation design, prepared by the co-sponsors over the last several years, is now nearing 100-
percent completion (at the time of this letter, a 90-percent design review is underway).
The mitigation design includes developing 130 acres of Renton-owned property as a wetland
and habitat mitigation bank. The concept for the proposed Bank includes creating, restoring,
and enhancing wetland areas, riparian corridors, upland habitat, and wildlife habitat and
corridors. The proposed Bank accounts for future City infrastructure needs like roads and
utilities. The design also incorporates a planned Springbrook Trail connection.
The Bank is on a fast-track to begin construction. However, final Bank approval requires
numerous agreements between the co-sponsors and the Bank Oversight Committee (BOC).
These agreements are nearing final drafts for BOC review and signature. The goal is to have
the BOC signature, followed by co-sponsor signatures, in March 2006. As the agreements near
their final revisions in preparation for signature, I would like to clarify the upcoming agreements:
(1) BOC/Co-Sponsor Memorandum of Agreement. The purpose of this Memorandum of
Agreement is to establish guidelines and responsibilities for establishing, using, operating, and
managing the Bank. The Bank will be used for compensatory mitigation for unavoidable
impacts to waters of the United States, including wetlands, which result from activities
authorized under Section 404 and Section 401 of the Clean Water Act, and RCW ch. 90.48,
provided such use has met all applicable requirements and is authorized through valid permits
issued by the U.S. Army Corps of Engineers and the Washington State Department of Ecology,
and by other applicable authorities. This agreement summarizes components of the
WSDOT/City of Renton agreement and the Mitigation Banking Instrument (MBI). It also outlines
the responsibilities of the BOC. The U.S. Army Corps of Engineers is taking the lead on this
agreement to provide additional assurance and clarification of the MBI.
(2) Mitigation Banking Instrument (MBI). The MBI describes the project design concepts, the
design rationale papers, restoration treatments, credit release schedule, and site management
plan. All agreements and easements are included in the MBI appendices.
Gregg Zimmerman, Public Woi;,,,)irector `UW
City of Renton
Page 2
December 16,2005
(3) City/WSDOT Agreement. This agreement between the co-sponsors outlines the roles and
responsibilities of each co-sponsor for design, construction, site management, credit share, and
funding of the Bank.
(4) Conservation Easement. The purpose of the conservation easement is to provide
protection of the Bank in perpetuity. The easement will be recorded in King County,
Washington to ensure that the site can never be modified without written consent of the
signatory agencies. By signing and recording of the Conservation Easement, the City agrees
that the Bank property will be held subject to the conditions of the BOC/Co-Sponsor Agreement
and the MBI, and in accordance with the restrictions contained in the conservation easement.
Concurrence
This project demonstrates a high level of cooperation between the City and WSDOT. As we
enter into final discussions of the various agreements, I want to confirm, by signing below, that
the City is comfortable with the draft agreement language sent to the BOC for its review and
signature. As Bank co-sponsors, the City and WSDOT agree to sign the agreements after
receiving BOC signatures as long as the BOC review and its potential changes to the
agreements do not alter the basic agreement principles. If the BOC does change the basic
agreement principles, the co-sponsors will work together expeditiously to find and/or negotiate
agreeable solutions with the BOC.
Sincerely,
Craig J. Stone, P.E., II- Project Director
City of Renton Concurrence: ,Q
O(p Attest: !VB'1(ilt�l!i lot! CU -0�'c�
Kathy teeolker Date Bonnie I. Walton Date
Mayor, City of Renton City Clerk -111b1a6 6
Attachments: WSDOT/City of Renton Springbrook Creek Wetland and Habitat Mitigation Bank
Agreement
MOU of Agreement Banking Oversight Committee/Co-Sponsors Springbrook
Creek Wetland and Habitat Mitigation Bank
Draft Copy—Conservation Easement
cc: Administrators Executive Committee members
City Design Team members
CJS:sct