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Home My WebLink AboutContract �L.17'F'i \�`� F. � � ^ t- �� .] f'+�n' f T `t " i7 ;• V" p y',1 ]h Il4�.'�� IT`'�'3, �A@ m Alr;�Aly �'�� 4�� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY A�� `�� PO Box�7600 • Olympia, W,4 98504-7600 • 360-407-6000 ";;�yQ��-�-0� TTY 711 or 800-833-6388(for the speech or hearing impaired) �;T��E��'SYS;:.�� August 10, 2006 REGISTERED MAIL Washington State Department of Transportation I-405 Project Office Attn: Allison Ray 600 108�'Avenue NE, Suite 405 Bellevue, WA 98004 City of Renton Surface Water Utility Attn: Ron Straka, P.E. Renton City Hall, Sth Floor 1055 South Grady Way Renton, WA 98055 RE: Water Quality Certification Order#3432 and Coastal Zone Management consistency determination for Corps Public Notice No. 200600100 for the S rin brook Creek Wetland and Habitat Miti ation Bank to re-establish, P g g rehabilitate, and enhance a wetland and riparian complex on 129 acres connecting directly to Springbrook Creek in the City of Renton,King County,Washington. Dear Ms. Ray and Mr. Straka: On January 20, 2006, the Washington State Department of Transportation (WSDOT) and the City of Renton submitted a Joint Aquatic Resource Permit Application(JARPA)to the Department of Ecology(Ecology) requesting a Section 401 Water Quality Certification under the federal Clean Water Act for the proposed Springbrook Creek Wetland and Habitat Mitigation Bank. The project proposes to construct and operate a 129-acre mitigation bank that includes portions of 5 different Units (Units A, B, C, D, and E)by re-establishing 17.79 acres of wetlands, rehabilitating 52.16 acres of wetland, enhancing 32.55 acres of wetland, enhancing 7.80 acres of upland, and enhancing 6.55 acres of riparian upland adjacent to Springbrook Creek. The project also proposes to connect wetland to Springbrook Creek within several of these areas. On behalf of the State of Washington, Ecology certifies that the work proposed in the JARPA Ecology received on January 20, 2006, and as updated on Apri19, 2006, and the public notice complies with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean i� �• Water Quality Certification Or 3432 I�, ' 8/10/2006 Page 2 ' Water Act, as amended, and other appropriate requirements of state law. This certification is subject to the conditions contained in the enclosed Order. On March 1, 2006, WSDOT submitted to Ecology a Certification of Consistency with the 'I , Washington State Coastal Zone Management Program(CZMP). Pursuant to Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended, Ecology concurs with WSDOT's determination that this work is consistent with the approved Washington State CZMP. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the CZMP, including Section 401 of the federal Water Pollution Control Act. This letter also serves as a State response to the Corps of Engineers' Public Notice. The enclosed , Order may be appealed by following the procedures described in the Order. If you have any questions,please contact Rebecca Ponzio,the Federal Project Coordinator for , this project, at(425) 649-7181 or roon461(�a,ecv.wa.�ov. Sincerely, � G Brenden McFarland, Section Manager Shorelands and Environmental Assistance Program cc: Terry Drochak, Transportation Sandra Manning, Corps Rebecca McAndrew, Corps John Maas, Trans ortation P Christina Martinez, Transportation � Don Ponder, WDFW Jim Fraser, WDFW Kim Harper, Ecology Jerry Shervey, Ecology ' Joan Cabreza, EPA Emily Teachout, USFWS Gail Terzi, Corps Gretchen L�, Ecology e-cc: Penny Keys, Ecology ' Loree' Randall, Ecology I � , IN THE MATTER OF GRANTING A ) ORDER#3432 WATER QUALITY ) Corps Reference No.200600100 CERTIFICATION TO ) Create a 129-acre wetland mitigation bank by re- Washington State Department of ) establishing,rehabilitating, and enhancing Transportation and the City of Renton ) wetlands and riparian complex. The project will in accordance with 33 U.S.C. 1341 ) be connecting directly to Springbrook Creek in (FWPCA § 401), RCW 90.48.120, RCW ) the City of Renton, King County, Washington. 90.48.260 and Chapter 173-201A WAC ) ) TO: Washington State Department of Transportation I-405 Project Office Attn: Allison Ray 600 108�`Avenue NE, Suite 405 Bellevue, WA 98004 ' City of Renton Surface Water Utility Attn: Ron Straka, P.E. Renton City Hall, S�h Floor 1055 South Grady Way � Renton, WA 98055 On January 20, 2006 the Washington State Department of Transportation(WSDOT)and the City of Renton(the City) submitted a Joint Aquatic Resource Permit Application(JARPA)to the Department of Ecology(Ecology)requesting a Section 401 Water Quality Certification. A public notice regarding the request was distributed by the U.S. Army Corps of Engineers (Corps) for the above-referenced ro'ect ursuant to the rovisions of Cha ter 173-225 WAC on March P J P P P 13, 2006. I The ro osed ro'ect entails constructin and o eratin a 129-acre miti ation bank that includes P P P J g P g g converting portions of five units (Units A, B, C, D, and E)of open space within the City of Renton to wetlands. The project involves re-establishing 17.79 acres of wetlands,rehabilitating 52.16 acres of wetland, enhancing 32.55 acres of wetland, enhancing 7.80 acres of upland, and enhancing 6.55 acres of riparian upland adjacent to Springbrook Creek. Within several of these areas,the project proposes to connect wetlands to Springbrook Creek. The wetland re- establishment and rehabilitation activities will include excavating major portions of Units C and E; breaching the berms adjacent to Springbrook Creek in Units A and B; diverting an additional water source onto Unit D; installing a weir on Unit C; removing invasive species and installing native woody vegetation in all units; and installing habitat structures in all units. Some in-water work is associated with these activities. A quarter-mile-long trail will also be constructed in Unit A and will include an eight-foot-wide elevated boardwalk trail and a 40-foot-wide protection setback on both sides of the trail. The Bank will be constructed over a two-year period, although the trail may be installed subsequently. � Order#3432, Corps No. 200C �0 ' August 10, 2006 Page 2 of IO The Springbrook Creek Wetland and Habitat Mitigation Bank Instrument(MBI) includes the detailed implementation plan for the establishment and operation of the Bank. A separate Memorandum of Agreement(MOA)describes the legal agreements made by the permitees and the signatory agencies for the Bank. The proposed work will take place within the City of Renton in King County, Washington; within, adjacent to or near Springbrook Creek, within the Black River Basin in the Green- Duwamish Watershed, Water Resource Inventory Area(WRIA) 9. The project area includes portions of Sections 25 and 36, Township 23N, Range 4E; and Section 30, Township 23N, Range SE. The five units are located as follows: • Unit A is 26 acres and is located between SW 27t" Street and SW 30�` Street, west of Lind Avenue and east of and adjoining Springbrook Creek. The southern boundary is undeveloped right of way adj acent to developed light industrial zoned property. • Unit B is 36.4 acres in size and is located immediately south of SW 27th Street, adjacent to and west of Springbrook Creek, east of Oakesdale Avenue SW, and north of a commercial development. • Unit C encompasses 47.7 acres and is located east of the Burlington Northern Santa Fe (BNSF)railroad right of way and west of Oakesdale Avenue SW.North of Unit C is undeveloped land and south of Unit C is a BNSF railroad facility and undeveloped property. Unit C is west of Unit B across Oakesdale Avenue SW. • Unit D is a 5.5-acre site located immediately north of a City of Tukwila wetland mitigation site adjacent to SW 43`d Street. It is bordered on the west and north by BNSF right of way and to the east by developed light industrial zoned property. Unit D is about 0.4 mile south of Unit C. • Unit E is a 14.7 acre property located south of developed light industrial zoned land and SW 34th Street,northwest of Springbrook Creek, and east of Oakesdale Avenue SW. Unit E is upstream of Units A and B on Springbrook Creek by about 0.3 mile. AUTHORITIES In exercising authority under 33 U.S.C. § 1341, 16 U.S.C. § 1456, RCW 90.48.120, and RCW 90.48.260, Ecology has examined this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. §§1311, 1312, 1313, 1316, and 1317 (FWPCA §§ 301, 303, 306 and 307); 2. Conformance with the state water quality standards contained in Chapter 173-201A WAC and authorized by 33 U.S.C. §1313 and by Chapter 90.48 RCW, and with other applicable state laws; and � i � Order#3432, Corps No. 200� ►0 ' August 10, 2006 Page 3 of 10 3. Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. WATER QUALITY CERTIFICATION CONDITIONS Through issuance of this Order, Ecology certifies that it has reasonable assurance that the activity as proposed and conditioned will be conducted in a manner that will not violate applicable water quality standards and other appropriate requirements of state law. In view of the foregoing and in accordance with 33 U.S.C. §1341, RCW 90.48.120, RCW 90.48.260 Chapter 173-200 WAC and Chapter 173-201A WAC, water quality certification is granted to the Applicants subject to the conditions within this Order. Certification of this proposal does not authorize the Applicants to exceed applicable state water quality standards (Chapter 173-201A WAC), ground water quality standards (Chapter 173-200 WAC)or sediment quality standards (Chapter 173-204 WAC). Furthermore, nothing in this certification shall absolve the Washington State Department of Transportation and the City of Renton from liability for contamination and any subsequent cleanup of surface waters, ground waters or sediments occurring as a result of project construction or operations. A. General Conditions 1. For purposes of this Order,the term"Applicants" shall mean the Washington State Department of Transportation and the City of Renton, and its agents, assignees and contractors. 2. For purposes of this Order, all submittals required as conditions shall be sent to Ecology's Northwest Regional Office,Attn: Federal Project Coordinatar—MAP Team, 3190 160tn Avenue SE, Bellevue, WA 98008 or via e-mail (preferred), if possible, to the Coordinator assigned to this project.Notifications shall be made via phone and/or e-mail (preferred). All submittals and notifications shall be identified with Order No. 3432 and include the Applicant's name,project name,project location,the project conta.ct and the contact's phone number. 3. Work authorized by this Order is limited to the work described in the JARPA received by Ecology on January 20, 2006 and as updated by the Apri19, 2006 JARPA. The Applicants will be out of compliance with this Order and must reapply with an updated application if the information contained in the JARPA is voided by subsequent changes to the project not authorized by this Order. 4. Within 30 days of receipt of an updated JARPA Ecology will determine if the revised project requires a new Water Quality Certification and public notice or if a modification to this Order is required. 5. This Order shall be rescinded if the Corps does not issue a Section 404 permit. ', ' Order#3432, Corps No. 200� �0 ' August 10, 2006 Page 4 of IO 6. This Order does not exempt, and is provisional upon, compliance with other statutes and codes administered by federal, state, and local agencies. 7. Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel,the construction superintendent, construction managers and lead workers, and state and local government inspectors. 8. The Applicants shall provide access to the project site upon request by Ecology personnel for site inspections,monitoring,necessary data collection, and/or to ensure that conditions of this Order are being met. 9. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology determines that further actions are necessary to implement the water quality laws of the state. Further, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are identified(e.g.,violations of water quality standards, downstream erosion, etc.), or if additional conditions are necessary to further protect water quality. 10. The Applicants shall ensure that all appropriate project engineers and contractors at the , project site have read and understand relevant conditions of this Order and all permits, approvals, and documents referenced in this Order. The Applicants shall provide Ecology a signed statement(see Attachment A for an example) from each project engineer and contractor that they have read and understand the conditions of this Order and the above- referenced permits,plans, documents and approvals. These statements shall be provided to Ecology before construction begins at the project. 11. This Order does not authorize direct, indirect, permanent, or temporary impacts to waters of the state or related aquatic resources, except as specifically provided for in conditions of this Order. 12. Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars ($10,000.00)per violation per day for each day of continuing noncompliance. B. Notification Requirements 1. Notification shall be made to Ecology's Federal Project Coordinator-MAP Team at 425- 649-7181, fax 425-640-7098,mai13190- 160th Avenue SE, Bellevue, WA 98008-5452, or email (preferred)at roon461(a�ecv.wa.�ov for the following activities: a. At least 10 days prior to the pre-construction meeting; b. At least 10 days prior to the onset of initiating work on the project site; , c. At least 14 days prior to the placement of fill in any waters of the state, including wetlands; d. At least 5 days prior to initiating work on each Unit(Units A, B, C, D, and E); i • Order#3432, Corps No. 200� )0 ' August 10, 2006 PageSoflO e. At least 5 days prior to initial breaching of the berms on Units A and B; f. At least 5 days prior to opening the connections to Springbrook Creek on Unit E; g. Within 14 days after completion of final grading on each Unit; h. Immediately via phone or email following a violation of state water quality standards or conditions of this Order. NOTE: These notifications shall include the Order#3432, applicant's name, project name,project location, contact name, and contact's phone number. C. Water Quality Standards Conditions 1. Springbrook Creek is classified as a Class A water of the state. Certification of this proposal does not authorize the Applicants to exceed applicable state water quality standards (Chapter 173.201A WAC) or sediment quality standards (Chapter 173-204 WAC). Water quality criteria contained in WAC 173-201A-030(1) and WAC 173-201A- 040 shall apply to this project, unless otherwise authorized by Ecology. 2. This Order does not authorize temporary exceedances of water quality standards beyond the limits established in WAC 173-201A-110(3). Furthermore,nothing in this certification shall absolve the Applicants from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. 3. Springbrook Creek has been identified on the current 303(d) list as exceeding state water quality standards for dissolved oxygen and fecal coliform. This proposed project shall not result in further exceedances of water quality standards. Water Quality Monitoring 4. The Applicants shall submit a Water Quality Monitoring Plan(Plan) for review and approval to the Federal Project Coordinator at least twenty(20)days prior to beginning in-water work. Activities that are required to be monitored are not authorized to be conducted until approval is received. This Plan sha11 include the following information: a. Name(s) and phone number(s) of person(s)responsible for monitoring; b. Map with numbered or named sampling locations associated with each in-water activity. Include the background and the point of compliance(100, 200, or 300 feet downstream from the point of activity); c. Parameters to be monitored: turbidity and pH; d. A description of the Best Management Practices (BMPs)that will be used on the project to protect water quality, including a description of procedures for breaking the berms on Unit A and B, connecting Unit E to Springbrook Creek, installing the new drainage conveyance pipe in the wetland on Unit D, and installing the weir on Unit C; e. Project activities that shall be monitored(i.e. turbidity for in-water work and pH for concrete); _ • Order#3432, Corps No. 2001 ►0 ' August 10, 2006 Page 6 of IO f. Sample frequency for each activity to be monitored; and g. Example of monthly summary report. 5. Monitoring results shall be submitted monthly to the Federal Project Coordinator per Condition B.1. 6. If monitoring results show that water quality standards are not being met,the Applicants shall modify or stop the activity causing the problem and commence hourly monitoring until standards are met for two (2)consecutive sample periods. 7. All monitoring results shall be kept onsite and submitted to Ecology upon request. D. Construction Conditions 1. During construction of the Bank the Applicants shall comply with the current Construction Stormwater General NPDES Permit issued for this project(Permit# WAR- 006861A). Per this permit, a Stormwater Pollution Prevention Plan shall be prepared. This Stormwater Pollution Prevention Plan shall be sent to the Federal Project Coordinator according to Condition A.2 prior to the initiation of construction. 2. Before construction of the Bank begins, a pre-construction meeting shall be held on-site between the project engineer, all necessary construction contractors, and agency representatives including, at a minimum, Ecology and the Corps. During this meeting, site conditions,permit specifications, including Order 3432, and the requirements of the Stormwater Pollution Prevention Plans will be reviewed. 3. 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. 4. Periodic inspection and maintenance of all erosion control structures shall be conducted no less than every seven(7) days from the start of the project to site stabilization. , Additional inspections shall be conducted prior to and after expected rainfall events to ensure erosion control measures are in workin conditions. An dama ed structures shall g Y g be immediately repaired. If it is determined at the time of inspection that additional measures are needed to control stormwater and erosion,they shall be implemented immediately. 5. Machinery and equipment used during construction shall be serviced, fueled, and , maintained in uplands in order to prevent contamination to surface waters. All fueling areas shall be provided with adequate spill containment and shall be located a minimum of 50 feet from surface waters of the state. During fueling and servicing of machinery, BMPs shall be in place to contain any spill of petroleum products. • Order#3432, Corps No. 200i l0 ' August 10, 2006 Page 7 of IO 6. Work in or near waters of the state shall be done in a manner that minimizes turbidity, erosion, and other water quality impacts through the use of appropriate and effective BMPs. 7. Construction entrances and tire wash areas sha11 be constructed and operated to avoid introduction of materials, including sediment, into Springbrook Creek and others waters of the state, including wetlands. 8. No petroleum products, fresh concrete, construction debris, or other toxic or deleterious materials shall be allowed to enter waters of the state. 9. Prior to disturbing uplands or wetlands on the project site,the adjacent wetlands and stream shall be protected from construction impacts. Within the project limits,the Applicants shall mark the limits of the work area in which heavy machinery will be allowed with highly visible construction fence prior to beginning clearing or other construction activities within 200 feet or less of sensitive aquatic areas. Heavy machinery shall enter and operate only within the designated work zones, access corridors, and stockpile areas. 10.No excavated material shall be stored in existing wetlands. Temporary storage of ', excavated material is allowed in upland areas that will be excavated for the purposes of � re-establishing wetland. All excavated material that is in excess of what sha11 be used on- , site shall be removed from the bank site. 11. All construction debris and overburden material shall be properly disposed of on land, outside of sensitive areas and their buffers, so that it cannot enter a waterway or cause water quality degradation to sta.te waters. 12. During clearing and grading at the project site,the Applicants shall take all necessary measures to minimize the alteration or disturbance of existing wetland and upland vegetation. 13. The Applicants shall comply with the most current applicable NPDES permit for Aquatic Noxious Weed Control if herbicides are selected to control invasive species. Measures, including but not limited to selection of appropriate application methods and timing, shall be used to minimize introduction of herbicides to Springbrook Creek. Application of herbicides shall occur only in dry weather. 14. Adequate containment shall be used for any mechanical equipment on a structure over water, such as a temporary work bridge or platform, in order to prevent any spills and/or discharges of contaminants to waters of the state. 15. Measures shall be used to minimize disturbance of vegetation when constructing the trail. ' Order#3432, Corps No. 200c 10 ' August 10, 2006 Page 8 of 10 16. All disturbed areas resulting from the construction of the trail shall be adequately � stabilized within seven(7) days after the trail is completed so as to prevent erosion or sediment debris from entering waters of the state, including wetlands. E. MiNgation Bank Conditions 1. Project activities shall be achieved through measures described in the following documents, except as modified by this Order: a. Springbrook Creek Wetland and Habitat Mitigation Bank Instrument, Washington State Department of Transportation, August 2006. b. Springbrook Creek Wetland and Habitat Mitigation Bank Memorandum of Agreement, Washington State Department of Transportation, August 2006. 2. All changes to the approved Mitigation Bank Instrument(MBI) and Memorandum of Agreement(MOA)must be approved in writing by Ecology and the Corps. 3. No mitigation credits associated with this mitigation bank shall be released for sale or transfer until an approved MOA and MBI are signed by the bank sponsors, Ecology and the Corps, and a conservation easement is placed on the property title and properly recorded with King County. Thereafter, credits shall be released in accordance with the terms and provisions of the MBI and the MOA. F. Timing Requirements 1. This Order is valid until the establishment phase of the bank is terminated, as defined in Article IV.K. of the final MOA. 2. In-water work shall be subject to timing limitations imposed by the most current Hydraulic Permit Approval (HPA)by the Washington State Departrnent of Fish and Wildlife WDF � �• G. Emergency/Contingency Measures 1. The Applicants shall develop a spill prevention and containment plan for all aspects of this project. 2. The facility shall have adequate and appropriate spill response materials on hand to respond to an emergency release of petroleum products ar any other material into waters of the state. 3. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into waters of the state. 4 Any work that is out of compliance with the provisions of this Order, or conditions causing distressed or dying fish, or any discharge of oil, fuel, or chemicals into state • Order#3432, Corps No. 200� )0 , ' August 10, 2006 I Page9of10 ' waters, or onto land with a potential for entry into sta.te waters, is prohibited. If these occur,the Applicants shall immediately take the following actions: a. Cease operations at the location of the violation. b. Assess the cause of the water quality problem and take appropriate measures to conect the problem and/or prevent further environmental damage. c. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, containment and cleanup efforts shall begin immediately and be completed as soon as possible, taking precedence over normal work. Cleanup shall include the proper disposal of any spilled material and used cleanup materials. d. Notifv Ecoloav of the failure to comnlv. Immediately notify Ecology's Northwest Regional Spill Response Office at 425-649-7000, and within 24 hours of spills or other events to Ecology's Federal Project Coordinator—MAP Team at(425) 649- 7181. e. Submit a detailed written report to Ecology within five (5) days that describe the nature of the event, corrective action taken and/or planned, steps to be taken to prevent a recurrence,results of any samples talcen, and any other pertinent information. 5 In the event of finding distressed or dying fish, collect fish specimens and water samples in the affected area within the first hour of the event. These samples shall be held in refrigeration or on ice until the Applicants receive further instructions from Ecology. Ecology may require analysis of these samples before allowing the work to resume. H. Appeal Process You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter 43.21B RCW, your appeal must be filed with the Pollution Control Hearings Board, and served on the Department of Ecology within thiriy(30) days of the date of your receipt of this document. To appeal this Order, your notice of appeal must contain a copy of the Ecology Order you are appealing. Your appeal must be filed with: T'he Pollution Control Hearings Board 4224 - 6th Avenue SE, Rowe Six, Bldg. 2 P.O. Box 40903 Lacey, Washington 98504-0903 Your appeal must also be served on: The Department of Ecology Appeals Coordinator P.O. Box 47608 Olympia, Washington 98504-7608. I ' Order#3432, Corps No. 200� )0 August 10, 2006 Page 10 of 10 In addition,please send a copy of your appeal to: Federal Permit Appeals Coordinator Department of Ecology P.O. Box 47600 Olympia, Washington 98504-7600 For additional information: Environmental Hearings Office Website: http://www.eho.wa.gov Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in accordance with RCW 43.21B.320. These procedures are consistent with Ch. 43.21B RCW. Dated �U I� ��"�/ at Ol ia Washin on. � . Y�p � � � � '' �� - Brenden McFarland, Section Manager Shorelands and Environmental Assistance Program Department of Ecology State of Washington • Order# 3432; Corps 0600100 August 10, 2006 Page 1 of 1 Attachment A: Water Quality Certification Order# Statement of Understanding I, , state that I will be involved as an agent or contractor for Washington State Department of Transportation and/or the City of Renton in creating a 129-acre wetland mitigation bank within 5 units in portions of Sections 25 and 36, Township 23N, Range 4E; and Section 30, Township 23N, Range SE in the City of Renton, King County, Washington. The Washington State Department of Transportation and the City of Renton are proposing to construct and operate a 129-acre mitigation bank that includes converting portions of five units (Units A, B, C, D, and E) of open space within the City of Renton to wetlands. The project involves re-establishing 17.79 acres of wetlands, rehabilitating 52.16 acres of wetland, enhancing 32.55 acres of wetland, enhancing 7.80 acres of upland, and enhancing 6.55 acres of riparian upland adjacent to Springbrook Creek. I further state that I have read and understand the relevant conditions of Washington State Department of Ecology Water Quality Certification Order# 3432 and the applicable permits and approvals referenced therein which pertain to the project-related work for which I am responsible. Signature Date Company Phone Number Address City, State, and Zip Code � DEPARTMENT OFTHE ARMY SEATTLE DISTRICT,CORPS OF ENGINEERS ��'�� - � P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 SEP 1 5 200� REPLY TO ATTENTION OF CITY OF RENTON SEP 13 2�06 UTiLITY SYSTErJ1S Regulatory Branch Washington State Dept. of Transportation Urban Corridors Office Ms. Allison Ray 600 108th Avenue Northeast, Suite 405 Bellevue, Washington 98004 Renton City Hall City of Renton Surface Water Utility—Sth Floor Mr. Ron Straka 1055 South Grady Way Renton, Washington 98055 Reference: 200600100 WSDOT and the City of Renton Springbrook Mitigation Bank ' Dear Ladies and Gentlemen: We have received your request for a permit modification to reflect the time limit(or permit expiration date) to the date that was provided in the public notice for this project. The time extension is necessary for completing the work authorized by the above-referenced Department of the Army permit. The time limit for completing the authorized work is scheduled to expire on , August 11, 2009. You have requested a modification of the permit to extend the time limit for completing the work to August 11, 2013. Your request for a time extension is approved. The new time limit for completing the authorized work ends on August 11, 2013. All other terms and conditions contained in the original permit remain in full force and effect. If you have any questions,please contact Ms. Sandra Manning at (206) 764-6911 or via email at Sandra.L.Mannin�(�a,usace.armv.mil. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ichael McCormick � Colonel, Corps of Engineers District Engineer Cc: Ecology, Rebecca Ponzio � . ` � DEPARTMENT OF THE ARMY � SEATTLE DISTRICT,CORPS OF ENGINEERS - � P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO AUG 1 1 ZOO6 ATTENTION OF Regulatory Branch WSDOT and the Cit of Renton Y Springbrook Mitigation Bank, I-405 Project Office Ms. Allison Ray 600 108th Avenue Northeast, Suite 405 Bellevue, Washington 98004 City of Renton Suface Water Utility Renton City Hall Mr. Ron Straka Surface Water Utility- Sth floor 1055 South Grady Way Renton Washington 98055 Reference: 200600100 WSDOT and the City of Renton Springbrook Mitigation Bank ' Dear Ladies and Gentlemen: Enclosed for your signature are two Department of the Army permit forms for your proposal to construct a mitigation bank in uplands and degraded wetlands, resulting in impacts to approximately 0.37 acres of wetlands for weir construction, side channel creation, site grading, plugging of drainage ditches, construction of the drainage outlet pipe, construction of an educational pedestrian trail, and other activities associated with the mitigation bank construction in accordance with the plans and drawings dated February 15, 2006, in wetlands, and Springbrook Creek at the City of Renton, King County, Washington, attached hereto which are incorporated in and made a part of this permit as described in the enclosed drawings. If you object to this permit decision, you may request an administrative appeal under our regulations as described in the enclosed Appeal Process Fact Sheet and the Notification of Administrative Appeal Options and Process and Request for Appeal form. If the entire permit is acceptable, you must sign and date both forms and return them in the enclosed envelope. Your copy of the fully executed permit will then be returned to you. The : . . -2- signed permit forms must be returned to us within 90 days from the date of this letter or your application will be canceled. You cannot modify these permit forms or their accompanying drawings. By signing the forms you will be indicating your acceptance of all the permit's general and special conditions please read them carefully. You can begin the work authorized by this permit only after you have received your copy of the fully executed permit form. Sincerely, Michelle er Chief, Regulatory Branch Enclosures � DEPARTMENT OFTHE ARMY , � SEATTLE DISTRICT,CORPS OF ENGINEERS - � P.O.BOX 3755 SEATTLE,WASHINGTON 98124-3755 REPLY TO I ATfENTION OF AUG 1 i ZI�'O6 Regulatory Branch WSDOT and the City of Renton Springbrook Mitigation Bank, I-405 Proj ect Office Ms. Allison Ray 600 108th Avenue Northeast, Suite 405 Bellevue, Washington 98004 City of Renton Suface Water Utility Renton City Hall Mr. Ron Straka Surface Water Utility- Sth floor 1055 South Grady Way Renton Washington 98055 Reference: 200600100 WSDOT and the City of Renton Springbrook Mitigation Bank Dear Ladies and Gentlemen: Enclosed is a Department of the Army permit which authorizes performance of the work described in your referenced application. You are cautioned that any change in the location or plans of the work will require submittal of a revised plan to this office for approval prior to accomplishment. Deviation from approved plans may result in imposition of criminal or civil penalties. Your attention is drawn to General Condition 1 of the permit which specifies the expiration date for completion of the work. You are requested to notify this office of the date the work is completed. We are interested in your thoughts and opinions concerning your experience with the U.S. Army Corps of Engineers, Seattle District's Regulatory Program. Please complete a \ -r Customer Service Survey form. The form is available on our website at: httn://ber2.nwp.usace.armv.mil/survev.html. At your request, we will mail you a paper copy that you may complete and return to us by mail or fax. Sincerely, ` Michelle Walker Chief, Regulatory Branch Enclosure ,� Y DEPARTMENT OF THE ARMY PERMIT Permittee: WSDOT and the City of Renton WSDOT and the City of Renton Springbrook Mitigation Bank Springbrook Mitigation Bank I-405 Project Office 600 108th Avenue Northeast, Suite 405 Permit No: 200600100 Bellevue, Washington 98004 Issuing Office: Seattle District NOTE: The term "you"and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office"refers to the appropriate district or division office of the U.S.Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: construction of a mitigation bank in uplands and degraded wetlands, resulting in impacts to approximately 0.37 acres of wetlands for weir construction, side channel creation, site grading, plugging of drainage ditches, construction of the drainage outlet pipe, construction of an educational pedestrian trail, and other activities associated with the mitigation bank construction in accordance with the plans and drawings dated February 15, 2006, attached hereto which are incorporated in and made a part of this permit(to construct a mitigation bank to be used as mitigation credit for unavoidable impacts resulting from future projects). Project Location: In wetlands, and Springbrook Creek at the City of Renton, King County, Washington. Permit Conditions: Genera/Conditions: 1. The time limit for completing the work authorized ends on AUG i � � , If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for � consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed : WSDOT and City of Renton Springbrook Mitigation Bank 200600100 necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your perm it. 7. After a detailed and careful review of all the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit; the permittee will comply fully with all the terms of all the permit conditions. Special Conditions: ' a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. You must implement and abide by the Endangered Species Act(ESA)requirements and/or agreements ', set forth in the Biological Assessment, "Springbrook Creek Wetland and Habitat Mitigation Bank", dated January 2006, in its entirety. The National Marine Fisheries Service (NMFS)and the U.S. Fish and Wildlife Service i (USFWS)concurred with a finding of"may affect, not likely to adversely affecY' based on this document on March 20, 2006, (NMFS Reference Number 2006/00332)and on May 3, 2006, (USFWS Reference Number 1-3-06- ' I-0135. The USFWS and NMFS will be informed of this permit issuance. Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your U.S.Army Corps of Engineers permit. The NMFS or USFWS is the appropriate authority to determine compliance with ESA for this project. c. If human remains or archaeological resources are encountered during construction, all ground disturbing activities shall cease in the immediate area and the permittee shall immediately(within one business day of discovery)notify the U.S.Army Corps of Engineers (Corps). The permittee shall perform any work required by the Corps in accordance with Section 106 of the National Historic Preservation Act and Corps regulations. d. The wetland areas to be restored and enhanced as future compensatory mitigation for unavoidable impacts, shall not be made the subject of a future individual or general Department of the Army permit application for fill or other development, except for the purposes of enhancing or restoring the mitigation associated with this project. In addition, a description of the mitigation area identified in the final Mitigation Banking Instrument dated August 2006, as approved, and any subsequent permit mitigation area revisions,will be recorded with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records to or interest in real property. Proof of this recorded documentation must be provided to the U.S.Army Corps of Engineers, Seattle District, Regulatory Branch within 60 days from the date of permit issuance. e. A final Conservation Easement must be submitted to the U.S.Army Corps of Engineers prior to release of any credits from the bank. f. The permittees shall implement and abide by the mitigation plan "Springbrook Creek Wetland and Habitat Mitigation Bank Instrument; dated August 2006 and the final"Memorandum of Agreement for Springbrook Mitigation Bank"dated August 2006. Mitigation bank monitoring shall be performed quarterly for years 1 through 5 and annually for years 6 through 10. Mitigation bank monitoring reports summarizing all monitoring results will be due in years 1, 3, 5, 7, and 10 by March 315�of each year. All reports must be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch and must prominently display the reference number 200600100 and name"WSDOT and City of Renton Springbrook Mitigation Bank". 2 Y WSDOT and City of Renton Springbrook Mitigation Bank 200600100 g. Prior to clearing, grading, or construction work for the project, all wetland areas where no grading will occur shall be clearly marked to outline the grading and fill footprints so that no impacts will occur to wetlands adjacent to the constructed areas. i h. Specific to Unit E, a minimum of 39 habitat structures, 27 logs, and 13 snags will be included, and 5 additional pieces of Large Woody Debris will be placed in Unit E per the recommendation of the Muckleshoot Tribe to mitigate for impacts associated with tree-removal during the trail construction. i. A status report on the mitigation bank site construction, shall be submitted within 13 months from the date of permit issuance. Annual status reports on mitigation construction are required until mitigation construction is complete. The as-built drawings must be submitted within 90 days after completion of the mitigation site construction per section 2.2 of the MBI. Both reports must be submitted to the U.S.Army Corps of Engineers, Seattle District, Regulatory Branch. j. Upon completing the establishment phase for the mitigation bank, a Long-Term Management Plan shall be submitted to the U.S.Army Corps of Engineers for approval that addresses required site management as defined in Chapter 5 of the MBI. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act(33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the 3 . WSDOT and City of Renton Springbrook Mitigation Bank 200600100 activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on ApplicanYs Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)accomplish the corrective measures by contract or othenNise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this I permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. X �� U�-f' (NSDOT and�.'ity of Renton i gbrook ' i tion Bank (DATE) 4 ' WSDOT and City of Renton Springbrook Mitigation Bank 200600100 This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. � � �� pJnAichael McCormick"� (DA�E) Colonel, Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s)of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 5 � � ' ./ .�i'.."'n� '4^ #8, tv� s.,. . _ r �y ka ` x�' ��G''�"!lik.+o;,,yY: '; : ^� ` �'.:; : , %�;:. ��g@91� � - � ,. .<'�.i�,�;;;;;:� � ��. �4�}�a �-�`•�t`' Unit ;;:s•- ��.:_' • • • _ ^�'� Springbrook Creek aa,..�. �,�. 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'�g,�.« . �,:u: '.�'�* ' '°;'�'_ `"�;. ��` ;� - a: ,� ," ��g��o� :�e:�:�rsi''. ! l; pi � '�;,,;5�k��' 'i ,� � � t�'ia� '°�,� � `�i_�•.� � WRIA Boundary ��,a��i'tip� 0 '�'�� Service Area Q Springbrook Bank ' City of Renton ^�^�-^- River Freeway illl il� ---- Arterial � �,;. . . ; 900 �� I � � � � N .�; I � m �� W y n I ' � a I ' J � K � 3i 6��J � - i E .z 181 =,�=- � 167 m � � lLL N 8 N � N m J a � $i6 18 a , g a` YR C a c. . 516 n � W -r �. ,�F9� . ..ha`, . ,;qt, ,� . W . �` �.du,s^; $'�.. ��" : a u �:"F=+�+' ��':"'_. ,,�:r �g��t;<`Y,." �I,�.,� ,�` �:y.,��.- :.. �;. o. ..��` '�;,:ds",':Y i. . `.,�:.,:: .,r.- AiEr. . Mi :7 9 . .3:::�?::�a.� .+.i:'':.._ .. ., EI/ i � 0 n rn � 0 � o � � \ Q � w N �N � � O �\ � N� \ H � A� 3 \ / � �r 0 . _ ---- o PURPOSE:Wetland Mitigation SPRINGBROOK PROPOSED/RETAIN: v o i z � v � a PHOTO DATE:2002(King County) REFERENCE#: nnae: � � IN: ' i 2oQ600'�00 NEAR:Renton °, Figure 2 i COUNTY:King STATE:`J4'A � I APPLICANT:WSDOT DATE:2/15/2006 HORIZONTAL DATUM:PROJECTI v Service Area i VERTICAL DATUM:NAD 83 j � � � �n �;.. �' ".::.ii� '�r�� il� ��{h f a.. � „�rz:�`r°t•�,� UNIT A & B LEGENO �£::.�° a;�� f�, ��''^y1 # �� REMOVALNAHYDROLOGIC ��v� f ALTERATfON AND �'� �METLAND PLANTING � � I I—I I REEO CANIRYGRA55 REMOVAL �ND UPLOND PL4NTING �.. �� NYDROLOCIC i;�," 'kc: ALTER4TION5 � INVn51vE REMOva� AN� UPLAND PL�NTING �GR�OING. HYDROLOCIC ALTERATION, AND METLAND PUNTINC �� PROPOSED TR�IL � ��. E%ISTINC TR�IL � O VERTICAL $NAG N � �oc � a F � PLONTING HUAMIOCK � _ * BRUSH PILE y • BENCHES W = Z - J ; _ - V : F- 9 � �} S �� KEYMAP � ; � ,� �� °� w��- � ; i � ' � � "� �:. � B � �m F� _ I � L•-,--� �I �;t :,.' � � � � k __ �', I"_ 'I �ij t� ;:�};: i E �t � g;i::� � I ?�oa Z �W~•� I SeP I I � *��,'� ;I . V A ;}'T� „5"�r ' a � I � .»_..,.�, . .� ��',-.u� ...�; . �@} �'�� ..__ , —_. � � PURPOSE: Wetland Mitigatton Y SPRINGBROOK PROPOSED/RETAIN: �"1 o �oo zoo o REFERENCE#: "'`'p E � Figure 3 — Unit A 200600100 �N: Streams and Wetlands � F�� APPLICANT: WSDOT NEAR/AT: Renton HORIZONTAL DATUM: PROJECT � Mitigation Treatments COUNTY: King STATE: WA VERIICALDATUM: NAVD88 y DATE: 02/15/08 ,.�� i .F.�.��a,:.�, �:.s• UN I T B LEGEND �REE� CANARYGRASS REMOVAI. MYDROLOGIC ALTERATION ANO 11ETLANO PLANTING �HYDROLOGIC sLTERST10N5 � � INVASIVE REMOVAI ANO UPLANO PLANTING �� O VERTICAI $NAG � LOG - � PLANTING HUMMOCK — * BRUSM PILE � � � , � a _ t- W W � � W Z �= J 2 V F- � � � = � � �� KEYMAP �= ' ' . � � f'~ I ;;� � � - B A �; � �r� ::�� i ,� E oo � �` �� i .. I� ' �o-4 j �; .i _� � :.�' i j_ Z': � � � `£�: . :�"> :,� . �;---- �__------ � PURPOSE: Wetland Mitigation SPRINGBROOK PROPOSED/RETAIN: " o ioo zoo o REFERENCE#: '"�E F�i � Figure 4 - Unit B 200600100 IN: Streams and Wetlands NEAR/AT: Renton M�t� ation Treatments APPIICANT: WSDOT HORIZONTALDATUM: PROJECT � g — COUNTY: King STATE: WA VERTICAL DATUM: NAVD 9B � o DATE: 02/15/08 � ��. . UNIT C LEGEND II—II REMOVALNANDCR455 UPL�ND PLANTING � INVASIVE REMOVAL AND UPLANO PLANTINC �GRAOING. HYDROLOCIC ALTERAT[ON, ANO METLANU PLANTING � INv�51vE REWv�L aND rETLAND PLANTING � INVASIVE REMOVAL AN� CONIFER UNDERPL�NTINC '� ❑ REED CANARYGRAS$ ❑RErOv�l u�D � 11ETLAND PLANTING � a � R�ILROAD TRACK W � � E%ISTING CONVEYINCE W OITCN N �--. CITY LIMITS W O VERTIC�L SNAG J � �oc � _ � BRUSN PILE � DITCN PLUG i S � 5 � KEYMAP � � ; . : � � I '��-�`—� � I � � � �T - - � ,--- � � � E °°� H 0P � } ?4 I F I 5eP � U .:v:��`��a i� �'� � � Z .�''.%: � �T� 4 ,. . . '?' i `-'-- � PURPOSE: Wetland Mitigation SPRINGBROOK PROPOSED/RETAIN: " o �o0 200 o REFERENCE#: IN: SVeams and Wetlands W�E Feet � Figure 5 — Unit C 200600100 NEAR/AT: Renton S Mltl('�ation Treatments APPLICANT: WSDOT COUNTY: Kin STATE: �p/q HOR120NTALDATUM: PROJECT � y 9 VERTICAL DATUM: NAVD 88 N DATE: 02/15/06 � _.,,��,,�s �,.A,�,,;., �....,,�,..,� .,.., :. _;�.�� .s;,'�.. �:._ ;�.�_ ,,:.w�..},, . "�?�'i=��;''-��:��...3�,-�p;: "�.� �,,J UNIT C LEGEND `,a:�� ';k;� r`�^'��=`�;:"�`�� .'. arr�za•.t;•.>': y. ��;i��.ia'l `��:,� ' ' d , :,�x:',.�.;,a ��'`'�� "�i,;y:%' � GRADING. MYOROLOGIC t� �METLAND'PLANTING E � INVASIVE RENOV4L 4ND METUNO PLONTjNG a �. ` �HYOROLOCIC ALTERATION � ANO CONIFER UNDERPLANTING INV�SIVE RENOVLL �NO � CONIFER UNDERPL4ITING � - �>— ExISTING CONVEYv+CE DITCN £ O VERTICAL SNAG ' � LOG � 7� BRUSN PILE � � � a DITCH PLUG F"' W W _ N � W Z � V $ I— � � i�` � � - If ! � KEYMAP � � � � i g = i � � � B A � - I � � � � i� _ ( _ '�, a � � i.— E 40 z4 i��;- o I t� oe � I o ' � `''.3}�,_�� ^�.:e.ik[ � � Qp� I � � � � � �'�� _ S � _ : �,:L,,s�e�.,_ , . II � ,�'�' � �, 4�,,,y i, _j_ V l �» J . � �f �.:'��t.`,.' � � � � �" � Z �at.^.}��g tn�,", �� e'y, �,�`��,�:.:`c(. ..k� �.a�" � � ' �. . ,',. F':r.. ,Y, o`m,.,, ..,i%"5".,.jy:r1:P "m--4--- ----�---------- g N P PO E: W and Miti�ation PROPOSED/RETAIN: 0 �00 2a� , uR S eU .SPRINGBROOK 1 I R 9 � ° Figure 6 — Unit C REFQERENCEt: �N: Streams and Wetlands w�E Faei � �OOVOO IOO NEAR/AT: Renton HORIZONTALDATUM: PROJECT Mitigation Treatments APPLICANT: WSDOT COUNTY: King STATE: WA � VERTICALDATUM: NAVD88 � o DATE: 02/15/08 I � � , UNIT D LEGEND NYDROLOGIC ALTERATIONS INVASIVE REMOVAL AND �� CONIFER UNDERPLANTINC CRADINC AND METLAND PLANT[NC RpILR0A0 iRACK - � �>— EXISTINC CONVEYANCE OITCx , �--. CITY LIMITS ��• EXISTINC TR41L C 7� BRUSM P1LE � Yy) Y LL � � �pr ? , C i �9 I b i � ' �y (: .. a � L 5 ��$ I �r ��,:�; _ KEYMAP ' �F�.�; � . � -. :� , , .. �� g �� _ , 1 � .,��; - �I B A , m ��!i'>i � �..I:�; I I � ' �£��..� I I i �e ,.�� — - � � q/F�`�. EE � � \,.}i',S'}na:':�� 1 -- �(— �(��/ N. , — ,14�,'y,:2�M1'Se `•:iX.R.f:-!'��::;:'6 I I '",,. " ;'��. E o � ��;... `�.� .�'�� Q.o � s� �0 N T.. �' ? I .a� P _ Q h+�Y`. � 34 �� * Z' �` n��';•� :':.�.- �� .. � «Si' .f�✓:i�Y�. .<.. � N:'°''�� . �'i"W y tl� , � � , . � �..M � U � ,. �� _ X'.@`2!W{ � 'Mle.i+r. :_�i'. 1:}_,�' ' (7 ry'f>... '-:. -.. �. - . - ! �� a . �1 �� i� ". ��'uMi a -,�•;«a: wt� .e "�. J'" . �!�. Z .. . ��;� .. . `, . � � '.' _" � � � �;:�.��;_ , i i- =�`� �%+� _ � .��, . . . . .�;��w"43RD ST --- ( _.r. , _ : .� � � . _... . : � " .�;;.,v:,�".s::�,..' ` _ _: . .. _ ._ _ .. .� : � �.,..,.,.: >- � ., .; .. � PURPOSE: Wetland Mitigation SPRINGBROOK PROPOSED/RETAIN: " o �oo zoo o REFERENCE#: '"�E Feet �� Figure 7 — Unit D 200600100 �N: Streams and Wetlands s APPLICANT: WSDOT NEAR/AT: Renton HORIZONTAL DATUM: PROJECT � Mitigation Treatments COUNTY: King STATE: WA VERTCALDATUM: NAVD88 N DATE: 02/15/06 _J � , . . � i � ..,.a.. r r. ..�_.. . ::.,: . _. � = UNIT E LEGEND �_.: � }::..`.•�-; . •, � � ' ;;.," y-, . . ., . "�'; . ; � INV�SIVE REMOVAL _ ..� . :,,. , �ND UPL�ND �:i.�. � �. . .� ' � " � � +�'Q:� PLANTING , �dE,".: �... , _. `•: ,�. . �-;;? ' �.; _ . ��•''' -i�i+-;- `' " :^ ' �GRAOING. NYDROLOGIC �,.,. . , ��,. , ' - ,=f ��;;_. ALTERATION, AND u. ,. ' x:,�,�a,,�:.:..:: ' .,..:::w_;� :.. � .,� " .. TLIND PLANTINC �n rE .i. '?F , � i�! � INVa51VE REMOVaL eN0 v;�;., � Q CON]FER UNOERPUNTINC .q. :.}_'.��e�=+ . - �"+�.j - �-�-��-.w... � •� PROPOSED ORAINAGE '�s`,''§�,J"„ _� PATN . : �_ _2:_,',' ,"�•: .: ��R" - ... ,- � . � �"'� �p�l�� . E%ISTING TRAIL -„3�� . :, q .•�. ��,:.�,,.z;.i'., Ilu,. O VERTICAL SNAG i � LOG �. ro .� LL � � � � , �y . t b � 9; � � � � � ,_.. —a �: KEYMAP � � • � i� ��r � �:�' ; ' E � � ��'P I i $,, �V , r { : ,�'. i B A Ic. :5.� � � .n;.s5`r- � }•V ��E I I �I :�k.',�. '� � ��, t �'� 'e . I ,� . .Y,....;,, . '11 � I g �. .c-. rd�'.. :� ;?,� , 7� 'ia', :�,:�;> ,�. . ��i �_- -- ' ..w5 �� . �iS;�1� '.= ..��'.,'...' :e�� %s ; :,...� .,.,�.,.:,:.;::'.'.;"�'��°a ; E rs'+�^:""�''ztrf. o �,� -�2�?: q"�ya,, . �.o �}_,T :;r.s"r V`:F'Si °C" .,. � p\`� I Z '�� ,s,4 '.`.`�""�'.�...� -..�w--c.q».. ��_�,,,,,�.,,,_,. �;b' � I (� b� �4"" f = v+p - -..., � ... . ..._ - .. �SW"'4�O�TH" , ».., � , --- —, -------- � PURPOSE: Wetland Mitigation SPRINGBROOK PROPOSEOIRETAIN: " o iao zoo� o REFERENCE#: W�E peet �� Figure 8 — Unit E 200600100 �N: Streams and Wetlands NEAR/AT: Renton I HORIZONTAL DATUM: PROJECT � Mitigation Treatments APPLICANT: WSDOT COUNTY: King STATE: WA I yERTiCALDATUM: NAVD88 N DATE: 02/15/08 I i , i ,,� ;;�,, ,��. . :� _ i y� / STATL OF WASHINGTUN DEPARTMENT OF ECOLOGI' Pf�rur�iG(lll • Olym��ia, WA 98511�-:h(Iq •.1611--{117-6I1All l fY 711 ur Ttll�-8.l.f-G3Tt8 (fur ihc�spcec'h or hCariny 6npairc�d� August 10,2006 REGISTERED MAIL Washington State Department of Transportation I-405 Project Office Attn: Allison Ray 600 108`h Avenue NE, Suite 405 Bellevue, WA 98004 City of Renton Surface Water Utility Attn: Ron Straka, P.E. Renton City Hall, Sth Floor 1055 South Grady Way Renton, WA 98055 RE: Water Quality Certification Order#3432 and Coastal Zone Management consistency determination for Corps Public Notice No.200600100 for the Springbrook Creek Wetland and EIabitat Mitigation Bank to re-establish, rehabilitate,and enhance a wetland and riparian complex on 129 acres connecting directly to Springbrook Creek in the City of Renton,King County,Washington. Deaz Ms. Ray and Mr. Straka: On January 20,2006,the Washington State Department of Transportation(WSDOT)and the ' City of Renton submitted a Joint Aquatic Resource Permit Application(JARPA) to the Department of Ecology(Ecology) requesting a Section 401 Water Quality Certification under the federal Clean Water Act for the proposed Sprin�brook Creek Wetland and Habitat Mitigation Bank. The project proposes to construct and operate a 129-acre mitigation bank that includes , portions of 5 different Units(Units A, B, C, D,and E)by re-establishing 17.79 acres of wetlands, rehabilitating 52.16 acres of wetland,enhancing 32.55 acres of wetland, enhancing 7.80 acres of upland,and enhancing 6.55 acres of riparian upland adjacent to Springbrook Creek. The project also proposes to connect wetland to Springbrook Creek within several of these azeas. On behalf of the State of Washington, Ecology certifies that the work proposed in the JARPA Ecology received on January 20,2006, and as updated on April 9, 2006,and the public notice complies with the applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean � iy J 1 Water Quality Certification Order#3432 ' 8/10/2006 Page 2 Water Act, as amended,and other appropriate requirements of state law. This certification is subject to the conditions contained in the enclosed Order. On March 1, 2006, WSDOT submitted to Ecology a Certification of Consistency with the Washington State Coastal Zone Management Program(CZMP). Pursuant to Section 307(c)(3)of the Coastal Zone Management Act of 1972 as amended,Ecology concurs with WSDOT's determination that this work is consistent with the approved Washington State CZMP. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the CZMP, including Section 401 of the federal Water Pollution Control Act. T'his letter also serves as a State response to the Corps of Engineers' Public Notice. The enclosed Order may be appealed by following the procedures described in the Order. If you have any questions,please contact Rebecca Ponzio,the Federal Project Coordinator for this project,at(425) 649-7181 or mon461(�a,ecv.wa.�ov. Sincerely, �� Z-.�- �renden McFarland, Section Manager Shorelands and Environmental Assistance Program cc: Teny Drochak, Transportation Sandra Manning, Corps I Rebecca McAndrew, Corps John Maas,Transportation Christina Martinez,Transportation , Don Ponder, WDFW Jim Fraser, WDFW Kim Harper, Ecology Jerry Shervey,Ecology i Joan Cabreza, EPA Emily Teachout, USFWS , Gail Terzi, Corps Gretchen Lux, Ecology e-cc: Penny Keys, Ecology Loree' Randall, Ecology i IN THE MATTER OF GRANTING A ) ORDER#3432 WATER QUALITY ) Corps Reference No. 200600100 CERTIFICATION TO ) Create a 129-acre wetland mitigation bank by re- Washington State Department of ) establishing,rehabilitating, and enhancing Transportation and t6e City of Renton ) wetlands and riparian complex. The project will in accordance with 33 U.S.C. 1341 ) be connecting directly to Springbrook Creek in (FWPCA § 401),RCW 90.48.120, RCW ) the City of Renton,King County, Washington. 90.48.260 and Chapter 173-201A WAC ) ) TO: Washington State Department of Transportation I-405 Project Office Attn: Allison Ray 600 108�'Avenue NE, Suite 405 Bellewe, WA 98004 City of Renton Surface Water Utility Attn: Ron Straka,P.E. Renton City Hall, 5`� Floor 1055 South Grady Way Renton, WA 98055 On January 20, 2006 the Washington State Department of Transportation(WSDOT� and the City of Renton(the City) submitted a Joint Aquatic Resource Permit Application(JARPA)to the Department of Ecology(Ecology)requesting a Section 401 Water Quality Certification. A public notice regarding the request was distributed by the U.S. Army Corps of Engineers (Corps) for the above-referenced project pursuant to the provisions of Chapter 173-225 WAC on March ' l 3,2006. The proposed project entails constructing and operating a 129-acre mitigation bank that includes converting portions of five units(Units A, B, C,D, and E)of open space within the City of Renton to wetlands. The project involves re-establishing 17.79 acres of wetlands,rehabilitating � 52.16 acres of wetland, enhancing 32.55 acres of wetland,enhancing 7.80 acres of upland,and enhancing 6.55 acres of riparian upland adjacent to Springbrook Creek. Within several of these areas,the project proposes to connect wetlands to Springbrook Creek.The wetland re- establishment and rehabilitation activities will include excavating major portions of Units C and E; breaching the berms adjacent to Springbrook Creek in Units A and B; diverting an additional water source onto Unit D; installing a weir on Unit C;removing invasive species and installing native woody vegetation in all units;and installing habitat structures in all units. Some in-water work is associated with these activities.A quarter-mile-long trail will also be constructed in Unit A and will include an eight-foot-wide elevated boazdwalk trail and a 40-foot-wide protection setback on both sides of the trail. The Bank will be constructed over a two-year period, although the trail may be installed subsequently. _ . � � Order#3432, Corps No. 200600100 ' August 10,2006 Page 2 of 10 The Springbrook Creek Wetland and Habitat Mitigation Bank [nstrument(MBI)includes the detailed implementation plan for the establishment and operation of the Bank. A sepazate Memorandum of Agreement(MOA)describes the legal agreements made by the permitees and the signatory agencies for the Bank. T'he proposed work will take place within the City of Renton in King County, Washington; within, adjacent to or near Springbrook Creek,within the Black River Basin in the Green- Duwamish Watershed, Water Resource Inventory Area(WRIA)9. The project azea includes portions of Sections 25 and 36,Township 23N, Range 4E;and Section 30,Township 23N, Range SE. The five units aze located as follows: • Unit A is 26 acres and is located between SW 27�' Street and SW 30�' Street,west of Lind Avenue and east of and adjoining Springbrook Creek.The southern boundary is undeveloped right of way adjacent to developed light industrial zoned properiy. • Unit B is 36.4 acres in size and is located immediately south of SW 27`h Street,adjacent to and west of Springbrook Creek, east of Oakesdale Avenue SW,and north of a commercial development. • Unit C encompasses 47.7 acres and is located east of the Burlington Northern Santa Fe (BNSF)railroad right of way and west of Oakesdale Avenue SW.North of Unit C is undeveloped land and south of Unit C is a BNSF railroad facility and undeveloped property. Unit C is west of Unit B across Oakesdale Avenue SW. • Unit D is a 5.5-acre site located immediately north of a City of Tukwila wetland mitigation site adjacent to SW 43`d Street. It is bordered on the west and north by BNSF right of way and to the east by developed light industrial zoned property. Unit D is about 0.4 mile south of Unit C. • Unit E is a 14.7 acre property located south of developed light industrial zoned land and SW 34�' Street,northwest of Springbrook Creek,and east of Oakesdale Avenue SW. Unit E is upstream of Units A and B on Springbrook Creek by about 03 mile. AUTHORITIES In exercising authority under 33 U.S.C. § 1341, 16 U.S.C. § 1456, RCW 90.48.120, and RCW �� ' 90.48.260 Ecolo has examined this a lication ursuant to the followin : , gY PP P g 1. Conformance with applicable water quality-based,technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. §§1311, 1312, 1313, 1316, i and 1317 (FWPCA §§ 301,303,306 and 307); 2. Conformance with the state water quality standards contained in Chapter 173-201A WAC and authorized by 33 U.S.C. §1313 and by Chapter 90.48 RCW,and with other � applicable state laws; and i Order#3432, Corps No. 200600100 ' August l0,2006 Page3of10 3. Conformance with the provision of using all known,available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. WATER QUALITY CERTIFICATION CONDITIONS Through issuance of this Order,Ecology certifies that it has reasonable assurance that the activity as proposed and conditioned will be conducted in a manner that will not violate applicable water quality standazds and other appropriate requirements of state law. In view of the foregoing and in accordance with 33 U.S.C. §1341, RCW 90.48.120,RCW 90.48.260 Chapter 173-200 WAC and Chapter 173-201A WAC,water quality certification is granted to the Applicants subject to the conditions within this Order. Certification of this proposal does not authorize the Applicants to exceed applicable state water , quality standards (Chapter 173-201A WAC),ground water quality standards (Chapter 173-200 WAC)or sediment quality standards (Chapter 173-204 WAC). Furthermore,nothing in this certification shall absolve the Washington State Department of Transportation and the City of Renton&om liability for contamination and any subsequent cleanup of surface waters, ground waters or sediments occurring as a result of project construction or opera.tions. A. General Conditions 1. For purposes of this Order, the term"Applicants"shall mean the Washington State Department of Transportation and the City of Renton,and its agents, assignees and contractors. 2. For purposes of this Order, all submittals required as conditions shall be sent to Ecology's Northwest Regional Office,Attn: Federal Project Coordinator—MAP Team,3190 160tn Avenue SE,Bellevue,WA 98008 or via e-mail(preferred), if possible,to the Coordinator assigned to this project.Notifications shall be made via phone and/or e-mail (preferred). All submittals and notifications shall be identified with Order No. 3432 and include the Applicant's name,project name,project location,the project contact and the contact's phone number. 3. Work authorized by this Order is limited to the work described in the JARPA received by Ecology on January 20,2006 and as updated by the Apri19,2006 JARPA. The Applicants will be out of compliance with this Order and must reapply with an updated application if the information contained in the JARPA is voided by subsequent changes to the project not authorized by this Order. 4. Within 30 days of receipt of an updated JARPA Ecology will deternune if the revised project requires a new Water Quality Certification and public notice or if a modification to this Order is required. 5. This Order shall be rescinded if the Corps does not issue a Section 404 permit. Order�t 3432, Corps No.200600100 ' August]0, 2006 Page 4 of 10 6. This Order does not exempt, and is provisional upon, compliance with other statutes and codes administered by federal, state,and local agencies. 7. Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel,the construction superintendent, construction managers and lead workers, and state and local government inspectors. 8. The Applicants shall provide access to the project site upon request by Ecology personnel for site inspections,monitoring,necessary data collection, and/or to ensure that conditions of this Order are being met. 9. Nothing in this Order waives Ecology's authority to issue additional orders if Ecology determines that further actions are necessary to implement the water quality laws of the state. Further, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are identified(e.g.,violations of water quality standards,downstream erosion, etc.),or if additional conditions are necessary to fw'ther protect water quality. 10. The Applicants shall ensure that all appropriate project engineers and contractors at the project site have read and understand relevant conditions of this Order and all permits, approvals, and documents referenced in this Order. The Applicants shall provide Ecology a signed statement(see Attachment A for an example)from each project engineer and contractor that they have read and understand the conditions of this Order and the above- referenced permits,plans,documents and approvals. These statements shall be provided to Ecology before construction begins at the project. 11.This Order does not authorize direct, indirect,permanent, or temporary impacts to waters of the state or related aquatic resources, except as specifically provided for in conditions of this Order. 12. Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars($10,000.00)per violation per day for each day of continuing noncompliance. B. Notification Requirements 1. Notification shall be made to Ecology's Federal Project Coordinator-MAP Team at 425- 649-7181, fax 425-640-7098,mail 3190- 160`�Avenue SE, Bellevue, WA 98008-5452, or email (preferred)at roon461(a�ecv.wa.�ov for the following activities: a. At least 10 days prior to the pre-construction meeting; b. At least 10 days prior to the onset of initiating work on the project site; c. At least 14 days prior to the placement of fill in any waters of the state, including wetlands; d. At least 5 days prior to initiating work on each Unit(Units A, B, C, D,and E); Order#3432, Corps No. 200600100 ' August 10,2006 Page S of 10 e. At least 5 days prior to initial breaching of the berms on Units A and B; f. At least 5 days prior to opening the connections to Springbrook Creek on Unit E; g. Within 14 days after completion of final grading on each Unit; h. Immediately via phone or email following a violation of state water yuality standards or conditions of this Order. NOTE: These notifications shall include the Order#3432, applicant's name, project name,project location, contact name, and contact's phone number. C. Water Quality Standards Conditions 1. Springbrook Creek is classified as a Class A water of the state. Certification of this proposal does not authorize the Applicants to exceed applicable state water quality standards(Chapter 173.201A WAC)or sediment quality standards(Chapter 173-204 WAC). Water quality criteria contained in WAC 173-201A-030(1)and WAC 173-201A- 040 shall apply to this project,unless otherwise authorized by Ecology. 2. This Order does not authorize temporary exceedances of water quality standards beyond the limits established in WAC 173-201A-110(3). Furthermore,nothing in this certification shall absolve the Applicants from liability for contamination and any subsequent cleanup of surface waters or sediments occurring as a result of project construction or operations. 3. Springbrook Creek has been identified on the current 303(d)list as exceeding state water quality standards for dissolved oxygen and fecal coliform. This proposed project shall not result in further exceedances of water quality standazds. Water Quality Monitoring 4. The Applicants shall submit a Water Quality Monitoring Plan(Plan) for review and approval to the Federal Project Coordinator at least twenty(20)days prior to beginning in-water work. Activities that are required to be monitored are not authorized to be conducted until approval is received. This Plan shall include the following information: a. Name(s)and phone number(s)of person(s)responsible for monitoring; b. Map with numbered or named sampling locations associated with each in-water activity. Include the background and the point of compliance(100,200, or 300 feet downstream from the point of activity); c. Pazameters to be monitored: turbidity and pH; d. A description of the Best Management Practices(BMPs)that will be used on the project to protect water quality, including a description of procedures for breaking the berms on Unit A and B, connecting Unit E to Springbrook Creek, installing the new drainage conveyance pipe in the wetland on Unit D,and installing the weir on Unit C; e. Project activities that shall be monitored(i.e.turbidity for in-water work and pH for concrete); Order#3432, Corps No. 200600100 ' August 10, 2006 Page 6 of 10 f. Sample frequency for each activity to be monitored; and g. Example of monthly summary report. 5. Monitoring results shall be submitted monthly to the Federal Project Coordinator per Condition B.1. 6. If monitoring results show that water quality standazds aze not being met,the Applicants shall modify or stop the activity causing the problem and commence hourly monitoring until standards are met for two(2)consecutive sample periods. 7. All monitoring results shall be kept onsite and submitted to Ecology upon request. D. Construction Conditions 1. During construction of the Bank the Applicants shall comply with the cunent Construction Stormwater General NPDES Permit issued for this project(Permit#WAR- 006861A). Per this permit,a Stormwater Pollution Prevention Plan shall be prepazed. This Stormwater Pollution Prevention Plan shall be sent to the Federal Project Coordinator according to Condition A.2 prior to the initiation of construction. 2. Before construction of the Bank begins,a pre-construction meeting shall be held on-site between the project engineer,all necessary construction contractors, and agency representatives including,at a minimum,Ecology and the Corps. During this meeting, site conditions,permit specifications,including Order 3432,and the requirements of the Stormwater Pollution Prevention Plans will be reviewed. 3. 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 dischazged into state waters or storm drains. ' 4. Periodic inspection and maintenance of all erosion control structures shall be conducted no less than every seven(7)days from the start of the project to site stabilization. Additional inspections shall be conducted prior to and after expected rainfall events to I ensure erosion control measures are in working conditions. Any damaged structures shall � be immediately repaired. If it is determined at the time of inspection that additional measures are needed to control stormwater and erosion,they shall be implemented immediately. 5. Machinery and equipment used during construction shall be serviced,fueled, and maintained in uplands in order to prevent contamination to surface waters. All fueling areas shall be provided with adequate spill containment and shall be located a minimum of 50 feet from surface waters of the state. During fueling and servicing of machinery, BMPs shall be in place to contain any spill of petroleum products. Order#3432, Corps No. 200600100 � August!0, 2006 Page 7 of/0 6. Work in or near waters of the state shall be done in a manner that minimizes turbidity, erosion,and other water quality impacts through the use of appropriate and effective BMPs. 7. Construcrion entrances and tire wash areas shall be constructed and operated to avoid intmduction of materials,including sediment, into Springbrook Creek and others waters � of the state, including wetlands. 8. No petroleum products, fresh concrete, construction debris,or other toxic or deleterious materials shall be allowed to enter waters of the state. 9. Prior to disturbing uplands or wetlands on the project site,the adjacent wetlands and stream shall be protected from construction impacts. Within the project limits,the Applicants shall mark the limits of the work area in which heavy machinery will be allowed with highly visible construction fence prior to beginning clearing or other construction activities within 200 feet or less of sensitive aquatic azeas. Heavy machinery shall enter and operate only within the designated work zones,access corridors,and stockpile areas. 10. No excavated material shall be stored in existing wetlands. Temporary storage of excavated material is allowed in upland areas that will be excavated for the purposes of re-establishing wetland. All excavated material that is in excess of what shall be used on- site shall be removed from the bank site. 11. All construction debris and overburden material shall be properly disposed of on land, outside of sensitive areas and their buffers, so that it cannot enter a waterway or cause water quality degradation to state waters. 12. During clearing and grading at the project site,the Applicants shall take all necessary measures to minimize the alteration or disturbance of existing wetland and upland vegetation. 13.The Applicants shall comply with the most cuirent applicable NPDES permit for Aquatic Noxious Weed Control if herbicides are selected to control invasive species. Measures, including but not limited to selection of appropriate application methods and timing, shall be used to minimize introduction of herbicides to Springbrook Creek. Application of herbicides shall occur only in dry weather. 14. Adequate containment shall be used for any mechanical equipment on a structure over water, such as a temporary work bridge or platform, in order to prevent any spills and/or discharges of contaminants to waters of the state. 15. Measures shall be used to minimize disturbance of vegetation when constructing the trail. Order#3432, Corps No.200600100 ' � August!0,2006 Page 8 of 10 16. All disturbed areas resulting from the construction of the trail shall be adequately � stabilized within seven(7)days after the trail is completed so as to prevent erosion or sediment debris from entering waters of the state, including wetlands. E. Mitigation Bank Conditions 1. Project activities shall be achieved through measures described in the following documents, except as modified by this Order: a. Springbrook Creek Wetland and Habitat Mitigation Bank Instrument, Washington State Department of Transporta.tion,August 2006. b. Springbrook Creek Wetland and Habitat Mitigation Bank Memorandum of Agreement, Washington State Department of Transportation, August 2006. 2. All changes to the approved Mitigation Bank Instrument(MBI)and Memorandum of Agreement(MOA)must be approved in writing by Ecology and the Corps. 3. No midgation credits associated with this mitigation bank shall be released for sale or transfer until an approved MOA and MBI are signed by the bank sponsors, Ecology and the Corps,and a conservation easement is placed on the property title and properly recorded with King County. Thereafter,credits sha11 be released in accordance with the terms and provisions of the MBI and the MOA. F. Timing Requirements 1. This Order is valid until the establishment phase of the bank is terminated, as defined in Article N.K. of the final MOA. 2. [n-water work shall be subject to timing limitations imposed by the most current Hydraulic Permit Approval (HPA)by the Washington State Department of Fish and Wildlife (WDFW). G. Emergency/Contingency Measures 1. The Applicants shall develop a spill prevention and containment plan for all aspects of this project. 2. The facility shall have adequate and appropriate spill response materials on hand to respond to an emergency release of petroleum products or any other material into waters of the sta.te. 3. Fuel hoses,oil drums,oil or fuel transfer valves and fittings, etc.,shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into waters of the sta.te. 4 Any work that is out of compliance with the provisions of this Order, or conditions causing distressed or dying fish,or any discharge of oil,fuel,or chemicals into state . Order#3432, Corps No. 200600100 ' August 10,2006 Page 9 of/0 waters, or onto land with a potential for entry into state waters, is prohibited. If these occur,the Applicants shall immediately take the following actions: a. Cease operations at the location of the violation. b. Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or prevent further environmental damage. c. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters,containment and cleanup efforts shall begin immediately and be completed as soon as possible,taking precedence over normal work. Cleanup shall include the proper disposal of any spilled material and used cleanup materials. d. Notifv EcoloQv of the failure to comnlv. lmmediately notify Ecology's Northwest Regional Spill Response Office at 425-649-7000,and within 24 hours of spills or other events to Ecology's Federal Project Coordinator—MAP Team at(425)649- 7181. e. Submit a detailed written report to Ecology within five(5)days that describe the nature of the event,corrective action taken and/or planned, steps to be taken to prevent a recurrence,results of any samples taken,and any other pertinent information. 5 In the event of finding distressed or dying fish,collect fish specimens and water samples in the affected azea within the first hour of the event. These samples shall be held in refrigeration or on ice until the Applicants receive further instructions from Ecology. Ecology may require analysis of these samples before allowing the work to resume. H. Appeal Process You have the right to appeal this Order to the Pollution Control Hearings Board. Pursuant to chapter 43.21 B RC W, your appeal must be filed with the Pollution Control Hearings Board,and served on the Department of Ecology within thirty(30)days of the date of your receipt of this document. To appeal this Order,your notice of appeal must contain a copy of the Ecology Order you are appealing. Your appeal must be filed with: The Pollution Control Hearings Board 4224-6th Avenue SE,Rowe Six, Bldg. 2 P.O. Box 40903 Lacey, Washington 98504-0903 Your appeal must also be served on: The Department of Ecology Appeals Coordinator P.�. Box 47608 Olympia, Washington 98504-7608. , ► Order#3432, Corps No.200600100 � August 10, 2006 Page 10 of 10 In addition,please send a copy of your appeal to: Federal Permit Appeals Coordinator Department of Ecology P.O. Box 47600 Olympia, Washington 98504-7600 For additional information: Environmental Hearings O�ce Website: http://www.eho.wa.gov Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in accordance with RC W 43.21 B.320. These procedures are consistent with Ch. 43.21 B RC W. Dated �� I `� � L�"v K/ at Olympia, Washington. � � . � Brenden McFarland, Section Manager Shorelands and Environmental Assistance Program Department of Ecology State of Washington . ► • . Order#3432; Corps#200600100 August 10,2006 Page 1 of 1 Attachment A: Water Quality Certification Order# Statement of Understanding I, ,state that I will be involved as an agent or contractor for Washington State Department of Transportation and/or the City of Renton in creating a 129-acre wetland mitigation bank within 5 units in portions of Sections 25 and 36, Township 23N, Range 4E; and Section 30,Township 23N,Range SE in the City of Renton, King County, Washington. The Washington State Department of Transportation and the City of Renton are proposing to construct and operate a 129-acre mitigation bank that includes converting portions of five units(Units A,B,C,D, and E)of open space within the City of Renton to wetlands. The project involves re-establishing 17.79 acres of wetlands,rehabilitating 52.16 acres of wetland, enhancing 32.55 acres of wetland,enhancing 7.80 acres of upland,and enhancing 6.55 acres of riparian upland adjacent to Springbrook Creek. I further state that I have read and understand the relevant conditions of Washington State Department of Ecology Water Quality Certification Order#3432 and the applicable permits and approvals referenced therein which pertain to the project-related work for which I am responsible. Signature Date , Company Phone Number I Address City, State, and Zip Code � � �� ►. �� '�a��ss F�� t 3 . �� US Army Corps �� of engineers c: 27 Apri12006 `� Seattle District Our letter cites a Department of the Army administrative appeal rule for permit decisions and approved jurisdictional determinations that went into effect March 9, 1999. In accordance with this rule, we have included a Notification of Administrative Appeal Options and Process and Request for Appeal form of which Section I is the Notification of Appeal Process (NAP) fact sheet and Section II is the Request for Appeal (RFA) form. If a permit decision was made, you may decline to accept a permit if you object to any of the terms or conditions, and you believe that these terms or conditions are based on procedural errors; incorrect data; omission of fact; incorrect application of current Federal manual or guidance associated with wetlands; or incorrect application of a law, regulation, or policy that governs our permit program. Once you accept the permit, you waive the right to further appeal unless we later modify the permit. If you object to this permit decision or jurisdictional determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. As stated previously, enclosed you will find a Notification of Appeal Options and Process and Request for Appeal form. If you request to appeal this determination, you must submit a completed RFA form to the Northwest Division Office at the following address: Mores Bergman, Appeal Review Officer U.S. Army Corps of Engineers,Northwestern Division 12565 West Center Road Omaha,Nebraska 68144-3869 Telephone: (402) 697-2533 Fax: (402) 697-2538 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by the 60th day. "Day 1"is designated as the date of the NAP form. "Day 60" is designated as the 60th calendar day after the date of the NAP form, with the official counting of calendar days beginning on"Day 1" as designated above. When "Day 60" is a traditional non-working day(e.g., a holiday or a weekend), the 60 day timeframe is extended to the next business day. Our Division Office has 90 days to resolve the appeal with you once your completed and acceptable NAO-RFA form has been received. It is not necessary to submit an RFA form to the Division office if you do not object to the decision or determination in our letter. If you have any questions about your options or the appeal process in general, please contact the project manager indicated on the form. Applicant: WSDOT and the City of Renton File Number: 200600100 Date: Springbrook Mitigation Bank Al1G 1 1 2006 . Attached is: � See Section below � INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) � A X � PROFFERED PERMIT (Standard Permit or Letter of permission) � B � PERMIT DENIAL I C ( APPROVED JURISDICTIONAL DETERMINATION I D PRELIMINARY JURISDICTIONAL DETERMINATION E �(ttCyaT . �'.��,.�' : _.. . . A: INITIAL PROFFERED PERMIT: You may accept or obj ect to the permit. • ACCEPT: If you received a Standard Permit,you may sign the pernut document and return it to the district engineer for final authorizarion. If you received a Letter of Pernussion(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional deternunations associated with the pernut. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the perxnit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. ' Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the pernut in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a) modify the pernut to address all of your concerns,(b)modify the pernut to address some of your objections,ar(c)not modify the pernut having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered perxnit for your reconsideration,as indicated in Secrion B below. B: PROFFERED PERMIT: You may accept or appeal the permit � ACCEPT: If you received a Standard Permit,you may sign the pernut document and return it to the district engineer for final authorization. If you received a Letter of Pernussion(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional deternunations associated with the pernut. • APPEAL: If you choose to decline the proffered pernut(Standard or LOP)because of certain terms and condirions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a pernut under the Corps of Engineers Administrative Appeal Process'by completing Secrion II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED J[JRISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to norify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTI._.��AL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an ., approved JD (which may be appealed),by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objecrions to an initial proffered pemut in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrarive record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Sandi Manning,Project Manager Mores Bergman,Appeal Review Officer U.S.Army Corps of Engineers,Seattle District U.S.Army Corps of Engineers,Northwestern Division Post Office Box 3755 12565 West Center Road Seattle,Washington 98124-3755 Omaha,Nebraska 68144-3869 Telephone: (206)764-6911/50 Telephone: (402)697-2533 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigarions of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation,and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. NAO-RFA FORM F.doc 10 Apri12000 _* . � /n��t` Q��'t �� .�5�'L�l��' � . �� c� � 5. � . 1 � �rER�cax�an�c�Tv�v To: ' CITY 4F RENTON , I055 South Grady Way Renton,�VA 98055 , Attn: Surface Water Utility Engineering Supervisor ��C;��/h6q �' 'j,(1Q(p ll1a.5 L�t�L��11 l GR�1NT DEEU OF CONSERVATIUN EASEMENT Grantor: City of Renton Grantee; Cascade Land Conservancy Legal Description Ptn of W ll2 of Section 30,T23N,RSE, W.M. and Pin of Section 25,T23N,R4E,W.M. and Ptn of NE 114 of the NW 114 of Section 36,T23N, R4E. W.M., all in the City of Renton,King County,Washington. Additional Iegal description: at Euhibit A. Assessor's Ta�c Parcei Numbers: 1) 1253$1-0490-QS (L1nit A); 2)252304-90U4(Unit B);3}Ftn of 252304-9029(Unit C); 4)Ptn of 362304-9042-06(LJnit D), ar�d 4)1253$i-0240-04{L3nit Ej HI RANT DEED OF CONSERVATION EASEMENT("Easement")is made as of the� day of�G��42006 by City of Rentan, a municipal carparation("Grantar"),in favor af Cascade Land Conservancy, a Washington nanprofit corporation("Grantee")(collectivety "Parties"). l. RECITALS 1.1. Grantor is the sole owner in fea simple of that certain real property(the"Protected Property")in King Gounty, Washington, mare particularly described in Eac�ibit A(Iegal ' description)and shovv�n on Exhibit B(site plan},which aze attached and incorporated into this Easement by this reference. 1.2. The Protected Property(Springbrook Creek Bank)possesses wetlands and other f sh and wildlife habitat("Conservatian Values"). Wetlands and other fish and wildlife habitat Springbrook Canservation Eaxement 1 October 3>2D06 . r on the Protected Property that are restored, enhanced,or otherwise created after the effective date I of this Easement shall also be considered Conservation Values. I 1.3. The Conservation Values are a result of the Protected Property's inherent ecolagical potential and af the existing ancUor anticipated restoration and enhancement af � wetiands and other habitats on the Protected Property by Washington State Department of Transpartation("WSDOT")and the City af Renton(collectively"Sponsors"). The foregoing restoration and enhancement is intended to qualify the Protected Property for inclusion by ' WSDOT and the City of Renton in a wetland mitigation bank and issuance of credits there from ("Mitigatian Bank"). Additional restoration and enhancement of the Protected Praperty may occur as identified and described in that certain Memarandum of Agreement and Mitigatian Banking Instrument for the Springbrook Creek Wetland and Habitat 1Vlitigation Bank,as may be amended from time to time(collectively`Banking Agreements"),appraved by the Washington Depariment of Ecology and U,S. Army Carps of Engiz�eers("Banking Agencies"), in consultation with other certain public agencies(callectively,`Bank Qversight Committee"). 1.4. The Sgringbrook Creek Mitigation Bank was established by WSDOT and the City of Renton in coordination with, and approved by,the Banking Agencies. This Easernent is a condition af the operation of the Mitigation Bank. Grantee acknawledges that fram time-to-time Grantor may increase the real praperty that is subjeci ta this Easement in furtherance of the Mitigation Bank. Grantor and Grantee may amend this Easement ta accampl'zsh the foregoing as provided in Section 12.1 below. 1.5. Grantor and Grantee intend that the Conservation�aiues be preserved and maintair�ed in perpetuity by permitting only thase land uses an the Protected Property that do not impair or interfere with the Conservation Values,which include,but are not timited to, such restaration, enhancement, and recreatianal uses as fiuther pmvided in this Easement. 1.6. Cirantee is a publicly supparted,taac-exernpt nonprafit arganizatian, qualified under Sections 501{c){3}and 170(h}of the Internal Revenue Cade af 1986, as amended, and also qualified as a nonprofit nature conservancy corparation under RCW 64.04.130 and RCW �� 84.34.250,whose primary purpnse is ta pmmate the preservation of apen space and critically importa�it ecalagical systems in Snahomish, King,Pierce, and Kittitas Counties in Washington State. 1.7. Grantee agrees,by accepting this Easement,to preserve and pratect in perpetuity the Canservatian Values and enfarce the pravisians hereaf unless this Easement is soaner extinguished or terminated as atherwise provided for herein. 1.8. The Parties acknowledge that this Easement does nat provide standards or criteria regarding the effectiveness of the Sponsors' restoration or enhancement of the Protected Property and that this Easement is not intended to provide a basis for ensuring the effectiveness of such restaration and enhancement or to abligate Grantee to ensure such effectiveness. The Parties further acknowledge that such standards and criteria and the ability to ensure the effectiveness i thereof are provided for in the Banking Agreements and related documents. I Springbrook Conservation Easement 2 October 3,2Q06 � 4 2. CONVEYANCE AND CQNSIDERATION 2.1. For the reasons stated abave, and in consideration of the mutual covenants,terms, conditions, and restrictions contained in this Easement,and other good and valuable consideratian pravided by the Parties, Grantor hereby voluntarily grants,canveys, and quit I claims to Grantee a canservatian easement in perpetuity over the Protected Property,consisting of certain rights in the Protected Property, as set forth in this Easement, subject only to the restrictians cantained in this Easement. � 2.2. This conveyance is a conveyance of an interest in real property under the � provisions of RCW 64.04.134 and RCW 84.34.210. I I 2.3. This grant shatl be subject to easements,restrictians, interests, and water rights of recard as of the effectzve date of tlus Easement, mcluding,but nat Iimited to,those set forth m �I Exhibit C,which is attached and incozporated into this Easement by this reference. 2.4. C�rantor expressly intends that this Easement run with the land and that this Easement shall be binding upan CTrantor's successors and assigns. I� 2.5. This Easement does not transfer any water or water rights. This Easement aiso does not transfer,or create any entitiement in, any credit from,or rights in the credits from, the , Mitigatian Bank. � 3. PLTRPUSE The purpose af this Easement is to assure that the Protected Pr�perty will be retained farever in its candition as wetland and other aquatic and riparian habitat of fish, wildlife,and piants,pmviding the wetland,aquatic and riparian functians and values described in the Baseiine Documentation, and to prevent any use of, or activity on,the Protected Property that will impair or interfere with the Conservation Values (tl�e"Purpose"). Grantor intends that this Easement will confine the use af,or activity on, the Protected Pmperty to such uses and activities that are cansistent with this Purpose. This Easement shall nat be construed as affording to the general public physical access ta any portion of the Protected Property. I 4. RIGHTS CONVEYED TO GRANTEE To accomplish the Pwrpose of this Easement,the following rights are conveyed to Grantee by this Easement: 4.1. Identificatian and Protectian. Ta identify,preserve and protect in perpetuity, unless sooner extinguished or ternunated as otherwise provided under this Easement,and to restore ar enhance by mutual agreement,the Conservation Values. 4.2. Access. 4.2.1. To enter the Protected Property annually,at a mutually agreeable time and Springbrook Cvnservation Easement 3 October 3, 2006 . . � � � upon prior written notice to Grantor, for the purpose of making a general inspection to monitar compliance with this Easement. 4,2.2. Ta enter the Protected Property at such other times as are necessary if Grantee reasonably believes that a violation of the Easement is occurring or has occurred, far the I purpase of mitigating or terminating the violation and otherwise enforcing the pravisions of this i Easement. Such eniry shall be upon prior reasonable natice to Grantor, and Grantee shalt not in � any case unreasonably interfere with Grantor's use af the Protected Property. 4.2.3. To enter the Protected Praperty, at mutually agreeabte times and upon prior written notice to Grantor, ta exercise any other affirmative rights as expressly pravided far herein. 4.3, Scienti�clEducational Use. To allow persons or groups ta enter the Pmtected Property for educatianal,scientif c, and bialogical purpases to abserve and s#udy on the Protected Property;provided that any such persons or groups first are approved by Grantor, which approval shall not be unreasonably withheid,delayed,ar conditioned,make priar arrangements wiih Grantar,agree to provide Grantar with copies af any data or reports resulting I frorn such observation or study, and agree ta abide by any reasonabte restrictions on access set � forth by Grantor. Grantor and Grantee agree that ail persons or groups given permission to enter I the Pratected Property shall sign a waiver, substantially in the form attached ta this Easement as i� E�ibit D,which is incorparated herein by ihis reference. This waiver is intended to release I Gaantor, Grantee and Assignee fram alI liability ta the extent aliowed by law. 4.4. Iniuuction and Restoratian. To enjoin any use of, or activity on, the Protected Property that is inconsistent with the Purpose of this Easement, and ta undertake the restoration of such areas or features of the Pmtected Property as may be damaged by uses or activities inconsistent with the provisions af this Easement, all in accordance with Section 9. 4.5. Euforcement Ta enfarce the terms of this Easement, consistent with Section 9. 4.6. Assignmen�. To assign, convey, ar otherwise transfer Grantee's interest in the Protected Property in accordance with Sectian 13 and subject to Sectian 11.4. 4.7. Base[ine Documentation. 4.7.I. Within sixty(b0} days after the effective date of this Easement, within sixty days{b0} after the recording of any amendment hereaf under Sectian 12.1 below and thereafter as pravided in Section 4.7.2 beiow, Grantee shall document specifically the Conservation Values in an inventory of relevant features of the Protected Property,which Grantee shall maintain on file at its affices and which shall be incorporated into this Easement by this reference("Baseline Documentatian"). T'he Baseline Documentation shall cansist of reports,maps,photographs, and ather documentation that provide,collectively, an accurate representation of the Protected Property. The Baseline Documentation is intended to serve as an objective, although nonexclusive, information baseline for manitoring compliance with the terms and conditions af this Easement. Springbrook Corsservation Easement 4 FJctoher 3, 2006 � - -. - - - - - - - - - - - - - - - - - -- - - - -- 4.7.2. As previously noted,the additiona!restoration and enhancement work under the Banking Agreements that may occur on the Pmtected Praperty is likely to enhance significantly the Canservation Values. Grantee may from time-to-time and as nece�sary update the Baseline Documentarion to reflect such work and to document the enhanced Conservatian Values resulting there frorn for putposes of monitoring compliance with the terrns and canditions of this Easement. 4.8, Maintenance of Protected Prapertv. Ta controt non-native,naxiaus weeds and invasive weeds (collectively"Weeds"}, the exercise of which shall be in Grrantee's sote discretion, and aclrnowledging that Grantor is required to comply with att applicable state and locallaws far controlling weeds on the Protected Property(see Section 5.1 t.1,belaw). Grantee shall provide Grantor 10 days prior written natice of its intent to exercise this right to contral We.eds on the Protected Property. 5. GR;ANTCIR'S RESERVED RIGHTS AND OBLIGATIUNS 5.1. General. ��rantor reserves far itself and its successors and assigns all rights accruing from ownership of the Protected Praperty, including,but not lirnited to, the right ta sell, lease, and devise the Prutected Property and the right to engage in, or permit or invite others to engage in,any�ise of,or activity an,the Pmtected Property that is not inconsistent with the Purpose of the Easement and that is not prohibited by this Easement. Without limiting the generality of this Se�tian S.l,Grantor specifically reserves far itself and its successors and � assigns,the follawing uses and activities: � 5.2. Recreation. The undertaking of recreational activities on a non carnmercial basis, such as hiking,bird watching and the public's use of the pedestcian trail provided for in Section 5.5 below,provided that such activities aze conducted in a rnanner and intensity that does � not cause mare than a de minimis adverse impact on the Canservation Values. I� 5.3. Fences. The canstruction and maintenance of fences within or around the � Protected Property. � � 5.4. Habitat Stewardshiu. Restoration. and Enhancemen� Constructing, installing,pianting,maintaining, and engaging in other activities to maintain or further restore or I� enhance the Conservation Values in accordance with the Banking Agreements and any final � design, construction ar management plans and bid specifications subsequently developed in conformance with the Banking Agreements, as tnay be amended &am time to time, ("Mitigation Bank Plans and Specifications"), which may include, but are not limited to: planting and I� imigating plants; removing and cantrolling weeds; maintaining berms, log weir in Unit C, and water conveyance structure in Unit Ll; and creating new wetlands. Grantar shall provide Grantee I� Mitigation Bank Plans and Specificatians relating to; any proposed use of herbicides for Weed , � control; grading and excavation plans; the alteration or manipulation af natural water courses;or the creation af new wetlancls,water impoundments, channels or water caurses and shall gravide �� Grantee with prior written notice af any material deviation fram such Flans and Specifications relating to such activities. Motorized and mechanized vehicles ma be used in fiu�therance of Y y � Springbrook Cotrservation Eusernent 5 October 3, 2006 �, � and to facilitate, the foregoing activities,provided that any off-road use thereof does nat cause more than a de minimis adverse impact on the Conservation Values. If Grantor has conveyed or assigned its rights to engage in the activities described in this Section 5.4 to Grantee or third parties,Grantor covenants to not interfere with such restoratian andlor enhancement,inctuding, but not limited to,by the exercise of any rights reserved to Grantar under this Easement. S.S. Pedestrian Trail, Construction and main#enanee of an elevated public pedestrian trail generally eight feet in its width,constructed of plastic woad, cedar titnber,andlar other nantoxic materials,and located in Unit A at the approximate locatian shawn on Exhibit B, provided that the trail design and construction sha11 be in accordance with the Mitigatian Bank Plans and Specifications. 5.6. Maintenance. Taking vazious actions necessary ta pratect the Conservatian Values and other features of the Pratected Praperty from beavers and to athervvise mitigate for the impacts of beavers on the Protected Property, including,but not�imited to,trapping beavers, removing trees, installing devices ta interfere with activities of beavers, and remaving and otherwise destroying beaver dams and lodges. 5.7, Si ns. The installation and maintenance af signs prvvided that such instailation does not cause mare than a de minimis adverse impact on the Canservarian t�alues. Signs in excess of twenty-five(25)square feet in area need priar written approval by Grantee of sign location and design. 5.8. Scienti�cfEducational Use. Ta ailow persons or groups to enter the Protected Property for educational, scienrific,and biolagical purpase�to abserve and study on the Protected Praperty. Crantor and C�rantee agree that,with the exception of the general public's use of the pedestrian traii provided for in Sectian S.S above,all persons or groups given permission to enter the Protected Praperiy shalt sign a waiver, substantially in the form attached to this Easement as Exhibit D,which is incorporated herein by this reference. This waiver is intended to release Cirrantor,C�rantee and Assignee from all liability ta the extent allowed by law. 59. Protection af I�ealth or Safefiv, The undertaking af other activities necessary to protect health ar safety, or that are actively required by and subject to cornpuision of any governmental agency with autharity ta require such activity;provided that any such activity shall be canducted so that significant adverse impacts an the Conservatian Values are avoided, or, if avoidance is not possible,minimized ta the greatest extent possible under the circumstances. 5.10 Utiiities Infrastructure. Rautine maintenance, improvement, operation, remaval, repair ar replacement of existing City of Renton and King County utilities currently occupying those areas that are designated as "Reserved for City af Renton Utilities Infrast�ucture" and as "King County Sewer Easement"on Sheets 12 through 19 inclusive of the City of Rentan Lot Line Adjustment No. LUA-06-095-LLA,recorded under King County recording Na. 20060824900007, copies of which aze attached to Exhibit C to this Easement. Springbrook Conservation Ea.xement 6 October 3,2006 . S.I 1 Grantor's Obli�ations. 5.11.I. Naxious Weed Contral. Grantor shall comply with al] state and lacal requirements for controlling noxious weeds within the Protected Property. 5.11.2, Structures, Facilities and Imt�rovements. Grantor shatl maintain alt structures, facilities and improvements associated with the faregoing activities, including roads, trails and fences,that are within the Protected Property and are merely incidental ta the functionality of the mitigatian site, but that aze necessary to Mitigation Bank management activities, for as long as necessary to serve the needs af the long term management phase, as described in the Banking Agreernents and related documents. 5.11.3 Access&No�-Interference. Grantor shatl provide access ta the Banking Agencies or theu agents or designees as needed to fulfill their obligatians, as set forth in the Banking Agreements. In the event that Grantor assigns its responsibiiities under the Long-Term Management Plan{"Plan"),as provided for in the Banking Agreements,Grantor shali refrain � from impeding or otherwise interfering with implementatian af the Pian. Activities in fiu-therance of the Plan are to be carried out by the Spansors or their assignees as approved by the Banking Agencies. 5uch activities may include,but are na# limited to,maintenance and repair of water control structures; maintenance,repair, remvvai,or abandanment of structural elements of the Mitigation Bank; and removal of invasive plant species. 6. USES AND ACTIVITIES INCONSISTENT WITH TI�E PURPOSE C3F THE EASEMENT 6.1. General. Any use of,or activity on,the Pmtected Property inconsistent with the , P'urpase of this Easement is prohibited, and Grantar acknowledges and agrees that it will not ', conduct, engage in,or pernut any such use ar activity. Without limiting the generality of the ' foregaing,the fallawing uses af,or activities on,the Protected Properiy, although nat an e�ausrive list af inconsistent uses or activiries, aze inconsistent with the Purpase of this Easement and shall be prohibited: I 6.1.1. Subdivisian. The legal or"de facto"division or subdivision of the I � Pratected Pmperty,whieh shall include,but not be limited to, any subdivisian, shart subdivision, platting,binding site plan,ar other process by which the Protected Property is divided into lats. � This prahibitian shail not be interpreted ta preclude any lot line adjustment that does not create a , nurnber af lots that is greater than the number of Iots in existence on the effective date af this , Easemen#. 6.I.2. Canstructian. The placement, installation, or construction af any buildings, structures, or other improvements of any kind, including,but nat limited ta,roads, ��, raiiroads, utilities, cellulaz phone towers, sepric systems,wells,recreational facilities, and ; parking lots,�xcept as expressly pmvided in Section 5 above, including, specifically, those uses and activities provided for in the Mitigation Bank Flans and Specifications, ', 6.I.3. .Alterahon of Land. The alteration of the swface of the land, including, Springbraok Conservativn Easement 7 Uctober 3, 20(I6 without Iimitation, the excavation or removal of soil, sand, gavel,rock,peat,or sod,except in canjunction with a use or activity expressly allowed in Sectian 5 above, including, specifically, those uses and activities provided for in the Mitigation Bank Plans and Specifications. 6.1.4. Erasion or Water Pallution. Any use or activity that causes or is likely to cause significant soil deg�radatian or erosion or significant pollution of any surface or subsurface waters. For the purposes of this Easement,the uses and activities expressly allowed under Section 5 above, including, specifically,those uses and activities provided far in the Mitigation Bank Plans and Specifications,shall be deemed to not violate this prohibition. 6.1.5. Removal of Trees and Qther Ve�etation. The pruning,topping,cutting down,uprooting,girdling, or other destruction or removal of live and dead trees and other vegetatian,e_Ycept as expressly provided in Sectian 5 abave or in conjunction with a use or activity expressly allowed in Section 5 abave, inclucling, specifically,those uses and activities provided far in the Mitigation Bank Plans and Specifications. 6.1.6. Waste Disuosal. T'he disposal,storage,ar Release of Hazardous Substances,rubbish,garbage, debris,unregistered vehicles, abandoned equipment,parts thereof, or other offensive waste ar material. The term"Release"shall mean release, generation, treatment,disposal,storage, dumping,burying,or abandonment. The term"Hazacdous Substances"shall mean any substances,materials,or wastes that aze hazardous,taxic,dangerous, or harmful,or are designated as,or contain companents that are,or are designated as,hazardous, toxic,dangerous,ar barmfut, andlor that are subject ta regulatian as hazardaus,taxic,dangeraus, or ha�mful or as a pallutant by any federal,state,ar locai law,regulation, statute,or ordinance, inclucting,but not limited ta,petraleum or any petroleum praduct. 6.1.7. Minin�. The exploration for,or development and extraction af,oit, gas, coa1, limestone, fossils,metais, geothermal resources,sand, gravel,nr mck af any type an or below the surface of the Protected Praperty,�eept as expressly provided in rights af record as af the effective date af this Easement, as set forth in Section 2.3 and Exhibit C. 6.1.8. R�reational Activities. The undertaking of recreational activities and the installation or consfiaction af improvements in furtherance of the same,except as expressly provided in Sectian 5 above. 7. NUTICE AND APPRUVAL 7.1. Notice. �.1.1. Grantor. Certain pravisions of this Easement require Grantor to notify Grantee andiar ta receive Grantee's written approval prior to undertaking certain permitted uses and activities(e.g., Sectians 5.4 [habitat stewardship—material deviations form Mitigation Bank Plans and Specifications], S.7 [signage], and 11.3 [subsequent transfersJ). The purpose of requiring Grantor to notify Grantee priar to undertaking these permitted uses and activities is to afford Grantee an adequate opportunity to ensure that the use or activity in question is designed and carried out in a manner cansistent with the Pwrpose of this Easement. Whenever such natice Springbrook Canservation Easement 8 �ctober 3, 2QQ6 1 i �' - -� -� -� -� - -. -. -. -._ -� -- " r uir rantor shall n i e i w ' ' ' to the da is eq ed, G ot fy Grant e n nhng not less than thirty(30)days pnor te Grantor intends to undertake the use or activity in questian. The notice shall describe the nature, scope,design, location,timetable,and any other material aspect of the proposed use ar activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the terms of this Easement and the Purpose thereof. 7.1.2. Grantee. Certain pravisions of this Easement rec�uire Grantee to give notice ta Grantor prior to undertaking certain activities(e.g., Sectians 4.2 [access],4.3 [scientific/educational use],4.$ [weed control], 1Q.2 [taxes],and 13.1 [assignment]). Whenever such notice is required, Grantee shall natify Grantor in writing not less than thirty(34)days grior to the date Grantee intends to undertake the use or activity in question, unless otherwise provided for by this Easement. I 7.2, Apuroval. Where approval by one of the Parties is required under this Easemen#, such approval shall be granted ar denied in writing within thirty(30)days of receipt of a written request for approval,and such approval shall not be unreasanably withheld,delayed or conditioned. Such approval may include reasonable conditians consistent with ihe Banking I Agreernents that must be satisfied in unde�rtaking the proposed use ar activity. 7.3. Optionat Cansultation. If Grantor is unsure whether a propased use ar activity is prolubited by this Easement,C�rantor may cansult Grantee by providing Cmar►tee a written notice describing the nature, scope,design, Iocation,timetabie, and any other material aspect af the pmgased use or activity in sufF'icient detail to permit C�rantee to make an informed judgment as to its cansistency with the Purpase of this Easement and ta provide comments thereon to Grantor. This Sectian�.3 does not itself impose a requirement of prior approval of the activity described in any such natice. j ?.4. Addrefises. Any notice,demand, request,consent, approval, or camrnunication I that any party desires ar is required to give ta the others shall be in writing and either personally j delivered ar sent by first class certified mail,pastage prepaid, or by facsimile(if avaitable)with I original dispatched hy certified mail, addressed as foiiows, or to such ather address as any party , frorn#ime to time shatl designate by written notice ta the others; j � To ��rantor: City of Renton 1055 South Grady Way Renton, WA 98055 Attn: Surface Water Utility Engineering Supervisor To �irantee: Cascade Land Conservancy 615 Second Avenue, Suite 625 Seattle, WA 98104 Attn: Senior Canservation Director Ta Assignee: Washington State Department of Transportation P.O. Box 47338 Olympia, WA 98504-7338 Springbrook Conservation Easemenl 4 October 3,2Q06 � —. Attn: Director,Real Estate Services I And to I Washin,gton State Department af Transportatian P.O. Box 47331 Olympia, WA 985Q4-7331 Attn: Director, Environmental Services 8. ALTERNATIVE DISPUTE RESQLUTION $.1. Preventive Discussions. Grantor and Grantee will prompt�y give the other notice of problems or concerns arising in connection with the other's actions under the Easement nr the use af ar activities or canditions on the Protected Property, and will meet as needed,but no later than fifteen(15)days after receigt of a written request for a meeting,to minimize the same. The party giving natice according to this section sha11 provide a copy thereaf ta Assignee. 8.2. Mediat�onlAlternative Disaute Resolutiou. If a dispute arises between the Pa.rties concerning the consistency af any present or proposed use ar activity with the Purpose of this Easement,and if Grantor agrees not to continue or proceed with the use or activity pending resalution of the dispute,the Pazties shall meet together to discuss the dispute and attempt resolution. if the dispute is not resolved ihrough preventive discussions,ei#her party rnay thereafter refer the dispute to mediation by request made in writing to the ather with a copy to Assignee,or the Parties may,by mutual agreement, utilize other forrns of alternative dispute resolution. Within t��irty(34}days of the receipt of a mediation request,the Parties shall select a single mediator to hear the matter. The matter shall be settled in accordance with any Washington State mediation statute then in effect. 9. JUDICIAL RESaLUTION 9.1. Notice of Violation.Corrective Actian. If either party determines that the ather is in violation of the terms of this Easement or that a vialation is threatened,they shall give written notice ta the ather of such violation and demand corrective action sufficient to cure the violation and,where the vialation invotves injury to the Protected Praperty resulting from any use or activity incansistent with the Pwpose af this Easement,ta restore the portion af the Prote�ted Property so injured to its priar condition in accordance wi#h a plan approved by Grantee. The party giving notice accarding to this section sha11 pmvide a copy thereof to Assignee. ' 9.2. Faiinre to Resoand. Either party may bring an action as provided in Section 9.3 below if the ather party. 9.2.1. Fails to cure the violation within thirty(30)days after receipt of a notice af vialation; or 9.2.2. Under circumstances where the violation cannot reasonably be cured Springbroak Conservatian Easement 14 October 3,2Q06 � . within a thirty(34)day periad, fails ta begin cunng the violation within the thirty(30) day period arxd fails to continue diligently to cure such violation until finally cured. 9.3. Actiun. 9.3.1. Iniunctive Relief. Either party may bring an action at law or in equity in a couri having jurisdiction ta enforce the terms of this Easement: 9.3.1.1. To enjoin the vialation, �x parte as necessary and as allowed under the applicable civil rules,by temporary or permanent injunction, and 9.3.1.2. Ta ret�uire the restoration af the Pratected Praperty to the condition that existed prior to any such injury. 9.3.2. Damages. The prevailing party shall be entitled to recover damages for violatian of the tezms af this Easement or injury to any Conservatian Values protected by this Easement. Without limiting Crrantor's liability in any way,Grantee shall first apply any damages recovered to the cost of undertaking corrective ar restoration actian on the Pmtected Pmperty. 9.4. Emergencv Enforcemen� If Grantee, in its sale discretion,determines that circumstances require immediate actian to prevent or mitigate significant damage to the Conservation Values,Grrantee may pursue its remedies under this Section 9 without priar notice to Grantar or withaut waiting for the periad provided far cure to expire. 9.5. Scane af Relief. Grantee's rights under this Sectian 9 apply equaily in the event af either actual or threatened vialatians of the terms af this Easement. Grantor agrees that Grantee's remedies at Iaw for any vialatian of the terms of this Easement aze inadequate and that Grantee shall be entitled to the injuncfiive reiief described in this Section 9, both prohibitive and mandatory, in addition to such other relief ta which Grantee may be entitled, including specific performance of the terms af this Easement,without the necessity of proving either actual darnages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this Sectian 9 shall be cumulative and shall be in addition to aII remedies naw or hereafter existing at law ar in equity. 9.6. Costs of Enforcement� Except as pravided in Section 8.1 above, in the event a party ta this Easement finds it necessary to bring an action at law or other proceeding against the other party ta enforce any af the pravisions of this Easement, or by reasan of any breach ar default under this Easement, the prevailing party in any such action or proceeding shall be paid all costs and reasonabie attarneys' fees by the ather party. 9.7. Discretion in Enforcemen� Enforcement of the terms of this Easement shall be at the discretion of Grantee,and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any terms of this Easement by Grantor,its agents, employees, contractors, invitees or licensees shall not be deemed or canstrued to be a waiver by Grantee of such term of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upan any breach by Grantor shall impair such Springbrook Canservation Easement 11 Qctober 3,2006 E — —..—. — --- r • l � I right or remedy or be construed as a waiver. 9.8. Acts Bevond Partv's Cantrol.. Neither Grantor nar Grantee shall be in default or ` violatian as to any obligation created hereby and no condition precedent or subsequent shall be deemed to fail to occur if such party is prevented from fulfilling such obligatian by, ar such condition fails to accur due to: 9.8.1. Actions by trespasser upon the Protected Praperty; � 9.8.2. Forces beyond such gariy's reasonable cantroi,caused by a natural or human-caused catastrophic event or a deliberate and unlawful act by a third-party,which forces � by exercise af due diligence and foresight such party could not reasonably have expected ta avoid. A natural catastrophic event includes a fload equal to or greater in magnitude than the 100-yeaz fload event,an earthquake of a force prajected fram an earthquake with a return period of 47S years,or a debilitating drought,disease,wildfire,depredation,regianal pest infestatian, or fluvioigeomorphic change. A human-caused catastrophic event includes war,insurrectian,riat I or other civil disorclers, spill of a hazardaus ar toxic substance, ar fire. A detiberate and unlawful act includes the dumping of a hazardoas or toxic substance,vandalisrn,or arsan; or I 9.8.3. Any action deemed reasanabie by Grantor under emergency conditions to I prevent, abate,or mitigate significant injury to the Protected Property resulting from such causes. j In the event the terms of this Easement are viotated by acts of trespassers, Grantar agrees, at Gmantee's option and expense,to join in any suit,to assign its right of actian to Grantee,or to I appaint C�rantee its attorney in fact, for the purpase of pursuing enforcement action against the j responsible parties. 9.9. Comutiance Certificates. Upon request by Grantor, Grantee shall within thirty (30)days execute and deiiver to Grantor, or to any party designated by Grantor, any dcacument, including a letter af compliance,that certifies,to the best of Grantee's knowledge, the status of Grantor's compliance with any obligation af Grantor cantained in this Easement and atherwise evidences the status af this Easement. 10. COSTS,LiABILITIES,TAXES,ENVIRONMENTAL COMPLIANCE,AND INDEMP�TIFICATION 10.3. Costs.Le�at Repuirements. Liabilities attd Insurance. Grantor retains all responsibilities and shall beaz all costs and liabilities of any kind related to the ownership, operatian, upkeep, and maintenance of the Protected Property. � 10.2. Taxes and Other Costs. Grantor shall pay any ta�ces, fees and charges assessed II against the Protected Property by gavernmental authority a.s they became due,including taxes � imposed upan,or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. To preserve its rights under this Easement, Grantee may, but is in no event abligated to, make payment af any taxes upon five(5)days prior written notice ta Crrantor, in accordance with any bill, statement,or estimate procured from the Springbrook Conservation Easement 12 October 3, 2006 , i i� � appropriate authority,without inquiry into the validity of the ta7ces or the accuracy of the bill, I statement or estimate,and the obligation to Grantee created by such payment will bear interest I until paid by Grantor at the same rate imposed by the relevant govemmental authority for the late I payment of the tax so paid by Grantee. 10.3. Representations and Warr�nties. Grantor represents and warrants that to Grantor's actual kriowledge,and except as clisclosed to Grantee in writting prior to the effective date of this Easement: 10.3.1. There are no apgarent or tatent defects in or on the Protected Property, such as an open well, garbage dump,abandoned underground ta��ks,or hazardous waste dump; and 14.3.2. Grantor and the Pratected Property are in compliance with all federal, state,and local laws, regulations, and requirements applicabte to the Protected Property and its use,includingi�?UI T14I�12111��0� environmental laws,regulations, and requirements. 10.4. Contra�. Nothing in this Easement shall be conshved as giving rise, in the absence of a judicial decree,to any right ar ability in Grantee ta exercise physical or managerial control over the day-to-day operatians of the Protected Pmperty,or any of Grantor's activities on the Protected Property,or otherwise ta be�ame an operatar with respect to the Protected Praperty within the meaning af the Comprehensive Environmental Response Compensation and Liability Act af 19$0, as amended("CERCLA"), and the Model Taxics Control Act, as amended {"MTCA"). 10.�. Grantor's Indemnificatian. Grantor shall hald hazmless,indemnify, and defend Crrantee and its members, direcfors, officers, employees, agents, and contractors (collectively "Grantee Indemnified Parties"}from and against all liabilities,penalties, costs, losses, damages, expenses, causes af action,claims, demands, or judgments,including, without limitation, reasanabie attomeys' and consultants' fees, arising from or in any way connected with breach of its representatians and wazranties or injury to or the death of any person, or physical damage to any pmperty, resulting from any act,omission, conditian,ar other rnatter related to or occurring on or about#he Protected Property that is not a consequence af any action or omission of any of I the Grantee Indemnified Parties on or abaut the Protected Property. 10.6. Grantee's Indemnificatian. Grantee shall hold harmless, indexnnify, and defend Grantor and Grantor's members, directors, officers, employees, agents,and contractors (collectively"Grantor Indemnified Parties") from and against aIl liabiliti�s, penalties, costs, losses,damages, expenses, causes of actian, ciaims, demands, or judgments, including, without Iimitation, reasanabie attorneys' and consultants' fees, azising from or in any way connected with injury to or the death of any person, or physical damage to any property,resulting from any act, omission, condition, or other matter related to or occurring on or about the Protected Properiy that is a consequence of Grantee's actions or amissions or the actions or omissians of Grantee's members, directors, officers,employees, agents,or contractors on or about the Protected Property. Springbraok C:vnservation Easement 13 t}ctober 3, 2UOb 11. EXTINGUISHMENT,CONDEMNATION,AND SUBSEQUENT TRAIYSFER 11.1. Extin�aishment� If circumstances arise in the future that render the Purpase of this Easement impossible to accomplish,this Easement can only be terminated pr extinguished, whether in whole or in part,by the Parties' mutual agreement and with the written approval af the Banking Agencies, or by judicial proceedings of a court having jurisdiction. Unless otherwise agreed to by the Partzes,Grantee shall have no compensable interest in this Easement under such circumstances and Grantee acknowledges that its compensation relating ta its obligatians under this Easement is grovided for under separate agreement with the Crantpr. The immediately foregoing pravisian shall be limited solely ta the circumstances described in this Section 11.l, and shall not be interpreted to have any applicatian or inference to any ather provision of,or circumstance under,this Easement, including,but not Iimited ta, those provisions pertaining to Grantee's rights to enforce the terms af this Easement and Grantee's I rights to damages to, or the cost af restoring,the Canservation Values. 11.2. Condemnatian. If the Easement is taken, in the whole ar in the part,by the II exercise af the pawer of eminent damain,Grantee shatl nat be entitled to compensatian and the j entirety af any campensation award shalt beiong ta Grantor. The immediately foregoing j provision sha11 be limited satety to the circumstances described in this Section 11.2, and shatl not � be interpreted to have any applicatian or inference to any other provision of, or circumstance � under,this E;asement, including,but not limited to,those provisions pertaining ta Grantee's � rights to enforce the terms af this Easement and Grantee's rights ta damages to, ar the cost af j restaring, the Conservation Values, 11.3. Subsepuent Transfers. Grantor agrees to: I 1 i.3.2. Incorparate the terms of this Easement by reference in any deed or other I legal inst�lunent by which it divests itself of any interest in all or a portion af the Protected I Property, including,withaut limitatian, a leasehold interest; j 11.3.2. Describe this Easement in and append it to any executory cantract far the I transfer af any interast in the Protected Property; and j I 1.3.3. Give written notice to Grantee ofthe transfer of any interest in all or a I portion af the Protected Property prior to the date of such transfer. Such notice to Grantee shall I include the name, address, and telephone nurnber of the transferee or the transferee's I representative. ( The failure of Grantor to perform any act required by this Section 11.3 shall nat impair the validity of this Easement or limit its enforceabitity in any way. I1.4. No Merger. In the event that Grantee acquires the£ee title to the Pratected Property, it is Grantor's and Grantee's intention that no merger of title shall take place that would merge the restrictions of this Easement with fee title to the rotected ra ert and thereb . P P F Y Y etimmate them, and that the restrictians on the use of the Protected Property, as embodied in this I I Springbrook Canservation Easement I4 Octoher 3, 2006 Easement,shall,in the event title becomes vested in Grantee,become and remain permanent and perpetual restrictions an the use of the Protectecl Property. Furthermare, the Grantee agrees to ( incorporate the provisions in this Grant Deed af Conservatian Easement in any subsequent � conveyance of an interest in the Protected Property. I 12. AMENDMENT 12.1. Amendment to Exaand Area. Grantor and Grantee are free to jointly amend this Easement to increase the real property that is subject to this Easement,provided that any such additional real pmperty is cantiguous with the pmperty#hat is already subject to this Ea.sement. Any such amendment sha11 be recarded in the official records of King County, � Washington, and any other jurisdictian in which such recordin is r uired. I � � 12.2 4ther Amendments. If circumstances arise under which any other amendment to or modification of this Easernent would be appropriate, Grantor and Grantee aze free to jointly ' amend this Easement upon appravai of such amendment or modification by the Banking ', Agencies. Any such amendment shail be recorded in the official records of King County, , Washington, and any other jurisdictian in which such recarding is required. ', 13. ASSIGNMENT AND SUCCESSION ',, 13.2. Assignment Generailv. With Grantar's written approval,which will not be ' unreasonabty withheld, conditioned,or deiayed,and the Banking Agencies' written appraval, this Easemen#is transferable,but Crrantee may assign its rights and obligations under this Easement only to an organization that is aukhorized to acquire and hold conservation easements under RCW 64.04.130 ar RCW 84.34.210(or any successor provision(s)then applicable). As a condition of such transfer, Grantee shall reqr,ure that the h�ansferee ex�rcise its rights under the assignment consistent with the Purpose of this Easement. Grantee shall notify Grantor in writing ' forty-five(45}days prior ta such assignment at Grantor's last known address. ', 13.2. Assignment ta WSDOT. The Grantee agrees ta assign this Easement to the ' V�ashingtan State Departrnent of Transpartatian("Assignee")at such time as all of the � Assignee's ba.nking credits have been sold,used ar transferred,or the Sponsors have � permanently ceased banking activiries,whichever occurs earlier(Terminatian of Assignee's ' Mitigation Bank Operational Life). Assignee shall certify in writing to Grantor, Grantee and the � Bank Oversight Cammittee that the events necessary for Termination of Assignee's Mitigation � Ba�nk Operational Life have occurred, and that Assignee requests Assignment of the Easement � pursuant to this Section. Upon Grantee's receipt af Grantor's written appraval, which will not be unreasonably withheld,conditioned,or delayed, and receipt of the Banking Agencies' written appraval, Grantee shall assign,and WSDOT shall accept assignment under an Assignment of Easement substantially in the form af Exhibit E. Assignee will be obligated to al1 terms of this I Easement and will hold this Easement as Grantee from that point on in pergetuity. I 13.3. Suceession. If at any time(a)it becomes impossible far Grantee to ensure j compliance with the covenants, terms,conditions and restrictions contained in this Easement,(b) i the Grantor and the Banking Agencies, or the B��king Agencies alone,determine that this � Springbrovk Conservation Easement I S October 3, 2006 I Easement should be assigned due to any reasans of actual non performance by the Grantee, � inciuding,but not limited to, circumstances under which actual nan perforrnance occwrs because � Grantee is the holder of both the fee title ta the Protected Praperty and this Easement, (c)Grantee ceases to exist or to be authorized to acqui;re and hold conservatian easements under RCW 64.04.130 and 84.34.210(or any successor provisian(s)then applicable),or(d) Grantee is otherwise released from its liabilities and obligations under the Easement, then, if Grantee has been provided forty five(45)days prior notice and opportunity to cwe any non performance or otherwise remedy any other circumstance forming the basis of any tra.nsfer under this Sectian 13.3,and subject to the Preventative Discussion provisions under Section$.2 above if applicable, Grantee's rights and obligations under this Easement shall become vested and fa11 upon the Banking Agencies or such other entity,with purposes similar to Grantee's, that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.214{ar any successar provision(s)then applicable),to ths extent that they shall accept this Easement; I, provided that if such vesting is deemed to be void under the Rule Against PerpetuiYies,the rights and obligations under this Easement shall vest in such organization as a court having jurisdictian shall direct,pursuant ta the applicable Washington law and with due regard to the Purpose of this ' Easement. , 14. RECORDATI4N Cirantee sha11 record this Easement in a timely fashion in the official records of King County,VYashington,and in any other appropnate jurisdictions, and may re-record it at any time as rnay be required to preserve its rights in this Easement. 15. GENERAL PROVISI4NS 15.1. Controlfin�Law. The interpretatian and performance af this Easement shall be goveme�by the laws of the 5tate of Washington. 15.2. Liberal Canstructian. Any general rule of construction ta the contrary notwithstanding,this Easement sha11 be tiberaliy construed in favor of the grant to affect the Purpose of this Easement. If any provisian in this Easement is found to be ambiguaus, an interpretation consistent with the Purpase of th�is Easement that wauld render the provision valid shall be favored over any interpretation that would render it invalid. 15.3. Severabilitv. If any pravision of this Easement,ar its application to any person or circumstance, is found to be invalid, the remainder of the provisions af this Easement, or the app►licatian af such pravision ta persons or circwnstances ather than those as to which it is found to be invalid, as the case may be, shall not be affected. 15.4. Entire A��reement. Except as to the Conservation Easement Reimbursement Agreement far Springbraak Creek Wetland and Habitat Mitigation Bank, ali prior discussions, negotiations, understandings, communications,or oral agreements regarding this Easement have been superseded by, and are merged into, this Easement. 15.5. Na Forfeiture. This Easement does not convey any interest in the Protected Springbrook Conservation Eusement lb October 3,2QQ6 . �__ _ - _ __ I ' I . �I � Property other than the rights specifically provided herein. I 15.6. "Grantor"- "Grantee". The terms"Grantor" and "Grantee,"wherever used in this Easement,and any pronouns used in their place, shall be held to mean and include, respectively the above-named Grantor, and its successors and assigns, and the above-named Grantee, and its successors and assigns. 1S.'7. Successors and Assi ns. The covenants,terms, canditions, and restrictions of this Easement shall be binding upon,and inure to the benefit of, the Parties ta this Easement and their respective successors and assigns, and shall continue as a servitude running in pe�petuity with the Pratected Praperty, unless sooner ternunated as expressly pravided for herein. No term or provision of this Easement is intended to be,or shall be, for the benefit of any person, firm, � organization,ar co�poration not a party to this Easement,and no such ather person, firm, '� organization,ar corporation shall have any right or cause of action hereunder,eaccept as expressly pravided in Section 13 above. 15.8. Terminatioa of Ri�hts and Obti atians. A party's rights and obligations under this Easement terminate upan transfer af the party's interest in the Easement or Protected Property, except that liabiiity far acts or omissions accurring priar ta transfer shall survive transfer. ' 15.9. Counteroarts. The Parties ma execute this Easement in two or more � Y ' countergarts,which sha11 be signed by ail Parties. Each counterpart shall be deemed an original insbnament as against any party who has signed it. In the event of any disparity between the counterparts produced,the recorded counterpart shalt be cantrolling. ; 15.10. Recitals. Each recital se#forth above is fully incorporated into this Easement. ', 15,11. Effective Date. The effective date of this Easement is the date of recording af this Easement. 15.12. Autharitv. The individuals signing below, if signing an behalf of any entity, represent and warrant that they have the requisite authority to bind the entity on whase behalf � they are sigung. � 15.13. Cautians. The captions in this Easement have been inserted solely far convenience and ease of reference and are nat a part of this Easernent and shall have na effect ,, upon constructian or interpretatian. � 16. SCHEDULE 4F EXHIBITS 16.2. Exhibit A—Legal Description of Prope Sub'ect ta Easement. rtY J 16.2. Exhibit B-- Site Map(s). 16.4. Exhibit C—Perrnitted Exceptions ' Springbraok Conservation Easernent 17 4etober 3,2(JOG . I 16.5 Exhibit D—Agreement for Release From Liability 16.6 Exhibit E—Assignment of Easement � TO HAVE AND TO HOLD unto Grantee,its successors and assigns forever. IN WITNESS WHEREOF,the undersigned Grantar has executed this Easement this 3 dy of ��%o'��. ,2006. � CITY OF RENTON,Grantor B ��%� 1��'�-.- Y Kathy Kealk�er,Mayor The CASCADE LAND CONSERVANCY does hereby accept the above Grant Deed af Conservation I Easement. I � Dated: t�b • y o6 � I CASCADE LAND CONSERVANCY, GT�Tit� B �� y '� I �5+�.� C�`�irrrtor� ��c�E.'C.v�ib�e., . II �1`i�C¢ �r�'S%� TrIE WASHINGTON STATE DEFARTMENT OF TR.ANSP4RTATION does hereby accept its designation as Assignee n the ccurrence of thflse events described in Paragraph 13.2 above, ��: �°� �.�� r • WASHINGTON STATE LIEPARTMENT CiF TRANSPORTATION By �o.. ! -- G d I,,�allinger j Director of Real Es e Services I I � � I � Springbrook Conservatio»Easement 1$ October 3,2Q46 i STATE OF WASHINGTON � )SS. COUNTY OF KING � On this�r f�day of��L�2QU6,before me, the undersigned, a Notary Public in and for the State of Washington,daly commissianed warn,personalty appeared i�, ta rne known to be the�'t�? rta�Y OF RENTQN, the Washingtan limited liabilit company that executed the within and fore oin Easement and acknowied ed g � a � the said Easement to be the free and voluntary act and deed of said company for the uses and purposes therein mentioned, and on oath stateti that he is authorized to execute the said Easement. Wrrrt�ss my hand and official seai hereta affixed the deal and year in this certificate above written. ```��# ��~k,s��,��,p rt,��fi�� I �1.�U'�� i�"'��.p'��t�` ,� ��q{iti '. g$ a,.�y''��i NOTARY PUBt,tc in and forf�e S��2te of � �,��.��} u�'; % Washingtan,rgsi�ing�at k •`1L7 � � :c°� " � " 'z� Print Name: t�1i 1,19�(� lu�,tt 1�'�t�Fl rj � � ��i,� '°t1B�`�,,!��- My commission expires_��7�?� i �,`''��,i9'��```�� '��g��'��``��. � STATE OF WASHINGTON � � � SS. � Covrrrr oF K�rc ) I On this � day o _2005,before me,the andersigned, a Notary Public in , I and for the State of Washingtan,du1 0 'ssioned and swam,personally appeared4:'re��,Q„�., i . � I O 4�'Vior E��to me known to be the��w��of Cascade Land Canservancy,the Washu;gton Y I I nanpmfit corporation that executed the within and foregaing Easement, and acknowledged the I said Easement to be the free and voluntary act and deed of said carpvration for the uses and I purposes therein mentioned, and on oath stated that he is authorized to execute the said ( Easernent, � I W�'rtvEss my hand and official seal hereto affixed the deal and yeaz in this certificate above writken. , j �,��.•��'wii��r'E,�!��.,,, I ♦ � . !b �rjr��r ,� // � � �AOTAt�r f% No'r�tY Pus�,�C in and for the State of = � ��_ ^ Washingtan,residing at - � s � ; Print Name:�, �.ty.�.� rd►� ,� A��'l � ,�` My commission expues [dS��t y �! 4 4�4 — ��'fj��, 1' �,0 �e`�� I ��i�� W A8N 1�� It/lil1ili1��ti � � � Springbroak Cvnservation Easement I9 October 3,2006 � EXHIBIT A to GRANT DEED OF CON5ERVATION EASEMENT Le�al Description of Propertv Subiect to Easement LTnits A,B and E of City of Renton Lot Line Adjushnent Na. LUA-06-045-LLA,recorded under King County Recording Na.20Q5082490t?(?47,as more particularty described in the attached Sheet 2 thereof; TC?GETHER WITH Unit C of said Lot Line Adjustment, as more particularly described in the attached Sheet 2 thereof,EXCEPT that partian af said unit lying northerly af the southernmast line of the easement granted to Burlington Narthem and Santa Fe Railway Ca. recorded under King Caunty Recarding Number 20{}5430340496�; and T4GETHER WITH the north 721 feet of Unit D of said Lot Line Adjustment, as more particularly described in the attached Sheet 2 thereaf. Situated in Section 30,Township 23 North,Range 5 East,W.M., and in Sectians 25 and 36 of Township 23 Narth,Range 4 East,W.M., ali in the City of Renton,King Coun#y,Washington. Sprirrgbrook Canservation Easemens 20 Octaber 3,2Q46 T. 23N. R. 4E. W.M. � T. 23N. R, 5E. W.M. , . . . 517.Z71N S1REE,T� SPRINCBROOK CREEK WEtUND ` �' � AND HABITAT M111CAilON BANK � eaurroxmes � --AEDESTRIAN 7RAN.80UkQARtES. _ v��a �ft1 �j P ._ _�. , ( N ;i f �N�� G � ( L.-- � 25 ^��i . . 3�1 � ' � < 4k 3+M S1RRT � I T 1 � � � i , �t �� • 1� �� : sM»1H s�xEtT_. 1 il -' ._.!...... I(..............�................................ I ..................� . , �N\� � ' II � • S 11lOM$1NEC7 • � � . �oc zw o wo ,oaa �� , ; SC/+�E iN FEEf � W ; W XHIBIT — B E I b- : in I � 36 31 � ' � : � I ' � � � � � �I - -- EXHIBIT C to GRANT DEED OF CONSERVATION EASEMENT Permitted Exceptions 'Those restrictions,reservations and protective covenants, and those easements identified as "remaining"ar"portion remaining,"all as shawn on Sheets 12 through 19 inclusive of the City of Renton Lot Line Adjustment No. LUA-06-09S-LLA recorded under King County Recording No. 20060824904047,capies of which are attached hereto. Springbrook Conservatian Easement 22 October 3,2006 �---- -- - - - - - - - - - - - -. —. —.— - - - - - EXHIBIT D to GRANT DEED OF CONSERVATION EASEMENT A�reement for Release from Liabilitv In consideration for permission to enter certain property, the Springbrook Creek Mitigation Bank, in King County, Washington, owned by City of Renton(hereafter the "Protected Property")to observe and study the ecology of the Protected Property, I hereby acknowledge and agree to the following: 1. My acrivities in the Protected Property involve many risks, including,but not limited to, risks of bodily injury/illness or death resulting from accident,poisonous plants or animals; 2. I am entering the Protected Property at my own risk and I assume full responsibility for the risk of bodily injury or death,whether foreseen or unforeseen,in connection with my activities in the Protected Property; 3. I HEREBY RELEASE,WANE AND DISCHARGE CITY OF RENTON and their personal representahves,heirs, successors, and assigns, and the CASCADE LAND CONSERVANCY and its personal representatives, successors, and assigns from atty liability for harm or loss suffered by me m connechon with my activities in the Protected Property, WHETHER BY NEGLIGENCE OR NOT, atld I FURTf�R SAVE AND HOLD HARMLESS CITY OF RENTON,WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, and their personal representatives,heirs,successors or assigns, and the CASCADE LAND CONSERVANCY, and its personal representatives, successors, and assigns, from any and all liability,actions,causes of acdon,claims,demands of every kind and nature whatsoever by me or my family,estate,heirs, executors, administrators, legal representatives, successors or assigns arising out my activities in the Protected Property; 4. I hereby expressly agree that this"AGREEMENT FOR RELEASE FROM LIABILITY" is intended to be as broad and inclusive as permitted by the laws of the State of Washington, and if any portion thereof is held invalid, it is agreed that the balance shall,notwithstanding, continue in full foroe and effect; and 5. This "AGREEMENT FOR RELEASE FROM LIABILITY"contains the entire agreement between the parties hereto and that the terms of this Agreement aze contractual in nature and not a mere recital; I understand all of the terms; and I am of lawful age and legally competent to sign this Agreement. , ------------------------------------------------------------------------------------------------------- ** I HAVE FULLY INFORMED MYSELF OF THE CONTENT OF THIS"AGREEMENT FOR RELEASE FROM LIABILIT'Y"BY READING IT CAREFULLY BEFORE SIGNING IT. Name(print) Signature Date City/County/State Springbrook Conservation Easement 23 October 3, 2006 EXHIBIT E to GRANT DEED OF CONSERVATION EASEMENT Assi�nment of Easement Springbrook Conservation Easement 24 October 3,1006 AFTER RECORDING RETURN TO: CITY OF RENTON 1055 South Grady Way Renton, WA 98055 Attn: Surface Water Utility Engineering Supervisor ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT Assignor: Cascade land Conservancy Assignee: Washington State Department of Transportation Legal Description Ptn of W 1/2 of Section 30,T23N, RSE, W.M. and Ptn of Section 25, T23N,R4E, W.M. and Ptn of NE 1/4 of the NW 1/4 of Section 36, T23N, R4E. W.M., all in the City of Renton, King County, Washington. Additional legal description: at Exhibit A. Assessor's Tax Pazcel Numbers: 1) 125381-0090-OS (Unit A); 2)252304-9004(Unit B); 3)Ptn of 252304-9019(Unit C); 4) Ptn of 362304-9002-06(Unit D); and 4)125381-0240-04 nit E � ) Reference Number of Related Document [EasementJ: THIS ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT ("Assignment") is entered into by and between CASCADE LAND CONSERVANCY, a Washington nonprofit company ("Assignor"), and the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, a state agency of the State of Washington ("Assignee") (collectively, the "Parties"). RECITALS A. Assignor is the Grantee under that certain Grant Deed of Conservation Easement, made by the City of Renton,Crrantor, in favor of Grantee,dated , 2006, and recorded in the real property records of King County, Washington, under Auditor's File No. ("Easement"). The Easement is attached hereto as Exhibit B. Springbrook Conservation Easement 25 Octo6er 3, 2006 B. The Easement provides for the preservation and protection in perpetuity of certain real property located in King County, Washington (the "Protected Property"), as legally described in Exhibit A hereto. C. The City of Renton (Grantor of the Easement) and Assignee are collectively the sponsors of a mitigation bank, known as the Springbrook Creek Wetland and Habitat Mitigation Bank("Mitigation Bank"). T'he Easement is a condition of the operation of the Mitigation Bank. D. The Easement requires Assignor to assign the Easement to Assignee upon certain events (Termination of Assignee's Mitigation Bank Operational Life), which events have now occurred. E. Assignee is authorized to acquire and hold conservation easements under RCW 64.04.130. F. Assignor desires to assign all of its right, title and interest in the Easement to Assignee, and Assignee desires to accept all right,title and interest in the Easement. G. The City of Renton has provided Assignor with its written approval of this , Assignment, as have the Washington Department of Ecology and the U.S. Army Corps of , Engineers(the Banking Agencies). � AGREEMENT ' NOW THEREFORE, intending to be legally bound and for good and valuable consideration, including the mutual covenants and promises of the parties, the adequacy and � receipt of which is hereby acknowledged, the Parties agree as follows: l. Assignment. 1.1 Assignor hereby assigns all of its right, title and interest in the Easement to Assignee in consideration for Assignee's assumption of all of Assignor's stewardship and management obligations under the Easement. Upon assignment, Assignor has no further rights, responsibilities or obligations under the Easement. 1.2 Assignee hereby assumes all of the rights and obligations of Assignor as Grantee under the Easement, and agrees to exercise its rights and obligations under this Assignment consistent with the Purposes and terms of the Easement. 2. Assignee's address for notices to Grantee under Section 7 of the Easement is: Washington State Department of Transportation P.O. Box 47338 Olympia, WA 98504-7338 Attn: Director,Real Estate Services Springbrook Conservation Easement 26 October 3, 2006 Axid Washingtan State Department of Transportation P.O. Box 47331 Olympia, WA 98504-7331 Attn: Director, Environrnental Services 3. General Terms 3.1 Entire A�reement. This Assignment contains the entire integrated agreement of the Parties, including all of the covenants and conditions between the parties, with respect to the subject matter of this Assignmeat, and sugersedes all prior correspandence, agreements, and understandings,both oral and written, 3.2 Authoritv, Each undersigned representative of the parties certifies that he or she is futly authorized ta enter into the terms and conditions of this Assignment and to legally I execute,and bind such party to,this Assignment. � 3,3 Recitals. Each recital and exhibit set farth above is fuily incorpara.ted into this � Assignment. I 3.4 Effective Date. The effective date of this Assignment shall be the earliest date by which both Assignar and Assignee have executed this instrument. �I TO HAVE AND TO HdLD unto Assignee,its successars and assigns farever. II IN WTtNESS WHEREOF,the undersigned Assignar has executed this Assignment this�day of I ,20 . CASCADB LAND CONSERVANCY,AssignoT By [name] [title] The WASHINGTON STATE DEPARTMENT OF TRANSPORTATION does hereby accept the above Assignrnent of Grant Deed of Cansecvation Easement. ' Dated: WASHINGTON STATE DEPARTMENT 4F TRANSPORTATION I By [name] [title] Springbrook Canservation Easement 27 Dctober 3,2Q�d STATE OF WASHINGTON ) )SS. COUNTY OF KING ) On this day of 20_,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared to me lrnown to be the President of Cascade Land Conservancy,the Washington nonprofit corporation that executed the within and foregoing instrument,and aclrnowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned,and on oath stated that s/he is authorized to execute the said instrument. WI7NESS my hand and official seal hereto affixed the deal and year in this certificate above written. NoT�xY PusL[c in and for the State of Washington,residing at Print Name: My commission expires STATE OF WASHINGTON ) )ss. COUNTY OF KING ) On this day of 2006,before me,the undersigned,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared [name]to me lrnown to be the [title)of the Washington State Department of Transportation,the agency of the State of Washington that executed the within and foregoing instrument,and aclrnowledged the said instrument to be the free and voluntary act and deed of said agency for the uses and purposes therein mentioned,and on oath stated that slhe is authorized to execute the said insri-ument. WITNEss my hand and o�cial seal hereto affixed the deal and year in this certificate above vvritten. NoT�tv PUBLtC in and for the State of Washington,residing at Print Name: My commission expires Springbrook Conservation Easement 28 October 3,2006 EXHIBIT A to ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT Legal Description of Pronertv Units A,B and E of City of Renton Lot Line Adjustment No. LUA-06-095-LLA,recorded under King County Recording No. 20060824900007,as more particularly described in the attached Sheet 2 thereof; TOGETHER WITH Unit C of said Lot Line Adjustment,as more particularly described in the attached Sheet 2 thereof, EXCEPT that portion of said unit lying northerly of the southernmost line of the easement granted to Burlington Northern and Santa Fe Railway Co. recorded under King County Recording Number 20050303000964; and TOGETHER WITH the north 721 feet of Unit D of said Lot Line Adjustment, as more particularly described in the attached Sheet 2 thereof. Situated in Section 30, Township 23 North, Range 5 East, W.M., and in Sections 25 and 36 of Township 23 North, Range 4 East, W.M., all in the City of Renton,King County,Washington. Springbrook Conservation Easement 29 October 3,2006 EXHIBIT B to I ASSIGNMENT OF GRANT DEED OF CONSERVATION EASEMENT j Conservation Easement I Springbrook Conservation Easement 30 Octaber 3,2006 � _ c.f}c; - o�-��y � p��Y �� Washington State ` � ' �� Department of Transportation ��N� Springbrook Creek Wetland and Habitat Mitigation Bank Mitigation Bank Instrument � _. P 'y"_ F. �f �.-.�i`t .r��',�'- t ��I�,��"'".... - _ � +� r 3� 4 �� 3 �' � � ��' � � ,� � ``.` �� a ',,,F�';, � "�s/�r`i,,,��' ,,,,�` .r,;,•t,�'% 'rr� .'�� '��: a , y .' .. �.�`'�r` t79k, ��` �E ` ` -.{_ fw�'� - r* � 1 . y . ' !� �, `�:�.� ,,':r. - . .. �,� „ �� _ Y�� ;�R 2!�`_�.L � j �i�Ap/�_ .,.. . �. �� . �.a� 1 4L .�'. _`. ' ��., :.y r. 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Departmerrt of Transportation � Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Approved By: � �C � ��Z�l o� Michael McCornuck Date Colonel,Corps of Engineers District Engineer v�',� � � � �.�� .L�- � � l Richard B.Parkin Date Acting Director,Office of Ecosystems,Tribal and Public Affairs Environmental Protection Agency,Region 10 ��r�y C'--`y"� --- ��Zi��- _ Gord�White Date Program Manager for Shorelands and Environmental Assistance Program Washington State Department of Ecology � �- , � � �ll��G�, __ -- _ _--- -- -- Ken erg ' Date Manager,Western Washington ish and Wildlife Office U.S. Fish and Wildlife Service ' � og/!$/o�, Daniel Mathis,P.E. � Date Division Administrator Federal Highway Administration(exofficio) �� _��i��o 6 Kathy Ke�lker /. 9 Date Mayor A t t e s t: x'��1Nt.[L � Gl/C2� CityofRenton Bonnie I . Walton, City Clerk . � C � ----_�� _ _ __ _� � � e an White .E. � � Date g , Director,E vir nmental Services Washington te Department of Transportation FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Executive Summary Location: The Springbrook Creek Wetland and Habitat Mitigation Bank (Springbrook Bank) is located in the City of Renton, King County, Washington; Sections 25, 30, and 36, Township 23N, Ranges 4E and SE; Lat 47° 27' 20" Long 122° 14' 24". Portions of the site are adjacent to Springbrook Creek. Springbrook Bank is located in the Green- Duwamish Watershed (Water Resources Inventory Area [WRIA] 9). Service Area: The service area of Springbrook Bank includes portions of the Cedar- Sammamish Watershed(WRIA 8) and the Green-Duwamish Watershed(WRIA 9). Size of Bank: Springbrook Bank is expected to generate 45.12 mitigation credits on the 129.37-acre site. One credit compensates for one acre of Category II wetland. Land Owner: The City of Renton (Ciry) owns the land within Springbrook Bank. Bank Sponsors: The City and Washington State Department of Transportation (WSDOT) will operate and manage Springbrook Bank. Type of Bank: Springbrook Bank will generate wetland mitigation credits through the re-establishment, rehabilitation, and enhancement of wetlands combined with the enhancement of upland and riparian areas. Purpose: The purpose of Springbrook Bank is to provide compensation for unavoidable impacts to wetlands and other aquatic resources caused by WSDOT highway construction projects and City mitigation requirements within the service area. Goal: The goal of Springbrook Bank is to increase wetland area and encourage improved hydrologic, water quality, and habitat functions, while facilitating environmental education opportunities. Objectives: The objectives of Springbrook Bank are to re-establish 17.79 acres of wetland, rehabilitate 52.14 acres of wetland, enhance 32.54 acres of wetland, and enhance 7.80 acres of upland and 6.55 acres of riparian upland adjacent to Springbrook Creek for a total of 116.82 acres; the remaining acreage consists of non-credit generating buffers. The proposed restoration and enhancement activities will re-connect floodplain wetlands with Springbrook Creek, re-establish wetlands, and may improve water quality, hydrologic, floodplain, habitat, and riparian functions in a highly urbanized area. Use of Credits: WSDOT anticipates using its credits from Springbrook Bank for transportation projects within the service area. The City will use its credits for projects within the service area. Springbrook Creek Wetland and Habitat August 2006 Mitigation Bank lnstrument Page vii FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table of Contents List of Acronyms and Abreviations..................................................................................v ExecutiveSummary........................................................................................................vii 1.0 INTRODUCTION AND BACKGROUND INFORMATION...................................1-1 1.1 PROJECT OVERVIEW................................................................................... 1-1 1.1.1 General Mitigation Bank Goal and Objectives .......................................... 1-2 1.1.2 Project Setting............................................................................................ 1-2 1.1.3 Site Selection Rationale ............................................................................. 1-4 1.1.4 Bank Site Description................................................................................. 1-5 1.1.5 Unique Urban Setting and Public Access .................................................. 1-9 1.2 LEGAL AUTHORITY AND RESPONSIBILITIES OF BANK SPONSOR AND PARTNERS............................................................ 1-12 1.2.1 WSDOT Memorandum of Agreement and the Bank Oversight Committee............................................................................................... 1-13 1.2.2 Responsibility of WSDOT and City of Renton........................................ 1-14 1.3 SERVICE AREA ............................................................................................. 1-14 1.4 REQUIRED PERMITS AND APPROVALS................................................ 1-16 1.4.1 Section 404 Permit................................................................................... 1-17 1.4.2 Section 401 Water Quality Certification.................................................. 1-17 1.4.3 Section 402 NPDES ................................................................................. 1-17 1.4.4 CZMA Consistency Determination.......................................................... 1-17 1.4.5 Hydraulic Project Approval ..................................................................... 1-17 1.4.6 Endangered Species Act Biological Assessment..................................... 1-17 1.4.7 Shoreline Substantial Development Permit.............................................. 1-18 1.4.8 National Historic Preservation Act, Section 106 Compliance................. 1-18 1.4.9 Other Approvals....................................................................................... 1-18 � 2.0 ESTABLISHMENT OF THE BANK..........................................................................2-1 2.1 MITIGATION BANK PLAN OVERVIEW....................................................2-1 I 2.2 CONSTRUCTION SCHEDULE......................................................................2-2 ' 2.3 GRADING PLAN ..............................................................................................2-3 I2.4 PLANTING PLAN.............................................................................................2-3 i2.5 WEED MANAGEMENT..................................................................................2-5 2.5.1 Existing Site Conditions Favor Reed Canarygrass ....................................2-5 � 2.5.2 Reed Canarygrass Offers Some Understory Functions..............................2-5 � 2.5.3 Strategy to Manage Reed Canarygrass.......................................................2-6 2.5.4 Strategy to Manage Himalayan Blackberry...............................................2-8 i2.5.5 Strategy to Manage Other Invasive Non-Native Species...........................2-8 2.6 MITIGATION BANK PLAN ...........................................................................2-9 � 2.6.1 Units A and B.............................................................................................2-9 � August 2006 i Page i FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.6.2 Unit C.......................................................................................................2-14 2.6.3 Unit D.......................................................................................................2-17 2.6.4 Unit E .......................................................................................................2-18 2.7 FUNCTIONAL IMPROVEMENT................................................................2-20 2.7.1 Watershed Scale.......................................................................................2-20 2.7.2 Mitigation Bank Unit Scale......................................................................2-21 2.8 CONSTRUCTION MONITORING..............................................................2-21 3.0 PROJECT GOAL, OBJECTIVES, AND PERFORMANCE STANDARDS..........3-1 3.1 GOAL..................................................................................................................3-1 3.2 ECOLOGICAL OBJECTIVES........................................................................3-1 3.3 PERFORMANCE STANDARDS.....................................................................3-1 3.4 REMEDIAL ACTION ......................................................................................3-3 3.5 MAINTENANCE DURING THE ESTABLISHMENT PHASE..................3-4 4.0 BANK OPERATION.....................................................................................................4-1 4.1 CREDIT DETERMINATION..........................................................................4-1 4.2 APPROVING PERFORMANCE STANDARDS FOR CREDIT RELEASE...........................................................................................................4-1 4.3 USE OF CREDITS ............................................................................................4-2 4.3.1 Credit Release Flexibility...........................................................................4-4 4.4 ACCOUNTING PROCEDURES AND LEDGER MANAGEMENT ..........4-6 4.5 SITE COMPLIANCE MONITORING...........................................................4-6 5.0 S1TE PROTECTION AND MANAGEMENT............................................................5-1 5.1 PROTECTION MECHANISMS......................................................................5-1 5.1.1 Conservation Easement.............................................................................. 5-1 5.1.2 Financial Assurances..................................................................................5-1 5.1.3 Site Access .................................................................................................5-2 -- 5.2 LONG-TERM MANAGEMENT GUIDELINES...........................................5-2 5.3 FORCE MAJEURE...........................................................................................5-3 6.0 GLOSSARY....................................................................................................................6-1 7.0 REFERENCES...............................................................................................................7-1 August 2006 Page ii FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument � List of Figures Figure1-1: Project Vicinity...................................................................................................... 1-19 Figure 1-2: Springbrook Bank Site........................................................................................... 1-20 Figure 1-3: Service Area........................................................................................................... 1-21 Figure 1-4: Historical Aerial Photo........................................................................................... 1-22 Figure 1-5: Unit A Existing Conditions.................................................................................... 1-23 Figure 1-6: Unit B Existing Conditions.................................................................................... 1-24 Figure 1-7: Unit C Existing Conditions.................................................................................... 1-25 Figure 1-8: Unit D Existing Conditions.................................................................................... 1-26 Figure 1-9: Unit E Existing Conditions.................................................................................... 1-27 Figure 1-10: Existing Vegetation.............................................................................................. 1-28 Figure 2-1: Mitigation Types Overview...................................................................................2-26 Figure 2-2: Units A and B Mitigation Types............................................................................2-27 Figure 2-3: Unit C Mitigation Types........................................................................................2-28 Figure 2-4: Unit D Mitigation Types........................................................................................2-29 Figure 2-5: Unit E Mitigation Types ........................................................................................2-30 Figure 2-6: Units A and B Mitigation Treatment Activities.....................................................2-31 Figure 2-7: Unit C Mitigation Treatment Activities.................................................................2-32 Figure 2-8: Unit D Mitigation Treatment Activities.................................................................2-33 Figure 2-9: Unit E Mitigation Treatment Activities.................................................................2-34 Figure 2-10: Units A and B Grading Plan ................................................................................2-35 Figure 2-11: Unit C Grading Plan..............................................................................................2-36 Figure 2-12: Unit D Grading Plan ............................................................................................2-37 Figure 2-13: Unit E Grading Plan.............................................................................................2-38 Figure 2-14: Units A and B Planting Plan................................................................................2-40 Figure 2-15: Unit C Planting Plan ............................................................................................2-41 Figure 2-16: Unit D Planting Plan............................................................................................2-42 Figure 2-17: Unit E Planting Plan.............................................................................................2-43 List of Tables Table 1-1: Permit Activities and Environmental Documentation.............................................. 1-16 Table 2-1: Master Plant Materials List...............................................................................2-4, 2-39 Table 2-2: Mitigation Treatment Type and Acreage Summary by Unit......................................2-9 Table 2-3: Units A and B: Exiting and Proposed Function Attributes .....................................2-22 Table 2-4: Unit C: Exiting and Proposed Function Attributes ..................................................2-23 Table 2-5: Unit D: Exiting and Proposed Function Attributes..................................................2-24 Table 2-6: Unit E: Exiting and Proposed Function Attributes................................................... 2-25 August 2006 Page iii F1NAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 3-1: Units A and B: Summary of Performance Standards, Monitoring, Related Objectives Functions and Values, and Function Attributes.................................................3-5 Table 3-2: Unit C: Summary of Performance Standards, Monitoring, Related Objectives Functions and Values, and Function Attributes...................................................................3-6 Table 3-3: Unit D: Summary of Performance Standards, Monitoring, Related Objectives Functions and Values, and Function Attributes...................................................................3-7 Table 3-4: Unit E: Summary of Performance Standards, Monitoring, Related Objectives Functions and Values, and Function Attributes...................................................................3-8 Table 4-l: Credit Potential...........................................................................................................4-1 Table 4-2: Credits Required for Wetland Impacts.......................................................................4-3 Table 4-3: Credit Release Schedule for Springbrook Bank.........................................................4-5 Table 4-4: Formal Monitoring Schedule......................................................................................4-7 Table 4-5: Informal Monitoring Schedule...................................................................................4-7 Table 4-6: Sample Accounting Ledger........................................................................................4-8 List of Appendices Appendix A: Springbrook Creek Wetland and Habitat Mitigation Bank Monitoring Plal� � � August 2006 Page iv F1NAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument List of Acronyms and Abbreviations AEMRA Advanced Environmental Mitigation Revolving Account BA Biological Assessment BMP Best Management Practice BNSF Burlington Northern Santa Fe BOC Bank Oversight Committee CBMOA Wetland Compensation Bank Memorandum of Agreement Corps U.S. Army Corps of Engineers CZMA Coastal Zone Management Act DAHP Department of Archaeology and Historic Preservation DPS Distinct Population Segment DNS Determination of Non-Significance Ecology Washington State Department of Ecology EEI Early Environmental Investments EFH Essential Fish Habitat EPA Environmental Protection Agency ESA Endangered Species Act FHWA Federal Highway Administration HGM Hydrogeomorphic HOV High Occupant Vehicle HPA Hydraulic Project Approval I Interstate IM Medium Industrial IP Individual Permit LWD Large woody debris MBI Mitigation Bank Instrument MBRT Mitigation Bank Review Team MOA Memorandum of Agreement NAVD88 North American Vertical Datum 1988 NE no effect NEPA National Environmental Policy Act NLAA may affect, but is not likely to adversely affect NMFS National Marine Fisheries Service NPDES National Pollution Discharge Elimination System NRCS Natural Resource Conservation Service RC Resource Conservation RCG Reed canarygrass SEPA State Environmental Policy Act SR State Route August 2006 Page v FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument SSDP Shoreline Substantial Development Permit USFWS U.S. Fish and Wildlife Service WDFW Washington State Department of Fish and Wildlife WFAM Washington State Wetland Function Assessment Methods WQC Water Quality Certification WRIA Water Resource Inventory Area WSDOT Washington State Department of Transportation August 2006 Page vi FINAL ' Sprin�brook Creek Wetland and Habitat Miti�ation Bank Instrument 1.0 INTRODUCTION AND BACKGROUND INFORMATION The Mitigation Bank Instrument (Instrument) for tl�e Springbrook Creek Wetland and Habitat Mitigation Bank (Springbrook Bank) contains information required for its approvaL This document was prepared in accordance with the Washington State Department of Transportatiorr (WSDOT) Wetland Compensation Bank Program Memorandum of Agreement (CBMOA) (WSDOT 1994), the Federal Guidance for t{�e Establishment, Use, and Operation of Mitigation Banks (US Army Corps of Engineers et al. 1995), and negotiations with state and federal wetland regulatory agencies. This Mitigation Banking Instrument will serve as the detailed implementation plan for the establishment, maintenance, and management of the Springbrook Bank. The terms and provisions of this Instrument will be incorporated into the Memorandum of Agreement. The "Basic Agreement" portion of the Agreement governs the general relationship between WSDOT and the City of Renton (Sponsors) and the regulatory agencies having jurisdiction over, andlor substantial interest in, the Springbrook Bank. These regulatory agencies are referred to as the Bank Oversight Committee (BOC). Where the tern� "Agreement" is used in this document, it will refer collectively to the Memorandum of Agreement and this Instrument together. 11 PROJECT OVERVIEW WSDOT and the City of Renton (City) will establish Springbrook Bank to provide compensatory mitigation in advance of unavoidable impacts to wetlands and other aquatic resources from future projects within portions of two watersheds: Cedar- Sammamish Watershed (Water Resource Inventory Area [WRIA] 8) and Green- Duwamish Watershed (WRIA 9). Springbrook Bank is being created as an Early Environmental Investments (EEI) project under the Interstate 405 (I-405) Congestion Relief and Bus Rapid Transit projects. Springbrook Bank consists of five units, totaling 129.37 acres, which represent some of the last remaining large tracts of undeveloped land in the Lower Green River Basin. All five units are located in the southwestern portion of the Ciry of Renton, King County, Washington (Figures 1-1 and 1-2). Portions of Springbrook Bank are adjacent to the lower reaches of Springbrook Creek. This proximity to the creek may allow the water quality and hydrologic functions provided in Units A, B, and E to benefit downstream aguatic habitat in Springbrook ' Creek, the Green River, and the Duwamish River and its estuary. Springbrook Creek is one of the few remaining tributary streams to the Lower Green River. In a landscape that is nearly completely developed, protecting and enhancing the last remaining natural areas is a high priority. This protection should improve habitat conditions for fish and wildlife in the Springbrook Creek and the Lower Green River. The location of Springbrook Bank adjacent to the habitat corridor of Springbrook Creek, other habitat corridors, and other mitigation sites increases its value within the surrounding landscape and complements existing restoration projects both upstream and downstream. These functions would be difficult to replicate at another location due to: urbanization of the surrounding landscape, lack of remaining natural areas in the vicinity, connectivity to surrounding habitat, and the potential to provide ecological benefits beyond site boundaries via this connectivity. Chapter 1 August 2006 Introduction and Background Page 1-1 FINAL Sprin�brook Creek Wetland and Habitat Mitigation Bank Instrument Construction and successful development of Springbrook Bank as described in this Instrument will establish 45.12 mitigation credits. These credits will become available for use by WSDOT and the City, in increments, as the performance standards specified in � Section 3.3 of this document are met and approved by the Bank Oversight Committee (BOC). The BOC is analogous to the Mitigation Bank Review Team (MBRT) � established by the State of Washington (2001) and Federal Banking Guidance (U.S. Army Corps of Engineers 1995) who oversees all other state and private mitigation banks. Projects that may use the credits from Springbrook Bank include the I-405 Congestion Relief and Bus Rapid Transit projects, State Route (SR) 518 improvement projects, and the SR 167 1 Sth SW to 1 Sth NW HOV Stage 3 project, upon approval by the pertinent regulatory agencies. A portion of the credits will be administered by the City to meet mitigation requirements for other projects within the service area (Figure 1-3). Future WSDOT and City-approved projects within the service area are eligible to use mitigation credits, upon approval by the pertinent regulatory agencies. 1.1.1 General Mitigation Bank Goal and Objectives The goal of Springbrook Bank is to increase wetland area and encourage improved hydrologic, water quality, and habitat functions, while facilitating environmental education opportunities. Project objectives are to improve floodplain and riparian functions, water quality, flood storage capacity and other hydrologic functions, wildlife habitat, and establish site buffers to protect habitat. A proposed public access trail will also provide increased environmental educational opportunities for local residents and connect to the existing King County regional trail systems. 1.1.2 Project Setting Springbrook Bank is located within the relatively flat Green River Valley (Valley). Springbrook Creek drains a watershed located on the east side of the Green River known as the Black River Basin and is defined as the "Springbrook, Mill, and Garrison Creek Watershed" (SMG watershed) (Harza 1995). The Black River Basin covers about 15,763 acres (24.6 square miles) and can be delineated into two distinct topographical areas: the valley floor and the foothill zone. Slope gradient in the watershed ranges from 0 to 70 percent. Elevation in the watershed ranges between 10 and 525 feet above mean sea level ' (Kerwin and Nelson 2000). All elevations referenced in this document are in the North American Vertical Datum 1988 (NAVD88). Springbrook Creek is the main water conveyance channel in the SMG watershed, with its tributaries, Mill and Garrison Creeks, entering from the west (in Kent), and Panther and Rolling Hills Creeks originating on plateaus east of the Valley. Springbrook Creek is approximately 12 miles long (Kerwin and Nelson 2000). Downstream of SW 16th Street and I-405, Springbrook Creek enters the improved portion of the Creek, the P-1 Channel, which flows to the Black River Pump Station (Figure 1-1). In the forebay of the pump station, water is stored prior to its discharge into the Green River. The pump station and associated infrastructure prevents high flows in the Green River from backing water up into Springbrook Creek, reducing the risk of flooding in adjacent areas. The Black River Chapter 1 August 2006 Introduction and Background Page 1-2 FINAL � Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Pum in Station is a barrier to salmonids for u and downstream durin certain seasons P P � g (Kerwin and Nelson 2000). The Black River Pumping Station (BRPS) allows upstream passage from mid-September through January 31 each year. The downstream passage facility is operated from early April through mid-June on an eight hour a day schedule Monday through Friday. Any early juvenile Chinook migrating before this time frame would be prevented from exiting the Springbrook system. Also the existing fish passage screens at the BRPS do not meet current NMFS screening criteria. Finally, adult salmonids cannot pass downstream via the downstream fish passage facility at the BRPS (Kerwin and Nelson 2000). The lower reaches of Springbrook Creek have been historically straightened, deepened, and widened by farmers, local jurisdictions, the Natural Resources Conservation Service (NRCS), and King County Drainage District #1 (Kerwin and Nelson 2000). Springbrook Creek was originally channelized for agricultural drainage purposes. Later conveyance improvements were made to reduce flood hazards as part of the City of Renton and � NRCS East Side Green River Watershed Project (R.W. Beck 1996). Figure 1-4 shows that Springbrook Creek was channelized by 1940 and the surrounding areas had ; previously been converted to agricultural use. Existing wetlands within the Valley � provide several hundred acre-feet of flood storage during the most extreme events (R.W. Beck 1996). 1.1.2a Current Land Use and Zoning Springbrook Bank is located in an area of the City referred to as the Employment Area Valley. Accarding to the City of Renton Comprehensive Plan (Renton 2004), the � Employment Area Valley is "...intended to provide a mix of employment-based uses, including commercial, office, and industrial development to support the economic development of the City of Renton." The comprehensive plan objectives and policies specific to the Employment Area Valley are intended to promote economic development. Units A, B, C, and E are currently zoned as Resource Conservation (RC). Unit D (adjacent to the business park located north of SW 43rd Street) is zoned Industrial- Medium (IM). Urban development is allowed in accordance with the environmentally sensitive area regulations found in the City's Critical Areas Ordinance (Renton 2005). The RC zoning provides for a very low-density residential land use in combination with environmentally sensitive areas or agriculture uses. Examples of RC-zoned land uses ' include manufactured homes, eating or drinking establishments, day care centers, medical institutions, and veterinary offices. The IM zoning provides for medium-intensity industrial activities involving manufacturing, processing, assembly, and warehousing. Examples of IM-zoned land use include City government offices, schools, movie theaters, laboratories, power plants, airplane manufacturing, and vehicle service stations. As with any zoned land, the City can change the zoning and re-designate the areas for other land uses. However, the establishment of Springbrook bank on these properties will protect the site in perpetuity through a conservation easement. Chapter l August 2006 Introduction and Background Page 1-3 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 11.2b Easements and Existing Utilities WSDOT and the City of Renton are working together to release all easements (without � existing utilities in them) from the Springbrook bank site. All of the easements that contained existing utilities have already been removed from the credit generating area of the bank. Existing utility easements run through portions of Units D and E (see Figures 2-3 and 2-4). These easements contain Ciry sewer lines. The width of these easements is 15 feet. However, 20 feet was taken out of the credit generating area to ensure enough space is available for any work related to these facilities. This work would be conducted using trenchless technology, if possible, or standard width track hoes and trench boxes. City utilities staff verified that 20 feet is adequate to perform any activity related to the maintenance or replacement of these facilities. In areas where existing easements and/or facilities run along the edge of a bank unit, the boundary of the bank was moved back to the edge of the easement to ensure that any work related to these facilities will not impact �� the mitigation area or its buffers. � Through a lot line adjustment the City will be able to release the majority of the vacant easements. WSDOT and Renton are also working with the local electric company to have them release their unused easements in Unit A and Unit B. All private property �� owners with an interest in a vacant easement have been contacted and asked to release their easements on the Units. The City's legal staff is working directly with these private � property owners to expedite the process to the extent possible. WSDOT and the City anticipate that all vacant easements will be released from the bank parcels by the signing of this Instrument. However, if the vacant easements have not been released by the time the Year 0 (submittal of as-built plans) credits are scheduled to be released by the BOC, � WSDOT and the City will remove any remaining vacant easement areas from the credit generating area within the bank. Updated maps, a new credit total, and new release �� schedule will be submitted to the BOC. 1.1.3 Site Selection Rationale The 129.37-acre site provides one of the last opportunities to create and enhance natural habitat and encourage improved ecological functions within the rapidly developing Lower Green River Valley. Channelization of Springbrook Creek, past agricultural practices, and recent build-out of the area have dramatically altered hydrologic regimes, increased impervious surface, and removed native vegetation over the majority of the surrounding landscape. This will be one of the first urban mitigation banks in Washington State and upon certification will serve as a model project for establishing mitigation banks in similar urbanized areas. Springbrook Bank meets the following site-selection criteria supported by the WSDOT CBMOA (1994), listed in order of preference: 1. A site where one or more of the three criteria used to determine if a site is � a wetland (i.e., hydrophytic vegetation, hydric soils, and wetland �� hydrology), especially wetland hydrology, have been completely lost and can be restored (Units C and E). 2. A site where one or more wetland functions and values have been � � eliminated by prior human activity and can be restored to their previous type, size, and vigor (Units A, B, C, and E). Chapter 1 August 2006 Introduction and Background Page 1-4 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 3. A site where wetland functions and values have been severely degraded by prior human activity and can be enhanced to their previous type, size, and vigor(Units A, B, C, and E). 4. A site that is not a wetland, but where a wetland can be created that is adjacent to and has high potential to complement existing wetlands. Examples include areas adjacent to existing riparian corridors, Washington Natural Heritage Sites, Washington State Wildlife Areas, and National Wildlife Refuges (Units C and E). 5. A site that is not wetland, but where a wetland can be created (Units C and E). 6. A site where development, management, and maintenance could appropriately enhance one or more existing wetland functions and values (Units A, B, C, and D). Opportunities for successful restoration at Springbrook Bank are high for the following reasons: � L The proposed restoration strategy proposes to re-establish some of the ecological conditions and functions that were historically provided at or near the site. - 2. The Springbrook Creek riparian corridor, surrounding mitigation sites, and adjacent railroad tracks provide excellent "corridors" for wildlife movement. , � 3. Activities will improve fish and wildlife habitat in a watershed where it has been severely degraded. 1.1.4 Bank Site Description 11.4.1 Historic Condition The five units, which make up Springbrook Bank, are located in the Eastern Puget � Riverine Lowlands Ecoregion (EPA 2002) on a relatively level valley floor. The King � County Soil Survey (Snyder et al. 1973) states that soil types on the Springbrook Bank site are associated with streams and river valleys that naturally support herbaceous species, such as grasses and sedges, and a variety of forest types, with dominant trees such as Douglas fir, western hemlock, Sitka spruce, western red cedar, red alder, big-leaf maple, black cottonwood, and willow. According to Collins and Sheik (2005), historically there were a series of wetlands that were fed by flood channels from upland areas to the east, the Cedar River fan (before it was diverted to Washington Lake) avulsion channels from Black River, and overbank flooding from the White River (before it was routed permanently to the Puyallup River). The authors continue to note that there was a system of creeks that fed and drained poorly constrained wetland complex that drained to the Black River just east of the present day location of Springbrook Creek. A � 1940 aerial photo (Figure 1-4) shows Springbrook Creek being channelized by the mid- 1930s with remnants of the original stream alignment present within the boundaries of Units C and E (Puget Sound River History Project 2005). Chapter 1 August 2006 Introduction and Background Page 1-5 FINAL Sprin�brook Creek Wetland and Habitat Mitigation Bank Instrument 11.4.2 Baseline Conditions The baseline conditions far each mitigation unit at Springbrook Bank are described below. For purposes of this Instrument, Units A and B are described together because they are ecologically similar, and both adjacent to Springbrook Creek and one another. Units A and B Units A and B encompass 62.2 acres, of which 55.5 acres are currently wetland (WSDOT 2005a) (Figures 1-5 and 1-6). Hydrology: Springbrook Creek flows within a straight, bermed corridor between Units A and B. Precipitation, groundwater, and surface water runoff from off-site tributary areas, adjacent roads, and developments are the primary sources of existing hydrology. The berms along Springbrook Creek disconnect the creek from its wetland floodplain, except during extreme flood events. A small ditch exists in the northeastern portion of Unit B and is the only existing connection between Unit B and Springbrook Creek. A ditch along the southern property line in Unit A collects stormwater from the development to the south and directs flows to Springbrook Creek. This is the only existing connection between Unit A and Springbrook Creek. Vegetation: Areas closest to the creek have substantial native woody cover consisting primarily of Pacific willow (Salix lucida), Sitka willow (Salix sitchensis), some black cottonwood (Populus balsamifera), and red alder (Alnus rubra) in slightly drier areas. Areas farther from Springbrook Creek are dominated by reed canarygrass (Phalaris arundinacea) and cattail (Typha latifolia and Typha angustifolia) with patchy woody cover provided by willow species. Reed canarygrass dominates the riparian areas on the berms directly adjacent to Springbrook Creek. General vegetation communities are shown in Figure 1-10. Unit C Unit C encompasses 47.7 acres, of which 27.1 acres are currently wetland (WSDOT 2005a) (Figure 1-7). Hydrology: Existing hydrology in Unit C is provided by a combination of precipitation and elevated groundwater. A conveyance ditch entering the site from the Burlington Northern Santa Fe (BNSF) property to the south does not currently provide direct surface hydrology to the majority of wetlands in Unit C but provides hydrology to a narrow corridor along the ditch. I�egetation: Non-native grasses, common tansy (Ta�racetum vulgare), and Himalayan blackberry (Rubus armeniacus) currently dominate the proposed Wetland Re- Establishment Area. Black cottonwood, red alder, Pacific willow, Sitka willow, and red- osier dogwood (Cornus sericea) mixed with Himalayan blackberry currently dominate portions of existing wetlands and uplands at the site. Large areas of reed canarygrass and patchy native shrub cover dominate the majority of the site closest to the BNSF right of way. Along the eastern edge of the site adjacent to Oakesdale Avenue, disturbance- tolerant grasses and forbs predominate including: common tansy, lance-leaf plantain (Plantago lanceolata), teasel (Dipsacus sylvestris), and bull thistle (Cirsium vulgare). General vegetation communities are shown on Figure 1-10. Chapter 1 August 2006 Introduction and Background Page 1-6 _ . FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Unit D Unit D encompasses 4.6 acres, all of which is currently wetland (WSDOT 2005a) (Figure 1-8). Hydrology: A shallow inundated area occurs on the northern portion of Unit D. The inundated emergent area and the forested wetland appear to be supported by precipitation, seasonally high groundwater, and surface water connections from wetlands west of the BNSF inainline. A culvert connects the wetlands west of the railroad track to the inundated area. The entire site discharges to the north, via a culvert under an existing BNSF rail line and an existing conveyance ditch to Unit C (see figure 2-4). Vegetation: Red alder, black cottonwood, Pacific willow, and Oregon ash (Fraxinus latifolia) make up the forest canopy. The shrub layer includes salmonberry (Rubus spectablis), red-osier dogwood, and hardhack(Spirea douglasii). A few minor patches of Himalayan blackberry are present in the upland and wetland forest understory and open areas in this unit. Reed canarygrass dominates several areas of the existing wetland. Cattails, reed canarygrass, and mild waterpepper (Polygonum hydropiperoides var. hydropiperoides) predominate in the inundated area at the northern end of the site. � General vegetation communities are shown on Figure 1-10. ; Unit E � Unit E encompasses 14.8 acres, none of which is currently wetland (WSDOT 2005a) �� (Figure 1-9). Hydrology: No wetland hydrology currently exists at Unit E. Vegetation: Sections of the site are dominated by black cottonwood forest with Himalayan blackberry in the understory. Large portions of the site have been impacted by off-road vehicle use and are dominated by non-native grasses, common tansy, and Himalayan blackberry. General vegetation communities are shown on Figure 1-10. 1.1.4.3 Soils � The King County Soil Survey maps four soil types at the Springbrook Bank site: Puget silty clay loam, Puyallup fine sandy loam, Snohomish silt loam, and Woodinville silt loam (Snyder et al. 1973). The Puget, Snohomish, and Woodinville series are listed as hydric soils (NRCS 2001). In wetland re-establishment areas proposed in Units C and E, analysts examined soils taken from geotechnical borings. The soil samples consisted of sandy gravel and sand to silty sand (fill), interbedded sand and silt underneath the areas of fill, then lower permeability silts and silty sands, and poorly graded sand to silt at the bottom of the soil borings. Peat was also intermixed and discovered in many of the soil layers (Hart Crowser 2005a). Geotechnical borings were also conducted in Unit A along the proposed trail alignment to help inform trail design. These investigations found a top layer of silt to sandy silt with scattered organic material along the berm. Underneath the top layer along the berm and near the surface in other portions of the site lies a layer of organic silt and peat, which contains fibrous peat in the upper portion, a layer of soft gray plastic silt, underlain with a layer of silty sand at the bottom of the borings (Hart Crower 2005b). Chapter 1 August 2006 Introduction and Background Page I-7 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 1.1.4.4 Wetlands The Springbrook Bank site contains 88 acres of jurisdictional wetland (Figures 1-5 through 1-9). Each wetland was delineated using the Washington State Wetlands Identification and Delineation Manual (Washington State Department of Ecology 1997) and was subsequently rated using the Ciry of Renton Wetland Rating System (Renton 2005). Category I wetlands are of the highest quality while Category IV wetlands are severely degraded and hydrologically isolated. Two wetlands - all of Unit D and portions of Unit C, totaling 26.8 acres - were rated as Category II. Six remaining wetlands - Units A and B and portions of Unit C, totaling 62.2 acres - were rated as Category III (WSDOT 2005a). In fall and winter 2004, the Method for Assessing Wetland Functions T�olumes 1 and 2 (WFAM) (Hruby et al. 1999) was used to assess functions and values of the existing wetlands. The WFAM method measures on-site indicators of various wetland functions producing numerical indices. These indices only address a wetland's potential to provide assessed functions, and are therefore, only relevant when comparing wetlands of the same hydrogeomorphic (HGM) class that share similar opportunities to perform specific functions. This assessment method is based on the HGM approach, described by Brinson (1993) and Smith et aL (1995). An HGM class is determined primarily by landscape position, topography, and source of hydrology. The two HGM classes identified within the site are riverine and depressional. The riverine wetlands present in Units A and B currently function similarly to depressional wetlands, due to the berms isolating � Springbrook Creek from its floodplain. The principal functions of the riverine wetlands include; flow attenuation; reduction of downstream erosion; and removal of excess sediment, nutrients, and metals. The remaining depressional wetlands provide low levels of habitat functions and lack significant hydrologic and water quality functions due to their relative isolation from other wetlands/water sources. These wetlands also have an absence of vegetative and/or habitat diversity. 1.1.4.5 Habitat and Wildlife Use There is no high qualiry stream habitat present on or adjacent to the Springbrook Bank site. Springbrook Creek runs parallel and adjacent to three of the five units (Units A, B, and E). Springbrook Creek is characterized by rapid short-duration responses to rainfall events, high sediment loads, high temperatures, and low dissolved oxygen levels. Additionally, riffles, pools, and large woody debris are absent from the creek, providing little habitat for salmonids. Woody riparian vegetation is particularly lacking in the reach of Springbrook creek adjacent to Units A and B. The lower reach of Springbrook Creek (north of the bank site) is suitable for juvenile salmonid rearing and migration. However, spawning is unlikely in the creek due to the low gradient and lack of appropriate gravel substrate. Steelhead (Oncorhynchus mykiss), cutthroat trout (Salmo clarki), Chinook salmon (Oncorhynchus tsawytascha), Coho salmon (Oncorhynchus kisutch, and lamprey (Lampetra sp.) have been documented in Springbrook Creek (Kerwin and Nelson 2000; Harza 1995). Coho salmon were stocked in the creek from the mid 1970s until 2004 (WSDOT 2005d). The current configuration of the creek and adjacent berms in Units A and B creates a low potential for fish standing during flood events (WSDOT 2006). Chapter 1 August 2006 Introduction and Background Page 1-8 . FINAL Sprin�brook Creek Wetland and Habitat Mitigation Bank Instrument Currently one small outlet is present in both Units A and B for fish to enter and/or escape from onsite wetlands. The creek acts as a wildlife corridor connecting the various higher qualiry habitats along its length, such as the Black River Riparian Forest to the narth (Figure 1-1). The railroad right of way also serves as a wildlife corridor, connecting habitats and wildlife south of Springbrook Bank (Units C and D are adjacent to the BNSF rail line). Coyote, red-tailed hawks, and other raptors have been observed at the bank. The bank is also used by great blue herons that nest at the Black River Riparian Forest. This heron nesting colony is one of the largest in the Puget Sound Area, with over 120 occupied nests being observed in recent years (Seattle Audubon 2005). No signs of deer or other large mammal use have been observed at the bank. 1.1.5 Unique Urban Setting and Public Access This section describes the unique urban setting of Springbrook Bank that creates a basis far including a public access trail. 1.1.5.1 Reasons for Including a Trail at Springbrook Bank The trail will provide the critical missing link that has been incorporated in the long-term planning for the local and regional trail systems: • The City of Renton made formal commitments to the community to connect the trail system at this location long before the site was proposed as a mitigation bank. The City previously acquired an easement as part of a long-range trail � linkage planning effort in the Springbrook Creek area through the City of Renton's Parks, Recreation, and Open Space Plan and Trails Master Plan (adopted June 1992). • The proposed trail will connect to the existing trail that runs through the Green River Valley and then connects to a larger, regional trail system - King County's regional Interurban Trail and King County's regional Green River Trail. Disturbances due to the urban setting and surrounding land uses will minimize wildlife impacts from the trail: • Due to the densely urbanized setting and surrounding local land uses, wildlife that may use the bank site has adapted to an urban setting through the exposure to a I high level of human activiry in the project vicinity. Any disturbance re1ated to the presence of the trail would be minor compared to existing disturbances from the surrounding urban landscape. The public expects access to large publicly owned urban natural areas: • Substantial state resources and Ciry lands will be used to develop Springbrook Bank, which will be established in a highly urbanized ecosystem and develop connections between people and local natural resources. • Springbrook Bank will conserve 129.37 acres of some of the last remaining large tracts of undeveloped green space in the Lower Green River Basin. The trail will provide substantial environmental education opportunities to an urban community: Chapter 1 August 2006 Introduction and Background Page 1-9 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument • The unique urban setting of Springbrook Bank, the City's planned trail access, and the relative lack of natural areas in the project vicinity present a rare opportunity to integrate environmental education, public access, and wetland mitigation. Maximizing this opportunity will increase opportunities for awareness and understanding of the important ecosystem functions that wetlands, streams, and riparian areas provide within an urbanized setting. • By placing the trail near Springbrook Creek, the public will see a diverse environment with connections to wetlands and streams. • Educational opportunities provided by the trail will help maximize environmental benefits for the community through education, which may result in public support , for funding environmental mitigation and stewardship activities in the region. � • Education and public involvement are vital parts of natural resource management. � The importance of education and public involvement is demonstrated by its inclusion and emphasis in Green Infrastructure planning, Alternative Futures analysis, and the development of comprehensive plans. Education is essential because it provides the public with an accurate understanding of why natural resources are valuable to the community. Education and outreach efforts are also key factors to increasing enrollment in incentive programs that foster land conservation. Likewise, these efforts also encourage the public to get involved through voluntary actions either on their own property or by supporting local projects. Education and public involvement can also improve support for regulatory protection. (This text was adapted from Wetlands in Washington State — Volume 2: Guidance for Protecting and Managing Wetlands [Washington State Department of Ecology 2005]). 1.1.5.2 Selection of Proposed Trail Alignment � Selection of a trail alignment was a process that incorporated a number of environmental and social factors. The following criteria were used to select the proposed trail alignment: • Align the trail as directly as possible on City-owned property. • Minimize impacts to wetlands, woody vegetation, and riparian areas. • Maximize alignment through existing invasive vegetation. • Incorporate environmental education within a wetland setting. � � • Complete the missing link of an existing trail as planned in accordance with the City's Master Trail Plan and the King County Regional Trail System. The trail alignment that best meets the selection criteria for Springbrook Bank includes an elevated, eight-foot-wide public boardwalk trail, limited to pedestrian use, located near the western edge of Unit A, and roughly parallel to Springbrook Creek. The elevated boardwalk will connect to the local and King County regional trail systems. Benches will be placed at two locations along the trail to promote passive recreation, such as bird watching (see Figure 2-2). The trail and a 40-foot-wide vegetated buffer on each side will not generate mitigation credits (see Section 2.6.1.4 "Trail Zone" for more details). Advantages of the proposed trail alignment include: Chapter 1 August 2006 Introduction and Background Page 1-10 FINAL Sprin�brook Creek Wetland and Habitat Mitigation Bank Instrument • No mitigation credits will be generated from an 88-foot "Trail Zone," which encompasses the trail itself and 40 feet on both sides of the trail to account for any disturbance to the site and/or wildlife that may result from the trail presence and use. Removing invasive weeds and planting native trees and shrubs will rehabilitate wetlands within this zone. • The footprint of the trail will be approximately 11,000 square feet (1,365 feet long by eight feet wide), which will affect approximately 0.25 acre of the 26 acres in Unit A. This footprint is much smaller than other City trails, which are typically 12 feet wide. • Constructing the trail as part of Springbrook Bank will allow the remaining 23 acres of Unit A to be restored and protected in perpetuity. The trail will not affect the 103 acres of Springbrook Bank in Units B, C, D, or E. • The City will convert the section of the trail running through the Springbrook bank from a mixed-use trail (as ariginally planned) to a pedestrian-only trail � minimizing human disturbance to wildlife habitat, while offering higher quality birding and other educational opportunities to the pedestrian. '� • The City will restrict bicycle use on the section of the trail within Springbrook I � Bank, limiting disturbance to wildlife. The City has existing bike routes established in the area. Adequate signage will be posted to direct cyclists to the �� established bike routes. • Aligning the trail generally along the most direct route reduces the potential for « �, unauthorized shortcut trails through Unit A. Users are likely to deviate from � �� "authorized" circuitous routes if there is a more direct route. � • Impacts to existing wetlands and woody vegetation from a shorter, more direct trail route are estimated to be less than longer routes. Several alternative trail alignments were also considered but were rejected because they did not satisfy the selection criteria for a trail alignment. These alternative trail options and the reasons for rejecting them are summarized below. Unit A Perimeter Option—This option aligns the trail within the southern, eastern, and northern perimeter buffer of Unit A. This option was rejected because it created a longer alignment that would have resulted in substantially greater impacts to wetlands and woody vegetation than the selected trail alignment. � Unit A Interior Option—This option includes a trail that broadly bends through the interior of Unit A. This option was rejected because it created a longer alignment that would have resulted in substantially greater impacts to woody vegetation than the proposed trail alignment, and would essentially bisect Unit A and disturb the interior. Unit A Berm Option—This option aligns the trail on the berm next to Springbrook Creek. This location was identified in the City of Renton Trails Master Plan (1992) and is consistent with the alignment of existing segments of the Springbrook Trail located adjacent to Springbrook Creek, and within the City's existing Greenbelt easement. This option was rejected because it would directly affect riparian functions by disturbing some existing riparian trees and limit future establishment of riparian trees. Impacts to riparian conditions are undesirable because Springbrook Creek is limited by water quality problems, such as high�water temperature and low dissolved oxygen. - Chapter 1 August 2006 Introduction and Background Page 1-]l F1NAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Oakesdale Avenue Option—This option aligns the trail west along SW 34th Street, north along Oakesdale Avenue SW, and east along 27th Street SW. This option was rejected for a number of reasons. This alignment is indirect and much longer, it would expose the public to safety risks associated with street traffic, it would abandon a portion of Springbrook Trail that already extends to the southern boundary of Unit A, it would not provide suitable environmental education opportunities in a wetland setting, and it would be inconsistent with the City's Trails Master Plan (1992). No Trail Option—This option is rejected (if funding is available to build the trail) because it would not establish the missing link to the existing Springbrook Trail, and would be inconsistent with the Ciry's Trails Master Plan (1992). The City specifically acquired a portion of the property within Springbrook Bank for use as a trail. 1.2 LEGAL AUTHORITY AND RESPONSIBILITIES OF BANK SPONSOR AND PARTNERS Springbrook Bank will be established in accordance with the following federal and state statutes, regulations, guidelines, and policies: • Clean Water Act (33 USC 1251 et seq.) • Rivers and Harbors Act of 1899 (33 USC 401, et seq.) • Regulatory Programs of the Corps of Engineers (33 CFR Parts 320-330) • Guidelines for the Specification of Disposal Sites for Dredged and Fill Material (404(b)(1) Guidelines, 40 CFR Part 230) • Memorandum of Agreement Between the Environmental Protection Agency and the Department of the Army Concerning the Determination of Mitigation Under the Clean Water Act Section 404(b)(1) Guidelines (February 6, 1990) • U.S. Army Corps of Engineers Regulatory Guidance Letter OS-1, Guidance on the Use of Financial Assurances, and Suggested Language for Special Conditions for Department of Army Permits Requiring Performance Bonds, (February 14, 2005) • Federal Guidance for the Establishme��t, Use, and Operation of Mitigation Banks (November 28, 1995) • National Environmental Policy Act (42 USC 4321 et seq.) • Magnuson-Stevens Fisheries Conservation and Management Act (16 USC �ti 1801 et seq.) • Coastal Zone Management Act (16 USC 1451, et seq.) • Council on Environmental Quality Procedures for Implementing the National Environmental Policy Act (40 CFR Part 1500-1508) • Executive Order 11988 (Protection of Floodplains) • Executive Order 11990 (Protection of Wetlands) • Executive Order 13112 (Invasive Species) • Fish and Wildlife Coordination Act (16 USC 661 et seq.) • Fish and Wildlife Service Mitigation Policy (46 FR 7644-7663, 1981) • Endangered Species Act (16 USC 1531 et seq.) • National Historic Preset�vation Act, as amended (16 USC 470) Chapter 1 August 2006 Introduction and Background Page I-12 F1NAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument • Washington State Environmental Policy Act (`SEPA'RCW 43.21C and WAC 197-11) • Growth Management Act (RCW 36.70A) and Critical Areas Regulations `Best Available Science" (WAC 365-195-900 to 925) • Washington State Water Pollution Control Act (RCW 90.48) • Washington State Hydraulic Code (RCW 75.20) • Washington State Shoreline Management Act (RCW90.58, WAC 173-200) as amended • Washington State Salmon Recovery Act(RCW 75.46) • Washington State Aquatic Resources Act (RCW 79.90, RCW 90.74) • Washington State Alternative Mitigation Policy, developed by Ecology, Washington State Department of Transportation, Washington State Department of Fish and Wildlife, and the Office of Community Development, 2000 • Wetland Mitigation Banking (RCW 90.84) • Washington State Draft Rule on Wetland Mitigation Banking (WAC 173-700) • City of Renton Critical Areas Ordinance (Ordinance number 5137) • Washington State Department of Transportation Executive Order E1025.00 Tribal Consultation • Washington State Department of Transportation Environmental Procedures Manual M 31-11 Nothing in the Instrument shall be construed as altering the requirements and agency responsibilities as specified in existing law, regulation, and policy. 1.2.1 WSDOT Memorandum of Agreement and the Bank Oversight Committee WSDOT entered into a Memorandum of Agreement for wetland banking with state and federal wetland regulatory agencies in 1994. The Washington State Department of Transportation Wetland Compensation Bank Program Memorandum of Agreemerrt � (CBMOA) (WSDOT 1994) provides the principles and procedures for establishing, � � implementing, and managing WSDOT wetland mitigation banks. Signatories to the WSDOT CBMOA include U.S. Army Corps of Engineers (Corps), U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (USFWS), U.S. National Marine Fisheries Service (NMFS), Federal Highway Administration (FHWA), Washington State Department of Ecology (Ecology), Washington State Department of Fish and Wildlife (WDFW), and WSDOT. The WSDOT CBMOA establishes a Bank Oversight Committee (BOC) to review and �, approve WSDOT mitigation bank proposals. WSDOT is responsible for convening and facilitating meetings of the committee. The BOC members for Springbrook Bank are � comprised of representatives from the Corps (Chair), EPA, USFWS, and Ecology (Chair). The sponsors of the bank are the City of Renton and WSDOT. The BOC �� member agencies and sponsors are the signatories of the Springbrook Bank Instrument. The BOC meetings provide a venue for project review and coordination between WSDOT and the various state, federal, and local governments. The BOC members � review and comment on all phases of WSDOT bank site development. The Corps, Ecology, and various local governments are the potential permitting agencies with Chapter 1 August 2006 Introduction and Background Page 1-13 FINAL Sprin�brook Creek Wetland and Habitat Mitigation Bank Instrument jurisdictional authority. When credits are to be withdrawn from the bank, the agencies with jurisdiction will coordinate the debiting of credits and the BOC members will see these debits reflected in the annual ledger. 1.2.2 Responsibility of WSDOT and City of Renton As between the two Sponsors, WSDOT is responsible for development, design, permitting, and construction of the Springbrook Bank. The City is providing the land for the Bank in perpetuity and the funding for trail design and construction. WSDOT will be the lead agency for the establishment phase of the Bank. The Ciry will be the lead agency for the long-term management phase of the Bank, which will commence at the termination of the establishment phase. WSDOT will prepare and distribute monitoring reports required during the establishment phase, and maintain and submit the primary accounting ledger to satisfy the BOC's requirements and comply with the CBMOA. The City may maintain its own separate concurrent ledger to track its portion of the credits, �� but WSDOT will retain responsibility for the master ledger detailing all debits and credits �� associated with Springbrook Bank. The City and WSDOT will notify the Fisheries Division of the Muckleshoot Tribe as soon as a project is identified that intends to use the bank for mitigation. 1.3 SERVICE AREA The service area of Springbrook Bank includes portions of WRIAs 8 and 9, which includes the Lower Green River, Black River, West Lake Washington, East Lake Washington, May Creek, Mill Creek Basins, and the Lower Cedar River Basin to SR 18 (Figure 1-3). Portions of the Lower Cedar River Basin southeast of SR 18 have been excluded from the service area because it extends over 7 miles into less urbanized areas. The Lake Washington shoreline ("shoreline" defined in WAC- 173-22-030 #11) within the Renton city limits is excluded from the service area only in such cases that impacts will harden the shoreline. The following listed criteria were taken into account in defining the service area of Springbrook Bank and are based on criteria outlined in the CBMOA (WSDOT 1994), Federal Guidance for the Establishment, Use, and Operation of Mitigation Banks (US Army Corps of Engineers 1995), and the Washington State Draft Rule on Wetland Mitigation Banking(Washington State 2001). l. Springbrook Bank will improve wetland and stream functions. The bank will restore, enhance, and protect watershed processes that create improved wildlife habitat, riparian and floodplain functions, and water guality in an area with little natural space left. 2. Springbrook Bank is very low in the watershed. By including sub-basins lower in WRIAs 8 and 9, Springbrook Bank will serve as mitigation for wetland impacts much closer to the project areas of proposed projects and within Renton city limits rather than farther away, but within the same W RIA. 3. Similar Ecoregion. The service area includes basins in a similar ecoregion, in which the remaining ecological systems are relatively uniform within a nearly built-out urban area. Springbrook Bank is designed to function at full watershed build-out to increase its sustainability in a highly urbanized watershed. Chapter 1 August 2006 Introduction and Background Page 1-14 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 4. Watershed-Based Mitigation. The overall ecological benefit of an urban bank exceeds the value of alternatives, which would likely involve the creation of small wetland fragments along the highway right of way as compensation for impacts to small Category II, III, and IV wetlands. 5. WSDOT and City of Renton. The credits available to WSDOT from the bank will be used for mitigation of transportation projects in the service area as approved by the pertinent regulatory agencies. The credits available to the City will be used for City-approved projects within the service area, as approved by the pertinent regulatory agencies. 6. WSDOT's Water Resources Program. Springbrook Bank and the Early Environmental Investments (EEI) Program are components of a larger water resources program that includes avoiding and minimizing water resource impacts, onsite stream mitigation where feasible, and other watershed solutions. Springbrook Bank is one of several alternatives for water resource improvement opportunities for WSDOT. Projects located within the service area (Figure 1-3) are eligible for use of credits from Springbrook Bank for mitigation according to the terms of this Instrument. The bank may be used to compensate for permitted impacts in adjoining WRIAs if specifically approved by the appropriate agencies requiring mitigation and the BOC, provided that such mitigation would be practicable and environmentally preferable to other mitigation alternatives. As such, out of-service-area impacts will only be allowed in special circumstances, following evaluation on a case-by-case basis (e.g., projects that span � multiple basins such as transportation and utility corridors and pipelines, and settlement �� of enforcement actions). �� Chapter 1 August 2006 Introduction and Backgro�md Page 1-15 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 1.4 REQUIRED PERMITS AND APPROVALS Environmental documentation and permits required for this project are summarized in Table 1-1 and described below. WSDOT and the City commit to receiving the required approvals prior to the release of any mitigation credits, and cannot proceed without receiving the approvals listed below. Table 1-1. Permit Activities and Environmental Documentation PermitlConcurrence Letter Agency Section 404 Indivitlual Permit(IP) Corps Section 401 Individual Water Quality Cert. Ecology Section 402 NPDES Permit Ecology CZMA Consistency Determination Letter Ecology Hydraulic Project Approval(HPA) WDFW ESA Concurrence Letter USFWS ESA Concurrence Letter NMFS EFH Concurrence Letter NMFS Shoreline Substantial Development Permit City of Renton Critical Areas Approval City of Renton King County Drainage District(KCDD)#1 PermitlTemp.Construction Easement KCDD#1 Floodplain Permit City of Renton Public Works Construction Permit City of Renton Section 106 Concurrence Letter DAHP Environmental Documentation Date Completed Wetland Biology Report May 2005 SEPA Determination of Non Significance(DNS) January 2006 Biological Assessment March 2006 Section 106 Cultural Resources Concurrence January 2006 Springbrook Bank Prospectus February 2006 Joint Aquatic Resources Permit Application(JARPA) January 2006 Public Notification Date Issued SEPA Public Notice January 2006 General Construction NPDES Permit April 2006 Corps 404, Ecology 401,and CZMA Joint Public Notice March 2006 SMA Public Notice—local governments March 2006 1.4.1 Section 404 Permit � The Corps will require a Section 404 Individual Permit (IP) for this project. As part of �� the Section 404 permit process, the project will obtain approvals for or demonstrate Chapter 1 August 2006 Introduction and Background Page 1-16 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument compliance with the Endangered Species Act, Magnuson-Stevens Act, National Historic Preservation Act, Clean Water Act, Coastal Zone Management Act, and the National Environmental Policy Act. The Section 404 IP will contain permit conditions specific to the Springbrook Bank project. 1.4.2 Section 401 Water Quality Certification A Section 401 Individual Water Quality Certification (WQC) will be required for this project by the Washington State Department of Ecology (Ecology). 1.4.3 Section 402 NPDES Permit A Section 402 General National Pollutant Discharge Elimination System (NPDES) Construction Permit was issued for this project on May 30, 2006 by the Washington State Department of Ecology (Ecology). 1.4.4 CZMA Consistency Determination A Coastal Zone Management Act (CZMA) Consistency Determination Letter will be required for this project by the Washington State Department of Ecology (Ecology). 1.4.5 Hydraulic Project Approval A Hydraulic Project Approval (HPA) for this project was issued by the Washington Department of Fish and Wildlife (WDFW) on April 24, 2006. 1.4.6 Endangered Species Act Biological Assessment WSDOT prepared a Biological Assessment (BA) to address the potential effects of the Springbrook Bank project on species listed under the Endangered Species Act (ESA). Listed species in the vicinity of the project include Coastal-Puget Sound bull trout (Salvelinus confluentus), designated bull trout critical habitat, bald eagle (Haliaeetus leucocephalus), Puget Sound Chinook salmon (Oncorhynchus tshawytscha), and designated Chinook salmon critical habitat. After a thorough species effects analysis, WSDOT has determined that the project may affect, but is not likely to adversely affect (NLAA) bull trout, designated bull trout critical habitat, Chinook salmon, and designated Chinook salmon critical habitat. The determination for bald eagles is no effect(NE). The potential effects to listed species will be minimized through the use of specific best management practices and conservation measures identified in the BA (WSDOT 2006). � The project received Concurrence Letters from the National Marine Fisheries Service (NMFS) on March 20, 2006 and from USFWS on May 5, 2006. Every six months during construction, WSDOT will review the project activities as described in the Biological Assessment and review the updated WDFW Priority Habitat � and Species data to ensure that the original consultation is still valid. If, prior to project � completion, new species are listed or new listed species move into the project area, WSDOT is prepared to reinitiate consultation with USFWS and/or NMFS. � WSDOT also evaluated potential project impacts to Essential Fish Habitat (EFH) as required by the Magnuson-Stevens Act. After a thorough effects analysis, WSDOT has determined the Springbrook Bank project will have no adverse effect on EFH. NMFS has concurred with this determination as outlined in their Concurrence Letter dated March 20, 2006. Chapter 1 August 2006 Introduction and Background Page 1-17 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 1.4.7 Shoreline Substantial Development Permit As required by the Shoreline Management Act (SMA), a Shoreline Substantial Development Permit (SSDP) will be required by the City of Renton for this project. As part of the SSDP review process, which includes a critical areas and land use review, the City of Renton, issued its regulatory approval of Springbrook Bank on March 23, 2006. 1.4.8 National Historic Preservation Act, Section 106 Compliance A cultural resources survey was conducted to identify and determine the probability of archaeological resources and traditional cultural places in the project area. The survey revealed that there is a low probability for historic period archaeological deposits to occur and that no traditional cultural places exist at the bank site (HRA Cultural Resources 2005). However, excavation will be monitored, especially within the vicinity of an isolated find that included a hunter-fisher-gatherer artifact recovered during a field visit. Construction monitoring will occur in accordance with the Springbrook Creek Habitat and Wetland Mitigation Bank Project, Cultural Resources Discipline Report (HRA Cultural Resources 2005). WSDOT received a Concurrence Letter from the Department of Archaeology and Historic Preservation (DAHP). 1.4.9 Other Approvals As required by the State Environmental Policy Act (SEPA), a Determination of Non- Significance (DNS) was issued by WSDOT on January 10, 2006. A permit/temporary construction easement for this project was issued by the King County Drainage District (KCDD) #1 on June 28, 2006 to allow the portion of project construction wark along Springbrook Creek that is located on KCDD #1 property. 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I • � c � - 1� Willow w E � ��' - .� �►� � '� � r� �� ' �_ 0 260 520 � f •� � � b � � �� Feet ' � � Photo Date:Winter 2002(City of Renton) Existing Vegetation Figure 1-10 Springbrook Creek Wetland and Habitat Mitigation Bank FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.0 ESTABLISHMENT OF THE BANK � 2.1 MITIGATION BANK PLAN OVERVIEW The mitigation bank plan focuses on improving wetland functions within all five units of Springbrook Bank and improving riparian functions in the three units adjacent to Springbrook Creek (Figure 2-1). Mitigation construction work will include extensive site grading in Units C and E; breaching the berms adjacent to Springbrook Creek in Units A, B, and E; treating reed canarygrass and blackberry in Units A, B, and C; and installing habitat structures and planting woody vegetation in all units. This work will improve a broad range of ecological functions to increase wetland habitat, water quality, and hydrologic functions. The mitigation plan is based on activities that occur in specific areas as shown in Figures 2-1 through 2-5 and defined as follows. Wetland Re-Establishment Areas: Removal of historic fill material will facilitate the re-establishment of former wetlands in Units A, B, C, and E. The excavation in Units A, ' B, and E will remove sections of an existing berm in order to connect re-established wetlands in these units with Springbrook Creek. Native trees, shrubs, and habitat structures (vertical snags, brush piles, and/or large woody debris [LWD]) will be installed at Units C and E. These activities are intended to restore wetland area, function, and value where it is likely that wetlands historically existed. Wetland Rehabilitation Areas: Improving the hydrologic regime of existing wetlands will facilitate the rehabilitation of existing wetlands in Units A, B, and C. Reed canarygrass monocultures will be mowed and treated with herbicide. Planting hummocks will be installed in Units A and B to facilitate tree establishment, and provide additional habitat niches and hydrologic regimes. Biologists concluded that breaching the berms in Units A and B is expected to reduce the risk of fish stranding (WSDOT 2006). Native trees, shrubs, and habitat structures will be installed in Units A, B, and C to increase species diversity, habitat structure and habitat complexity. Wetland Enhancement Tvue I Areas: Existing wetlands in Unit C will be enhanced by increasing plant and habitat diversity in large areas of invasive non-native vegetation (reed canarygrass and Himalayan blackberry) through a combination of several activities: implementation of aggressive reed canarygrass and blackberry control measures; dense planting of native trees and shrubs; and placement of habitat structures. These activities will increase species diversity and habitat structure and complexity. Wetland Enhancement TvUe II Areas: Supplemental hydrology will be provided to existing seasonally inundated areas in the northern portion of Unit D. The additional water will be redirected from a stormwater/groundwater management facility (constructed as part of the South 180th Grade Separation Project) at the southern edge of Unit D and then transported via a new conveyance pipe from a treatment pond to the northern end of the unit. Additional hydrology will extend existing hydrologic regimes. Forested Wetland Enhancement Areas: Native coniferous trees will be under-planted in the existing forested wetland portions of Units C and D. This will require the removal of invasive non-native vegetation from the understory in portions of Springbrook Bank. Under-planting conifers will enhance species and structural diversity in both units. Chapter 2 August 2006 Establishment of the Bank Page 2-1 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Upland Habitat Enhancement Areas: Removing invasive non-native vegetation, installing habitat structures, under-planting upland deciduous forests with native coniferous trees, and densely planting native woody species will enhance upland habitats in Units C. Riparian Upland Enhancement Areas: Establishing riparian vegetation through a combination of mowing and herbicide treatment of reed canarygrass, selectively removing other invasive non-native vegetation, and planting native trees and shrubs is expected to increase riparian functions along Springbrook Creek in Units A, B, and E. This treatment is limited to berms adjacent to Springbrook Creek in Units A, B, and E and uplands adjacent to the wetland re-establishment areas in Unit E. Protection Setback (Buffer): Portions of all units, except Unit D, will include 40-foot- wide "buffers" to be planted with native trees and shrubs in both wetlands and uplands. This will promote structural diversity and protect habitat from disturbance from adjacent land uses. This area will not generate wetland mitigation credits. Trail Zone: A Trail Zone in Unit A will include an 8-foot-wide trail and a 40-foot-wide protection setback area on both sides of the proposed trail. This will create a 2.66-acre area (88-foot wide by 1,365-foot long) that will not generate mitigation credits. In order to construct the trail, existing vegetation within an 18-foot-wide temporary construction corridor will be cleared, the 8-foot-wide trail constructed, and all the areas not occupied by the trail replanted with native woody vegetation. Areas within the Trail Zone dominated by reed canarygrass will be mowed, treated with herbicide, and planted as part of the overall wetland rehabilitation treatment in Unit A. 2.2 CONSTRUCTION SCHEDULE The wetland re-establishment areas in Units C and E, berm breaches in Units A and B, and a small portion of the wetland rehabilitation area in Unit C (to match existing topography) will be excavated and soils amended during the first construction season. Control of reed canarygrass will also begin during the first construction season. Woody plantings in all units, except portions of Unit E, will be installed during the first fall and winter planting season. If necessary, planting of flood-prone areas with containerized plant materials may be delayed until early spring. Large woody debris, snags, and brush piles will be installed during and/or after site grading has been completed. A phased construction schedule will be implemented at Unit E. In the first year of construction, the site preparations and erosion control measures will be installed, and all of the area behind the 30-foot-wide berm will be excavated and planted. In the following summer, the breaches in the berm will be excavated, and the entire berm and breaches will be planted. Springbrook Creek will be allowed to enter Unit E in the fall of the second construction season. Once project construction has been completed, an as-built report and/or drawings must be delivered by certified mail to the BOC members. An "as-built" report provides documentation of what actually occurred onsite during construction and serves as a baseline from which to manage and monitor the site. This report identifies the date on which construction at the bank site was completed and if there were any changes from the plan approved by the BOC and reflected in the Agreement. Although these changes may Chapter 2 August 2006 Establishment of the Bank Page 2-2 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument improve the project, it may appear as if the project is out of compliance with the original approved plans if the changes are not documented in the report. An As-built report should include the following: • The responsible parties (designer, construction contractors, planting contractors • Dates of implementation (including completion date). • Description of any changes to the original plan(s). • Description of any problems encountered during construction and what was done to correct them. • A list of any follow-up actions needed, with a schedule. • Plan sheets/drawings showing the as-built conditions. • Photos to document baseline conditions. As-Built drawings documenting post-construction site conditions will be submitted to the BOC members within 90 days of project completion and will describe in detail any material deviation from the applicable portion of the site plan. 2.3 GRADING PLAN Site grading will primarily be conducted to breach the berms in Units A, B, and E; re-establish former wetlands in Units C and E; plug the existing conveyance ditch in Unit C; and install a stormwater pipe to supplement hydrology to Units D and C. Grading work is shown on the Grading Plans (Figures 2-10 through 2-13). 2.4 PLANTING PLAN Vegetation species selection was based on native species known to occur in the project area that will provide cover and value to wildlife, are flood-tolerant, and produce the greatest likelihood of successful establishment. Tree plantings will include 18- to 36-inch containerized conifers and a combination of 18- to 36-inch bare-root plants and/or containerized deciduous trees. Shrub plantings will include a combination of 12- to 18-inch bare-root plants and/or containerized stock, or 36-inch live-stakes for willow species. Table 2-1 provides a list of plant materials. The Planting Plans (Figures 2-14 through 2-17) indicate the location of each area to be planted. Chapter 2 August 2006 Establishment of the Bank Page 2-3 ' FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 2-1.Master Plant Materials List Wetland TreelShrub#1 (wetter) Riparian Upland Plantings Oregon ash (Fraxinus/atifolia) big-leaf maple (Acer macrophyllum) black twinberry(Lonicera involucrata) red alder(A/nus rubra) Pacific ninebark(Physocarpus capitatus) Sitka spruce(Picea sitchensis) black cottonwood (Populus balsamifera) Douglas-fir(Pseudotsuga menziesii) Nootka rose(Rosa nutkana) Scouler's willow(Salix scou/eriana) Sitka willow(Salix sitchensis) snowberry(Symphoricarpos a/bus) ( Wetland Tree/Shrub#2(wettest) Upland Plantings red-osier dogwood (Cornus sericea) big-leaf maple (Acer macrophyllum) Oregon ash (Fraxinus latifolia) serviceberry(Amelanchier a/nifolia) peafruit wild rose(Rosa pisocarpa) beaked hazel (Cory/us cornuta) Pacific willow(Salix lucida) I oceanspray(Holodiscus discolor) Sitka willow(Salix sitchensis) Douglas-fir(Pseudotsuga menziesii) Isnowberry(Symphoricarpos albus) Wetland Tree/Shrub#3(wet) I Hummock Plantings red-osier dogwood (Cornus sericea) Oregon ash (Fraxinus latifolia) Sitka spruce(Picea sitchensis) I Pacific ninebark(Physocarpus capifatus) black cottonwood (Popu/us balsamifera) Sitka spruce(Picea sitchensis) Nootka rose(Rosa nutkana) I black cottonwood (Popu/us balsamifera) Scouler's willow(Salix scou/eriana) western red cedar(Thuja plicata) western red cedar(Thuja plicata) Wetland Forest Under-Plantin�s ISitka spruce(Picea sitchensis) I western red cedar(Thuja plicata) western hemlock(Tsuga heterophylla) Chapter 2 August 2006 Establishment of the Bank Page 2-4 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.5 WEED MANAGEMENT A management strategy that promotes the long-term establishment of woody vegetation will be applied at Springbrook Bank (Soll 2004). Weeds will be managed at Springbrook Bank in accordance with King County Noxious Weed Law (King County 2005) and the Washington State Noxious Weed List (Washington State Noxious Weed Control Board 2005) with additional emphasis focused on reducing existing reed canarygrass (RCG), limiting additional RCG establishment, and reducing the influence of Himalayan blackberry at the site. Estimated cover of class A and B noxious weeds, RCG, and Himalayan blackberry will be reported during formal monitoring, along with a record of management activities. Reed canarygrass cover will be limited by high-density planting of native trees and shrubs, mulching immediately following soil disturbance, and mowing and spraying RCG colonies to reduce competition and aid woody plant establishment. In the long term, shade and competition from woody vegetation will act as a natural RCG controL Himalayan blackberry will be controlled during initial construction, actively managed over the establishment phase of the bank, and prevented from out-competing planted native vegetation or dominating the site. 2.5.1 Existing Site Conditions Favor Reed Canarygrass Eradication of reed canarygrass at Springbrook Bank is not practical. Variable hydrology, high nutrient and sediment loads, and abundant upstream seed sources in the Springbrook Creek Basin favor RCG colonization. These conditions will favor RCG growth regardless of the short-term effectiveness of control efforts (Reinhardt and Galatowitsch 2004). • Variable Hydrology - The hydrology in the Springbrook Creek Basin is highly variable, which is driven by the high percentage of impervious surface in the basin. This results in rapid high-stage, short-duration responses to rainfall events, large flood events, and low base flows at varying times of year. Variable hydrology creates disturbance that favors RCG growth (Kercher et al. 2004). • High Nutrient and Sediment Loads - Flood events deliver large amounts of nutrients and sediment to the sites because of the prevalence of urbanized landscapes upstream (Maurer et al. 2003). High nutrient and sediment loads encourage rapid colonization and growth of RCG (Miller and Zedler 2002; Mauer et al. 2003). • Abundant Upstream Seed Sources - RCG is prevalent in wetlands and riparian areas throughout the Springbrook Creek Basin where dense cover of woody vegetation is lacking. Within the Bank site, RCG is dominant in the emergent portions of Units A and B, along Springbrook Creek, and in the BNSF right of way in Unit C. Grading in Units C and E may create conditions favoring RCG colonization in some areas. 2.5.2 Reed Canarygrass Offers Some Understory Functions Reed canarygrass will likely be an understory component at Springbrook Bank, where it can provide functional benefits. RCG provides several beneficial functions, including: • Hydrologic Functions - Surface roughness. The large size and dense growth habit of RCG slows surface water velocities during flood events, decreases downstream erosion, and increases sediment deposition. - Stream bank stability. The dense root system of RCG resists erosion and develops overhanging banks that provide habitat for fish and other aquatic species. Chapter 2 August 2006 Establishment of the Bank Page 2-5 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument • Water Quality Improvement Functions - Surface roughness. The large size and dense growth habit of RCG slow surface water velocities during flood events, and encourages sediment deposition. - Nutrient and toxicant uptake. RCG takes up large amounts of dissolved nutrients and toxicants due to its high annual biomass production compared to other herbaceous species, and its tolerance of long duration inundation where it is exposed to high levels of nutrients and toxicants in solution (Mauer et al. 2003). • Fish Habitat - Cover for juvenile coho. The growth habit of RCG provides cover and refugia for juvenile coho during flood events. The ability of RCG to persist in standing water allows it to provide coho rearing habitat in stream channels, backwaters, or ponded areas. Malcom (1998) reported that the densities and sizes of over-wintering juvenile coho in a reed canarygrass-dominated low-gradient stream (Mill Creek, King County, Washington) were comparable to, and at times exceeded, those found in streams rated as having superior habitat. 2.5.3 Strategy to Manage Reed Canarygrass Because site conditions favor establishment of RCG and its presence is not entirely detrimental to habitat, a management strategy that promotes the long-term establishment of woody vegetation will be applied at Springbrook Bank. The strategy for managing RCG involves mowing, herbicide treatment, and dense woody plantings. This strategy initially involves mowing and spraying herbicide to suppress the existing RCG colonies in Units A, B, C, and E. This approach is designed to create a window of opportunity and capture the site quickly to prevent RCG from re-establishing. Long-term control of RCG at all the units will involve densely planting native trees and shrubs, and spot-spraying RCG colonies with herbicides during the monitoring period to ensure long-term success in establishing the desired woody plant community. A short discussion of each phase of this process is provided below. Mowin� and Herbicide Treatment • Mowing will occur as soon as the site is dry enough to allow access, but before seeds are formed to decrease RCG height, reducing herbicide use and making herbicide treatment more effective and efficient. • Herbicide treatment, with chemicals specifically approved for aquatic use, will be conducted in August and again in September while carbohydrates are being translocated from the aboveground parts to the roots. This will provide the best possible control of belowground roots and rhizomes (Antieau 1998; Tu 2004; Reinhardt and Galatowitsch 2004). • Mowing and herbicide treatment will minimize soil disturbance. Both the available literature and personal communications with experts have discouraged soil disturbance as a method of RCG control because it exposes the existing seed bank to light triggering seed germination (Clay Antieau 1998 and 2005; Susan Buis 2005; Monica Hoover 2005). Mulch and Dense Woodv Plantin� • The herbicide treated RCG thatch will act as mulch in the short-term in the RCG removal areas. Woody mulch will be used in areas of soil disturbance to deter the establishment of RCG and other weeds and increase woody plant vigor. Chapter 2 August 2006 Establishment of the Bank Page 2-6 FINAL , Springbrook Creek Wetland and Habitat Mitigation Bank Instrument ', • Plantings will consist of deciduous woody species that are flood tolerant, native to the project area, and fast growing. A total of 2,500 stems per acre will be planted in these areas. Dense planting has proven effective in competing with RCG (Celedonia 2002). • The installation of planting hummocks at a density of two per acre within RCG removal areas will provide microtopography and locations to establish trees. The hummocks will have approximately a ten-foot diameter. Hummocks will be underlain with a weed-barrier layer (preferably cardboard or other biodegradable material), covered by 18 to 24 inches of imported weed-free compost-amended soil, and planted with two native coniferous trees, two native deciduous trees, and six native shrubs. Establishing trees in the RCG removal areas should discourage RCG in the long-term. Post-Plantin�RCG Management Post-planting management will consist of spot-spraying any new RCG growth in the treatment areas and replacing dead woody plantings as needed to achieve performance standards for woody cover (see Chapter 3). Spot-spraying and replanting activities will be a direct result of adaptive- management recommendations generated from quarterly and annual site visits conducted by WSDOT. Control will be triggered when it appears that RCG is preventing woody plant establishment or dominating large portions of the site. In the long-term, deciduous and coniferous woody plantings will limit light penetration to the understory, greatly reducing the potential for future RCG colonization. Establishin�Woodv Vegetation Establishing woody vegetation is critical to improving wetland functions. Woody vegetation provides shade, surface roughness, habitat structure, nutrient uptake, organic matter production, and a source for woody debris. Its establishment will be facilitated in the following ways: • Reducing competition. In treatment areas, RCG control will be accomplished as described above, allowing a window of opportunity for woody plants to establish in these areas. • Creating variable topography. Planting hummocks will create varied growing conditions for plant establishment. Creating slightly drier areas will increase the likelihood that tree plantings will have proper growing conditions in these areas and reduce RCG re-establishment. • Densely planting competitive native woody vegetation. Dense planting has proven effective in competing with RCG (Celedonia 2002). Plantings will primarily consist of deciduous woody species that are flood tolerant, native to the project area, and fast growing. • Replacing dead plants. Failed plantings will be replaced with species from the planting plan if performance standards are not being met or monitoring results indicate that replanting may be necessary to meet future standards. Replacement plantings may be relocated or substituted with other species from the planting plan to improve success. • Monitoring for and minimizing RCG establishment. RCG will be controlled so that woody vegetation performance standards can be met. Direct controls, both mechanical and/or chemical, will be used to reduce RCG competition with new plantings and to limit expansion of RCG colonies. 2.5.4 Strategy to Manage Himalayan Blackberry Himalayan blackberry is not listed as a noxious weed in Washington, but this invasive non- native species poses an ecological threat. It readily invades riparian areas, forest edges, Chapter 2 August 2006 Establishment of the Bank Page 2-7 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument meadows, roadsides, and relatively open areas, including all open forest types. Once it becomes well established, Himalayan blackberry out-competes understory native vegetation and prevents native plant communities from establishing. It is currently present in many of the uplands and riparian areas in the various units and as an understory species in Units C and E. ', The strategy for managing Himalayan blackberry involves an initial mechanical and chemical ��I treatment, monitoring, and ongoing management. • Initial Treatment. During site construction, all areas of Himalayan blackberry will be treated. In large monotypic stands, treatment will involve mowing the aboveground vegetation and applying herbicide. In areas where blackberry is mixed with native vegetation, treatment will involve targeted spot-spraying or cut-and-treat methods of control. • Monitoring. During the establishment phase of Springbrook Bank, both formal and informal assessments of Himalayan blackberry cover will be conducted. The effects of the blackberry identified during these site visits will be assessed and management actions recommended. • Ongoing Management. During the establishment phase of Springbrook Bank, Himalayan blackberry will be controlled as often as necessary to ensure that the performance standards are met. 2.5.5 Strategy to Manage other Invasive Non-Native Vegetation Other invasive non-native vegetation occurring at Springbrook Bank will be managed according to King County Noxious Weed Law (King County 2005) and the Washington State Noxious Weed List (Washington State Noxious Weed Control Board 2005). Additional measures will be taken to control the establishment of Japanese knotweed, purple loosestrife, and English ivy at the site. • Initial Treatment. All Japanese knotweed, purple loosestrife, and/or English ivy identified at the site prior to or during construction will be removed using methods appropriate to the species found. Any Class A or Class B noxious weeds designated for control in King County that are identified onsite will also be removed. • Monitoring. During the establishment phase of Springbrook Bank, yearly site visits will be conducted to identify any of the target species. If identified, locations will be documented and/or flagged and appropriate staff notified to schedule weed control activities. • Ongoing Management. If and when any of the targeted species are found, they will be managed during the same calendar year using control and removal methods appropriate for the particular species. Early season control to prevent seed-set and removal of seed heads may also be implemented to prevent future establishment. 2.6 MITIGATION BANK PLAN Mitigation treatments for each unit are described below and in Table 2-2. All elevations referenced in this chapter are in the North American Vertical Datum 1998 (NAVD88). Elements of the mitigation bank plan are also shown on the following figures: Mitigation Types—(Figures 2-1 to 2-5); Mitigation Treatment Activities—(Figures 2-6 to 2-9); Chapter 2 August 2006 Establishment of the Bank Page 2-8 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Grading Plans-(Figures 2-10 to 2-13); and Planting Plans-(Figures 2-14 to 2-17). Table 2-2.Mitigation Treatment Type and Acreage Summary by Unit Mitigation Treatment Type Acreage Unit A Unit B Unit C Unit D Unit E Total Wetland Re-Establishment 0.05 0.12 9.27 -- 8.35 17.79 Wetland Rehabilitation 19.92 31.16 1.06 -- -- 52.14 Wetland Enhancement-Type I -- -- 4.69 -- -- 4.69 Wetland Enhancement-Type II -- -- -- 2.63 -- 2.63 Forested Wetland Enhancement I -- -- 23.21 2.01 -- 2523 Riparian Upland Enhancement 0.65 1.48 -- -- 4.42 6.55 Upland Habitat Enhancement -- -- 7.80 -- -- 7.80 Protection Setback(Buffer) 2.63 3.55 1.64 -- 2.07 9.89 Trail Zone 2.66 -- -- -- -- I 2.66 Totals 25.91 36.31 47.67 4.64 14.84 I 129.37 2.6.1 Units A and B (62.22 acres) 2.6.1.1 Wetland Rehabilitation Area (SI.OSacres) Wetland rehabilitation is the dominant mitigation treatment within Units A and B. The creation of hydrologic connections through the existing berms in Unit A and B will reconnect Springbrook Creek to floodplain wetlands and their functions at stream elevations greater than the 12-foot contour. Areas dominated by reed canarygrass will be treated and replaced with native woody vegetation. Habitat structures and planting hummocks for tree establishment will also be installed. � When the water surface elevation of Springbrook Creek rises above the 12-foot contour, the berm breaches will allow for water to enter Units A and B more frequently and at lower flows than the two-year storm event. This will occur roughly five days (114 hours) annually, and one day (23 hours) during the growing season (based on modeling of full build-out watershed conditions). Floodwaters from Springbrook Creek will disperse across Units A and B, which are relatively flat, and extend inundation and/or saturation during the growing season. Occasional over-bank flooding from Springbrook Creek is not expected to adversely affect existing vegetation classes or types in Units A and B. For detailed hydrologic analysis, see Springbrook Wetland and Habitat Mitigation Bank: Springbrook Creek Hydrological Analysis (WSDOT 2005b). 2.6.1.1a Constrzsction Elements - Site preparation within 15.6 acres dominated by reed , canarygrass, including the riparian area next to Springbrook Creek, will involve mowing and herbicide treatment. The wetland re-establishment areas in the berm breaches will be cleared and grubbed, graded, and planted (see section 2.6.1.2 for more details on breaches). Three habitat structures per acre (vertical snags, brush piles, and/or LWD) will be placed in reed Chapter 2 August 2006 Establishment of the Bank Page 2-9 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument canarygrass treatment areas and the cattail area in Unit B. Two planting hummocks per acre will be installed in the areas where reed canarygrass is removed. Figure 2-6 shows all treatment activities for Unit A and B. 2.61.1 b Planting — A total of 2,500 native trees and shrubs per acre will be installed within planting areas. Woody species appropriate for the various hydroperiods will be planted as containerized and/or bare-root stock including: Oregon ash, red-osier dogwood, Sitka and Pacific willows, and peafruit wild rose (Wetland Tree/Shrub #2). Containerized Sitka spruce, western red cedar, Oregon Ash, black cottonwood, and Pacific ninebark will be planted on the constructed hummocks (Hummock Plantings). 2.6.1.1 c Functional Gain — Springbrook Creek is one of the few remaining tributary streams in the Lower Green River Basin. In a landscape that is nearly completely developed enhancing and protecting the last remaining natural areas is a high priority. The location of Units A and B along the habitat corridor of Springbrook Creek increases their value within the surrounding landscape and complements existing restoration projects both up and downstream. Re-establishing the hydrologic connection between Springbrook Creek and Units A and B will restore the floodplain wetlands to fully functioning riverine Hydrogeomorphic class wetlands (see Section 1.4.4 Wetlands) while increasing floodplain function. Establishing additional woody vegetation and creating microtopography with planting hummocks will increase surface roughness, and may slow water velocities during flood events and increase residence time of floodwater at the site. The connectivity will also improve the creek's access to available flood storage and potentially reduce peak flow elevations and duration during high-flow events, which would provide downstream benefits. The increased interaction between Springbrook Creek and Units A and B should improve the removal of sediments, nutrients, and toxicants from the creek during flood events. The increase in vegetation classes over portions of Units A and B will provide additional capacity to uptake nutrients and toxicant, which will potentially improve water quality in the creek. Breaching the berm, adding planting hummocks, installing approximately three habitat structures per acre (vertical snags, brush piles, and/or logs), and establishing trees on planting hummocks will increase habitat complexity and result in more diverse habitat niches (Table 2-3). Units A and B are located adjacent to a lower reach of Springbrook Creek. This proximity to the creek and the increased connectivity provided by the berm breaches may allow the I improvements to water quality, hydrologic, floodplain, and riparian functions provided in these units to benefit downstream aquatic habitat in Springbrook Creek and the Lower Green River. Allowing areas of cattail (Typha latifolia) to remain in portions of Unit B will allow for greater habitat diversity and may encourage habitat utilization by great blue heron from the nesting colony located in the nearby Black River Riparian Forest. The cattail area will maintain a third vegetation class (emergent) and habitat interspersion in Unit B. Cattails also provide high quality feeding, breeding, and nesting habitat for red-winged blackbirds and marsh wrens. Cattail seeds are an important food source for waterfowl, and the rhizomes and leaves provide food and shelter for muskrats. Cattails are very efficient at removing excess nutrients and toxicants from aquatic systems due to their high annual productivity and tolerance of inundation. Preserving the cattails will allow their contribution to water quality improvement in Springbrook Creek to continue. Adding a minimum of thirteen pieces of LWD, snags, and/or brush piles in the cattail area will provide additional habitat niches where they are currently lacking. Placement of a minimum of five snags may allow for increased raptar use by increasing the Chapter 2 August 2006 Establishment of the Bank Page 2-10 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument number of locations available for perching, foraging, and nest building. These snags may also encourage woodpecker foraging for invertebrates and potential nesting in the future. The addition of brush piles and LWD will increase the number and diversity of refuge and foraging locations for amphibians, invertebrates, and small mammals. 2.6.1.2 Wetland Re-Establishment Area (0.17 acre) The 0.17-acre Wetland Re-Establishment Area is located where seven sections of the berm next to Springbrook Creek will be removed. A fisheries biologist reviewed the design for Units A ', and B to evaluate the effects on fish related to breaching the berms. This evaluation concluded that the proposed site alteration would improve floodplain connectivity for Springbrook Creek, while minimizing the potential for fish stranding (WSDOT 2006). Springbrook Bank will result in net improvements to fish habitat. 2.6.1.2a Construction — Three 20-foot long by 2- to 3-foot-deep breaches will be excavated in the berm in Unit A, and four in Unit B. Soils will be amended with incorporated compost to improve soil fertility and organic matter content. Disturbed soils will be protected from erosion with coir or jute fabric. 2.6.1.2b Planting—Native trees and shrubs will be installed at a density of 2,500 stems per acre including: Oregon ash, red-osier dogwood, Sitka and Pacific willows, and peafruit wild rose (Wetland Tree/Shrub #2). 2.6.1.1 c Functional Gain — Increasing wetland area and allowing Springbrook Creek increased access to the floodplain will provide substantial increases in wetland function. Replacing existing reed canarygrass with dense native woody vegetation will increase canopy closure over time. Woody plantings will increase the number of vegetation strata in portions of the site, eventually increase vertical stratification over time, and increase the number of native species present onsite (Table 2-3). 2.6.1.3 Riparian Upland Enhancement Area (2.13 acres) The 2.13-acre riparian upland enhancement area includes the unexcavated area of the berm and embankment next to Springbrook Creek. Existing reed canarygrass will be replaced with native woody vegetation, which may improve riparian habitat and over time shade the stream channel. 2.6.1.3a Construction—Reed canarygrass will be mowed and treated with herbicide. 2.6.1.3b Planting — Scouler's willow, big-leaf maple, red alder, Sitka spruce, Douglas-fir, and snowberry will be planted at a density of 1,500 stems per acre (Riparian Upland Plantings). 2.6.1.3c Functional Gain — Leaf litter from deciduous trees and shrubs will increase organic matter export to the stream providing aquatic food-chain support (Table 2-3). As woody vegetation matures over time at the Bank, the amount of shading of Springbrook Creek may increase. 2.6.1.4 Protection Setback Area (6.18 acres) A 6.18-acre 40-foot-wide protection setback area will be created around the outer perimeter of Units A and B to protect the wetland from disturbance related to adjacent roads and developments (Oakesdale Avenue SW, SW 27th Street, and Lind Avenue SW). The protection setback includes both existing wetlands and uplands. Native woody plantings will be established in areas where woody cover is lacking or invasive non-native vegetation is removed. Chapter 2 August 2006 Establishment of the Bank Page 2-11 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.61.4a Construction — Himalayan blackberry and other invasive non-native vegetation present within the buffer will be selectively removed prior to planting native woody species. 2.6.1.4b Plantings — Protection setback plantings in uplands will include Douglas fir, big-leaf maple, serviceberry, oceanspray, beaked hazel and snowberry (Upland Plantings) at 1,500 stems per acre. Protection setback plantings in wetlands will include Oregon ash, red-osier dogwood, Sitka and Pacific willows, and peafruit wild rose (Wetland Tree/Shrub #2) at 2,500 stems per acre. ' 2.6.1.4c Functio�al Gain — Planting dense woody vegetation in the buffer areas will protect habitat functions over the larger site from disturbance related to surrounding land use. Units A and B will primarily provide habitat for small mammals, aquatic mammals, invertebrates, and varies species of birds. 2.6.1.5 Trail Zone (2.66 acres) A 2.66-acre non-credit-generating Trail Zone will be established around the boardwalk running north-south in Unit A to serve as a buffer between the trail and portions of Unit A (see Figure 2-2). All mitigation treatment activities within the trail zone will be applied accordingly. This includes reed canarygrass removal and native woody plantings. The Trail Zone includes the 8-foot-wide trail footprint and a 40-foot-wide protection setback area on both sides of the proposed trail. This will create an approximately 88-foot-wide by 1,365-foot long area that will not generate mitigation credits. By removing the 88-foot-wide Trail Zone (2.66 acres) from Springbrook Bank, approximately 0.90 credit will not be generated. Wetland rehabilitation will be performed within the Trail Zone as proposed throughout Unit A. In order to construct the trail, existing vegetation within an 18-foot-wide temporary construction corridor will be cleared, the 8-foot-wide trail will be constructed, and all areas not occupied by the trail will be planted with woody vegetation. Areas dominated by reed canarygrass will be mowed and treated with herbicide as part of the wetland rehabilitation treatment in Unit A. The trail will provide a significant environmental education opportunity in an urban area under intense development pressure. The trail design and construction will utilize all available best management practices (BMPs) to minimize disturbance to adjacent habitat within Unit A. Within the Trail Zone, a net increase of 1.17 acres of woody vegetation will result after trail construction and re-vegetation work. This increase of woody vegetation is nearly 100% compared to existing conditions. The completed Trail Zone will offset the impacts to woody vegetation and wetlands from trail construction, and should provide an increase in wetland function and vegetative structure. It is expected that the efforts to minimize impacts and enhance vegetation within the non-credit-generating Trail Zone will mitigate the impacts from constructing the trail. Construction of the trail has been carefully designed to minimize environmental impacts. The design team has considered the potential environmental impacts of the trail to Unit A and has incorporated appropriate design features to minimize these impacts as follows. Alignment Chan�e: The City owns an easement along Springbrook Creek for the trail connection. To improve and protect riparian habitat and functions, the City is revising the trail footprint further away from the stream than originally planned for in the easement. This alignment will minimize impacts to established shrubs and trees by aligning the trail to the Chapter 2 August 2006 Establishment of the Bank Page 2-12 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument greatest extent practicable through existing patches of reed canarygrass. The trail will run roughly parallel with the creek on the west side of Unit A. Elevated Boardwalk: The trail will be built as a boardwalk, elevated an average of 3 feet above the existing ground surface, except at the ends where it will connect to the existing trail system. The elevation will minimize impacts to the wetland, allow some vegetation to grow under the trail, and maintain connectivity of wildlife and hydrology. WDFW has indicated that they do not expect deer to be present in the area, and site visits by project biologists have noted the lack of any existing game trails on the site. Without the presence of deer onsite, the 3-foot vertical clearance should be adequate to allow passage of other wildlife species that may be present. Elevating the trail will minimize flooding of the trail from Springbrook Creek to the greatest degree possible and minimize impacts to sensitive wetland areas. Narrower Trail: By narrowing the trail footprint to 8 feet, the construction impacts and footprint will be minimized. The typical width for City of Renton trails is 12 feet. Benches will be located in two designated areas with interpretive signage at one of the two locations. At these locations the trail may be widened 5 additional feet to 13 feet in width for sections up to 15 feet in length. Handrails: Handrails will be installed along both sides of the entire boardwalk and be designed to prevent pedestrians from leaving the designated trail. �i Materials: A pre-cast concrete diamond-pier pin foundation system will be used. This low- impact foundation system eliminates the need for pouring concrete footings and consequently will greatly reduce the extent of impacts to wetlands. Also, plastic wood will be used to construct the posts and beams, which will be exposed to occasional flooding. Plastic wood, cedar timber, or other nontoxic materials will be used to construct the decking and railings. Pet Control: Plastic-coated fencing will be incorporated as part of the handrail design along the boardwalk to prevent pet access into the wetland area. Pet stations will also be installed at the northern and southern trail ends to collect pet waste. Dense VeEetation: Dense vegetation will be established and/or existing vegetation will be supplemented adjacent to the trail to deter people from entering the wetland from the trail. Limited Access: Bollards at each end of the trail will deter bicycle and other unauthorized vehicular access. Instructive Signa�e: Signs posted at each end of the trail will identify the trail for pedestrian use only and include a posting of the City's adopted Park Rules and Regulations. All users must remain on the trail. Dogs must be on a leash (Council-adopted Park Rules and Regulations). Additional signage directing bicyclists to the appropriate alternate routes will also be placed at both ends of the trail and at logical points prior to the restricted use section of the trail. Educational Signage: Benches will be placed at two locations along the trail to facilitate passive recreation, such as bird watching. In addition, interpretive signs at the designated seating areas will describe the unique natural features and environmental bene�ts of the Springbrook Creek wetlands. Minimized Construction Impacts: Clearing the minimum amount of desirable vegetation necessary to construct the trail using an 18-foot-wide temporary construction corridor, narrowing the trail footprint, and implementing all available BMPs will minimize construction impacts. Chapter 2 August 2006 Establishment of the Bank Page 2-13 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Undesirable vegetation immediately adjacent to the trail will be removed and disposed of appropriately. Disturbed areas will be re-vegetated with native plant materials. 2.6.2 Unit C (47.67 acres) 2.6.2.1 Wetland Re-Establishment Area (9.27 acres) The 9.27-acre Wetland Re-Establishment Area is the second largest treatment area in Unit C. Excavation of up to 7 feet of existing fill will place the lowest finish grade at the 16-foot elevation. The bottom of the created wetland will interface with seasonal groundwater. In order to ensure positive drainage and provide the potential for groundwater interaction, the 16-foot elevation was chosen to mesh with existing topography of the site, match up with the bottom of the existing conveyance ditch from which water is being diverted onto the Wetland Re-Establishment Area, and match the existing grade below the downstream outlet structure. Additional treated surface and ground water (average of 45,000 cubic feet of water per month) will also be redirected from the South 180th Street grade separation project to the north end of Unit D via a new pipe, then via the conveyance ditch through BNSF property to the south of Unit C and into the Wetland Re-Establishment Area (currently the water from this project is routed to Springbrook Creek). The conveyance ditch will be plugged near its entrance to Unit C and flows will be directed into this area. Wetland hydrology will be established below the 17- foot elevation. An adjustable-height weir will be installed at the outflow point in the northeast , corner of the Wetland Re-Establishment Area to ensure saturation and up to 2 inches of seasonal ' inundation at the 16.2-foot elevation. This supplemental water will extend the hydrology up to five weeks in the late spring and three weeks in the late summer. For detailed hydrologic analysis, see Springbrook Wetland and Habitat Mitigation Bank.• Unit C Water Balance Memorandum (WSDOT 2005c). Analysts examined soils from geotechnical borings at the proposed excavation depth. The soils range from sandy gravel and sand to silty sand (fill), to interbedded sand and silt underneath the areas of fill, and poorly graded sand to silt at the bottom of the soil borings. Peat was also discovered intermixed in many of the soil layers (Hart Crowser 2005a). 2.6.21a Construction — Approximately 100,000 cubic yards of fill will be excavated and removed from historic wetlands with heavy equipment. This area will be fully cleared and grubbed prior to grading. The lowest finish grade in this area will be at the 15-foot contour, in a small area directly in front of the adjustable-height weir in the northeast corner of the excavated area. The entire Wetland Re-Establishment Area will be rough-graded to allow for microtopographic variation. After grading, a minimum of 3 inches of compost will be incorporated to a depth of 12 inches within the excavated area. The existing conveyance ditch will be plugged at several locations below the diversion point. Three habitat structures per acre (vertical snags, brush piles, andlor LWD) will be placed throughout the re-establishment area. (Figure 2-7 shows all treatment activities for Unit C.) 2.6.2.1 b Planting—This area will be planted with native trees and shrubs at 2,500 stems per acre. The wetter bottom area (below the 16-foot contour) will be planted with Oregon ash, red-osier dogwood, Sitka and Pacific willows, and peafruit wild rose (Wetland Tree/Shrub #2). Fringe wetland areas (between the 16-foot and 20-foot contours) will be planted with Pacific ninebark, black twinberry, Oregon ash, black cottonwood, Sitka willow, and Nootka rose (Wetland Tree/Shrub #1). Disturbed soils will be mulched with a minimum of 3 inches of woody mulch to deter reed canarygrass and other weed establishment and control erosion. Chapter 2 August 2006 Establishment of the Bank Page 2-14 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.6.2.1 c Functional Gain — Removal of fill material in the wetland re-establishment area will increase storage capacity for water delivered to the site from the existing conveyance ditch �, running from Unit D to the south edge of Unit C. Planting dense woody vegetation will increase surface roughness and may decrease water velocities, which has the potential to reduce erosion and delay surface water flows from leaving the site. The Wetland Re-Establishment Area will provide soil saturation for extended periods, allowing the uptake of dissolved nutrients and toxicants from solution. Increasing the number of vegetation classes throughout Unit C will allow greater uptake of nutrients and toxicants. Re-establishment of additional wetland area will also increase wetland functions (Table 2-4) and increase available wetland habitat for wetland- dependent and wetland associated birds, mammals, and invertebrates. 2.6.2.2 Wetland Rehabilitation Area (1.06 acres) A 1.19-acre wetland rehabilitation area is associated with portions of the existing conveyance ditch and new drainage path. This area is dominated by existing native trees and shrubs, which will be protected. Native coniferous trees will be under-planted in these areas. 2.6.2.2a Construction — All areas of invasive non-native vegetation will be selectively removed to protect existing woody vegetation. Three habitat structures per acre (vertical snags, brush piles, and/or LWD) will be placed throughout the wetland rehabilitation area. 2.6.2.2b Planting — Conifer under-plantings will include Sitka spruce, western hemlock, and western red cedar(Wetland Forest Under-Plantings) at a density of 100 stems per acre. 2.6.2.2c Functional Gain — Coniferous woody vegetation will increase the quantity and quality of habitat niches. Woody plantings will increase canopy closure, the number of vegetation strata, and provide additional buffering from adjacent land uses. Under-planted conifers will increase native species richness and habitat structural diversity (Table 2-4). 2.6.2.3 Forested Wetland Enhancement Area (23.21 acres) The 23.21 acres of wetland enhancement is the largest treatment area in Unit C. Areas dominated by existing native trees and shrubs will be under-planted with native conifers. 2.6.2.3a Construction—Areas of existing Himalayan blackberry will be selectively removed. 2.6.2.3b Planting — Sitka spruce, western hemlock, and western red cedar (Wetland Forest Under-Plantings) will be planted in existing forested wetland areas at a density of 100 trees per acre. 2.6.2.3c Functional Gain — Native conifer plantings will increase species diversity, the number of vegetation strata, and the structural complexity of these areas (Table 2-4). 2.6.2.4 Wetland Enhancement Type I(4.69 acres) Existing reed canarygrass will be removed and native woody plants established. 2.6.2.4a Construction— Site preparation within areas dominated by reed canarygrass will include mowing and herbicide treatment. Three habitat structures per acre (vertical snags, brush piles, and/or LWD) will be placed throughout the Wetland Enhancement Area. 2.6.2.4b Planting — Nootka rose, red-osier dogwood, Sitka spruce, black cottonwood, red alder, Scouler's willow, and western red cedar(Wetland Tree/Shrub #3) will be installed at 2,500 stems per acre. Chapter 2 August 2006 Establishment of the Bank Page 2-15 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.6.2.4c Functional Gain — Establishing woody vegetation in reed canarygrass removal areas will provide an increase in vegetation classes, which may provide additional uptake of nutrients and toxicants, and increase habitat structure. Installing habitat structures (snags, brush piles, and/or LWD) and establishing conifers will increase habitat niches, species diversity, and structural diversity (Table 2-4). 2.6.2.S Upland Habitat Enhancement Area (7.80 acres) The 7.80-acre upland habitat enhancement area will be located in the northern and western portions of Unit C. Enhancement of these areas will consist of replacing invasive non-native vegetation with native trees and shrubs. 2.6.2.Sa Construction — Areas of existing Himalayan blackberry will be removed. Mowing and herbicide treatment will be used to remove reed canarygrass. Three habitat structures per acre (vertical snags, brush piles, and/or LWD) will be placed throughout the upland habitat enhancement area. 2.6.2.Sb Planting — Douglas fir, big-leaf maple, serviceberry, oceanspray, beaked hazel, and snowberry (Upland Plantings) will be planted at 1,500 stems per acre in upland areas. 2.6.2.Sc Functional Gain — Woody vegetation and habitat structures (vertical snags, brush piles, and/or LWD) will provide vertical habitat stratification that further increases the quantity and quality of habitat niches. Woody plantings will increase canopy closure, the number of vegetation strata over time, and provide additional buffering from adjacent land uses. 2.6.2.6 Protection Setback Area (1.64 acres) A 1.64-acre non-credit-generating 40-foot-wide buffer will be created to protect the wetland from Oakesdale Avenue SW and development to the south. The buffer includes existing wetlands and uplands. Native woody plantings will replace invasive non-native vegetation. 2.6.2.6a Construction — Invasive non-native vegetation will be selectively removed within the 40-foot-wide buffer area along Oakesdale Avenue SW. 2.6.2.6b Planting — Plantings in upland areas will include Douglas fir, big-leaf maple, serviceberry, oceanspray, beaked hazel, and snowberry (Upland Plantings) planted at 1,500 stems per acre. Plantings in wetland areas will include Oregon ash, red-osier dogwood, Sitka and Pacific willows, and peafruit wild rose (Wetland Tree/Shrub #2) planted at 2,500 stems per acre. 2.6.2.6c Functional Gain — Woody plantings will increase canopy closure, the number of vegetation strata over time, and provide additional buffering from adjacent land uses. The addition of native woody species may also provide increased habitat functions within the protection setback areas. 2.6.3 Unit D (4.64acres) 2.6.3.1 Wetland Enhancement Type II Area (2.63 acres) A 2.63-acre Wetland Enhancement Type II Area is located at the north end of Unit D. Hydrology in this area will be augmented with an average of approximately 45,000 cubic feet of water per month, which will be conveyed from a stormwater treatment pond directly south of the unit, via a new pipe, to the inundated area at the north end of Unit D. The stormwater treatment pond is a combined detention and water quality treatment facility designed to detain and treat surface runoff and groundwater from the Tukwila South 180th Street Grade Separation Project. Chapter 2 August 2006 Establishment ofthe Bank Page 2-16 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument The pond was sized for water quality treatrnent in accordance with the requirements of 1998 II King County Surface Water Design Manuai (King Caunty 1998). Surface runoff that collects in I the roadway, and groundwater seepage that collects under the concrete roadway slab, is collected j and drained to a wet weil. The water is then pumped to a gravity system befare discharging ta the detention/water quality pond. The pond discharges to a pipe systern that currently discharges to Springbroak Creek to the east of the pond. The new diversian pipe from the treatment pond wiit be buried in an existing roadbed. This will provide additional water to the Unit C Wetland Re-Establishn�ent Area and extend the hydroperiod in the northern portion of Unit D. A permanent easement was granted ta the City of Tukwila by the City af Rentan allowing all stormwater facilities to be owned and maintained by the City af Tukwila. The City of Renton is the original awner of the property, and has the authority to require the City af Tukwila ta maintain the stormwater facilities in a working conditian at all times and in perpetuity. 2.6.3.1a Construction — Installation of a new diversion structure and conveyance pipe fram the pump station treatmentldetention pond to inundated area at north end of the unit. (Figure 2-8 shows all treatment activities for Unit D.) 2.6.31 h Planting—No plantings are planned for this area. 2.6.3.Ic Functionat Gazn — Providing additional water ta this area will create additional hydrologic regirnes (water depth classes and durations of inundation} and/or extend the period of inundation in this area providing an increase in habitat niches (Tabte 2-5}. 2.6.3.2 Forested Wetland Enhancement f1 rea (2.DI acres) A 2.01-acre Forested Wetland Enhancement Area is ]ocated in the south partian of Unit D. Invasive non-nativc vegetation will be remaved fram the understary of the existing farested wetlands. A11 ather existing native trees and shrubs will be undisturbed. Native conifer trees will be under-ptanted in existing farested wetlands. The 0.25-acre area disturbed in constructing the starrn sewer wilt be planted with native trees and shrubs. 2.6.3,2a Con.stra�ctron — Clearing, grubbing, and grading will be limited to approxirnately a 0.25-acre wetland area needed to construct the new pipe that will convey supplemental water to the Wetland Enhancement Type II Area. Brush piles will be placed within the disturbed area. 2.6.2.4b Plantirrg — Sitka spruce, western hemlock, and western red cedar {Wetiand Forest Under-plantings, Table 2-1} will be used for under-plantin�; in the forested wetlands, at a density of 10Q trees per acre. The area disturbed in constructing the storm sewer pipe will be planted with 2,500 stems per acre of Oregon ash, red-osier dagwaod, Sitka and Pacific willows, and peafruit wild rase {Wetland TreeiShrclb #2}. Three inches of woady mulch will be placed in this area. 2.6.2.4c Functit�nal Gazn — Under-planting will increase habitat complexity in wetland enhancement areas by impraving vegetation strata over time and native plant diversity. Woody vegetation and habitat structures, such as brush piles, will increase the quantity and quality of habitat niches (Table 2-5). 2.6.4 Unit E (14.84acres) 2.6.d.l Wetland Re-Estabtishment Area (8.35 acres} The 8.37-acre Wetland Re-Establishment Area includes creating riverine flow-throug� wetland conditians at Unit E by removing existing fill materials and connecting these wetlands to the Chapter 2 August 2006 Establishment afthe Bank Page 2-17 , —. —.— ' FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument I creek. The low-flow channels will be the lowest elevation in the unit at the 9-foot contour (just above summer base-flow of Springbrook Creek), which will be inundated for the majority of the year. The low-flow channels have been designed to direct floodwater from the wetland back into Springbrook Creek as it recedes. These channels will prevent any isolated pools of standing water from forming and prevent fish stranding. Three sections of the existing berm will be removed to connect Unit E to Springbrook Creek. Elevations below the 11.5-foot contour will be saturated at least ten percent and inundated approximately one percent of the growing season. Wetlands are not expected to re-establish at elevations above the 11.5-foot contour. The majority of the Wetland Re-Establishment Area's final grade, between the 9-foot and 11.5-foot elevations, will be located in a low-permeability silt layer. These elevations were selected based on the number of hours of inundation and saturation in the growing season estimated using a continuous time series model of Springbrook Creek combined with geotechnical information on soil conditions at the proposed elevations and regional groundwater inputs during the early growing season (WSDOT 2005b, Hart Crowser 2005a). The remainder of the Wetland Re- Establishment Area will be seasonally inundated. This area will be planted with native trees and shrubs. Analysts examined soils taken from geotechnical borings of soils to be exposed through excavation. The soils range from sandy gravel and sand to silty sand (fill) on top, to interbedded sand and silt underneath the fill, then soft to medium stiff dark gray silt to sandy silt (low- permeability layer) and poorly graded sand to silt at the bottom of the soil borings. Peat was also intermixed and discovered in many of the soil layers (Hart Crowser 2005a). Surface water inundation and inputs of groundwater from the more permeable sand/silty sand layers above and below the low-permeability layer will be important to the hydrology of the Wetland Re-Establishment Area. Surface water flooding will provide periodic inundation relatively frequently during the early growing season. The upper sand/silty sand layer will provide water to the site via seepage from the excavated slopes after infiltration from rainfall and flood events. A portion of the seepage will re-infiltrate into the bottom terrace of the excavated area and help maintain saturated conditions. The lower sand/silty-sand layer will provide a steady source of water via "leakage" into the silt layer from below, as the aquifer in this layer appears to be under pressure during the winter and through the early growing season. These sources of hydrology will maintain saturation in the Wetland Re-Establishment Area during time periods that surface water inundation is not present. For a more detailed surface water hydrology analysis, see Springbrook Wetland and Habitat Mitigation Bank: Springbrook Creek Hydrological Analysis (WSDOT 2005b). 2.6.4.1 a Construction — Approximately 149,716 cubic yards of existing fill will be excavated in Unit E. The Wetland Re-Establishment Area will be fully cleared and grubbed prior to grading. Three habitat structures per acre (vertical snags, brush piles, and/or logs) will be placed throughout this area. The lowest elevations will be rough-graded to allow for microtopographic and water regime variation. A minimum of 3 inches of compost will be incorporated to a depth of 12 inches in excavated areas. All disturbed soils will be covered with a minimum of 3 inches of woody mulch to deter reed canarygrass growth and promote woody plant establishment. Disturbed areas adjacent to the creek will be protected with coir or jute fabric and/or quarry spalls to prevent erosion. Construction in Unit E will likely be phased over two construction seasons to minimize impacts to fish in Springbrook Creek. The majarity of the site behind the berm will be excavated and planted in the first season. In the second construction season any Chapter 2 August 2006 Establishment of the Bank Page 2-18 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument remaining areas will be planted after the berm is breached, allowing the creek access to off- channel habitat in Unit E. (Figure 2-9 shows all treatment activities for Unit E.) 2.6.4.1 b Planting — The wetter bottom area (below the 10-foot contour) will be planted with Oregon ash, red-osier dogwood, Sitka and Pacific willows, and peafruit wild rose (Wetland Tree/Shrub #2). Fringe wetland areas (between the 10- and 12-foot contours) will be planted with Pacific ninebark, black twinberry, Oregon ash, black cottonwood, Sitka willow, and Nootka rose (Wetland Tree/Shrub #1). Areas above the 12-foot contour will be planted with red-osier dogwood, Sitka spruce, black cottonwood, Nootka rose, Scouler's willow, and western red cedar (Wetland Tree/Shrub #3). Woody plants will be installed as live stakes, bare-root, and/or containerized stock at a density of 2,500 woody stems per acre. 2.6.4.1 c Functional Gain — Re-establishing the hydrologic connection between Springbrook Creek and Unit E will provide an opportunity for increased functions and processes of the wetland floodplain. The re-established wetland hydrology will provide soil saturation for extended periods, allowing the uptake of dissolved nutrients and toxicants. Increasing the area available for treatment by increasing the ratio of the wetland to stream width will increase the likelihood of water quality improvement. Establishing woody vegetation and creating microtopography will increase surface roughness, which may slow water velocities during flood events, and increase residence time of floodwater at the site. Unit E is located adjacent to one of the lower reaches of Springbrook Creek. This proximity to the creek will provide an opportunity for the potential improvements to water quality, hydrologic, floodplain, and riparian functions provided in Unit E to benefit downstream aquatic habitat in Springbrook Creek, the Green River, and Duwamish River and its estuary. Springbrook Creek is one of the few remaining tributary streams to the Green River. In a highly , urbanized landscape, enhancing and protecting the last remaining natural areas is a high priority. The location of Unit E along the habitat corridor of Springbrook Creek greatly increases its value within the surrounding landscape and complements existing restoration projects both up and ' downstream. 2.6.4.2 Riparian Upland Enhancement Area (4.42 acres) The 4.42-acre Riparian Upland Enhancement Area includes the remaining sections (islands and peninsulas) of the berm next to Springbrook Creek and upland areas surrounding the Wetland Re-Establishment Area. A portion of the existing cottonwood stand will be protected and under- planted with native trees and shrubs. Native woody plantings will be established in areas where woody cover is lacking. 2.6.4.2a Construction — Areas of existing Himalayan blackberry and other invasive non-native vegetation will be selectively removed. Three habitat structures per acre (vertical snags and/or LWD) will be placed in portions of the riparian enhancement area. ' 2.6.4.2b Planting — Scouler's willow, big-leaf maple, red alder, Sitka spruce, Douglas-fir, and snowberry (Riparian Upland Plantings) will be installed in areas lacking woody vegetation in the Riparian Enhancement area at 1,500 plants per acre. Under-plantings in existing deciduous forest will include Sitka spruce, western hemlock, and western red cedar (Wetland Forest Under- Plantings). A total of 100 plants per acre will be installed in those areas. 2.6.4.2c Functional Gain —Increased organic matter in the form of leaf litter would increase organic matter export to the creek, which provides food-chain support. As they mature, woody riparian plantings should provide increased shade over the creek. Establishing dense woody Chapter 2 August 2006 Establishment of the Bank Page 2-19 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument vegetation will increase canopy closure, the number of vegetation strata, and vegetative species diversity(Table 2-6). 2.6.4.3 Protection Setback Area (2.07 acres) A 2.11-acre non-credit-generating 40-foot-wide buffer will be created to protect the wetlands in Unit E from Oakesdale Avenue SW and development to the north. The buffer will include existing uplands. Native woody plantings will be established to increase plant diversity, habitat structural diversity, and cover of woody plants. Existing native trees will not be removed. These ' areas will be under-planted with native conifer species. i 2.6.4.4a Constrz�ction — All non-native invasive vegetation will be selectively removed within areas dominated by reed canarygrass. Existing Himalayan blackberry within the 40-foot buffer area along Oakesdale Avenue SW and the northern edge of the property will be selectively removed. 2.6.4.4b Planting—Native woody plantings will be installed at a density of 1,500 stems per acre. Species to be planted include Douglas fir, big-leaf maple, serviceberry, oceanspray, beaked hazel, and snowberry (Upland Plantings). 2.6.4.4c Functional Gain — Establishing dense woody vegetation will increase canopy closure, the number of vegetation strata, and provide buffering from surrounding land uses. 2.7 FUNCTIONAL IMPROVEMENT Substantial functional improvements are expected from Springbrook Bank at various scales: watershed, mitigation bank unit, and treatment type. Functional gains for each treatment type were summarized in the previous sections. Functional gains at the watershed scale and at the mitigation bank scale are described in the following sections. 2.7.1 Watershed Scale Substantial functional improvements are expected at the watershed level as a result of establishing Springbrook Bank. The proximity of Springbrook Bank to the lower reaches of Springbrook Creek provides an opportunity for potential improvements to water quality, hydrologic, floodplain, and riparian functions that may be provided in these units to benefit downstream aquatic habitat in Springbrook Creek and the Lower Green River. Springbrook Creek is one of the few remaining tributary streams to the Green River. The habitat value of associated natural areas may be difficult to replicate due to landscape position, water supply availability, urbanization of the surrounding area, and historic hydrologic manipulation of natural hydrologic systems in the Lower Green River Basin. 2.7.2 Mitigation Bank Unit Scale Significant increases to wetland, stream, riparian, and floodplain functions will result at Springbrook Bank by: re-establishing, rehabilitating, and enhancing wetlands; enhancing upland habitat; and improving riparian conditions along Springbrook Creek. Water quality, hydrologic, and habitat functions are expected to increase significantly at Springbrook Bank. Tables 2-3 through 2-6 summarize the expected functional improvements for each unit, and list the attributes that contribute to wetland function in existing and future conditions. The site attributes examined were taken from Method for Assessing Wetland Functions (Hruby et al. 1999) and the Wetland Rating System for Western Washington (Hruby 2004). These methods include Chapter 2 August 2006 Establishment of the Bank Page 2-20 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument comprehensive lists of attributes that contribute to wetland function. Existing and proposed conditions are rated qualitatively using three categories (Poor, Moderate, and High). Work performed at Springbrook Bank will increase the variety of hydrologic regimes, number and structure of vegetation communities, number and diversity of physical structures, and wetland size. Therefore, improvements will result for many attributes used in Hruby et al. (1999) and Hruby (2004). • Units A and B — Twelve of the eighteen functional attributes listed in Table 2-3 will be positively affected; three of three water quality attributes, two of four hydrologic attributes, and seven of eleven habitat attributes will be positively affected. • Unit C — Ten of the eighteen functional attributes listed in Table 2-4 will be positively affected in addition to a substantial increase in wetland area; two of four water quality attributes, one of three hydrologic attributes, and seven of eleven habitat attributes will be positively affected. • Unit D — Three of the eighteen functional attributes listed in Table 2-5 will be positively affected; two of four water quality attributes and one of eleven habitat attributes will be positively affected. • Unit E — Seventeen of the eighteen functional attributes listed in Table 2-6 will be positively affected, in addition to a substantial increase in wetland area and fish rearing and refuge habitat; three of three water quality attributes, three of four hydrologic attributes, and eleven of eleven habitat attributes will be positively affected. 2.8 CONSTRUCTION MONITORING WSDOT will monitor site construction to ensure work is completed according to site plan sheets and permit conditions. Site elevations will be surveyed routinely during excavation in Units A, B, C, and E during construction to confirm elevations. As-Built drawings will be generated post- construction. Photo-documentation of site construction will be kept on file. Woody habitat structures and plant material will be inspected, properly stored, and installed. Bank performance standards, included in Chapter 3, will measure site success. Performance standards will address as-built condition, grading accuracy, planting success and cover, and installation/retention of woody habitat structures. Monitoring reports will specifically address each aspect of site construction. Chapter 2 August 2006 Establishment of the Bank Page 2-21 1 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 2-3. Existing and Proposed Function Attributes for Springbrook Bank, Units A and B (Riverine) WATER QUALITY IMPROVEMENT FUNCTION ATTRIBUTES _ _ _ _ _ Function Attribute Existing Condition � Miti�ation Work Proposed Condition Vegetation classes Moderate-Two to three vegetation Mow,apply herbicide,create Moderate to HiEh-Replace large reed classes present(Unit A: forested, microtopography,and plant trees canarygrass emergent wetlands with forested scrub-shrub,and emergent;Unit B: and shrubs in large areas and scrub-shrub vegetation classes. forested,emergent). dominated by reed canarygrass, Establishing tree and shrub classes in the including riparian areas. riparian areas contribute to improving water ___ quality in Springbrook Creek. _—__ __ _ - - Understory vegetation Low-Limited understory Plant native trees and shrubs. Moderate-Area and complexity of development understory vegetation will increase. _ _ _ _— _. _ - __ � Width ratio of wetland to Low-Wetland is 30 to 70 times the Breach 20-foot berm sections Hi�h-Reconnecting the wetland floodplain stream stream width,but wetlands are next to Springbrook Creek to Springbrook Creek substantially increases hydrologically disconnected from (three breaches in Unit A; the effective width ratio of wetland to stream. Springbrook Creek. four breaches in Unit B). _ _ _ _ _.—_ _ _--_ HYDROLOGIC FUNCTIONS ATTRIBUTES _ -- -- —.... ---- _ __.. Storage capacity Moderate-Wetland has potential to Breach berm sections next to Hi�h-Breaching berm sections increases store large volumes of stormwater. Springbrook Creek. available storage capacity for floodwaters Low opportunity to store floodwater from Springbrook Creek. from creek because berms restrict connection. _ _ --- — ---- _.... Size ratio of wetland to Low-Wetlands represents a small Breach berm sections next to Low-The effective floodplain area will be basin portion of total basin area. Springbrook Creek. increased,but that increase is relatively small compared to the basin drainage area. _ __ --- - __ Ratio of wetland to stream High-Stream extends total length of Breach berm sections next to HiEh-No change in ratio,but connectivity wetland,but connectivity is low. Springbrook Creek. will be substantially increased. - - - - __ __ Cover by woody vegetation Moderate-Woody vegetation Plant native trees and shrubs. High-Overall cover by woody vegetation covers approximately 33 percent of will increase in wetlands currently dominated Unit A and 60 percent of Unit B. by reed canarygrass,including riparian areas. - _- - - - HABITAT FUNCTIONS ATTRIBUTES _ _ __ _ ._ Buffer Conditlon Low-Buffers are relatively narrow Within a 40-foot buffer screen Moderate-Weed removal and native woody and disturbed. around the perimeter of Units A plantings will improve buffer condition. and B,remove weeds and plant with native trees and shrubs. ' Plant native trees and shrubs in riparian enhancement area. CanOpy Closure over Varies from Low to Moderate- Mow,apply herbicide,create Hi�h-Overall canopy closure by woody wetlands Woody vegetation covers microtopography,and plant vegetation will increase in reed canarygrass approximately 33 percent of Unit A native trees and shrubs in large removal areas. and 60 percent of Unit B. areas currently dominated by reed canarygrass. .- _ -__ - Canopy closure over stream Low-Very little woody vegetation Mow,apply herbicide,and jute Hi�h-Canopy closure over stream will present along stream matting,plant trees and shrubs increase replacing reed canarygrass. along riparian corridor currently dominated by reed canarygrass. Number of vegetation strata Moderate-Three strata present Mow,apply herbicide,create Moderate-Tree and shrub strata will replace ' (tree,shrub,and herb). microtopography,and plant the herb layer in large areas dominated by native trees and shrubs in large reed canarygrass. areas currently dominated by I reed canarygrass. - - —_ ---..._. _._ Number of snags Low-Few or no snags. Install vertical snags in treatment Hi�h-Number of snags will substantially areas. increase. _ -- _ _... ---. -- _._... Number of LWD Low-Little or no LWD. Install large woody debris and Hi�h-Number of LWD and brush piles will _ _ _ _ _ _ brush piles in treatment areas. substantially increase. Vegetation interspersion Moderate-Most of the areas have a Install native trees and shrubs Moderate-Increase vegetation interspersion moderate degree of interspersion. and create micro-topography in with structurally complex boundaries by re- large areas dominated by reed habilitating forested and scrub-shrub canarygrass. wetlands,and enhancing riparian uplands. - _ __ - - _ Number of hydrologic Moderate-Three hydrologic Install planting hummocks to Moderate-No change to number of reglmes regimes(seasonally saturated, create microtopography in reed hydrologic regimes,but the wetland area with occasionally inundated,and canarygrass removal areas. the various hydrologic regimes will be seasonally inundated). increased. _. _ Number of water depth Moderate-Two depth classes(0-8", Install planting hummocks to Moderate-No change to number of depth Classes 8-40"). create microtopography in reed classes,though complexity will increase by canaryQrass removal areas. creating micro-topoQraphy. Species richness Low-Between four to eight species Plant up to five additional Moderate-Native species richness will present,depending on area.No species in reed canarygrass increase as a result of plantings. conifers are present. removal areas. Mature woody vegetation Moderate-Areas of mature woody Retain existing mature woody HiEh-Plantings will provide more mature ' vegetation are present. vegetation.Plant native trees and woody vegetation as the site becomes � shrubs in large areas dominated established. by reed canarygrass. Chapter 2 August 2006 Establishment of the Bank Page 2-22 FINAL Sqrin�brook Creek Wetland and Habitat Miti�ation Bank Instrument Table 2-4. Existing and Proposed Function Attributes for Springbrook Bank, Unit C (Depressional) WATER QUALITY IMPROVEMENT FUNCTION ATTRIBUTES _ _ —_ — —_ — — _ _—_ _— —_ _ _ Function Attribute TExistin� Condition � Miti�ation Work � Proposed Condition __ — --- __ —_ _—_ — Vegetation classes Moderate—Three vegetation classes Create forest/scrub-shrub in Moderate—Same number of vegetation present(deciduous forest,scrub- wetland re-establishment area; classes,but improved composition(deciduous shrub,and emergent). Geate forest/scrub-shrub forest,mixed forest,and scrub-shrub).Reed wetlands in reed canarygrass canarygrass-dominated emergent wetlands removal areas;Create mixed will be replaced by forest/scrub-shrub. forest by under-planting Under-planting conifers will create mixed coniferous trees in deciduous forest.Area of forest/scrub-shrub will be — — - forest. enlarged in wetland re-establishment area. Understory vegetation Low to Moderate—Limited Plant native conifers in the Moderate—Diversity and complexity of understory development.Forested understory of existing deciduous understory vegetation will increase. areas have shrub understory that is forest. largely Himalayan blackberry. Storage capacity Moderate—Wetland has capacity to Excavate fill to re-establish Moderate—Newly created wetlands will store additional water. forest/scrub-shrub wetlands. increase storage capacity. . — _ _ Area seasonally inundated Low—Only small portion of Excavate historic fill expanding Moderate—Additional wetlands onsite will wetlands onsite have seasonal wetland area onsite and provide substantial new area of seasonal inundation providing additional areas with inundation. seasonal inundation. HYDROLOGIC FUNCTIONS ATTRIBUTES _ _ _ --- StOrage CapaClty Moderate—Wetland has capacity to Excavate fill to re-establish Moderate—Newly created wetlands will store additional water. farest/scrub-shrub wetlands. increase storage capacity. _ _— _ _— —.. --. _—_. --. _— Size ratio of wetland to Moderate to High—Wetland Excavate fill to re-establish Moderate to HiEh—The wetland area will be basin represents approximately 15 percent forest/scrub-shrub wetlands. increased,but that increase is relatively small of sub-basin drainage area. compared to the sub-basin drainage area. — -- —. _—. __ _ Cover by woody vegetation Varies from Low to HiEh—Woody Plant native trees and shrubs Hi�h—Overall cover by woody vegetation vegetation covers approximately 83 will increase. percent of the wetlands in Unit C. _— _ - HABITAT FUNCTIONS ATTRIBUTES _ —_ —_ _ Buffer condition Moderate—Buffers are greater than Plant native trees and shrubs Moderate—Plantings will improve buffer 100 meters for 50%of wetland. within a 40-foot buffer screen condition. along Oakesdale Ave. SW and portion of BNSF property to the south. ' _ __ _—_ _ . Canopy closure Varies from Low to High—Woody Plant native trees and shrubs. High—Overall canopy closure by woody vegetation covers approximately 83 vegetation will increase. percent of the wetlands in Unit C. - _ _ _ Number of vegetation strata Moderate—Three strata present Plant native trees and shrubs. Moderate—Tree and shrub strata will (tree,shrub,and herb). Under-plant native coniferous develop within the wetland re-establishment trees in deciduous farest. and reed canarygrass removal areas. Conifers under-planted in deciduous farest will contribute to near-term development of the sub-canopy stratum. I _ __ ___. _--- — - - __ Number of snags Varies from Low to Moderate— Install vertical snags in re- Hi�h—Number of snags will substantially Few or no snags in Wetlands C-2/C- establishment and RCG removal increase. 3;up to four classes of snags in areas. Wetland G1. NumbeT of LWD Varies from Low to Moderate— Install large woody debris and High—Number of LWD and brush piles will Little or no LWD in Wetlands C-2/C- brush piles in re-establishment substantially increase. 3,up to four classes of snags present and RCG removal areas. in Wetland C-1. -- --- Vegetation interspersion Low to Moderate—Most areas have Excavate fill and plant Hieh—Increase vegetation interspersion with low to moderate degree of forest/scrub-shrub in wetland re- structurally complex boundaries by re- interspersion establishment area; establishing,rehabilitating,and enhancing Establish forest/scrub-shrub forested and scrub-shrub wetlands. wetlands in reed canarygrass removal areas;Create mixed forest by under-planting conifers _ —. --- —.. _.--.. in deciduous forest. -- - _ _ Number of hydrologic Moderate— Re-establish new wetland area. Moderate—No change to number of regimes Three hydrologic regimes(seasonally Excavate micro-topography in hydrologic regimes,but the wetland area with saturated,occasionally inundated,and the wetland re-establishment and the various hydrologic regimes will be seasonally inundated). install planting hummocks in increased. �I reed canarygrass removal areas. Number of water depth Moderate—Two depth classes(0-8", Re-establish new wetland area. Moderate—No change to number of water Classes 8-40"). Excavate microtopography in the depth classes,but the wetland area with the wetland re-establishment area. depth classes will be increased. Species richness Moderate—From six to eight species Plant up to ten additional native HiEh—Native species richness will increase present,depending on area.No wetland tree and shrub species. as a result of plantings. conifPrs are present. Area seasonally inundated Low—Only small portion of Excavate historic fill expanding Moderate—Additional wetlands onsite will wetlands onsite have seasonal wetland area onsite and provide substantial new area of seasonal inundation providing additional areas with inundation. � seasonal inundation. - - _ _ - — Mature woody vegetation Moderate—Areas of mature woody Retain existing mature woody Hi�h—Plantings will provide more mature vegetation are present. vegetation.Plant native trees and woody vegetation as the site becomes shrubs throughout. established. Chapter 2 August 2006 Establishment of the Bank Page 2-23 FINAL Sarin�brook Creek Wetland and Habitat Miti�ation Bank Instrument Table 2-5. Existing and Proposed Function Attributes for Springbrook Bank, Unit D (Depressional) � WATER QUALITY IMPROVEMENT FUNCTION ATTRIBUTES � � Function Attribute � Existing Condition rMiti�ation Work �Proposed Condition { - - - -- - - - - - _ l Vegetation classes Moderate—Three vegetation classes Create mixed forest by under- Moderate to Hi�h—Increased number of present(deciduous forest,scrub- planting coniferous trees in vegetation classes and improved composition shrub,and emergent). deciduous forest. (deciduous forest,mixed forest,scrub-shrub, and emergent). Under-planting conifers will create mixed farest. Understory vegetation Low—Limited understory Plant native conifers in the Moderate—Diversity and complexity of development understory of existing deciduous understory vegetation will increase. _ __ forest. _ _ __ __ — -- _ _. Storage capacity Moderate—Wetlands onsite store No act�on planned to increase Moderate—No change anticipated. � water. stora,�e capacity. � Area seasonally inundated Moderate—Wetlands onsite have Add additional water from 43�d Moderate—Additional water may increase seasonal inundation St.grade separation project. seasonal inundation HYDROLOGIC FUNCTIONS ATTRIBUTES I -- - - i _- _ _ __ Storage capacity Moderate—Wetland has capacity to � No action planned. r Moderate—No change. _ _ store stormwater. I I Size ratlo of wetland to Moderate —Wetland represents No action planned. Moderate—No change. � basin approximately 5 percent of the sub- basin drainage area Cover by woody vegetation Moderate—Woody vegetation Under-plant native coniferous Moderate—No change to percentage of covers approximately 60 percent of trees in deciduous forest. woody vegetation,but composition will the wetland in Unit D. improve. � HABITAT FUNCTIONS ATTRIBUTES - - - - - -- - - — - -_ __ _ _ I Buffer condition Low—Buffers are narrow and No action planned. � Low—No change. disturbed. _ _ _ — —. —.. — —. _ . _— _ _ Canopy closure Moderate—Woody vegetation Under-plant native coniferous Moderate—No change in canopy closure,but covers approximately 60 percent of trees in deciduous forest. composition will improve. the wetland in Unit D. — —_ —. —. — — — — — Number of vegetation strata Moderate—Three strata present Under-plant native coniferous Moderate—Conifers under-planted in (tree,shrub,and herb). trees in deciduous forest. deciduous forest will contribute to near-term development of the sub-canopy stratum. __ _ — _ — _ . _— _ -- Number of snags I Low—Few snags in Unit D. I No action planned. I Low—No change. Number of LWD Low—Little LWD in Unit D. Install brush piles in the wetland Moderate—Brush piles will increase the enhancement area. amount of downed wood. Vegetation interspersion Low—Unit D has low degree of No action planned. Low—No change. interspersion. l -- — — _ _ _ __ _ Number of hydrologic Moderate—Three hydrologic Supplement hydrology with Moderate—Hydroperiod may be extended. regimeS regimes(seasonally saturated, surface water from 180`"Street occasionally inundated,and grade separation project. seasonally inundated). Number of water depth Moderate—Two depth classes(0-8", Supplement hydrology with Moderate—No increase to the number of Classes 8-40")• surface water from 180`h St. depth classes,but the hydroperiod may be grade separation proiect. extended. Species richness High—Fifteen species present in Unit Plant three native coniferous tree Hi�h—Native species richness will improve D. No conifers are present. species to increase native plant as a result of plantings. diversity. — -- — -- — — -- _ Area seasonally inundated Moderate—Wetlands onsite have Add additional water from 180`h Moderate—Additional water may increase seasonal inundation Street grade separation project. seasonal inundation. � — — - — _— — — — __ --- — - - — -- Mature woody vegetation Moderate—Areas of mature woody Retain existing mature woody Moderate—Conifer plantings will provide vegetation are present. vegetation. Under-plant native mature woody vegetation over time. coniferous trees in deciduous forest. � Chapter 2 August 2006 Establishment of the Bank Page 2-24 r FINAL Springbrook Creek Wetland and Habitat Miti�ation Bank Instrument Table 2-6. Existing and Proposed Function Attributes for Springbrook Bank, Unit E (Riverine) WATER QUALITY IMPROVEMENT FUNCTION ATTRIBUTES Function Attribute Existin� Condition Mitigation Work Proposed Condition Vegetation classes Low-No wetlands are present in Excavate fill and plant native Moderate-The re-established wetlands will Unit E. The riparian uplands include trees and shrubs in wetland re- include two vegetation classes(deciduous three vegetation classes(deciduous establishment area; forest and scrub-shrub). Under-planting forest,scrub-shrub,and emergent). Plant native trees and shrubs in conifers will create mixed upland forest. riparian enhancement area; Create mixed farest by under- planting coniferous trees in __ —_.... —. — upland deciduous forest. _ ---. Understory vegetation Low-Limited understory Plant native trees and shrubs, Moderate-Diversity and complexity of development. including conifers in the understory vegetation will increase. understory of existing upland deciduous forest. Width ratio of wetland to Low-No wetlands are present in Excavate fill and plant native HiQh-The re-established floodplain wetland Stream Unit E. trees and shrubs in wetland re- area will be approximately 45 meters wide establishment area. and connected to Springbrook Creek. HYDROLOGIC FUNCTIONS ATTRIBUTES Storage capacity Low-No wetlands are present in Excavate fill to re-establish new High-Re-established wetlands will increase ' Unit E. wetland and connect to storage capacity onsite. __ Springbrook Creek. _ -- - -.---. _ _ _ Size ratio of wetland to Low-No wetlands are present in Excavate fill to re-establish new Low-Eight acres of wetlands will be re- basln Unit E. wetland and connect to established. This represents a small portion of SprinQbrook Creek. total basin area. _ - — -- _. Ratio of wetland to stream Low-No wetlands are present in Excavate fill to re-establish new HiEh-Re-established wetland will extend the Unit E. wetland and connect to length of stream within Unit E. Springbrook Creek. Cover by woody vegetation Low-Uplands in Unit E have Plant native trees and shrubs. Hi�h-Overall cover by woody vegetation ' approximately 40 percent cover of will increase. woody vegetation. HABITAT FUNCTIONS ATTRIBUTES Buffer condition Moderate-The riparian buffer is Plant 40-foot buffer screen along Moderate-Plantings will improve buffer j more than 50 meters wide and is Oakesdale Ave. SW and condition. 'i disturbed by off-road vehicles. northern edge with native trees ' and shrubs.Plant native trees and shrubs in riparian enhancement area. � Cano Closure oVet' Low-U lands in Unit E have Plant native trees and shrubs. Moderate-Overall cano py — P py closure by woody '' wetlands approximately 40 percent cover of vegetation will increase. ' woody vegetation. ' Canopy closure over stream Moderate-The majority of the Plant additional native trees and High-Gaps in canopy closure over the stream has mature woody vegetation. shrubs in riparian areas. stream be planted with trees and shrubs ' - -- - - increasing canopy closure. Number of vegetation strata Low-No wetlands are present in Plant native trees and shrubs. HiEh-Tree and shrub strata will develop Unit E. within the wetland re-establishment area. Conifers under-planted in upland deciduous forest will contribute to near-term ' _-... development of the sub-canopy stratum. ' Number of snags Low-No snags in Unit E. Install vertical snags in re- Hi�h-Number of snags will substantially establishment areas. increase. - .- _ - —. _ -_.. Number of LWD Low-No LWD in Unit E. Install large woody debris and High-Number of LWD and brush piles will brush piles in re-establishment substantially increase. and portions of the riparian area. Vegetation interspersion Low-Unit E has a low degree of Excavate fill and plant native I High-Increase vegetation interspersion with vegetation interspersion. trees and shrubs in wetland re- structurally complex boundaries by re- establishment area; establishing forested and scrub-shrub Plant native trees and shrubs in wetlands,and enhancing riparian uplands. riparian enhancement area; , Create mixed forest by under- � planting coniferous trees in upland deciduous forest. Number of hydrologic Low-No wetland hydrology is Excavate fill to re-establish new Hi�h-Wetlands will be re-established with regimes present in Unit E. wetland area.Excavate micro- four hydrologic regimes(intermittently ', topography in the wetland re- flooded,temporarily flooded,seasonally I establishment area. flooded,and semi-permanently flooded). ', Number of water depth Low-No inundation areas are Excavate fill to re-establish new HiEh-Wetlands will be re-established with 2 Classes present in Unit E. wetland area.Excavate micro- water depth classes(0-8", 8-40"). ', topography in the wetland re- establishment area. Species richness Low-No wetlands are present in Plant ten wetland native tree and HiEh-Native species richness will � Unit E. shn:b species,and eleven upland I substantially increase as result ofplantings. � native tree and shrub species. I Mature woody vegetation Moderate-Mature woody Retain existing mature woody HiEh-Plantings will provide more mature vegetation present over small area. vegetation. Plant native trees and woody vegetation as the site becomes shrubs throughout. established. � Chapter 2 August 2006 Establishment of the Bank Page 2-25 r �. ��r.. �: �� .a ., . _ . „ ,.-.Cr e:. ``i' . . . ! 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H , I J W H '0�'"OHw-- ORDINARY HIGH WATER MpRK � � � �� , �. � Q � _ PROPOSED CONTOURS I ; ' �� o a ___2a_� EXISTING CONTOURS o eo �6o Units A and B Grading Plan SCALE tN FEET Figure 2-10 E%ISTING METLdND BOUNDARY Springbrook Creek Wetlond and Hobitat Mitigation Ban: UNIT C � � , y i � c— -ti —--- � �'��-�� i4_\ �. i � -------e-------- ,.�.�- \ _-_-:,�Q � � � �� --�. � i '� I i ,\`. N � p ,\ // �' �Y� �. , 3 �� , �`\\� ,\ ' .�.., `' � '�I,�I �. � ,\ � ' I I 7 i � ��. � � IE � '' � � � , � , , � J �., � � '�_� , _ i � , � , � �� '�'� � � �R —�. 20 �+r > ,� ' '�� ` / � I : : I .. l, I, � s-" 'e �� . �\.\ /` a so {(��oo` � ��. 0 80 160 I . � �' � �.�R '\,a � � � � . t5 SCALE IN iEE7,! � _. S C A L E I N F E E T � � � r f - - - - — _ y---e--�-•. �,� ♦ �: \ �� .— '... 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I �\ 0 e •lIl W H la I W H � � o a ,' Unit D Grading Plan ,' Figure 2-12 Springbrook Creek Wetland and Habitot Mitigation Bonk i � � ;-; �" UNIT E , � _ ., . �s=_'tti3 Master Plant Materials List (same as Table 2.1) Wetland Tree/Shrub#1 wetter Ri arian U land Plantin s Oregon ash (Fraxinus latifolia) Big-leaf maple(Acer macrophyllum) Black twinberry(Lonicera involucrata) Red alder(A/nus rubra) Pacific ninebark(Physocarpus capifatus) Sitka spruce(Picea sitchensis) Black cottonwood (Populus balsamifera) I Douglas-fir(Pseudotsuga menziesii) Nootka rose(Rosa nutkana) Scouler's willow(Salix scouleriana) Sitka willow(Salix sitchensis Snowberr S m horicar os albus Wetland Tree/Shrub#2 wettest U land Plantin s Red-osier dogwood (Cornus sericea) Big-leaf maple (Acer macrophyllum) Oregon ash (Fraxinus latifolia) Serviceberry(Amelanchier alnifolia) I Peafruit wild rose(Rosa pisocarpa) Beaked hazel (Corylus cornuta) Pacific willow(Salix lucida) Oceanspray(Holodiscus discolor) Sitka willow(Salix sitchensis) I Douglas-fir(Pseudotsuqa menziesii) Snowber S m horicarpos albus Wetland Tree/Shrub#3 wet Hummock Plantin s Red-osier dogwood (Cornus sericea) Oregon ash (Fraxinus latifolia) Sitka spruce (Picea sitchensis) Pacific ninebark(Physocarpus capitatus) IBlack cottonwood (Populus balsamifera) I Sitka spruce(Picea sitchensis) Nootka rose(Rosa nutkana) Black cottonwood (Populus balsamifera) Scouler's willow(Salix scouleriana) Western red cedar (Thuja plicata) Western red cedar Thu'a licata Wetland Forest Under-Plantings Sitka spruce (Picea sitchensis) IWestern red cedar(Thuja plicata) Western hemlock(Tsuga heterophylla) 1 ;tx ;: _ �_. --+- �.ow�— � � � = UNIT B UNIT A � �� ` �'_' � :. w� - --------- --- -- - __ — . . ; ° -- -- -- $M 2TTH 5 � - .A --... .�m �- ce� �_�or�ab. .�Fr.: . . �r: . opU � '^„--. _ _. .. t e T. ..�.,- � 000 `r„� =' . . +`� ._ �ao� ' - x �,,c� .._ � " __' ._ �_ . , . . . , , - :4, . �.. � _ ._. ._. . . 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SPUR �e I !� � � RIPARIAN UPL4ND PLANTING 1 ( •�C `�' � WETLAND FOREST UNDER-PLANTING N � N i : ' '_ � ;O U i � UPL4N�PL4NTING I d ""N � i •.\ � I W c O m � I f M.--� I \ � I I e •l!1 W F- � � ~ � ' Unit E Planting Plan �', �--� Q J l� H 0 d I � I Figure 2-17 � Springbrook Creek Wetlond and Habitat Mitigation Bank FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 3.0 PROJECT GOAL, OBJECTIVES, AND PERFORMANCE STANDARDS 31 GOAL The goal of the Springbrook Bank is to increase wetland area and encourage improved hydrologic, water quality, and habitat functions while facilitating environmental education opportunities. 3.2 ECOLOGICAL OBJECTIVES 1. Increase wetland area at Springbrook Bank by removing fill material in Units A, B, C, and E to re-establish wetland functions on 17.79 acres. 2. Improve hydrologic functions by increasing wetland area and flood storage capacity in Units A, B, C, and E; extending wetland hydroperiod in Units A, B, C, and D; increasing the connectivity of wetlands in Units A, B, and E to Springbrook Creek; and increasing cover of woody vegetation in portions of all units. 3. Improve water quality functions by increasing wetland acreage; adding additional vegetation classes; increasing the connectivity of wetlands in Units A, B, and E to Springbrook Creek; and increasing the ratio of wetland to stream width in Unit E. 4. Improve habitat functions by increasing; the number of vegetation strata; the number of water depth classes; the number of vertical snags, brush piles, and large woody debris (LWD); canopy closure over the wetlands and in riparian areas; the number of hydrologic regimes; the number of native plant species; the number of plant assemblages; vegetation class interspersion; improve buffer condition; increase the diversity of plant communities in areas currently dominated by reed canarygrass and Himalayan blackberry; and connect new wetland areas in Unit E to Springbrook Creek. 5. Improve floodplain and riparian function by re-establishing hydrologic connectivity ro Springbrook Creek and increasing woody cover directly adjacent to the creek in Units A, B, and E. 3.3 PERFORMANCE STANDARDS The performance standards described below provide benchmarks for measuring achievement of the goal and objectives of the Springbrook Bank. Mitigation activities are intended to meet these performance standards within a specified time frame. The performance standards are based on function attributes described in Method for Assessing Wetland Fa�nctions (Hruby et al. 1999). These function-based performance standards correlate design, monitoring, and demonstrated improvements in site conditions. Methods to monitor each performance standard are described in general terms. A detailed monitoring plan is included in Appendix A. The performance standards, monitoring methods, related objectives, functions, and function attributes are summarized in Tables 3-1 through 3-4. Recreational, educational, and scientific activities that do not conflict with the use limitations or other provisions of the conservation easement, do not interfere with the delineation purposes and goals of the bank, and do not adversely affect the ecological viability and functionality of tlle bank may take place on the bank site. Chapter 3 August 2006 Project Goal,Objectives,and Perfonnance Standards Page 3-1 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Gradin�/Hvdrolo�ic Performance Standards The grading/hydrologic performance standards help to document and verify that wetland area and ground elevations are established according to the criteria specified during the design. These performance standards directly relate to Ecological Objectives 1, 2, 3, and 4. The related functions are water quality, hydrologic, and habitat. Delineating the Wetland Re-Establishment areas at Springbrook Bank will demonstrate that wetland area has increased. After construction, ground elevations will be surveyed and documented on As-Built drawings, demonstrating that site grading has achieved the design elevations necessary to establish wetland conditions and provide intended functions. Delineating wetland area will demonstrate an increase in the related attributes: wetland area, wetland width relative to Springbrook Creek, and wetland size relative to the basin. Increasing wetland area relative to Springbrook Creek and its basin provides a larger area for floodwaters to be stored and treated by vegetation and soils. Documenting hydrology in the early growing season within the Wetland Re-Establishment areas will document that the hydrologic conditions ��, required to establish wetlands in these areas is being provided. Documenting accurate ground elevations in As-Built drawings for Units C and E demonstrates � an increase in the related attributes of flood storage capacity and the number of hydrologic regimes. Lowering ground elevations increases storage capacity and creating microtopography slows floodwaters, which reduces erosion and encourages sediment deposition. Creating � multiple hydrologic regimes establishes habitat niches that can be used by wildlife. Monitoring '� hydrology in the Wetland Re-Establishment areas will demonstrate that these areas have adequate hydrology for wetland development. Monitoring hydrology in Units A and B will demonstrate the improved connectivity between Springbrook Creek and the adjacent wetlands � and the change in HGM class from depressional to riverine of the wetlands behind the existing berms. Ve�etation Performance Standards The woody vegetation performance standards directly relate to Ecological Objectives 2, 3, 4 and 5. The related functions are water quality, hydrologic, habitat, and riparian/floodplain. Measuring woody vegetation will demonstrate the increase in the related attributes: vegetation classes; cover by woody vegetation; canopy closure; and number of vegetation strata. Woody vegetation provides surface roughness to slow floodwaters, which reduces erosion and encourages sediment deposition. Establishing canopy closure and increasing the number of vegetation strata will provide habitat structure and increase uptake of nutrients introduced to the site by Springbrook Creek. Establishing woody vegetation in the riparian areas in Units A, B, and E will replace a reed canarygrass monoculture and increase shading of the active stream channel. Converting reed canarygrass areas in Units A and B to native woody plant communities will increase species and structural diversity in areas currently dominated by non-native invasive plant species. Ensuring that a diverse plant community develops in re-established wetlands and areas currently dominated by invasive species will demonstrate the increased habitat value at the sites. Reducing the cover of Himalayan blackberry and actively managing high priority invasive species will allow native plant communities to become established providing habitat for other native species. Chapter 3 August 2006 Project Goal,Objectives,and Performance Standards Page 3-2 FINA L Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Woodv Habitat Structures Performance Standards The woody habitat structures performance standards verify that habitat structures have been installed at Springbrook Bank. These performance standards are associated with Ecological Objective 4. Vertical snags, brush piles, and LWD provide habitat by creating niches far wildlife. Measuring habitat structures will demonstrate an increase in the related attributes: vertical snags, brush piles, and LWD. 3.4 REMEDIAL ACTION The remedial action requirements listed below will apply in the event of failure to achieve the performance standards listed in Tables 3-1 through 3-4, or failure to comply with any other requirement of this Instrument WSDOT, in consultation with the City, will propose remedial activities to correct any issues encountered during the establishment phase of the Bank (see Section 3.5 for maintenance activities that do not need BOC approval). If the monitoring reports or inspection by representatives of the BOC agencies indicate persistent failure to achieve and maintain the prescribed performance standards, WSDOT will propose adaptive management actions to correct the shortcomings. The BOC agencies may also unilaterally direct adaptive management actions, following consultation with WSDOT and the City, if the BOC agencies identify a need for corrective action and no adaptive management plan acceptable to the BOC has been submitted within a reasonable period of time. Any adaptive management plan will specify the nature of further examination of areas for potential causes of failure and/or corrective activities to be conducted, the schedule of completion for those activities, and a monitoring plan for assessing the effectiveness of the corrective action. The objective of the adaptive management plan will be to attain the originally prescribed performance standards, unless the BOC expressly establishes replacement performance standards, following consultation with the City and WSDOT, in light of circumstances and conditions observed at the site. The Sponsors will also implement all appropriate mitigation that the BOC determines is necessary to compensate for those authorized impacts to the aquatic environment that have not been successfully redressed by the Bank pursuant to the requirements of this Agreement. If WSDOT proposes to institute replacement performance standards, WSDOT may not initiate activities designed to achieve those replacement standards until those performance standards are approved by the Corps and Ecology following consultation with the other BOC members. During the period that a specific perfortnance standard of the Bank is out of compliance, the BOC may direct that credits generated by that Bank performance standard may not be sold, used, or otherwise transferred. If remedial actions taken by WSDOT under the provisions of the preceding paragraph do not bring that performance standard of the Bank into compliance with the requirements of this Agreement, including any approved changes to the Agreement, WSDOT may provide written notice of their intent to discontinue efforts to achieve one or more performance standards of the Bank. Upon providing such notice, no additional credits may be established for that performance standard, but at the discretion of the BOC, the Sponsors may be released from future maintenance and monitoring obligations for that performance standard provided that releasing the Sponsors from those obligations does not adversely affect the remainder of the Bank, or affect credits already sold, used, or transferred to date. If the BOC approves such a release from the Sponsors' obligations, and subsequent Bank conditions cause previously satisfied Chapter 3 August 2006 Project Goal,Objectives,and Performance Standards Page 3-3 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument performance standards to not be met, any previously awarded credits not yet sold, used, or transferred for that performance standard that is no longer met shall be removed from the Bank ledger, and any credits already sold, used, or transferred for that performance standard will be replaced with unsold, unused, and untransferred credits. If there are insufficient unsold, unused, and untransferred credits to replace those removed credits, the Sponsors shall implement other appropriate compensatory mitigation approved by the Corps and Ecology, following consultation with the other BOC members. � If the Sponsors fail to comply with the provisions of this Agreement as specified in Article IV.J., � under the circumstances described in Article N.J. the BOC may terminate this Agreement. 3.5 MAINTENANCE DURING THE ESTABLISHMENT PHASE General maintenance will be performed throughout the year to address conditions that may limit the success of the Bank and attainment of performance standards and objectives. WSDOT is � responsible for all site maintenance activities throughout the establishment phase of the Bank. � Maintenance activities will include, but are not limited to, vegetative maintenance (including replanting, repair of any areas subject to erosion, weed control around plantings, mowing, control of invasive species, control and discouragement of voles, beaver and deer foraging on � plants) and general maintenance (including fence repair, road and trail maintenance as necessary, clean-out of culverts, monitoring of the water control structures, and clean-up of trash). The �' routine activities listed above may be conducted without approvals by the BOC provided that � they are consistent with the MBI. Management and maintenance activities requiring a departure from the MBI shall require prior approval by the BOC as stated in Article VI.B.2. ; � Chapter 3 August 2006 Project Goal,Objectives,and Performance Standards Page 3-4 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 3-1. Summary of Performance Standards,Monitoring Methods,Related Objectives,Functions and Values,and Function Attributes(Riverine)For Units A and B Units A and B Performance Standards Monitoring TaskslMethods Related Functions and Function Attributes from Hruby Objectives Values* et al.(1999) ** GradinglHydrology _. — _ _ _ __ _ _ AIB-1.As-Built drawings will document that site After construction is completetl,As-Built drawings 1,2,3,4,5 Wetland Area Wetlantl Area. grading and planting has been completed as will be submitted to document the completion and Hydrologic Width of wetland to stream. shown on the Unit A and B plans. accuracy of grading work.Monitoring will confirm Water Quality conditions depicted in the As-Built drawinqs. Habitat AIB-2A. In Year 3,soils will be saturated to the Hydrology will be verified by visual inspection of surface,or standing water will be present 12 multiple hand-tlug pits conducted during multiple inches below the surface or less for at least 10% site visits in the early growing season.Site visits of the growing season.*"*The extent of over-bank during the wet season to correlate crest gages flootling from Springbrook Creek during late winter with the upstream USGS gage station,automated andlor early spring storm-events(January through monitoring equipment,or other appropriate March)will also be documented in Units A and B. method will be used to document the extent of over-bank floodinq in Units A antl B. AIB-26. In Years 3,5,and 10, no more than 10%of During the summer formal monitoring visit visual the sites will be un-vegetated and permanently observations or another appropriate method will inundated based on observations made during the be used to determine the amount of the site that summer monitoring visit. exists as permanently inundated un-vegetated open water. Use current aerial photos,if available. A/B-2C. In Years 5 and 10,at least 0.12 acre of Wetland contlitions will be demonstrated by ' wetlantl will be present in the Wetland wetland delineation,performed according to the Re-Establishment areas(bottom of the berm 1987 Corps of Engineers Wetland Delineation breaches)of Units A and B.Also,a separate Manual and the 1997 Washington State Wetland wetland delineation will be done to verify that Identification Manual, by a qualified WSDOT mitigation actions have not reduced the extent of biologist in Years 5 and 10. existing wetlands in Units A and B. Vegetation AIB-3A. In Year 1,the Wetland Tree/Shrub planting In Years 1 and 3,determine density of living stems 2,3,4 Hydrologic � Number of vegetation classes. areas will each have at least 2,000 stems of living per acre using randomly placed unequal-area belt Water Quality Cover by woody vegetation. native woody vegetation per acre. transects as described by Stehman and Salzer Habitat Canopy closure over wetland. AIB-3B. In Year 1,the Upland and Riparian Upland (2000)or other statistically appropriate method. Canopy closure over stream. planting areas will each have at least 1,200 stems Number of vegetation strata. of living native woody vegetation per acre. Number of native plant species. A/B-4. In Year 3,the Wetland Tree/Shrub planting Number of plant assemblages. areas will each have at least 2,000 stems of living Buffer condition. native woody vegetation per acre. Mature woody vegetation. AIB-5A. In Year 5,native woody vegetation within In Years 5,7,and 10,determine woody cover by the Wetland TreelShrub planting areas will species in the Wetland TreelShrub, Riparian provide at least 50%aerial cover. Upland,and Upland planting areas using AIB-5B. In Year 5,at least 3 native woody species randomly placed sample units and line intercept will provide at least 5%aerial cover each within method as described in Elzinga et al.(1998)or the Wetland TreelShrub plantinq areas. other statistically appropriate method. A/B-5C. In Year 5,native woody vegetation within the Upland and Riparian Upland planting areas � will provide at least 30%aerial cover. AIB-5D. In Year 5,at least 3 native woody species will provide at least 3%aerial cover each within the Upland and Riparian Upland planting areas. AIB-6. In Year 7,native woody vegetation within the Wetland TreelShrub planting areas will provide at least 60%aerial cover. AIB-7A. In Year 10,native woody vegetation within Wetland TreelShrub planting areas will provide at least 75%aerial cover. AIB-76. In Year 10,at least 2 native woody species will provide at least 10%aerial cover each within the Wetland TreelShrub planting areas. AIB-7C. In Year 10,native woody vegetation within the Upland and Riparian Upland planting areas will provide at least 50%aerial cover. A/B-7D. In Year 10,at least 2 native woody species will provide at least 7%aerial cover each within the Upland and Riparian Upland planting areas. AIB-8. In Years 5 and 10,planting hummocks In Years 5 and 10,each planting hummock will be located within the Wetland TreelShrub planting visited to verify that one living native tree is areas will have at least one living native tree. present per hummock. AIB-9. In Years 5 and 10,Himalayan blackberry will In Years 5 and 10,determine r.over of Himalayan not cover more than 20%of the buffers and blackberry on the buffers and riparian areas at the riparian areas at the site. In Years 1 through 10, site using randomly placed sample units antl line remove all Japanese knotweed,English ivy,antl or point intercept method as described in Elzinga purple loosestrife identifietl within Units A and B. et al.(1998)or other statistically appropriate method.Annual visual inspections of the site will ' locate target species and they will be removed annually. - — -- _. _._ Woody Habitat Structures _ __ _ __ AIB-10. In Year 1,at least 35 woody habitat The number of habitat structures(vertical snags, 4 Habitat LWD. structures(vertical snags,brush piles,andl or brush piles,and LWD)will be counted and Snags. LWD)will be present in Units A and B. documented in monitoring reports in Year 1. _ _ —_ . _ —_ —. -- —.. _--._ _ "See Table 2-3 for information on how the performance standards relate to functional lift in the categories listed. **Some attributes listed are not contained in WAFAM,but address variables not consitlered in the models(i.e.,wetland area,education). *'*A qualifying year must have rainfall that meets or exceeds the thirty year average as measured at SEAITAC International Airport. Chapter 3 August 2006 Project Goal,Objectives,and Performance Standards Page 3-5 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 3-2. Summary of Performance Standards,Monitoring Methods,Related Objectives,Functions and Values,and Function Attributes(Depressional)For Unit C Unit C Performance Standards Monitoring TaskslMethods Related Functions and Function Attributes from Hruby Objectives Values* et al.(1999)** GradinglHydrology _ _ _ _ _ __. _ -- _ _ _ _ C-1.As-Built drawings will document that site After construction is completed,As-Built drawings 1,2,3,4 Water Quality Wetland area. grading and planting has been completed as will be submitted to document the completion of Hydrologic Area seasonally inundated. shown on the Unit C plans. grading and planting work. Monitoring will confirm Habitat Number of water regimes. conditions depicted in the As-Built drawings. Number of water depths. ' G2A. In Year 3,soils will be saturated to the Visual inspection of multiple hand-dug pits surface,or standing water will be present 12 conducted during multiple site visits in the early inches below the surface or less for at least 10°/o growing season or other appropriate methodology. of the growing season.*** C-2B. In Years 5 and 10,at least 9.27 acres of Wetland conditions will be demonstrated by wetland will be present within the Wetland wetland delineation,performed according to the Re-Establishment area in Unit C. 1987 Corps of Engineers Wetlantl Delineation Manual and the 1997 Washington State Wetland Identification Manual, by a qualified WSDOT bioloqist in Years 5 and 10. _ _ —_ _. _ Vegetation C-3A. In Year 1,the Wetland Tree/Shrub planting In Year 1,determine tlensity of living stems per 2,3,4 Hydrologic Number of vegetation classes. areas will have at least 2,000 stems of living acre using randomly placed unequal-area belt Water Quality Cover by woody vegetation. native woody vegetation per acre. transects as tlescribed by Stehman and Salzer Habitat Canopy closure over wetland. (2000)or other statistically appropriate method. Number of vegetation strata. C-36. In Year 1,The Upland planting areas will Number of native plant species. have at least 1,200 stems of living native woody Number of plant assemblages. vegetation per acre. Vegetation class interspersion. C-3C. In Years 1,5 and 10,the Forested Wetland In Years 1,5,and 10 determine the density of Mature woody vegetation. Enhancement areas will contain at least 70 living living conifers within the Forested Wetland Buffer condition. native conifers per acre. Enhancement areas using rantlomly placed unequal-area belt transects as describetl by Stehman antl Salzer(2000)or other statistically appropriate method. C-4A. In Year 3,the Wetland Tree/Shrub planting In Year 3,determine density of living stems per areas will have at least 2,000 stems of living acre using randomly placed unequal-area belt native woody vegetation per acre. transects as described by Stehman and Salzer (2000)or other statistically appropriate method. C-4B. In Year 3,the Wetland Enhancement Type I In Year 3,determine tlensity of living conifers per areas will have at least 100 conifers per acre. acre using randomly placed unequal-area belt transects as described by Stehman and Salzer (2000)or other statistically appropriate method. C-5A. In Year 5,native woody vegetation within the In Years 5 and 7,determine woody cover by Wetland TreelShrub planting areas will provide at species in the TreelShrub planting areas,and in least 50%aerial cover. Year 5 in the Upland planting areas using C-56. In Year 5,at least 3 native woody species will rantlomly placed sample units and line intercept provide at least 5%aerial cover each within the method as described in Elzinga et al. (1998)or Wetland TreelShrub planting areas. other statistically appropriate method. C-5C. In Year 5,native woody vegetation within the Upland planting areas will provide at least 30% aerial cover. C-5D. In Year 5,at least 3 native woody species will provide at least 3%aerial cover each within the Upland planting areas. C-6A. In Year 7,native woody vegetation within the Wetland Tree/Shrub planting areas will provide at least 60%aerial cover. C-6B. In Year 7,the Wetland Enhancement Type I In Year 3,tletermine tlensity of living conifers per areas will have at least 75 conifers per acre. acre using randomly placed unequal-area belt transects as described by Stehman and Salzer (2000)or other statistically appropriate method. C-7A.In Year 10,native woody vegetation within the In Year 10,determine woody cover by species in Wetland Tree/Shrub planting areas will provide at the Wetland TreelShrub and Upland planting least 75%aerial cover. areas using randomly placed sample units and C-7B. In Year 10,at least 2 native woody species line intercept method as described in Elzinga et al. will provide at least 10%aerial cover each within �1998)or other statistically appropriate method. the Wetland TreelShrub planting areas. C-7C. In Year 10,native wootly vegetation within the Upiand piantii�g areas will provide at ieast 50%aerial cover. C-7D. In Year 10,at least 2 native wootly species will provide at least 7%aerial cover each in the Upland planting areas. C-8. In Years 5 and 10,Himalayan blackberry will In Years 5 and 10,determine cover of Himalayan not cover more than 20%of the Forested Wetland blackberry on the specified portions of the site Enhancement,Upland planting areas,and buffers using randomly placed sample units and line or at the site,and not more than 10%in the Wetland point intercept method as described in Elzinga et Re-Establishment Area. In Years 1 through 10, al.(1998)or other statistically appropriate method. remove all Japanese knotweed, English ivy,and Annual visual inspections of the site will locate purple loosestrife identified within Unit C. tarqet species and they will be removed annually. Woody Habitat Structures _ _ _ _. C-9. In Year 1,at least 50 woody habitat structures Woody habitat structures will be counted and 4 Habitat LWD. (vertical snags,brush piles,and/or LWD)will be documented in monitoring reports. Snags. present within Unit C. *See Table 2-4 for information on how the performance standards relate to functional lift in the categories listed. **Some attributes listetl are not contained in WAFAM,but address variables not consitlered in the models(i.e.,wetlantl area,education). *** A qualifying year must have rainfall that meets or exceeds the thirty year average as measured at SEA/TAC International Airport. Chapter 3 August 2006 Project Goal,Objectives,and Perfonnance Standards Page 3-6 � FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 3-3. Summary of Performance Standards,Monitoring Methods,Related Objectives,Functions and Values,and Function Attributes(Depressional)For Unit D Unit D Performance Standards Monitoring TaskslMethods Related Functions and Function Attributes from Hruby Objectives Values* et al.(1999)*'` GradinglHydrology D-1A.As-Built drawings will document that the After construction is completed,As-Built drawings 2,3 Hydrologic Area seasonally inundated. constructed conveyance pipe at the north end of will be submitted to document the completion of Water Quality Number of water regimes. Unit D has been installed and is functioning as minor grading,planting,and pipe installation work. intended and planting has been implemented per Monitoring will confirm conditions depicted in the the plan. As-Built drawings. D-1 B. In Years 3 and 7,there will be inundation In Years 3,5,7,and 10,photos will be taken on ' present in the northern portion of Unit D on the June 15th to document the presence of inundation 15�h of June. in the Northern portion of Unit D.To qualify the water year in question must be within one standard deviation of the 30-year average rainfall (or greater)as measured at SEAITAC International Airport. Vegetation D-2A. In Year 1,the Wetland TreelShrub planting In Year 1,determine the density of living native 3,4 Water Quality Number of vegetation strata. area(area disturbed by gratling and installation of woody species within the disturbed area using Habitat Number of native plant species. the conveyance pipe)will have at least 2,000 randomly placed unequal-area belt transects as Number of plant assemblages. living stems per acre. described by Stehman and Salzer(2000)or other Understory vegetation. statistically appropriate method D-2B. In Years 1,5,and 10,the Forested Wetland In Years 1,5,and 10,tletermine the density of Enhancement areas will contain at least 70 living living conifers within the Forested Wetland native conifers per acre. Enhancement areas using randomly placed unequal-area belt transects as described by Stehman and Salzer(2000)or other statistically appropriate method. D-3. In Years 5 and 10,the aerial cover of In Years 5 and 10,determine the aerial cover of Himalayan blackberry will not exceed 20%of the Himalayan blackberry on the site using randomly site. In Years 1 through 10, remove all Japanese placed sample units antl line or point intercept knotweetl,English ivy,and purple loosestrife method as described in Elzinga et al.(1998)or identified within Unit D. other statistically appropriate method.Annual visual inspections of the site will locate target species and they will be removed annually. Woody Habitat Structures _ _ __ _ _ _ _ D-4. In Year 1,at least 2 woody habitat structures Woody habitat structures will be counted and 4 Habitat Brush piles. (brush piles)will be present within Unit D. documented in monitoring reports. * See Table 2-5 for information on how the performance standards relate to functional lift in the categories listed. *"Some attributes listed are not contained in WAFAM,but address variables not considered in the models(i.e.,wetland area,etlucation). Chapter 3 � August 2006 Project Goal,Objectives,and Performance Standards Page 3-7 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 3-4. _ _ __ __ _ _ Summary of Performance Standards,Monitoring Methods,Related Objectives,Functions and Values,and Function Attributes(Riverine)For Unit E Unit E Performance Standards Monitoring Methods Related Functions and Function Attributes from Hruby Objectives Values* et al.(1999)** GradinglHydroloqy . E-1.As-Built tlrawings will document site grading After construction is completed,As-Built drawings 1,2,3,4,5 Hydrologic Flood storage capacity. and planting has been completed as shown on the will be submitted to document the completion of Water Quality Number of hydrologic regimes. Unit E plans. grading and planting work.Monitoring will confirm Habitat Wetland area. conditions depicted in the As-Built drawings. Wetland width relative to creek. E-2A. In Year 3,soils will be saturated to the Hydrology will be verified in Year 3 by visual Wetlantl size relative to basin. surface,or standing water will be present 12 inspection of multiple hand-dug pits conducted Area seasonally inundated. inches below the surface or less for at least 10% tluring multiple site visits in the early growing of the growing season.'** season. E-2B. In Years 3,5,and 10,no more than 10%of During the summer formal monitoring visit visual the sites will be un-vegetated and permanently observations or another appropriate methotl will inundated based on observations matle during the be used to determine the amount of the site that summer monitoring visit. exists as permanently inuntlated un-vegetated open water. Use current aerial photos,if available. E-2C. In Years 5 and 10,at least 8.37 acres of Wetland conditions will be demonstrated by wetland will be present within the Wetland wetland delineation,performed according to the Re-Establishment area of Unit E. 1987 Corps of Engineers Wetlantl Delineation Manual and the 1997 Washington State Wetland Identification Manual,by a qualified WSDOT bioloqist in Years 5 and 10. _ _ _.. _._. __.. ___ Vegetation __ _ __ __ _- E-3A. In Year 1,the Wetland TreelShrub planting In Year 1,determine density of living stems per 2,3,4 Hydrologic Number of vegetation classes. areas will have at least 2,000 stems of living acre using randomly placed unequal-area belt Water Quality Cover by woody vegetation. native wootly vegetation per acre. transects as described by Stehman and Salzer Habitat Canopy closure over wetland. (2000)or other statistically appropriate method. Canopy closure over stream. E-3B. In Year 1,the Upland and Riparian Upland Number of vegetation strata. planting areas will have at least 1,200 stems of Number of native plant species. living vegetation per acre. Number of plant assemblages. , Vegetation class interspersion. ' E-3C. In Years 1,5,and 10,the Forest In Years 1,5,and 10 determine the density of Mature woody vegetation. Underplanting area will have at least 70 living living conifers within the Forest Under-planting Buffer condition. conifers per acre. areas using randomly placed unequal-area belt transects as described by Stehman and Salzer (2000)or other statistically appropriate method. E-4. In Year 3,the Wetland TreelShrub planting In Year 3,determine density of living stems per areas will have at least 2,000 stems of living acre using randomly placed unequal-area belt native woody vegetation per acre. transects as described by Stehman and Salzer ' (2000)or other statistically appropriate method. E-5A.In Year 5,native wootly vegetation within the In Years 5,7 and 10,tletermine woody cover by � Wetland TreelShrub planting areas will provide at species in the Wetland TreelShrub planting areas, least 50%aerial cover. and in Years 5 and 10 in the Upland antl Riparian Upland planting areas using randomly placed E-56. In Year 5,at least 3 native woody species will sample units and line intercept method as provide at least 5%aerial cover each within the described in Elzinga et al. (1998)or other Wetland TreelShrub planting areas. statistically appropriate method. E-5C. In Year 5,native woody vegetation within the Uplantl and Riparian Upland planting areas will provide at least 30%aerial cover. E-5D. In Year 5,at least 3 native woody species will provitle at least 3%aerial cover each within the Upland and Riparian Upland planting areas. ' E-6. In Year 7,native woody vegetation within the Wetland TreelShrub planting areas will provide at least 60%aerial cover. E-7A. In Year 10,native wootly vegetation within the Wetland TreelShrub planting areas will provitle at least 75%aerial cover. E-7B. In Year 10,at least 2 native woody species will provide at least 10%aerial cover each within the Wetland TreelShrub planting areas. E-7C In Year 10,native v��oody vegetatior,;n the Upland and Riparian Upland planting areas will provide at least 50%aerial cover. E-7D. In Year 10,at least 2 native wootly species will provide at least 7%aerial cover each within the Upland and Riparian Upland planting areas. _ __ _ __ _ E-8. In Years 5 and 10,the aerial cover of In Years 5 and 10,determine the aerial cover of Himalayan blackberry will not exceed 20%of the Himalayan blackberry on the site using randomly buffers,uplands,and riparian areas on the site, placed sample units and line or point intercept and not more than 10%of the Wetland Re- method as described in Elzinga et al.(1998)or Establishment Area. In Years 1 through 10, other statistically appropriate method Annual remove all Japanese knotweed,English ivy,and visual inspections of the site will locate target purple loosestrife identified within Unit E. species and they will be removed annually. Woody Habitat Structures - — — - — -- — __ E-9. In Year 1,at least 40 wootly habitat structures Woody habitat structures will be counted and 4 Habitat LWD. (vertical snags,brush piles,andlor LWD)will be documented in monitoring reports. Snags. present in Unit E. *See Table 2-6 for information on how the performance standards relate to functional lift in the categories listed. '*Some attributes listed are not contained in WAFAM,but address variables not considered in the models(i.e.,wetland area,education). '**A qualifying year must have rainfall that meets or exceeds the thirty year average as measured at SEAITAC International Airport. Chapter 3 August 2006 Project Goal,Objectives,and Performance Standards Page 3-8 � � FINAL Sprin�brook Creek Wetland and Habitat Mitigation Bank Instrument 4.0 BANK OPERATION 4.1 CREDIT DETERMINATION Credits are the "currency" of a mitigatio�� bank. The value of credits that a mitigation bank generates equals its net ecological benefit. The 129.37-acre Springbrook Bank includes 116.82 acres that qualify for bank credit. The remaining 12.55 non-credit acres have been designated for protection setback and the Trail Zone to minimize disturbances from adjacent roads, development, and the trail through Unit A. Units D and E each have an existing 20-foot utiliry easement inside the parcel boundary that will not generate mitigation credit (see Figures 2-4 and 2-3). The 45.12 credits expected to be generated at Springbrook Bank represents the number of acres of impacts to Category II wetlands (Hruby 2004) for which the bank could be used as compensation (Table 4-1). These mitigation credits will become available as performance standards and other measures are achieved (see Tables 3-1 through 3-4 and Table 4-3). The precise number of credits actually generated by the Springbrook Bank cannot be determined until the project is constructed and the success of restoration and enhancement activities is assessed by the BOC. The final number of credits will be determined by the BOC and will be based on achievement of the performance standards. Table 4-1. Credit Potential Mitigation Treatment Acreage Ratios* Mitigation Credits'* Unit A Unit B Unit C Unit D Unit E Total Wetland Re-Establishment 17.79 1:1 0.05 0.12 9.27 -- 8.35 17.79 Wetland Rehabilitation 52.14 3:1 6.64 10.39 0.35 -- -- 17.38 '� Wetland Enhancement-Type I 4.69 4:1 -- -- 1.17 -- -- 1.17 � Wetland Enhancement-Type II 2.63 5:1 -- -- -- 0.53 -- 0.53 Forested Wetland Enhancement 25.22 5:1 -- -- 4.65 0.40 -- 5.05 Riparian Upland Enhancement 6.56 4:1 0.16 0.37 -- -- 1.11 1.64 Upland Habitat Enhancement 7.80 5:1 -- -- 1.56 -- -- 1.56 Buffer Enhancement 9.89 -- -- -- -- -- -- I -- Trail Zone 2.66 -- -- -- -- -- -- -- Totals 129.37 -- 6.85 10.88 17.00 0.93 9.46 45.12 * The ratio of acreage to credits is the number of credits established per acre of mitigation activity in first column. ** The number of mitigation credits that Springbrook Bank will generate for cach mitigation treatmcnt Each crcdit cai� compensate for the loss of a typical acre of Category I�wetland. 4.2 APPROVING PERFORMANCE STANDARDS FOR CREDIT RELEASE Springbrook Bank is expected to generate 45.12 credits that will be eligible for release as the associated performance standards are met and approved by the BOC (Tables 3-1 through 3-4), with the exception that no credits may be released until a BOC-approved Memorandum of Agreement and Instrument are signed by the Sponsors, Ecology, and the Corps, and until a BOC-approved conservation easement is placed on the property title Chapter 4 August 2006 Bank Operation Page 4-1 FINAL Sprin�brook Creek Wetland and Habitat Miti�ation Bank Instrument and properly recorded with King County. Once a credit is released, WSDOT or the City may sell, use, or transfer that credit at any time, subject to the provisions of this Agreement. Credits will be released from the bank according to Table 4-3 provided that WSDOT and the City demonstrate success in meeting the subject performance standards and are compliant with the provisions of this Agreement. To obtain release of credits associated with a particular performance standard, WSDOT and the City will provide the BOC with documentation of success, usually in the form of a scheduled monitoring report. Each monitoring report will include a letter requesting the release of the credits associated with performance standards that have been met. The Corps and Ecology agree to coordinate with the other BOC members and reach a determination on release of credits within 60 days of receipt of a request that is accompanied by all required substantial information. Upon approval from the Corps and Ecology, following consultation with the other BOC � members the credits are available for release and should be added to the ledger sheet. If Springbrook Bank is not able to meet a particular performance standard by the year indicated in table 4-3, WSDOT and the City may submit documentation of successful achievement of those perfortnance standards during a subsequent year, and the BOC will give full consideration to the release of appropriate credits for sale, use, or transfer without reduction or other penalty. The BOC may, at its discretion, release partial credit '� for partial accomplishment of a performance standard. Bank credits may be used, subject � to the approval of the regulatory agencies with jurisdiction over projects that desire to satisfy mitigation obligations through use of the Springbrook Bank, to compensate for authorized permanent or temporary impacts, as well as to resolve enforcement or permit compliance actions such as replacing previously implemented project-specific mitigation that has partially or completely failed. If the institution of an adaptive management or remedial action plan as described in Section 3.4 of this Instrument causes delay in the achievement of a performance standard, the timeline for achievement of each subsequent milestone for that performance standard will be deferred for a like interval, unless otherwise specifically approved by the Corps and Ecology following consultation of the other BOC members. The BOC, in consultation with the Sponsors, will determine what remedial actions are necessary to correct the situation pursuant to Article IV.H, and direct their performance prior to the release of any additional mitigation credits. 4.3 USE OF CREDITS Springbrook Bank credits were developed to compensate at a l:l ratio for adverse impacts (including direct loss or indirect impacts) to a Category II wetland. The number of credits required to compensate for each acre of Category I, III, or IV wetland impact will differ because wetland categories have a different level of function on a per-acre basis (see Table 4-2). Wetland categories will be determined using the Washington State Wetland Rating System for Western Washington (Hruby 2004). The following table depicts the number of Bank credits that will be required for most projects to compensate far each unit of pertnanent loss of wetland based on category of impacted wetland. In specific cases, such as when the functions of the impacted wetlands Chapter 4 August 2006 Bank Operation Page 4-2 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument are rare or difficult to replace, the ratios may be raised by Ecology and the Corps in consultation with the BOC. Conversely, the ratios may be lowered in instances where functions of the impacted wetlands have previously been severely degraded or when project impacts are indirect and cause only partial loss of functions to a wetland. Project proponents requesting to use the bank to satisfy compensatory mitigation requirements should consult early in the permitting process with the resource agencies with jurisdiction to confirm whether the credit debit ratios in the table are acceptable for their project. Again, the ratios within the table are intended to be broadly applied for typical project impacts. Table 4-2. Credits Required for Wetland Impacts �ategory of Impacted Wetland I Credit Required per Impact Acre� I Case-by-Case II 1.0 I I I 0.85 IV 0.70 For example, if a proposed project would impact 3 acres of Category II wetland, 3 credits would be withdrawn from the bank to compensate for that impact. If a proposed project would impact 3 acres of Category III, 2.55 credits would be withdrawn. Credits may potentially be used as compensation for impacts to non-wetland waters of the U.S. with specific approval of the agencies with jurisdictional authority over the project. Credits required per impact acre would be determined on a per-project basis due to the variability of non-wetland areas. An applicant seeking a permit for a project with adverse impacts to the aquatic environment within the service area must generally obtain the approval of each regulatory agency with jurisdiction over that project, in order to use the Bank as a source of compensatory mitigation. To receive approval to use the Bank, the applicant must demonstrate to the satisfaction of the pertinent regulatory agencies that the project complies with all applicable requirements pertaining to alternatives and mitigation sequencing and that purchasing credits from the Bank for compensatory mitigation would be in the best interest of the environment. Specifically, a permit applicant must generally be able to demonstrate to the satisfaction of the involved regulatory agencies that: 1. There is no practicable alternative to adversely impacting the water body, critical area, buffer, or other regulated area. 2. All appropriate and practicable measures to minimize adverse impacts to the aquatic ecosystem have been considered and included in the project. 3. All appropriate and practical on-site compensatory mitigation for unavoidable adverse impacts is included in the project. Other types of credit uses may include, but are not necessarily limited to, transfers made that are not associated with any one particular project or impact (i.e., "good will" transfers), transfers to natural resource stewards resulting from expenditures from in-lieu- fees, or similar type funds; and credit sales made for the purpose of brokerage. Chapter 4 August 2006 � Bank Operation Page 4-3 F1NAL Springbrook Creek Wetland and Habitat Miti�ation Bank Instrument WSDOT and the City reserve the right to develop mitigation credits as compensation for impacts to flood storage and wetland and/or riparian buffer at Springbrook Bank with no effect on the value or number of credits established by this Instrument, provided that the generation of such credits will not conflict with the provisions of this Instrument. Prior to proposing to utilize the Springbrook Creek Bank credits for fish habitat impacts, � the following criteria will be assessed to determine a project's eligibility: 1. Project impacts to stream bed and bank, or riparian areas must be adjacent to Springbrook Creek or its tributaries. 2. All on-site mitigation opportunities have been exhausted. 4.3.1 Credit Release Flexibility Credits may not be released sooner than specified in Table 4-3, except in extraordinary situations with the written approval of the Corps and Ecology, in consultation with the other members of the BOC. If exceptional circumstances unforeseen during the � development and implementation of Springbrook Bank arise such that the public interest would be better served by earlier than scheduled release of credits from the bank, the City and WSDOT may request the BOC approve a modification in the Credit Release Schedule (Table 4-3). In such a circumstance, the Sponsors must submit a written request that clearly explains the nature of the exceptional circumstances and demonstrates how the requested change in the credit release schedule would serve the public interest. If the BOC concurs that the early release of credits would serve the public interest and not violate existing mitigation banking rules and regulations, then they may approve the request. This approval will become a part of the Instrument, pursuant to Article VI.B.2. of the Agreement. Chapter 4 August 2006 Bank Operation Page 4-4 FINAL DRAFT Sprin�brook Creek Wetland and Habitat Miti�ation Bank Instrument Table 4-3. Credit Release Schedule for Sprinqbrook Bank IPerformance Standard � Number of Credits to be Released By Year j I I 0* I 1 I 3 � 5 I 7 I 10 � Total � �Administrative Measures (10% of total) �Sign MBI, MOA, antl Conservation Easement II 4.5 � � � I � � � 4.5 - _ _ _ � __ _ Grading/Hydrology(31% of total) �AIB-1.As-Built drawings will document that site grading and planting has been completed as shown on the Unit A and B plans. J I �•5 � � � � � � �.5 I AIB-2A. In Year 3,soils will be saturatetl to the surface,or standing water will be present 12 inches below the surface or less for at least � 0.25 025 10%of the growing season."The extent of over-bank flooding from Springbrook Creek during late winter and/or early spring storm-events (January through March)will also be documented in Units A and B. - - - __ -_ _ . AIB-2B. In Years 3,5,and 10, no more than 10%of the sites will be un-vegetated and permanently inundated based on observations made I 0.25 0.25 0.1 0.6 tluring the summer monitorinq visit. _ _ - - __ AIB-2C. In Years 5 and 10,at least 0.12 acre of wetlantl will be present in the Wetland Re-Establishment areas of Units A and B. A I � 0.1 I 0.1 0.2 separate wetland delineation will be done to verify that mitiqation actions have not reduced the extent of existinq wetlands in Units A and B. --- -.. -_ - _-_ - - �C-1.As-Built drawings will document that site grading and planting has been completed as shown on the Unit C plans. � � 2•5� � � � � � 2.5 � - - -_ _- - C-2A. In Year 3,soils will be saturated to the surface,or standing water will be present 12 inches below the surface or less for at least 10% I 1 I 1 of the growinq season.*' - - - - �C-26. In Years 5 and 10,at least 9.27 acres of wetlantl will be present within the Wetland Re-Establishment area in Unit C. I � � � � 1.25 � � 0.4 � 1.65 � D-1A.As-Built drawings will document that the constructetl conveyance pipe at the north end of Unit D has been installed and is functioning 0.25 I 0.25 as intended and planting has been implemented per the plan. _ �D-16. In Years 3 and 7,there will be inundation present in the nor�hern portion of Unit D on the 15�h of June.*' � � � � 0•25 � � 0•2 � � 0.45 � �E-1.As-Built tlrawings will document site grading and planting has been completed as shown on the Unit E plans. � � 2.5 � � � � � � 2.5 � - _ -- - - E-2A. In Year 3,soils will be saturated to the surface,or standing water will be present 12 inches below the surface or less for at least 10% 1 1 1 of the growing season.'* I E-26. In Years 3,5,and 10,no more than 10%of the sites will be un-vegetated and permanently inundated based on observations made I 0.25 0.25 0.1 0.6 during the summer monitoring visit. �E-2C. In Years 5 and 10,at least 8.37 acres of wetland will be present within the Wetland Re-Establishment area of Unit E. I � � � � 1.25 � � 0.2 � 1.45 � - - - - __ __ , � Vegetation (56% of total) � �AIB-3A. In Year 1,the Wetland TreelShrub plantinq areas will each have 2,000 stems of livinq native woodv vepetation per acre. I � � 1 � � � � � � I _ - _. _ _-. _�.. - - -.. __ _ - IAIB-3B.In Year 1,the Upland and Riparian Upland planting areas will each have 1,200 stems of living native woody vegetation per acre. � I I 0.5 I r I I I p.5 I _ . . . - - _ - - _ __ _ AIB-4. In Year 3,the Wetland Tree/Shrub planting areas will each have 2,000 stems of living native woody vegetation per acre. I I I I 1 I I I I 1 I �AIB-SA.In Year 5,native woody vegetation within the Wetland Tree/Shrub planting areas will provide 50%aerial cover. I � � � � 0.gp � � � .gp � IAIB-5B.In Year 5,at least 3 native woody species will provide at least 5%aerial cover each within the Wetland Tree/Shrub planting areas. � � I � I 0.25 I I I 0.25 I IAIB-5C.In Year 5,native woody vegetation within the Upland and Riparian Upland planting areas will provide 30%aerial cover. I � � � � 0.1 � � I p.1 I � - __ - _ __ .- _ AIB-5D. In Year 5,at least 3 native woody species will provide at least 3%aerial cover each in Upland and Riparian Upland planting areas. I � � I � 0.1 � � I p.1 I IAIB-6.In Year 7,native woody vegetation within the Wetland Tree/Shrub planting areas will provide 60%aerial cover. I � � � � � 2 � � 2 � �AIB-7A.In Year 10,native woody vegetation within Wetland Tree/Shrub planting areas will provide 75%aerial cover. I � I � � � � 0.4 I 0.4 I - - - - - - - - - AIB-7B.In Year 10,at least 2 native woody species will provide at least 10%aerial cover each in the Wetland TreelShrub plantinq areas. I � � � � I I 0.16 � 0.16 � �AIB-7C.In Year 10,native woody vegetation within the Upland and Riparian Upland planting areas will provide 50%aerial cover. I � I � � � � 0.1 I 0.1 I - - - - - - __ _- --- - - __ AIB-7D. In Year 10,at least 2 native woody species will provitle at least 7%aerial cover each in Upland and Riparian Upland planting areas. I � � � � � � 0.1 � 0.1 � - - - -- _ __ AIB-8. In Years 5 and 10,planting hummocks located within the Wetland Tree/Shrub planting areas will have at least one living native tree. I r � I � 0.5 � � 0.25 I 0.75 I AIB-9.In Years 5 and 10,Himalayan blackberry will not cover more than 20%of the buffers and riparian areas at the site.In Years 1 -10,remove � 0.1 0.1 0.2 all Japanese knotweed,English ivy,and purple loosestrife identified within Units A and B. �C-3A. In Year 1,the Wetland Tree/Shrub plantinq areas will have 2,000 stems of living native woody vegetation_per acre. I � � 1 � � � � � 1 � �C-3B.In Year 1,the Upland plantinq areas will have 1,200 stems of livinq native woody vegetation per acre. I � � 0.25 � � � � � 0.25 � - - - __ _ ____ _ �C-3C. In Years 1,5,and 10,the Forested Wetland Enhancement areas will contain at least 70 livinq native conifers per acre. � I I 0.55 I � 0.5 � � 0.25 � 1.3 � �C-4A. In Year 3,the Wetland Tree/Shrub planting areas will have 2,000 stems of living native woody vegetation per acre. � � � � 1 � � � � 1 � ' �C-46.In Year 3,the Wetland Enhancement Type I areas will have at least 100 conifers per acre. _ _ j � � J 0.75 � � � � 0.75 I �G5A. In Year 5,native woody vegetation within the Wetland Tree/Shrub planting areas will provide 50%aerial cover. I � � � � 1 � � I � I �GSB. In Year 5,at least 3 native woodv species will provide at least 5%aerial cover each within the Wetland Tree/Shrub plantinq areas. I T I � � 0.25 � � I 0.25 � _ - - -- - - - - -- __ - G5C.In Year 5,native woody vegetation within the Upland planting areas will provide 30%aerial cover. I I I I � 0.25 I I I 0.25 I _ - __ _ _ - _ _ , _ _ _ C-5D.In Year 5,at least 3 native woody species will provide at least 3%aerial cover each within the Upland planting areas. I T I I � 0.1 � � � 0.1 � �C-6A.In Year 7,native woody vegetation within the Wetland Tree/Shrub plantinq areas will provide 60%aerial cover. I � � l I � 2 � � 2 � �C-6B. In Year 7,the Wetland Enhancement Type I areas will have at least 75 conifers per acre. I � � � � � p•5 � � p•5 � IC-7A.In Year 10,native woody vegetation within the Wetland Tree/Shrub planting areas will provide 75%aerial cover. I � � � � � I 0.4 � 0.4 I �C-7B.In Year 10,at least 2 native woody species will provide at least 10%aerial cover each within the Wetland Tree/Shrub planting areas. I � � � � I I 0.16 � 0.16 I �C-7C.In Year 10,native woody vegetation within the Uplantl planting areas will provide 50%aerial cover. I � � � � � � 0.1 � 0.1 I �C-7D.In Year 10,at least 2 native woody species will provide at least 7%aerial cover each in the Upland planting areas. I � � � I � � 0.1 � 0.1 � - _ _ _ _ _ _ C-8.In Years 5 and 10, Himalayan blackberry will not cover more than 20%of the Forested Wetland Enhancement and other upland areas of the 0.1 0.1 0.2 site,and not more than 10%in the Wetland Re-Establishment Area. In Years 1 -10,remove all Japanese knotweed, English ivy,and purple loosestrife identified within Unit C. �D-2A. In Year 1,the Wetland TreelShrub plantinq area will have 2,000 stems of native livinq vegetation per acre. I � � 0.1 � � � � � 0.1 � __ _ __ _ _ �D-2B.In Years 1,5,and 10 the Forested Wetland Enhancement areas will contain at Ieast 70 livinq native conifers per acre. I � � 0.2 � � 0•2 � � 02 � 0.6 � . _ __, _ D-3.In Years 5 and 10,the aerial cover of Himalayan blackberry will not exceed 20%of the site. In Years 1 through 10,remove all Japanese 0.1 0.1 02 knotweed, English ivy,and purple loosestrife identified within Unit D. _ _ _ _.. - -. - _.. --- _. . _.. �E-3A.In Year 1,the Wetland Tree/Shrub planting areas will have 2,000 stems of livinq native woody veqetation per acre. I � � 1 � � � � � 1 � �E-36.In Year 1,the Upland and Riparian Upland planting areas will have 1,200 stems of living vegetation per acre. I � � 0.25 � I � � � 0.25 � - - - - - - -- - , - - �E-3C.In Years 1,5,and 10,the Forest Wetland Enhancement area will have 70 living conifers per acre. _ I � � 0.25 � � 0.1 � � 0.1 � 0.45 � I �E-4.In Year 3,the Wetland Tree/Shrub planting areas will have 2,000 stems of livinq native wootiv veqetation per acre._ I � � � � � � � � � � - - - - -- -- �E-5A.In Year 5,native woody vegetation within the Wetland Tree/Shrub planting areas will provide 50%aerial cover. I � � � � 1 � � � 1 � �E-56.In Year 5,at least 3 native woody species will provide at least 5%aerial cover each within the Wetland Tree/Shrub planting areas. I � � � � 0.25 � � � 0.25 � �E-5C.Irt Year 5,native woody veqetation within the Up►and and Riparian Upland plantinQ areas will provide 30%aeriai cover. j � � � � 0.25 I I � 0.25 � �E-5D.In Year 5,at least 3 native woody species will provide at least 3%aerial cover each in the Uplantl and Riparian Upland plantinq areas. I � � � � 0.1 � � � p.1 � - -- - E-6.In Year 7,native woody vegetation within the Wetland Tree/Shrub planting areas will provide 60%aerial cover. I � � � � � 2 � � 2 � - -- - - -- -. -. -. _. -- -- - E-7A.In Year 10,native woody vegetation within the Wetland TreelShrub planting areas will provide 75%aerial cover. I I I I � � � 0.4 � 0.4 � - - - - _- - , �E-7B.In Year 10,at least 2 native woody species will provide at least 10%aerial cover each within the Wetland TreelShrub plantinq areas. I � � � � I I 0.15 � 0.15 � - -- -- - - - -- - - __ - - E-7C In Year 10,native woody veqetation in the Upland and Riparian Upland plantinq areas will provide 50%aerial cover. I � � � � � � 0.1 � 0.1 � �E-7D. In Year 10,at least 2 native woodV species will provide at least 7%aerial cover each in Uqland and Riparian Upland plantinq areas. I � � � � � � 0.1 � 0.1 � E-8.In Years 5 and 10,the aerial cover of Himalayan blackberry will not exceed 20%of the uplands on site,and not more than 10%of the Wetland l 0.1 0.1 0.2 'I Re-Establishment Area. In Years 1 -10,remove all Japanese knotweed,English ivV,and purple loosestrife identified within Unit E. � �� - -_ _ �Woody Habitat Structures (4%of total) � - _ _ _ _ _ __ _ _. __ __ _ _ 1 IAIB-10.In Year 1,at least 35 woody habitat structures(vertical snags,brush piles,and/or LWD)will be present in Units A and B � I I 0•5 I I 1 I I p.5 I - - - -- _ -- - _ _.. C-9.In Year 1,at least 50 woody habitat structures(vertical snags,brush piles,andlor LWD)will be present within Unit C. I � Tp.S � � I I I p,5 I _ - - _-- - - - -- - - D-4.In Year 1,at least 2 woody habitat structures(brush piles)will be present within Unit D. I I I p.� � I I I I p.� I __ _- - - - - _- -- . E-19.In Year 1,at least 40 woody habitat structures(vertical snags,brush piles,andlor LWD)will be present in Unit E. I � � p.5 � � � I I p.5 � �Percent of Total Credits J 10% � 15% �15% � 15% j 20% � 15% � 10% � � _ _ _ _ _. _ _. __ _ _ -- - Totals �4.50 � 6.75 J 6.70 � 6.75 j 9.35 � 6.70 � 4.37 � 45.12 � * Year 0 indicates as-built site conditions based on site work completed in the second construction year. «' A qualifying year must have rainfall that meets or exceeds the thirty year average as measured at SEAITAC International Airport.. Cha ter 4 �� p August 2006 Bank Operation Page 4-5 FINAL Sprin�brook Creek Wetland and Habitat Miti�ation Bank Instrument 4.4 ACCOUNTING PROCEDURES AND LEDGER MANAGEMENT WSDOT shall establish and maintain for inspection and reporting purposes a ledger of all credit transactions. WSDOT will maintain a ledger of the credits that are released through the achievement of specified performance standards, as well as credits that are debited through sale, use, or transfer (Table 4-6). The City may maintain its own separate concurrent ledger to track its portion of the credits, but WSDOT will retain responsibility � for the master ledger detailing all debits and credits associated with Springbrook Bank to satisfy BOC requirements and comply with the CBMOA. When credits are to be withdrawn from the bank, any agencies with jurisdiction over the debiting project's mitigation requirements and decisions will coordinate the debiting of credits through the appropriate permit process. The following information will be recorded in the ledger for each transaction: 1. Date of transaction. 2. Number of credits transacted. 3. For credits released for sale/use/transfer, reference the performance standard(s) to which the released credits correspond. 4. For credit sales/use/transfers, include the name, address, and telephone number of user/purchaser; permit or project number(s) and name of the regulatory agency(ies) requiring permits; location of the project for which the credits are being purchased; and a brief description of the adverse project impacts requiring compensatory mitigation (e.g., nature, size and quality of aquatic resources affected). 5. For credits withdrawn from the ledger for reasons other than credit sale/use/transfer, include the specific reason for withdrawal. 6. Number of credits available in the Bank at the time of transaction. WSDOT will provide the BOC a copy of the bank ledger, by March 31 of each year, ! showing a cumulative tabulation of all transactions at the Bank to date. This ledger will � be submitted in conjunction with the annual monitoring report until all credits have been released and sold, used, or otherwise transferred; or until the BOC has accepted Springbrook Bank's written certification that it has terminated all banking activity. 4.5 SITE COMPLIANCE MONITORING During the establishment phase of the Bank, WSDOT, on behalf of itself and the City will monitor and report on the progress of the Bank toward achieving the goals, objectives, and performance standards established by the Instrument. WSDOT will prepare and submit monitoring reports to the BOC by March 31 following each monitoring year listed in Table 4-4. These reports will document the progress that has been made towards achieving the performance standards, adaptive management actions, ' and an overview of site progress. A combination of formal and informal monitoring of the bank site will occur during the establishment phase or until all performance standards are met, whichever occurs later. Formal monitoring will consist of quantitative sampling technigues to address specific performance standards listed in Tables 3-1 through 3-4, while informal monitoring will Chapter 4 August 2006 Bank Opeiation Page 4-6 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument consist of visual inspection of the mitigation area to identify any issues and necessary adaptive management actions. Formal monitoring will occur once per specified year between June and September (see Table 4-4), informal monitoring may occur periodically throughout the year (see Table 4-5). Additional formal monitoring visits may be conducted in years not listed to address performance standards not achieved in designated and/or prior years. The monitoring plan provides specific details about methods and reporting requirements (see Appendix A). Table 4-4. Formal Monitoring Table 4-5. Informal Monitoring Monitorin�Year Frequency Monitoring Year Frequency I Year 1 I Annual Site Visit I � Year 1 IQuarterly Site Visitsl Year 3 � Annual Site Visit � � Year 2 �Quarterly Site Visits � � Year 5 � Annual Site Visit � � Year 3 �Quarterly Site Visits � � Year 7 � Annual Site Visit � � Year 4 �Quarterly Site Visits� � Year 10 � Annual Site Visit � � Year 5 �Quarterly Site Visits� � Year 6 � Annual Site Visit � Year 7 � Annual Site Visit � � Year 8 � Annual Site Visit � � Year 9 � Annual Site Visit � � Year 10 � Annual Site Visit � WSDOT's Wetland Mitigation Monitoring staff will conduct the formal and informal monitoring of Springbrook Bank during the establishment phase of the Bank. The WSDOT Monitoring Program conducts compliance monitoring for many of WSDOT's compensatory wetland mitigation projects. Compliance monitoring provides a means for tracking the development of WSDOT mitigation projects over time, and for determining compliance with permits issued by federal, state, local, or tribal jurisdictions. The Monitoring Program provides important internal feedback role in mitigation site management and maintenance. This feedback serves as an essential link in the internal adaptive management process, increasing the overall success of mitigation sites. WSDOT's Monitoring Program uses a variety of monitoring methods. Quantitative data collection techniques are based on standard ecological and biostatistic methods. The configuration, placement, and number of sample units (e.g., belt transects, plots, lines, point-lines, point frames) required to address site-specific performance objectives will be based on characteristics observed in the vegetative community and patterns of plant distribution. Sample size analysis will be used to ensure data from an adequate number of sample units has been obtained to meet the sampling objectives. Monitoring reports will include a description of inethods and sampling designs used to monitor the various performance standards for the bank site (See Chapter 3). The City and WSDOT will obtain the approval of Corps and Ecology, following consultation with the other BOC members prior to altering any element of the monitoring plan. The BOC may require additional monitoring, if necessary to demonstrate that certain performance standards have been met. Chapter 4 August 2006 Bank Operation Page 4-7 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table 4-6. Sample Accounting Ledger Requirement Met Resulting in Debit* or Total Date Credit Release or Name and Project Location and Project Title/Permit# Credit Credits IContact Info of Credit Description of Impacts and Issuing Agency Amount Available User/Purchaser I I I I I I I I I I I � � i I I I I I � I � *`Debits are enclosed as parentheses. Chapter 4 August 2006 Bank Operation Page 4-8 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 5.0 SITE PROTECTION AND MANAGEMENT 51 PROTECTION MECHANISMS WSDOT and the City will take actions to ensure that Spriugbrook Bank wetland, riparian, and � habitat functions and values will be protected in perpetuity. The actions include establishing a conservation easement and encumbering the deed with the signed MBI. 5.1.1 Conservation Easement The City will grant and record an appropriate conservation easement to dedicate in perpetuity the property constituting each unit of the Bank that is to be created, restored, or enhanced for credit. The conservation easement must be approved by the BOC and recorded with King County. The conservation easement can not be removed or modified without written approval of the BOC. Conveyance of any interest in the property will be subject to this conservation easement. Use prohibitions reflected in the easement will preclude the site from being used for activities that would be incompatible with the establishment and operation of the Bank. All restrictions will be granted in perpetuity without encumbrances or other reservations, except those encumbrances or reservations approved by the BOC and not adversely affecting the ecological viability of the Bank. Any portion of the site not encumbered by the conservation easement will not be included in the credit-generating area of the Bank. The conservation easement will reflect that the site owner warrants that it will comply with all applicable state and local requirements for controlling noxious weeds on the Bank site. Furthermore, this conservation easement will provide that all structures, facilities, and improvements within the Bank, including roads, trails and fences, that are merely incidental to the functionality of the mitigation site but are necessary to the Bank management and maintenance activities, will be maintained by the site owner for as long as it is necessary to serve the needs of long-term management and maintenance. All structures, facilities, and improvements that directly and substantially contribute to the functionality of the mitigation site will be included within the responsibilities delineated in the Long-Term Management Plan. 5.1.2 Financial Assurances The funding for the Springbrook Bank design, construction, monitoring, and a portion of the site management during the establishment phase of the bank is secured through the 2003 Transportation Funding Package for the I -405 Corridor Program. The City is providing the land in perpetuiry and funding the trail design, trail construction, a portion of the site management of the establishment phase and long-term management. WSDOT, as the permit holder of the bank will be the responsible party for the financial assurances during the establishment phase of the bank. As a state agency, WSDOT has secured funds through the 2003 and 2005 Transportation Funding Packages. Future funds are secured through annual legislative allocations to the department. The City shall initiate a Long-Tertn Management Endowment Fund pursuant to Article III.C.3. of the Agreement. If the responsibility for long-term management is assigned to a third party pursuant to Article IV.M, the contents of the Long-Term Management Fund shall be transferred pursuant to Articles IIl.C.3.a. and IV.K. If the City retains responsibility for long-term management of the Bank, following the commencement of the long-term management period, the contents of the Fund shall be deposited in a restricted liability account and devoted solely to long-term management of the Springbrook Bank until exhausted. Chapter 5 August 2006 Site Protection and Management Page 5-1 FINAL I Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 5.1.3 Site Access See Article IV.B. of this Agreement for specific details. 5.2 LONG-TERM MANAGEMENT REQUIREMENTS Site management after the establishment phase will be conducted by the City to ensure that functional benefits of the mitigation activities are not degraded. Springbrook Bank will be managed to maximize fulfillment of mitigation bank goals and objectives by ensuring the long- term protection of wetland and buffer areas. Long-term management of the site will focus on maintaining native plant communities and wildlife habitat diversity. The Long-Term Management Plan will adhere to the following requirements and the BOC agrees not to impose additional categories of Long- Term Managemel�t without the concurrence of the City following consultation with WSDOT. • Deciduous scrub-shrub and forested areas will remain dominated by native woody species. • Native woody vegetation will dominate the reed canarygrass treatment areas in Units A and B, and the wetland re-establishment areas in Units C and E. • Weed control activities at the site will meet requirements of all applicable State and local requirements in force at the time. • If hydrologic conditions change within the system providing hydrology to the re-establishment area in Unit C, adjustments to the controls may be made. If excess water threatens woody planting survival, then water from the grade-separation pump station may be diverted to Springbrook Creek via existing infrastructure, or if insufficient water is present, the height of the weir may be raised at the outflow of tl�e re-establishment area to retain more water at the site. • Site management activities include, but are not limited to, weed control, trash removal, vandalism repair, and structure and/or signage repair. • All structures and facilities within Springbrook Bank, including fences, the elevated boardwalk, pump-station diversion pipe and structure, the Tukwila stormwater facility, and the stop-log weir, shall be properly maintained in perpetuity or for as long as each is needed to accomplish the goals of Springbrook Bank and achieve the requirements of the MBI. The City is responsible for ensuring that a Long-Term Management Plan is developed and implemented to protect and maintain in perpetuity the aquatic functions and values of the Bank site. This plan must be approved by the BOC prior to the termination of the establishment phase of the Bank. Once the establishment phase of the Bank has terminated pursuant to Article IV.K. of this Agreement, the City will assume responsibility for implementing that Plan, as provided in Article IV.M., unless the City assigns this responsibility pursuant to the provisions of Article IV.M. and Section 5.2.E of this Instrument. To gain BOC approval, the Long-Term Management Plan will consist of enumerated activities that will implement and maintain the requirements. In the event that problems occur during the long-term management phase, and/or the conditions of the long-term management as described in Section 5.2 of the MBI are not met, the BOC will be contacted and will be informed of the situation. The BOC may choose to require actions necessary to resolve any issues that result in non-compliance with the Long-Term Management Plan. A primary goal of the Bank is to create Chapter 5 August 2006 Site Protection and Management Page 5-2 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument a self-sustaining natural aquatic system that achieves the intended level of aquatic ecosystem functionality with minimal human intervention, including long-term site maintenance. As such, natural changes to the vegetative community, other than changes caused by noxious weeds, that occur after all Bank performance standards have been met are not expected to require ' remediation. � The City will conduct site visits periodically during the long-term management phase to gauge the need for and scope of site management activities in order to implement the Plan. The City will manage the site in perpetuity by fulfilling landowner obligations defined in the Conservation Easement to maintain the ecological functions on the site. If the City elects to request the approval of the BOC to assign long-term management to a Long- Term Steward pursuant to Article IV.M., the long-term management assignment agreement w�ll reflect that the assignee has assumed the obligation, owed to the BOC, of accomplishing the Long-Term Management Plan. The Corps and Ecology will also execute this assignment agreement. In exchange for the assignee's promise to achieve the Long-Term Management Plan, contemporaneously with the assignment of long-term management responsibilities the Corps and Ecology will direct disbursement of the Long-Term Management Endowment Fund as prescribed in Article III.C.3.c. of this Agreement. In the event the responsibility for executing the Long-Term Management Plan is not assigned to a third-party assignee, at the termination of the establishment phase of the Bank the BOC will authorize the City to apply the contents of the Endowment Fund prescribed in Article IILC.3.c. of this Agreement to the long-term management of the Bank. 5.3 FORCE MAJEURE See Article IV.I. of this agreement for specific details. Chapter 5 August 2006 Site Protection and Management Page 5-3 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 6.0 GLOSSARY � Adaptive management: a systematic process for continually improving management �� policies and practices by learning from the outcomes of actions. Related to compensatory mitigation, it involves the applicant and the regulatory agencies discussing the problems occurring on a compensation site and coming to agreement on possible solutions or alternative approaches necessary to bring the site into compliance. Aerial cover: is the percent of ground surface covered by vegetation of a particular species (or suite of species) when viewed from above (Elzinga et al. 1998). Values for aerial cover are typically obtained from point-line, point-frame, or line-intercept data. � Aerial cover does not include overlapping cover of separate plants, thus it does not exceed 100%. � Class: a grouping based on shared characteristics in a classification scheme. In the Cowardin et al. (1979) classification of wetlands a class is the third level in the `taxonomy' of wetlands whereas in the hydrogeomorphic classification (Brinson 1993b) it is the highest taxonomic unit. Compensatory mitigation: the compensation stage of the mitigation sequence where impacts to the functions and values of wetlands are replaced through creation, restoration, or enhancement of other wetlands. Because regulatory requirements and policies tend to focus on the compensation stage, the term "mitigation" is often used to refer to compensation, which is just one part of the overall mitigation sequence. Conservation easement: a restriction placed on a piece of property to protect the resources (natural or man-made) associated with the parcel. The easement is either voluntarily sold or donated by the landowner, and constitutes a legally binding agreement that prohibits certain types of activities from taking place on the land. Corridor: areas that contain relatively undisturbed habitat and/or vegetation that maintain connections for wildlife throughout the landscape. Corridors usually represent linear habitats with the range of environmental functions necessary to permit the movement of animals between larger and more fully functioning habitats. Corridors can include but are not limited to, annual or seasonal migration corridors that connect wintering and breeding habitat, or intraseasonal corridors that connect foraging and nesting habitat or breeding and dispersal habitat. Depressional wetland: a class of wetlands in the hydrogeomorphic classification. These are wetlands that occur in topographic depressions that exhibit closed contour interval(s) on three sides and elevations that are lower than the surrounding landscape. Ecological restoration: "Ecological restoration is the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed." (From the Society for Ecological Restoration website 2005 http://www.ser.or�/) Emergent wetland: a wetland class under the Cowardin classification that is dominated by erect, rooted, herbaceous plants. Emergent wetlands include marshes and wet meadows. Enhancement: the manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific function(s) or to change the Chapter 6 August 2006 Glossary Page 6-1 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife � habitat. Activities typically consist of planting vegetation, controlling non-native or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods, or some combination of these. Enhancement provides a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. Establishment (creation): the manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities rypically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. Establishment provides a gain in wetland acres. Establishment Phase: The establishment phase of the Bank commences when both the MOA and the MBI have been executed. The establishment phase terminates when the Corps and Ecology have determined, in consultation with the other members of the BOC and the Sponsors, that the following terms have been met: 1) All applicable performance standards prescribed in the Instrument have been achieved; 2) All available credits have been released or the Sponsors have permanently ceased banking activities; 3) The City has prepared a Long-Tern� Management Plan that reflects the Long-Term Management Guidelines identified in Section 5.2 of the Instrument that has been approved by the Corps and Ecology; 4) The City has either: (i) assumed responsibilities for accomplishing the Long-Term Management Plan, in which case the City will fulfill the role of Long-Term Steward, or (ii) has assigned those responsibilities to another Long-Term Steward pursuant to Article IV.M of this Agreement; 5) The Long-Term Management Endowment Fund has been fully funded; 6) The contents of the Long-Term Management Endowment Fund have been transferred to the Long-Term Steward; and 7) The Bank has complied with the terms of this Agreement. Flood storage: the volume available for flood water from a river or stream to occupy outside the channel itself. This storage can reduce peak flows in the channel and desynchronize the movement of floodwaters downstream. Functions: the physical, biological, chemical, and geologic interactions among different components of the environment. See wetland functions. Habitat: the environment occupied by individuals of particular species, population ar community. Habitat functions: function provided by a wetland and driven by specific site attributes related to it ability to provide habitat suitable for animals and plants in general or specific groups or species. Habitat structures: structures that increase the number and availability of habitat niches at a site, which may include snags, large woody debris, and brush piles. Chapter 6 August 2006 Glossary Page 6-2 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Hydric soils: a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part. Hydrogeomorphic (HGM) classification: a system used to classify wetlands based on the position of the wetland in the landscape (geomorphic setting), the water source for the � wetland, and the flow and fluctuation of the water once in the wetland. � Hydrogeomorphic wetland class: the highest level in the Hydrogeomorphic � classification of wetlands. There are six basic hydrogeomorphic wetland classes � including depressional, tidal fringe, slope, riverine, lake fringe, and flat. See class. Hydrologic functions: functions provided by a wetland related to its ability to provide flood storage, reduce peak flows, and reduce downstream erosion. These functions are driven by specific site attributes. � Hydrologic regime: see hydroperiod below. Hydroperiod: the pattern of water level fluctuations in a wetland. lncludes the depth, frequency, duration, and timing of inundation or flooding. Patterns can be daily, monthly, seasonal, annual or longer term. Hydrophytic vegetation: a plant species that is typically adapted to life in saturated soil conditions. Inundated: water covering land not usually submerged, usually from flooding. Invasive species: defined by the National Invasive Species Council (NISC) as "(1) a � non-native (alien) to the ecosystem under consideration and (2) a species whose introduction is likely to cause economic or environmental harm, or harm to human health." Jurisdictional wetland: a wetland that is regulated by the provisions of the law under the jurisdiction of one or more federal, state, or local agencies. Not all areas of the landscape that have the biological characteristics of wetlands are regulated or jurisdictional wetlands. Large woody debris (LWD): large pieces of downed wood such as logs, rootwads, and limbs that are in or near a body of water. LWD provides habitat structure for fish and other aquatic organisms. Limiting faetor: an environmental factor that limits the growth or activities of an organism or that restricts the size of a population or its geographical range. Long-Term Management Phase: begins at the end of the establishment phase and extends for perpetuity. Microtopography: minor variations in the elevation of the ground surface. Mitigation (or mitigation sequencing): a series of actions that requires addressing each action, or step, in a particular order. This sequence of steps is used to reduce the severity of negative impacts from activities that potentially affect wetlands. Mitigation involves the following: 1) Avoiding the impact altogether by not taking a certain action or parts of an action; Chapter 6 August 2006 Glossary Page 6-3 FINAL � Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; 3) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; 4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5) Compensating for the impact by replacing, enhancing, ar providing substitute resources or environments; and 6) Monitoring the required compensation and taking remedial action when necessary (WAC 197.11.768). See compensatory mitigation. Mitigation banking: has been defined as "wetland restoration, creation, enhancement, and in exceptional circumstances, preservation undertaken expressly for the purpose of compensating for unavoidable wetland losses in advance of development actions, when such compensation cannot be achieved at the development site or would not be as environmentally beneficial." 1995 Federal Guidance on Wetland Mitigation Banking (U.S. Army Corps of Engineers 1995) Mitigation credit: for the purposes of this Mitigation Bank Instrument, one mitigation credit is valued as one unit of mitigation "currency" required to compensate for one acre of Category II wetland as defined by the Washington State Department of Ecology Rating System (Hruby 2004). Monitoring: a systematic evaluation of the site by gualified personnel to determine the degree to which the site meets its performance standards and to determine modifications in management and maintenance of the site needed to achieve performance standards. Formal: quantitative sampling technigues will be used to assess if the site is achieving specific performance standards, which may be tied to the release of mitigation credits. Informal: qualitative visual inspection of the site to identify any issues and necessary adaptive management actions. Operational Life: The operational life of the Bank commences when both the MOA and the MBI have been executed. The operational life terminates following the termination of the establishment phase of the Bank, and upon (1) sale, use, or transfer of all credits, or (2) upon acceptance by the BOC of a written declaration by the Sponsors that they have permanently ceased banking activities. Performance standards: quantifiable standards capable of ineasuring the degree of success of a site compared to established goals and objectives. Planting bummock: a raised area to provide topographic variation and facilitate tree establishment in existing wetlands. Perpetuity: forever, eternity. Protection Setback (Buffer): vegetated areas adjacent to wetlands, or other aguatic resources, that can reduce impacts from adjacent land uses through various physical, chemical, and/or biological processes. Reach: a segment of river or stream and associated riparian area defii�ed by geomorphic Chapter 6 August 2006 Glossary Page 6-4 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument fcatures with similar environment and aquatic habitat. Re-establishment: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging ditches or breaking drain tiles. Re-establishment provides a gain in wetland acres and functions. Compare to rehabilitation. See also restoration and establishment. Rehabilitation: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions and processes of a degraded wetland. Activities could involve breaching a dike to reconnect wetlands to a floodplain, restoring tidal influence to a wetland, or breaking drain tiles and plugging drainage ditches. Rehabilitation provides a gain in wetland function but does not provide a gain in wetland acres. Compare to establishment (creation), re-establishment and enhancement. See also resto�ation. Restoration: the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided into re-establishment and rehabilitation. Riparian: the strip of land adjacent to a body of water that is transitional between the aquatic system and the upland. Some riparian areas contain wetlands. Riverine wetland: a class of wetlands in the hydrogeomorphic classification. Wetlands that occur in floodplains and riparian corridors in association with stream or river channels where there is frequent overbank flooding. Service area: Absent special circumstances, the service area is the geographic area in which the mitigation credits generated at a mitigation bank site may be used to compensate for unavoidable wetland impacts. Site management: activities undertaken at the site to address management needs, may include: vandalism, weed control, replanting, maintaining structures, etc... Stormwater: the water coming from rain or snow that runs off surfaces such as rooftops, paved streets, highways, and parking lots. It can also come from hard grassy surfaces like lawns, play fields, and from graveled roads and parking lots. Sub-basin: a smaller drainage basin that is part of a larger drainage basin or watershed. For example, the watershed of a large river may be composed of several sub-basins, one for each of the river's tributaries. Surface water: water present above the substrate or soil surface. Unavoidable impact: impacts to wetlands or other aquatic resources that have gone through the appropriate steps in the mitigation sequencing process. See mitigation. Under-planting: Installation of plants under a canopy of existing woody vegetation. Upland: any area that does not qualify as wetland because the associated hydrologic regime in not sufficiently wet to elicit development of vegetation, soils, and/or hydrologic characteristics associated with wetlands. Water quality functions: functions provided by a wetland and driven by specific site attributes related to its ability to improve water quality including: removing sediment, Chapter 6 August 2006 Glossaty Page 6-5 - - FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument �, nutrients, and heavy metals and toxic organic compounds. Water Resource Inventory Area (WRIA): geographic area usually corresponding to major watersheds. Washington State is divided into 62 WRIAs for water management purposes. Watershed: a geographic area of land bounded by topographic high points in which water drains to a common destination. Wetland: has been defined as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." Washington State Wetlands Delineation Manual(Ecology 1997) Wetland functions: the physical, biological, chemical, and geologic interactions among different components of the environment that occur within a wetland. Wetlands perform many valuable functions and these can be grouped into three categories (1) functions that improve water quality, (2) functions that change the water regime in a watershed such as flood storage, and (3) functions that provide habitat for plants and animals. Wetland hydrology: the sum total of wetness characteristics in areas that are inundated or have saturated soils for a sufficient duration to support hydrophytic vegetation. Chapter 6 August 2006 Glossary Page 6-6 � FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 7.0 REFERENCES Antieau, Clayton J. 1998. Biology and Managen7ent of Reed Canarygrass, ar�d Implications for Ecological Restoration. Washington State Department of Transportation, Seattle, WA. http://www.sernw.or�/docs/RCG.rtf Antieau, Clayton J. 2005. Personal Communication. Seattle Public Utilities. [October 6, 2005] R.W. Beck, 1996. East Side Green River Watershed Project Plan and Errvii-onrnerrtal Impact Statement. Prepared for the City of Renton Department of Planning/Building/Public Works. Brinson, M.M. 1993.A Hydrogeomorphic Classification for Wetlands. Tehnical Re�oj•t WRP-DE-4. U.S. Army Corps of Engineers Waterways Experiment Station. Vicksburg, MS Buis, Susan. 2005. Personal Communication. Washington State Department of Transportation. [September 29, 2005] Celedonia, M. 2002. Benchmarks for Stand Developmer�t of F'oi•ested and Sci•i�b-shrrrb Plant Communities at Wetland Mitigation Sites in the Lowlands of Western Washington. Washington State Department of Transportation, Olympia, WA. httn://www.wsdot.wa.�ov/eesc/desi�n/roadside/ndf/miti�ationbenchmark.pdf � Collins, B and A Sheikh 2005. Historical Aquatic Habitats in the Green and Duwamish River Valleys and the Elliott Bay Nearshore, King County, Washington. Report for King County Department of Natural Resources and Parks. University of Washington, Seattle. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe, 1979. Classificatiorr of Wetla�7ds and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service Publication FWS/OBS-79/31. Washington D.C. Elzinga, C. L., D. W. Salzer, and J. W. Willoughby. 1998. Meastn�ing af�d Mor�ito�-in� Plant Populations. Bureau of Land Management Technical Reference 1730-1, BLM/RS/ST-98/005+1730. National Business Center, Denver, CO. Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. Technical Report Y-87-1, U.S. Army Corps of Engineers Waterways Experiment Station. Vicksburg, MS. Environmental Protection Agency (EPA). 2002. Dr�aft: Level lll and IV Ecoregions �f the � � Northwestern United States, ftn://ftp.ena.�ov/wed/ecore�ions/or wa id/pnw map.pdf Hart Crowser. 2005a. Geotechnical Baseline Report I-405 Springbrook Creek Wetlands and Habitat Mitigation Project. Seattle, WA. [October 4, 2005] Hart Crowser. 2005b. Geotechnical Baseline Recommendations 1-405 Springbrook C�-eek Wetland and Habitat Mitigat�on Bartk Project Trail Renton, WA. Seattle, WA. [October 26, 2005] Chapter 7 August 2006 References Page 7-1 FINAL Sprin�brook Creek Wetland and Habitat Miti�ation Bank Instrument Harza. 1995. Final Report— Comprehensive Fisheries Assessment of the Mill Creek, Garrison Creek and Springbrook Creek System. Prepared for the City of Kent, Washington. Hoover, Monica. 2005. Personal Communication. Natural Resources Conservation Service. [September 29, 2005] HRA Cultural Resources. 2005. I-405, Springbrook Creek Habitat and Wetland Mitigation Bank Project, Cultural Resources Discipline Report. Seattle, WA. [November 2005] Hruby, T. 2004. Washington State Wetland Rating System for Western Washington— Revised. Washington State Department of Ecology Publication# 04-06-025. Hruby, T., T. Granger, K. Brunner, S. Cooke, K. Dublancia, R. Gersib, L. Reinelt, K. Richter, D. Sheldon, E. Teachout, A. Wald, and F. Weinmann. 1999. Methods for Assessing Wetland Functions Volume 1: Riverine and Depressional Wetlands in the Lowlands of Western Washington, Part 1: Assessment Methods. Washington State Department of Ecology Publication#99-115. Olympia, WA. Hruby, T., T. Granger, and E. Teachout. 1999. Methods for Assessing Wetland Famctiorrs. Volume 1: Riverine and Depressional Wetlands in the Lowlands of Western Washington. Pert 2: Procedures for Collecting Data. Washington State Department of Ecology Publication#99-116. Olympia, WA. Kercher, Suzanne M., Quentin J. Carpenter, and Joy B. Zedler. 2004.Interrelationships of Hydrologic Disturbance, Reed Canary Grass (Phalaris arundinacea L.), and Native Plants in Wisconsin Wet Meadows. Natural Areas Journa124(4): 316-325. http://www.botanv.wisc.edu/zedler/ima�es/KercherNAJ.pdf Kerwin, John and Nelson, Tom S. (Eds.). 2000. Habitat Limiting Factors and Reconnaissance Assessment Report, Green/Duwamish and Central Puget Sound Watersheds (WRIA 9 Vashon Island). Washington Conservation Commission and King County Department ofNatural Resources. http://salmon.scc.wa.�ov King County. 2005. Noxious Weed List. www.dnr.metrokc.�ov/wlr/lands/weeds/laws.htm King County. 1998. King County, Washington Surface Water Design ManuaL King County Department of Natural Resources, Seattle, WA. Puget Sound River History Project. 2005. http://riverhistorv.ess.washin�ton.edu/ Malcom, Roderick W.R. 1998. The Contribution of Reed-Canary Grass Dominated Low Gradient Streams to Juvenile Salmon Overwintering Habitat. Muckleshoot Indian Tribe Fisheries Department. Presented at Puget Sound Research Conference, March 1998, Seattle, WA. httn://www.psat.wa.�ov/Publications/98 nroceedin�s/pdfs/la abstracts.ndf Maurer, Debbie A., Roberto Lindig-Cisneros, Katherine J. Werner, Suzanne Kercher, Rebecca Miller, and Joy B. Zedler. 2003. The Replacement of Wetland Vegetation by Reed Canarygrass (Phalaris arundinacea). Ecological Restoration, 21(2): 116-119. http://ip��w.ors�/sv»�posium/Maurer et aLpdf Chapler 7 August 2006 References Page 7-2 � FINAL ' Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Miller, Rebecca C. and Joy B. Zelder. 2002. Responses of Native and Invasive Wetland Plants to Hydroperiod and Water Level Depth. University of Wisconsin, Madison, WI. http://www.botanv.wisc.edu/zedler/ima�es/MillerPl.Ecol.pdf Natural Resources Conservation Service(NRCS). 2001. Hydric Soils List. King Counry Area, Washington. U.S. Department of Agriculture [10/30/2001] http://www.wa.nres.usda.�ov/technicaUsoils/countv hvdric lists.html Reinhardt, Carrie and Susan M. Galatowitsch. 2004. Best Management Practices for the Invasive Phalaris arundinacea L. (reed canary grass) in Wetland Restorations. Minnesota Department of Transportation, St. Paul, MN. [Final Report, May 2004] http://www.fws.�ov/shorebirdplan/USShorebirdldownloads/ReedCanarvGrassReport 2004.pdf Renton, City of. 2004. Comprehensive Plan. Renton, WA. http://www.ci.renton.wa.us/ednsp/compplan.htm Renton, City o£ 2005. Critical Areas Ordinance. Ordinance number 5137. Renton, WA. http://rentonnet.or�/internetapps/files/ednsp/1177.pdf Renton, City of. June 1992. Parks, Recreation, and Open Space Plan. Renton, WA. � Renton, City o£ June 1992. Trails Master Pdan. Renton, WA. Seattle Audubon. 2005. Places to see Great Blue Herons in the Puget Sound Region. http:Uwww.seattleaudubon.or�/birdin�.cfm?id=498 Smith, D.R., A. Ammann, C. Bartoldus, and M.M. Brinson. 1995.An Approach for Assessing Wetland Functions Using Hydrogeomorphic Classification, Refe�ence Wetlands, and Functional Indices. Technical Report WRP-DE-9. US Army Waterways Experiment Station. Vicksburg, MS. http://el.erdc.usace.armv.mil/wetlands/pdfs/wrpde9.pdf Soll, Jonathan. Controlling Himalayan Blackberry in the Pacific Northwest. The Nature Conservancy. http://tncweeds.ucdavis.edu/moredocs/rubarmOl.pdf Stehman, Stephen V and Daniel W. Salzer. 2000. Estimating Density from Surveys Employing Unequal-Area Belt Transects. WETLANDS. Vol. 20. No. 3. pp. 512-519. The Society of Wetland Scientists. Ann Arbor, MI. Snyder, Dale E., Phillip S. Gale, Russell F. Pringle. 1973. Soil Survey of the King County Area, Washington. US Department of Agriculture, Soil Conservation Service, Washington, D.C. Tu, Mandy. 2004. Reed Canarygrass: Control and Management in the Pacific Northwest. The Nature Conservancy, Portland, OR. http://tncweeds.ucdavis.edu/moredocs/phaaru0l.pdf U.S. Army Corps of Engineers et al. 1995. Federal Guidance for the Establishment, Use, and Operation of Mitigation Banks. Federal Register Vol. 60, No.228,p. 58605- 58614. [November 28, 1995] Chapter 7 August 2006 References Page 7-3 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Washington, State of. 2001. Washington State Draft Rule on Mitigation Banking. WAC 173-700. http://www.ecv.wa.eov/laws-rules/wac173700/draftruleeasvread.pdf '� � Washington State Department of Ecology (Ecology). 1997. Washington State Wetlands Identification and Delineation Manual. Washington State Department of Ecology. Publication#96-94. http://www.ecv.wa.�ov/biblio/9694.html Washington State Department of Ecology. 2005. Wetlands in Washington State— Volume 2: Guidance for Protecting and Managing Wetlands. Washington State Department of Ecology. Publication #OS-06-008. Olympia, WA. http://www.ecv.wa.�ov/nro�rams/sea/bas wetlands/volume2final.html Washington State Department of Transportation (WSDOT). 1994. Washington State Department of Transportation Wetland Compensation Bank Program Memorandtrm ofAgreement. Signatories include U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Federal Highway Administration, Washington State Department of Ecology, Washington State Department of Fish and Wildlife, and Washin�ton State Department of Transportation. http://www.wsdot.wa.�ov/environment/biolo�v/docs/WetlandMOAFinal I 994.pdf Washington State Department of Transportation (WSDOT). 2005a. Springbrook C��eek Mitigation Site Wetland Delineation Report. Washington State Department of Transportation, I-405 Office, Bellevue, WA. [May 2005] Washington State Department of Transportation (WSDOT). 2005b. Spi-ingbr•ook Wetla��d � and Habitat Mitigation Bank: Springbrook Creek Hydrological Analysis. Washington State Department of Transportation, I-405 Office, Bellevue, WA. [August 2005] Washington State Department of Transportation (WSDOT). 2005c. Springbrook Wetland and Habitat Mitigation Bank: Unit C Water Balance Memorandum. Washington State Department of Transportation, I-405 Office, Bellevue, WA. [August 2005] Washington State Department of Transportation (WSDOT). 2005d. Black River Pam�p Station Fish Passage Biological Feasibility. Washington State Department of Transportation, I-405 Office, Bellevue, WA. [October 2005] Washington State Department of Transportation (WSDOT). 2006. Springbrook Wetland and Habitat Mitigation Bank: Biological Assessment. Washington State Department of Transportation, I-405 Office, Bellevue, WA. [January 2006] Washington State Noxious Weed Control Board. 2005. Noxious Weed List. www.nwcb.wa.�ov/INDEX.htm Watershed Water Resource Inventory Area 9 (WRIA 9) Steering Committee. 2005. Salmon Habitat Plan—Making Our Watershed Fit for a King. Prepared for the WRIA 9 Forum. http://dnr.metrokc.�ov/Wrias/9/HabitatPlan.htm Chapter 7 August 2006 References Page 7-4 Appendix A Monitoring Plan Springbrook Creek Wetland and Habitat Mitigation Bank FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 1.0 INTRODUCTION This monitoring plan describes the framework and methods that Washington Department of Transportation (WSDOT) and the City of Renton (City) will use to monitor the Springbrook Creek Wetland and Habitat Mitigation Bank (Springbrook Bank). Monitoring results will be used to document how Springbrook Bank is performing in relation to the project objectives and performance standards documented in the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument (MBI). Documented monitoring results will be used to establish when mitigation credits from Springbrook Bank are eligible for release. 2.0 WSDOT WETLAND MITIGATION MONITORING PROGRAM WSDOT's Wetland Mitigation Monitoring Program (Monitoring Program) staff will conduct the site monitoring at the Springbrook Bank during the establishment phase (Year 0 to Year 10). The Monitoring Program conducts compliance monitoring for the majority of WSDOT's compensatory wetland mitigation projects statewide. Compliance monitoring provides a means for tracking the development of WSDOT mitigation projects over time, and for determining compliance with permits issued by federal, state, local, or tribal jurisdictions. The monitoring � data also provide an important internal feedback role in mitigation site management and maintenance serving as an essential link in the internal adaptive management process, which increases the overall success of the mitigation sites. The City will conduct periodic site visits at the Springbrook Bank during the long-term management phase to assess the need and scope of any additional site management activities. 2.1 Monitoring Protocols WSDOT's Monitoring Program uses both formal and informal methods. Formal monitoring may include qualitative monitoring and/or quantitative monitoring addressing the performance standards in a given year. Informal monitoring will usually be conducted during years for which there are no performance standards, intending to provide a general idea of how the site is performing, and may only include qualitative monitoring. Informal monitoring may quantitatively address some performance standards, but may be less statistically rigorous than formal monitoring. Results (compliance with performance standards) of both formal and informal monitoring will be summarized in monitoring reports and submitted to BOC members. During some interim years that neither formal nor informal monitoring is scheduled, internal site inspections will take place with no external reporting. The results of internal site inspections will be used to guide site management activities at Springbrook Bank. The Monitoring Program uses guantitative data collection techniques based on standard ecological and biostatistical methods. The configuration, placement, and number of sample units (e.g., belt transects, plots, lines, point-lines, point frames) required to address site-specific performance objectives will be based on characteristics observed in the vegetative community and patterns of plant distribution. Sample size analysis will be used to ensure data from an adequate number of sample units has been obtained to meet the sampling objectives. Monitoring reports will include a description of the methods and sampling designs used to monitor Springbrook Bank. Further information on WSDOT monitoring methods is available at: httu://www.wsdot.wa.�ov/environmendbiolo�v/docs/Methods WhitePaper052004.pdf Appendix A August 2006 Monitoring Plan Page A-1 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 2.2 Submission of Annual Reports WSDOT will prepare and submit annual monitoring reports to BOC members, on behalf of itself and the City, during the establishment phase of the Bank. The reports will be submitted by March 31 after each monitoring year for which a report is required. These reports will document the progress that has been made towards achieving the performance standards specified in the MBI. Reports will also include descriptions of adaptive management actions that have been taken to facilitate achievement of performance standards that are not being met. 3.0 GOALS, OBJECTIVES, AND PERFORMANCE STANDARDS 3.1 Goal Springbrook Bank will increase wetland area, improve hydrologic functions, water quality functions, habitat functions, fish refuge/rearing habitat, and promote environmental education 3.2 Objectives Springbrook Bank will re-establish 17.81 acres of wetland; rehabilitate 52.92 acres of wetland, enhance 33.61 acres of wetland, enhance 6.88 acres of riparian area, and 7.80 acres of uplands; and result in significant improvements for fish and wildlife habitat, water quality, and other stream and wetland functions in the Black River Basin. The mitigation design includes removal of fill from areas of historic wetlands, re-connecting Springbrook Creek to its floodplain, and improving functions in existing wetlands. 3.3. Performance Standards Performance standards outlined in the MBI (Section 3.3) are intended to measure the success of Springbrook Bank in meeting the overall project goals and objectives. Performance standards establish specific parameters that the site must meet in order to determine that the goals and objectives have been met. 4.0 MONITORING SCHEDULE A combination of formal and informal monitoring of Springbrook Bank will occur during the establishment phase of the Bank (Tables A-1 and A-2). Site visits will occur periodically after the 10-year monitoring period to document changes in the site over time and to provide information to WSDOT and the City (who is the lead entity for long-tertn site management). Formal monitoring will occur once per specified year between June and September, while informal monitoring may occur periodically throughout the year. More frequent monitoring may be warranted because of specific site conditions or site-specific goals. For example, more frequent monitoring may be necessary to track the cover of invasive weeds or report results from management treatments. The Springbrook Bank will be monitored according to the schedules listed below. Appendix A August 2006 Monitoring Plan Page A-2 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Table A-1. Table A-2. Formal Monitoring Schedule Informal Monitoring Schedule Monitoring Year' Frequency Monitorinq Year Frequency � Year 1 � Annual Site Visit I � Year 1 IQuarterly Site Visits� � Year 3 � Annual Site Visit � � Year 2 (Quarterly Site Visits � � Year 5 � Annual Site Visit � � Year 3 �Quarterly Site Visits � � Year 7 � Annual Site Visit � � Year 4 �Quarterly Site Visits� � Year 10 � Annual Site Visit � � Year 5 �Quarterly Site Visits� ' Additional formal monitoring may be � Year 6 � Annual Site Visit I needed to measure site attributes identified in performance standards(see MBI Section I Year 7 � Annual Site Visit I 3.3). I Year 8 � Annual Site Visit � � Year 9 � Annual Site Visit � � Year 10 � Annual Site Visit � 5.0 MONITORING TASKS AND METHODS The monitoring tasks are summarized in Table A-3. The specific methods to be used are discussed in more detail in the text that follows. Table A-3. Monitoring Tasks by Year Monitoring Monitoring Tasks Expected Site Visits Year (with Corresponding Performance Standard) Year 0 . Submittal of As-Built drawings depicting the grading, planting, habitat structure ' Several times during placement, and water routing structures will be submitted to BOC signatories at site construction. the completion of constructionlplanting(AIB-1,C-1, D-1,and E-1). Once upon completion . Establish conservation easement and submit(may occur before Year 0). of site construction/plant installation. Year 1 . Estimate density of living native woody stems in wetland planting areas (AIB-3A, Quarterly informal site C-3A, D-2A,and E3-A). visits. Monitoring . Estimate density of living native woody stems in upland and riparian upland activities will occur in planting areas(AIB-3B, C-3B and E-36). appropriate seasons . Estimate density of conifers in under-planted Forest Wetland Enhancement during quarterly site Areas(C-3C,D-26,and E-3C). visits. �i . Itlentify any populations of Japanese knotweed, purple loosestrife, English ivy, and other Class A and B noxious weed and remove(A/B-9,C-8,D-3,and E-8). . Identify and count habitat structures in all units to confirm installetl per as-built drawings(AIB-10,C-19,D-4,and E-9). . Conduct multiple early growing season monitoring visits to assess if wetland hydrology is present in the wetland re-establishment areas for at least 10%of the growing season in Units A, B,C,and E.(AIB-2A,C-2A,and E-2A). . Conduct informal monitoring visits in quarters other than that of formal monitoring to assess site conditions and identify any issues or problems. . GPS planting hummocks to be able to locate in future. . Take representative photos of each site to document progress. . Submit formal monitoring report and credit ledger. Appendix A August 2006 Monitoring Plan Page A-3 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Monitoring Monitoring Tasks Year (with Corresponding Performance Standard) Expected Site Visits Year 2 . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, Quarterly site visits antl other Class A antl B noxious weed and remove(AIB-9,C-8, D-3,and E-8). . Conduct multiple early growing season monitoring visits to assess if wetlantl hydrology is present in the wetland re-establishment areas for at least 10%of the growing season in Units A, B,C,and E.(AIB-2A,C-2A,and E-2A). . Monitor for any standards not achieved in Year 1 to assess for credit release. . Conduct quarterly informal site visits to assess site conditions and identify any issues or problems. . Submit monitoring report and credit ledger. Year 3 . Conduct multiple early growing season monitoring visits to assess if wetland Quarterly site visits. hydrology is present in the wetland re-establishment areas for at least 10%of the Monitoring activities growing season in Units A, B,C,and E.(AIB-2A,C-2A,and E-2A). will occur in . Document the extent of over-bank flooding from Springbrook Creek during late appropriate seasons winter andlor early spring storm-events in Units A and B (AIB-2A). during quarterly site . Determine the extent of permanent un-vegetated open water in Units A, B, and E visits. during summer monitoring visit(AIB-26 and E-2B). . Determine if inundation is still evitlent in the northern portion of Unit D on June 15�h(D-1 B). . Estimate density of living native woody stems in wetland planting areas (AIB-4, C-4A,and E-4). . Estimate the density of living conifers per acre in the Wetland Enhancement Type I areas in Unit C(C-46). . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, and other Class A and B noxious weed and remove(AIB-9,C-8, D-3,and E-8). . Take representative photos of each site to document progress. . Conduct informal monitoring visits in quarters other than that of formal monitoring to assess site conditions and identify any issues or problems. . Submit formal monitoring report and credit letlger. Year 4 . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, Quarterly site visits and other Class A and B noxious weed and remove(AIB-9,C-8, D-3,and E-8). . Monitor for any standards not achieved in prior years to assess for credit release. . Conduct quarterly informal site visits to assess site conditions and identify any issues or problems. . Submit monitoring report and credit letlger. Year 5 . Conduct wetland delineations in Wetland Re-Establishment areas in Units A, B, Quarterly site visits. C,and E(AIB-2C,C-2B,and E-2B). Monitoring activities . Conduct wetland delineation of existing wetlands in Units A and B to tlocument will occur in that berm breaches have not adversely affected wetlands in these units(AIB-2C). appropriate seasons . Determine the extent of permanent un-vegetated open water in Units A, B, antl E during quarterly site during summer monitoring visit(A/B-26 and E-26). visits. . Estimate aerial cover of native woody vegetation in Wetland Tree/Shrub planting areas in Units A, B,C,and E(AIB-5A,C-5A,and E-5A). . Determine if three native woody species are each providing a minimum of 5% aerial cover in the wetland planting areas in Units A, B, C, and E (A/B-5B, C-5B, and E-56). . Determine if planting hummocks have a minimum of 1 living tree per hummock in Units A and B(A/B-8). . Estimate aerial cover of native woody vegetation in the Upland and Riparian Upland Planting areas in Units A, B,C and E(A/B-5C,C-5C,and E-5C). . Determine if three native woody species are providing at least 3% cover each in the Upland and Riparian Upland planting areas in Units A, B, C, and E (A/B-5D, Appendix A August 2006 Monitoring Plan Page A-4 FINAL �'� Springbrook Creek Wetland and Habitat Mitigation Bank Instrument I Monitoring Monitoring Tasks Year (with Corresponding Performance Standard) Expected Site Visits G5D,and E-5D). I . Estimate density of conifers in under-planted Forest Wetland Enhancement �� Areas(C-3C, D-26,antl E-3C). . Estimate aerial cover of Himalayan blackberry in uplands at Units A, B, C,and E, over entire site at Unit D, and in the re-establishment area in Units C and E. Verify that Himalayan blackberry does not cover more than 20%of the uplands at any site or more than 10%of the re-establishment areas(AIB-9, C-8, D-3,and E- 8). . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, and other Class A and B noxious weed and remove(A/B-9,C-8, D-3,and E-8). . Take representative photos of each site to document progress. . Submit formal monitoring report and credit ledger. Year 6 . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, Annual site visit and other Class A and B noxious weed and remove(AIB-9,C-8,D-3,and E-8). . Monitor for any standards not achieved in prior years to assess for credit release. . Submit report (if prior year standards monitored for credit release) and credit ledger. Year 7 . Estimate aerial cover of native woody vegetation in Wetland TreelShrub planting Annual site visit areas in Units A, B,C,and E(A/B-6,C-6A,and E-6). . Estimate density of living native conifers in Wetland Enhancement Type I areas in Unit C(C-6B). . Determine if inundation is still evitlent in the northern portion of Unit D on June 15�h(D-1 B). . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, and other Class A and B noxious weed and remove(A/B-9,C-8,D-3,and E-8). . Monitor for any standards not achieved in prior years to assess for credit release. . Take representative photos of each site to document progress. . Submit formal monitoring report and cretlit ledger. Year 8 . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, Annual site visit and other Class A and B noxious weed and remove(A/B-9,C-8,D-3,and E-8). . Monitor for any standards not achieved in prior years to assess for credit release. . Submit report (if prior year standards monitored for credit release) and credit letlger. Year 9 . Identify any populations of Japanese knotweed, purple loosestrife, English ivy, Annual site visit and other Class A and B noxious weed antl remove(A/B-9,C-8,D-3,and E-8). . Monitor for any standards not achieved in prior years to assess for credit release. . Submit report (if prior year standards monitored for credit release) and credit ledger. Year 10 . Estimate the aerial cover of native woody vegetation in Wetland Tree/Shrub Annual site visit planting areas in Units A,B,C,and E(A/B-7A,C-7A,and E-7A). . Determine if two native woody species are each providing a minimum of 10% aerial cover in the Wetland TreelShrub planting areas in Units A, B, C, antl E (A/B-76,C-76,and E-7B). . Estimate the aerial cover of native wootly vegetation in the Upland and Riparian Upland planting areas in Units A, B,C,and E(AIB-7C,C-7C,and E-7C). . Determine if two native woody species are each providing a minimum of 7% in the Uplantl antl Riparian Upland planting areas in Units A, B, C, and E. (AIB-7D, C-7D,and E-7D). . Identify any populations of Japanese knotweetl, purple loosestrife, English ivy, and other Class A and B noxious weed and remove(AIB-9,C-8, D-3,and E-8). . Determine if planting hummocks have a minimum of 1 living tree per hummock in Appendix A August 2006 Monitoring Plan Page A-5 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument Monitoring Monitoring Tasks Expected Site Visits � Year I (with Corresponding Performance Standard) I Units A antl B(A/B-8). . Estimate aerial cover of Himalayan blackberry in uplands Units A, B, C, and E, over entire site at Unit D, and in the re-establishment area in Units C and E. Verify that Himalayan blackberry does not cover more than 20%of the uplands at any site or more than 10%of the re-establishment areas(A/B-9, C-8, D-3,and E- 8). . Conduct wetland delineations in Wetland Re-Establishment areas in Units A, B, C,and E(AIB-2C,G26,and E-2B). . Conduct wetland delineation of existing wetlands in Units A and B to tlocument that berm breaches have not adversely affected wetlands in these units(AIB-2C). . Determine the extent of permanent un-vegetated open water in Units A, B, antl E during summer monitoring visit(A/B-26 and E-26). . Take representative photos of each site to document progress. . Submit formal monitorinq report and credit ledqer. After Year 10 . Monitor for any standartls not achievetl in prior years to assess for credit release. Periodic site visits . Submit report(if prior standards monitoretl for cretlit release)and cretlit ledqer. Appendix A August 2006 Monitoring Plan Page A-6 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 51 Conduct formal monitoring (Years 1, 3, 5, 7, and 10). Formal monitoring addresses the site's fulfillment of project goals, objectives, and performance standards. It may include qualitative and/or quantitative monitoring that is summarized in a monitoring report and submitted to the BOC. Quantitative formal monitoring will attempt to provide an estimate with a confidence level of 80 percent and confidence interval of 20 percent to address standards requiring biostatistical sampling methods to address. Formal monitoring will be conducted during Years 1, 3, 5, 7, and 10, which have performance standards to address. Formal monitoring may also be conducted in additional years not listed to assess performance standards not met in designated years. 5.2 Conduct informal monitoring (Years 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10). In contrast to formal monitoring, informal monitoring is intended to provide a general overview of site progress versus a direct assessment of performance standards. A qualitative visual inspection of the mitigation area will be conducted to identify concerns associated with meeting project goals and objectives. Informal monitoring may also quantitatively addresses some performance standards of coming years to assess progress toward meeting future goals, but may be less statistically rigorous than formal monitoring. Informal monitoring will be the only monitoring method during years 2, 4, 6, 8, and 9 for which there are no performance standards, although qualitative methods will also be employed during some informal site visits in years of formal monitoring. Informal monitoring will also identify any noxious weed of other invasive species issues that need to be addressed at the site. 5.3 Complete monitoring report and submit to the BOC (Years l, 2, 3, 4, 5, 7, and 10). Monitoring reports will provide a description of site conditions observed during the past year. Reports will include results from formal and/or informal monitoring visits, along with an assessment of site conditions as they relate to the performance standards outlined in the MBI. Results of monitoring will lead to recommendations for any management and/or contingency actions that may be necessary to ensure that the objectives and goals of the Springbrook Bank are met. The monitoring report will also describe adaptive management activities that may be necessary or have been implemented to meet current and future performance standards. Monitoring reports will be submitted to the BOC in Years 1, 2, 3, 4, 5, 7, and 10, additional reports may be submitted in years not specified if unmet performance standards from prior years have been monitored. 5.4 Verify habitat structures still exist per as-built drawings (Year 1) (Performance Standards A/B-11, C-10, D-5, and E-10) Locate all habitat structures shown in as-built drawings in Units A, B, C, D, and E in Year 1 to verify they were installed per plan and remain on-site. 5.5 Determine density of native woody stems within Wetland Tree/Shrub planting areas in Units A, B, C, D, and E (Years 1 and 3) (Performance Standards A/B-3A, A/B-4, C-3A, C-4A, D-2A, E-3A, and E-4). The density of living native woody stems per acre in the Wetland Tree/Shrub planting areas will be determined in Years 1 and 3 using randomly placed un-equal area belt transects as described by Stehman and Salzer (2000) or other methods determined appropriatc f'or the site. This Appendix A August 2006 Monitoring Plan Page A-7 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument estimate will include any natural recruitment of native species in addition to planted materials. Transects will be randomly placed along a perpendicular baseline, with the long axis of each transect running parallel to the strongest environmental gradient. Sampling objectives for this rype of monitoring include two components related to the precision of the estimate: • The confidence level. How confident are you that your confidence interval will include the true value? • The confidence interval width. How wide is the range you are willing to accept around your estimated value? The sampling objective is to be 80 percent confident that the true number of woody stems per acre in wetland planting areas at Springbrook Bank is within 20 percent of the estimated density. The estimate generated via sampling will be compared to the relevant performance standards to determine if the standards have been met and if the associated credits are eligible for release. 5.6 Estimate density of native woody stems within the Upland and Riparian Upland planting areas in Unit A, B, C, and E (Year 1) (Performance Standards A/B-3B, C-3B, and E-3B). The density of living native woody stems per acre in the Upland and Riparian Upland planting areas will be determined in Year 1 using randomly placed un-equal area belt transects as described by Stehman and Salzer (2000) or other methods determined appropriate for the site. This estimate will include any natural recruitment of native species in addition to planted vegetation. Transects will be randomly placed along a perpendicular baseline, with the long axis of each transect running parallel to the strongest environmental gradient. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. 5.7 Determine if soils are saturated to the surface, or standing water will be present 12 inches below the surface or less, for at least 10% of the growing season in the wetland re-establishment areas in Units A, B, C and E. (Year 3) (Performance Standards A/B-2A, C-2A, and E-2A). The wetland re-establishment areas in Units AB (in berm breaches), C, and E will be visited in the early growing season (beginning the first of March) of Years 0-3 to determine if wetland hydrology exists in these areas. Multiple hand-dug holes will be dug along the edges of these areas looking for water within 12 inches of the surface and observations documented. These visits will be repeated in subsequent weeks documenting the duration of wetland hydrology in the early growing season. Wetland hydrology must be documented for at least 25 days in the growing season to meet the 10% criterion stated in the performance standards. A qualifying year must have rainfall that meets or exceeds the thirty year average as measured at SEA/TAC International Airport (httn://www.wrcc.dri.edu/c�i-bin/cIiMONtpre.pl?waseat). 5.8 Monitor the extent of over bank flooding in Units A and B during or after late- winter/early-spring storm events (Year 3) (Performance Standard A/B-2B). Site visits during the late winter/early spring (January through March) will correlate crest gages with the upstream USGS gage station (USGS 121 13346 SPRING BROOK CREEK AT � Appendix A August 2006 Monitoring Plan Page A-8 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument ORILLIA, WA [http://waterdata.us�s.gov/wa/nwis/uv?12113346�). Looking at the on-line USGS gage data and comparing the peak stage at the USGS gage to the data from on-site crest gauges and on-site monitoring may accomplish this task. By comparing the crest gage water surface elevations with site topography the extent of flooding generated by a specific peak water surface elevation can be estimated. If this method does not prove practical and to supplement gauge observations, on-site observations and photos of inundation (such as high water marks, drift lines, and other indicators of hydrology) can be used to indicate the extent of over-bank flooding and meet the intent of this standard. 5.9 Estimate the density of living conifers per acre in the Wetland Enhancement Type I areas in Unit C (Years 3 and 7) (Performance Standards C-4B and C-6B). The density of living native conifers per acre in the Wetland Enhancement Type I areas will be determined in Years 3 and 7 using randomly placed un-equal area belt transects as described by Stehman and Salzer (2000) or other methods determined appropriate for the site. This estimate will include any natural recruitment of native conifer species in addition to planted materials. Transects will be randomly placed along a perpendicular baseline, with the long axis of each transect running parallel to the strongest environmental gradient. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. 5.10 Estimate aerial cover of woody vegetation in Wetland Tree/Shrub planting areas in Units A, B, C, and E (Years 5, 7, and 10) (Performance Standards A/B-SA, A/B-6, A/B-7A, C-SA, C-6, C-7A, E-5A, E-6, and E-7A) The aerial cover of native woody vegetation in Wetland Tree/Shrub planting areas in each unit will be determined in Years 5, 7, and 10 using randomly placed sample units and line-intercept method as described in Elzinga et aL (1998) or other statistically appropriate method. Data will be collected by species. Transects will be placed perpendicular to the strongest environmental gradient. Sampling objectives are to be 80 percent confident that the estimate is within 20 percent of the true value. Estimates derived from sampling will be compared to the relevant performance standard to assess if the standards are being met and if the associated credits are eligible for release. 5.11 Determine if three native woody species have 5% or greater cover in the Wetland Tree/Shrub planting areas in Units A, B, C, and E (Year 5) (P rf rmance Standards A/B-5B C-SB C-7B and E-SB e o , , , ) Using the aerial cover by species data collected in Year 5 for the Wetland Tree/Shrub planting areas in Units A, B, C, and E, determine if three native woody species each provide five percent cover in each unit listed. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. Appendix A August 2006 Monitoring Plan Page A-9 I __-- FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 5.12 Determine if 2 native woody species have 10% or greater cover in the Wetland Tree/Shrub planting areas in Units A, B, C, and E (Year 10) (Performance Standards A/B-7C, C-7B, and E-7B) Using the aerial cover by species data collected in Year 10 for the Wetland Tree/Shrub planting areas in Units A, B, C, and E determine if two native woody species each provide 10% cover in each unit listed. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. 5.13 Estimate aerial cover of native woody vegetation in the Upland and Riparian Upland planting areas in Units A, B, C and E (Years 5 and l0) (Performance Standards A/B-SC, GSC, and E-SC). The aerial cover of native woody vegetation in the Upland and Riparian Upland planting areas in Units A, B, C, and E will be determined in Years 5 and 10 using randomly placed sample units and line-intercept method as described in Elzinga et al. (1998) or other statistically appropriate methods. Data will be collected by species. Transects will be placed perpendicular to the strongest environmental gradient. Sampling objectives are to be 80 percent confident that the estimate is within 20 percent of the true value. Estimates derived from sampling will be compared to the relevant performance standard to assess if the standards are being met and if the associated credits are eligible for release. 5.14 Determine if 3 native woody species have 3% or greater aerial cover in the Upland and Riparian Upland planting areas in Units A, B, C, and E (Year _5) (Performance Standards A/B-SD, C-SD, and E-5D). Using the aerial cover by species data collected in Year 5 for tl�e Upland and Riparian Upland planting areas in Units A, B, C, and E determine if three native woody species each provide three percent cover in each unit listed. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. 5.15 Determine if 2 native woody species have 7% or greater aerial cover in the Upland and Riparian Upland planting areas in Units A, B, C, and E (Year 10) (Performance Standards A/B-7D, C-7D, and E-7D). Using the aerial cover by species data collected in Year 10 for the Upland and Riparian Upland planting areas in Units A, B, C, and E determine if two native woody species each provide seven percent cover in each unit listed. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. S.16 Determine density of living native conifer plantings in the Forested Wetland Enhancement areas in Units C, D, and E (Years 1, 5 and ]0) (Performance Standards C-3B, D-2B, and E-3C) In Years 1, 5, and 10, the density of living native conifers in the Forested Wetland Enhancement Areas shown on the treatment maps (Figures 2-1 through 2-5) will be determined using randomly placed un-equal area belt transects as described by Stehman and Salzer (2000) or other methods determined appropriate for the site. This estimate will include any natural recruitment of native conifer species in addition to planted materials. Transects will be randomly placed alon� a perpendicular baseline, with the long axis of each transect running parallel to the strongest Appendix A August 2006 Monitoring Plan Page A-10 F[NAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument �� environmental gradient. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. 5.17 Determine if at least one living native tree is present per planting hummock in Units A and B (Years 5 and 10) (Performance Standard A/B- 8) Locate planting hummocks in Units A and B in Years 5 and 10. Count the number of living native trees per hummock and determine if each hummock has at least one living native tree present. Results will be compared to the relevant performance standards to assess if the standards are being met and if the associated credits are eligible for release. 5.18 Identify and remove any purple loosestrife, English ivy, and/or Japanese knotweed (Years 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10) (Performance Standards A/B-9, C-8, D-3, and E-8) Walk through all units to identify existing populations of purple loosestrife, English ivy, Japanese knotweed, and/or any other noxious weeds listed for control by the King County Noxious Weed Board (httn://dnr.metrokc.�ov/wlr/lands/weeds/laws.htm). Mark all invasive species populations needing control with flagging and/or GPS data and notify appropriate WSDOT staff to schedule removal of the target species. 5.19 Determine the extent of un-vegetated open water in Units A, B and E during the summer monitoring visit (Years 3, 5, and 10) (Performance Standards A/B-2B and E-2B) During the summer formal monitoring visits make a qualitative estimate of the extent of un- vegetated open water present in Units A, B, and E. The extent of un-vegetated open water in these units is not to exceed 10% of the any one unit. 5.20 Determine if inundation is still present in the Northern portion of Unit D on June 15th (Years 3 and 7) (Performance Standard D-1B) Visit Unit D on June 15`" of Years 3 and 7 and document the presence or lack of inundation in the northern portion of the unit using photographs and field notes. 5.21 Estimate the aerial cover of Himalayan blackberry in the uplands of Units A, B, C (include WL forest underplanting areas w/ uplands in Unit C), and E, over the entirety of Unit D, and in the re-establishment areas in Units C and E (Years 5 and 10) (Performance Standards A/B-9, C-8, D-3, and E-8) In Years 5 and 10 estimate the aerial cover of Himalayan blackberry in the upland areas of Units A. B, and E. In Unit C include the Forested Wetland Enhancement area in with the uplands and develop an estimate for these areas combined. In addition, estimate the aerial cover of Himalayan blackberry in the Wetland Re-Establishment areas in Units C and E. In Unit D develop an estimate of blackberry cover over the entire site. See the relevant performance standards to confirm the cover criteria, but in general the maximum is 20% cover the uplands and Forested Wetland Enhancement area of Unit C and 10% in the Wetland Re-Establishment areas. Appendix A August 2006 Monitoring Plan Page A-1 1 FINAL � Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 5.22 Take representative photo points of the sites (Years 1, 3, 5, 7, and 10) Take photographs from permanent locations, if possible the locations will be documented on the as-built drawings. The photographs are intended to document the progress of each component of the Bank, as well as the Bank in general, toward achieving the objectives and performance standards of the Bank. Photo-monitoring should include general vantage points around the margin of the Bank, vantage points within the Bank, and at specific monitoring locations such as transects and/or sampli�lg points." Appendix A August 2006 Monitoring Plan Page A-12 FINAL Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 6.0 REFERENCES Cowardin, L.M., and V. Cargter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands artd Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. FWS/OBS 79/31. Elzinga, C. L., D. W. Salzer, and J. W. Willoughby. 1998. Measuring and Monitoring Plant Populations. Bureau of Land Management Technical Reference 1730-1, BLM/RS/ST- 98/005+1730. National Business Center, Denver, CO. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1, US Army Engineer Waterways Experiment Station, Vicksburg, MS. Stehman, Stephen V. and Daniel W. Salzer. 2000. Estimating Density From Surveys Employing U�aequal-Area Belt Transects. WETLANDS. Vol. 20. No. 3. pp. 512-519. The Society of Wetland Scientists. Ann Arbor, MI. Washington State Department of Ecology. 1997. Washington State Wetlands Identification and Delineation Manual. Washington State Department of Ecology. Publication #96-94. http://www.ecv.wa.�ov/pubs/9694.pdf Appendix A August 2006 Monitoring Plan Page A-13