HomeMy WebLinkAbout01 Appendix A - Permits
APPENDIX A: PERMITS
NATIONWIDE PERMIT 3
Terms and Conditions
Effective Date: March 19, 2017
A. Description of Authorized Activities
B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs
C. Corps Seattle District Regional General Conditions
D. Corps Regional Specific Conditions for this NWP
E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401
Certification): General Conditions
F. Ecology 401 Certification: Specific Conditions for this NWP
G. Coastal Zone Management Consistency Response for this NWP
In addition to any special condition that may be required on a case-by-case basis by the District Engineer,
the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP)
authorization to be valid in Washington State.
A. DESCRIPTION OF AUTHORIZED ACTIVITIES
Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently
serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3,
provided that the structure or fill is not to be put to uses differing from those uses specified or
contemplated for it in the original permit or the most recently authorized modification. Minor deviations
in the structure's configuration or filled area, including those due to changes in materials, construction
techniques, requirements of other regulatory agencies, or current construction codes or safety standards
that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also
authorizes the removal of previously authorized structures or fills. Any stream channel modification is
limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such
modifications, including the removal of material from the stream channel, must be immediately adjacent
to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in
the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, reh abilitation, or
replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete
events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to
commence, within two years of the date of their destruction or damage. In cases of catastrophic events,
such as hurricanes or tornadoes, this two -year limit may be waived by the district engineer, provided the
permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the
removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g.,
bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the
minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions
that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the
structure. This 200 foot limit does not apply to maintenance dred ging to remove accumulated sediments
blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated
sediments from canals associated with outfall and intake structures. All dredged or excavated materials
must be deposited and retained in an area that has no waters of the United States unless otherwise
specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes
temporary structures, fills, and work, including the use of tem porary mats, necessary to conduct the
maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and
minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges,
including cofferdams, are necessary for construction activities, access fills, or dewatering of construction
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sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by
expected high flows. After conducting the maintenance activity , temporary fills must be removed in their
entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary
fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the
primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not
authorize new stream channelization or stream relocation projects. Notification: For activities authorized
by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity (see general condition 32). The pre -construction notification
must include information regarding the original design capacities and configurations of the outfalls,
intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899
and section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair,
rehabilitation, or replacement of any previously autho rized structure or fill that does not qualify for the
Clean Water Act section 404(f) exemption for maintenance.
B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs
To qualify for NWP authorization, the prospective permittee must comply with the following general
conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division
engineer or district engineer. Every person who may wish to obtain permit authorization under one or
more NWPs, or who is currently relying on an existing or prior permit authorization under one or more
NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every
NWP authorization. Note especially 33 CFR 330.5 relating to the modification, su spension, or revocation
of any NWP authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any
safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be
installed and maintained at the permittee's expense on authorized facilities in navigable waters of the
United States. (c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alterati on, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the permittee w ill be required,
upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of
those species of aquatic life indigenous to the waterbody, including those species that normally migrate
through the area, unless the activity's primary purpose is to impound wat er. All permanent and temporary
crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to
maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be
used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life
movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the
maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation,
fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas
for migratory birds must be avoided to the maximum extent practicable.
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5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity
is directly related to a shellfish harvesting activity authorized by N WPs 4 and 48, or is a shellfish seeding
or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).
Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see
section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except
where the activity is for the repair or improvement of public water supply intake structures or adjacent
bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects
to the aquatic system due to accelerating the passage of water, and/or restricting its f low must be
minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction course,
condition, capacity, and location of open waters must be maintained for each activity, including stream
channelization, storm water management activities, and temporary and permanent road crossings, except
as provided below. The activity must be constructed to withstand expected high flows. The activity must
not restrict or impede the passage of normal or hi gh flows, unless the primary purpose of the activity is to
impound water or manage high flows. The activity may alter the pre -construction course, condition,
capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restora tion or
relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA -approved state
or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction, and all expose d soil and other fills, as
well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at
the earliest practicable date. Permittees are encouraged to perform work within waters of the United
States during periods of low-flow or no-flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas
returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including
maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as
any activity-specific conditions added by the district engineer t o an NWP authorization.
15. Single and Complete Project . The activity must be a single and complete project. The same NWP
cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a “study river” for possible
inclusion in the system while the river is in an official study status, unless the appropriate Federal agency
with direct management responsibility for such river, has det ermined in writing that the proposed activity
will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP
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activity will occur in a component of the National Wild and Scenic River System, or in a river officially
designated by Congress as a “study river” for possible inclusion in the system while the river is in an
official study status, the permittee must submit a pre-construction notification (see general condition 32).
The district engineer will coordinate the PCN with the Federal agency with direct management
responsibility for that river. The permittee shall not begin the NWP activity until notified by the district
engineer that the Federal agency with direct management responsibility for that river has determi ned in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or
study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency responsible for the designated Wild and Scenic River or study river (e.g.,
National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife
Service). Information on these rivers is also available at: http://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights
(including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the crit ical habitat of such species. No activity is
authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7
consultation addressing the effects of the proposed activity has been completed. Direct effects are the
immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are
those effects on listed species and critical habitat that are caused by the NWP activity and are later in
time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for
complying with the requirements of the ESA. If pre -construction notification is required for the proposed
activity, the Federal permittee must provide the district engineer with the appropriate d ocumentation to
demonstrate compliance with those requirements. The district engineer will verify that the appropriate
documentation has been submitted. If the appropriate documentation has not been submitted, additional
ESA section 7 consultation may be necessary for the activity and the respective federal agency would be
responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must
submit a pre-construction notification to the district engineer if any listed species or designated critical
habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat, and shall not begin work on the activity until notified by the district engineer that the
requirements of the ESA have been satisfied and that the activity is authorized. For activities that might
affect Federally-listed endangered or threatened species or designated critical habitat, the pre -construction
notification must include the name(s) of the endangered or threatened species that might be affected by
the proposed activity or that utilize the designated critical habitat that might be affected by the proposed
activity. The district engineer will determine whether the proposed activity “may affect” or will have “no
effect” to listed species and designated critical habitat and will notify the non -Federal applicant of the
Corps’ determination within 45 days of receipt of a complete pre -construction notification. In cases where
the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the
vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps
has provided notification that the proposed activity will have “no effect” on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has not
heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add
species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not
authorize the “take” of a threatened or endangered species as defi ned under the ESA. In the absence of
separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take”
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to
the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word
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“harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may
include significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) I f the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an
approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP
activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the
PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the
agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity
and the associated incidental take were considered in the internal ESA section 7 consultation conducted
for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that
the proposed NWP activity and the associated incidental take were considered in the internal ESA section
7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a
separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the
non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the
ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7
consultation is required. (g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web
pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/s pecies/esa/
respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action
complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The
permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to
determine applicable measures to reduce impacts to migratory birds or eagles, including whether
“incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and
Golden Eagle Protection Act for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the
potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures
for complying with the requirements of section 106 of the National Historic Preservation Act. If pre -
construction notification is required for the proposed NWP activity, the Federal permittee must provide
the district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verify that the appropriate documentation has been submitted. If
the appropriate documentation is not submitted, then additional consultation under section 106 may be
necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section
106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the
NWP activity might have the potential to cause effects to any historic properties listed on, determined to
be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places,
including previously unidentified properties. For such activities, the pre -construction notification must
state which historic properties might have the potential to be affected by the proposed NWP activity or
include a vicinity map indicating the location of the historic properties or the potential for the presence of
historic properties. Assistance regarding information on the location of, or potential for, the presence of
historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation
Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places
(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply
with the current procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts, which may include background research, consultation, oral history
interviews, sample field investigation, and field survey. Base d on the information submitted in the PCN
and these identification efforts, the district engineer shall determine whether the proposed NWP activity
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has the potential to cause effects on the historic properties. Section 106 consultation is not required when
the district engineer determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer
determines that the activity has the potential t o cause effects on historic properties. The district engineer
will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes
any of the following effect determinations for the purposes of section 106 of the NHPA: n o historic
properties affected, no adverse effect, or adverse effect. Where the non -Federal applicant has identified
historic properties on which the activity might have the potential to cause effects and so notified the
Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either
that the activity has no potential to cause effects to historic properties or that NHPA section 106
consultation has been completed. (d) For non-federal permittees, the district engineer will notify the
prospective permittee within 45 days of receipt of a complete pre-construction notification whether
NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district
engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106
consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,
the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware
that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other
assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has
intentionally significantly adversely affected a historic property to which the permit would relate, or
having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after
consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant. If
circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any historic
properties affected, and proposed mitigation. This documentation must include any views obtained from
the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic
properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a
legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown
historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this
permit, you must immediately notify the district engineer of what you have found, and to the maximum
extent practicable, avoid construction activities that may affect the remains and artifacts until the required
coordination has been completed. The district engineer will initiate the Federal, Tribal, and state
coordination required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine
sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment, additional waters officially designated by a
state as having particular environmental or ecological sig nificance, such as outstanding national resource
waters or state natural heritage sites. The district engineer may also designate additional critical resource
waters after notice and opportunity for public comment. (a) Discharges of dredged or fill materia l into
waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43,
44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including
wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36,
37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed
in the designated critical resource waters including wetlands adjacent to t hose waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts to the
critical resource waters will be no more than minimal.
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23. Mitigation. The district engineer will consider the following facto rs when determining appropriate and
practicable mitigation necessary to ensure that the individual and cumulative adverse environmental
effects are no more than minimal: (a) The activity must be designed and constructed to avoid and
minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum
extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing,
rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to
ensure that the individual and cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for -one ratio will be required for all wetland losses that
exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more environmentally appropriate or the
adverse environmental effects of the proposed activity are no more than minimal, and provides an
activity-specific waiver of this requirement. For wetland losses of 1/10 -acre or less that require pre-
construction notification, the district engineer may determine on a case -by-case basis that compensatory
mitigation is required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction notification, the district
engineer may require compensatory mitigation to ensure that the act ivity results in no more than minimal
adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if
practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to-
replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or
near streams or other open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easem ents) of riparian areas next to open waters. In
some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory
mitigation required. Restored riparian areas should consist of native species. The width of the required
riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the
riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require
slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not
possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a
lake or coastal waters, then restoring or maintaining/protecting a riparian area along a singl e bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district
engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands
compensation) based on what is best for the aquatic environment on a watershed basis. In cases where
riparian areas are determined to be the most appropriate form of minimization or compensatory
mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory
mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate c ompensatory mitigation
option if compensatory mitigation is necessary to ensure that the activity results in no more than
minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing
compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR
332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits
are not available at the time the PCN is submitted to the district engineer, the district engineer may
approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation
required by the district engineer must be sufficient to ensure that the authorized activity results in no
more than minimal individual and cumulative adverse en vironmental effects (see 33 CFR
330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the
impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee-
responsible mitigation is the proposed option, the prospective permittee is responsible for submitting
a mitigation plan. A conceptual or detailed mitigation plan may be used by the d istrict engineer to
make the decision on the NWP verification request, but a final mitigation plan that addresses the
applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer
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before the permittee begins work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure
timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If
mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs
to address the baseline conditions at the impact site and the number of credits to be provided. (6)
Compensatory mitigation requirements (e.g., resource ty pe and amount to be provided as
compensatory mitigation, site protection, ecological performance standards, monitoring requirements)
may be addressed through conditions added to the NWP authorization, instead of components of a
compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits
of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it cannot be used to authorize any
NWP activity resulting in the loss of greater than 1/2 -acre of waters of the United States, even if
compensatory mitigation is provided that replaces or restores some of the lost waters. However,
compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already
meeting the established acreage limits also satisfies the no more than minimal impact requirement for the
NWPs. (h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee-
responsible mitigation. When developing a compensatory mitigation proposal, the permittee must
consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For
activities resulting in the loss of marine or estuarine resources, permittee -responsible mitigation may be
environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have
marine or estuarine credits available for sale or transfer to the permittee. For permittee -responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party or parties
responsible for the implementation and performance of the compensatory mitigation project, and, if
required, its long-term management. (i) Where certain functions and services of waters of the United
States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill
material into waters of the United States that will convert a forested or scrub -shrub wetland to a
herbaceous wetland in a permanently maintained utility line right -of-way, mitigation may be required to
reduce the adverse environmental effects of the activity to the no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,
the district engineer may require non-Federal applicants to demonstrate that the structures comply with
established state dam safety criteria or have been designed by qualified persons. The district engineer may
also require documentati on that the design has been independently reviewed by similarly qualified
persons, and appropriate modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously
certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must
be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require
additional water quality management measures to ensure that the authorized activity does not result in
more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal
zone management consistency concurrence, an individual state coastal zone man agement consistency
concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The
district engineer or a State may require additional measures to ensure that the authorized activity is
consistent with state coastal zone management requirements.
27. Regional and Case-By -Case Conditions. The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific
conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality
Certification, or by the state in its Coastal Zone Management Act consistency determination.
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28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and com plete
project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs
does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a
road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization
authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project
cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new
owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the
nationwide permit verification must be attached to the letter, and the letter must contain the following
statement and signature: “When the structures or work authorized by this nationwide permit are still in
existence at the time the property is transferred, the term s and conditions of this nationwide permit,
including any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below.”
_____________________________________________
(Transferee)
_____________________________________________
(Date)
30. Compliance Certification. Each permittee who receives an NWP verificat ion letter from the Corps
must provide a signed certification documenting completion of the authorized activity and
implementation of any required compensatory mitigation. The success of any required permittee -
responsible mitigation, including the achiev ement of ecological performance standards, will be addressed
separately by the district engineer. The Corps will provide the permittee the certification document with
the NWP verification letter. The certification document will include: (a) A statement that the authorized
activity was done in accordance with the NWP authorization, including any general, regional, or activity -
specific conditions; (b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee
program are used to satisfy the compensatory mitigation requirements, the certification must include the
documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee sec ured the appropriate
number and resource type of credits; and (c) The signature of the permittee certifying the completion of
the activity and mitigation. The completed certification document must be submitted to the district
engineer within 30 days of com pletion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires
permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently
occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a
“USACE project”), the prospective permittee must submit a pre-construction notif ication. See paragraph
(b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by
NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the
USACE project, and the district engineer issues a written NWP verification.
32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective
permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as
possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date
of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30
day period to request the additional information necessary to make the PCN complete. The request must
specify the information needed to make the PCN complete. As a general rule, district engineers will
10
request additional information necessary to make the PCN complete only once. However, if t he
prospective permittee does not provide all of the requested information, then the district engineer will
notify the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested informatio n has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under the
NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer. However, if
the permittee was required to notify the Corps pursuant to general condition 18 that listed species or
critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to
general condition 20 that the activity might have the potential to cause effects to historic properties, the
permittee cannot begin the activity until receiving written notification from the Corps that there is “no
effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation
required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin
under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not
begin the activity until the district engineer issues the waiver. If the district or division engineer notifies
the permittee in writing that an individual permit is required within 45 calendar days of receipt of a
complete PCN, the permittee cannot begin the activity until an individual permit has been obtained.
Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked
only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize
the proposed activity;
(4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse
environmental effects the activity would cause, including the anticipated amount of loss of wetlands,
other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear
feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended
to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s),
regional general permit(s), or indiv idual permit(s) used or intended to be used to authorize any part of
the proposed project or any related activity, including other separate and distant crossings for linear
projects that require Department of the Army authorization but do not require pre -construction
notification. The description of the proposed activity and any proposed mitigation measures should be
sufficiently detailed to allow the district engineer to determine that the adverse environmental effects
of the activity will be no more than minimal and to determine the need for compensatory mitigation
or other mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for eac h single
and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches
should be provided when necessary to show that the activity complies with the terms of the NWP.
(Sketches usually clarify the activity and when provid ed results in a quicker decision. Sketches should
contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a
conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project
site. Wetland delineations must be prepared in accordance with the current method required by the
Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the
project site, but there may be a delay if the Corps does the delineation, especially if the project site is
11
large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45
day period will not start until the delineation has been submitted to or completed by the Corps, as
appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and a
PCN is required, the prospective permittee must submit a statement describing how the mitigation
requirement will be satisfied, or explaining why the adverse environmental effects are no more than
minimal and why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat might be
affected or is in the vicinity of the activity, or if th e activity is located in designated critical habitat,
the PCN must include the name(s) of those endangered or threatened species that might be affected
by the proposed activity or utilize the designated critical habitat that might be affected by the
proposed activity. For NWP activities that require pre-construction notification, Federal permittees
must provide documentation demonstrating compliance with the Endangered Species Act;
(8) For non-Federal permittees, if the NWP activity might have the potenti al to cause effects
to a historic property listed on, determined to be eligible for listing on, or potentially eligible for
listing on, the National Register of Historic Places, the PCN must state which historic property might
have the potential to be affected by the proposed activity or include a vicinity map indicating the
location of the historic property. For NWP activities that require pre -construction notification, Federal
permittees must provide documentation demonstrating compliance with section 106 of the National
Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a “study river” for possible inclusion in the
system while the river is in an official study status, the PCN must identify the Wild and Scenic River
or the “study river” (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408
because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers
federally authorized civil works project, the pre-construction notification must include a statement
confirming that the project proponent has submitted a written request for section 408 pe rmission from
the Corps office having jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG
4345) may be used, but the completed application form must clearly indicate th at it is an NWP PCN and
must include all of the applicable information required in paragraphs (b)(1) through (10) of this general
condition. A letter containing the required information may also be used. Applicants may provide
electronic files of PCNs and supporting materials if the district engineer has established tools and
procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any
comments from Federal and state agencies concerning the proposed activity’s compliance with the terms
and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental
effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP
activities that require pre-construction notification and result in the loss of greater than 1/2 -acre of waters
of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP
13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve
discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of
500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal
waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the
district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or
other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS,
state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With th e exception
of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify
the district engineer via telephone, facsimile transmission, or e -mail that they intend to provide
substantive, site-specific comments. The comments must explain why the agency believes the adverse
12
environmental effects will be more than minimal. If so contacted by an agency, the district engineer will
wait an additional 15 calendar days before making a decision on the pre-construction notification. The
district engineer will fully consider agency comments received within the specified time frame
concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the
need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more
than minimal. The district engineer will provide no response to the resource agency, except as provided
below. The district engineer will indicate in the administrative record associated with each pre-
construction notification that the resource agencies’ concerns were considered. For NWP 37, the
emergency watershed protection and rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant l oss of property or economic hardship will occur. The
district engineer will consider any comments received to decide whether the NWP 37 authorization
should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a
response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation
recommendations, as required by section 305(b)(4)(B) of the Magn uson-Stevens Fishery Conservation
and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or
multiple copies of pre-construction notifications to expedite agency coordination.
District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. If a project
proponent requests authorization by a specific NWP, the district engineer should issue the NWP
verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines,
after considering mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest and
exercises discretionary authority to require an individual permit for the proposed ac tivity. For a linear
project, this determination will include an evaluation of the individual crossings of waters of the United
States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as
the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver
of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in
NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver
upon a written determination that the NWP activity will result in only minimal individual and cumulative
adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of
intermittent and ephemeral stream bed and a 1/2 -acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51,
and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters
and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects
determinations the district engineer will consider the direct and indirect effects caused by the NWP
activity. He or she will also consider the cumulative adverse environmental effects caused by activities
authorized by NWP and whether those cumulative adverse environmental effects are no more than
minimal. The district engineer will also consider site specific factors, such as the environmental setting in
the vicinity of the NWP activity, the type of resour ce that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree or
magnitude to which the aquatic resources perform those functions, the extent that aquatic resource
functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region
(e.g., watershed or ecoregion), and mitigation r equired by the district engineer. If an appropriate
functional or condition assessment method is available and practicable to use, that assessment method
may be used by the district engineer to assist in the minimal adverse environmental effects determinat ion.
The district engineer may add case-specific special conditions to the NWP authorization to address site-
specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of
greater than 1/10-acre of wetlands, the pr ospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or
13
for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed
compensatory mitigation or other mitigation measures the applicant has included in the proposal in
determining whether the net adverse environmental effects of the proposed activity are no more than
minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district
engineer determines that the activity complies with the terms and conditions of the NWP and that the
adverse environmental effects are no more than minimal, after considering mitigation, the district
engineer will notify the permittee and include any activity -specific conditions in the NWP verification the
district engineer deems necessary. Conditions for compensatory mitigation requirements must comply
with the appropriate provisions at 33 CFR 332.3(k ). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the district
engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the
proposed compensatory mitigation plan. The district engineer must review the proposed compensatory
mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed
mitigation would ensure the NWP activity results in no more than minimal adverse environmental ef fects.
If the net adverse environmental effects of the NWP activity (after consideration of the mitigation
proposal) are determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to the app licant. The response will state that the NWP activity can
proceed under the terms and conditions of the NWP, including any activity -specific conditions added to
the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse
environmental effects of the proposed activity are more than minimal, then the district engineer will
notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and
instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would
reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is
authorized under the NWP with specific modifications or conditions. Where the district engineer
determines that mitigation is required to ensure no more than minimal adverse environmental effects, the
activity will be authorized withi n the 45-day PCN period (unless additional time is required to comply
with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49,
and 50), with activity-specific conditions that state the mitigation requirements. The authorization will
include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a
mitigation plan that would reduce the adverse environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan or has determined that prior approval of
a final mitigation plan is not practicable or not necessary to ensure time ly completion of the required
compensatory mitigation.
Further Information: 1. District Engineers have authority to determine if an activity complies with the
terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local
permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or
exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do
not authorize interference with any existing or proposed Federal project (see general condition 31).
C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions
apply to all NWPs for the Seattle District in Washington State, unless specified.
1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings
must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected.
Drawings must be originals and not reduced copies of large -scale plans. Engineering drawings are not
required. Existing and proposed site conditions (manmade and landscape features) must be drawn to
scale.
14
2. Aquatic Resources Requiring Special Protection : Activities resulting in a loss of waters of the
United States in mature forested wetlands, bogs and peatlands, aspen -dominated wetlands, alkali
wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and
wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the
following NWPs:
NWP 3 – Maintenance
NWP 20 – Response Operations for Oil and Hazardous Substances
NWP 32 – Completed Enforcement Actions
NWP 38 – Cleanup of Hazardous and Toxic Waste
In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special
protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general
condition 32) and obtain written authorization before com mencing work.
3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank
stabilization in tidal waters in Water Resource Inventory Areas (WRIAs)
8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Co rps website) cannot be
authorized by NWP.
4. Commencement Bay: The following NWPs may not be used to authorize activities located in the
Commencement Bay Study Area (see Figure 2 on Corps website):
NWP 12 – Utility Line Activities (substations)
NWP 13 – Bank Stabilization
NWP 14 – Linear Transportation Projects
NWP 23 – Approved Categorical Exclusions
NWP 29 – Residential Developments
NWP 39 – Commercial and Institutional Developments
NWP 40 – Agricultural Activities
NWP 41 – Reshaping Existing Drainage Ditches
NWP 42 – Recreational Facilities
NWP 43 – Stormwater and Wastewater Management Facilities
5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require
PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only,
the following must be submitted to the Corps of Engineers:
a. The cause of the erosion and the distance of any existing structures from the area(s) being
stabilized.
b. The type and length of existing bank stabilization within 300 feet of the proposed project.
c. A description of current conditions and expected post -project conditions in the waterbody.
d. A statement describing how the project incorporates elements avoiding and minimizing adverse
environmental ef fects to the aquatic environment and nearshore riparian area, including vegetation
impacts in the waterbody.
In addition to a. through d., the results from any relevant geotechnical investigations can be submitted
with the PCN if it describes current or expected conditions in the waterbody.
6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying
crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the
Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S.
where salmonid species are present or could be present, the project must apply the stream simulation
design method from the Washington Department of Fish and Wildlife located in the Water Crossing
Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where
the salmonid species would naturally seek passage. If the stream simulation design method is not applied
15
for a culvert where salmonid species are present or could be present, the project proponen t must provide a
rationale in the PCN sufficient to establish one of the following:
a. The existence of extraordinary site conditions.
b. How the proposed design will provide equivalent or better fish passage and fisheries habitat
benefits than the stream simulation design method.
If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present,
project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert
will be assessed over a five-year period from the time of construction completion to ensure its
effectiveness in providing passage at all life stages at all flows where the salmonid species would
naturally seek passage. Culverts installed under emergency authorization that do no t meet the above
design criteria will be required to meet the above design criteria to receive an after -the-fact nationwide
permit verification.
7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream
beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater
than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is
designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes,
provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers,
and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to
ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case -
by-case basis provided the activities result in net increases of aquatic resource functions and services.
8. Mitigation: Pre-construction notification is required for any project that will result in permanent
wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23
(Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent
wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000
square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation
is required to ensure that the activity results in minimal adverse effects on the aquatic environment.
Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case -
by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may
require compensatory mitigation for temporal effects.
9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat
Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning,
breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the
prospective permittee must provide a written EFH assessment with an analysis of the effects of the
proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific
salmon, groundfish, and/or coastal -pelagic species) that may be affected. If the Corps of Engineers
determines the project will adversely affect EFH, consultat ion with NOAA Fisheries will be required.
Federal agencies should follow their own procedures for complying with the requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed
activity, Federal permittees must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements.
10. Forage Fish: For projects in forage fish spawning habitat, in -water work must occur within
designated forage fish work windows, or when forage fish are not spawning. If working outside of a
designated work window, or if forage fish work windows are closed year round, work may occur if the
work window restriction is released for a period of time after a forage fish spawnin g survey has been
conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW).
Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes
hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not
16
apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions
for NWP 48.
11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit
authorization letter, conditions, and permit drawings to all contractors and any other parties performing
the authorized work prior to the commencement of any work in waters of the U.S. The permittee must
ensure all appropriate contr actors and any other parties performing the authorized work at the project site
have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced
in the NWP letter. A copy of these documents must be maintained onsite t hroughout the duration of
construction.
12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before
beginning work on projects that involve grading or placement of fill. Boundary markers and/or
construction fencing must be maintained and clearly visible for the duration of construction. Permittees
should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the
maximum extent possible.
13. Temporary Impacts and Site Restoration
a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee
requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must
be identified in the PCN.
b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee
requests and receives a waiver from the district engineer (temporary fills do not affect specified limits
for loss of waters associated with specific nationwide permits).
c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used
for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre -
project ground surface contours. If native soil is not available from the project site for restoration,
suitable clean soil of the same textural class may be used. Other soils may be used only if identified in
the PCN.
d. The permittee must revegetate disturbed areas with nati ve plant species sufficient in number, spacing,
and diversity to restore affected functions. A maintenance and monitoring plan commensurate with
the impacts, may be required. Revegetation must begin as soon as site conditions allow within the
same growing season as the disturbance unless the schedule is approved by the Corps of Engineers.
Native plants removed from waters of the U.S. for project construction should be stockpiled and used
for revegetation when feasible. Temporary Erosion and Sediment Con trol measures must be removed
as soon as the area has established vegetation sufficient to control erosion and sediment.
e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation
(SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved
by the end of the monitoring period, contingencies must be implemented, and additional monitoring
will be required.
This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activi ties. Please see specific
regional conditions for NWP 48.
D. CORPS REGIONAL S PECIFIC CONDITIONS FOR THIS NWP : none
E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS
In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State
General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits
whether certified or partially certified in the State of Washington.
1. For in-water construction activities. Ecology Section 401 review is required for projects or
17
activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance
of a State water quality standard (Chapter 173 -201A WAC) or sediment management standard (Chapter
173-204 WAC). State water quality standards and sediment management standards are available on
Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below
the ordinary high water mark (OHWM).
2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for
projects or activities authorized under NWPs if the project or activity will oc cur in a 303(d) listed
segment of a waterbody or upstream of a listed segment and may result in further exceedances of the
specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a
waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools.
3. Application . For projects or activities that will require Ecology Section 401 review, applicants must
provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the
documentation provided to the Corps, as described in National General Condition 32, Pre -Construction
Notification, including, when applicable: (a) A description of the project, including site plans, project
purpose, direct and indirect adverse environmental effects the project would cause, best management
practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be
used to authorize any part of the proposed project or any related activity. (b) Drawings indicating th e
Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state.
Wetland delineations must be prepared in accordance with the current method required by the Corps and
shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification
by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A
statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation
or restoration plan may be submitted. See State General Condition 5 for details on mitigation
requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32,
Corps Regional Conditions, or notification conditions of the ap plicable NWP. (e) Within 180 calendar
days from receipt of applicable documents noted above and a copy of the final authorization letter from
the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will
provide the applicant notice of whether an individual Section 401 will be required for the project. If
Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed
waived.
4. Aquatic resources requiring special protection . Certain aquatic resources are unique, difficult -to-
replace components of the aquatic environment in Washington State. Activities that would affect these
resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high
value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some
landscape settings. Ecology Section 401 review is required for activities in or affecting the following
aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with
special characteristics (as defined in the Washington State Wetland Rating Systems for western and
eastern Washington, Ecology Publications #14-06-029 and #14-06-030):
• Estuarine wetlands.
• Wetlands of High Conservation Value.
• Bogs.
• Old-growth and mature forested wetlands.
• Wetlands in coastal lagoons.
• Interdunal wetlands.
• Vernal pools.
• Alkali wetlands.
(b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera
marina) beds (except for NWP 48). (d ) Category I wetlands. (e) Category II wetlands with a habitat score
≥ 8 points. This State General Condition does not apply to the following Nationwide Permits:
18
NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement
Actions
5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and
have first avoided and minimized impacts to aquatic resources wherever practicable. For projects
requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate
compensatory mitigation must be provided.
(a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most
current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on
Ecology’s website) and shall, at a minimum, include the following:
i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of
the U.S.
ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded).
iii. The rationale for the mitigation site that was selected.
iv. The goals and objectives of the compensatory mitigation project.
v. How the mitigation project will be accomplished, i ncluding construction sequencing, best
management practices to protect water quality, proposed performance standards for measuring success
and the proposed buffer widths.
vi. How it will be maintained and monitored to assess progress towards goals and objectiv es.
Monitoring will generally be required for a minimum of five years. For forested and scrub -shrub
wetlands, 10 years of monitoring will often be necessary.
vii. How the compensatory mitigation site will be legally protected for the long term.
Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology
Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology
Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on
selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of
alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other
programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in
proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff
person. Information on alternative mitigation approaches is available on Ecology’s website.
(b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis.
6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary
fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received
written approval from Ecology. Note: This State General Condition does not apply to projects or activities
authorized under NWP 33, Temporary Construction, Access, and Dewatering
7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces
must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in
stormwater runoff to waters of the S tate.
(a) For land disturbances during construction, the applicant must obtain and implement permits (e.g.,
Construction Stormwater General Permit) where required and follow Ecology’s current stormwater
manual.
(b) Following construction, prevention or treatment of on -going stormwater runoff from impervious
surfaces shall be provided.
Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available
on Ecology’s website.
8. State Section 401 Review for PCNs not receiving 45 -day response from the Seattle District. In the
event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of
receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401
review prior to commencing work.
19
F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP :
Certified subject to conditions. Ecology Section 401 review is required for projects or activities
authorized under this NWP if:
1. The project or activities are below the Ordinar y High Water Mark (OHWM) with new
work being proposed outside the original footprint.
2. The proposed project or activity increases the original footprint of the structure by more than 1/10 th
acre in wetlands.
3. The project or activity includes adding a new structure, such as a weir, flap gate/tide gate, or culvert
to the site.
G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP:
(Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King,
Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom)
Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following
condition: An individual Coastal Zone Management Consistency Determination is required for project or
activities under this NWP if State Section 401 review is required.
General Conditions: For Non-Federal Permittees
1. Necessary Data and Information. A Coastal Zone Management Program “Certification of
Consistency” form is required for projects located within a coastal county. “Certification of Consistency”
forms are available on Ecology’s website. The form shall include a description of the proposed project or
activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal
Zone Management Program (CZMP). Also, a map of the site location is required.
2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a
federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6
month period, concurrence with the CZMP is presumed.
General Conditions: For Federal Permittees (Agencies)
1. Necessary Data and Information. Federal agencies shall submit the determination, information, and
analysis required by 15 CFR 930.39 to obtain a federal consistency determination.
2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a
federal consistency determination for the proposed project or activity. If Ecology fails to act within the
60 day period, concurrence with the CZMP is presumed.
PURPOSE:
DATUM:
ADJACENT PROPERTY OWNERS:
PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET
GENE COULON PARK
MAINTENANCE
VICINITY MAP AND
SITE LOCATION
of DATE:OCT 26 2021
VICINITY MAP
SITE
LOCATION
PROJECT SITE
LAKE WATER
INFORMATION
PROJECT
SITE
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
PLAN
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
EXISTING
SITE PLAN
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
EXISTING CONDITIONS
SITE PLAN AND ELEVATION
SITE PLAN
TYPICAL ELEVATION
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
EXISTING CONDITIONS
SECTIONS
TYPICAL SECTION AT BENT
TYPICAL SECTIONAT MID-SPAN
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
EXISTING CONDITIONS
SECTIONS
TYPICAL SECTIONAT TIMBER STEP
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITIONS
SITE PLAN AND ELEVATION
SITE PLAN
TYPICALPILE AND CAP ELEVATION
GRATING AREA SUMMARY
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITIONS
PILE PLAN
SITE PLAN
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITIONS
SECTIONS
TYPICALSECTION AT BENT
TYPICAL SECTIONAT MID-SPAN
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITIONS
SECTIONS
TYPICALSECTION AT STEP
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
NEW PICNIC
FLOAT DETAILS
TYPICAL PLAN
TYPICAL SECTION
DATUM:
PURPOSE:PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET of DATE: OCT 26 2021
ADJACENT PROPERTY OWNERS:
GENE COULON PARK
MAINTENANCE
GANGWAY SECTION
SECTION
DATUM:
BURL
ING
TON
NOR
THERN
RA
I
LWAYLAKE WASHINGTONBURL
ING
TON
NOR
THERN
RA
I
LWAYLAKE WASHINGTONPURPOSE:
DATUM:
ADJACENT PROPERTY OWNERS:
PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET
GENE COULON PARK
MAINTENANCE
EXISTING CONDITIONS
PLANTING
of DATE: OCT 26 2021
BURL
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TON
NOR
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RA
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LWAYLAKE WASHINGTONBURL
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NOR
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RA
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LWAYLAKE WASHINGTONPURPOSE:
DATUM:
ADJACENT PROPERTY OWNERS:
PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET
GENE COULON PARK
MAINTENANCE
EXISTING CONDITIONS
IRRIGATION
of DATE: OCT 26 2021
BURL
ING
TON
NOR
THERN
RA
I
LWAYLAKE WASHINGTONBURL
ING
TON
NOR
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RA
I
LWAYLAKE WASHINGTONPURPOSE:
DATUM:
ADJACENT PROPERTY OWNERS:
PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITION
PLANTING
of DATE: OCT 26 2021
PURPOSE:
DATUM:
ADJACENT PROPERTY OWNERS:
PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITION
PLANTING SECTIONS
of DATE: OCT 26 2021
NOT TO SCALE1TYPICAL TREE INSTALLATION
NOT TO SCALE2TYPICAL SHRUB INSTALLATION
BURL
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LWAYLAKE WASHINGTONBURL
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LWAYLAKE WASHINGTONPURPOSE:
DATUM:
ADJACENT PROPERTY OWNERS:
PROPOSED:
IN:
AT:
APPLICATION BY:
SHEET
GENE COULON PARK
MAINTENANCE
PROPOSED CONDITION
IRRIGATION
of DATE: OCT 26 2021
RAP Calculator
Version: 3/3/20
Corps # NWS-2021-242
Project Element Unit Input Output
Percent Deck 75.9
Percent pile caps and stringers 21.2
Average percent 48.55
Current area of over-water cover Square Feet 13,781
Proposed area of over-water cover Square Feet 13,781 133813.51
Net area of over-water cover Square Feet 0 0
Percent new grated decking 59.3 -593
Existing walkway height above OHWM Inches 6
Proposed walkway height above OHWM Inches 6 1165.2
Net walkway height Inches 0 0
Existing walkway width Inches 144
Proposed walkway width Inches 144 6991.2
Net walkway width Inches 0 0
Nearshore
Number of piles installed, replaced, and/or
repaired #0 0
Net reduction in # of piles #0 0
Waterward of Nearshore
Number of piles installed, replaced, and/or
repaired #0 0
Net reduction in # of piles #0
Project Name: City of Renton Waterwalk impro
Directions: Only fill in the yellow highlighted boxes. In the yellow highlighted boxes enter the appropriate number based on the conditions of
the completed project (except as noted).
Piles - 8 inches or less in
diameter
Walkway
Deck
Nearshore
Number of piles installed, replaced, and/or
repaired #2 400
Net reduction in # of piles #0
Waterward of Nearshore
Number of piles installed, replaced, and/or
repaired #95 14250
Net reduction in # of piles #0
Number of fenders installed, replaced, and/or
repaired #0 0
Net reduction in # of fenders #0 0
Nearshore
Number of boat lifts #0
Waterward of Nearshore
Number of boat lifts #0 0
Other
Number of PWC lifts #0 0
Area of canopy Square Feet 0
Area of canopy removed Square Feet 0 0
Current area of over-water cover for non-pier deck,
etc.Square Feet
Proposed area of over-water cover for non-pier
deck, etc.Square Feet 0
Net area of over-water cover for non-pier deck,
etc.Square Feet 0 0
Mooring Bouys #0 0
Bulkhead Repaired/Replaced Linear feet 0
Bulkhead Removed/Setback Linear feet 0 0
Bulkhead Removed/Setback with plantings Linear feet 0
Bulkheads
Decks and Misc. In- and
Over-Water Elements
Lifts and Canopies
Piles - Greater than 8 inches in
diameter
Fenders
Trees from RAP List #2 -1000
Shrubs from RAP List #3 -750
Total number of RAP plant species #2 -100
Total number of willows #0 0
Preservation of Native Vegetation 0
Remove in-water debris Cubic yard 0 0
Place gravel Cubic yard 0 0
Total $154,176.91
Vegetation
Restoration and Permitting
(RAP) Form Date Received:___________
Part A. Project Identification
Tracking
1. Unique Project Name
2. Corps Tracking number
3. NMFS ECO number
4. WDFW HPA Application ID
5. Local Agency Permit number
Location
6. Address
7. Parcel Number
8. Lake
9. Work Window
Part B. Applicant/Agent
10. Name
11. Organization
12. Email Address
13. Phone
Part C. Existing Conditions
Part D. Project Description and Need
Memorandum
2101 4th Avenue, Suite 950, Seattle, Washington Suite 950, Telephone: 206.728.2674, Fax: 206.728.2732 www.geoengineers.com
To: Betsy Severtsen, Capital Projects Coordinator, City of Renton
CC: Colin Kuester, P|N|D Engineers, Inc.
From: Emily R. Hurn and Jason P. Stutes, PhD, GeoEngineers, Inc
Date: October 21, 2021
File: 0693-086-00
Subject: Gene Coulon Memorial Beach Park North Water Walk Improvements Project –
Restoration and Planting Memo
The purpose of this memo is to provide an overview of the Gene Coulon Memorial Beach Park North Water Walk
Improvements (Water Walk) Project as part of the permitting process for pier projects located in Lake
Washington under the “Restoration and Permitting (RAP)” program for expedited Endangered Species Act (ESA)
Section 7 compliance. This memo intends to demonstrate the project’s conformance with the RAP Program
Planting Plan requirements as described in the “Implementation Guide for Restoration and Permitting (RAP)
For Lake Washington and Lake Sammamish Instructions for Applicants” (King County 2019).
PROJECT PURPOSE
The purpose of the project is to increase light penetration and replace treated timber components at the Gene
Coulon Memorial Beach Park North Water Walk along with other maintenance activities. This will be
accomplished by removing the existing concrete deck and replacing with light-penetrating grated decking
supported on new steel girders. In addition, the existing picnic floats will be replaced with new aluminum
framing, plastic timber and light penetrating decking. The grated gangways and timber step runs will also be
replaced with light penetration decking. All treated timber components, including step risers, fascia boards and
bullrails will be replaced with recycled plastic lumber. In total, approximately 8,599 square feet of fiberglass
light penetrating grating with supporting steel beams will be installed. Pile wrapping to prevent pile corrosion is
also proposed along with minor repairs to existing pile caps and painting of the Pilot House.
See attached “Part D” for more details regarding the “Project Description and Need”. The project proposes
improvements to the existing Water Walk and therefore will have no impact to vegetation. This project will have
no impacts to upland areas. All work is limited to the existing Water Walk structure and therefore has no impact
to vegetative cover at the park.
CONSTRUCTION TIMING
In-water work will be completed within the approved in-water work period for endangered species to minimize
impacts to juvenile salmonids. The construction window for in-water work in Lake Washington within 1-mile of
the Cedar River is July 16 to July 31 and November 16 to December 31 (King County 2019) to protect fish. The
final construction timing is dependent upon obtaining permit approval.
City of Renton
October 21, 2021
Page 2
PROPOSED PLANTING AREA
The proposed area for mitigation plantings consisting of two trees and three shrubs are shown in Appendix A.
The City selected to install two Western redcedars (Thuja plicata) to satisfy RAP guidance for suitable trees
installed greater than 10 feet from the ordinary high water mark (OHWM). Suggested shrubs include three red
osier dogwoods (Cornus sericea) since these species have already demonstrated on site resilience from
previous plantings. The proposed size is shown on the attached drawings (Appendix A, Sheets 12 through 16),
with spacing and container size meeting the “Appendix C. Planting Plan Requirements”. Planting is proposed
following construction in October 2022, to ensure plant survival. Photopoints will be established within the
planting area during the initial planting as part of the monitoring requirements. Based on the size of the planting
area, approximately four photopoints will be established. The official number of photopoints will be established
in Year 0 of monitoring.
Monitoring and Performance Standards
Monitoring of the shoreline mitigation planting area will occur in the first September after plant installation,
likely September 2023. Monitoring reports will be submitted annually to National Marine Fisheries Service
(NMFS) (rap-reports.wcr@noaa.gov) and US Army Corps of Engineers (Corps) PM, Samantha Sanford
(Samantha.M.Stanford@usace.army.mil), by November 30 for 5 years. In addition, the City of Renton will mail
a hard copy of the monitoring report to Corps Project Manager, Samantha Sanford. The proposed monitoring
and reporting schedules are provided in Table 1 below:
TABLE 1. ANTICIPATED MONITORING AND REPORTING SCHEDULES
Year Following Construction*: Monitoring Date Report Due Date
Year 0 NA November 30, 2022
Year 1 September 2023 November 30, 2023
Year 2 September 2024 November 30, 2024
Year 3 September 2025 November 30, 2025
Year 4 September 2026 November 30, 2026
Year 5 September 2027 November 30, 2027
Notes:
*Construction is anticipated to occur during the summer of 2022. Dates are subject to change based on actual construction schedule.
NA: monitoring is not required until the first September after plantings have been installed.
Monitoring reports will include:
■ An as-built site plan that includes the location and disposition of the mitigation plantings. This as-built
will serve as reference for future monitoring efforts and satisfy the Year 0 reporting requirements
(Table 1).
■ A completed one-page monitoring report form.
■ The as-built site plan will be updated to show any changes that have occurred to the shoreline
mitigation planting area since the last report, such as plants that have died and been replaced.
City of Renton
October 21, 2021
Page 3
■ Photographs taken during the monitoring event in September from the previously established
photopoints. The photos will be dated and labeled with the photopoint and direction of the photo.
Performance Standards
Per RAP guidance the following performance standards apply to the shoreline mitigation area:
■ One hundred percent survival of all planted trees and shrubs is required.
■ Individual plants that die must be replaced the following year with native shrubs and trees taken from
the RAP plant list. Replaced plants should be installed during the planting window of October to March
to ensure plant survival.
■ Maintenance of the shoreline mitigation planting area includes removal and replacement of dead or
dying plants and removal of invasive species. Maintenance does not include trimming or mowing of the
mitigation plants. The mitigation plants will be allowed to develop naturally, so that they grow large
enough to overhang the water.
SUMMARY
The City of Renton Parks Planning & Natural Resources Department proposes improvements at Gene Coulon
Memorial Beach Park North Water Walk to increase light penetration and replace treated timber components
along with other maintenance activities. The proposed project has no impacts to existing vegetation. However,
installation of two trees and three shrubs are required as part of the RAP process. The summary of planting
methods and monitoring are consistent with the RAP planting plan requirements (King County 2019). This
project will result in overall improvement to nearshore resources and overall ecology of the shoreline in addition
to improving public access and enjoyment of the shoreline.
REFERENCES
King County 2019. Implementation Guide for Restoration and Permitting (RAP) For Lake Washington and Lake
Sammamish Instructions for Applicants. July 25, 2019.
Attachments:
Appendix A. JARPA Drawings
Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the
original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record.
APPENDIX A
JARPA Drawings
CERTIFICATE OF COMPLIANCE
WITH DEPARTMENT OF THE ARMY PERMIT
NWS- Permit Number:
Name of Permittee:
Date of Issuance:
Upon completion of the activity authorized by this permit, please check the applicable boxes below, date
and sign this certification, and return it to the following email or mailing address:
Department of the Army
U.S. Army Corps of Engineers Seattle
District, Regulatory Branch
4735 E. Marginal Way S, Bldg 1202
Seattle, Washington 98134-2388
Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of
Engineers representative. If you fail to comply with the terms and conditions of your authorization, your
permit may be subject to suspension, modification, or revocation.
The work authorized by the above-referenced permit has been completed in accordance with the terms
and conditions of this permit.
Date work complete: __________________________________
Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a
Special Condition of the permit).
If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced permit has
been completed in accordance with the terms and conditions of this permit (not including future
monitoring).
Date work complete: __________________________________N/A
Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a
Special Condition of the permit).
Provide phone number/email for scheduling site visits (must have legal authority to grant property access).
Printed Name: ____________________________________________________________________________
Phone Number: _____________________________ Email: ____________________________________
Printed Name:
Signature:
Date:
NWS.Compliance@usace.army.mil OR
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT
4735 EAST MARGINAL WAY SOUTH, BLDG 1202
SEATTLE, WA 98134 -2388
Regulatory Branch January 13, 2022
Ms. Betsy Severtsen
City of Renton (Parks, Planning, and Natural Resources)
1055 South Grady Way
Renton, Washington 98057
Reference: NWS-2021-242
City of Renton
(Water Walk
Improvement)
Dear Ms. Severtsen:
We have reviewed your application to repair 97 piles, install grated decking, replace
two floats and ramps, and replace support elements of the pier to maintain an existing
water walk in Lake Washington at Renton, Washington. Based on the information you
provided to us, Nationwide Permit (NWP) 3, Maintenance (Federal Register January 6,
2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings
dated October 26, 2021.
In order for this authorization to be valid, you must ensure the work is performed in
accordance with the enclosed NWP 3, Terms and Conditions and the following special
conditions:
a.In order to meet the requirements of the Endangered Species Act you may
conduct the authorized activities from July 16 through July 31 , and November 16
through December 31 in any year this permit is valid. You shall not conduct work
authorized by this permit from January 1 through July 15, or August 1 through
November 15 in any year this permit is valid.
b.In order to meet the requirements of the Endangered Species Act (ESA) and
Magnuson-Stevens Fishery Conservation and Management Act (MSA) Restoration and
Permitting (RAP) programmatic consultation (National Marine Fisheries Service (NMFS)
Reference Number WCRO -2016-00008), you must implement and abide by the ESA
requirements and/or agreements set forth in the Biological Opinion (BO) dated February
17, 2017, the NMFS’ RAP Implementation Guide dated July 25, 2019, and the RAP
form for your individual project (NMFS Reference Number WCRO -2016-00008-3797).
The BO is available on the U.S. Army Corps of Engineers (Corps) website (Permit
Guidebook, Endangered Species, Program matic Consultations, Activities on Lakes
-2-
Washington and Sammamish). Upon completion of the permitted work, you must
submit an As-Built Report (see RAP Implementation Guide, Appendix E) to the Corps
and the NMFS (rap-reports.wcr@noaa.gov). You must visually monitor the work area
during construction when the substrate is disturbed and ensure that observable turbidity
increases do not extend beyond a 150-foot radius around the work area. If turbidity
increases occur beyond this area, you must include it in your As-Built Report. You must
comply with any required RAP planting plan (see RAP Implementation Guide,
Appendices C and D) requirements and submit annual monitoring reports for five years
to the Corps and the NMFS (rap-reports.wcr@noaa.gov). All reports must prominently
display the reference number NWS -2021-242. Failure to comply with these
requirements constitutes non-compliance with the ESA and your Corps permit. The
NMFS is the appropriate authority to determine compliance with the terms and
conditions of its BO and with the ESA. If you cannot comply with the terms and
conditions of this programmatic consultation, you must, prior to commencing
construction, contact the Corps, Seattle District, Regulatory Branch for an individual
consultation in acc ordance with the requirements of the ESA and/or the MSA.
c. To be in compliance with Special Condition "a", you must request an invoice from
the King County Mitigation Reserves Program (ATTN: Ms. Megan Webb,
megan.webb@kingcounty.gov; In-lieu Fee Mitigation and Transfer of Development
Rights, King County Water and Land Resources Division, Department of Natural
Resources and Parks, 201 South Jackson Street, Room 600, Seattle, Washington,
98104-3855) and provide the U.S. Army Corps of Engineers a receipt that you have
paid the required conservation fees of $154,176.91 within 60 days from the date of
permit authorization. This information must prominently display the reference number
NWS-2021-242.
d. Incidents where any individuals of fish species, marine mammals and/or sea
turtles listed by National Oceanic and Atmospheric Administration Fisheries (NOAA
Fisheries) under the Endangered Species Act appear to be injured or killed as a result
of discharges of dredged or fill material into waters of the U.S. or structures or work in
navigable waters of the U.S. authorized by this Nationwide Permit verification shall be
reported to NOAA Fisheries, Office of Protected Resources at (301) 713 -1401 and the
Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206)
764-3495. The finder should leave the animal alone, make note of any circumstances
likely causing the death or injury, note the location and number of individuals involved
and, if possible, take photographs. Adult animals should not be disturbed unless
circumstances arise where they are obviously injured or killed by discharge exposure or
some unnatural cause. The finder may be asked to carry out instructions provided by
NOAA Fisheries to collect specimens or take other measures to ensure that evidence
intrinsic to the specimen is preserved.
-3-
e. In order to meet the requirements of the Endangered Species Act (ESA)
programmatic letter of concurrence for selected activities in th e Lake Washington/Lake
Sammamish Basins (U.S. Fish and Wildlife Service (USFWS) Reference Number
13410-2009-I-0386-R001) you must comply with the relevant conservation measures in
the document titled, Conservation Measures for Activities Covered under the Lake
Washington Programmatic Consultation Letter of Concurrence available on the U.S.
Army Corps of Engineers (Corps) website (Permit Guidebook, Endangered Species,
Programmatic Consultations, Activities on Lakes Washington and Sammamish). If you
cannot c omply with these conservation measures, you must, prior to commencing
construction, contact the Corps, Seattle District, Regulatory Branch for an individual
consultation in accordance with the requirements of the ESA. The USFWS is the
appropriate authority to determine compliance with the ESA.
f. To ensure that light transmission is not impacted, grating must not be covered
with or blocked by any objects, such as, but not limited to, buildings, planters, storage
sheds or boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes.
We have reviewed your project pursuant to the requirements of the Endangered
Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and
the National Historic Preservation Act. We have determined this project complies with
the requirements of these laws provided you comply with all of the permit general and
special conditions.
Please be reminded that Special Condition “b” of your permit requires that you
implement and abide by the Endangered Species Act (ESA) requirements set forth in
the programmatic Biological Opinion (BO) for this project. In particular, within 60 days
you must provide an As-Built Report, annual monitoring reports, and a receipt for the
conservation fees, as described in the BO.
Please note that National General Condition 21, Discovery of Previously Unknown
Remains and Artifacts , found in the Nationwide Permit Terms and Conditions enclosure,
details procedures that must be followed should an inadvertent discovery occur . You
must ensure that you comply with this condition during the construction of your project.
The authorized work complies with the Washington State Department of Ecology’s
(Ecology) Water Quality Certification (WQC) requirements and Coastal Zone
Management (CZM) consistency determination response for this NWP. No further
coordination with Ecology for WQC and CZM is required.
-4-
You have not requested a jurisdictional determination for this proposed project. If
you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or
portions of your project you may request a preliminary or approved jurisdictional
determination (JD). If one is requested, please be aware that we may require the
submittal of additional information to complete the J D and work authorized in this letter
may not occur until the JD has been completed.
Our verification of this 2017 NWP authorization is valid until February 25, 2022,
unless the NWP is modified, reissued, or revoked prior to that date. If the authorized
work for the 2017 NWP authorization has not been completed by that date and you
have commenced or are under contract to commence this activity before February 25,
2022, you will have until February 25, 2023, to complete the activity under the enclosed
terms and conditions of this NWP. Failure to comply with all terms and conditions of this
NWP verification invalidates this authorization and could result in a violation of Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must
also obtain all local, State, and other Federal permits that apply to this project.
Upon completing the authorized work, you must fill out and return the enclosed
Certificate of Compliance with Department of the Army Permit. All compliance reports
should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory
Branch electronically at nws.compliance@usace.army.mil. Thank you for your
cooperation during the permitting process. We are interested in your experience with
our Regulatory Program and encourage you to complete a customer service survey .
Referenced documents and information about our program are available on our website
at www.nws.usace.army.mil, select “Regulatory Permit Information”. An electronic copy
of this letter with enclosures will be furnished to your agent, Mr. Jason Stutes of
GeoEngineers, Inc., by email at jstutes@geoengineers.com . If you have any questions,
please contact me at samantha.m.stanford@usace.army.mil or (206) 764-6182.
Sincerely,
Samantha Stanford, Project Manager
Regulatory Branch
Enclosures
Cc:
Ecology (ecyrefedpermits@ecy.wa.gov )
NMFS (rap-wa.wcr@noaa.gov)
KCMRP (megan.webb@kingcounty.gov)
1
Bridge Permit Application Plan Sheet Job Aid
2
Plans submitted with the bridge permit application become an official, and permanent,
part of the issued permit or permit amendment. To minimize application processing
delays, please insure this checklist is completed for all application submissions.
1. General
____ Provide all plans in standard 8 ½ X 11” size, providing the fewest sheets possible
that still show significant project structural details. Plan sheets may be submitted
electronically.
NOTE: Do not show bridge navigational lighting plans on bridge plan and
elevation views.
____ Show all dimensions and distances in U.S. linear feet in decimal form (versus feet
and inches). For international bridges also show all dimensions in both linear feet
and meters.
____ Include the datum used in the plan and elevation view. Use the same datum for
all submitted drawings (e.g. NAVD, NGVD). For replacement and modification
projects, the datum used may differ between the new plans and the previously
approved plans for the existing structure. If this situation occurs, please be sure to
show all necessary conversions to demonstrate any change in approved
clearances.
____ All plan sheets must bear the date, signature and stamp of a professional engineer.
NOTE: the engineer stamp date must either match or be dated later than the
title block date before the permit and plans can be approved by the Coast
Guard.
If desired, it is acceptable for the engineer to add the following statement to the
plans, “Conceptual plans utilized to obtain Coast Guard bridge permit”.
____ The total number of plan sheets identified in the title block must match the
number of plan sheets submitted for approval.
2. Title Blocks - Include the following items in the title blocks (lower right-hand corner on
all of the plan sheets):
____ Applicant/Owner;
____ Consultant/Agent;
____ Name of Bridge(s);
____ Name of Waterway;
____ Mile point of bridge(s) location (from confluence of mouth of waterway) in
3
statute miles;
____ City, county/parish, and state (state whether the bridge(s) is at, near, or between –
as appropriate);
____ Date of plans (i.e., mm/dd/yyyy, must either match or be dated prior to the
engineer’s date stamp); and
____ Sheet number and total number of sheets in set to be approved (i.e., Sheet 1 of 5).
3. Location/Vicinity Map
____ Show graphic scale and north arrow;
____ Show location of bridge(s) on waterway;
____ Identify the name of the waterway;
____ Show course of waterway (i.e. ebb/flood, or direction of flow for non-tidal
waters);
____ Show structures immediately adjacent to the proposed bridge(s) and their relation
to the proposed bridge(s);
____ Identify wildlife and waterfowl refuges and any historical and archaeological
sites; and
____ Insert a small map of the state in which the project is located with an arrow
showing the location of the proposed project.
4. Plan View
____ Show graphic bar scale and north arrow;
____ Identify the adjacent property owners at the four corners of the proposed
structure(s);
____ Show existing shorelines (may be defined or established by local or state
regulation);
____ Show ebb and flood in tidal waters and direction of flow in non-tidal waterway;
____ Show mean high and low waterlines in tidal areas. Show ordinary high water and
ordinary low water elevations if proposed activity is in a non-tidal waterway;
____ Show all portions of existing bridge(s) that will remain in place;
____ Show all portions of existing bridge(s) that will be removed by using dashed
lines;
4
____ Show principal dimensions of structure(s) from grade-to-grade. Show length,
width, etc.;
____ Show location of dredging, excavation, fill or rip-rap, to include approximate
number of cubic yards. Note: The Coast Guard does not approve these activities
or items. Contact the U.S. Army Corps of Engineers for approval;
____ Show location of the bridge protective system, piles, cables, etc. existing or to be
constructed in the waterway. Identify type of material to be used;
____ Show limits of navigational channel;
____ Show axis (centerline) of channel;
____ Show horizontal clearances, normal to the axis (centerline) of the channel
between the bridge protective system, pilings, or abutments;
____ Show water depth at mean low (or ordinary low if non-tidal) at various locations
in the channel, under, upstream and downstream of the bridge(s); and
____ Show the bridge protective system.
5. Elevation View
____ Show graphic bar scale and north arrow;
____ Show mean high and mean low water elevations in tidal areas. Show ordinary
high and low water elevations in non-tidal areas;
____ Show amount of fill material in cubic yards below mean high water;
____ Show horizontal clearance normal to the axis (centerline) of the channel between
the bridge protective fender system, pilings, or abutments, as appropriate for
navigational channel;
____ Show vertical clearances referenced to the appropriate high water stage either
Mean High Water (MHW) or Ordinary High Water (OHW). Show vertical
clearances at the center, as well as at the horizontal limits of the navigational
channel (the most restrictive vertical clearance in the navigational channel);
____ If the bridge(s) will have a draw, show the draw in the open and closed positions.
Vertical clearances in the open position might not be unlimited, especially for
vertical lift bridges and bascule bridges. For bascule bridges, specify which part
of the navigation channel has an unlimited clearance in the open position i.e. the
center 50 feet of the channel, etc;
____ Show proposed navigational envelope (opening);
____ Show proposed and existing contour of waterway bottom;
5
____ Show 100-year flood elevation;
____ Show the location and elevation of the low steel member of the navigation span;
and
____ If the bridge(s) will have a permanent traveler system installed for
inspection/maintenance, show the reduction in vertical clearance (traveler height
below low steel) and the location of traveler storage when not in use.
6. Typical Section View
____ Show graphic bar scale;
____ Show out-to-out width of the structure(s). (This is the width of the bridge(s) at its
widest point.); and
____ Include location and dimensions of travel lanes, shoulders, sidewalks,
fishing/pedestrian platforms, railings, pipelines, etc.
7. Details of the Bridge Protective System (if details are known and ready for CG
approval as part of the permit decision)
____ Show bridge pier protective system in plan and elevation views including detail of
attachment to pier, countersunk bolts, and relationship to mean high and low
waterlines (on elevation view).
8. Temporary Structures/Falsework (if details are developed and ready for CG approval
as part of the permit decision)
____ Show temporary structures/falsework;
____ Show existing bridge(s) to be removed using dashed lines; and
____ Show minimum horizontal and vertical clearances during construction.
6
WHEN APPLICABLE, PLEASE SUBMIT THE FOLLOWING PERMIT PLAN SHEETS
SEPARATELY (do not include the sheets below in the same sequentially numbered package
of sheets provided for bridge approval):
1. Details of the Bridge Protective System (if details and materials are not known at time
of CG permit decision)
____ Show bridge protective system in plan and elevation views including detail
of attachment to pier, countersunk bolts, and relationship to mean high and
low waterlines (on elevation view).
2. Temporary Structures/Falsework (if details and materials are not known at time of CG
permit decision)
____ Show temporary structures/falsework;
____ Show existing bridge(s) to be removed using dashed lines; and
____ Show minimum horizontal and vertical clearances during construction.
3. Bridge Lighting Plan
____ Submit lighting plan application in accordance with 33 CFR Part 118 and
bridge lighting guide (see USCG Bridge Program website:
http://www.uscg.mil/hq/cg5/cg551/default.asp). This is a separate application
from the bridge permit application. The submission time can vary by District
Bridge Office. Applicants should contact their local District Bridge Office to
determine at what point is appropriate to submit a bridge lighting plan.
PERMITTEE AUTHORIZED AGENT OR CONTRACTOR
City of Renton (Parks Planning and Natural Resources)GeoEngineers
ATTENTION: Betsy Severtsen ATTENTION: Jason Stutes
1055 South Grady Way 17425 NE Union Hill Rd
Renton, WA 98057 Redmond, WA 98052-6190
Project Name:Gene Coulon Memorial Beach Park North Water Walk Improvements
Project Description:The purpose of the project is to increase light penetration and replace treated timber
components at the Gene Coulon Memorial Beach Park North Water Walk (Water Walk).
Improvements to the North Water Walk include the replacement of portions of the existing
concrete deck with new galvanized steel framing and 60 percent light penetrating decking and
concrete panels to match the new deck around Ivar¶s Restaurant. In addition, the existing
picnic floats will be replaced with new aluminum framing, recycled plastic lumber (RPL) and
light penetrating decking. The existing grated gangways and timber step runs will also be
replaced with light penetrating decking. All treated timber components, including step risers,
fascia boards and bull rails will be replaced with RPL . In total, approximately 8,172 square feet
fiberglass light penetrating grating with supporting steel beams will be installed. Pile wrapping
to prevent pile corrosion is also proposed. This pile wrapping system will include an inner
moisture barrier as well as an outer jacket that will cover the piling from just below the mudline
to above the high-water line. Minor repairs to existing pile caps and painting of the pilot house
will occur above the ordinary high-water mark (OHWM).
PROVISIONS
1. This STANDARD Hydraulic Project Approval (HPA) is issued for:
A. Repair to an existing, approximately 10,892 square foot public recreational pier (North Water Walk), including:
i) Removal and disposal of approximately 7,426 square feet of solid concrete decking;
ii) Replacement of structural and framing components as needed;
iii) Installation of grated decking over entirety of repaired pier sections (to be a minimum of 40 percent open space);
iv) Repair of up to ninety-nine (99) 12.75-inch diameter steel piles using the pile wrapping method;
B. Repair of two existing picnic floats and associated gangways connected to the public recreational pier, to include;
i) Removal and disposal of approximately 746 square feet of solid decking components;
ii) Replacement of structural and framing components as needed;
iii) Installation of grated decking over entirety of repaired float and gangway sections (to be minimum of 40 percent
open space), AND;
C. Implementation of a mitigation planting plan, to consist of 2 trees and 3 shrubs installed within 10 feet of the OHWL
to provide positive benefits to fish life.
NOTE: This project occurs on Lake Washington where chinook, coho, steelhead, sockeye, and cutthroat trout are
known to occur.
TIMING - PLANS - INVASIVE SPECIES CONTROL
Page 1 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
TIMING - PLANS - INVASIVE SPECIES CONTROL
2. TIMING LIMITATION: You may begin the project immediately and you must complete the project by December 28,
2026, provided any work below the OHWL only occurs between July 16 and July 31, or November 16 and December
31, of a given calendar year.
3. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and
approved by the Washington Department of Fish and Wildlife, entitled, "GENE COULON PARK MAINTENANCE,"
dated October 2021, and all supporting documents and communications uploaded to the Aquatic Protection Permitting
System (APPS) project file; except as modified by this Hydraulic Project Approval. You must have a copy of these
plans available on site during all phases of the project construction.
4. INVASIVE SPECIES CONTROL: Follow Method 1 for low risk locations (i.e. clean/drain/dry). Thoroughly remove
visible dirt and debris from all equipment and gear (including drive mechanisms, wheels, tires, tracks, buckets, and
undercarriage) before arriving and leaving the job site to prevent the transport and introduction of invasive species. For
contaminated or high risk sites please refer to the Method 2 Decontamination protocol. Properly dispose of any water
and chemicals used to clean gear and equipment. You can find this and additional information in the Washington
Department of Fish and Wildlife's "Invasive Species Management Protocols", available online at
https://wdfw.wa.gov/species-habitats/invasive/prevention.
NOTIFICATION REQUIREMENTS
5. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington
Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia,
Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within
seven days after completing the work. The notification must include the permittee's name, project location, starting date
for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife
may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will
notify you or your agent before conducting the inspection.
6. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and
after the work is completed. You must upload the photographs to the post-permit requirement page in the Aquatic
Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box
43234, Olympia, Washington 98504-3234 within 30-days after the work is completed.
7. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the
job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and
Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the
Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill
or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington
Department of Fish and Wildlife may require additional measures to mitigate impacts.
STAGING, JOB SITE ACCESS, AND EQUIPMENT
8. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material
storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh
concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of
the state.
9. Clearly mark boundaries to establish the limit of work associated with site access and construction.
10. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move
these natural habitat features during construction but you must place them near the preproject location before leaving
the job site.
11. Station and operate equipment used for this project landward of the ordinary high water line or on a barge.
12. Check equipment daily for leaks and complete any required repairs in an upland location before using the
equipment in or near the water.
Page 2 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
13. Use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic
esters, and polyalkylene glycols in equipment operated in or near the water.
14. Operate and anchor vessels and barges during construction in a manner that protects native aquatic vegetation and
prevents grounding.
CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT
15. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that
will result in erosion or siltation of waters of the state.
16. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-
laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state.
17. Install turbidity curtain or containment boom in a manner that surrounds the construction area for the duration of the
project.
18. Use tarps or other methods to prevent treated wood, sawdust, trimmings, drill shavings and other debris from
contacting the bed or waters of the state.
19. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland
area above the limits of anticipated floodwater unless the material is approved by the Washington Department of Fish
and Wildlife for reuse in the project.
20. Deposit all trash from the project at an appropriate upland disposal location.
CONSTRUCTION MATERIALS
21. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as
petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or
harmful materials from entering waters of the state.
22. Do not stockpile construction material waterward of the ordinary high water line, unless it is contained on a barge.
23. Do not use wood treated with oil-type preservatives (creosote, pentachlorophenol) in any hydraulic project. You
may use wood treated with waterborne preservatives (ACZA, ACQ) provided the wood is approved by the Western
Wood Preservers Institute for use in the aquatic environment. Any use of treated wood in the aquatic environment must
follow guidelines and best management practices available at www.wwpinstitute.org.
24. You may use products made from recycled tires that are specifically manufactured for use in the aquatic
environment.
25. PILE REPAIR
26. Each pile may be sleeved only once.
27. The diameter of sleeved piles must be no more than three inches greater than the diameter of the existing piles.
28. FLOATS AND GANGWAY
29. This approval is for the repair/replacement of the existing structure only and does not authorize the expansion of
the structure.
30. The repaired structures must include functional grating. The grating material's open area must be at least forty
percent and cover the entire deck area. Any objects that are not part of the structure on, above, or below the grating
should not block light penetration.
31. Fully enclose and contain flotation for the structure in a shell (tub) or 20 - 25 mil polyethylene or polyurethane wrap.
The shell or wrap must prevent breakup or loss of the flotation material into the water. The shell or wrap must not be
readily subject to damage by ultraviolet radiation and abrasion.
PIER
Page 3 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
LOCATION #1:Site Name: Gene Coulon Memorial Beach Park
1201 Lake Washington Park Boulevard N, Renton, WA 98056
WORK START:December 29, 2021 WORK END:December 28, 2026
WRIA Waterbody:Tributary to:
08 - Cedar - Sammamish Lake Washington Ship Canal
1/4 SEC:Section:Township:Range:Latitude:Longitude:County:
SW 1/4 05 23 N 05 E 47.506833 -122.203555 King
Location #1 Driving Directions
32. This approval is for the repair/replacement of the existing structure only and does not authorize the expansion or
reconfiguration of the structure.
33. Prior to construction, reestablish the pier, ramp, and float or dock structure(s) centerline using the same
methodology used to establish the centerline on the construction drawings to avoid shading native aquatic vegetation.
34. The structure must include functional grating. The grating material's open area must be at least forty percent and
cover the entire deck area. Any objects that are not part of the structure on, above, or below the grating should not
block light penetration.
35. Do not construct skirting, including batter fencing, around piers, docks or floats.
36. Use low-intensity lights that are located and shielded to prevent light from reaching the water surface.
37. Use of treated wood for decking is not authorized, but may be used for structural elements. Treated wood subject to
abrasion by vessels, floats, or other objects must incorporate approved design features such as rub strips to minimize
abrasion of the wood.
38. RIPARIAN ENHANCEMENT
39. Replant the job site with the plant species composition and planting densities approved by the Washington
Department of Fish and Wildlife. Per sheet 14 of the approved plans, at least 2 native trees (defined as woody
vegetation with the potential to achieve heights of 40 feet or greater) and 3 native shrubs (defined as woody vegetation
with the potential to achieve heights of 4 feet or greater) will be installed within 10 feet of the ordinary high water line.
40. Complete plantings by the end of the first appropriate season (fall or spring for potted stock, winter for bare-root
seedlings, fall through spring for whips and cuttings) following project completion, per the approved plan. Maintain
plantings for at least three years to ensure at least eighty percent of the plantings survive. Failure to achieve the eighty
percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or
reasons to modify
requirements.
DEMOBILIZATION AND CLEANUP
41. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils
and waste materials in an upland area above the limits of anticipated floodwater.
42. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of
project completion, whichever is sooner.
Page 4 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
APPLY TO ALL HYDRAULIC PROJECT APPROVALS
This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code,
specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project.
The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any
additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project.
This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person
(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.
This Hydraulic Project Approval does not authorize trespass.
The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable
for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic
Project Approval.
Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including,
but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly
punishable by fine and/or imprisonment.
All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or
revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s)
to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals
are listed below.
MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing
or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must
use the Major Modification process described below. Any approved minor modification will require issuance of a letter
documenting the approval. A minor modification to the required work timing means any change to the work start or end
dates of the current work season to enable project or work phase completion. Minor modifications will be approved only
if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor
modifications to the required work timing. A minor modification of the plans and specifications means any changes in the
materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and
does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally
applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor
modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must
submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests
must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID
number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the
requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of
Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You
should allow up to 45 days for the department to process your request.
Merge onto I405S, Take exit 5 toward WA-900 E/Park Avenue North/Sunset Blvd NE, Keep right at fork, follow signs for
Park Avenue N and merge onto N Southport Dr, Turn right onto Lake Washington Blvd N, Turn left onto Coulon Beach
Park Dr, Stay on Coulon Beach Park Dr until you reach the Water Walk
Page 5 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA.
Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally
applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major
modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must
submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written
requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the
APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for
the requested change, the date of the request, and the requestor's signature. Send your written request by mail to:
Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your
request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to
process your request.
APPEALS INFORMATION
If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA),
Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who
issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for
further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages
you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process
includes a review by department management of the HPA or denial and often resolves issues faster and with less legal
complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may
advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more
information.
A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following
information summarizes that rule.
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal
appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of
Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to
HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111
Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you
receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated
through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution
is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals
Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or
designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal.
B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions
taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following
information summarizes that rule.
Page 6 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal
of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and
serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail
to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia,
Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural
Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal
appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may
request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in
response to the informal appeal.
C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the
WDFW action shall be final and unappealable.
Habitat Biologist Miles.Penk@dfw.wa.gov for Director
WDFWMiles Penk 425-677-1297
Page 7 of 7
HYDRAULIC PROJECT APPROVAL
Washington Department of
Fish & Wildlife
PO Box 43234
Olympia, WA 98504-3234
(360) 902-2200
Permit Number: 2021-4-927+01
FPA/Public Notice Number: N/A
Application ID: 26963
Project End Date: December 28, 2026
Issued Date: December 29, 2021
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_Gene Coulon Park Water Walk_ SSDP_FINAL
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT
EVALUATION FORM & DECISION
DATE OF DECISION: November 30, 2021
PROJECT NUMBER: LUA21-000414, SME
PROJECT NAME: Gene Coulon Memorial Beach Park North Water Walk
PROJECT MANAGER: Jill Ding, Senior Planner
APPLICANT: Jason Stutes, GeoEngineers
17425 NE Union Hill Rd #250, Redmond, WA 98052
OWNER/CONTACT: Betsy Severtson, Renton Parks Planning and Natural Resources
1055 S Grady Way, Renton, WA 98057
PROJECT LOCATION: 1201 Lake Washington Blvd N (Parcel No. 3344500775)
PROJECT DESCRIPTION: The applicant is requesting a Shoreline and SEPA Exemption for the maintenance and
repair of the existing water walk at Gene Coulon Memorial Park. The proposal would increase light penetration and
replace treated timber components on the Gene Coulon Memorial Beach Park North Water Walk (Water Walk)
along with other maintenance activities. This would be accomplished though removing the existing concrete deck
and replacing it with light-penetrating grated decking supported on new steel girders. In addition, the existing picnic
floats would be replaced with new aluminum framing, recycled plastic timber (RPL), and light-penetrating decking.
The grated gangways and timber step runs would also be replaced with light-penetrating decking. All treated timber
components, including step risers, fascia boards and bull-rails would be replaced with RPL. In total, approximately
8,172 square feet fiberglass light-penetrating grating with supporting steel beams would be installed. Pile wrapping
to prevent pile corrosion is also proposed along with minor repairs to existing pile caps and painting of the Pilot
House. The proposed project would result in no net loss of ecological functions and would not require mitigation
under the City’s Shoreline Master Program Regulations. However, in order to comply with the restoration and
permitting (RAP) requirements (under the Endangered Species Act (ESA) Section 7) mitigation plantings would be
required, the minimum number of plantings would be installed which includes three (3) red osier dogwoods and
two (2) Western redcedars (Thuja plicata). These plantings would be monitored annually for five (5) years to ensure
their survival. The project site is located within Lake Washington Reach D and the Shoreline High Intensity
Designation.
SEC-TWN-R: SW 05-23-05
DocuSign Envelope ID: D848C404-54C1-4D57-8061-465F2BBFEBCC
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Development
Gene Coulon Memorial Beach Park North Water Walk LUA21-000414, SME
Permit Date: November 30, 2021 Page 2 of 3
D_Gene Coulon Park Water Walk_ SSDP_FINAL
LEGAL DESCRIPTION:
King County Assessor)
HILLMANS LK WN GARDEN OF EDEN #5 BLKS 360 & 361 SD ADD TGW SH LDS ADJ TGW
POR GL 4 SEC 05-23-05 & SH LDS ADJ DAF - BAAP N 56-32-07 W 65.018 FT FR NXN OF
GOV MDR LN & S LN SD SEC 5 TH N 56-32-07 W 1221.78 FT TO INNER HARBOR LN TH
S 45-45-00 W 317.92 FT TH S 44-16-00 E 680 FT M/L TO S LN OF SD SEC 5 TH E ALG SD
S LN OF SD SEC 765.5 FT M/L TO WLY BNDRY OF BN 100 FT R/W TH NELY ALG SD WLY
BNDRY TO POINT OF BEGINNING TGW AREA IN FRONT OF LOTS 1 THRU 9 BLOCK 360
OF HILLMANS LK WN GARDEN OF EDEN #5
WATER BODY/REACH: Lake Washington, Reach D
EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development
Permit is hereby Approved on the proposed project in accordance with RMC.4.9190C “Exemption from Permit
System’ for the following reasons:
WAC 173-27-040(2)(b): Normal maintenance or repair of existing structures or developments, including damage by
accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation
from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration, location and external appearance,
within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects
to shoreline resource or environment. Replacement of a structure or development may be authorized as repair
where such replacement is the common method of repair for the type of structure or development and the
replacement structure or development is comparable to the original structure or development including but not
limited to its size, shape, configuration, location and external appearance and the replacement does not cause
substantial adverse effects to shoreline resources or environment.
RMC 4-9-190C.1.c.ii and iii: Maintenance and Repair: Normal maintenance or repair of existing structures or
developments, including damage by accident, fire or elements.
ii. “Normal repair” means to restore a development to a state comparable to its original condition, including but
not limited to its size, shape, configuration, location and external appearance, within a reasonable period after
decay or partial destruction, except where repair causes substantial adverse effects to the shoreline resource or
environment.
iii. Replacement of a structure or development may be authorized as repair where such replacement is the common
method of repair for the type of structure or development and the replacement structure or development is
comparable to the original structure or development including, but not limited to, its size, shape, configuration,
location and external appearance and the replacement does not cause substantial adverse effects to shoreline
resources or environment.
DocuSign Envelope ID: D848C404-54C1-4D57-8061-465F2BBFEBCC
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Development
Gene Coulon Memorial Beach Park North Water Walk LUA21-000414, SME
Permit Date: November 30, 2021 Page 3 of 3
D_Gene Coulon Park Water Walk_ SSDP_FINAL
FINDINGS: The proposed development is:
i. Consistent with the policies of the Shoreline Management Act.
ii. Consistent with the City of Renton Shoreline Master Program.
iii. Categorically exempt from a State Environmental Policy Act (SEPA) threshold
determination pursuant to WAC 197-11-800(3).
SIGNATURE & DATE OF DECISION:
Vanessa Dolbee, Planning Director Date
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be
no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within
the 14-day appeal time frame.
APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on December 14, 2021. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed
by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s
Office, cityclerk@rentonwa.gov.
EXPIRATION: Two (2) years from the date of decision (date signed).
ATTACHMENTS: Plan Set, Lake Study
cc: Applicant
DocuSign Envelope ID: D848C404-54C1-4D57-8061-465F2BBFEBCC
11/30/2021 | 2:58 PM PST
mailto:cityclerk@rent
onwa.gov
From:Steve Triplett
To:Betsy Severtsen
Subject:B22002436 Gene Coulon Memorial Beach Park North Water Walk
Date:Wednesday, July 20, 2022 3:38:22 PM
Attachments:B22002436 Permit Invoice.pdf
Plans for the above project have been approved. Attached is the invoice for permit fees. Contractor
information is still required prior to permit issuance.
STEVE TRIPLETT, Permit Services Specialist
City of Renton | Development Services | Building Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
Virtual Permit Center | Online Applications and Inspections
(425) 430-7281 | striplett@rentonwa.gov
Building Permit Approval Pending
Contractor Information