HomeMy WebLinkAboutP 9806030147 Return Address:
AFTER RECORDING RETURN TO:
CITY OF RENTON
CITY CLERK'S OFFICE
200 MILL AVENUE SOUTH
RENTON,WA 98055-2189
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in).
1. DEPARTMENT OF THE ARMY PERMIT
Grantor(s) (Last name first,then first name and initials)
1. UNITED STATES ARMY CORPS OF ENGINEERS
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Grantee(s) (Last name first,then first name and initials)
1. CITY OF RENTON
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Portions of the Cedar River Commercial Waterway through the City of Renton in Section 17,
0.3 Township 23 North,Range 5 East,W.M.,in King County,Washington.
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Assessor's Property Tax Parcel/Account Number:
Commercial Waterway Parcel Number Not Assigned,
Prop.Mgmt Initials
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H:\FORMS\KCRECORD\KC_COVER.DOC
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DEPARTMENT OF THE ARMY PERMIT
Permittee: Renton, City of City of Renton
200 Mill Avenue South
Permit No: 97-4-01329 Renton, Washington 98055
Issuing Office: Seattle District
Note: The term "you" and its derivatives, as used in this permit, means the permittee
or any future transferee. The term "this office" refers to the appropriate district
or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the
commanding officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Project Description: Place fill in 0.31 of an acre of wetlands in accordance with
the plans and drawings attached hereto which are incorporated in and made a part of
this permit. (Complete the disjunct portions of Oakesdale Avenue S.W. and provide
access to abutting property) .
Project Location: In wetlands adjacent to Springbrook Creek, Duwamish River at
Renton, Washington.
Permit Conditions:
General Conditions:
MiR - 6 2001
1. The time limit for completing the work authorized ends on
If you find that you need more time to complete the authorized activity, submit your
request for a time extension to this office for consideration at least 1 month before
the above date is reached.
tot 2. You must maintain the activity authorized by this permit in good condition and in
accordance with the terms and conditions of this permit. You are not relieved of
this requirement if you abandon the permitted activity, although you may make a good
faith transfer to a third party in compliance with General Condition 4 below. Should
• you wish to cease to maintain the authorized activity or should you desire to abandon
it without a good faith transfer, you must obtain a modification to this permit from
this office, which may require restoration of the area.
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3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify
this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the
signature of the new owner in the space provided and forward a copy of the permit to
this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project,
you must comply with the conditions specified in the certification as special
conditions to this permit. For your convenience, a copy of the certification is
attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized
activity at any time deemed necessary to ensure that it is being or has been
accomplished in accordance with the terms and conditions of your permit.
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Renton, City of 97-4-01329
7. After a detailed and careful review of all of the conditions contained in this
permit, the permittee acknowledges that, although said conditions were required by
the Corps of Engineers, nonetheless the permittee agreed to those conditions
voluntarily to facilitate issuance of the permit; the permittee will comply fully
with all the terms of the permit conditions.
Special Conditions:
a. You must provide a copy of the permit transmittal letter, the permit form,
and drawings to all contractors performing any of the authorized work.
b. You must comply with the provisions of the attached Water Quality
Certification.
c. The wetland area created as mitigation for work authorized by this permit
shall not be made the subject of a future individual or general Department of the
Army permit application for fill or other development, except for the purposes of
.enhancing or restoring the mitigation associated with this project.
d. A new permit application shall be submitted for review and evaluation for
Phase 2 work if funding is obtained. The Phase 2 work shall be subject of a new
public notice.
e. You shall establish a permanent conservation easement to protect created and
avoided wetlands within the proposed project and mitigation areas and record them
with the County.
f. The wetland seed mix shall only include native species in the mitigation
areas.
g. A status report on the mitigation construction, including as-built drawings,
shall be submitted to the Regulatory Branch, Corps of Engineers, 13 months from the
date of permit issuance. Annual status reports are required until mitigation
construction is complete.
h. The revised February 1998 Mitigation Plan shall be implemented. The first
annual mitigation monitoring report will be due no later than one year after the
• Corp's written acceptance of the as-built drawings and thereafter as scheduled in the
0 mitigation report. All reports must be submitted to the Seattle District, Regulatory
CID
Branch.
Q i. A description of the mitigation area identified in the final mitigation plan
as approved, and any subsequent permit mitigation area revisions, will be recorded
with the Registrar of Deeds or other appropriate official charged with the
responsibility for maintaining records to or interest in real property. Proof of
this documentation must be provided to the Corps of Engineers, Seattle District
within 60 days of issuance of this permit.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
( ) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403) .
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344) .
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Renton, City of 97-4-01329
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.0 1413) .
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, or
local authorization required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit doesnot authorize any iniury to the property or rights of
others.
d. This permit does not authorize interference with any existing or proposed
Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does
not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other
permitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the United States in the public
interest.
c. Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
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Ird e. Damage claims associated with any future modification, suspension, or
0, revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of
VP this permit is not contrary to the public interest was made in reliance on the
information you provided.
20 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require
include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of the permit.
b. The information provided by you in support of your application proves to have
been false, incomplete, or inaccurate (See 4 above) .
c. Significant new information surfaces which this office did not consider in
reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the
initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such
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Renton, City of 97-4-01329
directive, this office may in certain situations (such as those specified in 33 CFR
209.170) accomplish the corrective measures by contract or otherwise and bill you for
the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of
the activity authorized by this permit. Unless there are circumstances requiring
either a prompt completion of the authorized activity or a reevaluation of the public
interest decision, the Corps will normally give favorable consideration to a request
for an extension of this time limit.
Your signature below, -as permittee, indicates that you accept and agree to comply
with the terms and conditions of this permit.
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City of on ( ATE)
This permit becomes effective when the Federal official, designated to act for the
Secretary of the Army, has signed below.
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3/aN.S
AMES RIGSBY (DATE)
Colone. Corps of Engineers
District Engineer
1111 When the structures or work authorized by this permit are still in existence at the
time the property is transferred, the terms and conditions of this permit will
4111 continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit and the associated liabilities associated with compliance with its
terms and conditions, have the transferee sign and date below.
CD (TRANSFEREE) (DATE)
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