HomeMy WebLinkAboutPW04-332 - Original - City of Kent - Wetland Mitigation Area - 08/30/2004 Return Address:
City er Kent 20090420001
Property Management 82.e0
220 4"' Avenue South PRCI @01 NW TIT COV
PAGE01 OF 041
Kent, WA 98032-5896 KINGOCOUNTY15UA
(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 documents must be filled in
Declaration of Covenants and Restrictions for Wetland Area of the
Reference Number(s) of Document: \BZ
20040831003745
being re-recorded to correct legal description
Grantor(s) (Last name first,then first name and initials)
1. The City of Kent 7-11-E D BY P NWT
❑ Additional names on page of document. r` '\ 0 I t�-�Z
Grantee(s) (Last name first, then first name and initials)
Sato documertts)were filed k a
1. The Public record by t)acific Notthwoo nt4- as
acmmiodei wi duly. N has prat bear
examined as to proper exocuV w
❑ Additional names on page of document. ON to Ex aflec4 upon am
Legal descriptions (abbreviated- i.e. lot,block, plat or section, township, range)
Portion of the S1/2 SW1/4 NE1/4 28-22-04E
I< Additional descriptions on exhibit A of document.
Assessor's Property Tax parcel/Account Number
282204-9003
The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the
accuracy or completeness of the indexing information prodded herein
S � '►
y
Return Address:
20040831003745
PACIFIC NW TIT COY 56.00
City of Kent PAGE003 OF 038
Property Management KING COUNTY,
220 4th Avenue South
Kent, WA 98032-5896
(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 documents must be filled in
1. Declaration of Covenants and Restrictions for Wetland Mitigation Area
2.
3.
4.
Reference Number(s) of Documents assigned or released: (p PA)GJT
Additional reference #'s on page of document. 8 "1 2
Grantor(s) (Last name first, then first name and initials)
.%mod document(s)were fffe'q�nr
1. The City of Kent reord by a-n`-, �,eosi Tole
2. locommo-i,„ I has not ,a
3. �Wamin Qe�{{j{d., as
4. �+
. £o its IIe�
❑ Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
1. Public
2.
3.
4.
❑ Additional names on page of document.
Legal descriptions (abbreviated: i.e. lot, block, plat or section, township, range)
Portion of Sl/2 of SWl/4 ofNEl/4 S28, T22N, R4E, WM
® Additional description on page 3 of document.
Assessor's Property Tax parcel/Account Number
282204 9003, 282204 9155
❑ Assessor Tax #not yet assigned.
The Auditor/Recorder will rely on the information provided on the form The staff will not read the document to verify the
accuracy or completeness of the indexing information prodded herein
i Y
DECLARATION OF COVENANTS AND RESTRICTIONS
FOR
WETLAND MITIGATION AREA FOR PACIFIC HIGHWAY SOUTH HOV
IMPROVEMENTS PROJECT
THE UNDERSIGNED ("Declarant') is the owner of the real property legally described
in the attached Exlubit A. All of this property shall hereinafter collectively be referred to as "the
Wetlands". These restrictions shall run with the land and shall be binding on successors and
assigns and all parties claiming under them. These restrictions may not be altered in any way,
except with express written approval from the U.S. Army Corps of Engineers
Covenants and Restrictions The Declarant hereby makes the following covenants and creates
the following restrictions on the Wetland:
1. No person or entity shall place or discharge any dredged or fill material in the
Wetlands, nor shall there be any work in or development of the Wetlands of any nature
whatsoever, except for the express purpose of enhancing or restoring the Wetlands consistent
with the final offsite mitigation plan prepared for the City of Kent Reference section 5.2 of the
South 228`h Street Extension, prepared by Jones & Stokes, dated June, 2003 (Hereinafter
referred to as "the Final Mitigation Plan".)
2. The Final Mitigation Plan shall be implemented under the authority of and subject
to the restrictions contained in the Nationwide Permit #14, No 2002-4-01096, dated May 3,
2003, from the U.S. Army Corps of Engineers, Seattle District, a copy of which is attached to
this Declaration, and by this reference incorporated herein. (Hereinafter referred to as
"Nationwide Permit'.)
P WSPTINick0ec of Cov Rest PacHwy-228th Extension doc Page I of 2
r
3. The mitigation measures set forth in the Final Mitigation Plan shall be performed
no later than December 1, 2005.
4. Any violation of this Declaration shall be deemed to be a violation of the
Nationwide Permit, and the U.S. Army Corps of Engineers may take such enforcement action as
is authorized under federal law.
DATED this day of ST 2004
Le
Thomas Brubaker Don E. Wickstrom
City Attorney Director of Public Works
STATE OF WASHINGTON )
)ss
COUNTY OF KING )
I, the undersigned, a Notary Public in and for the Sate of Washington, hereby certify that on this
30-'?% day of iR of u s7- , 2004-, personally appeared before me i eot«as lrp o! �
Pon 6, to me known to be the individual(s) described in and who executed the foregoing
instrument and acknowledged that they signed and sealed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned ,,..N«Nyt
.•��HgVA �p 11`�;
EA,�,V
Print Name. i=2Alvk tt CK t oq,,_ ci447
Notary Public in and for the State of Washington, ". �,;'- A
Residing at: 7-A co
My commission expires. I L-om- oq=
P\ASPT\Nick\Dec of Cov Rest PacHwy-228th Extension doc Page 2 of 2
LEGAL DESCRIPTION
TH HEAST QUARTER OF SECTION 28, TOWNSHIP 22 NORTH,
RANGE T, W.M., IN KING COUNTY, WASHINGTON DESCRI AS
FOLLOWS: 5v. N-. ■,
THE WEST HALF OF TH ST HALF OF THE H HALF OF THE
SOUTHWEST QUARTER OF NORTH QUARTER OF SAID
SECTION EXCEPT THE WEST 132. T AND EXCEPT THE EAST 135 00
FEET. QQ��
TOGETHER WITH EST 10J5Tafl OFT ST HALF OF THE
WEST HALF E SOUTH HALF OF THE SOUTHW UARTER OF
THE N EAST QUARTER OF fAIDD SEi,-TIQN.
W.KNO
�o�'i�vnsjpi
'•F;ss�p.•' o
L op
li-a$•Zoo�
EXHIBI
ge 1 of 2
S87 '41 ' 19"E 2632. 44 ' 21 22
28 2 27
s
\POR OF S1/2 SW1/4 NE1/4
28, T22N, R4E, WMNE SW1/4 SW1/4 NEi/4'03 '04"W
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LEGAL DESCRIPTION
Pacific Highway South Wetland Mitigation Area
That portion of the south half of the southwest quarter of the northeast quarter of
Section 28, Township 22 North, Range 4 East, W M , in King County, Washington,
described as follows
` Commencing at the north quarter corner of said Section 28, from which point the
northeast corner of said section bears S87041'19"E; thence S01*13'56"W, along the
north south center of section line of said Section 28, a distance of 2643.71 feet to the
center of said Section 28; thence S88010'17"E, along the east west center of section
line of said Section 28, a distance of 132 01 feet to the east line of the west 132.00 feet
of the south half of the southwest quarter of the northeast quarter of said Section 28 and
the TRUE POINT OF BEGINNING of the herein described tract, thence continuing
along said east west center of section line, S88°10'17"E 59 35 feet, thence N01°13'56"E
660 53 feet to the north line of said south half, thence N88003'04"W, along said north
line, 59 35 feet to the east line of the west 132 00 feet of said south half, thence
S01 013'56"W, along said east line, 660 65 feet to the TRUE POINT OF BEGINNING.
Containing 39,204 square feet or 0 900 acres, more or less.
�� =^
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EXHIBIT A
Page 1 of 2
A ;
U.) 2632. 44' 21 22
° 28 27
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132.01 10 t'1 VLJ 2642.86'
2640.65` +cr a�' c 28'z�~`� 1982.00
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PORTION 4E, wM
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28
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DEPARTMENT OF THE ARMY
SEATTLE DISTRICT,CORPS OF ENGINEERS
PO BOX 3755
SEATTLE,WASHINGTONNGTON 98124-3755
REciWMr TO NAY '3 20(13 �i'i'Y
ATT OF OF JjErL-r
Regulatory Branch �NGfyEY 02 2903
R1JVG
City of Kent,Department of Public Works i
Mr Mark Howlett
220—4`h Avenue South
Kent,Washington 98032-5895
Reference 2002-4-01096
City of Kent
Dear Ladies and Gentlemen
1n our letter dated January 30,2003,we stated that Nationwide Permit(NWP) 14"Linear
Transportation Projects"appears to authorize fill in 0 29 acres of wetlands at the headwaters of
South Fork McSorley Creek and replacement of an existing culvert in South Fork McSorley
Creek as depicted on the enclosed drawings dated October 17,2002,and revised drawings dated
February 27,2003 The proposed project would occur in wetlands adjacent to and in South Fork
McSorley Creek at Kent,in King County,Washington We stated that you could not begin
construction until Section 106 of the National Historic Preservation Act(NHPA)coordination '
has been completed
For this project,Washington Department of Transportation(WSDOT)is the designated non-
Federal representative for Federal Highway Administration(FHWA),the Federal lead agency
responsible for compliance with Section 7 of the Endangered Species Act(ESA),the Magnuson-
Stevens Fishery Conservation and Management Act(MSA),as amended by the Sustainable `
Fisheries Act of 1996,and Section 106 of the National Historic Preservation Act For the 1
purpose of this Department of the Army authorization,the U S Army Corps of Engineers has
determined that this project will comply with the requirements of the above laws provided the
permittee complies with special condition"a"listed below Provided you comply with the
special conditions listed below,you are in compliance with General Condition 11 and 12
Therefore,this is final verification that your proposed project is authorized by this NWP
You must ensure that the work is performed in accordance with the enclosed Nationwide Perin
14 Ternis and Conditions and the following special conditions that the Distnet Engineer has
added to ensure that this project would have no more than a minimal adverse impact on the {
aquatic environment-
a You must implement the Endangered Species Act requirements(ESA)and/or
agreements set forth in the Biological Assessment,dated November 16,2002,submitted to the
Federal Highway Administration(FHWA)by WSDOT in its role as designated non-Federal
representative for FHWA The U S Fish and Wildlife Service concurred with a finding of
J
-2-
"may affect,not likely to adversely affect"bull trout,bald eagle,and marbled murrelet based on
this document on April 4,2002,(USFW S reference number 1-3-02-1-0675) The National
Marine Fisheries Service concurred with a finding of"may affect,not likely to adversely affect"
chmook salmon based on this document on February 25,2002(NMFS reference number
WHB-02-029) Both agencies will be informed of this permit issuance Failure to comply with
the commitments made in this document constitutes non-comphance with the ESA and your
US Army Corps of Engineers permit The USFWS/NMFS is the appropriate authority to
determine compliance with ESA
b The wetland area restored and enhanced as compensatory 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 In addition,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 recorded documentation must be provided to the US Army Corps of Engineers,
Seattle District,Regulatory Branch within 60 days from the date of permit issuance
c A status report on the mitigation construction,including as-built drawings,must be
submitted to the U S Army Corps of Engineers,Seattle District,Regulatory Branch,13 months
from the dale of permit issuance Annual status reports on mitigation construction are required
until mitigation construction is complete
d The permittee shall implement and abide by the mitigation plan Conceptual Onsue
Wetland Mitigation Plan,Pacific Highway South HOV Lanes Pt oyect,prepared by Jones and
Stokes,dated February 2003 Mitigation monitoring reports will be due annually for years 1,2,
3,5,7,and 10 for forested systems from the due date of the as-built drawings of the mitigation
site All reports must be submitted to the U S Army Corps of Engineers,Seattle District,
Regulatory Branch and must prominently display the reference number 2002-4-01096
Upon completing the authorized work,you must fill out and return the enclosed
Certificate of Compliance with Department of the Army Pei snit form to the address indicated on
the form Your signature on this form is our assurance that the completed work and any required
mitigation was conducted in accordance with the terns and conditions of this NWP,including
any special conditions required by the District Engineer Completing and returning the
compliance certification form is a requirement of every NWP authorization(see NWP National
General Condition 14)
In order for this NWP authorization to be valid,the State of Washington(State)must have
issued or waived Section 401 Water Quality Certification(WQC)and,for Washington's 15
coastal counties,concurred with or waived a Coastal Zone Management(CZM)consistency
-3-
determination We are unable to determine whether or not your project requires an individual
WQC and/or CZM consistency determination response Before you can proceed with the work
authorized by this NWP,you must contact the following Washington Stale Department of
Ecology office for the State's determination
Washington State Department of Ecology
Northwest Regional Office
3190—160`h Avenue Southeast
Bellevue,Washington 98008-5452
Telephone(425)649-7145
If more than 180 days pass without the State responding to your concurrence requests,your
requirement to obtain an individual WQC and/or CZM consistency determination response
becomes waived You may then proceed to construction
Our verification that NWP 14 authorizes this work is valid for 2 years from the dale of this
letter unless prior to that date,NWP 14 is revoked or modified in a manner whereby the work no
longer meets the requirements of this NWP If the authorized work has not been completed by
that date,please contact us to discuss the status of your authorization
No further authorization is required from this office for your proposed project However,
this authorization does not obviate your responsibility to obtain all additional authorizations,
including State and local permits that are applicable to your project Also,we remind you that
failure to comply with all terms and conditions of this NWP authorization,including any above-
listed special conditions invalidates your 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 of 1899
Thank you for your cooperation during the permit process Your efforts help us protect our
nation's aquatic resources,including wetlands A copy of this letter with enclosures will be
furnished to Jones&Stokes Ms Melissa Charm.11820 Northup Way,Suite E300, i
Bellevue,Washington 98005-1946 If you have any questions about this letter or our regulatory
program,please contact me at(206)764-6934
Sincerely,
Suzanne Skadowski,Project Manager
North Application Review Section
Enclosures
r r
OCT 17 2002
•c }�.,}` 1„ 'i�'-' -_.L.'iert`.Y7est '..�} i '� -'�, :
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„ ,.rjl�'1' 1 t 4•�if^ Yi a ..ni"b--jq •yr7-1
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z
y PraJec Uon WaFmgmnStato Piano
Zone South Zino
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8 pa tum NAD93
kale I •10oDFeet
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Figure 1
9�Jones&Stokes Project Area
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EXISTING DRIVEWAY
\
i
O �
; 0 . . . ... . .
EXISTING BUILDING (TYPICAL) i o , . . . . . . . . . ., . , , . .. . .
/ WETLAND 2 a : .. .SCALE 1' ='T00': • ; ,
j:
ILL ; . . . . . . . . . . . . . . .. .. . . . . ... . .
S
\. o . .. .. . .
\ '� EXISTING HIGHWAY'
IMPACTED WETLAND AREA
(1050 sP ft) . . . . :.� . . . . . . .. . . . .�.!. .
NEW TOE OF A"
SLOPE
\� _ - i�, •\' INPA�TEDrWETLAND AREA . . . ... .
sq
+ �' {
LIMITS OF PROPOSED
HIGHWAY
€ g NEW TOE Of ' ' ' ' : \ �dT-` • :. .• •.
SLOPE '11 • ; . .�0.0QEfy . .... ....:..
To
% OCT 17 XT
PACIFIC HIGHWAY SOUTH HOV LANES
WETLAND IMPACTS
e WETLANDS 1 & 2 SIFT , OF /y
J� vlOq(P FIGURE
ZOOZ-�! PACIFIC HIGHWAY SOUTH HOV LA �_
(ity of Kent WET LANDS 1 & 2 n¢to
P,blm WurL.'Depurtment PEgN VIEW
X� 1 Mf
.wxmsa
wrt fCENT Enemtenne Urviswn
rLL
\ ro S N
SCALE 1"
10o'
EXISTING DRIVEWAY
� Y
E% TING HIGHWAY
Ofj0INARY HIGH
WAT M ER
J EXISTING BUILDING
31 /////'''
'ELEV52407 \ _ � (TYPICAL)
/ I I
EXlsnl�c s0- �_�
cuyvEhT l--
i /EXIST $ EXISTING 4' 'A 4' BOX
GRAVEL,ROAD L^ + CU R
m
SOUTH FORK
N m
McSORLEY CREEK J {{ m N
$ 03 O
TIN,,FvSIDEWALK
TO . .. . . . . . . . . . . . . . . . . .. .
TO REMAIN 1 ^ ^^ . . . . . . . . .. . . .
:. . ... . : . .WETLAND 1'
26225 + ::: •••:::: : ::: ..... ... . .
m
1.LMlTS OF PROPOSED . .
E HIGHWAY
I
8
IMP ACTS `NETLANOO I
PACIFIC HIGHWAY SOUTH HOB LANES
ACT 17
S FISH PASSAGE BARRIER REHABILITATION
FIGURE
7002—L(�U�U!*" PACIFIC HIGHWAY SOUTH HOV LANES —4
(tty of Kent
Pubbc Wurks Depsttment FISH PASSAGE PI;nuRlwrw EHABILiTAT10N
,.n
�� art
/fir 'I 1
\ I
VIEW TOE OF I
SLOPE \
MPACTED WETLAND(AREA �• I \\ EXISTING\HIGHWAY
(1225 sq Lt) j o ,1 \t SCALE 1" = 100'
m \\m
I `I 1 II
EXISTING BUILDING1�
D . (TYPICAL) ,
\/
m •\\ EXISTING DRIVEWAY
0
WETLAND 3 ° \
Y �
L i
+
N
v� \
us
\ � .�
UWTS OF PROPOSED \\
�-----HIGHWAY
PACIFIC HIGHWAY SOUTH HOV LANES
WETLAND IMPACTS
WETLAND 3
OCT 17 wr
's
2002' q-DIO9/v SNOT 5 of 15
liry of Kent PACIFIC HIGHWAY SOUTH HOV LANES FIGURE
Departmentnne ,nn NA NubI.0 Works Department WETLAND 3 5
wr�m� wrt YFNT Fnomrrnnv Lhvninn PLAN VIEW n,c,m
PROPOSED
ROADWAY
272 272
MPA TED
ETL
-
REA
268
288
/ 1
264 264
260
EXIS ING ROUN
260
N tl
o W TLAN 1
N N
-60 -40 -20 0 20 40 60 80
62+50
SECTION A
WETLAND 1
SCALE HORIZ 1" = 20'
VERT 1" = 5'
"s
F
s
OCT 17 Rc"
2002-Y- 01090 of �5
t_av (rty of Kent PACIFIC HIGHWAY SOUTH HOV LANES- FIGURE
Public Works Department WETLAND I _ - 6
IMPACTED
WETLAND AREA
IMPACTED
PROPOSED ROADWAY WETLAND
AREA
266 268
264 264
1 1
z6o N />>EXI TIN ROA WAY ,
N a 260
ETLA D 2 GRO ND WE LAN 1
N N
—60 —40 —20 0 20 40 60
64+40
SECTION B
WETLAND 1 & 2
SCALE* HORIZ 1" = 20'
VERT 1" = 5'
"s
t
OCT 17
0
ZODz
i-2u ^ (tty of Kent PACIFIC HIGHWAY SOUTH HOY LANES FIGURE
5 _^�Public Works Department WETLANDS 1 & 2 7
� t
NEW 36' EXISTING
TORIQFUKAI ��—
TO POND
EXISTING
CHANNEL EXISTING 60"
CMP
————— CULVERT
`\ FISH PASSAGE
�) \ BARRIER
RESTORED-CRE
CHANNEL
I
a4'-T
CORRUGATED
METAL PIPE
ARCH
LOG SILLS
(TW')
SECTION A
McSORLEY CREEK FISH PASSAGE BARRIER REHABILITATION
SCALE HORIZ 1' - 20'
VERT 1' . 5'
EXISTING 60"
CMP CULVERT
1 LINE ARCH BOTTOM WITH
NATIVE STREAM BED
NEW 36' STORM MATERIAL
— DRAIN TO POND
e NOTES —� 1' AT DOWNSTREAM END
aI ALL WORK WILL BE PERFORMED OF CULVERT
WHEN THERE IS NO FLOW IN THIS
2 REACH OF McSORLEY CREEK ELEVATION
(TYPICALLY JULY/AUGUST OCT , ,
L2 ALL DISTURBED BANKS WILL BE SCALE 1' s S'
o RESTORED TO PRE PROJECT
CONDITION AFTER COMPLETION OF
PROJECT
Non, sHE�-r to aF 15
�t=w (tty of Kent PACIFIC HIGHWAY SOUTH HOY LANES FIGURE
+`s '�PUbhc Work}Depirtmenl MCSORLEY CREEK FISH PASSAGE BARRIER s�
'^TOrID °"r ✓KENT Engmeermg Dry lswn STATION 67+50 n�na
332 332
ROA)WAY-
AF EA
328 328
324 / 324
EXISTING ROA WAY
S4-
EX STING GRO ND320n 320
-80 -60 -40 -20 0 20 40 60
94+50
SECTION D
WETLAND 3
SCALE HORIZ 1" = 20'
€ VERT 1" = 5'
g
a
OCT 17
0> I5
tty of Kent PACIFIC HIGHWAY SOUTH HOY LANES FIGURE
PubL�Works Department WETLAND 3 B
VOLUME TABLE
VOLUME IMPACT AREA
WETLAND (CU YD) (Sq Ft)
WETLAND 1 1,579 (FILL) 10380
WETLAND 2 216 (FILL) 1050
WETLAND 3 125 (FILL) 1225
TOTAL 1,920 (FILL) 12655/0 29 ACRE
E
a
OCT 17
ZOCZ- L/- U/09(o � -r IZ of 15
_ ww /\ Lity of Kcn( PACIFIC HIGHWAY SOUTH HOV LANES FIGURE
xnK „o,,.w� O" Publi WV%ks Department WETLAND VOLUME TABLE 10
—_ .
1"
> G
/ 1
If
,113%/1rl�'7�j1�1
tJl`L=� �_
= b i �Gra� nte�nencs Road �i�1
� 11
OCT17 �c�;
s /
la
r Sau¢e City at Kent,DOPatunentaf PUOnC WOM1.z tbOZt N Figure
Feet Ad
d�—�—��- South Detention Por'
9 l Jones&Stokes scale''''00
�,�T 13 of i5
ov?— N— ologo
✓/ �a4�� C O d
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w*mtl•vros*•^Pxwvm�wnranroNv>"s �wa•mmumres�arim•oiuia
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NATIONWIDE PERMIT 14 ,
of Army Corps Engineers- Terms and Conditions
sea"].of>vKi Effective Date March IS,2002
A Description of Authorized Activities-page I
B Corps Regional Specific Conditions for this NWP-page 2
C EPA,Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWP-page 3
D. State WQC Conditions for this NWP-page 3
E State CZM Consistency Determination Conditions for this NWP-page 4
F Corps National General Conditions for all NWPs-page 4
G Corps Regional General Conditions for all N%NTs-page 12
H Additional Limitations on the Use ofNWPs-page 13
1 Further Information-page 14
In addition to any special condition that may be required on a case-by-case basis by
the District Engineer,the follovNing terms and conditions must be met,as applicable,
for a Nationwide Permit 14 authorization to be valid in Washington State.
A. DESCRIPTION OF AUTHORIZED ACTIVITIES
Linear Transportation Projects A nNuies rec uimd for the construction expansion modif ation or
improvement of linear transportation crossings(e g,highways,raih�ays,traits,airport nniways and taxneays)in
waters of the US including wetlands if tla ac¢sny meets the following uneria
a This NWP is subject to the following acreage limits
(1) For linear transportation projects in non-tidal waters,provided the discharge does not cause the loss of
greater than 1/2-acre of waters ofihe US,or
(2) For linear transportation projects in tidal waters,provided the discharge does not cause the loss of
greater than Ira-acre of waters of the US
b The pemuttee must notify the District Engineer in accordance with General Condition 13 irony of the
following criteria are met
(1) The discharge causes the loss ofgreater than Il10-acre of waters of the US,or
(2) There is a discharge in a special aquatic site mcludmg wetlands
c The notification must include a compensatory mmgation proposal to offset permanent losses of waters of
the US to ensure that those losses result only in minimal adv erne efiects to the aquatic environment and a statement
dcs�rib ng how temporary losses w ill be minimized to the maximum extent practcable,
d For discharges in special aquatic sites mcludmg w etlands and stream riffle and pool complexes,The
notification most include a delineation of the affected special aquatic sites,
e The width of the fill is limited to the nummam necessary for the crossing,
f This permit does not authorize stream channelization,and the authorized activities must not cause more
than rrummal changes to the hydraulic flow characteristics of the stream,increase flooding,or cause more than
minimal degradation of water quality of any stream(see General Conditions 9 and 21),
g This pemut cannot be used to authorize non-hnear features commonly associated with transportation
projects,such as vehicle maintenance or storabe buddmgs,parking lots tram stations or aircraft hangars,and
IT The crossing its a single and complete project for crossing waters of the US Where a road segment(i e,the
shortest segment of a road with independent utility that is pan of a larger project)has multiple crossings of streams
(several strip
,le and complete projects)the Corps will consider whether it should use its discretionary authority to
require an hndry ival Permit (Sections 10 and 404)
Note Some discharges for the construction of farm roads,forest roads or temporary roads for moving mining
equipment may be eligible for an exemption from The need for a Section 404 pemut(see 33 CFR 323 4)
B. CORPS REGIONAL CONDITIONS FOR THIS NNVP
1 For private linear transportation crossings fill placed in waters of the US for footprints greater than 22 feel
wide or greater than 200 feet in length are not authorized An mdis ival permit application mist be submitted for
proposed prii ate linear transportation crossings in excess of These hunts
NOTE Private linear transportation crossings are restricted Louse by an individual or a specific group of
individuals
2 The construction of new oraddiourial bank protection or the repair or replacement of existing pawned
bank protection muss incorporate least ensironmentally damaging practicable methods These methods include but
are not limited to the use of bioengineering,biotechnical design,root wads,large woody debris,native plantings,
and fish friendly riprap
3 Construction of new linear transportation crossing are not allowed in playa likes prairie potholes,vemal
pools,kettles,and camas prairie wetlands or within 100 feet of any such sys1LM Expansions and modifications to
existing linear transportonon crossings in these systems require notification to the District Engineer in accordance
wuh General Condition 13
4 Linear transportation crossings activities in tidal waters may be authorized tithe permittee notifies the
District Engineer in accordance with General Condition 13
NOTE Changes in base and peak flows,and water quality impacts that would result directly or indirectly from
linear transportation crossings must be addressed in the pre-constriction notification as required by National
General Conditions 9(Water Quality),13(Notification) and 21(Management of Water Flows)
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C. EPA,PUYALLUP TRiBE AND CHEHALIS TRIBE WQC
CONDITIONS FOR THIS NWP
EPA Puyallup Tribe and Chehalis Tribe water quality certification(WQC)has been dented without prejudice An
individual WQC is required for all Section 404 activities
D. STATE WQC CONDITIONS FOR THIS NWP
State WQC has been partially dented without premdice for this permit An individual WQC,in addition to an
approved mitigation plan,is required poor to Starting woik for any fill-related impacts to tidal waters or to non-tidal
wetlands adjacent to tidal waters
NOTE Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided
in Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals(Ecology Publication 94-29
or as revised)
For projects proposing rmtigation at an Ecology-approved mutigalton bank,applicants shall provide a copy of
the bank credit withdrawal transaction recorded at the county auditor's office
An indnidual 401 Certification is required for projecs or activities authorized under this NWP if the projeeVacuvity
will likely result in any of the following adverse effects
I The project or activity will likely cause or contribute to an exceedance of a State water quality standard
(WAC 173-201A)or sediment quality standard(W'AC 173-204) The requirement to obtain an mdn ival 401
cem6cation shall not apply to projects or activities that are carried out in accordame with the following permits
npprov als,or management practices These projects are presumed to comply with state water quality standards
including state sediment management standards
a Projects or activities where the discharges authorized under this NWP are explicitly authorized or
covered by a National Pollutant Discharge Elimination System permit
b Projects,activities or portions of projects or actn mes designed,constructed and maintained in
accordance with the stormwater standards and practices contained in the most current version of Ecology's
Soormwater Manual or an Ecology approved equryalent
c For WSDOT in-water or over-water construction and maintenance actn rties,an Indic idal 401
certification is not required for those projects tamed out in compliance with 2 though 4 below and the Ecology
approved Implementing Agreement regarding compliance with the state of W aAungton Surface Water Quality
Standards
t
Compliance with this condition will be determined though receipt of signed statement by the W SDOT
project engineer or maintenance supervisor,guaranteeing that the project will meet the latest Ecology approved
Water Quality Implementing Agreement for work In-Water I his statement shall be sent to the Corps of Engineers
along with the JARPA application
2 For projecis'actiy mes not designed in accordance with either Ecology s stormwater manual or an Ecology
approved equn alenl,or for projects where there is credible site specific information which indicates that the
permits,approvals or managcnxnt practices identified above will not be sit ffiaumt to meet state water quality
standards,the applicant nuw provide docmnuuation w ith the application that the project activ lty will othem ise
comply with state water quality standards An mdn ival 401 Certification is required for projects which are unable
to provide documentation that the prujccdactn ny will olhem Ise comply with slate water quality standards
3 Projects Of activities that cause or contribute to a discharge to a waterbody on the state s list of impaired
waterbodies(I e,the 303(d)list]and the discharge may result In fdnher eeceedances of a specific parameter the
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i
t
waterbody is listed for The current list of 303(d)-listed waterbodres is available on Ecology s web site at
http//tarn,ecy ua grit/prograntslvq/303r111998/rrnasl]998 purer segs pdfor by contacting Ecology s Federal
Permits staff
NOTE An individual 401 Certification will not be required if the applicant provides documentation showing that
the project or activity will either not result in a discharge containing the listed parameter or,if present,the parameter
will not contribute to an increased impairment of the waterbody
4 Projects that do not incorporate structures andtor modifications beneficial for fish or wildlife habitat(e g
sod bioengineering,biotechnical design rock barbs,etc)
NOTE An individual 401 certificannn will not be required if the projecb'acinity is designed and constructed in
accordance to guidelines developed by the Washmgton State Department of Fish and Wildlife
E. STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR
THIS NWP
l he Coastal 7me Management(CZM)Consistency Determni aunt has been partially denied without prejudice for
this NW P An lndnidual CZM Consistency Response must be obtained for projects requiring mdnidual 401
Certification and located within counties in the coastal zone
F. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs
1 Navigation No activity may cause more than a mmunal adverse effect on navigation
2 Proper Maintenance Any slmcmre or fill authorized shall be properly maintained,including maintenance to
ensure public safety
3 Sal ErDsmn and Sediment Controk Appropmate sod erosion and sediment controls must be used and
maintained in etfecine op,ratmg condition during construction,and all exposed sod 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
Pemuttees are encouraged to perform work within waters of the United Stales during periods of low-flow or no flow
4 Aquatic Ldi'ilmenrents No aemny may uibstenually disrupt the necessary life-cycle incitements of those
species ofaquatic life indigenous to the waterbody inducting those species that nomully migrate through the area
unless the activity s primary purpose is to impound water Culverts placed in streams must be installed to maintain low
flow conditions
5 Equipment Heavy equipment working in wetlands must be placed on mats,or other measures must be taken
to nommize soil disturbance
6 Regional and Case-Bv-Case Conditions The activity must comply with any regional conditions that may
have been added by the Dn o ion Engineer(see 33 CFR 330 4(e))and with any case specific conditions added by the
Corps or by the state or tribe in its Section 401 Water QualiTy,Certification and Coastal Zone Management Act
consistency determination
7 W dd and Scenic Rivers No activity may occur in a component ofthe National Wild and Scenic River
k System,or in a river officially designated by Congress as a"study river' for possible inclusion in the system,while the
rner is in an official study status,unless the appropuaie Federal agency,with direct management respumtbiliry for
such rner has deternuned in writing that the proposed aetn it)will not adsersely affect the Wild and Scen¢River
designation or study status Information on Rild and Scenic Risers may be obtained from the appropriate Federal land
management agency in the area(e g,National Park Sery tie U S Forest Sen ice Bureau of Land Management,U S
Fish and Wildlife Service)
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g Tribal Rights No activity or its operation may Impair reserved tribal rights,including,but not limited to,
reserved water rights and treaty fishing and hunting rights
9 Water Quality
(a) In certain states and tribal lands an umdnrdual 401 Water Quality Certification must be obtained or
waned(See 33 CFR 330 4(c))
(b) For NW Ps 12 14,17,18,32,39,40,42 43,and 44,where the state or tribal 401 Certification(either
generically or individually)does not require or approve water quality management measuas,the Perot must
provide water quality management measures that will ensure that the authonzed work does not result in more than
mimmal degradation of water quality(or the Corps determines that compliance with state or local standards,where
applicable,will ensure no rnore than minimal ad%erse effect on water qualit)) An important component of water
quality management includes sionnwa ter mans Bement that minimizes degradation of the downstream aquatic system,
mcludmg water quality(refer to General Condition 21 for stormwater management requirements) Another mportant
component of water quality management is the establishment and maintenance of vegetated buffers next to open
waters,including streams(refer to General Condition 19 for iegetated buffer mqua ments for the NWPs) This
condition is only applicable to projects that have the potential to affect water quality Whnlc appropriate measures must
be taken,it,most cases it is not necessary to conduct detailed studies to identify such measures or to require
monitoring
10 Coastal Zone Management In certain states,an individual state coastal zone management consistency
concurrence must be obtained or waived(see 33 CFR 330 4(d))
11 Endangered Species
(a) No acti try is authorized under any NWP which is likely tojeopardize the continued existence of
threatened or endangered species or a species proposed for such designation,as identified under the Federal
Endangered Species Act(ESA) or whnh will destroy or adversely modify the critical habitat of such species Non-
federal pemuttees shall notify the Distinct Engineer if any listed species or designated critical habitat ought be affected
or is in the vicinity of the project,or is located in the designated critical habitat and shall not begin work on the activity
until notified by the District Engmrer that the requacmenb of the ESA hale been satisfied and that the actr,uy is
authorized For acts sties that may affect Federally-listed endangered or threatened species or designated critical
' habitat the notification must include the name(s)of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may,be affected by it],Proposed work Asa result of
formal or infanta]consultation with the FW S or NMFS the District Engineer may add speces-specific regional
endangered species conditions to the NW Its
(b) Aurhonzation of an activity by a NWP does not authorize the"take"of a threatened or endangered
species as defined under the ESA In thL absence of separate authorization(e g,an ESA Section 10 Permit a
Bioloteical Opuuonwnh incidental saki'prom isions ete)fromthe USFWSor IheNMFS both lethal and non-lethal
*takes of protected species are in r iolation of]lie ESA Information on the location of threatened and endangered
species and thcu critical habitat can be obtained directly from the Off aes of the USFWS and NMI S or their world wide
web pages at http Vu w u fits got,,,9eud,pp'em1spp hind and help 01nnt nolf5 nova got tpror_res/oi en neu/et honl
respects ely
12 Historic Properties No activity which may affect historic properties listed,or eligible for listing in the
National Register of Ilistoric Places is authorized,until the District Engineer has complied w ith the prom isnons of 33
CFR part 325 Appendix C The prospective penntiee must notify the District Enemeer tithe authorized activity may
affect any historic properties listed,deternuned to be eligible,or which the prospecine parmntee has reason to beheve
may be eligible for h+mug on the National Regrsirr of Iistoric Places,and shall not begin the a,try try until❑otified by
the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the
acin try is authorized Information on tht,location and existence of historic resouruts can be obtained from the State
Historic Preservation Office and the National Register of Historic Places(see 33 CFR 330 4(g)) For it that
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may affect historic properties listed in,or eligible for listing in,the National Register of Historic Places,the notification
must state which historic property may be affected by the proposed work or include a vicinity map indicating the
location of the historic property
13 Notification
(a) Tuning Where required by the terms of the NWP,the prospective permittee must notify the District
Engineer with a preconstruction notification(PCN)as early as possible The District Engineer must determine if the
notification is complete w nhin 30 days of the date of receipt and Lan request additional information necessary to make
the PCN complete only once However,if the prospective pemirttee does not pro,ideal]of the requested informiation,
then the District Engineer will notify the prospective peruttee that the notification is still incomplete and the PCN
rev rcw process w dl not continence until all of the requested infomution has been rece%ed by the District Engineer
The prospective pemnttee shall not begin the activity
(1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with
any special conditions imposed by the District or Division Engineer or
(2) If notified in writing by the District or Div ision Engineer that an Individual Permit is requited or
(3) Unless 45 days ha,e passed from the District Enomeer's receipt of the complete notification and the
prospective permittee has not received written nonce from the District or Division Engineer Subsequently the
pemuttee's right to proved udder the NWP may be modified suspended or resoked only in accordance with the
procedure set forth in 33 CFR 330 5(d)(2)
(b) Contents of Notification The notification must be in writing and include the following information
(1) Name,address and telephone numbers of the prospective pemnttee,
(2) Location of the proposed project,
8 (3) Brief description of the proposed project,the project's purpose direct and indirect adverse
environmental effects the project would cause,any other NW P(s),Regional General Pemut(s),or Individual Pemuns)
used or intended to be used to authorize any part of the proposed projector any related activity Sketches should be
pro,riled when necessary to show that the xctn it)complies with the lemis of the NWP(Sketches usually clarify the
project and when provided result in a quicker decision),
(4) For NWPs 7 12,14,18,21,34,38,39,40 41,42,and 43,the PCN must also include a delineation
of affected special aquatic sues,including wetlands ,evelated shallows(e g,submerged aquatic,egetation,seagrass
beds),and riffle and pool complexes(see paragraph 13(t)),
(5) For NWP 7(Outfall Structures and Maintenance),the PCN must include infomution regarding the
original design capacities and configurations of 1110sL areas of the facility where maintenance dredging or excavation is
proposed,
(6) For NWP 14(Linear Transportation Projects),the PCN must include a compensatory mitigation
proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of
the US will be minimized to the maximum extent practicable,
(7) For NWP 21(Surface Coal Mining'ictivnres) the PCN must include an Office of Surface Mining
(OSM)or state-approved mitigation plan if applicable To be authorized by this NWP,the District Engineer must
determine that the activity complies wuh the taints and conditions of the NWP and that the adverse emuonnrental
effeLis are minimal both nrdividually and cumulatively and must notify the project sponsor of this detemmiation in
writing
(8) For NWP 27(Stream and Weiland Restoration Activities),the PCN must include documentation of
r the prior condition of the site that will be reverted by the permrnee,
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(9) For NWP 29(Single-Family Housing),the PCN must also include
(i) Any past use of this NWP by the Individual Perri and/or the permittee's spouse,
(it) A statement that the single-farmly housing a in try is for a personal residence of the pemuttee
(tit)A description of the entue parcel,including its size,and a delineation of wetlands For the
purpose of Ihis NWP,parcels of land measuring IA-acie or less till not require a formal on-site delineation However,
the applicant shall prof ide an indication of where the wetlands are and the amount of wetlands that exists on the
property For parcels greater than IA-acrein size,formal wetland delineation must be prepared in accordance with the
,,urrent method required by the Corps (See paragraph 13(fil,
(iv)A written description of all land(including,if available,leeal descriptions)owned by the
prospective pemuttee antbor the prospective pemu nee s spouse within a one mile radius of the parcel,in any form of
ownership(including anv land owned as a partner corporation Joint tenant,co-tenant or as a tenant-by-the-ennrety)
and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed,
(10) For NTW'P 31(Ivlamtenance of Existing Flood Control Facilities),the prospects a perm/tee must
either notify the District Engineer with a PCN prior to each maintenance activity or submit a fire year(or less)
maintenance plan In addition,the PCN must include all of the following
(0 Sufficient baseline information identifying the approved channel depths and configurations and
existing facilities Minor deviations are authorized pro%ided the approv ed flood control protection or drainage is not
increased,
(n) A delineation of any affected special aquatic sites,including wetlands,and,
Jun)Location of the dredged material disposal site,
(11) For NWP 33(Temporary Construction,Access,and Dewatering),the PCN must also include a
restoration plan of reasonable measures to atoid and maumtze adverse effects to aquatic resources,
(12) For N'W Ps 39,43 and 44,the PCN must also include a written statement to the District Engineer
explaining how avoidanLC and mannuzation for losses of waters of the US were achieved on the project site
(13) For N W P 39 and NWP 42 the PCN must include a compensatory mrtigatiun proposal to offset
losses of waters of the US or justification explaining why compcn�atory mitigation should not be rc quucd For
discharges that cause the loss of greater than 300 linear feet of an mtenruttent stream bed to be authorized,the District
Enemeer must detennme that the actin dy compLes with the otter terms and condmons of the NWP,determine adverse
envtronmental effects are trummal both individually and cumulatively,and wane the limitation on stream impacts In
writing before the pernutice may proceed,
(14) For NWP 40(Agricultural Actmues),the PCN must Include a compensatory mitigation proposal to
offset losses of waters of the US This NW P does not ainhortze the relocation of greater than 3001 wear-feet of existing
seniceable drainage ditches constructed in non-tidal streams unless,for drainage ditches constructed in intermittent
non-tidal stnarns the District Enemeer waives this criterion in wrnmd and the District Engineer has dcteunined that
the project complies with all terms and conditions of this N�N P,and if at any adverse impacts of the project on the
aquatic em tronment are minimal,both individually and cutruhnnely, -
(15) For NWP 43(Stormwater Management Facilities),the PCN must include for the construction of
new sionnwater facilities,a maintenance plan(in accordance with state and local aquirements,if
applicable)and a compensatory nuugation proposal to offset losses of vvanrs of the US I or discharges that cause the
loss of greater than 300 Lnear leered an imermnant stream bed to be authonzed the Dntriet Engineer must detennme
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F
that the acts try complies with the other terms and conditions of the NWP,determine adverse environmental effects are
minimal both individually and tumulam ely,and waive the]mutation on stream impavts in wnlmg before the penmttee
naay proceed,
(16) For NWP 44(Mining Activities) the PCN most include a description of all waters of the US
adversely affected by the project,a description of measures taken to minimize adverse effects to waters of the US,a
description of measures taken to conrph with the en tcna of the NWP and a reclamation plan(for all aggregate numng
actiunes in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock'mmeral mining activities),
(17) For acm ites that may adversely affect Federally-listed endaneered or threatened species,the PCN
must include the nanre(s)of tho,e end ingered or threatened species that may be affected by the proposed work or
utilise the designated critical habitat that may be affected by the proposed work,and
118) For activates that may affect historic properties listed in or eligible for listing in,the National
Register of Historic Places,the PCN must state which h61nrr,property may be affected by the proposed work or
include a v heinity map indicating the location of the historic property
(c) Form of Notification The standard Indhv hdual Permit application form(Form ENG 4345)my be used
as the non6eation but must clearly mduate that it is a PCN and must include all of the information required in(b)(q-
(18)of General Condition 13 A letter containing the requisite information may also be used
(d) District Engineer's Decision In rev hew mg the PCN for the proposed activity the District Engineer will
determine whether the activity authorized by the NWP vs ill result in more than minimal individual or cumulative
adverse ern voomental effects or may be contrary to the public interest The prospective per ittee may subout a
proposed mitigation plan with the PCN to evpedue the process The District Fngrneer will consider any proposed
compensatory nungation the applicant has i n.luded m the proposal in determining whether the net adverse
emuonmernal effev.ts to the aquatic envronmem of the proposed work are minimal If the Dismct Engineer
determines that the activity complies with the loons and condmons of the NW P and that the adverse effects on the
aquolr<environment are minimal after con,rdenng nuugation du District Fngmeer will notify the permittee and
include any conditions the Dhstritt Engineer deems necessary The District Engmeer must approve any compensatory
mitigation proposal before the ptrunee COnIDlentCs cork If the prospective p,munee is required to submit a
compensatory,rmtigatton proposal wuh the PCN the proposal may be either conceptual or detailed If the prospective
perinmee elects to submit a compensaiur}mitigation plan with the PCN,the District Engineer Dill evpedinousl)
review the proposed compensator)minoenon plan the District Engineer must review tht plan within 45 days of
receiving a complete PCN and determine whether the conceptual or spcufic proposed mitigation would erasure no more
than minimal adverse effects on the aquatic environment If the net adverse effects of the project on the aquatic
emhronment(after consideration of the eompeiasatory mmgation proposal)are dcterrnmed by the District Engineer to
be mammal,iht DiStrJLr Engineer will prow idea timel)written response to the apples ant Tire response will state that
the project can proceed under the terms and conditions of the NWP If the Dismm Engmeer determines that the
adverse effects of the proposed work are more than minimal then the District Engineer will notify the applicant either
(1)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an Indn ival Prrmn ('_)that the project is authonzed under the NWP subject to the
applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic env irenment to the
minimal level,or(3)that the project is authorized under the N W P w ash specific modifications or conditions Where the
Disuut Fngrneer determines that mmgauon is required to ensure no more than minimal adverse effects occurto the
aquatic environment the acuvmty uill be authorized within the 4�-day PCN period The authorization will include the
necessary conttptual or specific mmgation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse et ftcts on the aquatic enviroimment to tlme mula rel level When conceptual mitigation is included,or
a mitigation plan is required under utm 1?)above no work in waters of the US wdl occur until the District Engineer
has approved a specific mitigation plan
(e) Agency Coorduratou The District Engineer will consider any comments from Federal and state
agencies concerning the proposed activity's compliance wash the terns and conditions of the NWPs and the need for
mitigation to reduce the projett's adverse emironmuital effects to a minimal level For activities requiring notification
to the Distritl Engmeer that result it,the loss of greater than 111aerc of waters of the US,the Datnct Engmeer will
provide unmcdtately(e g via facsumle tran5nn551011,ovtmhght mail,or other expeditious manner)a copy to the
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,
• , i r
appropriate Federal or state offices(USFWS,state natural resource or water quality agency,EPA,State Historic
Preservation Officer(SHPO),and If appropriate,the NMFS) With the exception of NWP 37,these agencies will then
have 10 calendar days from the date the material is Iran+mined to telephone or fax the Durnci Engineer notcethat they
intend to provide substantive sue-specific comments If so contacted by an agency,the District Engineer will wart an
additional 15 calendar days before making a decision on the notification The District Engineer will fully consider
agency comments received within the specified time frame but will prom rde no response to the resource agencv,except
as provided below The District Engineer w ill urdica to in the admit-II c record asset fated wall each notification
that the resource agencies'concerns were considered As required by section 305(b)(4)(B)of the Magnuson-Stevens
FishLry Conservation and Management Act the District Fnguicer will provide a response to NMFS withni 30 days of
receipt of any Essential Fish Habitat conservation recommendations Applicants are encouraged to pros rde the Corps
multiple copies of notifications to expedite agency notification
(f) Wetland Delineations Weiland delineations must be prepared in accordance with the current method
required by the Corps(For NWP 29 see paragraph(b)(9)(m)for parcels less than(I/4-acre in size) The pemuuee may
ask the Corps to delineate the special aquatic site There maybe some delay tithe Corps does the delineation
Furthermore the b-day period will not start until the wetland delineation has been completed and submitted to the
Corps,where appropriate
14 Compliance Certification Every perimnee who has received NWP verification from the Corps will submit
a signed certification regarding the completed work and any required mitigation The cerinfrcation will be forwarded by
the Corps with the authorization letter and will include
(a) A statement that the authorized work was done in accordance with the Corps authorization,including any
general or specific conditions,
(b) A statement that any required mitigation was completed in accordance with the permit conditions,and
(c) The signature of the pernuaee certifying the completion of the work and mitigation
15 Use of Multiple Natinno rde Permits 'Reuse of more than one NW P for a single and complete project rs
prole dined,except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit
of the NWP with the highest specified acreage limn(e g if road crossing mer tidal waters is constructed under
N AT 14,with associated bank stabilization authorized by NA P 13,the maximum acreage loss of waters of the US for
the total project cannot exceed 1/3-acre)
16 R aler Supply Intakes No activity,including structures and work in navigable waters of the USor
discharges of dredged or fill material may occur in the proximity of a public water supply intake except where the
aUrvay is for repair of the public water supply intake structures or adjacent bank stabilicalion
17 Shellfish Beds No acne try,including structures and work in navigable waters of the US or discharges of
dredged or fill material may occur In areas of concentrated shellfish populations,unless the activity is directly related
to a she]If sh harvestmg activ try authorized by NWP 4
18 Smtablelilaterial No actimlty,including structures and work in navigable waters of the US or discharges of
dredged or fill material may consist of unsuitable material to g,trash,debris,car bodies asphalt,etc)and material
used for construction or discharged must be free from toxic pollutants in toxic amounts(see section 307 of the CWA)
19 Mitigation The District Engineer w ill consider the factors discussed below when determining the
acceptabihty of appropriate and practicable mitigation necessary to uffsi-t adserse effects on die aquatic em iroriment
that are more than minimal
(a) The project must be designed and constructed to avoid and mmm ze adverse effects to waters of the US
to die maximum extent practicable at the project site(I e,on site)
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I i f
(b) Mitigation in all its forms(avoiding nummrztng,rectifying,reducing or compensating)w ill be required
to the extent necessary to ensure that the adverse effects to the aquatic envuonmcnt are minimal
(e) Compensatory mitigation at a❑ummum one-for-one ratio will be required for all wetland impacts
requiring a PCN unless the District Engineer determines in writing that some other form of nu0gation would be more
envirommentalhv appropriate and provides a project-specific waiver ofthis requirement Consistent with National
policy,the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation,with
preservation used only in exceptional circumstances
(d) Compensatory mitigation(i e,replacement or substitution of aquatic resources for those compacted)will
not be used to increase the acreage losses allowed by the acreage limns of some of the NWPs For example,Ii4-acre of
wetlands cannot be created to change a 314-acre loss of wetlands to a 1/2-acre loss associated with NWI?39
verification Howe%er,1,2-acre of created wetlands can be used to reduce the impacts of a 1/2-acre loss of wetlands to
the mnmmum impact Iet el in order to meet the nununal impact requirement associated with NWPs
(e) To be practicable,the mitigation must be available and capable of being done considering costs,existing
technology,and logistics in light of the ocerali project purposes Examples of n rt gatnon that may be appropriate and
practicable include but are not imated to reducing the size of the project,establishing and maintaining wetland or
upland yebetated buffers to protect open waters such as streams,and replacing losses of aquatic resource functions and
values by creating,restoring,enhancing,or presening similar functions and values,preferably in the same watershed
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include
a requirement for the establishment maintenance and legal protection it g,easements,deed reslTncuone)of vegetated
buffers to open waters to many cases %egetaled buffers will be the only compensatory mitgation required beaetated
buffers should consist of native species The width of the yebetated buffers required will address documented water
quality or aquatic habitat loss concerns Normally,the vegetated buffer will be 2i to 50 feel wide on each side of the
stream,but the District Engineers may require slighth wider vegetated buffers to address documented water quality or
habitat loss concerns lb here both wetlands and open waters exist on the project site the Corps will determine the
appropriate compensatory mitigation to g,stream buffers or wetlands compensation)based on what is best for the
aquatic em nronment on a w aiershed basis In cases w here vegetated buffers are determined to be the most appropriate
form of compensatory mitigation the District Eagmecr may wane or reduce the requirement to proccodc.etlaod
compensatory mitigation for wetland compacts
(g) Compensatory mitigation proposals submitted with the"notification"maybe either conceptual or
detailed If conceptual plans are ppm,ed under the verification,then the Corps will condition the verification to
require detailed plans be subrmmed and approved by the Corps prior to conshm.tion of the authorized aeuyny in waters
of the US
(h) Permeates may propose the use of mitigation bands,to-lieu fee arrangements or separate activity-specific
compensatory mitigation In all cases thin require compensatory mitigation,(fine mitigation provisions will specify the
party responsible for accomplishing and'or complying with the mitigation plan
20 Spawning Areas Actn iies including strictures and work in navigable waters of the US or discharges of
dredged or fill material in spaw nmg areas during spawning seasons must be avoided to the maximum extent
practicable Activates that result in the physical destruction(e g,excav ale,fill,or smother downstream by substantial
turbidity)of an important spawning area are not authorized
21 Management of Water Flows To the maximum extent practicable,the activity must be designed to
maintain preeoms ,tion downstteam flow conditions(e g location capacity,and flow rates) Furthermore,the
activity must not permanently restrict or unpedc the passage of normal or expected high flows(unless the primary
purpose of the fill Is to impound waters)and the structure or discharge of dredged or fill material must withstand
expected high flows The aetis rty mint,hi the maximum event practicable provide for retaining excess 00"S from the
site,provide for maintaining surface flow rates front the site similar to preconstmction conditions and procoide for not
un.reasnng%%aucr Rows from the project sic relocating water,or redirecting water slow beyond preconstruction
conditions Stream channehzing will be reduced to the nvmmal amount necessary,and the achvrty nmst,to the
maxurlum extent practicable reduce adverse effects such as flooding or erosion downstream and upstream of the
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a t i
project site,unless the activity is part of a larger system designed to nonage water flows In most cases,rt will not be a
requirement to conduct detailed studies and monitoring of water flow This condition is only applicable to projects that
have the potential to affect waterflows While appmprialc measures must betaken,it is not necessary to conduit
detailed studies to identify such measures or require monitoring to ensure then effectiveness Normally,the Corps will
defer to state and local authorities regarding management of«ate/flow
22 Adverse Effects From Impoundments If the activity creates an impoundment of water,adverse effects to
the aquatic system due to the acceleration of the passage of water and/or the restricting its flow shall be rrumrruzed to
the maximum extent practicable This includes structures and work in navigable waters of the US,or discharges of
dredged or fill material
23 Waterfowl Breeding Areas Actn hies,mtludmg shuctures and work in navigable waters of the US or
discharges of dredged or fill material into brecdnig areas for migratory waterfow I must be avoided to the maximum
extent practicable
24 Removal of Temporary Fills Any temporary fills must be removed in their eritirety and the affected areas
returned to their prcevsting clev ation
25 Designated Critical Resource Waters Critical resource waters Include,NOAA-designated marine
sancruanes,National Estuarine Research Reserves,National Wild and Scenic Rivers,critical habitat for Federally listed
threatened and endangered species,coral reefs,state natural heritage sues and outstanding national resource waters or
other waters officially designated by a state as ha%mg psmcmlar env monmental or ecological significance and identified `
by the District Engineer after notice and opportunity for public comment The District Engineer may also designate
additional critical resource water after notice and opportunity for comment
(a) Except as noted below,discharges of dredged or fill material into waters of the US are not authorised by
MVPs 7,12,14,16,17 21,29,31,35 39,40,42,43,and 44 for any acne iw wrtlun,or directly atTecting entical
resource waters,including wetlands adjacent to such waters Discharges ofdredgeai or fill materials into waters of the
US may be authonzed by the above N VPs in National Wild and Scenic Rivers tithe activity complies with General
Condmon 7 Fun her such discharges may be authorized in dvsignated critical habitat for Federally listed threatened or
endangered species if the activity complies with General Condition I I and the USF W S or the NMFS has concurred in
a determination of:ompliance w dh this condition
(b) For N W Ps 3 8,10,13,15,18,19,22,23,25,27,28,30,33,34,36 37,and 38,notification is required in
accordance with General Condition 13,for any activ ity proposed in the designated critical resource waters including
wetlands adjacent to those waters The District Engineer nray authorize aLtiv mes under these NW'Ps only after it is
determined that the Impacts to the critical resource waters w ill be no more than minimal
26 Fills R Min 100-fear Floodplams For purposes of this General Condition,100-year floodplarns will be
identified through the existing Federal Emergency Management Agency's(FEMA)Flood Insurance Rate Maps or
FEMA-approved local floodplam maps
(a) Discharges in Floodpla n Below Headwaters Discharges of dredged or fill material into waters of the
US within the napped 100-year floodplam,below headwaters(I e,5 cfs),resulting in permanent above-grade fills,arc
not authormed by N WPs 39,40,42,43,and 44
(b) Discharges in Floodway,Above Headwaters Discharges of dredged or fill matcnal into watirscf the US
within the FEMA or locally mapped floodwav resulting m permanent above-grade fills are not authorized by NW Ps
39 40,42,and 44
(c) The pemuttee must comply with any applicable FEMA-approved state or local floodplam management
requirements -
27 Construction Period For activities that have not been verified by the Corps and the project was commenced
or under contract to commence by the expiration date of the NN P(or modification or revocation date),the work must
be completed within 12-months after such date pnLlud Ing any mode fi.auon that affects the projec0 For activities that
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have been verified and the project was commenced or under contract to commence within the verification period,the
work must be completed by the date detemnncd by the Corps For p%7e,ts that have been vcrtfrvd by the Corps,an
extension of a Corps approved completion date maybe requested Tlus request must be submitted at least one month
before the prey iously approved completion date
G. CORPS REGIONAL GENERAL CONDITIONS FOR ALL NWPs
I Mature Forested and Bog and Bog-like Wetlands The use of MVPs is specifically prohibited in mature
forested wetlands or bog and bog-like wetlands or)ust these components of a wetland system(as defined in the
Definition section of this Pubhv Notice),except for pro)evts piov idea coverage under the following NWPs
NWP 3(1 it) _ Maintenance
N14'P 20 - Oil Spill Cleanup
NWP 32 - Completed Enforcement Actions
NWP 38 - Cleanup of Hazardous and Toxic Waste
NWP40(a) - USDA program pamupant
NOTE MVP regulations do not allow the regional conditioning of NWP 40(a)
2 Auess You must allow representatives from this office to inspect the authorized acuiny al any time deemed
necessary to ensure that it is being,or has been,accomplished in accordance with the terms and conditions of you
permit
3 Commencement BAv An individual pernut is required in the Commencement Bay Study Area(CBSA)for
activities which would have qualified lot the following NWPs
MVP 12- Utility Line Activities(substations and access roads)
NWP 13- Bank Stabilization
NWP 14- Linear Transportation Crossings
NWP 23 - Approved Categorical Exclusions
NW P 29- Single I amdv Housing
NWP 39 - Residential,Commercial,and Institutional Developments
MFP 40- Agneultural Acnv roes
MVP 41 - Reshaping Existing Drainage Ditches
NWP 42- Recreational Faulitiu
NWP 43- Stormaater Management Facilities
The CBS A is located near the southern end of Puget Sound's main basin at Tacoma,Pierce County,Washington The
CBSA extends from Brown's Point around the bar to Point Defiance and includes the commercial waterways,
wetlands,and any other)urisdicnonal waters From Point Defiance,the line runs southeast to State Route 7(Pacific
Avenue) then south to the eentvdine of 1-5 then east(northbound lanes)along 1-5 to the Puvallup River She
boundary extends 200 feet on either side of the Puyallup Rner southeast to the Clark Creek Road(Melro,)Bridge
Front the Puyallup Riv er,the boundary extends cast along 1-5 to Milt Avenue E The line then returns to Drowri's
Ponit to the northwest,follow mg the 100-fool contour elevation above sea level located east of Hylebos Creek and
Marme View Drry e
4 Mill Creek Speual Area Management Plan(SA.MP) Within the boundaries of the(SAMP),the following
NWPs can be used only in those areas designs ed as'Developable Wetlands'
NWP 14- Linear Transportation Crossings
NWP 23- Approved Categorical Exclusions
NWP 29- Single-Family llousing
NWP 33- Temporary Construction,Access and Dewatering
NWP 39- Residential,Commercial,and Institutional Developments
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k
NWP40— Agricultural ActiVInell
NWP41 — Reshaping Cvstmrg Drainage Ditcht,
NW P 42 — Recreational Facilities
NW'P 43 — Siornnvater Management Facilities
Until the SAMP is approved the users of these NW Ps listed above(except NWT 403)must notify the Distract
Engineer in accordance with General Condmnn 13 for any acreage or volume proposed Once the SAMP is approved,
the Notification"limits will be as specs icd in the individual NW Ps
Mitigation requirements for these projects must either be ons to or within the areas designated as'Preferred Mitigation
Sates' mitigation plans mint comply w rah the requirements found wuhm the Mill Creek Special Area Management
Plan King County W aehingtoa dated April 2000
An individual pernut is required for all proposals in"Developable Wetlands' that would have qualified for NWPs other
than those listed above
NW P 27 Stream Rcstomtion and Enhancement Activities can be used within the SAMP,but must comply with the
requirenents found suthut the Mill Creek Special Area Management Plan,King County,Washington
The mill Creek SAMP applies to all areas and tributaries drained by hill Creek(Auburn) Mullen Slough,Midway
(reek Aubw n Ci cck and the area bounded by 4th Street Northeast in Auburn on the south and the Ordmary High
Water mark of the brecn River on the east and north
5 Prohabiled\fork Tunes for Bald Eigle Protection For compliance with National General Condition I
the follow ntg construction activity prohibitions apply to protect bald eagles,listed as threatened under the Endangered
Speues Act
la) No conimction actnov zmhorized under a\WP shall occur w nhm L4 mile ofan occupied bald eagle
nest noon nil i oost site,or"unci ing wncenti at on sea wnhui the follow utg seasonal w ork prohibition times
(b) No construction aetiv uy 311010nzcd under a NW'P shall occur w nhm 1/2 mile BY LINE OF SIGH r of an
occupied bald eagle nest or nocmrnal roost site,within the following seasonal work prohibition times
Work prohibition times
(1) Nesting between January I and August 15 each year
(2) Wallerug areas between November I and March 31 each year
Exceptions to these prohibited work times can be made by request to the Corps and approved by the U S Fish and
Wildhly Senrcc tUSFWS)
COntail the USF W S to determne if a bald eagle nest,nocturnal roost,or wmtermg concentration occurs near your
proposed project
Westof Cascades Olympia Office—(360)753-9440
East of Cascades Ephrata—(509)754-85S0 or Spokane—(509)893-8002
Matnstennotthe Columbia Rnerdownstrcamfiom McNiry Dam i'ortland—(503)231-6179
H. ADDITIONAL LIMITATIONS ON TIIE USE OF NWPs
I District Engineers have authority to determine if an activity complies wnh the terns and conditions of an
NWP
13
2 NWPs do not obmaie the need to obtain other Federal,stale,or local permits,approvals,or authorizations
required by law
3 NR'Ps do not grant any property rights or exclusive pm ileges
4 N WPs do not authorize any injury to the property or rights of others
5 NW Ps do not authorize inlet ference wuh any c�istmg or proposed Federal project
6 if future operations by the United States require the removal,relocation,or other alteration of the work
herein authorized or if in the opinion of the Secretary of the Arm)or his authorized representative,said
structure or Not shall cause unreasonable obsti uction to the free navtoation of the navigable waters,you
w ill be required,upon due notice from the U S Ai my Corps of Engineers to remove,relocate or alter the
strucnual woi k or obstructiarS caused thereby,without e%pense to the Untied States No claim shall be
made against the United States on account of any such renno%at or alteration
1. FURTHER INFORMATION
Further information about the U S 4mry Corps of Engineers regulatory program,including nationwide permits,tiny
also he accessed on our Iruernet pace hrrp//o%a rrn s mace arm) nd(select RegulatoryiNnoits')
14
us Corp CERTIFICATE OF COMPLIANCE
of Engineers• WITH DEPARTMENT OF THE ARMY PERMIT
Searle Dismd
Permit Number 2002-4-01096
Nave of Pemuttee City of Kent
MAY 3 2)03
Date of Issuance
Upon completion of the activity authorized by this permit,please check the applicable
boNes below,sign this certification,and return it to the following address
Department of the Army
U S Amry Corps of Engineers
Seattle District,Regulatory Branch
Post Office Box 3755
Seattle,Washi w_ion 99125-3755
Please note that your permitted acti%rty is subject to a compliance inspection by a
U S Army Corps of Engmeers representau%e if you fail to compty with the terms and
conditions of your authorization,your project is subject to suspension,mode fication,or
revocation
EjThe work authorized by the aboNe-referenced permit has been completed in
accordance ii ith the temis and conditions of this permit
The mitigation required(not including monitoring)by the above-referenced
Elpei nut has been completed in accordance with the terns and conditions of
this pernut
Signature of Per attee