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HomeMy WebLinkAboutPW09-368 - Other - City of Kent - Covenants & Restrictions for Wetland Area of the South 228th St Extension Project - 04/29/2009 Return Address: I City of Kent 20090501001653 Property Management KING 1COUN8y 13.43 84 00 220 4`�' Avenue South � LjA 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 Declaration of Covenants and Restrictions for Wetland Area of the South 228th Street Extension Project Reference Number(s) of Documents assigned or released: 4��2 Additional reference Ws on page of document Grantor(s) (Last name first, then first name and initials) L 6 1 The City of Kent ❑ Additional names on page of document Grantee(s) (Last name first, then first name and initials) 1. The Public ❑ Additional names on page of document. Legal descriptions (abbreviated: i e lot, block,plat or section, township, range) A Birk/Ptn NE 28-22-04, B Donofrio/Ptn NE 10-22-04, C. Russell Road/Ptn NW 14-22-04 &NE 15-22-04, D Kentview PUD/pin NE 15-22-04 c-aio auwment(s) were hl4i �,,, ® Additional descriptions on exlubrt A of document "rd by Pacific Northwest Tft, .. cornrnoda0an Onl h "al"IR o a o prt�per exertejn, , Assessors Property Tax parcel/Account Number A Birk 282204-9003 &282204- 9155, B Donofrio 102204-9214, C Russell Road 000620-0016, D Kentview PUD 152204-9167 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 provided herein U 1Work\Forriv1WA State Rec Cover Sheetdoc f t DECLARATION OF COVENANTS AND RESTRICTIONS FOR WETLAND AREA OF THE SOUTH 228TH STREET EXTENSION PROJECT THE UNDERSIGNED ("Declarant") is the owner of the real property set forth in the attached Exhibit A. All of this property shall hereinafter collectively be referred to as "the Wetland". 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 Wetland, nor shall there be any work in or development of the Wetland of any nature whatsoever, except for the express purpose of enhancing or restoring the Wetland consistent with the Final Offsite Wetland Mitigation Plan for the City of Kent South 208th 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 Department of the Army Permit Number 200201081 dated September 26th, 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".) Pagel of 3 3. The mitigation measures set forth in the Final Mitigation Plan shall be performed no later than September 26, 2006. 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. q4h DATED this � l ' day of April 2009 City of Ken , rney Director o Public Works STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day of L 20M, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared before me SlCSah J&?soi to me known to be the a55's znf a-ly A-fk ry of the City of Kent, Washington who executed the within instrument and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. IN WTINESS WHEREOF, I have set my hand and official seal the day and year first above written. EY A k ��► w= Print Name: 6nWeKA • KO vo fo °r '�A � C1 - Notary Public in and for the State of Washington, ' �®y$�•�'`���a�� Residing at: Pi? I '�aW ` My commission expires: X/0 Page 2 of 3 STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this_��'day of i, 2004, before me,the undersigned, a Notary Public in and for the State 6f Washington, duly commissioned and sworn, personally appeared before me I, CLirr R. R1an4nard to me known to be the Dire-dac of Qubl,c Works of the City of Kent, Washington who executed the within instrument and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. IN WTINESS WHEREOF, I have set my hand and official seal the day and year first above written. ---------------- CHAD J. BIEREN `' NOTARY PUBLIC Print Name: A6,le'l J s1ere., STATE OF WASHINGTON COMMISSION EXPIRES Notary Public in and for the State of Washington, FEBRUARY 28. 2011 Residing at: _Se!/w✓e, My commission expires- OQ-08-Q6a Page 3 of 3 Exhibit A Parcel A Birk 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 S88°10'17"E, along the east west center of section line of said Section 28, a distance of 191 36 feet to the TRUE POINT OF BEGINNING of the herein described tract, thence N01°13'56"E 660 53 feet to the north line of said south half, thence S88°03'04"E, along said north line, 238 68 feet to the east line of the west 100.00 feet of the east half of the west half of the south half of the southwest quarter of the northeast quarter of said Section 28, thence S01°12'11"W, along said east line, 136103 feet to the east west center of section line of said Section 28, thence N88°10'17"W, along said center of section line, 239 01 feet to the TRUE POINT OF BEGINNING. Containing 157,693 square feet or 3.620 acres, more or less. I /Al t Exhibit A Parcel B Donofrio Wetland Mitigation Area That portion of the south half of the southwest quarter of the northeast quarter of Section 10, Township 22 North, Range 4 East, W M., in King County, Washington, described as follows Commencing at the east quarter corner of said Section 10; thence S89°58'46"W, along the east west center of section line of said Section 10, a distance of 1968 34 feet to the west line of the east 646 00 feet of said south half; thence N01°01'27"E, along said west line, 365 01 feet to the southeast corner of that certain tract of land described in that certain document recorded under King County Recording Number 20041221000673 and the TRUE POINT OF BEGINNING of the herein described tract, thence westerly, along the south line of the tract described under Recording Number 20041221000673, the following courses and distances, thence N86008'37"W 70 83 feet, thence N72035'16"W 125 47 feet, thence S88057'18"W 81 57 feet, thence S76014'51"W 53.67 feet, thence S38059'06"W, along the south line of said tract and its southwesterly prolongation (if any), 128 43 feet, more or less, to the northeasterly margin of the King County Drainage District Number 2 right of way, thence S54°00'08"E, along said northeasterly margin, 447 80 feet to the northerly margin of South 216th Street, thence N89°58'46"E, along said northerly margin, 36 59 to the west line of the east 646 00 feet of said subdivision, thence N01°01'27"E, along said west line, 335 01 feet to the TRUE POINT OF BEGINNING. Containing 93,342 square feet or 2.1428 acres, more or less. S 7. 3 �+ ea '�A LRNCS Exhibit A Parcel C Russell Road Wetland Mitigation Area Those portions of the northwest quarter of Section 14, Township 22 North, Range 4 East, W.M., and the northeast quarter of Section 15, Township 22 North, Range 4 East, W M , in King County, Washington, described as follows Commencing at the southwest section corner of said Section 14, from which point the south quarter corner of said Section 14 bears S89°05'24"E, thence N00°38'49"E, along the west line of said Section 14, a distance of 2643 57 feet to the theoretical west quarter corner of said Section 14, thence continuing N00038'49"E, along said west line, 192 16 feet to the TRUE POINT OF BEGINNING, thence S67035'55"E 25 38 feet, thence N77°10'43"E 28 79 feet, thence S89°17'47"E 35 24 feet, thence S49°44'33"E 60 39 feet, thence S85008'41"E 61 38 feet; thence N49°23'43"E 25 09 feet, thence N36°48'53"E 23 27 feet, thence N66°26'30"W 13 13 feet, thence N70°11'52"W 14 52 feet, thence N80°54'38"W 12 03 feet, thence S86°06'12"W 18 88 feet, thence N83°33'51"W 25 67 feet, thence N76057'08"W 25 65 feet, thence N72030'12"W 33 75 feet, thence N63°30'41"W 46 43 feet, thence N53006'44"W 56 81 feet; thence N54°10'01"W 83 39 feet, thence N58°59'01"W 29 19 feet, thence N66°03'10'W 41 98 feet, thence N84026'49"W 38 19 feet, thence N62°22'09"W 31 41 feet, thence N42°26'26"W 14 94 feet, thence N54°25'16"W 22 83 feet, thence N61°45'32"W 18 85 feet, thence N75004'52"W 14 87 feet, thence N84°46'33"W 31 64 feet, thence N72°47'08"W 7 51 feet, thence N57°46'48"W 7 01 feet, thence N43°16'01"W 13 79 feet, thence N53°16'31"W 15 81 feet, thence N74°04'04"W 9 77 feet, thence N88°00'23"W 6 98 feet, thence S69°39'40"W 4 83 feet, thence S30028'33"W 13 89 feet, thence S01°06'37"W 22 89 feet, thence S51°13'39"W 8 39 feet, thence S80°10'20"W 36 72 feet, thence S64°22'20"W 6 68 feet, thence S85024'28"E 50 21 feet, thence S83°07'28"E 38 75 feet, thence S66°13'47"E 40 21 feet, thence S61°35'57"E 76 90 feet, thence S48°34'37"E 60 97 feet, thence S67°40'36"E 44 14 feet, thence S55036'45"E 76 84 feet, thence S62059'44"E 31 54 feet, thence S67°35'35"E 30 69 feet to the TRUE POINT OF BEGINNING Containing approximately 32,669 square feet or 0 750 acres, more or less y,�� �bE j S C' a Exhibit A Parcel D Kentview PUD Wetland Mitigation Area Those portions of Tract "P", as shown on that certain Record of Survey recorded under King County Recording Number 19991123900001, in the southeast quarter of Section 10, Township 22 North, Range 4 East, W M , and the northeast quarter of Section 15, Township 22 North, Range 4 East, W M , described as follows- Commencing at the northwest corner of said Tract"P"; thence N89034'35°E, along the north line of said tract, 105 44 feet to the TRUE POINT OF BEGINNING, thence continuing along the north line of said tract, N89°34'35"E 94 70 feet, thence S75°54'23"E 327 59 feet, thence S76040'54"E 192 91 feet, thence S67°46'38"E 94 97 feet, thence S81°48'55"E 71 16 feet, thence S80°34'47"E 74 37 feet to a point on the west right of way of Frager Road as shown on said survey, said point being on a 2420 00 foot radius circular curve to the left, from which point the center of said curve bears S70°19'49"E, thence southerly, along said curve and said right of way, through a central angle of 1°46'00", an arc distance of 74 62 feet to a point of tangency, thence S17*54'11"W, along said right of way, 400 93 feet to a point of tangency with a 940 00 foot radius circular curve to the right, thence southerly, along said right of way and said curve, through a central angle of 5°01'29", an arc distance of 82 44 feet to a point hereinafter referred to as point "A", thence N88°00'58"W 210 05 feet, thence N08°12'03"W 48 63 feet, thence N65010'55"E 26 64 feet, thence N34052'44"E 22 22 feet, thence N14°19'49"W 55 14 feet, thence N14°39'54"E 64 06 feet, thence N39°20'22"E 56 41 feet, thence N12039'48"E 91 53 feet; thence N39°07'35"E 42 71 feet, thence N78°06'06"E 59 69 feet, thence N55°55'56"W 28 60 feet, thence N23°34'23"E 56 18 feet, thence N61°12'41"E 47 53 feet, thence N22015'59"W 58 59 feet, thence N71°58'37"W 60 21 feet, thence N80032'45"W 39 00 feet, thence N77045'41"W 75 16 feet, thence N68034'09"W 48 78 feet, thence S35°58'03"W 18 61 feet, thence N64°09'12"W 90 45 feet, thence N71°49'39"W 102 23 feet, thence N78°50'34"W 123 92 feet, thence N67053'1 YW 51 21 feet, thence S71°58'08"W 67 73 feet, thence N00°25'25"W 50 58 feet to the TRUE POINT OF BEGINNING, And commencing at aforesaid point "A", said point being on the westerly right of way of said Frager Road and on a 940 00 foot radius circular curve to the right, from which point the center of said curve bears N67°04'20"W, thence southwesterly, along said right of way and said curve, through a central angle of 0°59'31", an arc distance of 16 27 feet to the TRUE POINT OF BEGINNING, thence N88°19'49"W 362 92 feet to a point hereinafter referred to as point "B"; thence N87°06'40"W 376 13 feet, thence S15°44'20"E 78 57 feet, thence S03°45'11"E 152 79 feet, thence S32022'12"E 67 86 feet, thence S87°01'01"E 172 66 feet, thence S83032'33"E 90 28 feet, thence S78°09'25"E 158 10 feet, thence S67056'58"E 76 34 feet, thence S86049'23"E 71 69 feet to the westerly right of way of said Frager Road, said point being hereinafter referred to as point "C", said point being on a 520 00 foot radius circular curve to the right, from which point the center of said curve bears S89029'46"E, thence northerly, along said right of way and said curve, through a central angle of 27026'57", an arc distance of 249 12 feet to a point of tangency, thence continuing along said right of way, N27°57'11°E 46 89 feet to a point of tangency with a 940 00 foot radius circular curve to the left, thence northerly, along said right of way and said curve, through a central angle of 4°02'00", an arc distance of 66 17 feet to the TRUE POINT OF BEGINNING, And commencing at aforesaid point "C", said point being on the westerly right of way of said Frager Road and also being on a 520 00 foot radius circular curve to the left, from which point the center of said curve bears S89°29'46"E, thence southerly, along said right of way and said curve, through a central angle of 1°32'44", an arc distance of 14 03 feet to the TRUE POINT OF BEGINNING, thence continuing southeasterly, along said right of way and said curve, through a central angle of 32029'23", an arc distance of 294 87 feet, thence N90000'00"W 223 03 feet, thence N06°41'12"W 159 41 feet, thence N11019'10"W 50 92 feet, thence N34018'36"W 38 00 feet, thence N68°12'57"W 61 51 feet, thence N81034'49"W 116 91 feet, thence S75058'32"W 47 09 feet, thence S21°16'03"W 55 11 feet, thence S32°55'41"W 115 57 feet, thence S50013'08"W 33 44 feet, thence S04046'04"W 17 18 feet, thence S39029'49"E 31 43 feet, thence S65°28'52"E 72 19 feet, thence S38020'21"E 34 53 feet, thence N90000'00"W 225 48 feet to the west line of said Tract "P", thence N08051'49"W, along said west line, 147 55 feet, thence N06°20'44"E 27 76 feet, thence N12°32'22"E 110 03 feet, thence N37009'44"E 102 45 feet, thence S87°01'44"E 154 34 feet, thence S84017'40"E 114 22 feet, thence S78009'25"E 156 26 feet, thence S67056'58"E 77 42 feet, thence S86049'23"E 74 87 feet to the TRUE POINT OF BEGINNING, Except that portion thereof described as follows- commencing at aforesaid point "B"; thence S30037'05"W 53 15 feet to the TRUE POINT OF BEGINNING, thence N70°04'28"W 53 25 feet; thence S76°50'11"W 23 14 feet, thence N86057'15"W 106 84 feet, thence S73009'21"W 28 89 feet, thence S63058'22"E 95 23 feet, thence S47001'20"E 105 91 feet, thence S76039'44"E 80 41 feet, thence N69025'32"E 89 31 feet, thence N58009'38"E 38 63 feet, thence N34018'34"E 50 73 feet, thence N15051'21"W 29 30 feet, thence N72007'53"W 49 26 feet, thence S83018'21"W 125 36 feet to the TRUE POINT OF BEGINNING. Containing 446,760 square feet or 10.256 acres, more or less. d 4� DEPARTMENT OF THE ARMY PERMIT Permittee: City of Kent, Public Works Department City of Kent,Public Works Department Mr Chad Bieren Permit No' 200201081 220—4th Avenue South Kent,Washington 98032-5895 Issuing Office: Seattle District NOTE The term"you"and its derivatives, as used in this permit, means the permittee or any future transferee The term"this office"refers to the appropriate district or division office of the U S Army Corps of Engineers (Corps) having junsdiction 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. Grade and place fill in 1 94 acres of palustrine, forested wetlands adjacent to the Green River for the construction of a new 5-lane arterial roadway and bridge crossing in accordance with the plans and drawings dated October 2002 attached hereto which are incorporated in and made a part of this permit This new road, South 228th Street,will be 5,100 feet long and will run from Military Road eastward to 1,100 feet east of Lakeside Boulevard The road will span the Green River via a new bridge but will not require piers within the streambed or any work below ordinary high water Associated work will include relocation of a sewer force main from below the Green River beneath the proposed bridge, and construction of new stormwater drainage facilities No work will occur below the ordinary high waterline of the Green River The work requiring DA authorization is limited to the proposed grading and fill in wetlands(wetlands 4 and 5)and associated wetland mitigation activities. Applicant will provide off-Site wetland mitigation at the following sites 3 2 acres of wetland creation and restoration at the Birk site, 0 70 acres of wetland creation at the Russell Road site, 0 85 acres of wetland creation and 0 85 acres of wetland enhancement at the Donofrio site, and 8 5 acres of wetland enhancement at the Kentview PUD wetlands B, C, and D In addition,as part of the project plans,the applicant will plant native riparian species along 275 feet of each side of the riverbank in the vicinity of the South 228 applicant Bridge(to increase east-west vehicle capacity between the Kent valley and Interstate 5,thereby reducing existing and forecast traffic congestion within the Kent valley) Project Location In wetlands adjacent to the Green River(at river mile 19.3),at Kent, King County,Washington. Permit Conditions' General Conditions- 1 2 6 2006 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 2 You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office,which may require restoration of the area 3 if you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places CITY OF KENT 200201081 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 7 After a detailed and careful review of all the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit, the permittee will comply fully with all the terms of all the permit conditions Special Conditions. a You must provide a copy of the permit transmittal letter,the permit form,and drawings to all contractors performing any of the authorized work b You must implement and abide by the ESA requirements and/or agreements set forth in the Biological Evaluation entitled, South 22e Street Extension,dated November 27,2002,and addendum dated February 18,2003, prepared by Pentec Environmental, Inc, in their entirety The U S Fish and Wildlife Service (USFWS)concurred with a finding of"may affect, not likely to adversely affect'based on this document on August 25, 2003(USFWS Reference Number 1-3-03-1-1171) The National Marine Fisheries Service(NMFS) concurred with a finding of"may affect, not likely to adversely affect'based on this document on May 21,2003 (NMFS Reference Number 2003/00462) Both agencies will be informed of this permit issuance Failure to comply with the commitments made in this document constitutes non-compliance with the ESA and your U S Army Corps of Engineers permit The USFWS/NMFS is the appropriate authority to determine compliance with ESA C. In order to protect Puget Sound chinook salmon and bull trout,the permittee may conduct the authorized activities which occur immediately adjacent to the Green River(outside of Ordinary High Water)during the period from August 1 through August 31 in any year this permit is valid Work authorized by this permit which occur immediately adjacent to the Green River(outside of Ordinary High Water)is prohibited during the period from September 1 through July 31 in any year this permit is valid The permittee shall not conduct any in-water work below the Ordinary High Water mark d In order to maintain the hydrologic and wildlife connectivity between wetlands 4 and 5 and the Green River,the permittee must retain the grass-lined ditch and the closed portion of Frager Road in the vicinity of the South 228t'Street bridge between wetland 4 and the Green River e The wetland areas created,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 2 t CITY OF KENT 200201081 charged with the responsibility for maintaining records to or interest in real property. Proof of this recorded documentation must be provided to the U S Army Corps of Engineers, Seattle District,Regulatory Branch within 60 days of completing construction and initial planting or by 13 months from the date of permit issuance f 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,within 60 days of completing construction and initial planting or by 13 months from the date of permit issuance Annual status reports on mitigation construction are required until mitigation construction is complete g The permittee shall implement and abide by the mitigation documents entitled,FinalOffsite Wetland Mitigation Plan, City of Kent South 228 h Street Extension,dated June 2003, prepared by Jones &Stokes Letter from the City of Kent to Ecology,dated June 13,2003,Addendum,Technical Memorandum from Melissa Chaun (Jones&Stokes), dated July 18,2003, Revised Figures for the Final Offsite Wetland Mitigation Plan,dated July 22,2003, prepared by Jones &Stokes Mitigation monitoring reports will be due annually for years 1,2,3,5,7, and 10 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 200201081 h. You must comply with the provisions of the attached Water Quality Certification and Coastal Zone Management determination for the proposed work,issued by Department of Ecology, dated August 25,2003. i No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fish and hunting rights. I In order to protect tribal treaty fishing rights the permittee shall not initiate bridge construction or activities in the Green River authorized by this permit without first notifying and coordinating with the Muckleshoot Indian Tribe Fisheries Division, by telephone to Ms Karen Walter, at(253)876-3116 k If human remains or archaeological resources are encountered during construction, all ground disturbing activities shall cease in the immediate area and the permittee shall immediately(within one business day of discovery)notify the U S Army Corps of Engineers(Corps), State Historic Preservation Office (SHPO),the Muckleshoot Indian Tribe Cultural Program,and the Duwamish Tribe The permittee shall perform any work required by the Corps in accordance with Section 106 of the National Historic Preservation Act and Corps regulations Further Information, 1 Congressional Authorities. You have been authorized to undertake the activity described above pursuant to ( ) Section 10 of the Rivers and Harbor Act of 1899(33 U S C 403). (X) Section 404 of the Clean Water Act(33 U S C 1344). () Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U S C 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 3 CITY OF KENT 200201081 b This permit does not grant any property rights or exclusive privileges c This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project 3 Limits of Federal Liability In issuing this permit, the Federal Government does not assume any liability for the following a Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest C. Damages to persons, property,or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification,suspension, or revocation of this permit 4 Reliance on Applicant's Data The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided 5 Reevaluation of Permit Decision This office may reevaluate its decision on this permit at anytime 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 fad to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209 170)accomplish the corrective measures by contract or 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 4 CITY OF KENT 200201081 Your signature below, as permittee,indicates that you accept and agree to comply with the terms and conditions of this permit LA ity of Kent (DATE) This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below MEBRA M LEWIS (DATE) Colonel,Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred,the terms and conditions of this permit will continue to be binding on the new owner(s)of the property To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below (TRANSFEREE) (DATE) 5 �7oa2 - y— oiogi EA A, f s_ Nt .EVUE i� 0 , 2 SCALE IN MILES DUWAMISH ` ' e WATERWAY lll��JJJJ11 1 14 5 i i Ac s 1 mrl ®.RI.� _ � � e 141 •"K T KWI A s '- NOT TO SCALE s 19m 2 SE ' r SE TED 9 tiITN a I COM Tl) h u _ s x�m 3 o N z } n P.NER MILE - 193 € w»� � o2` H ,R T m s vel v 0 NES LIGN E T g sE z4on LA -47' N i 5 $ LO - a a _ € —. _ Ro All aMH FEDE Z UBURN U I I Ly 6Q CITY OF ART T JAR PA FIGURE ENGINEERING DEPARTMENT S. 228TH STREET EXTENSION PROJECT LOCATION .wow cowe sr KENT ax wti uea�a GREEN RIVER/WETLANDS 1/9 0 oG W DID p No _ i 000 Ld C3 01 0tea. � � � �3 � I� i�O J O — o co C4i I to a Z [ -j— J 0 °d© 000 m� o0 00 �ooa �o°� Uo of I OO� 74°so0 ; p ❑ � o11 tea 0, p W � oolo � Qoo N Z o W Z 1 80 x 3 x � G�1 ° ° °moo W W pa� � Z � W W NW N H3385 1 b I II 6 of I p 64 W 1 1 W O w Z O d Z �~N 1n ` � � �j`6 � l•y W _ " I I1 a F 02,1 U n L___L y y Cl OD J� N Yv U 111 x C o ❑❑ d o Edo f} �� � 4'So� � z U W JI Oo Lj ' WV•ari44]ixPJt lMil�^^f 6fAI7\YCdtlilB^`rli^131`-11HdYd`r^13\�lNiXf LaVMM"•p1•) a� t -' — KENMEW PUB r (POLYGON) l' I CITY OF SEATRE r' PROPERLY EDGE OF CUT O/ III a—pi � \ a T ����� ✓ PROPOSED ALIGNMENT � A�A_A�A� W D+ Aga-_q A 2 l� N Ld LLJ V) / \ WETLAND 6 e DETENTION POND/WETLAND 11 F- KENT HIGHLANDS LANDFILL CRY OF SEATTLE PROPERTY F _ � I _ O x 360_=—_ wROPogn cRanE E=a G MADE_UNE - \ - ---- -._---------- d' W -280—._ W ——— ——— _ -260-- - ------ _240__ _ _ _— _ __—__ _ _ —__�_ ___ -- _ W -- W to -220- ____. —_ _—,.____---_ _____--- _—,.,,."N____ O O -160--------- ---- '—' --------- -- Lo -100—-----�- ^-- ——-- --- - - — ------- Z a o o o $ o o--o—o 0 0 -0y-o- 0-0-0- 0-o- o-'o -o--o o—o- o- o- 0 0 0" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n m rn o N n a m m n m M o N n a N N N N N N N N N N n n n n n 200 0 200 100 ly LEGEND HORIZONTAL SCALE. 1'- M ' n � —a—A—ROADWAY CUT AND FILL IJMR —x x—LANDFILL BOUNDARY FENCE 2ooZ_ 14 r Bo o so 1s0 -G 10� �nncAL SCALE. 1' - tso' CITY OF KENT JARPA PROPOSED ROAD ALIGNMENT FIGURE ENGINEERING DEPARTMENT S. 228TH STREET EXTENSION w °mow` GREEN RIVER/WETLANDS PLAN AND PROFILE 3/9 9 KENT KMT w& 9.32 \ ' KE N PUD WETLAND 'D' \\ EDGE OF Fl J?S. EROSION COVROL.BMP's 01 0 I w WEILAND 5 A `•, @`\ \C o\ RIVER MILE 193 CURRENTLY-VACANT I II ^--A \` 1 GREENS CITY'OF KENT PROPERTY ' / W RIVER {' I = 9✓A n , ' RIVER \ I V) ALIGNMENT �,_y ^L��VA� BENAROYA PROPOSED �:, \ PROPERTY W �A r\a / W ILL WETLAND F ODDS' ,, d Z ` NEARBY NATIVE MATERIAL WEILAND 4 PAR OR IMPORTED FILL u S8,DD0 C Y 1 94 ACRES �1 \ a Q E) _ —WEILAND 7 D — —WETLAND wE�LAN 2 0 E7'dG,dJod G D WEILAND 6 F' - WETLAND 1 ` D ❑ Cj ROADWAY SURFACEH IV R (/�\' 10 0/�y��� �4 4� Q p FLATTER R \7" O l_J \C , ❑ O b _I 0 W (�\ ct-.VV-�a�c� 12 FT BENCH RIVER VEGETATION SEE DEIS PAGES \//�,� V fJf low A TYPICAL FILL SECTION NOT TO SCALE O) 1+1 260 La 240 w 2 220 to 200 W W 180 160 0 - 140 + ti _ L0 120 M \ 100 BO n Li — �� - aw" 60 A' �s� -2 Z M ��, 40 - - Art 1ak 20 € 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CJ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 i < n 0 w LEGEND- 200 0 200 400 —A—A—ROADWAY CUT AND FILL LIMIT HORIZONTAL SCALE 1'- 400' WETLAND FILL AREA f' f' -x—x-LANDFILL BOUNDARY FENCE Z�VG-y - L� QS B0 �TCAL SCALE- I'- 160 160 a �KEW-r CITY OF KENT JARPA ENGINEERING DEPARTMENT S 228TH STREET EXTENSION PROPOSED ROAD ALIGNMENT FIGURE +oo w cove sT PLAN AND PROFILE 9 KENT WA„ 2 GREEN RIVER/WETLANDS 4/9 JJJ , II DINARY HIG WATER `I k {PIER 2 I 1 ' �STA 4�+05 to ( F- W 48+ 0 w 7+0 I = " 1n / IAA w U N 0 00 � � a RI R BANK to 'Q P NTINGS-SEE / CURE 7 W / Z / U z Q WETLAND IMPACT / TOE OF FILL (APPROX) 100 FLOW PLAIN N (APPROX) a0 o w 60 HORIZONTAL LE.SCA 1 60 t PLAN uWi SCALE: 1"=60' r 4 � 6 + + O 4 N ry i V m a rn APPROX 140'-0" (SPAN 1) d W APPROX 200'-0" (SPAN 2) H W W 2 N W W N O O n \ I 1 3 I I 11 YR J Q FLOOD FRAGER ROAD FLOOD PLAIN -� — —� EL 34 60't c Q N DRILLED SHAFT, TYP�A jIjI I' I ORDINARY w r I I I HIGH WATER TTT EL 16 O'3 --1 g u m TEMPORARY STEEL U u PILE SHORING FOR CONSTRUCTION 6 V ELEVATION u Lo0z — y_ 01og i SCALE 1"=60' CITY OF KENT DARPA PROPOSED BRIDGE SPAN FIGURE ENGINEERING DEPARTMENT S. 228TH STREET EXTENSION ALIGNMENT s �✓KENT aT"Wl�ST i GREEN RIVER/WETLANDS PLAN AND PROFILE 5�9 9 u ORDINARY, HIGH WATER, 10 YR( FLOOD 1,11 APPRO� X) Q PIERK+OS \ N ¢ ,� a w sra h o V) I ' N m I 1 W w to A9+�O ro ! 50+00 0 I +— 51+ 0 Do I I O W / Z W I � U I'I TOE OF FILL (APPROX)--// VERaNX i PLANTI GS-SEE � FIGUR 7 �. PLAN F JO 0 30 6O SCALE 1"=60' „¢, NaazONrw sc,vE 1'- so N r N ¢ c a + �a o i " o N ^a D N U ¢ o APPROX 200'-0" 2 d y SPAN m a N ( ) APPROX 140'-0" (SPAN 3) o H N W m W O O In Ui U LLJ N N m 0 + a 00 0D R .� FLOOD PLAIN Q,RUSSEL ROAD i ¢ EL 34 60 t _ I�5I I m = m Q � to I� � III UZ H GDINWATER I I I IDRILLED SHAFT, TlP = J EL 18 O'3 u ll�i a 2 L'1 U TEMPORARY STEEL m F- PILE SHORING FOR W < CONSIRUCTION m 3 a ELEVATION m m "C SALE 1 =60' Z zaoZ _ - blv81 In W CITY GREEN RIVER OF KENT DARP W A PROPOSED BRIDGE SPAN FIGURE p ENGINEERING DEPARTMENT S 228TH STREET EXTENSION ALIGNMEN 0 NT .� T s. PLAN AND PROFILE KE K wA,„o„ WETLANDS 5�9 Pool¢,u.et s nAw i xa-c•icl I I 4cg� ""' •� Aar Nw 8 � A a( PROPOSED ,I * O y •, $g¢ y;lic BRIDGE O ' 4c i AnEt lic 'k;S48 c I I i� �is ik 1 arwl r $ic f! o r is & �k 4c ORM *„ fi YRM0cJ . r � a888c /, ic•y,� 57B�r L�-K , /�•�t ���s PLANTING PLAN SCALE , _ SD NOTE: a SEE FIGURE 8/9 FOR NOTES PLANTING DETAILS 5° 5° °°PLANT SCHEDULE NDPoZOHTAL SCALE 1'- 50 0 G N N SYMBOL COMMON NAME BOTANICAL NAME QUANTITY SIZE AND CONDITION SPACING v 0 1 SITKA SPRUCE PICEA SITCHENSIS 5 6-8' B&B 25' 3 WESTERN REDCEDAR THUJA PLICATA 9 6—B' B&B 25' DOUGLAS FIR PSEUDOTSUGA MENZIESII 6 6-8' B&B 25' O 'y� PACIFIC WALLOW SAL1K LASIANDRA 185 2-3' BR 5' O C p(; RED—OSIER DOGWOOD CORNUS STOLONIFERA 151 S x1• DIA CUTTING 5' 0C. , m SALMON13ERRY RUBUS SPECTABILIS 83 3' xi' CIA CUTTING 5' O C 0 om � PACIFIC NINEBARK PHYSOCARPUS CAPITATUS 190 i GAL CONTAINER 5' O C r z BLACK T INBERRY LONICERA INVOLUCRATA 147 1 GAL CONTAINER 5' 0 C cv w CITY OF KENT JARPA GREEN RIVER BANK FIGURE 9 ENGINEERING DEPARTMENT S 228TH STREET EXTENSION ���. PLANTING PLAN KAT �TWWA.aO32 GREEN RIVER/WETLANDS 7/9 i 1 PLANTING NOTES: I. IN GENERAL SHRUBS SHOULD BE PLANTED 5' D.C. BUT PLANT AND ROW SPACING SHOULD BE RANDOMIZED TO MAINTAIN A NATURAL LOOK 2. MULCH TREES PATH 4' THICK LAYER OF HOG FUEL IN 4' DIAMETER CIRCLE SURROUNDING ALL TREES KEEPING MATERIAL 3' AWAY FROM TREE TRUNK 3. MULCH SHRUBS WITH 4' THICK LAYER OF HOG FUEL IN 3' DIAMETER CIRCLE KEEPING MATERIAL 1' AWAY FROM SHRUB BASE 4. STAKE EACH TREE WITH TWO 2'x2' HEMLOCK/FIR STAKES AT 1/3rd HEIGHT ABOVE GROUND LEW! AND 'TREE-TIES' OR ENGINEER APPROVED EQUIVALENT. STAKES SHALL BE PLACED OUTSIDE ROOTBALL 5 PULL BACK TOP PORTION OF BURLAP OR REMOVE CONTAINER PRIOR TO PLACEMENT IN PLANTING PIT. AND SET TREE STRAIGHT AND PLACE ROOTBALL ON SOLID GROUND DR COMPACTED BACKFlLL 6 SHRUBS AND TREES SHALL BE PLANTED IN A PLANTING WINDOW BETWEEN OCTOBER lot AND NOVEM13ER 30th OR BETWEEN MARCH 1st AND APRIL 15th. ALL SHRUBS AND TREES MUST BE WATERED IMMEDIATELY AFTER PLANTING AND ONCE EACH WEEC THEREAFTER IF NATURAL RAINFALL DOES NOT TOTAL V IN PREVIOUS WEEK 7. AT END OF MAINTENANCE PERIOD ALL IRRIGATION AND STAKING EQUIPMENT SHALL THE REMOVED AND AT LEAST 9OX OF TREES AND BOX OF ALL SHRUBS MUST SURVIVE. IF SURVIVAL LEVELS DO NOT REACH THESE CRITERIA, TREES AND SHRUBS SHALL BE REPLACED TO THE 100%LEVEL SPECIES SUBSTITUTIONS MAYBE BE PERMITTED AT THAT TIME B. DURING THE MAINTENANCE PERIM ALL WEEDS AND NOXIOUS PLANTS (INC"ING. BUT NOT LIMITED TO REED CANARYGRASS. PURPLE LOOSESTRIFE. HIMALAYAN BLACKBERRY AND OTHER EXOTIC RUBUS SPECIES. AND TANSY RAGWORT) SHALL BE REMOVED BEFORE THEY HAVE GROWN MORE THAN 4, IN HEIGHT WEEDS SHALL BE MECHANICALLY REMOVED PLANT AT SAME LEVEL AS GROWN. 2-2-x2- HEALOCK/}TR STAKES PER TOP OF ROOTBALL TO BE LEVEL TREE PLACED OUTSIDE ROOTBALL WITH SURROUNDING SOIL 'TREE-TIES' OR ENGINEER APPROVED 4' DEEP HOG FUEZ, 48- DIA.. EQUALIVALIENT (SEE NOTE 2) BACKFILL SPECIAL PLANTING Yis MIXTURE SPEC. 9-144{1D) WATER BASIN 3' DEPTH THOROUGHLY WATER SETTLE FERTILIZER (SEE SPECIAL PROVISIONS) _ _ f FOR 8+8 EES REMOVEF ROOT BURRLAP TOP 1CHAFE THE SIDE OF PLANT PIT CONE OF COMPACTED BACKFILL SOIL �'', - �� COMPACTED TO MIN 85%MAX. DENSITY PLANT PIT- 2 TIMES DIA. OF ROOTBALL DETAIL - TR E PLANTING & STAKING MT TO sc� h N V o PANT AT SAME LEVEL AS GROWN. N o TOP OF N ROOTBALLTO LEVEL WI1H SURROUNDING SOIL rn 0 4- DEEP HOG FUEL, 36- DIA.. (SEE SPECIAL NOTE 3) WATER BASIN 3' DEPTH m BACKFILL SPECIAL PLANTING MIXTURE SPEC 9-14 10) CHAFE THE SIDE OF PLANT PIT THOROUGHLY WATER SETTLE CONE OF COMPACTED BACKFILL SOIL 6 ED - 3 COMPACT TO MIN 85%MAK DENSITY ? 9 12' M N n 0 m �1 DETAIL - SHRUB PLA TING z 010 z ' V NOT To SC�IE 2 CITY OF KENT JARPA GREEN RIVER BANK FIGURE O ENGINEERING DEPARTMENT S, 228TH STREET EXTENSION PLANTING PLAN U4% W&�2 GREEN RIVER/WETLANDS 8/9 SJ ATA 5 S 212TH ST I N I y l x GREEN RIVER NATURAL RESOURCE S i 2� AREA WAREHOUSE/ LIG INDUSIR C I S I I PROPOSED Di ALIGNMENT 99 LAT=47'23'42" J KENTMEW a PUD = GRAN EWi " m y PA K i I ET a KENT HIGHLANDS RUSSELLL - �/ LANDFILL WOODS PARK RIVER MILE 193 THE LAKES S 234TH ST 0 SUBDII1SION YY I `rim NNE u GE J RUSSELL 5 PAARK 16 L-� I K E N T I MIDWAY MEEK ST LANDFILL RI D / C SE i I SR-518 JJJ S 252ND ST LEGEND. N POTENTIAL WETLAND MITIGATION SITES IDDO D IDDD 20 HORIZONTAL SCALE 1' 20 ooZ -y - 0/0BI CITY OF KEN T JARPA POTENTIAL WETLAND FIGURE I ENGINEERING DEPARTMENT S. 228TH STREET EXTENSION MITIGATION SITES KENT Kwr'°°w w,� eosa&O 2 GREEN RIVER/WETLANDS 9/9