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HomeMy WebLinkAbout13-016-TRN-002 Contract Modification 1 Contract Number 13-016-TRN-002 a%' o� Modification 01 November 19, 2014 CO 1000,41, Page 1 , of 3 Pages Contract Number 13-016-TRN-002 Contract Title Guemes Channel Trail Project Prime Contractor Strandberg Excavation & Commercial Construction, Inc. PREAMBLE In accordance with Provisions 1-04.4 Changes as cited in Standard Specifications for Road, Bridge, and Municipal Construction 2014, this modification provides an equitable price adjustment and time extension in consideration of changes in Work directed by the City. The contract price will increase from $595,113.00 by $179,270.00 to$774,383.00. The Contract is amended as follows: ARTICLE I. WORK First paragraph is revised to read as follows: WORK. The Contractor shall do all work and furnish all tools, materials, equipment, and transportation required for the GUEMES CHANNEL TRAIL PROJECT, in accordance with and as described in the Plans, Specifications, and Contract Documents entitled the same and dated August 11, 2014, Project No. PW-13-016-TRN-002 as amended. Incorporated by reference and made a part hereof are (1) the aforementioned Plans, Specifications, and Contract Documents, (2) Exhibit C Corps of Engineers Permit No. NWS-2014-643 dated November 14, 2014, (3) current Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction M 41-10 and Amendments, except as modified by Special Provisions. Any changes to the Work is subject to a contract modification signed by the Parties. Insert the following second, third and fourth paragraphs: Second Paragraph: Upon issuance of Modification 01, the aforementioned Plans, Specifications, and Contract Documents are revised to include the following Work: 1. Section 1-07,6 Permits and Licenses insert the following as a supplemental document: Corps of Engineers Permit No. NWS-2014-643 dated November 14, 2014. Whereas this permit was issued post the bid opening date, the requirements under the permit were not finalized under November 14, 2014 and the regulatory agency made revisions. 2. The Contractor shall construct gravel road access on the eastern limits of the project from approximately STA 32+50 to the end of the Lovric parcel as shown on Plan Sheets C7 and C8. Construction of the access road shall consist of clearing and grubbing, grading, and distributing shot rock on the graded surface. 3. The top surface for Guemes Channel Trail is revised from gravel base to shot rock(Reference 9- 03.14(2). Contract Number 13-016-TRN-002 Modification 01 Page 2 of 3 Third Paragraph: Page 88, 1-08 PROSECUTION AND PROGRESS, 1-08.5 Time for Completion, is revised to read: Section 1-08.5 is supplemented with the following: Physical Completion for this project shall be in accordance with Article ill of the Contract. Fourth Paragraph: Page 62, 1-04 SCOPE OF WORK, 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda, which modifies WSDOT Standard Specifications is revised to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g. 1 presides over 2, 2 over 3, 3 over 4, and so forth): 1. Proposal Form 2. Special Provision 1-07.6 Permits 3. Addenda 4, Special Provisions except Special Provision 1-07.6 5, Contract Plans 6. Amendments to the Standard Specifications 7. Standard Specifications 8. Contracting Agency's Standard Plans or Details (if any) 9. WSDOT Standard Plans for Road, Bridge, and Municipal Construction ARTICLE II. PRICE Delete in its entirety and insert the following: The Total Contract Price is Seven Hundred Forty-Four Thousand Three Hundred Eighty-Three Dollars ($744,383.00). The Contractor's bid schedule incorporated by reference and attached hereto as Exhibit A is superseded Exhibit B which is attached hereto and incorporated by reference. ARTICLE III. TIME Delete in its entirety and insert the following: Work shall begin the first working day following the Notice to Proceed and shall essentially complete, except for paving, within 102 calendar days thereafter. Between this time, namely by February 27, 2015 and the time paving begins, the Work shall be under Suspension. Once the Contractor notifies the City that paving can begin on site, the Suspension will be rescinded in writing, and the contract days shall resume for a maximum of 10 additional calendar days. The maximum days authorized under Contract is 112 calendar days. In no event shall Substantial Completion occur later than June 30, 2015. Contract Number 13-016-TRN-002 Modification 01 Page 3 of 3 All other terms and conditions except those explicitly changed hereunder remain unchanged. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Modification and agree to be bound accordingly. CITY OF ANACORTES STRANDBE EX AVATION &COMMERICAL CO U TION INC. t, By �� - %'/4_,C. By Laurie Gere, Mayor Signature Date 1r-, i -6 • / V Printed Na ek I, an Title c`4)YcS s` G-,+` Date ii 12-0 11-1 FOR GOVERNMENT USE ONLY Original Agreement Amount $595,113.00 Original Contract Completion Date 1/16/2015 Current Agreement Amount $595,113.00 Current Contract Completion Date 1/16/2015 Change Per this Modification $179,270.00 Net Change 165 days max Contract Completion Date After Total After Amendment $774,383.00 Change 6/30/2015 APPROVAL aii/(:S ///op/i 47/ Pr . Manager D Public W rk Dir tor Date C1(1------- i -1 3 . )4- Finance Director Date lul20 III11 114080H181I1 1990041 II'111111114 Skagit County Auditor $78,00 8/19/2014 Page 1 of 7 1:57PM RETURN TO: Furlong Butler Attorneys 825 Cleveland Avenue Mount Vernon, Washington 98273 Document Title: Temporary Construction Agreement for Ingress and Egress Reference number of documents assigned or released: N/A Grantor: Lovric's Landing, LLC Grantee: City of Anacortes Abbreviated Legal Description: A portion of Track 2, Section 23, Township 35 North, Range 1 East, WM Situate in the County of Skagit, State of Washington Assessor's Parcel/Tax I.D. Number: P31702, P31739 and P58467 TEMPORARY CONSTRUCTION AGREEMENT FOR INGRESS AND EGRESS City of Anacortes PROJECT: Guemes Channel Trail P.O. Box 547 PROJECT LOCATION: waterfront on Oakes Ave. Anacortes, Washington 98221 OWNER: Lovric Landing LLC OWNER ADDRESS: 3022 Oakes Ave. PARCEL NUMBER(s): P31702, P31739, P58446, P58467 By this agreement made this 7O day of t.l.aA,---- 2014, F t_ o v cc— a Pk S 1,6,x 7"-- 1_1-L c c (hereinafter referred to as "Owner"), hereby grants permission to the City of Anacortes and its contractors, employees and assigns (hereinafter referred to as "City"),the right and privilege to enter upon the land for the purpose of performing improvements for the above-listed project. Also for and in consideration of the sum.of$46,009.43 dollars in hand paid,the Owner also hereby grants City the right to construct a temporary roadway and use the same for ingress and egress for laborers, materials and equipment to the Guemes Channel Trail project and to move obstructions interfering with the ingress and egress as is necessary to be performed in connection with subject project. The land to which this temporary construction agreement for ingress and egress applies is legally described in Exhibit "A" and depicted in the map attached as Exhibit "B," and hereby incorporated by reference. The terms of this agreement shall be binding on Owner's successors and assigns and shall be a covenant running with the land until the City has completed the above listed project, which shall not exceed two (2) years commencing on the date hereof. The Owner and City,by granting and accepting this temporary construction for ingress and egress construction agreement respectively, mutually covenant and agree as follows: 1. The City and/or its authorized agents or subcontractors will make reasonable efforts to minimize disruption and inconvenience to said property and uses made thereof. 2. This temporary construction agreement for ingress and egress shall expire and become null and void at such time as the City has completed the Guemes Channel Trail project in the vicinity and all work associated therewith, which time period will not exceed two (2) years from the date hereof, 3. The City shall protect and save harmless the Owner from and against any and all claims, damage to or loss or destruction of property suffered by the Owner, his/her/their successors and assigns caused by said Guemes Channel Trail project, however, the City shall not be so obligated for any damage, loss or destruction caused by the fault of the Owner, his/her successors and assigns, tenants, licensees and invitees. R:WActive ProjectsWPW_2013WPW-13-016-TRN Guemes Channel Trail Segment VIIWPermits &EasementsWLOVRIC TEMP CONST AGT 071614.docx 1IIIII1II11I1II I1�II II ItIIII 201408190044 Skagit County Auditor $78.00 8/19/2014 Page 2 of 7 1:57PM 4. The City shall, upon completion of construction of said project described above, remove all debris and restore the surface of the property as nearly as possible to the condition immediately prior to the City's entry thereon excepting the modifications or improvements made as part of the Guemes Channel Trail project. S. The City may record this agreement at its own expense. 6. The Owner shall,within thirty(30) days of the Effective Date as established by paragraph 8 below,remove from the easement area any and all personal property,vehicles, equipment,debris and/or refuse and shall keep the easement area free therefrom throughout the duration of this agreement. 7. This agreement shall be construed and enforced pursuant to Washington law. Venue for any suit is Skagit County Superior Court. The prevailing party in any suit shall be entitled to an award its costs and attorney fees incurred at trial or on appeal. 8. This agreement shall take effect upon execution by the parties and approval by the Anacortes City Council, whichever comes last(the"Effective Date"). [Balance of page intentionally blank, signatures on following pages] Temporary Construction Agreement PAGE 2 OF 3 GRANTOR/OWNER; Lovrie Landing,LLC 11111111111111111111M1 GRANTEE: City of Anacortes �01408190044 Skagit County Auditor $78.00 8/19/2014 Page 3 of 7 1:57PM Granted by: OWNER: . �+i� e✓C E L 6 Val a� ativ opts.r," Printed Name Ut Its: ,57 p Ai7— f Amount o.Tr i er Date: Skagit Co.Treasurer tab o C]eputY STATE OF WASHINGTON } } ss COUNTY OF SKAGIT } On this ,3j Li day of J 2014 before me, the undersigned, a Notary Public in and for the state of ashington, duly commissioned and sworn, personally appeared Mt e(7e /4_0 Utt( Q to me known to be a (-47e of L6uK,r6 , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses,and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument, Witness my hand and official seal hereto affixed the say and year first above written. S7 1,1pri ary in and for the state of Washington 4-7 t`��,�.r��ist3ry �4 , aq. rota t r,'t- `r esiding at rigl)C.'a It cp.S L r ac �v c�F 11)( 57 0U r:I A,i My Appointment expires: - Zq -/� -- $y Cls1.`o r Printed Name: C )CMG_ (. i K a cc, se-1 1 Temporary Construction Agreement PAGE 3 OF 3 GRANTOR/OWNER: Lovric Landing,LLC �1111111 ��I��� GRANTEE: City of Anacortes 11 �1 201408190044 Skagit County Auditor $78.00 8/19/2014 Page 4 of 7 1:57PM Accepted on behalf of the City of Mount Vernon: 0:(11L Laurie Gere,Mayor Date: cs ATTEST: 44/1,Q Steve Hoglund, Finance Director APPROVED AS TO FORM: 1347 Bradford . Furlon , BA#12924 City Attorney STATE OF AINGTON } } ss COUNTY OF SKAGIT } On this 0 day of 2014 before me, the undersigned, a Notary Public in and for the state 4 Washington, duly commissioned and sworn, personally appeared Laurie Gere, to me known to be the Mayor of the City of Anacortes, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument, Witness my hand and official seal hereto affixed the say and year first above written. ikrc (A4til 0T ,4. C ary in and for the s ate o Washington ` Residing at G 'no tP My Appointment xpires: O • r'P4 Ast# Printed Name Temporary Construction Agreement PAGE 4 OF 4 GRANTOR/OWNER: Lovric Landing,LLC GRANTEE: City of Anacortes [RJ III III I H I lI 0111111 201408190044 Skagit County Auditor $78.00 8/19/2014 Page 5 of 7 1:57PM -EXHIBIT A • THE CITY OF ANACORTES, GUEMES CHANNEL TRAIL CONSTRUCTION - EASEMENT OVER LOVRIC PROPERTY PARCEL NUMBERS P31702,P31739, P58466 AND P58467. That portion of the Burlington Northern Railroad right of way designated as Northern Pacific Railroad on the Plat map of Northern Pacific Addition to Anacortes as per Plat filed in volume 2 of Plats at page 9,records of Skagit County,and that portion of Track 2, Section 23,Township 35 North,Range 1 East, WM of Plate No. 7,Anacortes Tide Lands, according to the Plat thereof on file in the office of the Board of State Land. • Commissioners at Olympia,Washington,being more particularly described as follows: • Commencing at the Southeast corner of Block 901 of said Plat of NorthernPacific Addition to Anacortes;thence North 21°36'44"West along the Easterly line of Said Block 901 a distance of 185.00 feet to the TRUE POINT OF BEGINNING;thence North 21°36'44"West, a distance of 68.05 feet;thence North 73°40'00"East, a distance of 98.74 feet; thence North 67°41'20"East, a distance Of 270,04 feet; thence North -73°40'00"'East, a distance of 250.00 feet;thence East, a distance of 100.00 feet;thence North, a distance of 52.23 feet; thence North 71°34'42"East, a distance of 40.02 feet; thence South 23°54'27"East, a distance of 37.58 feet; thence North 72°45'03"East, a distance of 128.31 feet;thence South 19°23'05"East, a distance of 23.17 feet to the intersection with a curve having a radius point bearing North 14°48'15"West, a radial distance of 1878,10 feet; thence Easterly along the arc of said curve to the left through a central angle of 9°12'55", an are distance of 302.07 feet;thence South 27°15'32"East, a distance of 167.06 feet to the Northwest corner of said Block 501; thence South 65°01'13"West a distance of 170.24 feet to the Southeast corner of Block 601 of said Plat; thence North 21°36'44"West along the Easterly line of said Block 601, a distance of 93.00 feet to the Northeast corner of said Block 601; thence South 71°37'52"West, a distance of 210.34 feet to the Northwest corner of said Block 601; thence South 73°27'34" West, a distance of 80,31 feet to the Northeast corner of Block 701 of said Plat; thence South 73°43'15"West, a distance of 301.25 feet to the Northwest corner of said Block 701; thence South 74°05'54"West, a distance of 80.40 feet to the Northeast corner of Block 801 of said Nat; thence North 21°36'44"West a distance of 45,38 feet; thence South 68°05'05"West, a distance of 299.96 feet;thence South 21°36'44"East, a distance of 13.80 feet to the Northwest corner of said Block 801;thence South 73°23'18" West, a distance of 80,31 feet to the Northeast corner of said Block 901 being the TRUE POINT OF BEGINNING. TOGETHER WITH Block 601,NORTHERN PACIFIC ADDITION TO ANACORTES, according to the plat thereof recorded in Volume 2 of Plats,page 9,records of Skagit County,Washington, 1111111NIFINUMMIN2Q , 408190044 Skagit County Auditor 8/19/2014 Page $78.00 6 of 7 1:57PM • EXHIBIT B l PLATE 7 TIDE AND SHORELANDS TRACT 2 55 s PLATE 7 3�k� k ° aQo �=,.. I TIDE AND SHORELANDS ,IA i1koa s z55 7?_a E 3°� r / r'• TRACT 3 ` iii, �,zx a3' '�3''� /% '� N 2T26.5T E 5123• l / �� jW'J ` A6'er.,�_ GN NE- `�/� ouR`cQZ•gooti3 �/�NE`' � P� g9 0 3k �G\g EAST t0r•OO' / .4 110- ',';,7i. � / ��/ �/ 1'52f ,fin /� ti 07 y ocK �K! ,, • f/, ./ / ., sr �3ti' / gLocKji/.1ao 0£9 R0P0 , .,//,%� 7,0,. Sti-�• / /f/j/ ,,� pS1D �;+'i/ ! i 12' ES' a U 4. .,ram H /ili/��/ goal m.�, , l601„//-,�2 w 0 05 9cAo1 PGA 1,10� \''°;// .f r ; /i.%/ �/'-�' 0 5 Vit 5-- E ,P'Yt`�%i'i 16 I pR P G E \4 l �!% 5 1 2 LO S 1� ' l !!/ 25 • s- OH5tRs3 Zp .0. /,% /i//"" %%//%!f./ �� 45.55 00C ke,E 5 C, k1 /A. /— �'�i /S 'ShRiS �� I5 co �� •//y 9g5 y fr 54 W BLOCK / 5 T9i. S 1.05� 701 a.i s N/5`� go50 w ':•rJf 5 w.,-- 4 E ti3so -. , ' � '� I'S\I?V� ....�..a,.�— r�,/�. S'11•36 16 W g05 ` £ ' O • '/� y 5 13 2.5 Hp�H� H rj' 1 1 1-' 1 BLOCK i fps£ ° 1 1 °'- p.�P 801 1 1 1 1 , 1 \., • 9 '\51 1 BLOCK 1 , 11 - 1901 Cn I — ' � = HERR rc•''pF W.447 17� v.'eu H GRAPHIC SCALE y sa o sa 100 zoa 27 07 0 IN FEET I inch. -100 ft,, h t5 eHEl RIGSTAD ENGINEERING\ "Guemes Channel Trial 1 ?oe ND,mia-ni & SURVEYING oAm r�.aou i 1', AV X.xRRwcsTAo RE,as, E I Over/::CityPo B.Anernrte. a acgt sa�omaresra1L0 '3SIT1BAt. i` i illining8III1ill9101111101411141111 20140 Skagit County Auditor $78.00 7 1 8/19/2014 Rage 7 of :57AM BID PROPOSAL FORM CITY OF ANACORTES GUEMES TRAIL PROJECT CONTRACT NO. 13-016-TRN-002 EXHIBIT B ITEM DESCRIPTION REF QTY ' UWM UNIT AMOUNT NO. 1 Mobilization 1-09 1 LS $ 50,000.00 $ 50,000.00 2 Roadway Surveying 1-05 1 LS $ 10,000.00 $ 10,000.00 3 SPCC Plan 1-07 1 LS $ 1,000.00 $ 1,000.00 4 Project Temporary Traffic Control 1-10 1 LS $ 1,000.00 $ 1,000.00 5 Clearing and Grubbing 2-01 1 LS $ 35,000.00 $ 35,000,00 6 Removal of Structures and Obstructions 2-02 _ 1 LS $ 10,000.00 $ 10,000.00 7 Saw-cut ACP 2-02 200 LF-IN $ 0.75 $ 150.00 8 Roadway Excavation Including Haul 2-03 1 LS $ 24,800.00 $ 24,800,00 9 Unsuitable Foundation Excavation Including Haul 2-03 _ 200 CY $ 8.00 $ 1,600.00 10 Embankment Compaction 2-03 1 LS . $ 500.00 $ 500.00 11 Water 2-07 25 M. Gal $ 10.00 $ 250.00 12 Structure Excavation Class B Incl. Haul 2-09 275 CY $ 8.00 $ 2,200,00 _ 13 Shoring or Extra Excavation Class B 2-09 3,000 _ SF $ 1.00 $ 3,000.00 14 Construction Geotextile for Subgrade Separation 2-12 8,650 SY $ 1.30 $ 11,245.00 15 Shot Rock Including Haul 9-03.14(2) 5,910 TON $ 16.00 $ 94,560.00 16 Crushed Surfacing Top Course 4-04 1,110 TON $ 30.00 $ 33,300.00 • 17 Permeable Ballast 4-04 3,120 TON $ 30.00 $ 93,600.00 18 HMA Class 1/2" PG 64-22 5-04 1,080 TON $ 115.00 $ 124,200.00 19 Job Mix Compliance Price Adjustment 5-04 -1 - Calc $ (1.001_$ (1.00) 20 -Compaction Price Adjustment 5-04 -1 Calc $ (1.00) $ (1.00) 21 Asphalt Cost Price Adjustment 5-04 1 Calc $ 5,000.00 $ 5,000.00 22 Gravel Backfill for Wall 6-02 140 CY $ 30.00 $ 4,200.00 23 Structural Earth Wall, Ultrablock 6-13 1,230 SF $ 25.00 $ 30,750.00 24 Underdrain Pipe 4 In. Diam. 7-01 380 LF $ 2.00 $ 760.00 25 Corrugated Poly Storm Sewer Pipe 12 In. Diann. 7-04 20 LF $ 50.00 $ 1,000.00 26 Corrugated Poly Storm Sewer Pipe 18 In. Diam. 7-04 65 LF $ 60.00 $ 3,900.00 27 Corrugated Polyethylene (HDPE) Pipe 30 In. Diem. 7-04 35 LF $ 130.00 $ 4,550.00 28 Corrugated Polyethylene (HDPE) Pipe 36 In. Diam. 7-04 35 LF $ 175.00 $ 6,125.00 29 Catchbasin Type 1 with Beehive Frame and Grate 7-05 4 EA $ 1,000.00 $ 4,000.00 30 Catchbasin Type 2, 48 In. Diem. 7-05 1 EA $ 2,000.00 $ 2,000.00 31 Catchbasin Type 2, 54 In. Diam. 7-05 1 EA $ 2,500.00 $ 2,500.00 R:\.4ctive Projects\P W_2013\P W-13-016-TRN Gvernes Channel Trail Segment VII\Contracts\Strandberg Excavation\Change Order 01\Change Order 111-18-14 BID PROPOSAL FORM CITY OF ANACORTES GUEMES TRAIL PROJECT CONTRACT NO. 13-016-TRN-002 EXHIBIT B ITEM DESCRIPTION REF QTY UIM UNIT AMOUNT NO. 32 Adjustment to Finished Grade 7-06 1 LS $ 2,000.00 $ 2,000.00 33 Erosion/Water Pollution Control 8-01 1 FA $ 10,000.00 $ 10,000.00 34 ESC Lead 8-01 1 LS $ 4,000.00 $ 4,000.00 35 Street Cleaning 8-01 20 HR $ 70.00 $ 1,400.00 36 Inlet Protection 8-01 5 EA $ 100.00 $ 500.00 37 Check Dam 8-01 300 LF $ 10.00 $ 3,000.00 38 Stabilized Construction Entrance 8-01 100 SY $ 10.00 $ 1,000.00 39 Silt Fence 8-01 3,250 _ LF $ 0.50 $ 1,625.00 40 SWPP Plan Preparation 8-01 1 LS $ 2,500.00 . $ 2,500.00 41 Seeded Lawn Installation 8-02 1,800 SY $ 0.40 $ 720.00 42 Topsoil Type A 8-02 200 CY $ 40.00 $ 8,000.00 43 Landscape Restoration 8-02 1 FA $ 20,000.00 $ 20,000.00 44 Erosion Control Blanket 8-02 _ 500 SY $ 1.50 $ 750.00 45 _Quarry Spalls 8-15 100 TON $ 40.00 $ 4,000,00 46 Rock for Erosion and Scour Protection 8-15 1 LS _ $ 8,700.00 $ 8,700.00 47 On-Site Rock for Erosion and Scour Protection 8-15 1 LS $ 11,200.00 $ 11,200.00 48 Repair Ex. Public& Private Facilities 8-30 1 FA $ 3,000.00 $ 3,000.00 49 Unanticipated Site Work 8-31 1 FA $ 5,000.00 $ 5,000.00 50 _ Log Structure Installation 1 FA $ 10,000.00 $ 10,000.00 51 Beach Gravel 8-32 200 TN $ 25.00 $ 5,000.00 52 Army Corp of Engineers Permit Compliancy 1 LS $80,800.00 $80,800.00 TOTAL CONTRACT PRICE $ 744,383.00 R:\Active Projects\PW 2013\PW-13-Ol&TRN Gnemes Channel Trail Segment VII\Contracts\Strandberg Excavation\Change Order01\Change Order 111.1E-14 CONTRACT 13-016-TRN-002 EXHIBIT C I '� DEPARTMENT OF THE ARMY q�' s SEATTLE DISTRICT,CORPS OF ENGINEERS • P b P.C.BOX 3755 • SEATTLE, NASHI GTON 36124-3755 • " * REPLY TO r"^ A` ATTENTION OF • • Regulatory Branch '`° I$ `=�=D • • 'ij _ 4 �icy • • • Mr. Matt Reynolds • • City of Anacortes P.O,Box 547 Anacortes,Washington 98221 • Reference: NWS-2014-643 • An.acor-tes, City of Dear Mr. Reynolds: We have reviewed your application for work associated with the construction of a multi-use trail along Guernes Channel,Puget Sound at Anacortes, Washington. Work within our jurisdiction includes the replacement of 1,500 cubic yards of riprap into an existing rock embankment and the placement of 23 salvaged tree trunks interspersed in between the rock, the placement of up to 12 cubic yards of fill to match the proposed elevation of the trail, the extension of outfall pipes, and the placement of 500 cubit yards of suitable beach nourishment material over five years. Based on the information you provided to us,Nationwide Permits (NW?'s) 7 (Outfall Structures), 13 (Bank Stabilization) and 27(Aquatic Habitat Restoration, • Establishment, and Enhancement Activities) (Federal Register February 21,2012,Vol. 77, No. 34),authorizes your proposal as depicted on the enclosed drawings dated June 21, 2014. • In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 7, 13, and 27, Terms and Conditions and the following special condition: a. You must implement and abide by the Endangered Species Act(ESA)requirements • and/or agreements set forth in the Biological Assessment--No Effect Determination, dated . May 19, 2014, in their entirety. The U.S. Army Corps of Engineers (Corps) made a determination of No Effect for all species and critical habitat based on this document Failure to • comply with the commitments made in this document constitutes non-compliance.with the ESA and your Corps permit. • The Federal Highways Administration completed no effect determinations for the National Historic Preservation Act, Section 7 of the Endangered Species Act (ESA), and Magnuson Stevens Act essential fish habitat(EFH)for its involvement in the proposed activity. For the purpose of this Department of the Army authorization, we have determined this project will . Page 1 of 83 . CONTRACT 13-016-TRN-002 EXHIBIT C -2- comply with the requirements of these laws provided you comply with all of the permit general conditions. We have determined the permit action is sufficiently addressed in their ESA and EFH consultation documents. By this letter we are advising you and the U.S Fish and Wildlife Service and the National Marine Fisheries Service, in accordance with 50 CFR 402.07 and 50 CFR 600.920(b),that this agency has served as the lead Federal agency for the ESA and EFH consultation responsibilities for the activity described above. The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification and the Coastal Zone Management Act requirements for this NWP. No further coordination with Ecology is required. Guemes Channel is a water of the United States. If you believe this is inaccurate, you may request a preliminary or approved jurisdictional determination(JD). If one is requested,please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18,2017,unless the NWP is modified,reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18,2017, you will have until March 18,2018,to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Upon completing the authorized work,you must fill out and return the enclosed Cer°trfrcate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at www.nws.usace.arnry.mil select"Regulatory Branch, Permit Information" and then"Contact Us." A copy of this Page 2 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C -3 letter without enclosures will be furnished to Mr. Ross Widener,Widener&Associates, 10108 32nd Avenue West,Suite D,Everett,Washington,98204. If you have any questions, please contact me at erin.l.legge@usaceranny.mil or(206) 764-6695. Sincerely, f Cr.da " 1 ` ei! "rin L.Legge,Ptbj#ct Manager Regulatory Branch Enclosures cc: letter only via email to Washington Department of Ecology, Federal Permit Coordinator at: ecyrefedpermits@ecy.wa.gov • cc: wfdrawings only: U.S. Fish and Wildlife Service (Lacey) National Marine Fisheries Service, Lacey Page 3 of 83 • • • I-7 , I_I -rIr� rI, '!'�ts„f•i- _ SrI 2 01-�4-0i:0�,.i-64 3; Praoeczyt I oDrn- ?a9AI°w1In g'-rseO--- r1c�1.tobe rrs, 2_9 s'r L. 2�- }0�1 r,64 ; Pl al -,ve-9 r 1op f ',l 1 7 +�w ta.L ;rM• .+�I si 's.0 AI.J.S.1ArmyCopo-fEgineeris}R,yeferenc : NtW' � i}i i � :,, 1 I, ° r, -,- ' J „ L J I ' I- I �i; z I r € �1 ,n _,J ._ r - r J f r, 1 � �- 1 yr r.s-aI 1 er, L r r, �N 0,5 MIies r r y .au't 3 a d r' : l9`� 7 i 1 I „ _ }� I ▪d1ti ri � fC FFt r r�• .J .+ � • ,f mo r Gcm y 1 elt".ii ' "di � s�ti+4re4t :� I ( I r { : . .gUurr c a M N`(+I , }}_ .' :i,_ I I z � 3irt. kcT ' *" 'y i.r I ' f 4 _I I z 'l I.;' r' 1- . -r u .I" I _ ,, � 9 3 4 - 5i �' _ _-- - I II I , } , _ ., ' -- .. - °fir_ " a .; w f 91 •. sw I I I J ,: 4. 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See attachment C County: Skagit u,5, Army t;orps of Lngineers Keterence: NVVS-2014-00643; Project Drawings Date: October 29, 2014; Page 2 of 17 0 -c 73 N 03 a ru — s� 20011003O1O6 _----_ A -° c� INS 1 �R WSDi R Sl1RU�Y A; r _ _ INNER BAR -- — cQ4�4�aR FOR�ARvE co O : - - _ _ _ RIP � AtL J o al as ��—�"�y _ _ �—c�" 'a O . Of ;R,on�U t "3 ram_ �� - — _ Lli tiS 15 Fp,IAQ Q Z f r - r "" o Q C4d�R15�� OV �R q '� Zf (Ds k „powCC. R OF E Rp1N1P� �'r m W CP CI,' 5, — Cif StgP� 721 o CO -V CI ICE 00 -Li o ELE�A�\DN T° MATCH z �RA4L 13.5' z NEIN ATION O TQ � � ; , GRAPHIC SCALE 6 EXlSv1�y TRa P ��D TRAM 20 a 20 4o sa ALS° END :, ( IN FEET ) NEB ) 1 inch = 40 ft. __ LESE\D J L AREA OF RIP/RAP HARVESTING „� 7Z PAVED 121 TRAIL �; DATUM MLLW = 0.00 ,PAVED 10' TRAIL MHHW co TOP OF BANK c,-.' ci„. — — PROPERTY LINE U.6. Army Corps of Engineers Reterence: NVVS-2014-00643; Project Drawings Date: October 29, 2014; Page 3 of 17 ® a 75 y O -0 CDC ----- -_ 72'a rrnn 0 <p „_ ----_-- Qm — _----- _`" ---- .._ _— --/ Ca CD -----_-_ -- NEW CULVERT OUTFACE #1 r" D f � f _r — 10' 1414E TRAIL FROM --1 25 L 16' CPER SD O C n - +— `-- r- STA 345O TO STA 1 INV. OUT=8.6' TOE OF SHORELINE ROOK — WASH.�OUT #3" 6+60 \ . L„w _ cF FILL -- ,-5 — 1 MHHW � -- O rn rD 112 SE &F C Y --" " - — I II) .J` �! — t9 ' %1 r •' � {3 F)1[4 tq i,!�S,c It S i E 1 l Prafrall V i 4 _, _ 14 —-- - '1r t'q p UkaA Ivao, !g •€a.�.:._ ,kliis6�Uu _ w Q7 Fve �� rJ ,_ O p O C6#1 T?E 1 o O = �t � o O 8—30-- O C C C RIM EEEV,=I3 J/ f C —40 Lf REDI-ROCK GRAVt'C INV. OUl 10' Z m1 10Q RE41 ROCK G[tP itV WALL $8"X41"n1 a B E A "T WALL 4fi"X$1"X18" 0A5E 220 Ef 4" PERT. PVC Sfl PIPE 9LOG4C5 MAY4h1UFd h' A60VE • BLOCKS MAXIMUM 4 AROVU a2(:)NR 4" P ANfl AL041G TRAIL 5RRADE SEE SECT10P0 ST X �-I CD STA 3k64 TO 5TA TO CIS _ ROB GftAgE �P.OAfl 4h5. SEE SECTIONS. W G' O 1ON1 11E - 1 6 atN� z O 0 H0R ALAS A Ac- 9-0° o �905090034 N } , AFC 1 GRAPHIC SCALP ' 20 0 20 40 as LEGEND -Js sf€2 e'4S#asRuou nl�LS - 4ttu� 1————1 ( IN FEET ) b _._.. ____.�.J AREA OF RIP/RAP HARVESTING I. inch = 40 ft. PAVED 12' TRAIL ,I; RIMBigin PAVED 10' TRAIL MHHW DATUM MLLW = 0,00 TOP OF BANK — — PROPERTY LINE U.S. Army Corps of Engineers Reference: NWS-2O14-00643; Project Drawings Date: October 29, 2014; Page 4 of 17 © s� �. W-- co El — _ — _ rn 0'„ 3 — — ~— P 317 43 Q ORT OF G) "`` T (0 - — A�IACCRTES d' COdRl00R FpR HARVE5jlh0 N SO' FIDE TRAIL FOR 40 RIP/RAP FdR RACK m n an' C04RiDOR FOR HARI+EST4�IG PROPER MEAL FEET STA 9+30 TO REVEL MEfvT V1ALL vi 3 R1P/RAP FOR ROCK ETA 9-I-7d __ _ C7 N REVENWENT WALL �- N PAHHW --- RF TOE OF SHORELINE ROCK ._� f-• p -c fHHW -�_._ J__� -� I 0 b 3is�.,�1111Tgi'"1"11Sl "" ., 0 affiirgiPn -1:7 C lU ,—`- 1174.4-9' C7 micas o 1 TI C-7 (11 07 O I �i o F1 69°43'00 E Q -CD p p = ""I J Q �Q LF REDI-ROCK GRAVITY WAU-. 46"X�1"}{18 1 O I a �. BLOCKS MAXI?�IUM 4' ABdVE GRADF STA 913( z `7Go i ��1 f 5lA 9+7D. SEE 5ECTI0PIS. 1 6,3,1 \ !I C� \ ,s,, , - i1 DATUM MLLW = 0,00 e _--� o pop OE SLOPE 'YE-7,,Im„� �a G wn, L=GE\ E _.- _i AREA OF RIP/RAP HARVESTING PAVED 12' TRAIL �i` a�� � PAVED 10' TRAIL , �I GRAPHIC SCALE 20 0 20 40 80 ——TOP—TEP OF BANK ( IN FEET ) PROPERTY LINE 1�" 1 inch = 40 ft. U.S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 2014.; Page 5 of 17 r > 23 s� 0 '- m T o a' , AF2OQ11003010d 04Z LIT PER \N5U51D - --. n c� � P8121 rn ate, r-- n qq��r {� I h�ltiER i f_ to c.0 — — O-4, CT MO " n - fl1— EEL CR oo a C —AN \ EL / EEL GRASS 0 tra EEL GRASS [REW 30' COORIDOR FOR I-AR'v • a) 0 / RIP/RAP FOR ROCK E.JENSION OF EXISTING / ``'--.OUTFACE CULVERT }2 E \STING -- - 30 LF 36" HOPE SD W/ � ��,EA, ��� CR •C 5' DIFFUSER TEE AT 1 4)E,C _— r- -I SHORE ROCK SEE DETAIL �_ �_ ----- "- INV. OUT= 8.0' --- _ -� O �~ .~—~JAY .-- -�—~~•- -�`J �_ .�— �.�_�—-�-'ti���- _�\—_—_i____ / E I OCK Mh11�Vi �_. 70 COLS �� • TOE OF SHORELINE R _-� HR o41111111111" --- o �.�-_ — ~ WOO � tv �_�� — can 1c Zi o m �Ai; o CURVE CD p CD 89.09' o CD N65'28'AO E- 0 ST41f�S pxIST �}ECIC ACID c N • 5TAIR5 X18" BASE CB TYPE2 54' il5 I / h 3+30 TO f RINI ELEV.-1 .5 j (� ) I/ l 1 / / NV, OUT 36 PPE-s.S' 1 LO r _ _ LEGE \D €�' r. — _i AREA OF RIP/RAP HARVESTING PAVED 12` TRAIL litnININ PAVED 10` TRAIL GRAPHIC SCALE DATUM MLLW = 0,00 20 0 20 40 80MHHW ds——.—— —TOP OF BANK l sir one IN PROPERTY LIN I 1 inch - 40 �ft. U.S.Army Corps of Engineers Reference: NVVS-2014-00643; Project Drawings Date: October 29, 2014; Page 6 of 17 • O 0 •u - T INNER HARBOR LINE PER WSDNR SURVEY AF2©0110030106 -- — o o z ' - - � P3� 742 4r �' z CITY OF • `� ANACO TES c rt › PROP ER-Y o 9 2 \EEL CRASS (� CO C \ J c EEL GRASS I EXTENSION! OF EXISTING WASH-OUT I14 /l IARVESTING OUTFALL CULVERT Li3 LOW rT ELEv.=5.9' 30 LF OF 30" HOPE 200 SF & 4 CU YDS OF cD - -- STORM W/ 3' DIFFUSER FILL BELOW 5.3'MMHHW _- -� - CD 77E ND SNARE XUUK �- - -� ----- --_ - -r ----- -I INVERT ELEV.=5.3' 0 713 O __ �_� �� �'M1� __l0.~OE SHORELINE ROCK _ _ f_� r - . J -i Tr 07 MI-INW m n W co 'Tr , �G TOE OE HILL o 0 0D o o Q 0 0) W j l Q .CD O CDL C7 dC� O o CD CD C> PROPERTY LINE IS 'f9'.FROM C� Z I 7,7 J / / IM .5MH /p !! REM ELEV-12.5' O f ` INV. CUT = 8.5' f j� I NEW QUARRY SPALLS AT EXISTING 24' TEE DIFFUSER r N p. 41 �,� ,, .i, ,iv I ppp T 24" p 0/4 pp3r76 I ', �;i pFF�SER - - L E G E \1 D J FpT7 (' _ L__ J AREA OF RIP/RAP HARVESTING p , PAVED 12' TRAIL 4. e to PAVED ID TRAIL GRAPHIC SCALD �yA1 1�VAI`y3 1�� 20 0 20 40 80 DATUM i i L W - 0.00 I l k H YY ...., .t HI§,,?,,,,,,,,,Si2 k !,..,, ry,,,,A.,,,,, ,,,,.�F11. --------TOP OF BANK ( iN FEET ) PROPERTY LINE 1 inch = 40 ft. U.S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 20'14; Page 7 of 17 • Q co — — — — _ > I..: SD = - E T D: CD 3 q EEL GRASS PERIMETER EEL GRASS = cil NO HARV 30` COORIOOR FOR HARVESTING EEL :RAS t EEL GRASS ROCK IN a RIP/RAP FOR ROCK PRIVATE CD I • REVENT�hENT WALL -- - 1 10" v�Y TRAIL. FOR 40 •-7 C� LINEAL FEET sTA 97+R° / _ Q 'D o CDaOD o CD CCD r 50 LP 4' PERE PVC CD CD TO NEW C9 T 0 EAST €r N 4a Iz�I�Rocx cRAvrTr WAIL 46"�;��'x�s" BA5E p BLOCItS MAXIMUh9 2.5' A80VE GRADE STA 17+64 TO �1�, �i/, sTA �s�2a. L �� �l�i V�— Oi- .'0 L _ AREA OF RIP/RAP HARVESTING RpR�S�S � � 4'• I Ik e NO RIP/RAP HARVESTING ��1 e. PAVED 12` TRAIL GRAPHIC SCALE ` ' ' PAVED 10` TRAIL zo o zo 40 So DATUM M L L W = 0,00 NH H w }t ,,,4 .,,,,,, ,a,� .....;,,,. e,,x,:,,,,,,,,, ———_TOP OF BANK ( IN FEET ) — PROPERTY LINE 1 inch = 40 ft. U,S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 2014; Page S of 17 ,' �' INNER HARBOR LINE PER WSDNR SURVEY AF200110030106 - -_. DAE 7 P31743 to P TID- AND S- OR - ANDS AY � PROPERTY D a TRACT 4 EL GRASS PERIMETER 0 NO HARVESTING OF SHORE EEL GRASS PERIMETER NO HARVESTING or SHORE ROCK IN HATCH AREA ON ROCK IN HATC AREA ON EEL GRASS PER m M PRIVATE. LAND PRIVATE LAi1D {p =a rn �� �' 1O' winE TRAIL FOR / f 110 UNEAL FEET STA_�� I � �21 t80 TO STA %�� � ///�/ n .------- CON. / 90 �' �� / TaE OF SFIORI LINE �� ZZ a cs, o C n c7(:)----------___---20-cp 1 pQ o 0 o c' cyi co 60 LF' 4" PERFORATED o c> o 50 LF 4" PERFORATED b e b \\_,...: 0 PVC SD BEHIND WALL PVC SD BEHIND WALL 1 40 LF REDI-ROCK GRAVITY WALL CENT Z 4BAX41"X18" BASE BLOCKS 30 LF REDI-ROCK GRAVITY WALL 46"X41"X-ID" BASE o MAXIMUM 2.5' ABOVE GRADE STA BLOCKS MAXIMUM 2.5' ABOVE GRADE STA 22+60 TO / CENTER LINE fl N 21-I^80 TO STA 22+20. STA +90' I I— W J AREA OF RIP/RAP HARVESTING lt NO RIP/RAP HARVESTING AP , PAVED 12' TRAIL ,I !IN`M PAVED 10' TRAIL GRAPHIC SCALE DATUM MLLW = .0,00 NHHW 20 0 20 40 80 —-- ._.—-,TOP OF BANK 11#1.1,1.,$11 �, ,,=', I'.R:A 1, 1.111,3,,yv11�; 1,,41111tTI FE — — PROPERTY LINE 1inch = 40 eft. u. . army corps of Engineers rzeterence: NWS-2014-00643; Project Drawings Date: October 29, 2014; Page 9 of 17 r- 13 > 70 o 0 k, -0 — — — — — — _ _ NIvER HARBOR LIy PER WSDNR SIfRV b a n C7 / D CD = 0- r CA .• - n z = C• D. c / CEa B g Su CD 2 o n 0 PERIMETER co a) n U I at ��>-'°Y.I.W-SP--1.111,11001.11,,,11110101°P-d°51 NO HARVESTiNg --iROCK IN HATCH OF SHOREn s i �_ +�- PRIVATE[AND AREA ONO ... Z 44_-13 ��1��� ' 617 UN XCDco C � �.r � /cs 7 CI N.) o O Co cm cp `--� rowi FOE SHORELlIN W cm 6 Co -- PROPERTY LINE IS 15' FROM _0--- co CENTERLINE 4F CLD {2A11 O R�PCTY i ��'�"� �! N. Z LINT; MEASURED FROM THE CENTER OF EXISTING TIES o cap o a ---- 0 0 IvacD 0 cD P3� -,1 7Ln 1 1 k DATUM MLLW = 0,00 -7 G _ L =G E f� D , , .� I 7-��, 7 _--1 AREA OF RIP/RAP HARVESTING PAVED 12' TRAIL GRAPHIC SCALE PAVED 10' TRAIL 20 0 20 40 80 MHHW_—TOP OF BANK E { IN FEET ) — — PROPERTY LINE 1 inch = 40 ft. U.S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 2014; Page 10 of 17 I-- "L7 7 70 JRVEY AF200110030106 _.. _" �' . " ` P31732 a. 6 SAYE PROPERTY Zz= a __ LEGEND w G� GRAPHIC SCALE __ J AREA O RIP/RAP HARVESTING ''s 20 0 20 40 as NO RIP/RAP HARVESTING GUEMES Ct El NM PAVED 12' TRAIL EeZ GRAss FrM inch �-E40 eft. PAVED 10' TRAIL I._ m = DER MHHW ---- - --TOP OF BANK m PROPERTY LINE so LQyy WASH-OUT#25 91 SF ANb 3 CCD g C Y OFF7t OTV =6.43 SF AND l CY DF FCLC�FiQ 8.3n7HNW H 8'3MNNW R°KARVES71NG OF SNORE EEL GRASS PERIMETER #TT > PRNA7EDCN` `FA ON ENI X --I up C = co J E ROC1{ W —.:1=—, (.0 --06.... ____,,t ----_:1,„„„„„,„..,...„,,,,,,,,,„„„....„,..._,.... N.) CO H 1 TOE OF H1LL SCOPE O O V -`---„, 0 0 -- Ra f-LINE_} I PROPERTY LINE IS 15' FROM I CENTERLINE OF OLD RAIL UNE MEASURED FROM THE CENTER OF EXISTING DES DATUM MLLW = 0,00 I I U.S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 2014; Page 11 of 17 0 - - 77 n _, Z €'' s LATE / m g o �' GRAPHIC SCALE �f .9 - AND S—tO=E� in l� � 20 0 20 40 80 TRACT 3 0 f,„ t �� ( IN FEET ) s tel 1 inch = 40 ft, C7 "„5 m 0 W NO HARVESTING or SHORE X END OE PAVED TRAIL STA 32+50 '12' INDE ROCK KOK IN HATCH AREA ON = CONSTRUCTION ACCESS PRNATt IAD jjQ W ROAD o / f /----- ----'-'-'-jogle LOVRIC RpP€ -- �— _ TOE o SHORELINE-RINK—a-- Z Cis c'D01 " -7 - cs ' `'� O o P P LCVRIC PROPER LINE a o o P ' LOVRiC PROPERTY LEGEND NO RIP/RAP HARVESTING I } 1% GRAVEL 12` TRAIL I r eic 1 1 r fHHW ———--—TIP OF BANK DATUM MLLW = 0,00 - — PROPERTY LINE U.S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 2014; Page 12 of 17 0 (nW o z . 5-1' Cr7 LEGEND CA 0 p g � p,) ELANDS ''! GRAPHIC SCALE NO RIP/RAP HARVESTING 6 3 20 o 2a 40 as � ......:.:. // GRAVEL 12' TRAIL ( IN FEET ) a 1 mcn = 40 ft. MHHW CD = TOP OF BANK --I — — PROPERTY LINE 0 Zil o GUEMES CHANNEL 7, EXISTING 24" STORM -0 in OUTFACE. NO CHAN N OUTFACE X H 12' WIDE ROCK CONSTRUCTION ACCESS ROAD _.1, W W r O � 6 LOVRLC PROPERTY LINE n oo `a f i O Cr-c -_.. C„ — — __, CAI Na TOE OF HILL 0'-' '`1 o c) [n v + TOE OF COPE r o � � o —1 o Q � Y Y o o C a o 'Ni Y L.OVRIC SURVEY o s AF 8902080013 a LOVR!C PROPERTY LINE II 4 DATUM MLLW = 0,00 U.S. Army Corps of Engineers Reference: NWS-2014-00643; Project Drawings Date: October 29, 2014; Page 13 of 17 0 ce) las 0 — — — -7— — — — . . a ,�- con co rt 9 co / NO RIP/RAP HARVESTING CD c I �� GRAVEL 12' TRAIL ]I ATE 7 MHHW T DE A\ D S -ORE.i w rs;,, ———— TOP OF BANK• -RACY 2 — — -PROPERTY LINE `DM / 0 DATUM MLLV/ = 0,00 / o 1 / GRAPHIC SCALE 0 j / 20 0 20 40 80 Z EXISTING 24" STORM WATER f / Li 161 ( IN FEET ) m-Q OUTFA[J_. NO CHANGE TO I OUrFAtL / I/ 1 inch - 40 ft. X -€ C10 , ono \ ---- I % �° LOVRlG PROPERTYLINE's N f �i ASPHALT CD o o \,�t'' o -2a L(?Vr4!C SURVEY 'cc) cpl o& ,c, o AF 8902080013 cp RP( LINE 9<t So 1 1 CONTRACT 1 3-01 6-TRN-002 U.S. Army Corps of Engineers Reference: NWS-2014-kAtiftlkgct Drawings Date: October 29, 2014; Page 14 of 17 w VARIES VARIES EXISTING Q GR❑UND I .LE 07 i 20' 20' TOE OF EXIST. TYPICAL ROCK SHORE WASH-OUT AREA / ARMORING 15' I / 15' / RIP/RAP TO BE 10' — —� - 10' HARVESTED FROM MHHW 8,3' SH❑RELINE TO REBUILD THE 5U_ - 5' ARM❑RING ALONG THE SHORELINE TYPICAL TRAIL EXISTING SECTION SCALE: N,T,S DATUM MLLW = 0.00 Reference Number; Applicant: City of Anacortes Proposed Project: Guemes Channel Trail Phase VII Location: Along Guemes Channel Page 17 of 83 CONTRACT 13-016-TRN-002 U.S.May Corps of Engineers Refe-ence: MNS-2014- W''ToPct Drawings Date: October 29, 2014; Page 15 of 17 NOTES! 1, CONTRACTOR SHALL HAVE ALL CONSTRUCTION MATERIALS SECURED AND ALL CONSTRUCTION EQUIPMENT OFF THE BEACH WHEN THE INCOMING TIDAL REACHES 2' FROM THE LIMIT OF CONSTRUCTION AS MEASURED IN A HORIZONTAL DIRECTION, 2, ALL CONSTRUCTION EQUIPMENT AND OPERATIONS SHALL BE CLEAR OF THE BEACH AFTER THE CLOSE OF THE WORK WINDOW, ALL CONSTRUCTION OPERATIONS FOR THE PATH AND RIP/RAP AR€M❑RING AFTER THE CLOSE OF THE WORK WINDOW, SHALL BE DONE FROM THE PATH AREA ABOVE, VARIES VARIES J EXISTING a FINISH PATH I GROUND ELEV,=13,5' 1,511 MAX 1 / MIN, CUT SLOPE 20' 20' �' PROPOSED 12r LWD installation RIP/RAP - � 6" QUARRY 15 anchored in rock wall REPAIR l 1 • �'* SPALL SURFACE Ir ON 1,5.1 SLOPES 10, 10' MHHW 8,3- 3' COMPACTED OF EXIST, 111P, ASPHALT CLASS "I3" ROCK SHOREAillik,ARMORING — — '411‘ ' 4' CSBC COMPACTED NATIVE GEOTEXTILE FABRIC OVER COMPACTE OR 12' RAILROAD BALLAST BASE COMPACTED GRAVEL BASE AND DOWN BACK OF SHORE ROCK TYDICAL TRAM SECTION @ PEDAIREI RIB/;SAP ARMORING SCALD N,T,S, DATUM MLLW = 0,00 Reference Number: Applicant: City of Anacortes Proposed Project: Guemes Channel Trail Phase VII Location: Afonq Guemes Channel 8 of 83 CONTRACT 13-016-TRN-002 U.S. Army Corps of Engineers Reference: NWS-2014-0 ;1 PRj t Drawings Date: October 29, 2014; Page 16 of 17 U 3 VARIES VARIES H 0 °I I I I FINISH PATH — EXISTING ELEV.=13.5' GROUND MIN, 20' --ter 6,5' m.— 201 - -.5,5' - PROPOSED 1` rl �"- 1' RIP/RAP 21 151 REPAIR 1 - Y 01 TOE -OF EXISTO MHHW 8,3' �CB TYPE2 54" 1##5 ROCK SHORE RIM ELEV,_12,T` G ARMORIN — 30 LF 36" HDPE STORM PIPE WITH WELDED 36" 5' LCINDG TEE AT OUTLET IE=8,0' TRAIL SECTIL\ @ OUTFALL SCALE, N,T,S, DATUM MLLW = 0,00 Reference Number: Applicant: City of Anacortes Proposed Project: Guemes Channel Trail Phase VII Location: Along Guemes Channel Page 1.9 of 83 ee�...pefer2ace'I•i4nrc..�n•1�_nnrn:•D*.orci-0 < ,.a'argr 2-0, '7 -• 3'Ff.s.F FM.9Ll4fIN°PSEE AO.R .. SISEPEjr RE1ERi67T WNW 1: IETI o I.FHL WEES SOF StIn 10 it 2/+id ROx.57A Uk00 Id t+G-0. 3'TFDE 01 PAIIII,S AFn S51E MISS I. ten A1H5<5 OP WPM }4c k-0�i5 DY 7'WIC Sllry.Pw+illS Pd;.AA WIZ O FOk rn'EYER AEVIEIENi N/J.31AF'E TO reFiroX SSA x}fA TO 3+04. 1 PA7'{T°Tdf OF SLnFIP'E�N;-,i _ 1 APP"EDDA.$fR 0+00 IT 17-0,9.0,-Meng A.M. 2, v I 1,3/4 sa eheS TReZ ,„. py" K _ •� `—�fr =C� tivr� =+Yam- _ - _ _ =a¢.. ,art- _ -l' -f '-.- --.1----- ' -• - �.q-" - ,17-. .RI �('.w� O-F F;tv;7xlR l� _ --_...- �. & -r'"�ro.. 8 - a "—w= "i:w25. .-, "•+��...�- _ ram^ - E 5 91$ _ 6 EEJ - -.- - ''` erg- 7,,is le NW iTO.-0EdF 1 3 ' B tl"sr 9 ` $ IS TO NEO r {y}57VIlG s1dAa m mic�txE if TG' r ' 1wtL EAytt7{ r Ro'f snA�¢emnal Tn rfAicx ewsnla �p°Rw+f ,,„„ `N aL 41 • 1 1 +- w" : I MIME SICK To&Y WAI7Al1YE r!d it t B Fa nruxl17 ON,k5 � ATA'd01 FRCS MONO THE TOP OP 1[.� -_ f PSSO Q!0 0`P}PeR T set RWFS eve y,Ep'ATIH kt 1��i.ftflNA 1 SAVE Sartn/:Hf Ea Tam YfAIL AU f1+�If/ S1YE WSPIrn A'GER RSS; /�' a,c[r+F.5 Rue To I for J g -,���p1--.� � I I /; i 'i '� FIF.[RETNRr�i TREES. L°r; ( °F3 I °ri / S(FIECIAL SIGNAGE i i rr ! SENSITIVE AREA SIGNS SHALL BE PLACED ALONG TRAIL Al 1000 TOOT SPACING. THE SIGNS WILL SE % D'RmE Mlx,Pwmn d Ltr PROVIDED BY THE CITY OF ANACORTES AND READ s Silt'HOOD el M:Xft�,kd PATH T3 _,a AAPRCA,Sfh 20 fy '20'O,C. TOE P non F Ade s[PD-1 Phm TO __ _ .ITO OF OIPE NES s re{C v 9�7° 'THE SS A S NE ALONG THE GNEMES CHANNEL .semi rt PM.Io 43,44 "� A ° = _ _ alTf7MEh'r wu[Td 1a/x. ]] _ ii ., 4 TRAIL IS A SENSITIVE AREA, HELP PROTECT AND 0 1 -0'F�R ..- H " 4 a S IPAL SCR.AWIf.III0 ,; .,, kk $t w p E Exnaas,d� �Ftls�d� CARE FOR IT BY CALLING THE CITY OF ANACORTES 4, / 2...�.`-8 - !±ray —.� ,__ - i -y¢.. .. M. r 9 9 Nf'^OM.S/A 75+50 70 Z6+00� .AT �H0- 9J-T S4E IF YOU NOTICE ANY UNUSUAL !i s R a �� `te r L _ � A. .-.ate �, ," A ACTiUITC,° - lt I s g g Is x e — — ;.,.,.., „. D 7 8 `'r`�� F 11 r ppaI ' L c R yy " __ "".may, M 0 >•+ f I 9 11,,,.F4iF5 I M&J'aE1WIC+010 ALMfAa' II 2 8 1�o $ tIT TOHN,MA..-Iro I r I l J C • Q 1 A4cA 1 ilk iRar.As ' Mg I p eager a # s~ � ~ „_� k ?a*50`�n4��eVor.' H . 17pid'F co rI r` ,`90, iz i _ , , I 1� _ I I I i ze H S'H,- f fhkr•pw CO LEGEND Z ro $Rr° ;'a ° PROPOSED: 1 .srA ze+sr Ea zd°.G ,,4aa' EXISTING ALDER TREES TO BE RETAINED O �.' = —�.'°', SAVE 23 TREES ALONG PAVED PATH ' ' 1 ID ESTABLISH 5,250 SQUARE FEET OF PI�NTINGxlsrlNGMAPLE TREES TO BE RETAINED 8 T� �_ N ,/_ Fzi°drn8°,>s,8-FTA3E70 AREAS ALONG WATEP, SIDE OF PAVED PATH " a� ' `I-e- EXISTING ALDER TREES TO BE REMOVED . 1 d °` �eti., •g j $ °mA;,.,z v Removed tCeeS to be used as I y„'- 1 I x e��g�— �_, � 1 _�— °� LWD anchored in rock waif } f y.,, TV F ..rm .� J MsA, 1 QnuF ' $e[dvr,won". — _ . • r' _'t- fx ti -----i r_. T iii 1 i III• [7 ; r • r I I6t I 1 f I I 1 r I . q,ig. +M 15P117., GRAPI-IIC SCALE 50 0 50 100 00 'r F'PRresTnr LmctNEEtzrn c` Guemes Charnel Trail Ph 5 &' SUR flEYING Gue.raes Channel ( IN FEET ) ' ri nnrx tt.QEI;IiIG,ru P.x.,e.iS, scat.r.010 Tree Preservation FULL SZE 19 X17" croK-1. 1Ety or hawser's, 1 inch=1 OD ft sazd IrAlcns u�nnAn Dwmfcp•io bb str«o� eP�,n:A.oeRAlosxw �1an��,U][IPS,ttA AS7yl E9A-CADS to h i ,, N yat®®n 6�, ]tLp,.I.it31t9166FAtl CONTRACT 13-016-TRN-002 EXHIBIT C man US Army Corps i di Terms and Conditions of�ngineersca ` ;� ' SeatSe District Effective Date:June 15, 2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 40I Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by--case basis by the District Engineer, the following terms and conditions must be met,as applicable,for a Nationwide Permit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 7. Outfall Structures and Associated Intake Structures.Activities related to the construction or modification of outfall structures and associated intake structures,where the effluent from the outfall is authorized,conditionally authorized,or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program(Section 402 of the Clean Water Act). The construction of intake structures is not authorized by this NWP,unless they are directly associated with an authorized outfall structure. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity_(See general condition 31.) (Sections 10 and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note:To qualify for NWP authorization,the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer.Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP.Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP.Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs,has been and is on notice that all of the provisions of 33 CFR§ 330.1 through 330.6 apply to every NWP authorization.Note especially 33 CFR §330.5 relating to the modification,suspension,or revocation of any NWP authorization. 1.Navigation.(a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the pennittee's expense on authorized facilities in navigable waters of the United States. Page 21 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C • (c)The permittee understands and agrees that, if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby, without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged,or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction(e.g.,through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). 7. Water Supply Intakes.No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments.If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows.To the maximum extent practicable,the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition,capacity, and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains.The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 2 Page 22 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pm-construction elevations.The affected areas must be revegetated,as appropriate. 14. Proper Maintenance.Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 17. 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. 18. Endangered Species. (a)No activity is authorized under any N WP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity,or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work.The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification.In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps,the 3 Page 23 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect"on listed species or critical habitat,or until Section 7 consultation has been completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NNMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e)Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g.,an ESA Section 10 Permit, a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where"take"means to harass,harm,pursue,hunt, shoot,wound,kill,trap, capture, or collect,or to attempt to engage in any such conduct.The word"harm"in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,feeding or sheltering. (f)Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide web pages at Intp://www_fws.gov/or http://www.fws.gov/ipac and httpJ/www.noaa.gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eagles.The pemiittee is responsible for obtaining any"take" permits required under the U.S.Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The pennittee should contact the appropriate local office of the U.S.Fish and Wildlife Service to determine if such"take"permits are required for a particular activity. 20. Historic Properties.(a)In cases where the district engineer determines that the activity may affect properties listed,or eligible for listing, in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NIIPA)have been satisfied. (b)Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on,determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate, and the National Register of Historic Places(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act.The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research, consultation,oral history interviews, sample field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer 4 Page 24 of 83 CONTRACT 1 3-01 6-TRN-002 EXHIBIT C either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective pet niittee within 45 days of receipt of a complete pre-construction notification whether N 1PA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR§800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps.. (e) Prospective permittees should be aware that section 110k of the NHPA(16 U.S.C.470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the penult would relate,or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO,appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found,and to the maximum extent practicable,avoid construction activities that may affect the remains and artifacts until the required coordination has been completed.The district engineer will initiate the Federal,Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters.Critical resource waters include,NOAA-managed marine sanctuaries and marine monuments,and National Estuarine Research Reserves. The district engineer may designate,after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites.The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31,35,39,40,42,43,44,49,50, 51,and 52 for any activity within, or directly affecting, critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22,23,25,27, 28,30, 33, 34, 36,37, and 38,notification is required in accordance with general condition 31,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23.Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e., on site). 5 Page 25 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C (h)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing,or compensating for resource losses)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal_ (c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal,and provides a project-specific waiver of this requirement.For wetland losses of 1/10-acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment.Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective pernittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,wetland restoration should be the first compensatory mitigation option considered. (3)If pennittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan.A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request,but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)—(14)must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (4)If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5)Compensatory mitigation requirements(e.g.,resource type and amount to be provided as compensatory mitigation,site protection, ecological performance standards,monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement,or preservation,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the MVPs.For example,if an NWP has an acreage limit of 1/2-acre,it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However, compensatory mitigation can and should be used,as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment,maintenance, and legal protection(e.g., conservation easements)of riparian areas next to open waters.In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally, the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. 6 Page 26 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C (g)Permittees may propose the use of mitigation banks,in-lieu fee programs,or separate petntittee- responsible mitigation.For activities resulting in the loss of marine or estuarine resources, permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee.For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project,and, if required, its long-term management. (h)Where certain functions and services of waters of the United States are peinnanently adversely affected,such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a peunanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level. 24_ Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality_ Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 33 0.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 28.Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications.If the pennittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit, including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of 7 Page 27 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C this nationwide peanit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification.Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized work was done in accordance with the NWP authorization, including any general,regional, or activity-specific conditions; (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lien fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and(c)The signature of the permittee certifying the completion of the Work and mitigation. 31. Pre-Construction Notification. (a)Timing. Where required by the terms of the NW?,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible.The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is deter mined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general rule, district engineers will request additional information necessary to make the PCN complete only once.However, if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity until either: (1)He-or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or(2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project,or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(0).andlor Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))has been completed. Also,work cannot begin under NWPs 21,49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver.If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,the pennittee's right to proceed under the NWP may be modified, suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name, address and telephone numbers of the prospective permittee; (2)Location of the proposed project; (3)A description of the proposed project;the project's purpose;direct and indirect 8 Page 28 of 83 CONTRACT 13-916-TRN-002 EXHIBIT C adverse environmental effects the project would cause,including the anticipated amount of loss of water of the United States expected to result from the NWP activity,in acres,linear feet,or other appropriate unit of measure;any other NWP(s),regional general petnrit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity.The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.(Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g.,a conceptual plan),but do not need to be detailed engineering plans);(4)The PCN must include a delineation of wetlands, other special aquatic sites,and other waters,such as lakes and ponds, and perennial,intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States. Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;(5)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan.(6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on,or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PON must state which historic property may be affected by the proposed work or include a vicinity map indicating the Iocation of the historic property.Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification: The standard individual permit application form(Form ENG 4345)may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition.A letter containing the required information may also be used. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2- acre of waters of the United States,for NWP 21,29,39,40,42,43,44,50, 51,and 52 activities that. require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed,and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide(e.g.,via e-mail,facsimile transmission, overnight mail, or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(U.S.FWS, state natural resource or water quality agency,EPA,State Historic Preservation Officer(SHPO) or Tribal Historic Preservation Office(THPO),and,if appropriate,the N1V[FS).With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive,site-specific comments.The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance 9 Page 29 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered,For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with,either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. District Engineer's Decision .In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project,this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s),as well as the cumulative effects caused by all of the crossings authorized by NWP.Than applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit,as provided for in NWPs 13, 21,29, 36,39,40,42,43,44, 50, 51 or 52,the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors,such as the environmental setting in the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity(e.g.,partial or complete loss),the duration of the adverse effects(temporary or permanent),the importance of the aquatic resource functions to the region (e.g.,watershed or ecoregion),and mitigation required by the district engineer.If an appropriate functional assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2.If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation,the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the pennittee commences work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a 10 Page 30 of 83 CONTRACT 13-010-TRN-002 EXHIBIT C compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan.The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the terms and conditions of the NWP,including any activity-specific conditions added to the NWP authorization by the district engineer. 3.If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (a)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or(c)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level.When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal,state,or local permits,approvals,or authorizations required by law. 3.NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others. 5.NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland,bog,bog-like wetland, aspen-dominated wetland,alkali wetland, wetlands in a dunal system along the Washington coast,vernal pools,caritas prairie wetlands, estuarine wetlands,and wetlands in coastal lagoons cannot be authorized by a NWP, except by the following NWPs: NWP 3 —Maintenance NWP 20—Oil Spill Cleanup NWP 32—Completed Enforcement Actions NWP 38—Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection,you must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre-Construction Notification)and obtain written approval before commencing work. . . 11 Page 31 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 2. Commencement Bay- The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area(see Figure 1 at www.nws.usace.anny.mil,select Regulatory Permits then Permit Guidebook,then Nationwide Permits)requiring Department of the Army authorization: NWP 12—Utility Line Activities(substations) NWP 13 —Bank Stabilization NWP 14—Linear Transportation Projects NWP 23 —Approved Categorical Exclusions NWP 29 Residential Developments NWP 39 Commercial and Institutional Developments NWP 40--Agricultural Activities NWP 41 —Reshaping Existing Drainage Ditches NWP 42 Recreational Facilities NWP 43 —Stormwater Management Facilities 3.New Bank Stabilization Prohibition Areas in Tidal Waters of Puget Sound-Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas(WRTAs) 8,9, 10, 11, and 12(within the specific area identified on Figure 2 at www.nws.usace.ar ny.mil, select Regulatory Permits then Permit Guidebook,then Nationwide Permits)cannot be authorized by a NWP. 4. Bank Stabilization.Any project including new or maintenance bank stabilization activities requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the work, including the cause of the erosion and the threat posed to structures, infrastructure,and/or public safety. The notification must also include a justification for the need to place fill or structures waterward of the line of the Corps'jurisdiction(typically,the ordinary high water mark or mean higher high water mark). b. Current and expected post-project sediment movement and deposition patterns in and near the project area. In tidal waters, describe the location and size of the-nearest bluff sediment sources (feeder bluffs)to the project area and current and expected post-project nearshore drift patterns in the project area. c. Current and expected post-project habitat conditions,including the presence of fish,wildlife and plant species, submerged aquatic vegetation,spawning habitat, and special aquatic sites(e.g.,vegetated shallows,riffle and pool complexes, or mudflats)in the project area. d. In rivers and streams, an assessment of the likely impact of the proposed work on upstream, downstream and cross-stream properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. The Corps reserves the right to request an increase in the reach assessment area to fully address the relevant ecological reach and associated habitat. e.For new bank stabilization activities in rivers and streams, describe the type and length of existing bank stabilization within 300 feet up and downstream of the project area.In tidal areas, describe the type and length of existing bank stabilization within 300 feet along the shoreline on both sides of the project area. 12 Page 32 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C f.Demonstrate the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include,but are not limited to,the use of bioengineering, bioteclnn.ical design,root wads,large woody material,native plantings, and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions,explain how the bank stabilization structure incorporates elements beneficial to fish. If the Corps determines you have not incorporated the least environmentally damaging practicable bank protection methods and/or have not fully compensated for impacts to aquatic resources,you must submit a compensatory mitigation plan to compensate for impacts to aquatic resources. g.A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 5. Crossings of Waters of the United States. Any project including installing,replacing,or modifying crossings of waters of the United States, such as culverts,requires pre.-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the crossing. b.Crossing design criteria and design methodology. c.Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials. Permittees must immediately stop work and notify the District Engineer within 24 hours if,during the course of conducting authorized work,human burials, cultural resources, or historic properties, as identified by the National Historic Preservation Act,are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act,and other pertinent laws and regulations could result in a violation of state and federal laws.Violators are subject to civil and criminal penalties. 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat, as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by, or is in the vicinity of, a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s)of essential fish habitat(e.g.,Pacific salmon, groundfish, and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at wwwnwr_noaa.gov/. S. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands,and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer. If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48,the aquaculture area does not need to be replanted with submerged aquatic vegetation. 13 Page 33 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 9. Access.You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being,or has been, accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements. The perrnittee must provide a copy of the nationwide permit verification letter,conditions,and permit drawings to all contractors involved with the authorized work,prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: • 1. The pre-construction notification must include the following information: location and size of any submerged aquatic vegetation beds in the project vicinity(a formal survey may be required) and location and size of forage fish spawning areas in the project vicinity(e.g.,documented or potential Pacific sand lance(Arnrnodytes hexapterus),Pacific herring(Clupeapallasi),surf smelt(Ilypom.esus pretiosus),and Pacific eulachon(Thaleichthys pacificus)). E_ STATE 401 CERTIFICATION GENERAL CONDITIONS: 1. For in-water construction activities. Individual 401 review is required for projects or activities authorized under NWPs that will cause, or be likely to cause or contribute to an exceedence of a State water quality standard(WAC 173-201A)or sediment management standard(WAC 173-204). Note:State water quality standards are posted on Ecology's website: htip://www.ecy.wagov/programs/wq/swqs/. Click "Surface Water Criteria"for freshwater and marine water standards. Sediment management standards are posted on Ecology's website: http://www.ecy.wa.gov/biblio/wac173204.html. Information is also available by contacting Ecology's Federal Permit staff. 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d)listed segment of a waterbody or upstream of a listed segment and may result in further exceedences of the specific listed parameter. Note: To determine if your project or activity is in a 303(d)listed segment of a waterbody, visit Ecology's Water Quality Assessment webpage for maps and search tools, http://www.ecy.wa.gov/programs/wq/303d/2008/.Information is also available by contacting Ecology's Federal Pertnit staff. 3. Notification. For projects or activities that will require Individual 401 review,applicants must provide Ecology with the same documentation provided to the Corps(as described in Corps Nationwide Permit General Condition 31,Pre-Construction Notification),including,when applicable: (a) A description of the project, including site plans,project purpose, direct and indirect adverse environmental effects the project would cause, and any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form.Wetland rating forms are subject to review and verification by Ecology staff. 14 Page 34 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C Note: Wetland rating forms are available on Ecology's Wetlands website: http://www.ecy.wa.gov/programs/sea/wetlands/ratingsystems or by contacting Ecology's Federal Permit staff. (c) A statement describing how the mitigation requirement will be satisfied_A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publications#06-06- 01 la and#06-06-01 lb)_ (d) Coastal Zone Management Program"Certification of Consistency"Form if the project is located within a coastal county(Clallam,Grays Harbor,Island,Jefferson,King,Kitsap,Mason,Pacific, Pierce, San Juan, Skagit, Snohomish,Thurston,Wahkiakum,and Whatcom counties). Note: CZMCertification of Consistency forms are available on Ecology's Federal Permit website: http://www.ecy.wa.gov/programs/sea/fed-permit/index.html or by contacting Ecology's Federal Permit staff. (e) Other applicable requirements of Corps Nationwide Permit General Condition 31, Corps Regional Conditions,or notification conditions of the applicable NWP. Note:Ecology has 180 days from receipt of applicable documents noted above and a copy of the .final authorization letter from the Corps providing coverage for a proposed project or activity under the NW?Program to issue a WQC and CZM consistency determination response. If more than 180 days pass after Ecology's receipt of these documents,your requirement to obtain an individual WQC and CZMconsistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique,difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1): (a)Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publications#04-06-025 and#04-06-015): ® Estuarine wetlands • Natural Heritage wetlands O Bogs e Old-growth and mature forested wetlands e Wetlands in coastal lagoons ® Interdunal wetlands e Vernal pools e Alkali wetlands (b)Fens, aspen-dominated wetlands,camas prairie wetlands,and marine water with celgrass(Zostera marina)beds(except for NWP 48). 15 Page 35 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C • • (c)Category 1 wetlands (d)Category 11 wetlands with a habitat score>29 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20—Response Operations for Oil and Hazardous Substances NWP 32—Completed Enforcement Actions 5. Mitigation. For projects requiring Individual 401 review, adequate compensatory mitigation must be provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. (a) Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2 (Ecology Publications 406-06- 011a and 406-06-01lb)and shall, at a minimum,include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e.,acreage of wetlands and functions lost or degraded) iii. The rationale for the mitigation site that was selected iv. The goals and objectives of the compensatory mitigation project v. How the mitigation project will be accomplished,including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths • vi. How it will be maintained and monitored to assess progress towards goals and objectives, Monitoring will generally be required for a minimum of five years. For forested and scrub- shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans(Ecology Publication 406-06-011b)for guidance on developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including advance mitigation and other programmatic approaches such as mitigation banks and programmatic mitigation areas at the local level. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person. (see http://w\vtv.ecy.wa_gov/programs/sea/wetlands/contacts.bt€n) • Information on the state wetland mitigation banking program is available on Ecology's website: http://www.ecy.wa.gov/programs/sea/wetla€ids/miti gation/bankinglindex.html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. I Page 36 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction,Access, and Dewatering 7. Stormwater discharge pollution prevention:All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the state.For land disturbances during construction,the permittee must obtain and implement permits where required and follow Ecology's current stormwater manual, Note:Stormwater permit information is available at Ecology's Water Quality website: http://wwweey.wa.gov/programs/wq/stormwater/inclex.html. Ecology's Stormwater Management and Design Manuals are available at: http://wn'w.ecy_Wa.gov/programs/wq/stormwater/mwr cipal/StrrnwtrMan_htnal. Information is also available by contacting Ecology's Federal Permit staff. 8. State Certification forPCNs not receiving 45-day response.Inn the event the U.S.Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days,the applicant must contact Ecology for Individual 401 review.. F. STATE 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP:NONE G. EPA 401 CERTIFICATION GENERAL CONDITIONS: A.Any activities in the following types of wetlands and waters of the United States will need to apply for an individual 401 certification: Mature forested wetlands,bogs,bog-like wetlands,wetlands in dunal systems along the Washington coast, coastal lagoons,vernal pools,aspen-dominated wetlands, alkali wetlands, camas prairie wetlands,estuarine wetlands,including salt marshes, and marine waters with eelgrass or kelp beds. B.A 401 certification determination is based on the project or activity meeting established turbidity levels. The EPA will be using as guidance the state of Washington's water quality standards [WAC 173- 201a] and sediment quality standards [WAC 173--204]_Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented(e.g.,properly placed and maintained filter fences,hay bales and/or other erosion control devices,adequate detention of runoff to prevent turbid water from flowing off-site,providing a vegetated buffer between the activity and open water,etc.),and only up to the following limits: Wetted Stream Width at Discharge Point Approximate Downstream Point for Determining Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet LAKE,POND,RESERVOIR Lesser of 100 feet or maximum surface dimension 17 Page 37 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C C.401 certification of projects and activities under NWPs will use Washington State Department of Ecology's most recent stormwater manual or an EPA approved equivalent manual as guidance in meeting water quality standards. D.For projects and activities requiring coverage under an NPDES permit,certification is based on compliance with the requirements of that permit_Projects and activities not in compliance with NPDES requirements will require individual 401certification. E.Individual 401certification is required for projects-or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies(the 303(d)List)and the discharge may result in further exceedance of a specific parameter the waterbody is listed for.The EPA shall make this determination on a case-by-case basis. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load(TMDL)or an approved water quality management plan,the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedance of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved TMDL,the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL.The current list of 303(d)-listed waterbodies in Washington State will be consulted in making this determination and is available on Ecology's web site at: www.ecy.wa.gov/pro gram s/wq/303 d/2012/index.html The EPA may issue 401 certification for projects or activities that would result in further exceedance or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody.This determination would be made during individual 401 certification review. F. For projects requiring individual 401 certification,applicants must provide the EPA with the same documentation provided to the Corps,(as described in Corps'National General Condition 31,Pre- Construction Notification),including,when applicable: (a) A description of the project, including site plans,project purpose, direct and indirect adverse environmental effects the project would cause,any other U.S.Department of the Army permits used or intended to use to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States.Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. (d) Other applicable requirements of Corps National General Condition 31,Corps Regional Conditions, or notification conditions of the applicable NWP. A request for individual 401 certification-review is not complete until the EPA receives the applicable documents noted above and the EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. 18 Page 38 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C G.No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material,may consist of unsuitable material(e.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 Clean Water Act). H.An individual 401 certification is based on adequate compensatory mitigation being provided for aquatic resource and other water quality-related impacts of projects or activities authorized under the NWP Program. A 401 certification is contingent upon written approval from the EPA of the compensatory mitigation plan for projects and activities resulting in any of the following: ▪ impacts to any aquatic resources requiring special protection(as defined in EPA General Condition A or Corps General Regional Condition 1) ® any impacts to tidal waters or non-tidal waters adjacent to tidal waters(applies to NWP 14) ® Or, any impacts to aquatic resources greater than%4 acre. Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts I and 2(Ecology Publication#06-06-011a and#06-06-01 lb) and shall, at a minimum,include the following: (1) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (2)The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (3)The rationale for the mitigation site that was selected (4)The goals and objectives of the compensatory mitigation project (5)How the mitigation project will be accomplished,including proposed performance standards for measuring success(including meeting planting success standard of 80 percent survival after five years), evidence for hydrology at the mitigation site,and the proposed buffer widths; (6)How it will be maintained and monitored to assess progress towards goals and objectives. (7) Completion and submittal of an"as-built conditions report"upon completion of grading, planting and hydrology establishment at the mitigation site; (8) Completion and submittal of monitoring reports at years 3 and 5 showing the results of monitoring for hydrology,vegetation types,and aerial cover of vegetation. (9)For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (10)Documentation of legal site protection mechanism(covenant or deed restriction)to show how the compensatory mitigation site will be legally protected for the long-terra. I.An individual 401 certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days. The 90 day period begins when filling activity starts in the wetland or other waterbody. J. An individual 401 is required for any proposed project or activity in waterbodies on the most current list of the following Designated Critical Resource Waters(per Corps General Condition 22). K.An individual 401 certification is required for any proposed project that would increase permanent, above-grade fill within the 100-year floodplain(including the floodway and the flood fringe). [Note: The 100-year floodplain is defined as those areas identified as Zones A. A1-30,AE,AH, AO,A99,V,V 1-30, and VE on the most current Federal Emergency Management Agency Flood 19 Page 39 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C Rate Insurance Maps, or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval,or as the flood with an exceedance probability of 0.01.] H. EPA 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: 1.The projects having associated outfall to a special aquatic site(including mud-flat,vegetated shallows,wetland),or 2.The project or activities have an associated outfall to a special aquatic site(including mud-flat, vegetated shallows,wetland), or 3.The project or activities could affect submerged aquatic vegetation in marine waters or forage fish. I. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: CONCUR 20 Page 40 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C NATIONWME PFRIMT 13 Q� US Army Corps of Engineers® Terms and Conditions Seattle District Effective Date:June 15,2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met,as applicable,for a Nationwide Permit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 13. Bank Stabilization.Bank stabilization activities necessary for erosion prevention,provided the activity meets all of the following criteria: (a)No material is placed in excess of the minimum needed for erosion protection; (b)The activity is no more than 500 feet in length along the bank,unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c)The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line,unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d)The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e)No material is of a type,or is placed in any location,or in any manner,that will impair surface water flow into or out of any waters of the United States; (f)No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas);and, (g)The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills,and work necessary to construct the bank stabilization activity.Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable,when temporary structures,work,and discharges, including cofferdams, are necessary for construction activities, access fills,or dewatering of construction sites.Temporary fills must consist of materials,and be placed in a manner,that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. Page 41 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C Notification:The pet uiittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1)involves discharges into special aquatic sites; or(2)is in excess of 500 feet in length;or(3)will involve the discharge of greater than an average of one cubic yard per running foot along the bank below the plane of the ordinary high water mark or the high tide line.(See general condition 31.) (Sections 10 and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note: To qualify for NWP authorization,the prospective permittee must comply with the following general conditions,as applicable,in addition to any regional or case-specific conditions imposed by the division engineer or district engineer.Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP.Prospective perm ittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs,has been and is on notice that all of the provisions of 33 CFR§ 330.1 through 330.6 apply to every NWP authorization.Note especially 33 CFR § 330.5 relating to the modification, suspension,or revocation of any NWT authorization. 3.Navi ation.(a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration, of the structure or work herein authorized,or if,in the opinion of the Secretary offbe Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged,or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation, fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27_ 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). Page Lf2 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 7. Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments.If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition,capacity, and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains_The activity must comply with applicable FEMA-approved state or local floodplain management requirements. • 11.Equipment.Heavy equipment working in wetlands or rnudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13.Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations,The affected areas must be revegetated,as appropriate. 14.Proper Maintenance.Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions,as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project.The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 17. 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. 3 Page 43 of 83 CONTRACT 13-016-TRN.-002 EXHIBIT C 18.Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity,or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work.The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect"on-listed species or critical habitat,or until Section 7 consultation has been completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e)Authorization of an activity by a NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g.,an ESA Section 10 Permit; a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where"take"means to harass,halm,pursue,hunt, shoot,wound,kill,trap,capture, or collect, or to attempt to engage in any such conduct.The word"harm"in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,feeding or sheltering. (f)Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide web pages at http://www.fws.gov/or http:/Iwww.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 19.Migratory Birds and Bald and Golden Eagles.The permittee is responsible for obtaining any"take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such"take"permits are required for a particular activity. 20.Historic Properties. (a)In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places,the activity is not 4 Page 44 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C authorized,until the requirements of Section 106 of the National Historic Preservation Act(NTIPA)have been satisfied. (b)Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permit-tees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity,or whether additional section 106 consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate,and the.National Register of Historic Places(see 33 CFR 330.4(g)).When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act.The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research, consultation,oral history interviews,sample field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed.If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA(16 U.S.C.470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected,and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO,appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found, and to the maximum extent practicable,avoid construction activities that may affect the remains and artifacts until the required 5 Page 45 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C coordination has been completed. The district engineer will initiate the Federal,Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.Designated Critical Resource Waters.Critical resource waters include,NOAA-managed marine sanctuaries and marine monuments,and National Estuarine Research Reserves.The district engineer may designate, after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites.The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31, 35,39,40,42,43,44,49, 50,51,and 52 for any activity within,or directly affecting,critical resource waters, including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22,23,25,27,28, 30,33,34,36,37,and 38,notification is required in accordance with general condition 31,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing,or compensating for resource losses)will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal,and provides a project-specific waiver of this requirement.For wetland losses of 1/10-acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2)Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,wetland restoration should be the first compensatory mitigation option considered. (3)If permittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan.A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request,but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)-(14)must be approved by the district engineer before the permittee begins work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (4)If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5)Compensatory mitigation requirements(e.g.,resource type and amount to be provided as compensatory mitigation,site protection,ecological performance standards,monitoring requirements) Page 46 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation,such as stream rehabilitation,enhancement,or preservation,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example, if an NWP has an acreage limit of 1/2-acre,it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However, compensatory mitigation can and should be used,as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment,maintenance, and legal protection(e.g., conservation easements)of riparian areas next to open waters.In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally, the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters,then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g)Permittees may propose the use of mitigation banks,in-lieu fee programs,or separate permittee- responsible mitigation. For activities resulting in the Ioss of marine or estuarine resources,permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee.For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required,its long-term management. (h)Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level_ 24. Safety of Impoundment Structures.To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26_ Coastal Zone Management_In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency 7 Page 47 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C concurrence must be obtained, or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe, or U.S.EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28.Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification,the pernittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit,including any special conditions,will continue to be binding on the new owner(s)of the property.To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) • (Date) 30. Compliance Certification.Each permnittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation,including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the perrittee the certification document with the NWT'verification letter. The certification document will include: (a)A statement that the authorized work was done in accordance with the NWP authorization,including any general,regional, or activity-specific conditions; (b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions.If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.30)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and(c)The signature of the permittee certifying the completion of the work and mitigation. 31.Pre-Construction Notification.(a)Tinting. Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general rule,district engineers will request additional information necessary to make the PCN complete only once. However,if the Page '. of 83 CONTRACT 13-016-TRN-002 EXHIBIT C prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity until either:(1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or(2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project,or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is"no effect" on listed species or"no potential to cause effects"on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))has been completed.Also,work cannot begin under NWPs 21,49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified Iimits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver.Tithe district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,the pemiittee's right to proceed under the NVVP may be modified, suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee;(2)Location of the proposed project; (3)A description of the proposed project;the project's purpose;direct and indirect adverse environmental effects the project would cause,including the anticipated amount of loss of water of the United States expected to result from the NWP activity,in acres,linear feet,or other appropriate unit of measure;any other NWP(s),regional general pe urit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity.The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP.(Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g., a conceptual plan),but do not need to be detailed engineering plans); (4)The PCN must include a delineation of wetlands,other special aquatic sites, and other waters,such as lakes and ponds,and perennial,intermittent,and ephemeral streams,on the project site.Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States.Furthermore,the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;(5)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan. (6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act;and(7)For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which 9 Page 49 of 83 CONTRACT 13-016--TRN-002 EXHIBIT C historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property.Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c)Form of Pre-Construction Notification: The standard individual permit application form(Form ENG 4345)may be used,but the completed application foimu must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition. A letter containing the required information may also be used. (d)Agency Coordination: (I)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2- acre of waters of the United States,for NWP 21,29,39,40,42,43,44, 50, 51,and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide(e.g.,via e-mail, facsimile transmission, overnight mail,or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(U.S.FWS, state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO) or Tribal Historic Preservation Office(THPO),and,if appropriate,the NMFS).With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs,including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered. For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended,or revoked in accordance with the procedures at 33 CFR 330.5.(3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- construction notifications to expedite agency coordination. .-District Engineer's Decision 1.In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project,this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP.If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit,as provided for in NWPs 13,21,29, 36,39, 40,42,43,44,50,51 or 52,the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in Page 43 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or • magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity(e.g.,partial or complete loss),the duration of the adverse effects(temporary or permanent),the importance of the aquatic resource functions to the region (e.g.,watershed or ecoregion), and mitigation required by the district engineer.If an appropriate functional assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse effects determination.The district engineer may add case-specific special conditions to the NV/P authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts.The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation,the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k).The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective pennittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan.The district engineer-must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the tei ins and conditions of the NWP,including any activity-specific conditions added to the NWP authorization by the district engineer. 3. If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (a)That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit;(b)that the project is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or(c)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal Ievel.When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 11 Page 51 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 1. District Engineers have authority to dete,nrine if an activity complies with the terms and conditions of an NWP_ 2.NWPs do not obviate the need to obtain other federal,state,or local permits,approvals, or authorizations required by law. 3.NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others_ 5.NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1, Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland, bog,bog-like wetland,aspen-dominated wetland, alkali wetland, wetlands in a dunal system along the Washington coast,vernal pools,camas prairie wetlands,estuarine wetlands,and wetlands in coastal lagoons cannot be authorized by a NWP, except by the following NWPs: NWP 3 —Maintenance NWP 20—Oil Spill Cleanup NWP 32—Completed Enforcement Actions NWP 38—Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection,you must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre-Construction Notification)and obtain written approval before commencing work. 2. Commencement Bay. The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area(see Figure 1 at www.nws.usace.army.mii; select Regulatory Permits then Permit Guidebook, then Nationwide Permits)requiring Department of the Army authorization: NWP 12—Utility Line Activities{substations) NWP 13—Bank Stabilization NWP 14--Linear Transportation Projects NWP 23—Approved Categorical Exclusions NWP 29—Residential Developments NWP 39—Commercial and Institutional Developments NWP 40—Agricultural Activities NWP 41 —Reshaping Existing Drainage Ditches NWP 42—Recreational Facilities NWP 43—Stormwater Management Facilities 3.New Bank Stabilization Prohibition Areas in Tidal Waters of Puget Sound.Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas(WRIAs) 8, 9, 10, 11,and 12 (within the specific area identified on Figure 2 at www.nws.usace.army.mil, select Regulatory Permits then Peimuit'Guidebook,then Nationwide Permits)cannot be authorized by a NWP. 4. Bank Stabilization.Any project including new or maintenance bank stabilization activities requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: Page g2 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C a.Need for the work, including the cause of the erosion and the threat posed to structures, infrastructure, and/or public safety. The notification must also include a justification for the need to place fill or structures waterward of the line of the Corps'jurisdiction(typically,the ordinary high water mark or mean higher high water mark). b. Current and expected post-project sediment movement and deposition patterns in and near the project area. In tidal waters,describe the location and size of the nearest bluff sediment sources(feeder bluffs)to the project area and current and expected post-project nearshore drift patterns in the project area. c. Current and expected post-project habitat conditions,including the presence of fish,wildlife and plant species,submerged aquatic vegetation,spawning habitat,and special aquatic sites(e.g.,vegetated shallows,riffle and pool complexes,or mudflats)in the project area. d.In rivers and streams,an assessment of the likely impact of the proposed work on upstream, downstream and cross-stream properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. The Corps reserves the right to request an increase in the reach assessment area to fully address the relevant ecological reach and associated habitat. e.For new bank stabilization activities in rivers and streams,describe the type and length of existing hank stabilization within 300 feet up and downstream of the project area. hi tidal areas, describe the type and length of existing bank stabilization within 300 feet along the shoreline on both sides of the project area. f Demonstrate the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include,but are not limited to,the use of bioengineering, biotechnical design,root wads, large woody material,native plantings, and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions,explain how the bank stabilization structure incorporates elements beneficial to fish. If the Corps determines you have not incorporated the least environmentally damaging practicable bank protection methods and/or have not fully compensated for impacts to aquatic resources,you must submit a compensatory mitigation plan to compensate for impacts to aquatic resources. g.A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 5. Crossings of Waters of the United States. Any project including installing,replacing,or modifying crossings of waters of the United States, such as culverts,requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the crossing. b. Crossing design criteria and design methodology. c.Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials. Perrnittees must immediately stop work and notify the District Engineer within 24 hours if,during the course of conducting authorized work,human burials, 13 Page 53 of 83 CONTRACT 13-01 6-TRN-002 EXHIBIT C cultural resources,or historic properties, as identified by the National Historic Preservation Act,are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act,and other pertinent Iaws and regulations could result in a violation of state and federal laws.Violators are subject to civil and criminal penalties. 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat, as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by,or is in the vicinity of; a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s)of essential fish habitat(e.g.,Pacific salmon, groundfish,and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at www.nwr.noaa.gov/_ 8. Vegetation Protection and Restoration. Pennittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands, and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer.If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48,the aquaculture area does not need to be replanted with submerged aquatic vegetation. 9. Access.You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being,or has been, accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements.The permittee must provide a copy of the nationwide permit verification letter,conditions, and permit drawings to all contractors involved with the authorized work,prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP:NONE E. STATE 401 CERTIFICATION GENERAL CONDITIONS: 1. For in-water construction activities. Individual 401 review is required for projects or activities authorized under NWPs that will cause,or be likely to cause or contribute to an exceedence of a State water quality standard(WAC 173-20IA)or sediment management standard(WAC 173-204). Note:State water quality standards are posted on Ecology's website: http://www.ecy.wa.gov/programs/wq/swqs/ Click "Surface Water Criteria"for freshwater and marine water standards. Sediment management standards are posted on Ecology's website: http://www.ecy.wa.gov/biblio/wac173204.htrnl. Information is also available by contacting Ecology's Federal Permit staff. 2. Projects or Activities Discharging to Impaired Waters. Individual 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d)listed segment of a waterbody or upstream of a listed segment and may result in further exceedences of the specific listed parameter. Page of 83 CONTRACT 13-016-TRN-002 EXHIBIT C Note: To determine if your project or activity is in a 303(d)listed segment of a vvaterbody, visit Ecology's Water Quality Assessment wehpage for maps and search tools, http://www.ecy.wa.gov/programs/wq/303d/2008/.Information is also available by contacting Ecology's Federal Permit staff. 3. Notification. For projects or activities that will require Individual 401 review,applicants must provide Ecology with the same documentation provided to the Corps(as described in Corps Nationwide Permit General Condition 31,Pre-Construction Notification), including,when applicable;. (a) A description of the project, including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,and any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Note: Wetland rating forms are available on Ecology's Wetlands website: http://wwwecy.wa.gov/progranis/secilwetlands/ratingsystems or by contacting Ecology's Federal Permit staff. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in.Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publications#06-06- 011a and#06-06-011b). (d) Coastal Zone Management Program"Certification of Consistency" Form if the project is located within a coastal county(Clallam, Grays Harbor, Island,Jefferson,King, Kitsap,Mason,Pacific, Pierce, San Juan, Skagit, Snohomish,Thurston,Wahkiakum,and Whatcom counties). Note: CZM Certification of Consistency forms are available on Ecology's Federal Permit website: http://www.ecy.wa.gov/progyains/sea/fed-permit/index.html or by contacting Ecology's Federal Permit staff (e) Other applicable requirements of Corps Nationwide Permit General Condition 31, Corps Regional Conditions,or notification conditions of the applicable NWP. Note:Ecology has 180 days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program to issue a WQC and CZMconsistency determination response. If more than I80 days pass after Ecology's receipt of these documents,your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to 15 Page 55 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1): (a)Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publications#04-06-025 and#04-06-015): • Estuarine wetlands • Natural Heritage wetlands • Bogs Old-growth and mature forested wetlands • Wetlands in coastal lagoons • Interdunal wetlands • Vernal pools • Alkali wetlands (b)Fens, aspen-dominated wetlands,camas prairie wetlands,and marine water with eelgrass(Zostera marina)beds(except for NWP 48). (c)Category 1 wetlands (d)Category II wetlands with a habitat score 2 29 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20 -Response Operations for Oil and Hazardous Substances MVP 32-Completed Enforcement Actions 5. Mitigation. For projects requiring Individual 401 review, adequate compensatory mitigation must be provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. (a) Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publications#06-06- 01 la and#06-06-011b)and shall,at a minimum,include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded) iii. The rationale for the mitigation site that was selected iv. The goals and objectives of the compensatory mitigation project v. How the mitigation project will be accomplished, including construction sequencing,best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths Page i i of 83 CONTRACT 13-016-TRN-002 EXHIBIT C vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub- shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Ecology Publication#06-06-01 lb)for guidance on developing mitigation plans. Ecology encourages the use of alternative mitigation approaches,including advance mitigation and other programmatic approaches such as mitigation banks and programmatic mitigation areas at the local level. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person.(see http:l/www.ecy.wa.gov/programs/sealwetlandss/contacts_htm) Information on the state wetland mitigation banking program is available on Ecology's website: http://www.ecy.wa.gov/programs/sea/wetlands/mitigation/banking/index.html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction,Access, and Dewatering 7. Stormwater discharge pollution prevention:All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the state.For land disturbances during construction,the perm ittee must obtain and implement permits where required and follow Ecology's current stoiinwater manual. Note:Stormwater permit information is available at Ecology's Water Quality website: http://www_ecy.wa.gov/programs/wg/stornmater/index.html.Ecology's Stormwater Management and Design Manuals are available at: http://wwwecy.wa.gov/program.s/wq/rormwater/municipal/Strinwt7Man.html_ Information is also available by contacting Ecology's Federal Permit staff. 8. State Certification for PCNs not receiving 45-day response.In the event the U.S.Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days,the applicant must contact Ecology for Individual 401 review. F. STATE 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Permittee must meet Ecology 401 General Conditions. 1. Individual 401 Certification is required for new,or expansion of existing,bank stabilization in marine and estuarine waters of Puget Sound. 2. Individual 401 review is required for projects or activities authorized under this NWP if: a. The project or activity is greater than 500 feet in length. b. The project or activity has not been designed and stamped by a Professional Engineer or Engineering Geologist. 17 Page 57 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C c. The project or activity exceeds an average of one cubic yard per running foot below the Ordinary High Water Mark or High Tide Line. d. The project or activity involves discharges of dredged or fill material into special aquatic sites. G. EPA 401 CERTIFICATION GENERAL CONDITIONS: A.Any activities in the following types of wetlands and waters of the United States will need to apply for an individual 401 certification: Mature forested wetlands,bogs,bog-like wetlands,wetlands in dunal systems along the Washington coast, coastal lagoons,vernal pools,aspen-dominated wetlands,alkali wetlands, camas prairie wetlands, estuarine wetlands,including salt marshes,and marine waters with eelgrass or kelp beds. B.A 401 certification detennination is based on the project or activity meeting established turbidity levels.The EPA will be using as guidance the state of Washington's water quality standards [WAC 173- 201a] and sediment quality standards [WAC 173-204].Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. The water quality standards allow for short-terra turbidity exceedances after all necessary Best Management Practices have been implemented(e.g.,properly placed and maintained filter fences,hay bales and/or other erosion control devices,adequate detention of runoff to prevent turbid water from flowing off-site,providing a vegetated buffer between the activity and open water,etc.), and only up to the following limits: Wetted Stream Width at Discharge Point Approximate Downstream Point for Determining Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet LAKE,POND,RESERVOIR Lesser of 100 feet or maximum surface dimension C.401 certification of projects and activities under NWPs will use Washington State Department of Ecology's most recent stormwater manual or an EPA approved equivalent manual as guidance in meeting water quality standards. D.For projects and activities requiring coverage under an NPDES permit,certification is based on compliance with the requirements of that permit. Projects and activities not in compliance with NPDES requirements will require individual 401certification. E.Individual 401certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies(the 303(d)List)and the discharge may result in further exceedanee of a specific parameter the waterbody is listed for.The EPA shall make this determination on a case-by-case basis. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load(TMDL)or an approved water quality management plan,the Page A of 83 CONTRACT 13-016-TRN-002 EXHIBIT C applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedance of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved TMDL,the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL.The current list of 3 03(d)-listed waterbodies in Washington State will be consulted in making this determination and is available on Ecology's web site at: www.ecy.wa.gov/programs/wq/3 03 d/2012/index.html • The EPA may issue 401 certification for projects or activities that would result in further exceedance or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairmnent in the waterbody. This determination would be made during individual 401 certification review. F. For projects requiring individual 401 certification,applicants must provide the EPA with the same documentation provided to the Corps,(as described in Corps'National General Condition 31,Pre- Construction Notification),including,when applicable: (a) A description of the project, including site plans,project purpose, direct and indirect adverse environmental effects the project would cause,any other U.S.Department of the Army permits used or intended to use to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. (d) Other applicable requirements of Corps National General Condition 31,Corps Regional Conditions, or notification conditions of the applicable NWP. A request for individual 401 certification-review is not complete until the EPA receives the applicable documents noted above and the EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G.No activity,including structures and work in navigable waters of the United States or discharges of dredged or fill material,may consist of unsuitable material(e.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 Clean Water Act). H.An individual 401 certification is based on adequate compensatory mitigation being provided for aquatic resource and other water quality-related impacts of projects or activities authorized under the NWP Program. A 401 certification is contingent upon written approval from the EPA of the compensatory mitigation plan for projects and activities resulting in any of the following: ▪ impacts to any aquatic resources requiring special protection(as defined in EPA General Condition A or Corps General Regional Condition 1) • any impacts to tidal waters or non-tidal waters adjacent to tidal waters(applies to NWP 14) 19 Page 59 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C • Or, any impacts to aquatic resources greater than acre. Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2(Ecology Publication#06-06-011a and#06-06-011b)and shall, at a minimum, include the following: (1) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. (2)The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (3)The rationale for the mitigation site that was selected (4)The goals and objectives of the compensatory mitigation project (5)How the mitigation project will be accomplished,including proposed performance standards for measuring success(including meeting planting success standard of 80 percent survival after five years),evidence for hydrology at the mitigation site,and the proposed buffer widths; (6)How it will be maintained and monitored to assess progress towards goals and objectives. (7)Completion and submittal of an"as-built conditions report"upon completion of grading, planting and hydrology establishment at the mitigation site; (8) Completion and submittal of monitoring reports at years 3 and 5 showing the results of monitoring for hydrology,vegetation types,and aerial cover of vegetation. (9)For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (10)Documentation of legal site protection mechanism(covenant or deed restriction)to show how the compensatory mitigation site will be legally protected for the long-term. I.An individual 401 certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days.The 90 day period begins when filling activity starts in the wetland or other waterbody. J.An individual 401 is required for any proposed project or activity in waterbodies on the most current list of the following Designated Critical Resource Waters(per Corps General Condition 22). K. An individual 401 certification is required for any proposed project that would increase permanent, above-grade fill within the 100-year floodplain(including the floodway and the flood fringe). [Note:The 100-year floodplain is defined as those areas identified as Zones A,Al-30,AE,AH, AO,A99,V,V 1-30, and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps, or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval,or as the flood with an exceedance probability of 0.01] H. EPA 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP:P: Denied. Individual 401 certification is required. I. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: Concur,subject to the following condition:When individual 401 review is triggered, a CZM Certificate of Consistency form must be submitted for project located within the 15 coastal counties(See State General 401 Condition 3 (Notification)). Page Ejb of 83 CONTRACT 13-016-TRN-002 EXHIBIT C iAk i! NATION- �_�-_-Ei PERMIT' _ T 27 611 Ar my rmy Corps of US Engineers c Terms and Conditions Seattle District %"'�wyp^' Effective Date:June 15,2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met,as applicable,for a Nationwide Permit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27_Aquatic Habitat Restoration,Establishment,and Enhancement Activities.Activities in waters of the United States associated with the restoration, enhancement,and establishment of tidal and non-tidal wetlands and riparian areas,the restoration and enhancement of non-tidal streams and other non-tidal open waters,and the rehabilitation or enhancement of tidal streams,tidal wetlands,and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include,but are not limited to:the removal of accumulated sediments;the installation,removal,and maintenance of small water control structures,dikes,and beaus,as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms,are removed;the installation of current deflectors;the enhancement,restoration, or establishment of riffle and pool stream structure;the placement of in-stream habitat structures;modifications of the stream bed and/or banks to restore or establish stream meanders;the backfilling of artificial channels;the removal of existing drainage structures, such as drain tiles,and the filling,blocking,or reshaping of drainage ditches to restore wetland hydrology;the installation of structures or fills necessary to establish or re-establish wetland or stream hydrology;the construction of small nesting islands;the construction of open water areas;the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation,including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed;re-establishment of tidal wetlands in tidal waters where those wetlands previously existed;mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities.Only native plant species should be planted at the site. This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non-tidal waters on the project site,this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type(e.g., stream to wetland or vice versa)or uplands.Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic Page 61 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C habitat type. This NWP does not authorize stream channelization.This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters,including tidal wetlands,to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion.For enhancement,restoration, and establishment activities conducted: (I)In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement,or a wetland establishment agreement,between the landowner and the U.S.Fish and Wildlife Service(FWS),the Natural Resources Conservation Service(NRCS),the Farm Service Agency(FSA), the National Marine Fisheries Service(NMFS),the National Ocean Service(NOS),U.S.Forest Service (USFS), or their designated state cooperating agencies;(2)as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards;or(3)on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement(OSMRE) or the applicable state agency,this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use(i.e.,prior to the restoration,enhancement, or establishment activities).The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS,NRCS,FSA,NMFS,NOS,USFS,or an appropriate state cooperating agency.This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored,enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS,FSA, FWS,or their designated state cooperating agencies(even though the restoration,enhancement,or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit,and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit.Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition.Once an area has reverted to its prior physical condition,it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time.The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions.Except for the activities described above,this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition.In such cases a separate permit would be required for any reversion. Reporting.For those activities that do not require pre-construction notification,the permittee must submit to the district engineer a copy of. (1)The binding stream enhancement or restoration agreement or wetland enhancement,restoration, or establishment agreement, or a project description, including project plans and location map;(2)the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or(3)the SMCRA permit issued by OSMRE or the applicable state agency.The report must also include information on baseline ecological conditions on the project site,such as a delineation of wetlands,streams, and/or other aquatic habitats. These documents must be submitted to the district engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification: The pennittee must submit a pre-construction notification to the district engineer prior to commencing any activity(see general condition 31),except for the following activities: (1)Activities conducted on non-Federal public lands and private lands,in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, Page 622 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C restoration,or establishment agreement between the landowner and the U.S.FWS,NRCS,FSA,NMFS, NOS,USFS or their designated state cooperating agencies; (2)Voluntary stream or wetland restoration or enhancement action,or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards;or (3)The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However,the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects,including mitigation banks and in-lieu fee projects.However,this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition,since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs Note: To qualify for NWP authorization,the prospective permittee must comply with the following general conditions,as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer.Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP.Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs,or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR§330.1 through 330.6 apply to every NWP authorization.Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any MVP authorization. 1.Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S.Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The permittee understands and agrees that, if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized,or if, in the opinion of the Secretary of the Army or his authorized representative,said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers,to remove, relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation, fill, or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas.Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 3 Page 63 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash, debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see Section 307 of the Clean Water Act). • 7.Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments.If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows.To the maximum extent practicable,the pre-construction course, condition,capacity,and location of open waters must be maintained for each activity, including stream channelization and storm water management activities,except as provided below.The activity must be constructed to withstand expected high flows.The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows.The activity may alter the pre-construction course,condition,capacity,and location of open waters if it benefits the aquatic environment(e.g., stream restoration or relocation activities). 10.Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment.Heavy equipment working in wetlands or mudflats must be placed on mats,or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow. 13. Removal of Temporary Fills.Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations.The affected areas must be revegetated, as appropriate. 14.Proper Maintenance_Any authorized structure or fill shall be properly maintained,including maintenance to ensure public safety and compliance with applicable NWP general conditions,as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project.The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers.No activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not Page 644 of 83 CONTRACT 13-01 6-TRN-002 EXHIBIT C adversely affect the Wild and Scenic River designation or study status.Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g.,National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). 17.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. 18.Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which 'may affect"a listed species or critical habitat,unless Section 7 consultation addressing the effects of the proposed activity has been completed, (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project,or if the project is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre- construction notification.In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect"on listed species or critical habitat,or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the N WPs. (e)Authorization of an activity by a NWP does not authorize the"take" of a threatened or endangered species as defined under the ESA.In the absence of separate authorization(e.g.,an ESA Section 10 Permit, a Biological Opinion with"incidental take"provisions,etc.)from the U.S.FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where"take"means to harass,harm,pursue,hunt, shoot,wound,kill,trap, capture, or collect, or to attempt to engage in any such conduct. The word"harm" in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding,feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S.FWS and NMFS or their world wide web pages at http://www.fws.gov/or httpJ/www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. 5 Page 65 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 19. Migratory Birds and Bald and Golden Eagles.The permittee is responsible for obtaining any"take" permits required under the U.S.Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act.The permittee should contact the appropriate local office of the U.S.Fish and Wildlife Service to determine if such"take"permits are required for a particular activity. 20.Historic Properties.(a)In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. (b)Federal pennittees should follow-their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act.Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c)Non-federaI permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on,determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer,as appropriate, and the National Register of Historic Places(see 33 CFR 330.4(g)).When reviewing pre-construction notifications,district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act.The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research, consultation,oral history interviews, sArnple field investigation,and field survey. Based on the information submitted and these efforts,the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties.Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether l',1IIPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR§800.3(a)). If NHPA section 106 consultation is required and will occur,the district engineer will notify the non-Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (e) Prospective pennittees should be aware that section 110k of the NHPA(16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it, allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO,appropriate Indian tribes if the Page 6t of 83 CONTRACT 13-016-TRN-002 EXHIBIT C undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic,cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed.The district engineer will initiate the Federal,Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of HistoricPlaces. 22.Designated Critical Resource Waters. Critical resource waters include,NOAA-managed marine sanctuaries and marine monuments, and National Estorarine Research Reserves.The district engineer may designate,after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance,such as outstanding national resource waters or state natural heritage sites.The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. {a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29,31,35, 39, 40,42,43,44,49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37, and 38,notification is required in accordance with general condition 31,for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23.Mitigation.The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent,to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing,rectifying,reducing, or compensating for resource losses)will be required to the extent necessary to ensure that the adverse effects to the aquatic. environment are minimal. (c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment.Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.(1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment,(2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,wetland restoration should be the first compensatory mitigation option considered. (3)If permittee-responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan.A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request,but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)-(14)must be Page g7 of 83 CONTRACT 13-010-TRN-002 EXHIBIT C approved by the district engineer before the permittee begins work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). • (4) If mitigation bank or in-lieu fee program credits are the proposed option,the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements(e.g.,resource type and amount to be provided as compensatory mitigation,site protection,ecological performance standards,monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation, such as stream rehabilitation,enhancement, or preservation,to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example,if an NWP has an acreage limit of 1/2-acre,it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However, compensatory mitigation can and should be used,as necessary,to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f)Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment,maintenance,and legal protection(e.g., conservation easements)of riparian areas next to open waters.In some cases,riparian areas may be the only compensatory mitigation required.Riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally, the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.If it is not possible to establish a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis.In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland Tosses. (g)Perrnittees may propose the use of mitigation banks,in-lieu fee programs, or separate permittee- responsible mitigation.For activities resulting in the loss of marine or estuarine resources,permittee- responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee.For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and,if required,its long-term management. (h)Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures.To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons.The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. Page .': of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 25.Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA Section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S.EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits.The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.For example,if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29.Transfer of Nationwide Permit Verifications.If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit, including any special conditions,will continue to be binding on the new owner(s)of the property. To validate.the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification.Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee-responsible mitigation,including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the peiuiittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized work was done in accordance with the NWP authorization, including any general,regional,or activity-specific conditions;(h)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the perrnittee secured the appropriate number and resource type of credits;and(c)The signature of the permittee certifying the completion of the work and mitigation. Page 6 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 31.Pre--Construction Notification. (a)Timing.Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and,if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general rule, district engineers will request additional information necessary to make the PCN complete only once.However,if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or(2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties,the pennittee cannot begin the activity until receiving written notification from the Corps that there is"no effect" on listed species or"no potential to cause effects"on historic properties, or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or Section 106 of the National Historic Preservation(see 33 CFR 330.4(g))has been completed.Also,work cannot begin under NWPs 21, 49,or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver.If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,the peimittee's right to proceed under the NWP may be modified, suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification;The PCN must be in writing and include the following information: (1)Name, address and telephone numbers of the prospective permittee; (2)Location of the proposed project;(3)A description of the proposed project;the project's purpose; direct and indirect adverse environmental effects the project would cause,including the anticipated amount of loss of water of the United States expected to result from the NWP activity,in acres, linear feet,or other appropriate unit of measure;any other NWP(s),regional general permit(s), or individual pennit(s)used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g.,a conceptual plan),but do not need to be detailed engineering plans); (4)The PCN must include a delineation of wetlands,other special aquatic sites,and other waters,such as lakes and ponds,and perennial, intermittent,and ephemeral streams,on the project site.Wetland delineations must be prepared in accordance with the current method required by the Corps.The per inittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation,especially if the project site is large or contains many waters of the United States.Fur-the€more,the 45 day period will not start until the delineation has been submitted to or completed by the Corps,as appropriate; (5)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. Page M of 83 CONTRACT 13-016-TRN-002 EXHIBIT C As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan.(6)If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat,for non-Federal applicants the PCN must include the natne(s)of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work.Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and(7)For an activity that may affect a historic property listed on,determined to be eligible for listing on, or potentially eligible for listing on,the National Register of Historic Places,for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property.Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act (c)Form of Pre-Construction Notification:The standard individual permit application form (Form ENG 4345)may be used,but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs(b)(1)through(7)of this general condition.A letter containing the required information may also be used. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2- acre of waters of the United States,for NWP 21,29,39,40,42,43,44,50, 51,and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed,and for all NWP 48 activities that require pre-construction notification,the district engineer will immediately provide(e.g., via e-mail,facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices(U.S.FWS,state natural resource or water quality agency,EPA, State Historic Preservation Officer(SHPO) or Tribal Historic Preservation Office(THPO),and, if appropriate,the NMFS). With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs,including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal.The district engineer will provide no response to the resource agency,except as provided below.The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies' concerns were considered.For NWP 37,the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended, or revoked in accordance with the procedures at 33 CFR 330.5.(3)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre- constructi on notifications to expedite agency coordination. District Engineer's Decision, I_In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project,this determination 11 Page /1 of 83 CONTRACT 13-01 6-TRN-002 EXHIBIT C will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s),as well as the cumulative effects caused by all of the crossings authorized by NWP.If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13,21, 29, 36, 39, 40,42,43, 44, 50, 51 or 52,the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors,such as the environmental setting in the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or • magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity(e.g..,partial or complete loss),the duration of the adverse effects(temporary or permanent),the importance of the aquatic resource functions to the region (e.g.,watershed or ecoregion),and mitigation required by the district engineer.If an appropriate functional assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse effects determination_The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns. 2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN.Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal.The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation,the district engineer will notify the permitter and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k).The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation.If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan.The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment.If the net adverse effects of the project on the aquatic environment(after consideration of the compensatory mitigation proposal) are deteiurined by the district engineer to be minimal,the district engineer will provide a timely written response to the applicant.The response will state that the project can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 3.If the district engineer determines that the adverse effects of the proposed work are more than minimal,then the district engineer will notify the applicant either: (a)That the project does not qualify for authorization under the NW? and instruct the applicant on the procedures to seek authorization under an individual permit; (b)that the project is authorized under the NW? subject to the applicant's submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level;or(c)that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer detet mines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment,the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements.The authorization will include the Page of 83 CONTRACT 13-016-TRN-002 EXHIBIT C necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information 1.District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2.NWPs do not obviate the need to obtain other federal, state,or local permits,approvals,or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS 1. Aquatic Resources Requiring Special Protection. Activities resulting in a loss of waters of the United States in a mature forested wetland,bog, bog-like wetland,aspen-dominated wetland,alkali wetland, wetlands in a dunal system along the Washington coast,vernal pools,camas prairie wetlands, estuarine wetlands,and wetlands in coastal lagoons cannot be authorized by a NWP,except by the following NWPs: NWP 3 —Maintenance NWP 20—Oil Spill Cleanup NWP 32 --Completed Enforcement Actions NWP 38 Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection,you must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre-Construction Notification)and obtain written approval before commencing work. 2. Commencement Bay. The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area(see Figure 1 at www.nws.usace.army.mil,select Regulatory Permits then Permit Guidebook,then Nationwide Permits)requiring Department of the Army authorization: NWP 12—Utility Line Activities(substations) NWP 13 —Bank Stabilization NWP 14—Linear Transportation Projects NWP 23 ---Approved Categorical Exclusions NWP 29--Residential Developments NWP 39—Commercial and Institutional Developments NWP 40—Agricultural Activities NWP 41 - Reshaping Existing Drainage Ditches NWP 42—Recreational Facilities NWP 43 Stormwater Management Facilities 3.New Bank Stabilization.ProhibitionAreas in Tidal Waters of Puget Sound.Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas(WRIAs) 8, 9, 10, 11, and 12(within 13 Page 73 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C the specific area identified on Figure 2 at www_nws.usace.army_mil, select Regulatory Permits then Permit Guidebook,then Nationwide Permits)cannot be authorized by a NWP. 4. Bank Stabilization. Any project including new or maintenance bank stabilization activities requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification. This requirement does not apply to maintenance work exempt by 33 CFR 323.4(a)(2). Each notification must also include the following information: a.Need for the work,including the cause of the erosion and the threat posed to structures, infrastructure,and/or public safety. The notification must also include a justification for the need to place fill or structures waterward of the line of the Corps'jurisdiction(typically,the ordinary high water mark or mean higher high water mark). b. Current and expected post-project sediment movement and deposition patterns in and near the project area. In tidal waters, describe the location and size of the nearest bluff sediment sources (feeder bluffs)to the project area and current and expected post-project nearshore drift patterns in the project area. c.Current and expected post-project habitat conditions,including the presence of fish,wildlife and plant species, submerged aquatic vegetation, spawning habitat,and special aquatic sites(e.g.,vegetated shallows,riffle and pool complexes, or rnudflats)in the project area. d.In rivers and streams,an assessment of the likely impact of the proposed work on upstream, . downstream and cross-stream properties(at a minimum the area assessed should extend from the nearest upstream bend to the nearest downstream bend of the watercourse). Discuss the methodology used for determining effects. The Corps reserves the right to request an increase in the reach assessment area to fully address the relevant ecological reach and associated habitat. e.For new bank stabilization activities in rivers and streams, describe the type and length of existing bank stabilization within 300 feet up and downstream of the project area.In tidal areas,describe the type and length of existing bank stabilization within 300 feet along the shoreline on both sides of the project area. f.Demonstrate the proposed project incorporates the least environmentally damaging practicable bank protection methods.These methods include, but are not limited to,the use of bioengineering, biotechrzical design,root wads,large woody material,native plantings,and beach nourishment in certain circumstances. If rock must be used due to site erosion conditions, explain how the bank stabilization structure incorporates elements beneficial to fish. If the Corps determines you have not incorporated the least environmentally damaging practicable bank protection methods and/or have not fully compensated for impacts to aquatic resources,you must submit a compensatory mitigation plan to compensate for impacts to aquatic resources. g. A planting plan using native riparian plant species unless the applicant demonstrates a planting plan is not appropriate or not practicable. 5. Crossings of Waters of the United States. Any project including installing,replacing,or modifying crossings of waters of the United States, such as culverts,requires pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 for Pre-Construction Notification, This requirement does not apply to maintenance work exempt by 33 CFR 323.4 (a)(2). Each notification must also include the following information: Page of 83 CONTRACT 13-01G-TRN-002 EXHIBIT C a.Need for the crossing. • b. Crossing design criteria and design methodology. c. Rationale behind using the specific design method for the crossing. 6. Cultural Resources and Human Burials.-Permittees must immediately stop work and notify the District Engineer within 24 hours if,during the course of conducting authorized work,human burials, cultural resources, or historic properties, as identified by the National Historic Preservation Act,are discovered. Failure to stop work in the area of discovery until the Corps can comply with the provisions of 33 CFR 325 Appendix C,the National Historic Preservation Act, and other pertinent laws and regulations could result in a violation of state and federal laws.Violators are subject to civil and criminal penalties. 7. Essential Fish Habitat. An activity which may adversely affect essential fish habitat,as identified under the Magnuson-Stevens Fishery Conservation and Management Act(MSA),may not be authorized by NWP until essential fish habitat requirements have been met by the applicant and the Corps. Non- federal permittees shall notify the District Engineer if essential fish habitat may be affected by, or is in the vicinity of, a proposed activity and shall not begin work until notified by the District Engineer that the requirements of the essential fish habitat provisions of the MSA have been satisfied and the activity is authorized. The notification must identify the type(s)of essential fish habitat(e.g.,Pacific salmon, groundfish, and/or coastal-pelagic species)managed by a Fishery Management Plan that may be affected. Information about essential fish habitat is available at www.nwr.noaa.gov/. 8. Vegetation Protection and Restoration. Permittees must clearly mark all construction area boundaries before beginning work. The removal of native vegetation in riparian areas and wetlands, and the removal of submerged aquatic vegetation in estuarine and tidal areas must be avoided and minimized to the maximum extent practicable. Areas subject to temporary vegetation removal shall be replanted with appropriate native species by the end of the first planting season following the disturbance except as waived by the District Engineer.If an aquaculture area is permitted to impact submerged aquatic vegetation under NWP 48,the aquaculture area does not need to be replanted with submerged aquatic vegetation. 9. Access.You must allow representatives of this office to inspect the authorized activity at any time deemed necessary to ensure the work is being,or has been,accomplished in accordance with the terms and conditions of your permit. 10. Contractor Notification of Permit Requirements.The permittee must provide a copy of the • nationwide peiutit verification letter,conditions,and permit drawings to all contractors involved with the authorized work,prior to the commencement of any work in waters of the U.S. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP 1. For projects subject to pre-construction notification,the notification must explain why the loss is necessary and show how it would be fully offset by the beneficial impacts of the project. The notification must describe pre-project site conditions(including photographs), general wetland and other aquatic functions the site provides,benefits anticipated from project construction,and proposed maintenance and monitoring plans. 2. The permittee must submit a pre-construction notification to the District Engineer in accordance with Nationwide Permit General Condition 31 (Pre-Construction Notification)for any proposed project located 15 Page 75 of 83 CONTRACT 1 3-01 6-TRN-002 EXHIBIT C in a Depaitnrent of the Army permit compensatory mitigation site,Comprehensive Environmental Response, Compensation and Liability Act(Superfund) site,Resource Conservation and Recovery Act hazardous waste clean-up site,or Washington State Model Toxics Control Act clean-up site. E. STATE 401 CERTIFICATION GENERAL CONDITIONS: 1. For in-water construction activities. Individual 401 review is required for projects or activities authorized under NWPs that will cause,or be likely to cause or contribute to an exceedence of a State water quality standard(WAC 173-201A)or sediment management stand-ard(WAC 173-204). Note:State water quality standards are posted on Ecology's website: http://www.ecy.wa.gov/programs/wq/swgsf. Click "Surface Water Criteria"for freshwater and marine water standards. Sediment management standards are posted on Ecology's website.: http://wwwecy.wa_gov/biblio/wacl 73204.html Information is also available by contacting Ecology's Federal Permit staff. 2. Projects or Activities Discharging to Impaired Waters_ Individual 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d)listed segment of a waterbody or upstream of a listed segment and may result in further exceedences of the specific listed parameter. Note: To determine if your project or activity is in a 303(d)listed segment of a waterbody, visit Ecology's Water Quality Assessment webpage for maps and search tools, http://www.ecy.wa_gov/programs/wq/303d/2008/.Information is also available by contacting Ecology's Federal Permit staff 3. Notification. For projects or activities that will require Individual 401 review,applicants must provide Ecology with the same documentation provided to the Corps(as described in Corps Nationwide Permit General Condition 31,Pre-Construction Notification), including,when applicable: (a) A description of the project,including site plans,project purpose, direct and indirect adverse environmental effects the project would cause, and any other Department of the Army permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include EcoIogy's Wetland Rating form.Wetland rating forms are subject to review and verification by Ecology staff. Note: Wetland rating forms are available on Ecology's Wetlands website: http://www.ecy.wa.gov/programs/sea/wetkmds/ratingsystems or by contacting Ecology's Federal Permit staff. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(Ecology Publications#06-06- 011 a and#06-06-01 lb). Page A of 83 CONTRACT 13-016-TRN-002 EXHIBIT C (d) Coastal Zone Management Program"Certification of Consistency"Form if the project is located within a coastal county(Clallam, Grays Harbor,Island,Jefferson,King,Kitsap,Mason,Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston,Wabkiakum,and Whatcom counties). Note: CZM Certification of Consistency forms are available on Ecology's Federal Permit website:http.11www.ecy.wa.gov/prograins/sea/fed-permit/index.html or by contacting Ecology's Federal Permit staff (e) Other applicable requirements of Corps Nationwide Permit General Condition 31, Corps Regional Conditions,or notification conditions of the applicable NWP. Note:Ecology has 180 days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for aproposed project or activity under the NW?Program to issue a WQC and CZM consistency determination response. If more than 180 days pass after Ecology's receipt of these documents,your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings. Individual 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Regional Condition 1): (a)Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publications#04-06-025 and#04-06-015): • Estuarine wetlands B Natural Heritage wetlands • Bogs • Old-growth and mature forested wetlands • Wetlands in coastal lagoons • Interdunal wetlands • Vernal pools • Alkali wetlands (b)Fens,aspen-dominated wetlands, camas prairie wetlands,and marine water with eelgrass(Zostera marina)beds(except for NWP 48). (c)Category I wetlands (d)Category H wetlands with a habitat score>29 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20---Response Operations for Oil and Hazardous Substances NWP 32—Completed Enforcement Actions 17 Page 77 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C 5. Mitigation. For projects requiring Individual 401 review, adequate compensatory mitigation must be provided for wetland and other water quality-related impacts of projects or activities authorized under the NWP Program. {a) Mitigation plans submitted for Ecology review and approval shall be based on the guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2 (Ecology Publications#06-06- 011a la and#06-06-01 lb)and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts{Le., acreage of wetlands and functions lost or degraded) iii. The rationale for the mitigation site that was selected iv. The goals and objectives of the compensatory mitigation project v. How the mitigation project will be accomplished,including construction sequencing,best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub- shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans (Ecology Publication#06-06-011 b)for guidance on developing mitigation plans. Ecology encourages the use of alternative mitigation approaches,including advance mitigation and other programmatic approaches such as mitigation banks and programmatic mitigation areas at the local level. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person.(see http://www.ecy.wa.gov/programs/sea/wetlands/contacts.htm) Information on the state wetland mitigation banking program is available on Ecology's svebsite: lrttp://www.ecy.wa.gov/programs/sealwetlands/mitigation/bankin g/index.html 6. Temporary Fills. Individual 401 review is required for any project or activity with temporary fill in wetlands or other waters of the State for more than 90 days,unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NTH 33, Temporary Construction,Access, and Dewatering 7. Stormwater discharge pollution prevention: All projects that involve land disturbance or impervious surfaces must implement prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the state.For land disturbances during construction,the permittee must obtain and implement permits where required and follow Ecology's current stormwater manual. Page A of 83 CONTRACT 13-016-TRN-002 EXHIBIT C Note:Stormwater permit information is available at Ecology's Water Quality website: http://www.ecy.wa_gov/programs/wq/storrnwater/index.html.Ecology's Stormwater Management and Design Manuals are available at: http://www.ecy.wa.gov/programs/wq/sormwater/municipal/StrrnwirMan.html. Information is also available by contacting Ecology's Federal Permit staff S. State Certification for PCNs not receiving 45-day response.In the event the U.S.Army Corps of Engineers does not respond to a complete pre-construction notification within 45 days,the applicant must contact Ecology for Individual 401 review. F. STA1'h 401 CERIE,ICATION SPECIFIC CONDITIONS FOR LIDS NWP:Certified subject to conditions. Permittee must meet Ecology 401 General Conditions. Individual 401 review is required for projects or activities authorized under this N WP if: 1. The project or activity involves fill in tidal waters. 2. The project or activity affects lh acre or more of wetlands. G. EPA 401 CERTIFICATION GENERAL CONDITIONS: A.Any activities in the following types of wetlands and waters of the United States will need to apply for an individual 401 certification: Mature forested wetlands,bogs,bog-like wetlands,wetlands in dunal systems along the Washington coast, coastal lagoons,vernal pools,aspen-dominated wetlands,alkali wetlands,camas prairie wetlands,estuarine wetlands,including salt marshes, and marine waters with eelgrass or kelp beds. B.A 401 certification determination is based on the project or activity meeting established turbidity levels.The EPA will be using as guidance the state of Washington's water quality standards [WAC 173- 20 la] and sediment quality standards [WAC 173-204].Projects or activities that are expected to exceed these levels or that do exceed these levels will require an individual 401 certification. The water quality standards allow for short-term turbidity exceedances after all necessary Best Management Practices have been implemented(e.g.,properly placed and maintained filter fences,hay bales and/or other erosion control devices,adequate detention of runoff to prevent turbid water from flowing off-site,providing a vegetated buffer between the activity and open water,etc.), and only up to the following limits: Wetted Stream Width.at Discharge Point Approximate Downstream Point for Determining Compliance _ Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet LAKE,POND,RESERVOIR Lesser of 100 feet or maximum surface dimension C.401 certification of projects and activities under NWPs will use Washington State Department of Ecology's most recent stonnwater manual or an EPA approved equivalent manual as guidance in meeting water quality standards. 19 Page 79 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C D. For projects and activities requiring coverage under an NPDES permit,certification is based on compliance with the requirements of that permit.Projects and activities not.in compliance with NPDES requirements will require individual 401certification_ E. Individual 401 certification is required for projects or activities authorized under NWPs if the project will discharge to a waterbody on the list of impaired waterbodies(the 303(d)List) and the discharge may result in further exceedance of a specific parameter the waterbody is listed for.The EPA shall make this determination on a case-by-case basis. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved Total Maximum Daily Load(TMDL)or an approved water quality management plan,the applicant must provide documentation for EPA approval showing that the discharge will not result in further exceedance of the listed contaminant or impairment. For projects or activities that will discharge to a 303(d)-listed waterbody that does not have an approved TMDL,the applicant must provide documentation for EPA approval showing that the discharge is within the limits established in the TMDL.The current Iist of 303(d)-listed waterbodies in Washington State will be consulted in making this detenninatiori and is available on Ecology's web site at: www.ecy_wa.gov/programs/wq/3 03 d/2012/index.httnl The EPA may issue 401 certification for projects or activities that would result in further exceedance or impairment if mitigation is provided that would result in a net decrease in listed contaminants or less impairment in the waterbody. This determination would be made during individual 401 certification review. F.For projects requiring individual 401 certification, applicants must provide the EPA with the same documentation provided to the Corps,(as described in Corps'National General Condition 31,Pre- Construction Notification),including,when applicable: (a) A description of the project, including site plans,project purpose, direct and indirect adverse environmental effects the project would cause, any other U.S.Department of the Army permits used or intended to use to authorize any part of the proposed project or any related activity. (b) Delineation of special aquatic sites and other waters of the United States. Wetland delineations must be prepared in accordance with the current method required by the Corps. (c) A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. (d) Other applicable requirements of Corps National General Condition 31,Corps Regional Conditions,or notification conditions of the applicable NWP_ A request for individual 401 certification-review is not complete until the EPA receives the applicable documents noted above and the EPA has received a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program. G.No activity, including structures and work in navigable waters of the United States or discharges of dredged or fill material,may consist of unsuitable material(e.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 Clean Water Act). Page d8 of 83 CONTRACT 13-016-TRN--002 EXHIBIT C H.An individual 401 certification is based on adequate compensatory mitigation being provided for aquatic resource and other water quality related impacts of projects or activities authorized under the NWP Program. A 401 certification is contingent upon written approval from the EPA of the compensatory mitigation plan for projects and activities resulting in any of the following: • impacts to any aquatic resources requiring special protection{as defined in EPA General Condition A or Corps General Regional Condition 1) • any impacts to tidal waters or non-tidal waters adjacent to tidal waters(applies to NWP 14) ® Or,any impacts to aquatic resources greater than %4 acre. Compensatory mitigation plans submitted to the EPA shall be based on the Joint Agency guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2(Ecology Publication#06-06-011 a an.d#06-06-011b) and shall,at a minimum, include the following: (1) A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S_ (2)The nature of the proposed impacts(i.e.,acreage of wetlands and functions lost or degraded) (3)The rationale for the mitigation site that was selected (4)The goals and objectives of the compensatory mitigation project (5)How the mitigation project will be accomplished,including proposed perfotinance standards for measuring success(including meeting planting success standard of 80 percent survival after five years),evidence for hydrology at the mitigation site, and the proposed buffer widths; (6)How it will be maintained and monitored to assess progress towards goals and objectives. (7)Completion and submittal of an"as-built conditions report"upon completion of grading, planting and hydrology establishment at the mitigation site; (8)Completion and submittal of monitoring reports at years 3 and 5 showing the results of monitoring for hydrology,vegetation types,and aerial cover of vegetation. (9)For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. (10)Documentation of legal site protection mechanism(covenant or deed restriction)to show how the compensatory mitigation site will be legally protected for the long-term. I.An individual 401 certification is required for any activity where temporary fill will remain in wetlands or other waterbodies for more than 90 days.The 90 day period begins when filling activity starts in the wetland or other waterbody. J.An individual 401 is required for any proposed project or activity in waterbodies on the most current list of the following Designated Critical Resource Waters(per Corps General Condition 22). K.An individual 401 certification is required for any proposed project that would increase permanent, above-grade fill within the 100-year floodplain(including the floodway and the flood fringe). • [Note: The 100-year floodplain is defined as those areas identified as Zones A,Al-30,AE,AH, AO,A99,V,V 1-3 0,and VE on the most current Federal Emergency Management Agency Flood Rate Insurance Maps,or areas identified as within the 100-year floodplain on applicable local Flood Management Program maps. The 100-year flood is also known as the flood with a 100-year recurrence interval,or as the flood with an exceedance probability of 0.01.] 21 Page 81 of 83 CONTRACT 13-016-TRN-002 EXHIBIT C IL EPA 401 CERTIFICATION SPECIFIC CONDITIONS FOR THIS NWP: Partially denied without prejudice. Peirnittee must meet EPA 401 General Conditions. An individual 401 review is required for projects authorized under this NWP if: 1. The project or activities impact greater than 1/2 acre,or 2. Any activity in tidal wetlands or waters, or 3. Any project that involves shellfish seeding activities. I. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: Concur subject to the following condition: When individual 401 review by Ecology is triggered,a CZM Certification of Consistency form must be submitted for projects located within the 15 coastal counties (see State General 401 Condition 3 (Notification)). Page of 83 CONTRACT 13-016-TRN-002 EXHIBIT C LpRPS aF �'E CERTIFICATE OF COMPLIANCE q�fi Us Army Corps WITH DEPARTMENT OF THE ARMY PPERMIT1m r of Engineers o Seattle District ears"0G Permit Number: NWS-2014-643 Name of Perrnittee: City of Anacortes-Mr.Matt Reynolds Date of Issuance: O 1 4 20(fit Upon completion of the activity authorized by this permit,please check the applicable boxes below, date and sign this certification,and return it to the following address: Department of the Army U.S.Army Corps of Engineers Seattle District,Regulatory Branch Post Offce.Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S.Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension,modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the I f terms and conditions of this permit. Date work complete: n Photographs and as-built drawings of the authorized work (OPTIONAL,unless required as a Special Condition of the permit). If applicable,the mitigation required(e.g., construction and plantings) in the above-referenced n permit has been completed in accordance with the terms and conditions of this permit(not including future monitoring). Date work complete: Photographs and as-built drawings of the mitigation(OPTIONAL,unless required as a Special Condition of the permit). Printed Name: Signature: Date: Page 83 of 83