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HomeMy WebLinkAbout5772AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3298 Declaring an Emergency to stabilize the East Park Storm Water Outfall Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: � I F N/A Emergency Item November 15, 2017 PW&U Ned Lever (360) 473-2398 SUMMARY: The East Park Outfall reconstruction project was completed in September of 2017. The work included removing beach armoring and placement of beach gravels to restore the beach. Recent rains have caused significant erosion which is jeopardizing an existing sewer main and the storm water outfall itself. Public Works has applied for emergency permits from the Army Corps of Engineers, WDFW, and the DNR. This Resolution declares the emergency conditions, and authorizes the Mayor and the Mayor's designee to execute the necessary contracts to expedite the stabilization of the beach and protect the sewer main and storm water outfall. ATTACHMENTS: 1) Resolution No. 3298 2) Photos FISCAL IMPACTS (Include Budgeted Amount): The East Park Storm Water Outfall Project is included in the 2017 Capital Budget and sufficient budget is available to fund this emergency -work.. - Future reimbursement of costs associated with continuing work at this outfall will be considered. STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3298 declaring an Emergency to stabilize the.East Park Storm Water Outfall COUNCIL ACTION: (Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action PUBLIC WORKSAGREEMENT THIS AGREEMENT, is entered into between. the City of'Bremerton, a Washington Municipal Corporation ("City"'), and Sjil.sclhi lims. hicl., ("Contractor"), who's mailing address is 1.110 Box 11111­11�1­­­ .......... . . . . ............... ............................ 68697, Seattle WA 98 168 0697., The parties agree as follows: 1. ('ONTRACTO.R SERVICES. 'Ihe Contractor shall perform the following services for the City: Place rock. to stabilize the beach. and prevent further beach erosion below the East :Park� Stormwater Outfa.11 as shown on the attached figure in. Appendix.E.. The work: shall be don. e in compliance with. any permits attached to this contract., All work: shall be tracked asForce .Account in accordance with WSDo,r 201.6 Standard Specifications section 1. -09.6. 2. TIME OF COMPI..,ETION. Contractor shall complete the work: within 30 caleridar days from the date of issuuarnce of the City's Notice to.proceed, 3. (::'OCPE S ".riON. The City shall pay the Contractor an arriount -not to -exceed $120,000, which includes any applicable Washingtor.i. State Sales Tax, for the wor1c and services contemelated in this agreement. 'I'lie Contractor shall invoice the City up on. completion of the wank., I'he City willPay for the portion of.the work. described in the invoice that has been completed by the Contractor and a.l.-Troved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Perforni,,jio-cc aiid_ _L_�Yy 1� tie"p! ljorid. Pursuant to Chapter 39.08 RCW, the " - J IIII-1111— Conp tractor shall. provide the City performance and payment bonds for the full contract amount to be in efficet until forty...five (45) days after th.e date of final acce.13tance, or until receipt of all necessary releases from the State Department of Revenue, Employment Security Department and the State DepartmeDt Of L.abor and..Industries and until. settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The bond forms are included. at the end of this contract and shall. be filled out and submitted. to the City. & Force Account Contract., All. work. shall be tracked and paid as fiorce account ......................... .......... . ............................ . . . . . .................. (time .and materials). Reflerence WSDOT 2016 Standard Specifications Section 1-09.6 (Force Account) for terms and requirements forforce account work.. Markups for overhead, profit, bonding, insurance,B&O tax and other related expenses as described in that section shall be as follows: Labor 25% E.quiprnerit and Malerials 20% Services 201Yo Subcomractor 10% lic,forc commencing with any Ivo flc.,a.divity, the Own(,;r and C,ontractor inusl agree in. w6ting to what labor and eqwiiprnent shall be used for tha.t activity. Elxtra �abor and cqidprnent utilized by 1he Contractor in execss oftfie writtm Public Works Agreement (p(auqe I of 11) h tva Park Slormwater Ou�fiffl Emergency Beach R(pair (between (11 ify (?f'lits .°merfon and,)c'arse11a Bros. Jnc) Novrmher 2017 agreement shall. be at the Contractor's discretion and costs shall be borne by the Contractor, All labor, equipment, and material quantities shaH be tracked on as daily basis and mutually agreed upon at the end of each work: day, The labor, equipment, and materials shall be tracked on. as form to be agreed upon by both the City and Contractor., A representative from each party shall. sign the form, ack.nowledgin.g agreei.nent of quantities, within 24 hours of the end ofeacli day ww hen. the work was perfi)rmed. Copies ofactual in.voices for all materials and rental equipment, and certified payrolls and tim.esheets of all. employees working on the project, shall be submitted to the City with any' payment request,. C. pia lajpt'The City shall hold back as retainage in the ainount of five percent (5%) ofany anid all. payTxiierits inade to contractor flor an. period of ftnty- we (45) days after the date of final accepUin.ce,, or until receipt of all necessary releases ftorn the State Det:)artment of Revenue and the State Department of 1-abor & Industries and untit settlement of any, hems filed under Chapter 60.28 R.CW, whichever is later. D, Defective or Unauth.orized Work. The City reserves its right to withhold - - . . ................ . . ................... . ......... -- -- ---------- payment from ontractor for any defective or unauthorized work.. Defective or unauthorized work includes, without.1ii.nitati.orv: workkand tnaterials that do not corifon.-ii to the requirements of this ag-eement" and extra. woric and materials furnished without the City's written approval, If Contractor is unable, for any reason., to satisfactorily coi.riplete any' portion of the work., the City, may corriplete the ww ork. by contract or otherwise, and (...",ontractor shalt be liable to the City for any additional, costs incurred. by the City.. "Add.itiOnat costs" shall mean. all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum. Contract price specified above. The City further reserves its right to deduct the cost. to complete the Contract work..,, including any Additional Costs, frorn. any and all arnOUX.Its due or to become Dane the Contractor. E. F. iLaLPa nienL Waiver rrf Claims, THEMAKING OF FTNALPAYMENT (EXCLUDING wr'rHHEL.DR.E-rAE114AGE) SHALL PREC1,1 JDE AI,f., CLAfMS, EXCEP"r THOSE PREVIOUS.I.X AND PROPERLY MADE AND IDENTIFIED 13Y (.."OS D.'RAC""TODS AS UNSET'rl...,ED AT THE TIME REQUEST FOR FINAL, PAYMENT IS MADE,, 4. I.NDEPENI)ENI'(,'ON'TR..ACI'OR.. lontractor is and shall be at all dirnes actilag as an independent contractor and not as an employee of the City. 1'he Contractor shall secure at its expense, and shall. be responsible for all I.-Myrnents ofincorne tax, social security, state disability hisurance cornl:)erisation, unemployment compensation., and all other payrolp deductions for the Contractor, officer, agents, employees and sub-coritractors. The Contractor shall also secure all. applicable business ficanses, if required, iur connection with the contract services, including all reqLlired licenses for Contractor's officers, agents, employees and sub -contractors. 5. Tbe City rinay lerininate tliis agreement 66j, good cause, ",(iood cause" shall iriclude, withoul hrnitallion, any one or rnore ofthe f6l1owing events - Public Works Agreement (I)qqe 2 of'11) 1, ast Park Storm water Ou(lall Emergency Beach Repair I (between Citi ql'Bremprion andScarvella Bros. [no November 2017 A rhe Contractor"s refusal 01- f.ailUre to supply a sufficient number of properly sh.illed workers or proper materials for completion of the Contract work. Bl The Cntractor's failure to cornplete the work within the time speciFied in this agreement. C, The Contractor's failure tornake full and prompt payn,.ient to subcontractors or for material or labor, U The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E., rhe Contractor's fifing for bankruptcy or becoming adjudged bankrupt., If the ( lity temiinates this agreement for good cause, the Contractor shall not receive any ffirther monies due under this ap greement until the Contract work is completed. 6. PREVA-11ANG WAGES. Contractor shall file a "'Statement of' Intent to Pay Prevailing Wages," with the State of Washington Department of L.,abor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised. Code of Washington., as well as ally other applicable prevailing wage rate provision.s. The Kitsap County prevailing wage rates in effect for t.h.is contract are attached. as Appendix A. 7 CHANGES. The City may issue a written work change directive for arly change in the Contract workkduring the perfo.rmance of this agreement. If the Contractor determines, for any reason, that a change order is necessary,, Contractor must submit a written change orderrequest to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change., If the City deterinines that the change increases or decreases the Contractor's costs or time for performance, the City, will make an equitable adjustmerlit, 17he City will attempt, in good faith, toreach agreement with the Contractor on. all equitable adjustments, However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate, The Contractor shall proceed with the change order work upon. receiving a written work.. change directive or change order from the City. IftheContractor fails to rrequire a change order within the tune allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion. of the contract work., If the Contractor disagrees with. the e(luitable adjustment the Contractor must complete the change order worlc.,- however, the Contractor may elect to protest the adjustment as provided below: A., Procedure �,,ind ProfcM by Ole Corfln'xtor. If the Contractor disagrees with anything required by a work: change directive or change order, including ally direction, instruction, interpretation, or determination by the City, the Contractor shall: hrriniediately give as sgned written nollice of'prollest to the Oty�" 2. Supplemcnt the written protest within finirteen (h `y calendar days with a. written statement thal providcp ; the fbIlowing infbrmafion Public Work,,; Ag ,reement (pqf1e 3 ol 11) kad Park Slormwater Ou(IWI h'mergengl Beach Repair (belmleen Cify (#'Bremerlon and Scarsella Bros, Am) November 2017 a. T he date of the Contract's protest. b. The nature and CirCU.Mstances that caUsed the protest. C. 'rh.e provisions in this agreement that support the protest. d. The estirnated dollar cost, if any, of the protested work and how that estimate was deten-nin.ed. e. An analysis of the progress schedule showing the schedule change or disrUption if the Coritractor is asserting as schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as as result of the protested work.... The ity shall have access to any of the Contractor"s records needed for evaluating the protest. 1 The (...ity will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid,, the City will ad: ust payi.nent for work.. or time by an. equitable adjustment, No a4justinent will be made fior an. invalid protest, I K Contractor's DUtY 10 Coinp(�j�, Prolested Work. In spite of any protest, tile Contractor shall proceed. promptly with the work.. as the City has ordered, Contractor's Atang:,� ot'Cl--RI nu es. The Contractor accepts all. requirements E4- - of as change order by: (1) endorsing it, (2) writing as separate acceptance, or (3) not protesting in the way this section provides. A change order that as accepted by Contractor as provided in this section. shall constitute full payrnentnand final settlement of all claims for contract time and for direct, indirect arad consequential costs, including costs of delays related to any work, either covered or affected by the change, 1). Failure to Protest Constitutes Waiv ' er '„ By not protesting as this section provides,, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instruefions, interpretations, and determination). Failure to Follow ProceduresConstitutes Waiver, By failing to follow the - — ------------- procedures of this section, the Contractor completely waives any claims for protested work.. and accepts form. the City any written order (including directions,, in.stnictions, interpretations, and determination), 8. CL,AIMS. The Contrac to r shall give written notice tot he City of al I c lairn s other th all. change orders within fourteen. (14) calendar days of the occurrence of the events giving rise to the claims., Any claim. for damages, additional payment for any reason, or extension. of time, whether under this agreement or otherwise, shall be conclusively deenied to have been waived by the Contractor unless as timely written clairn is made in strict accordance with the applicable provisions of this agreement,'- or, if (and only if) no such. provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from tbe date (."ontra.etor knew, or should have known, ofthe facts giving rise to the claim.. At as minimum, a Contractor's written claity.r must include the information set forth regi.irding protests in Section. 7,.A,2,a, e. Public t,Vqrkv Agreement (d)alye 9 oj'81 E� ,zv,'Nwk Suoranvaler (4qfall Emeqenc,'P, Beach Repeur (beh'veen a rr -� Ps IncA ) ,, lo vember 20 7 1 'y ql"Brcrnerfon andScarvefla W 1, AILURE TO PROVIDII," A COMPLE'll,", WRITTEIN NO]IFICATION 01,' ("I'MIM W1111 III Tll]," 11M]ALLOW],]) S11ALL Illi, AN ABSOLUTP'l WAIVE.R OFANY 1,AIMS I I,J AIM, OR ARISINGINANY WAY [TOM'11'111" FACT' OREVENTIS) CAUSED 13Y THATDELAY, Contractor must, in. any event, file ariy claim or bring any suit arising from or connected with this agreement within 120 calendar days fron.i the date the contract ww ork.. is complete,. ef.) 10. INDEMNIFICATION. Contractor shall. defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless ftorn any and all claims, injuries, damages, losses or suits including all legal costs and attorney fLes, arisin.g out of or in connection with. the performance of this agreement, except for injuries and darnages caused by the City"s sole n.egligence. The City's inspection or acceptance of any of Contractor's wn rk.. when completed shall.n.ot be grounds to avoid any of these covenants of indemnification. Should a court of competent,jurisdiction determine that this agreement is subject to RCW 4,24A 15, then, in tla.e event of liability for damages arising out of bodily in J ury to persons or damages to property caused by or resulting frons. the concurrent negligen.ce of tire Contractor and the City, its officials, employees, agents and. volunteers, the Contractor's liability hereunder shal.1 be only to the extent of the Contractor's negligence, IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS I1f° DENP41FICATION CONSTITUI TS THE CON' TRA(." TORIS WAIVER. OF IMMUNITY UJ114DER JNDlJS'l'RlAJ L NSLJRAN 51 TCW, SOL,ELY FOR. THE PURPOSE OF TIIIS .... . . . .... INDEMNIFK.,ATION, TIIE PARTIES ACKNOWL,ET)GE THAT THEY HAVE MUTUALLY NE(IOTIATED THIS WAIVER., 11. INSURANCE. The Contractor shall procure and maintain for the duration. of this agreement insurance ofthe tyT,)es and in the aniounts described below against clahns for in.juries to persons or damage to property which. may arise frown. or in connection with the perflormarwe of the work by the Contractor, its agents, representative, employees, sub consultants or subcontractom. I Before beginning work, on the proJect described in Cothis agreement, the ntractor shall. provide as Certificate ofInsurance evideri.cin& . .. ........ .. ..... . AIJI(2 p i i o hJlc, 1,, 1. i Iy ins ' iiraiic(lwiW.h.l�rrin .it�s��)](,,ssih.an$].,000,0c(�)m 00bin(,;(I _ single hi nit pcx accident for bodily inJury and property darnage; and Public Works Agreement (1)(yle S of'[?) Eas t Park Slorm water Ouyjll Emergewy Beach Repair (between Ciiy of Bremerton andScaryella Bros, Ino No vember 2017 2,1" Gcllwn'd L'kand � insurance written on an occurrence basis with . . ....... . .. ...... - - _ firnits no less that.). $1,000,000 combined single limit per occurrence and. $2,000,000 general aggregate for personal inJui--y, bodily nkury and property damage,, Coverage shall include but not be linlited to: blanket contnactual; products/completed operations/broad form property damage; explosion, collapse arid underground (XCU)­ and employer's liability., Exce'ss Lialj it,y nce 1-__1 -11.1 1.1-111 11-11, ,,-!- insurance with limits not less than $ 1,000,000 per occury.e and aggregate,, Any payrnent of deductible or self-insured retention shall be the sole responsibility of the (..'ontractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on. the insurance policy, as respects work performed by or on behalf of the Contractor and a. copy, of the endorsement naming the City as additional insured small be attached to the Certificate of Insurance. The Contractor's insurance shall con tain. as clause stating that coverage shall apply separately to each. insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability, `.rhe Consultant's insurance shall be primary and non.contributory insurance as respects the City and shall. contain as waiver of subrogation against the City for claims arising out of any, operations, liabilities and obligations to which coverage applies. It stiall be an affirniative obligation upon Consultant to advise the City's Risk.. Manager by fax at. (360) 471-5161, or by certified. mail, return receipt requested to City of Bremerton, Attn.:: Risk.man.agement, 345 611 Street, Suite 600, Bremerton, WA, 98337 within two days of fl,ii.e cancel lation., suspensi I on or substantive change of any insurance policy set out herein., and f ailure to do so shall be con.strued to be a. breach. of this Agreement.. The City reserves the right to receive a certified copy of all the required insurance policies. 12 MISCE1,11LANEOUS. A., N " o " n " 0 " i scriminatiori. In. the hiring of employees for the performance of work.. um under this Agreeent or any sub -contracthereunder, t1te Contractor, its sub -contractors, or any person acting on behalf of such. Contractor or sub contractor shall not, by reason of race, religion., color, sex, national origin, or the presence of any sensory, mental, physical disability-, or sexual orientation discriminate again.st any person who is qualified. and available to perform. the work. to which the employnientrelates. B. Cmlpi is yjaqu Laws, Contractor shall comply with all. federal, state and local laws, rules and regulations throughout every, aspect in the performance of this agreement. Cl. W "ork I Perfi? r rri e( I z.11 Q o j.] ( ra (:.�to r '...s Risk. Contrador shall. take all precautions ncces)sary and shall. be r(,*;ponsib1(:1 for the saftty of 4s (,�rnployees, agents, and subcontractors in the perf6rimance ofthis, agr(,:ern(,,.nt. All workshall. be dorteat Contracl or's own risk, and Contractorshall Public Works Agreement (wqoe 6 of 13) East ParkSlorm water Otqli.ill Emergency Beach Repair (between Oly (?/ Bremerton and Scursella Bros. Im.) November 2017 be responsjble f6r any loss, ofor daniage, to malerials, toohi, or oil -ter arti(des used or Iteld fbr use in connection Mth the work, ,DNonwaiv - e - r - of -- Br - eac her- I , i ,, The failure of the City to insist upon strict performance of any of the terrils and rights contained ein, or to exercise any option herein conferiw] in one or more instances, shall not be co.instructed to be a waiver or relinquishment of those terms and. rights and they shall remain in full force and effect E. vcrno t, ui\v'rhis agreement shall be governed and construed in accordance with. the laws ofthe State of Washington, It'any dispute arises between. the City and . lontractor under any of the provisions of this agreement, resolUti011 of that dispute shall be available only through the jurisdictiort, venue and ru.les of the Kitsap County Superior Court, Kitsap County, Washington. R AIAOIIIJ)Igy"fir ,o�o ., To the extent not inconsistent with RC W 39.,04.240., in. any clairn or lawsuit for daniages arising from the parties' pertbrirtance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection. shall limit the City's right to indemnification under Section 10 of this agreement. G. Writ ' ten N( ' fi ce ., All cornmunications regarding this agreemerit shall be sent t the parties at the addresses listed oil the signature page of this agreernent, unless otherwise notified., Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certi fied.mail, and shall be deem.ed sufficiently given if sent to the addressee at the address stated on this agreement., H.- Asj i aej t., Any assignment of this agreement by the Contractor without the written. consent of the City shall. be void. I M(:)d4wation. No waiver, alteration, or modification of ano�f y the pron visios ................ - " of this agmen reet shall be binding unless in writing and signed. by a (July authorized representative of the . lity and Contractor, J., ., Severabilit_Y If ano y nor m e ore sections, sub -section, or sentences of this ......... . . — ----- agreement are held to be unconstitutional or invalid, that decision sliallnot affect the validity, of the rernaini.ng portion of this agreetiaent and the rernainder shall remain. in full force and effect., K. Entire Agreg The written provisions and terms of this agreen'tent, together with any attached Exhibits, supersede all prior verbal staternents by any representative of the City, and those statements shall not be construed as forming a part of or altering in. any manner this agreement. "'tris agreement and any attached Exhibits contain the entire agreement between the parties., Should. anylanguage in any.Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement sh.a.11 prevail. Public Works Agreement (1)(�oe 7 of 8) East Park,S'lormwater Oufull Emcrgency Beach Repair (beh4leen City q)'Bremerfon andScarvella Brav, hn) November 2017 IN WITNESS WHEREOF, the parties below have executed this agreement.. Scarsella Bros. Inc License # C 8111,;1; UBI #:a ��1m (Sip��m°�r.,� Printed Name) Title:V1..... �� ... Date: L?.', Notices to be sent to: P.O. Box 68697 Seattle, WA 98168-0697 APPROVED AS TO FORM: �...- .._ .. .... ......... m. Bremerton City rney Attachments: The City of Bremerton mA11- .. ..... . .. ........ . . (Signature) .. ...Pnnted... ..._..� .e.m� ..,_ ( Name) Title:, ....� �. "-.. _............__-..._,m. ?10 Date:....... ..... ,gym.....-... 7 Notices to be sent to: 345 Sixth Street Suite 600 Bremerton, WA 98310 ATTEST: . .......... — ......... Bremerton City Clerk Appendix A - Kitsap County Prevailing Wage Rates Appendix B - Agency Permits and City Resolution AppendixC. - Construction Forms Appendix -P -Construction Plans Public Works Agreement (page 8 of 8) East Park Stormwater Outfall Emergency Beach Repair (between City of Bremerton and Scarsella Bros. Inc) November 2017 EvoilixMil MIT KITSAP COUNTY PREVAILING WAGE RATES THIS PAGE LEFT INTENTIONALLY BLANK 11/17/2017 abouttlank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 11 /22/2017 County Trade Job Classification Wage HolidayOvertime Note Kitsap Asbestos Abatement Workers Journey Level $46.57 5D 1 H Kitsap Boilermakers Journey Level $30.34 1 Kitsap Brick Mason Journey Level $55.82 5A 1 M Kitsap Brick Mason Pointer -Caulker -Cleaner $55.82 5A 1M Kitsap Building Service Employees Janitor $11.00 1 Kitsap Building Service Employees Shampooer $11.00 1 Kitsap Building Service Employees Waxer $11.00 1 Kitsap Building Service Employees Window Cleaner $13.22 1 Kitsap Cabinet Makers (In Shop) Journey Level $23.72 1 Kitsap Carpenters Acoustical Worker $57.18 5D 4C Kitsap Carpenters Bridge, Dock And Wharf $57.18 5D 4C Carpenters Kitsap Carpenters Carpenter $57.18 5D 4C Kitsap Carpenters Carpenters on Stationary Tools $57.31 5D 4C Kitsap Carpenters Creosoted Material $57.28 5D 4C Kitsap Carpenters Floor Finisher $57.18 5D 4C Kitsap Carpenters Floor Layer $57.18 5D 4C Kitsap Carpenters Scaffold Erector $57.18 5D 4C Kitsap Cement Masons Journey Level $57.21 7A 1M Kitsap Divers Et Tenders Bell/Vehicle or Submersible $110.54 5D 4C Operator (Not Under Pressure) Kitsap Divers Et Tenders Dive Supervisor/Master $72.97 5D 4C Kitsap Divers Et Tenders Diver $110.54 5D 4C 8V Kitsap Divers Et Tenders Diver On Standby $67.97 5D 4C Kitsap Divers Et Tenders Diver Tender $61.65 5D 4C Kitsap Divers Et Tenders Manifold Operator $61.65 5D 4C Kitsap Divers Et Tenders Manifold Operator Mixed Gas $66.65 5D 4C Kitsap Divers Et Tenders Remote Operated Vehicle $61.65 5D 4C Operator/Technician Kitsap Divers Et Tenders Remote Operated Vehicle Tender $57.43 5A 4C Kitsap Dredge Workers Assistant Engineer $56.44 5D 3F Kitsap Dredge Workers Assistant Mate (Deckhand) $56.00 5D 3F abouttlank 1/16 11/17/2017 abouttlank Kitsap Dredge Workers Boatmen $56.44 5D 3F Kitsap Dredge Workers Engineer Welder $57.51 5D 3F Kitsap Dredge Workers Leverman, Hydraulic $58.67 5D 3F Kitsap Dredge Workers Mates $56.44 5D 3F Kitsap Dredge Workers Oiler $56.00 5D 3F Kitsap Drywall Applicator Journey Level $56.78 5D 1 H Kitsap Drywall Tapers Journey Level $57.43 5P 1E Kitsap Electrical Fixture Maintenance Journey Level $31.74 1 Workers Kitsap Electricians - Inside Journey Level $51.26 1 Kitsap Electricians - Motor Shop Craftsman $15.37 1 Kitsap Electricians - Motor Shop Journey Level $14.69 1 Kitsap Electricians - Powerline Cable Splicer $73.93 5A 4D Construction Kitsap Electricians - Powerline Certified Line Welder $67.60 5A 4D Construction Kitsap Electricians - Powerline Groundperson $45.49 5A 4D Construction Kitsap Electricians - Powerline Heavy Line Equipment Operator $67.60 5A 4D Construction Kitsap Electricians - Powerline Journey Level Lineperson $67.60 5A 4D Construction Kitsap Electricians - Powerline Line Equipment Operator $57.02 5A 4D Construction Kitsap Electricians - Powerline Pole Sprayer $67.60 5A 4D Construction Kitsap Electricians - Powerline Powderperson $50.76 5A 4D Construction Kitsap Electronic Technicians Journey Level $45.26 7E 1 D Kitsap Elevator Constructors Mechanic $90.39 7D 4A Kitsap Elevator Constructors Mechanic In Charge $100.22 7D 4A Kitsap Fabricated Precast Concrete Journey Level - In -Factory Work $13.50 1 Products Only Kitsap Fence Erectors Fence Erector $13.80 1 Kitsap Fence Erectors Fence Laborer $11.60 1 Kitsap Flaggers Journey Level $39.48 7A 31 Kitsap Glaziers Journey Level $60.56 7L 1y Kitsap Heat Et Frost Insulators And Journeyman $67.93 5.1 4H Asbestos Workers Kitsap Heating Equipment Mechanics Journey Level $78.17 7F 1E Kitsap Hod Carriers Et Mason Tenders Journey Level $48.02 7A 31 Kitsap Industrial Power Vacuum Cleaner Journey Level $29.89 1 Kitsap Inland Boatmen Boat Operator $59.86 5B 1 K Kitsap Inland Boatmen Cook $56.18 5B 1K Kitsap Inland Boatmen Deckhand $56.18 5B 1K Kitsap Inland Boatmen Deckhand Engineer $57.26 5B 1K Kitsap Inland Boatmen Launch Operator $58.59 5B 1K Kitsap Inland Boatmen Mate $58.59 5B 1K Kitsap Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $11.00 1 abouttlank 2/16 11/17/2017 abouttlank Sewer Et Water Systems By Operator Remote Control Kitsap Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer Et Water Systems By Remote Control Kitsap Inspection/Cleaning/Sealing Of Head Operator $12.78 1 Sewer Et Water Systems By Remote Control Kitsap Inspection/Cleaning/Sealing Of Tv Truck Operator $24.17 1 Sewer Et Water Systems By Remote Control Kitsap Insulation Applicators Journey Level $57.18 5D 4C Kitsap Ironworkers Journeyman $66.68 7N 10 Kitsap Laborers Air, Gas Or Electric Vibrating $46.57 7A 31 Screed Kitsap Laborers Airtrac Drill Operator $48.02 7A 31 Kitsap Laborers Ballast Regular Machine $46.57 7A 31 Kitsap Laborers Batch Weighman $39.48 7A 31 Kitsap Laborers Brick Pavers $46.57 7A 31 Kitsap Laborers Brush Cutter $46.57 7A 31 Kitsap Laborers Brush Hog Feeder $46.57 7A 31 Kitsap Laborers Burner $46.57 7A 31 Kitsap Laborers Caisson Worker $48.02 7A 31 Kitsap Laborers Carpenter Tender $46.57 7A 31 Kitsap Laborers Caulker $46.57 7A 31 Kitsap Laborers Cement Dumper -paving $47.44 7A 31 Kitsap Laborers Cement Finisher Tender $46.57 7A 31 Kitsap Laborers Change House Or Dry Shack $46.57 7A 31 Kitsap Laborers Chipping Gun (under 30 Lbs.) $46.57 7A 31 Kitsap Laborers Chipping Gun(30 Lbs. And Over) $47.44 7A 31 Kitsap Laborers Choker Setter $46.57 7A 31 Kitsap Laborers Chuck Tender $46.57 7A 31 Kitsap Laborers Clary Power Spreader $47.44 7A 31 Kitsap Laborers Clean-up Laborer $46.57 7A 31 Kitsap Laborers Concrete Dumper/chute Operator $47.44 7A 31 Kitsap Laborers Concrete Form Stripper $46.57 7A 31 Kitsap Laborers Concrete Placement Crew $47.44 7A 31 Kitsap Laborers Concrete Saw Operator/core $47.44 7A 31 Driller Kitsap Laborers Crusher Feeder $39.48 7A 31 Kitsap Laborers Curing Laborer $46.57 7A 31 Kitsap Laborers Demolition: Wrecking Et Moving $46.57 7A 31 (incl. Charred Material) Kitsap Laborers Ditch Digger $46.57 7A 31 Kitsap Laborers Diver $48.02 7A 31 Kitsap Laborers Drill Operator $47.44 7A 31 (hydraulic, diamond) Kitsap Laborers Dry Stack Walls $46.57 7A 31 Kitsap Laborers Dump Person $46.57 7A 31 abouttlank 3/16 11/17/2017 abouttlank Kitsap Laborers Epoxy Technician $46.57 7A 31 Kitsap Laborers Erosion Control Worker $46.57 7A 31 Kitsap Laborers Faller Et Bucker Chain Saw $47.44 7A 31 Kitsap Laborers Fine Graders $46.57 7A 31 Kitsap Laborers Firewatch $39.48 7A 31 Kitsap Laborers Form Setter $46.57 7A 31 Kitsap Laborers Gabian Basket Builders $46.57 7A 31 Kitsap Laborers General Laborer $46.57 7A 31 Kitsap Laborers Grade Checker Et Transit Person $48.02 7A 31 Kitsap Laborers Grinders $46.57 7A 31 Kitsap Laborers Grout Machine Tender $46.57 7A 31 Kitsap Laborers Groutmen (pressure) including $47.44 7A 31 Post Tension Beams Kitsap Laborers Guardrail Erector $46.57 7A 31 Kitsap Laborers Hazardous Waste Worker (level A) $48.02 7A 31 Kitsap Laborers Hazardous Waste Worker (level B) $47.44 7A 31 Kitsap Laborers Hazardous Waste Worker (level C) $46.57 7A 31 Kitsap Laborers High Scaler $48.02 7A 31 Kitsap Laborers Jackhammer $47.44 7A 31 Kitsap Laborers Laserbeam Operator $47.44 7A 31 Kitsap Laborers Maintenance Person $46.57 7A 31 Kitsap Laborers Manhole Builder-mudman $47.44 7A 31 Kitsap Laborers Material Yard Person $46.57 7A 31 Kitsap Laborers Motorman -dinky Locomotive $47.44 7A 31 Kitsap Laborers Nozzleman (concrete Pump, $47.44 7A 31 Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla Kitsap Laborers Pavement Breaker $47.44 7A 31 Kitsap Laborers Pilot Car $39.48 7A 31 Kitsap Laborers Pipe Layer Lead $48.02 7A 31 Kitsap Laborers Pipe Layer/tailor $47.44 7A 31 Kitsap Laborers Pipe Pot Tender $47.44 7A 31 Kitsap Laborers Pipe Reliner $47.44 7A 31 Kitsap Laborers Pipe Wrapper $47.44 7A 31 Kitsap Laborers Pot Tender $46.57 7A 31 Kitsap Laborers Powderman $48.02 7A 31 Kitsap Laborers Powderman's Helper $46.57 7A 31 Kitsap Laborers Power Jacks $47.44 7A 31 Kitsap Laborers Railroad Spike Puller - Power $47.44 7A 31 Kitsap Laborers Raker - Asphalt $48.02 7A 31 Kitsap Laborers Re-timberman $48.02 7A 31 Kitsap Laborers Remote Equipment Operator $47.44 7A 31 Kitsap Laborers Rigger/signal Person $47.44 7A 31 Kitsap Laborers Rip Rap Person $46.57 7A 31 Kitsap Laborers Rivet Buster $47.44 7A 31 abouttlank 4/16 11/17/2017 abouttlank Kitsap Laborers Rodder $47.44 7A 31 Kitsap Laborers Scaffold Erector $46.57 7A 31 Kitsap Laborers Scale Person $46.57 7A 31 Kitsap Laborers Sloper (over 20") $47.44 7A 31 Kitsap Laborers Sloper Sprayer $46.57 7A 31 Kitsap Laborers Spreader (concrete) $47.44 7A 31 Kitsap Laborers Stake Hopper $46.57 7A 31 Kitsap Laborers Stock Piler $46.57 7A 31 Kitsap Laborers Tamper Et Similar Electric, Air Et $47.44 7A 31 Gas Operated Tools Kitsap Laborers Tamper (multiple Et Self- $47.44 7A 31 propelled) Kitsap Laborers Timber Person- Sewer (lagger, $47.44 7A 31 Shorer Et Cribber) Kitsap Laborers Toolroom Person (at Jobsite) $46.57 7A 31 Kitsap Laborers Topper $46.57 7A 31 Kitsap Laborers Track Laborer $46.57 7A 31 Kitsap Laborers Track Liner (power) $47.44 7A 31 Kitsap Laborers Traffic Control Laborer $42.22 7A 31 8R Kitsap Laborers Traffic Control Supervisor $42.22 7A 31 8R Kitsap Laborers Truck Spotter $46.57 7A 31 Kitsap Laborers Tugger Operator $47.44 7A 31 Kitsap Laborers Tunnel Work -Compressed Air $92.60 7A 31 80 Worker 0-30 psi Kitsap Laborers Tunnel Work -Compressed Air $97.63 7A 31 80 Worker 30.01-44.00 psi Kitsap Laborers Tunnel Work -Compressed Air $101.31 7A 31 80 Worker 44.01-54.00 psi Kitsap Laborers Tunnel Work -Compressed Air $107.01 7A 31 80 Worker 54.01-60.00 psi Kitsap Laborers Tunnel Work -Compressed Air $109.13 7A 31 80 Worker 60.01-64.00 psi Kitsap Laborers Tunnel Work -Compressed Air $114.23 7A 31 80 Worker 64.01-68.00 psi Kitsap Laborers Tunnel Work -Compressed Air $116.13 7A 31 80 Worker 68.01-70.00 psi Kitsap Laborers Tunnel Work -Compressed Air $118.13 7A 31 88 Worker 70.01-72.00 psi Kitsap Laborers Tunnel Work -Compressed Air $120.13 7A 31 80 Worker 72.01-74.00 psi Kitsap Laborers Tunnel Work-Guage and Lock $48.12 7A 31 80 Tender Kitsap Laborers Tunnel Work -Miner $48.12 7A 31 80 Kitsap Laborers Vibrator $47.44 7A 31 Kitsap Laborers Vinyl Seamer $46.57 7A 31 Kitsap Laborers Watchman $35.88 7A 31 Kitsap Laborers Welder $47.44 7A 31 Kitsap Laborers Well Point Laborer $47.44 7A 31 Kitsap Laborers Window Washer/cleaner $35.88 7A 31 Kitsap Laborers - Underground Sewer Et General Laborer Et Topman $46.57 7A 31 abouttlank 5/16 11/17/2017 abouttlank Water Kitsap Laborers - Underground Sewer Et Pipe Layer $47.44 7A 31 Water Kitsap Landscape Construction Irrigation Or Lawn Sprinkler $11.00 1 Installers Kitsap Landscape Construction Landscape Equipment Operators $11.00 1 Or Truck Drivers Kitsap Landscape Construction Landscaping Or Planting Laborers $12.92 1 Kitsap Lathers JOURNEY LEVEL $21.00 1 Kitsap Marble Setters Journey Level $55.82 5A 1M Kitsap Metal Fabrication (In Shop) Fitter $26.96 1 Kitsap Metal Fabrication (In Shop) Laborer $11.00 1 Kitsap Metal Fabrication (In Shop) Machine Operator $13.83 1 Kitsap Metal Fabrication (In Shop) Welder $13.83 1 Kitsap Millwright Journey Level $44.89 1 Kitsap Modular Buildings Cabinet Assembly $11.56 1 Kitsap Modular Buildings Electrician $11.56 1 Kitsap Modular Buildings Equipment Maintenance $11.56 1 Kitsap Modular Buildings Plumber $11.56 1 Kitsap Modular Buildings Production Worker $11.00 1 Kitsap Modular Buildings Tool Maintenance $11.56 1 Kitsap Modular Buildings Utility Person $11.56 1 Kitsap Modular Buildings Welder $11.56 1 Kitsap Painters Journey Level $41.60 6Z 2B Kitsap Pile Driver Crew Tender $52.37 5D 4C Kitsap Pile Driver Hyperbaric Worker - Compressed $71.35 5D 4C Air Worker 0-30.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $76.35 5D 4C Air Worker 30.01 - 44.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $80.35 5D 4C Air Worker 44.01 - 54.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $85.35 5D 4C Air Worker 54.01 - 60.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $87.85 5D 4C Air Worker 60.01 - 64.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $92.85 5D 4C Air Worker 64.01 - 68.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $94.85 5D 4C Air Worker 68.01 - 70.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $96.85 5D 4C Air Worker 70.01 - 72.00 PSI Kitsap Pile Driver Hyperbaric Worker - Compressed $98.85 5D 4C Air Worker 72.01 - 74.00 PSI Kitsap Pile Driver Journey Level $57.43 5D 4C Kitsap Plasterers Journey Level $54.89 7Q JR Kitsap Playground Et Park Equipment Journey Level $11.00 1 Installers Kitsap Plumbers Et Pipefitters Journey Level $67.47 5A 1G Kitsap Power Equipment Operators Asphalt Plant Operators $60.49 7A 3C 8P Kitsap Power Equipment Operators Assistant Engineer $56.90 7A 3C 8P abouttlank 6/16 11/17/2017 abouttlank Kitsap Power Equipment Operators Barrier Machine (zipper) $59.96 7A 3C 8P Kitsap Power Equipment Operators Batch Plant Operator, Concrete $59.96 7A 3C 8P Kitsap Power Equipment Operators Bobcat $56.90 7A 3C 8P Kitsap Power Equipment Operators Brokk - Remote Demolition $56.90 7A 3C 8P Equipment Kitsap Power Equipment Operators Brooms $56.90 7A 3C 8P Kitsap Power Equipment Operators Bump Cutter $59.96 7A 3C 8P Kitsap Power Equipment Operators Cableways $60.49 7A 3C 8P Kitsap Power Equipment Operators Chipper $59.96 7A 3C 8P Kitsap Power Equipment Operators Compressor $56.90 7A 3C 8P Kitsap Power Equipment Operators Concrete Pump: Truck Mount $60.49 7A 3C 8P With Boom Attachment Over 42 M' Kitsap Power Equipment Operators Concrete Finish Machine -laser $56.90 7A 3C 8P Screed Kitsap Power Equipment Operators Concrete Pump - Mounted Or $59.49 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. Kitsap Power Equipment Operators Concrete Pump: Truck Mount $59.96 7A 3C 8P With Boom Attachment Up To 42m Kitsap Power Equipment Operators Conveyors $59.49 7A 3C 8P Kitsap Power Equipment Operators Cranes Friction: 200 tons and $62.33 7A 3C 8P over Kitsap Power Equipment Operators Cranes: 20 Tons Through 44 Tons $59.96 7A 3C 8P With Attachments Kitsap Power Equipment Operators Cranes: 100 Tons Through 199 $61.10 7A 3C 8P Tons, Or 150' Of Boom (Including Jib With Attachments) Kitsap Power Equipment Operators Cranes: 200 tons- 299 tons, or $61.72 7A 3C 8P 250' of boom including jib with attachments Kitsap Power Equipment Operators Cranes: 300 tons and over or 300' $62.33 7A 3C 8P of boom including jib with attachments Kitsap Power Equipment Operators Cranes: 45 Tons Through 99 Tons, $60.49 7A 3C 8P Under 150' Of Boom (including Jib With Attachments) Kitsap Power Equipment Operators Cranes: A-frame - 10 Tons And $56.90 7A 3C 8P Under Kitsap Power Equipment Operators Cranes: Friction cranes through $61.72 7A 3C 8P 199 tons Kitsap Power Equipment Operators Cranes: Through 19 Tons With $59.49 7A 3C 8P Attachments A-frame Over 10 Tons Kitsap Power Equipment Operators Crusher $59.96 7A 3C 8P Kitsap Power Equipment Operators Deck Engineer/deck Winches $59.96 7A 3C 8P (Power) Kitsap Power Equipment Operators Derricks, On Building Work $60.49 7A 3C 8P Kitsap Power Equipment Operators Dozers D-9 Et Under $59.49 7A 3C 8P Kitsap Power Equipment Operators Drill Oilers: Auger Type, Truck Or $59.49 7A 3C 8P Crane Mount Kitsap Power Equipment Operators Drilling Machine $61.10 7A 3C 8P abouttlank 7/16 11/17/2017 abouttlank Kitsap Power Equipment Operators Elevator And Man-lift: Permanent $56.90 7A 3C 8P And Shaft Type Kitsap Power Equipment Operators Finishing Machine, Bidwell And $59.96 7A 3C 8P Gamaco Et Similar Equipment Kitsap Power Equipment Operators Forklift: 3000 Lbs And Over With $59.49 7A 3C 8P Attachments Kitsap Power Equipment Operators Forklifts: Under 3000 Lbs. With $56.90 7A 3C 8P Attachments Kitsap Power Equipment Operators Grade Engineer: Using Blue $59.96 7A 3C 8P Prints, Cut Sheets, Etc Kitsap Power Equipment Operators Gradechecker/stakeman $56.90 7A 3C 8P Kitsap Power Equipment Operators Guardrail Punch $59.96 7A 3C 8P Kitsap Power Equipment Operators Hard Tail End Dump Articulating $60.49 7A 3C 8P Off- Road Equipment 45 Yards. Et OVer Kitsap Power Equipment Operators Hard Tail End Dump Articulating $59.96 7A 3C 8P Off-road Equipment Under 45 Yards Kitsap Power Equipment Operators Horizontal/ directional Drill $59.49 7A 3C 8P Locator Kitsap Power Equipment Operators Horizontal/ directional Drill $59.96 7A 3C 8P Operator Kitsap Power Equipment Operators Hydralifts/boom Trucks Over 10 $59.49 7A 3C 8P Tons Kitsap Power Equipment Operators Hydralifts/boom Trucks, 10 Tons $56.90 7A 3C 8P And Under Kitsap Power Equipment Operators Loader, Overhead 8 Yards. Et $61.10 7A 3C 8P Over Kitsap Power Equipment Operators Loader, Overhead, 6 Yards. But $60.49 7A 3C 8P Not Including 8 Yards Kitsap Power Equipment Operators Loaders, Overhead Under 6 Yards $59.96 7A 3C 8P Kitsap Power Equipment Operators Loaders, Plant Feed $59.96 7A 3C 8P Kitsap Power Equipment Operators Loaders: Elevating Type Belt $59.49 7A 3C 8P Kitsap Power Equipment Operators Locomotives, All $59.96 7A 3C 8P Kitsap Power Equipment Operators Material Transfer Device $59.96 7A 3C 8P Kitsap Power Equipment Operators Mechanics, All (leadmen - $0.50 $61.10 7A 3C 8P Per Hour Over Mechanic) Kitsap Power Equipment Operators Motor Patrol Graders $60.49 7A 3C 8P Kitsap Power Equipment Operators Mucking Machine, Mole, Tunnel $60.49 7A 3C 8P Drill, Boring, Road Header And/or' Shield Kitsap Power Equipment Operators Oil Distributors, Blower $56.90 7A 3C 8P Distribution Et Mulch Seeding Operator Kitsap Power Equipment Operators Outside Hoists (elevators And $59.49 7A 3C 8P Manlifts), Air Tuggers,strato Kitsap Power Equipment Operators Overhead, Bridge Type Crane: 20 $59.96 7A 3C 8P Tons Through 44 Tons Kitsap Power Equipment Operators Overhead, Bridge Type: 100 Tons $61.10 7A 3C 8P And Over Kitsap Power Equipment Operators Overhead, Bridge Type: 45 Tons $60.49 7A 3C 8P Through 99 Tons abouttlank 8/16 11/17/2017 abouttlank Kitsap Power Equipment Operators Pavement Breaker $56.90 7A 3C 8P Kitsap Power Equipment Operators Pile Driver (other Than Crane $59.96 7A 3C 8P Mount) Kitsap Power Equipment Operators Plant Oiler - Asphalt, Crusher $59.49 7A 3C 8P Kitsap Power Equipment Operators Posthole Digger, Mechanical $56.90 7A 3C 8P Kitsap Power Equipment Operators Power Plant $56.90 7A 3C 8P Kitsap Power Equipment Operators Pumps - Water $56.90 7A 3C 8P Kitsap Power Equipment Operators Quad 9, Hd 41, D10 And Over $60.49 7A 3C 8P Kitsap Power Equipment Operators Quick Tower - No Cab, Under 100 $56.90 7A 3C 8P Feet In Height Based To Boom Kitsap Power Equipment Operators Remote Control Operator On $60.49 7A 3C 8P Rubber Tired Earth Moving Equipment Kitsap Power Equipment Operators Rigger And Bellman $56.90 7A 3C 8P Kitsap Power Equipment Operators Rigger/Signal Person, Bellman $59.49 7A 3C 8P (Certified) Kitsap Power Equipment Operators Rollagon $60.49 7A 3C 8P Kitsap Power Equipment Operators Roller, Other Than Plant Mix $56.90 7A 3C 8P Kitsap Power Equipment Operators Roller, Plant Mix Or Multi-lift $59.49 7A 3C 8P Materials Kitsap Power Equipment Operators Roto-mill, Roto-grinder $59.96 7A 3C 8P Kitsap Power Equipment Operators Saws - Concrete $59.49 7A 3C 8P Kitsap Power Equipment Operators Scraper, Self Propelled Under 45 $59.96 7A 3C 8P Yards Kitsap Power Equipment Operators Scrapers - Concrete Et Carry All $59.49 7A 3C 8P Kitsap Power Equipment Operators Scrapers, Self-propelled: 45 Yards $60.49 7A 3C 8P And Over Kitsap Power Equipment Operators Service Engineers - Equipment $59.49 7A 3C 8P Kitsap Power Equipment Operators Shotcrete/gunite Equipment $56.90 7A 3C 8P Kitsap Power Equipment Operators Shovel , Excavator, Backhoe, $59.49 7A 3C 8P Tractors Under 15 Metric Tons. Kitsap Power Equipment Operators Shovel, Excavator, Backhoe: Over $60.49 7A 3C 8P 30 Metric Tons To 50 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes, $59.96 7A 3C 8P Tractors: 15 To 30 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: $61.10 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons Kitsap Power Equipment Operators Shovel, Excavator, Backhoes: $61.72 7A 3C 8P Over 90 Metric Tons Kitsap Power Equipment Operators Slipform Pavers $60.49 7A 3C 8P Kitsap Power Equipment Operators Spreader, Topsider Et Screedman $60.49 7A 3C 8P Kitsap Power Equipment Operators Subgrader Trimmer $59.96 7A 3C 8P Kitsap Power Equipment Operators Tower Bucket Elevators $59.49 7A 3C 8P Kitsap Power Equipment Operators Tower Crane Up To 175' In Height $61.10 7A 3C 8P Base To Boom Kitsap Power Equipment Operators Tower Crane: over 175' through $61.72 7A 3C 8P 250' in height, base to boom Kitsap Power Equipment Operators Tower Cranes: over 250' in height $62.33 7A 3C 8P from base to boom abouttlank 9/16 11/17/2017 abouttlank Kitsap Power Equipment Operators Transporters, All Track Or Truck $60.49 7A 3C 8P Type Kitsap Power Equipment Operators Trenching Machines $59.49 7A 3C 8P Kitsap Power Equipment Operators Truck Crane Oiler/driver - 100 $59.96 7A 3C 8P Tons And Over Kitsap Power Equipment Operators Truck Crane Oiler/driver Under $59.49 7A 3C 8P 100 Tons Kitsap Power Equipment Operators Truck Mount Portable Conveyor $59.96 7A 3C 8P Kitsap Power Equipment Operators Welder $60.49 7A 3C 8P Kitsap Power Equipment Operators Wheel Tractors, Farmall Type $56.90 7A 3C 8P Kitsap Power Equipment Operators Yo Yo Pay Dozer $59.96 7A 3C 8P Kitsap Power Equipment Operators- Asphalt Plant Operators $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Assistant Engineer $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Barrier Machine (zipper) $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Batch Plant Operator, Concrete $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Bobcat $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Brokk -Remote Demolition $56.90 7A 3C 8P Underground Sewer Et Water Equipment Kitsap Power Equipment Operators- Brooms $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Bump Cutter $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Cableways $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Chipper $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Compressor $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Concrete Pump: Truck Mount $60.49 7A 3C 8P Underground Sewer Et Water With Boom Attachment Over 42 M Kitsap Power Equipment Operators- Concrete Finish Machine -laser $56.90 7A 3C 8P Underground Sewer Et Water Screed Kitsap Power Equipment Operators- Concrete Pump - Mounted Or $59.49 7A 3C 8P Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. Kitsap Power Equipment Operators- Concrete Pump: Truck Mount $59.96 7A 3C 8P Underground Sewer Et Water With Boom Attachment Up To 42m Kitsap Power Equipment Operators- Conveyors $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Cranes Friction: 200 tons and $62.33 7A 3C 8P Underground Sewer Et Water over Kitsap Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $59.96 7A 3C 8P Underground Sewer Et Water With Attachments Kitsap Power Equipment Operators- Cranes: 100 Tons Through 199 $61.10 7A 3C 8P Underground Sewer Et Water Tons, Or 150' Of Boom (Including Jib With Attachments) abouttlank 10/16 11/17/2017 abouttlank Kitsap Power Equipment Operators- Cranes: 200 tons- 299 tons, or $61.72 7A 3C 8P Underground Sewer Et Water 250' of boom including jib with attachments Kitsap Power Equipment Operators- Cranes: 300 tons and over or 300' $62.33 7A 3C 8P Underground Sewer Et Water of boom including jib with attachments Kitsap Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, $60.49 7A 3C 8P Underground Sewer Et Water Under 150' Of Boom (including Jib With Attachments) Kitsap Power Equipment Operators- Cranes: A-frame - 10 Tons And $56.90 7A 3C 8P Underground Sewer Et Water Under Kitsap Power Equipment Operators- Cranes: Friction cranes through $61.72 7A 3C 8P Underground Sewer Et Water 199 tons Kitsap Power Equipment Operators- Cranes: Through 19 Tons With $59.49 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons Kitsap Power Equipment Operators- Crusher $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Deck Engineer/deck Winches $59.96 7A 3C 8P Underground Sewer Et Water (power) Kitsap Power Equipment Operators- Derricks, On Building Work $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Dozers D-9 Et Under $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Drill Oilers: Auger Type, Truck Or $59.49 7A 3C 8P Underground Sewer Et Water Crane Mount Kitsap Power Equipment Operators- Drilling Machine $61.10 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Elevator And Man-lift: Permanent $56.90 7A 3C 8P Underground Sewer Et Water And Shaft Type Kitsap Power Equipment Operators- Finishing Machine, Bidwell And $59.96 7A 3C 8P Underground Sewer Et Water Gamaco Et Similar Equipment Kitsap Power Equipment Operators- Forklift: 3000 Lbs And Over With $59.49 7A 3C 8P Underground Sewer Et Water Attachments Kitsap Power Equipment Operators- Forklifts: Under 3000 Lbs. With $56.90 7A 3C 8P Underground Sewer Et Water Attachments Kitsap Power Equipment Operators- Grade Engineer: Using Blue $59.96 7A 3C 8P Underground Sewer Et Water Prints, Cut Sheets, Etc Kitsap Power Equipment Operators- Gradechecker/stakeman $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Guardrail Punch $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Hard Tail End Dump Articulating $60.49 7A 3C 8P Underground Sewer Et Water Off- Road Equipment 45 Yards. Et Over Kitsap Power Equipment Operators- Hard Tail End Dump Articulating $59.96 7A 3C 8P Underground Sewer Et Water Off-road Equipment Under 45 Yards Kitsap Power Equipment Operators- Horizontal/ directional Drill $59.49 7A 3C 8P Underground Sewer Et Water Locator Kitsap Power Equipment Operators- Horizontal/ directional Drill $59.96 7A 3C 8P Underground Sewer Et Water Operator Kitsap Power Equipment Operators- Hydralifts/boom Trucks Over 10 $59.49 7A 3C 8P Underground Sewer Et Water Tons abouttlank 11/17/2017 abouttlank Kitsap Power Equipment Operators- Hydralifts/boom Trucks, 10 Tons $56.90 7A 3C 8P Underground Sewer Et Water And Under Kitsap Power Equipment Operators- Loader, Overhead 8 Yards. Et $61.10 7A 3C 8P Underground Sewer Et Water Over Kitsap Power Equipment Operators- Loader, Overhead, 6 Yards. But $60.49 7A 3C 8P Underground Sewer Et Water Not Including 8 Yards Kitsap Power Equipment Operators- Loaders, Overhead Under 6 Yards $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Loaders, Plant Feed $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Loaders: Elevating Type Belt $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Locomotives, All $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Material Transfer Device $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Mechanics, All (leadmen - $0.50 $61.10 7A 3C 8P Underground Sewer Et Water Per Hour Over Mechanic) Kitsap Power Equipment Operators- Motor Patrol Graders $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Mucking Machine, Mole, Tunnel $60.49 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield Kitsap Power Equipment Operators- Oil Distributors, Blower $56.90 7A 3C 8P Underground Sewer Et Water Distribution Et Mulch Seeding Operator Kitsap Power Equipment Operators- Outside Hoists (elevators And $59.49 7A 3C 8P Underground Sewer Et Water Manlifts), Air Tuggers,strato Kitsap Power Equipment Operators- Overhead, Bridge Type Crane: 20 $59.96 7A 3C 8P Underground Sewer Et Water Tons Through 44 Tons Kitsap Power Equipment Operators- Overhead, Bridge Type: 100 Tons $61.10 7A 3C 8P Underground Sewer Et Water And Over Kitsap Power Equipment Operators- Overhead, Bridge Type: 45 Tons $60.49 7A 3C 8P Underground Sewer Et Water Through 99 Tons Kitsap Power Equipment Operators- Pavement Breaker $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Pile Driver (other Than Crane $59.96 7A 3C 8P Underground Sewer Et Water Mount) Kitsap Power Equipment Operators- Plant Oiler - Asphalt, Crusher $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Posthole Digger, Mechanical $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Power Plant $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Pumps - Water $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Quad 9, Hd 41, D10 And Over $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Quick Tower - No Cab, Under 100 $56.90 7A 3C 8P Underground Sewer Et Water Feet In Height Based To Boom Kitsap Power Equipment Operators- Remote Control Operator On $60.49 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment abouttlank 12/16 11/17/2017 abouttlank Kitsap Power Equipment Operators- Rigger And Bellman $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Rigger/Signal Person, Bellman $59.49 7A 3C 8P Underground Sewer Et Water (Certified) Kitsap Power Equipment Operators- Rollagon $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Roller, Other Than Plant Mix $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Roller, Plant Mix Or Multi -lift $59.49 7A 3C 8P Underground Sewer Et Water Materials Kitsap Power Equipment Operators- Roto -mill, Roto -grinder $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Saws - Concrete $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Scraper, Self Propelled Under 45 $59.96 7A 3C 8P Underground Sewer Et Water Yards Kitsap Power Equipment Operators- Scrapers - Concrete Et Carry All $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Scrapers, Self-propelled: 45 Yards $60.49 7A 3C 8P Underground Sewer Et Water And Over Kitsap Power Equipment Operators- Service Engineers - Equipment $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Shotcrete/gunite Equipment $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Shovel , Excavator, Backhoe, $59.49 7A 3C 8P Underground Sewer Et Water Tractors Under 15 Metric Tons. Kitsap Power Equipment Operators- Shovel, Excavator, Backhoe: Over $60.49 7A 3C 8P Underground Sewer Et Water 30 Metric Tons To 50 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes, $59.96 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes: $61.10 7A 3C 8P Underground Sewer Et Water Over 50 Metric Tons To 90 Metric Tons Kitsap Power Equipment Operators- Shovel, Excavator, Backhoes: $61.72 7A 3C 8P Underground Sewer Et Water Over 90 Metric Tons Kitsap Power Equipment Operators- Slipform Pavers $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Spreader, Topsider Et Screedman $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Subgrader Trimmer $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Tower Bucket Elevators $59.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Tower Crane Up To 175' In Height $61.10 7A 3C 8P Underground Sewer Et Water Base To Boom Kitsap Power Equipment Operators- Tower Crane: over 175' through $61.72 7A 3C 8P Underground Sewer Et Water 250' in height, base to boom Kitsap Power Equipment Operators- Tower Cranes: over 250' in height $62.33 7A 3C 8P Underground Sewer Et Water from base to boom Kitsap Power Equipment Operators- Transporters, All Track Or Truck $60.49 7A 3C 8P Underground Sewer Et Water Type Kitsap Power Equipment Operators- Trenching Machines $59.49 7A 3C 8P Underground Sewer Et Water abouttlank 13/16 11/17/2017 abouttlank Kitsap Power Equipment Operators- Truck Crane Oiler/driver - 100 $59.96 7A 3C 8P Underground Sewer Et Water Tons And Over Kitsap Power Equipment Operators- Truck Crane Oiler/driver Under $59.49 7A 3C 8P Underground Sewer Et Water 100 Tons Kitsap Power Equipment Operators- Truck Mount Portable Conveyor $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Welder $60.49 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Wheel Tractors, Farmall Type $56.90 7A 3C 8P Underground Sewer Et Water Kitsap Power Equipment Operators- Yo Yo Pay Dozer $59.96 7A 3C 8P Underground Sewer Et Water Kitsap Power Line Clearance Tree Journey Level In Charge $48.54 5A 4A Trimmers Kitsap Power Line Clearance Tree Spray Person $46.03 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Equipment Operator $48.54 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Trimmer $43.32 5A 4A Trimmers Kitsap Power Line Clearance Tree Tree Trimmer Groundperson $32.68 5A 4A Trimmers Kitsap Refrigeration Et Air Conditioning Mechanic $67.47 5A 1 G Mechanics Kitsap Residential Brick Mason Journey Level $17.04 1 Kitsap Residential Carpenters Journey Level $42.86 5D 4C Kitsap Residential Cement Masons Journey Level $30.87 1 Kitsap Residential Drywall Applicators Journey Level $42.86 5D 4C Kitsap Residential Drywall Tapers Journey Level $20.00 1 Kitsap Residential Electricians Journey Level $27.00 1 Kitsap Residential Glaziers Journey Level $60.56 7L 1Y Kitsap Residential Insulation Applicators Journey Level $13.96 1 Kitsap Residential Laborers Journey Level $16.89 1 Kitsap Residential Marble Setters Journey Level $17.04 1 Kitsap Residential Painters Journey Level $19.52 1 Kitsap Residential Plumbers Et Pipefitters Journey Level $21.11 1 Kitsap Residential Refrigeration Et Air Journey Level $17.64 1 Conditioning Mechanics Kitsap Residential Sheet Metal Workers Journey Level (Field or Shop) $28.95 1 Kitsap Residential Soft Floor Layers Journey Level $19.38 1 Kitsap Residential Sprinkler Fitters (Fire Journey Level $27.74 1 Protection) Kitsap Residential Stone Masons Journey Level $55.82 5A 1M Kitsap Residential Terrazzo Workers Journey Level $11.00 1 Kitsap Residential Terrazzo/Tile Journey Level $30.26 1 Finishers Kitsap Residential Tile Setters Journey Level $31.14 1 Kitsap Roofers Journey Level $49.27 5A 3H Kitsap Roofers Using Irritable Bituminous $52.27 5A 3H Materials abouttlank 14/16 11/17/2017 abouttlank Kitsap Sheet Metal Workers Journey Level (Field or Shop) $78.17 7F 1 E Kitsap Shipbuilding Et Ship Repair CARPENTER $19.29 1 Kitsap Shipbuilding Et Ship Repair ELECTRICIAN $25.53 1 Kitsap Shipbuilding Et Ship Repair Heat Et Frost Insulator $67.93 5.1 4H Kitsap Shipbuilding Et Ship Repair Laborer $19.64 1 Kitsap Shipbuilding Et Ship Repair MACHINIST $19.29 1 Kitsap Shipbuilding Et Ship Repair OPERATOR $19.44 1 Kitsap Shipbuilding Et Ship Repair Painter $41.60 6Z 2B Kitsap Shipbuilding Et Ship Repair PIPEFITTER $19.29 1 Kitsap Shipbuilding Et Ship Repair RIGGER $19.29 1 Kitsap Shipbuilding Et Ship Repair Sheet Metal $22.21 1 Kitsap Shipbuilding Et Ship Repair SHIPFITTER $19.29 1 Kitsap Shipbuilding Et Ship Repair WELDER/BURNER $19.29 1 Kitsap Sign Makers Et Installers Journey Level $20.58 1 (Electrical Kitsap Sign Makers Et Installers (Non- Journey Level $11.00 1 Electrical Kitsap Soft Floor Layers Journey Level $47.61 5A 3D Kitsap Solar Controls For Windows Journey Level $11.00 1 Kitsap Sprinkler Fitters (Fire Protection) Journey Level $74.49 5C 1X Kitsap Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) Kitsap Stone Masons Journey Level $55.82 5A 1M Kitsap Street And Parking Lot Sweeper Journey Level $16.00 1 Workers Kitsap Surveyors Assistant Construction Site $59.49 7A 3C 8P Surveyor Kitsap Surveyors Chainman $58.93 7A 3C 8P Kitsap Surveyors Construction Site Surveyor $60.49 7A 3C 8P Kitsap Telecommunication Technicians Journey Level $45.07 7E 1 E Kitsap Telephone Line Construction - Cable Splicer $38.84 5A 2B Outside Kitsap Telephone Line Construction - Hole Digger/Ground Person $21.45 5A 2B Outside Kitsap Telephone Line Construction - Installer (Repairer) $37.21 5A 2B Outside Kitsap Telephone Line Construction - Special Aparatus Installer 1 $38.84 5A 2B Outside Kitsap Telephone Line Construction - Special Apparatus Installer 11 $38.03 5A 2B Outside Kitsap Telephone Line Construction - Telephone Equipment Operator $38.84 5A 2B Outside (Heavy) Kitsap Telephone Line Construction - Telephone Equipment Operator $36.09 5A 2B Outside (Light) Kitsap Telephone Line Construction - Telephone Lineperson $36.09 5A 2B Outside Kitsap Telephone Line Construction - Television Groundperson $20.33 5A 2B Outside Kitsap Telephone Line Construction - Television Lineperson/Installer $27.21 5A 2B Outside abouttlank 15/16 11/17/2017 abouttlank Kitsap Telephone Line Construction - Television System Technician $32.55 5A 2B Outside Kitsap Telephone Line Construction - Television Technician $29.18 5A 2B Outside Kitsap Telephone Line Construction - Tree Trimmer $36.09 5A 2B Outside Kitsap Terrazzo Workers Journey Level $51.36 5A 1M Kitsap Tile Setters Journey Level $51.36 5A 1M Kitsap Tile, Marble Et Terrazzo Finishers Journey Level $12.00 1 Kitsap Traffic Control Stripers Journey Level $44.93 7A 1K Kitsap Truck Drivers Asphalt Mix Over 16 Yards (W. $52.70 5D 3A WA -Joint Council 28) Kitsap Truck Drivers Asphalt Mix To 16 Yards (W. WA- $51.86 5D 3A Joint Council 28) Kitsap Truck Drivers Dump Truck $19.60 1 Kitsap Truck Drivers Dump Truck And Trailer $19.60 1 Kitsap Truck Drivers Other Trucks $18.37 1 Kitsap Truck Drivers Transit Mixer $20.79 1 Kitsap Well Drillers Et Irrigation Pump Irrigation Pump Installer $13.17 1 Installers Kitsap Well Drillers Et Irrigation Pump Oiler $14.08 1 Installers Kitsap Well Drillers Et Irrigation Pump Well Driller $14.40 1 Installers 8L 8L abouttlank 16/16 F-IT'i 1001 MD., AGENCY PERMITS AND CITY RESOLUTION THIS PAGE LEFT INTENTIONALLY BLANK �1y try dHN S11alle of Was'hlhglloni Department Of Fish h ire ii II II ii-f Mailing Address: PO Box 43234, Olympia, WA 98504 3234, (360) 902-2200, FDD (360) 902-220 7 Main Office I.._ocation: Natural Resources Building, 1111 Washington Street SE, Olympia, WA November 28, 2017 City of Bremerton William John Davis 3027 Olympus Dr NE Bremerton, WA 98310-4620 Dear William Davis: SUBJECT: YOUR APPLICATION FOR EAST PARK STORMWATER OUTFALL BEACH PROTECTION, WDFW APPLICATION ID: 13095 On November 8, 2017, Washington Department of Fish and Wildlife (WDFW) first received your application materials for a Hydraulic Project Approval (HPA) for the project referenced above. Your request for a minor modification of your existing HPA has been approved. The project must follow the plans entitled "City of Bremerton East Park Stormwater Outfall, Stormwater Outfall Emergency Beach Repair," submitted November 28, 2017. Habitat impacts will be calculated from these plans and the as -built plans, as provisioned in the original HPA, and mitigation will be agreed upon following project completion. Please attach this letter to your HPA on-site. If you have any questions, please call me at 360-895-4756. Sincerely, Brittany Gordon Habitat Biologist Washington Department of Fish & Wildlife u, HYDRAULIC PROJECT APPROVAL POBox 43234 Hmh, 1,,,,Deua,, Olympia, WA 98504-3234 FISH ad wrr,.DLIFr (360) 902-2200 Issued Date: November 20, 2017 Permit Number: 2017-6-460+01 Project End Date: January 18, 2018 FPA/Public Notice Number: N/A Application ID: 13095 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Bremerton ATTENTION: William Davis 3027 Olympus Dr NE Bremerton, WA 98310-4620 Project Name: East Park Stormwater Outfall Beach Protection Project Description: The construction of the new 36" diameter stormwater outfall was completed in August 2017. Prior to this new outfall, there was an 18" corrugated metal pipe outfall (point discharge) that discharged directly onto the beach into a rocked channel. With the new outfall, stormwater flows down the hill through a 36" HDPE buried pipe and enters a 50' long diffuser pipe with orifices which discharges and spreads the flow on the beach. During the first significant storm event of the year on October 18, 2017, stormwater discharge from the diffuser eroded the beach. The erosion resulted in a silt plume in the Port Washington Narrows, removed earthen cover over an active 24" diameter pipe, and started to undermine a rock wall that supports the diffuser. In order to prevent further erosion and possible damage to City sewer and stormwater facilities, the City is proposing an immediate repair to the beach which includes placing angular rock material to fill in the eroded areas and support the existing rock wall (see attached plan and section). The total estimated volume of material is up to 50 CY and will be scheduled upon agency approval and for the next daytime low tide that allows for construction on the beach. This is a temporary remedy to prevent further erosion during the winter months and will be replaced by more suitable rock (round rock suitable for fish habitat) at a later time. The City will work with our design engineer and WDFW staff to develop and implement a permanent solution that improves habitat while minimizing future erosion. PROVISIONS AUTHORIZED WORK TIMES 1. TIMING LIMITATION: This imminent danger expedited HPA is authorized from November 20, 2017 through January 19, 2018. 2. APPROVED PLANS: Work must be accomplished per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife, entitled "City of Bremerton East Park Stormwater Outfall Stormwater Outfall Beach Repair," submitted November 8, 2017, except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project construction. 3. MITIGATION: Due to the uncertainty of the nature, scale, and duration of impacts from this project and due to the imminent danger that needs to be addressed, a Memorandum of Understanding between WDFW and the City of Bremerton must be in place within 60 days of issuance of this Imminent Danger Expedited HPA. The Memorandum of Understanding must be drafted by the City of Bremerton, signed by WDFW and the City, and must document measures for monitoring and evaluating project impacts and establish a timeline for implementing mitigation actions. 4. POST -CONSTRUCTION MONITORING: Provide as -built plans to the Area Habitat Biologist within 30 days of project completion. These as -built plans must include field benchmarks to show the location (plan -view) of rock placed during construction, and these benchmarks must be maintained to serve post -project monitoring purposes for 5 years. Page 1 of 5 Washington Department of Fish & Wildlife u, HYDRAULIC PROJECT APPROVAL POBox 43234 Hmh, 1,,,,Deua,, Olympia, WA 98504-3234 FISH ad wrr,.DLIFr (360) 902-2200 Issued Date: November 20, 2017 Permit Number: 2017-6-460+01 Project End Date: January 18, 2018 FPA/Public Notice Number: N/A Application ID: 13095 Benchmarks can be survey benchmarks or can be permanent structures, such as buildings or infrastructure. The as- builts must also include the elevation of rock placed during construction. NOTIFICATION 5. PRE- AND POST -CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. The Washington Department of Fish and Wildlife may conduct inspections during and after construction; however, the Washington Department of Fish and Wildlife will notify you or your agent before conducting the inspection. 6. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must upload the photographs to the post -permit requirement page in the Aquatic Protection Permitting System (APPS) or mail them to Washington Department of Fish and Wildlife at Post Office Box 43234, Olympia, Washington 98504-3234 within 30 -days after the work is completed. 7. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife of the problem. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS AND EQUIPMENT 8. Establish the staging area (used for activities such as equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants like petroleum products, hydraulic fluid, fresh concrete, sediments, sediment -laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 9. Limit the removal of native bankline vegetation to the minimum amount needed to construct the project. 10. Retain all natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs, and large rocks. These natural habitat features may be moved during construction but they must be placed near the preproject location before leaving the job site. 11. Check equipment daily for leaks and complete any required repairs before using the equipment in or near the water. 12. Operate vessels with minimal propulsion power to avoid prop scour damage to the bed and marine vegetation habitats. 13. Operate vessels during tidal elevations that are adequate to prevent grounding of the barge. 14. Maintain anchor cable tension, set and retrieve anchors vertically, and prevent mooring cables from dragging to avoid impacts to seagrass and kelp. 15. Do not conduct project activities when the work area is inundated by tidal waters. ROCK BEACH PROTECTION 16. Construct the rock beach protection using 3 -man angular rock and 12 -inch angular rock. 17. Do not stockpile excavated materials containing silt, clay, or fine-grained soil waterward of the ordinary high water line. 18. Prior to tidal inundation, backfill all trenches, depressions, or holes created during construction waterward of the ordinary high water line. Page 2 of 5 Washington Department of Fish & Wildlife u, HYDRAULIC PROJECT APPROVAL POBox 43234 Hmh, 1,,,,Deua,, Olympia, WA 98504-3234 FISH ad wrr,.DLIFr (360) 902-2200 Issued Date: November 20, 2017 Permit Number: 2017-6-460+01 Project End Date: January 18, 2018 DEMOBILIZATION/CLEANUP FPA/Public Notice Number: N/A Application ID: 13095 19. Remove all trash and unauthorized fill in the project area, including concrete blocks or pieces, bricks, asphalt, metal, treated wood, glass, floating debris, and paper, that is waterward of the ordinary high water line and deposit upland. 20. Remove all debris or deleterious material resulting from construction from the beach area or bed and prevent from entering waters of the state. LOCATION #1: Site Name: Port Washington Narrows, bottom of Main Street Main Street, Bremerton, WA 98310 WORK START: November 20, 2017 WORK END: January 19, 2018 IMM 15 - Kitsap 1/4 SEC: Section: SW 1/4 12 Location #1 Driving Directions Waterbody: Wria 15 Marine Township: Range: Latitude: 24 N 01 E 47.580426 Tributary to: Puget Sound Longitude: County: -122.628172 Kitsap There is no address or parcel number associated with the location. Heading north on Warren Avenue Bridge, take the first exit off of the bridge. Circle down on Clare Avenue and take a left onto Lebo Boulevard. Turn right onto Old Wheaton Way and take an immediate right onto Campbell Way. The road down to the outfall is on the left (water side) and unmarked. APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person (s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. Page 3 of 5 Washington Department of Fish & Wildlife u, HYDRAULIC PROJECT APPROVAL POBox 43234 Hmh, 1,,,,Deua,, Olympia, WA 98504-3234 FISH ad wrr,.DLIFr (360) 902-2200 Issued Date: November 20, 2017 Permit Number: 2017-6-460+01 Project End Date: January 18, 2018 FPA/Public Notice Number: N/A Application ID: 13095 All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. Page 4 of 5 Washington Department of Fish & Wildlife u, HYDRAULIC PROJECT APPROVAL POBox 43234 Hmh, 1,,,,Deua,, Olympia, WA 98504-3234 FISH ad wrr,.DLIFr (360) 902-2200 Issued Date: November 20, 2017 Permit Number: 2017-6-460+01 Project End Date: January 18, 2018 FPA/Public Notice Number: N/A Application ID: 13095 A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand -delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Brittany Gordon Brittany. Gordon@dfw.wa.gov 360-895-4756 for Director RIM 11111�w Page 5 of 5 a a �oevs ova NATIONWIDE PERMIT 18 Army Carps of Terms and Conditions of En meers a '� A Seattle District Effective Date: March 19, 2017 A. Description of Authorized Activities B. U.S. Arany Corps of Engineers (Corps) National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401 Certification): General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terns and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Minor Discharges. Minor discharges of dredged or fill material into all waters of the United States, provided the activity meets all of the following criteria: (a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line; (b) The discharge will not cause the loss of more than 1/10 -acre of waters of the United States; and (c) The discharge is not placed for the purpose of a stream diversion. Notification: The permittee must submit a pre -construction notification to the district engineer prior to commencing the activity if. (1) the discharge or the volume of area excavated exceeds 10 cubic yards below the plane of the ordinary high water mark or the high tide line, or (2) the discharge is in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case -specific conditions imposed by the division engineer or district engineer. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, 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 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. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 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, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or 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 perforin work within waters of the United States during periods of low -flow or no -flow, or during low tides. 13. Removal of Temporaiy 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. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre -construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Ri ts. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or triballands. 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 ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre -construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non -Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have "no effect" on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species as 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 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) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Mi rg atga Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures 4 for complying with the requirements of section 106 of the National Historic Preservation Act. If pre- construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non -Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACNP), 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 ACNP 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, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to 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. Miti ag tion. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For wetland losses of 1/10 -acre or less that require pre - construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult -to - replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a 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 minimization or compensatory 0 mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in -lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee -responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee -responsible mitigation. (4) If permittee - responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the 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) through (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)). (5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource 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 (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2 -acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee - responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee -responsible mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long -tern management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimallevel. 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 darn 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 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 terns 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 implementation of 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 activity was done in accordance with the NWP authorization, including any general, regional, or activity - specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(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 activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the prospective permittee must submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will 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 are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre -construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when 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); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non -Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non -Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre -construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the "study river" (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre -construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and 10 must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre -construction notification and result in the loss of greater than 1/2 -acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre - construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre -construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre - construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant 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. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre -construction notifications to expedite agency coordination. District Engineer's Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or maybe contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative 11 adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2 -acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2 -acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of 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 or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case -specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 -acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity -specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity -specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45 -day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a 12 mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1. District Engineers have authority to determine if an activity complies with the terns and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State, unless specified. 1. Proiect Drawings: Drawings must be submitted with pre -construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands, bogs and peatlands, aspen -dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the following NWPs: NWP 3 — Maintenance NWP 20 — Response Operations for Oil and Hazardous Substances NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste In order to use one of the above -referenced NWPs in any of the aquatic resources requiring special protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general condition 32) and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures la through le on Corps website) cannot be authorized by NWP. 4. Commencement Bay: The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 2 on Corps website): NWP 12 — Utility Line Activities (substations) NWP 13 — Bank Stabilization NWP 14 — Linear Transportation Projects NWP 23 — Approved Categorical Exclusions NWP 29 — Residential Developments NWP 39 — Commercial and Institutional Developments NWP 40 — Agricultural Activities NWP 41 — Reshaping Existing Drainage Ditches NWP 42 — Recreational Facilities NWP 43 — Stormwater and Wastewater Management Facilities 13 5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps of Engineers: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post -project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all ife stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all ife stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after -the -fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers, and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case- by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation: Pre -construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case- by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may require compensatory mitigation for temporal effects. 14 9. Magnuson -Stevens Fishery Conservation and Management Act — Essential Fish Habitat Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific salmon, groundfish, and/or coastal pelagic species) that may be affected. If the Corps of Engineers determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson -Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity, Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10. Forage Fish: For projects in forage fish spawning habitat, in -water work must occur within designated forage fish work windows, or when forage fish are not spawning. If working outside of a designated work window, or if forage fish work windows are closed year round, work may occur if the work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW). Forage fish species with designated in -water work windows include Pacific sand lance (Ammodytes hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as pians, approvals, and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN. b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer (temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre - project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN. d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing, and diversity to restore affected functions. A maintenance and monitoring pian commensurate with the impacts, may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. 15 Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment. e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period, contingencies must be implemented, and additional monitoring will be required. This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: none E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts' Regional permit conditions, the following State General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in -water construction activities. Ecology Section 401 review is required for projects or activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology's website. Note: In -water activities include any activity within a wetland and/or activities below the ordinary high water mark (OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology's Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review, applicants must provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the documentation provided to the Corps, as described in National General Condition 32, Pre -Construction Notification, including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, best management practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology's website. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 16 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult -to - replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology Section 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastallagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b) Fens, aspen -dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score > 8 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20 — Response Operations for Oil and Hazardous Substances, NWP 32 — Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate compensatory mitigation must be provided. (a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology's website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, 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 tern. Refer to Wetland Mitigation in Washington State — Part 2: Developing Mitigation Plans (Ecology Publication #06-06-01 lb) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approach such as mitigation banks and in -lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology's website. (b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 17 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in storawater runoff to waters of the State. (a) For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology's current stormwater manual. (b) Following construction, prevention or treatment of on-going storawater runoff from impervious surfaces shall be provided. Ecology's Stormwater Management and Design Manuals and stormwater permit information are available on Ecology's website. 8. State Section 401 Review for PCNs not receiving 45 -day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre -construction notification, the applicant must contact Ecology for Section 401 review prior to commencing work. F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified, if all applicable State General Conditions are met. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom) Specific NWP Response: Ecology concurs that this NWP is consistent with the CZMP. 18 T Op aE srares of • • Regulatory Branch Mr. William J. Davis DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 City of Bremerton 3027 Olympus Drive Northeast Bremerton, Washington 98310 Dear Mr. Davis: November 22, 2017 Reference: NWS -2017-1024 Bremerton, City of (East Park Stormwater Outfall) We have reviewed your proposal for emergency work to place no more than 25 cubic yards of boulders and angular rock waterward of the mean higher high water mark in the Washington Narrows at Bremerton, Kitsap County, Washington. Based on the information you provided to us, we have determined that the work meets the U.S. Army Corps of Engineer's definition of an emergency situation as described in 33 CFR 325.2(e)(4) and appears to meet most of the requirements for Nationwide Permit (NWP) 18, Minor Discharges (Federal Register, January 6, 2017, Vol. 82, No. 4). We are unable to complete a NWP verification at this time but considering the emergency situation, you may proceed with the proposed emergency work provided you: a. Conduct the work in accordance with the attached drawings dated November 22, 2017. b. Apply for after -the -fact authorization to retain and/or modify the work within 60 days from the date of this letter. You must submit a permit application which includes appropriate measures for site clean-up, restoration, revegetation, monitoring and mitigation. Your permit application must also include a Biological Evaluation so that we can complete post project Section 7 Endangered Species Act consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service and Magnuson -Stevens Fishery Conservation and Management Act consultation with the National Marine Fisheries Service. d. Conduct the work in accordance with the attached Nationwide Permit 18 Terms and Conditions. -2 - If human remains, historic resources, or archaeological resources are encountered during construction, all ground disturbing activities shall cease in the immediate area and you shall immediately (within one business day of discovery) notify the Corps, Seattle District, Regulatory Branch. You shall perform any work required by the Corps in accordance with Section 106 of the National Historic Preservation Act and Corps regulations. We are unable to determine whether or not your project will require individual Water Quality Certification (WQC) and/or a Coastal Zone Management (CZM) consistency determination response from the Washington State Department of Ecology (Ecology). Please contact Ecology regarding these requirements at: Washington Department of Ecology, Federal Permit Coordinator, P.O. Box 47600, Olympia, Washington, 98504-7660; telephone: (360) 407-6068; or email: ecyrefedpermits@ecy.wa.gov. Please note that under Section 9 of the Endangered Species Act it is unlawful for anyone to take a listed species or to significantly modify its habitat. This applies to private parties on public or private land. The term "take" is defined to include harass, harm, injure, or kill. Violations of Section 9 are punishable by civil and criminal penalties. By allowing you to proceed with the emergency work, we are not allowing you to take any listed species or their habitat. We will be contacting the Suquamish Tribe and will inform you if they have concerns about the project. If you do not comply with these requirements, we may take appropriate enforcement action regarding the emergency work. Please not that this letter is not a permit. As described in this letter, you must apply for a permit to authorize the work. Thank you for contacting us in a timely manner about your emergency situation. If you have any questions about this letter, please contact me at jerald.j.gregory@usace.army.mil or at (206) 764-6665. Sincerely, Jerald J. Gregory, Project Manager Regulatory Branch (Enclosures) V 13 [ V, e ,,, I I\I , I I.eq, tnn n/v\zo , I I I I I I I_ 0 8R �m 9\ a��s9go=� 11 maN< 0 / m> / 1 IuT"�pN� 'z mooQuo= ogom / a=5. �� x r/ N �� / / "PSI $ x 9 m =nAa �p r9� oom RN \ mid 1 A - 0 1 / a ? - - m za ICE a o=oa R^ aE�8 gQ N9 �£ %�o m u� zog m A�of =8 > a�nos aim= On _ 0 b f �' - _ � am m o age 2Z O z _ ou p n N mf f f F m "), 0 J U1 x f x r z o m z J y 4 o aR 9 m H CITY OF BREMERTON °AiE o ^ y Kirsra courvtt wnsnirvcrory rvoreo N � � EAST PARK STORMWATER OUTFALL GRAwn: SEI Q TT 43,Y'Ay UG 08bOIZ1P,�111C. STGRMWATER OUTFALL CHECKED: BPB CONSULTING ENGINEERS EMERGENCY BEACH REPAIR Na. RENSIGN DATE oR nNx �Nx op oa $ n A �� m o A A O � D N � m m N H � 2 APP° MPROYEG: BPB c, e�nc� e�v're�xia Chal Martin — Director Public Works & Utilities 100 Oyster Bay Ave. N. Bremerton, WA 98312 lq F •� ��I 345 6th Street, Suite 104 Bremerton, 98337-1873 Telephone: 360-473-6289 360-473-5278 RE: Emergency Shoreline Exemption — East Park Stormwater Outfall issuedevents associated with the East Park Stormwater Outfall facility. This Shoreline Exemption is under the authorityof A I • permanent solutionbe found. ' . - • - - • • • • - • • - - . • - * - • • . - • • - - - - Pr-ROTYAr. RX1101w 9 •' • • • • - - • • - • - . - • Chapter 7.030 •, • -• for • Net Loss of s s•Functions Chapter91:0Shoreline.• • Ryan E. Crater, Senior Planner, is currently working with Ecology's Shoreline Section and will have comments submitted to your Department early next week as it relates to the emergency solution being proposed to address the beach erosion. We look forward to working with you to help resolve this situation. �ncer,AIC' HILARY S. FRANZ COMMISSIONER OF PUBLIC LANDS November 17, 2017 Mr. William Davis, P.E. Department of Public Works & Utilities, Engineering Division City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Subject: Easement Agreement No. 51-089890 Dear Mr. Williams: DEPARTMENT OF NATURAL RESOURCES SOUTH PUGET SOUND REGION 950 FARMAN AVENUE N ENUMCLAW, WA 98022-9282 360-825-1631 TRS 711 SOUTH PUG ET„REGION@DNR,WA GOV WWW. DNR,WA.GOV Please consider this letter a formal response to your request for permisison to conduct emergency repair work on easement 51-089890. You are granted permission to perform emergency repair work on the beach within DNR easement 51-089890, as described in your 11/15/17 email. Please submit as built drawings, photos, and copies of permits upon completion. Sincerely, (ti /\ Trina Sunderland, Land Manager Shoreline District Aquatics (206) 455-1014 `� PRINTED ON RECYCLED PAPER. DNR IS AN EQUAL OPPORTUNITY EMPLOYER. RESOLUTION NO. 3298 A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring an emergency at the East Park storm water outfall, waiving any competitive bidding requirements, and authorizing necessary contracts to address the emergency. WHEREAS, excessive erosion has occurred on the beach below the newly constructed East Park storm water outfall which is jeopardizing an existing sewer beach main and the storm water outfall itself; WHEREAS, said erosion could result in the loss of the sewer main and the storm water outfall if immediate action is not taken; WHEREAS, environmental permits are being expedited by the Corps of Engineers, the Washington Department of Fish and Wildlife, and the Department of Natural Resources to allow for the stabilization of the beach below the outfall; WHEREAS, RC W 39.04.280(1)(e) authorizes municipalities to waive competitive bidding requirements for public works "in the event of an emergency", WHEREAS, an emergency is defined at RCW 39.04.280(3) as unforeseen circumstances beyond the eontrol of the municipality that will likely result in a material loss or damage to property if immediate action is not taken. WHEREAS, the City Council may grant the Mayor and the Mayor's designee the authority to enter into emergency public works contracts, and waive any competitive bidding requirements; NOW THEREFORE, THE CITY COUNCIL. OF THE CITY OF BREMEWI'ON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The findings above are incorporated as if fully set forth herein. SECTION 2. The excessive erosion at the East Park storm water outfall is an emergency as defined by state statute, and any or all competitive bidding requirements under state law are waived. SECTION 3. The Mayor and the Mayor's designee are authorized to enter into the necessary public works contracts to address the emergency at the Fast Park storm water outfall in an amount not to exceed $200,000 for all contracts. Page 1 of 2 Resolution East Park Storm Water Outfall Rey. 0512017 SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage? PASSED by the City Council of the City of Bremerton, Washington this A day of November. 2017. APPROVED AS TO NORM: R 'ER A. LUBOVICH, City� x. ERIC Y[3 GER, cil President ATTEST: r SHANNON GRIN, City Clerk R:ll.egall[,egallResolutions\Public Works\Outfall Resolution.doc Page 2 of 2 Resolution East Park Storm Water Outfall Rev. 05/2017 CONSTRUCTION FORMS THIS PAGE LEFT INTENTIONALLY BLANK J Q F- F- '^ /A 0 Z Q N a 0 A Z 0 N W 5.W m LL 0 F - E5 L•: N m Z Z C � U 7 U U C � Of > o N 0- 0 0 Z U N L C 0 U T � N N a EO N m E U � N cn cn D N E E Q � U c Y O N E Z O U U C: o O d Y Z X H W cn N E 0--c O =; U U E O U E2 O c c � O U d O U U7 N N d E O U N m 0 C c U (6 ) a a O Nz �- E 0- C C m Y E N N m E O 1E t 0- LO 0 U V N N N .N O N O � 0U N N N N O N � [6 V1 Y O O 0 0 3 0- Q) , t O 0) m E U O � O E D D 0) 0- L) O O 'U O ID N N a o c [6 ° w CITY OF BREMERTON REQUEST FOR INFORMATION Log No. Project Title: Contractor: Project No.: Contract Date: (For Contractor's Use) Date: Subject: Information Description: Contractor's Authorized Signature: (For Owner's Use) Date: Subject: Information Description: Owner's Authorized Signature: (Unique, Chronological) CITY OF BREMERTON WORK CHANGE DIRECTIVE (WCD) WCD #: Date: Project Name Project #: Contractor: Notice to Proceed Date: YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: ❑ Unit Price ❑ Contractor's Records ❑ Lump Sum ❑ Engineer's Records ❑ Time & Materials ❑ Other: ❑ Other: Estimated increase (decrease) in Contract Price 41 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. RECOMMENDED: CONTRACTOR 0 PAGE 1 OF 1 Estimated increase (decrease) in Contract Times: Substantial Completion: 0 days; Ready for final payment: 0 days; If the change involves an increase, the estimated times are not to be exceeded without further authorization. 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