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AG 99-097 CITY {3f FEDERAL WAY LAW DEPARTMENT ,. o,,,.,,,,,.,.~ ,~,.-r.,,,v... .C'~.~/,O/,,~,,_ 'l AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND CITY OF TACOMA PUBLIC UTILITIES BOARD FOR MITIGATION OF WATER SUPPLY PIPELINE IMPACTS THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day by and between the City of Tacoma Public Utilities Board ("Tacoma"), and the City of Federal Way ("Federal Way") (collectively, the "Parties"). RECITALS A. Tacoma is preparing to construct a second water supply line to provide municipal water service to Tacoma, South King County, and the Lakehaven Utility District ("Pipeline"), and B. Approximately 4.3 miles of the 33.5 mile length of the Pipeline will be located within Federal Way, and C. The construction of the Pipeline will result in disturbance and impacts to various environmentally sensitive areas, street and utility infrastructure, and other public facilities within Federal Way, and D. The Parties desire to enter into a Comprehensive Mitigation Plan ("CMP"), attached hereto as Exhibit "A" and incorporated herein by this reference, in order to define and clarify the Pipeline project, establish a commitment by Tacoma to construct the Pipeline in a manner specifically detailed in the CMP, and to outline Tacoma's construction mitigation requirements, and E. On April 4, 1995, the Federal Way City Council reviewed, approved the CMP, and authorized the City Manager to enter into said agreement, and F. On April 26, 1995, the City of Tacoma Public Utilities Board reviewed and approved the CMP, and G. Tacoma, as lead agency for environmental compliance under the State Environmental Policy Act ("SEPA") has prepared several Environmental Impact Statements ("EIS") for the Pipeline project. Federal Way will agree to accept the EIS's and Tacoma's commitment to the CMP as sufficient to satisfy the requirements of SEPA, and lnterlocal Agreement Page 1 Pipeline Impacts H. Chapter 39.34 RCW, the Interlocal Cooperative Act, authorizes agreements between jurisdictions, NOW, THEREFORE, it is agreed by and between the Parties as follows: 1. Purpose. The purpose of this Agreement is to establish a commitment by Tacoma to construct the Pipeline in a manner specifically detailed and described in the CMP. The CMP is intended to provide detailed requirements to mitigate short and long term effects from Pipeline construction. 2. Agreement to be Bound by Provisions of the CMP. In order to facilitate the stated purposes of this Agreement, the Parties agree to be bound by the provisions of the CMP. 3. Term. This Agreement shall remain in effect until all of Tacoma's obligations set forth in the CMP have been fulfilled. 4. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 5. Financing. Each Party shall bear their own costs in performing this Agreement. 6. Annual Review. Tacoma and Federal Way agree to annually review the effectiveness of this Agreement no later than March 1, of each year. Representatives for each jurisdiction shall be the Federal Way Community Development Services Director, and/or his or her designee; the Tacoma Director of Public Utilities, and/or his or her designee; one environmental planner from each jurisdiction, and/or his or her designee; and at the option of the parties, an attorney for each jurisdiction. The date for the meetings will be scheduled by mutual agreement between the respective Directors. The review committee will meet to consider and recommend any changes to this Agreement, if any may be needed. Any change to this Agreement shall be presented to the appropriate governing bodies for approval. 7. Filing. A copy of this Agreement shall be filed with the Secretary of State, the City Clerks of Federal Way and Tacoma, and the Pierce and King County Auditors; provided, however, failure to file shall not affect the validity of this Agreement. 8. Indemnification. Tacoma agrees to indemnify and hold Federal Way, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of Tacoma, its elected officials, officers, employees, agents, and volunteers, or by Tacoma's breach of this Agreement. Federal Way agrees to indemnify and hold Tacoma, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of Federal Way, its elected officials, officers, employees, agents, and volunteers, or by Federal Way's breach of this Agreement. Interlocal Agreement Page 2 Pipeline Impacts The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Failure to Comply. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or is required to file a judicial or administrative appeal, or files a lawsuit, each party shall pay all its own attorneys' fees, costs, and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 10. General Provisions. This agreement and the attached Exhibit "A" contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreement shall be effective for any purpose. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement this day of~,~, 1999. CITY OF FEDERAL WAY CiTY OF TACOMA PUBLIC UTILITIES By~ By~//'} ~ ~/~ Mark Crisson City Manager Director of Public Utilities APPROVED AS TO FORM: APPROVED AS TO FORM: BY ~/:~ ~ ; ft-~,' By ~~ Londi K. Lindell Mark Bubenik City Attorney Chief Assistant City Attorney ATTESTATION: ATTESTATION: N. Christine Green, CMC Cl~-r~-o~ the Board - City Clerk K ~INTERLCLkPIPES\TAC WPD lnterlocal Agreement Page 3 Pipeline Impacts MEETING DATE: April 4, ............. 1995 ITEM// CITY OF FEDERAl, WAY City Council AGENDA ITEM SUBJECT: Tacoma Public Utilities Second Supply Project (Pipeline No. 5) Comprehensive Mitigation Plan CATEGORY: BUDGET IMPACT: X CONSENT RESOLUTION Amount Budgeted: $0 ORDINANCE STAFF REPORT Expenditure Amt: $0 BUSINESS PROCLAMATION Contingency Reqd: $0 HEARING STUDY SESSION FYI OTHER ATTACI-IMENTS: 1) March 13, 1995 staff memorandum 2) City of Federal Way Comprehensive Mitigation Plan for The City of Tacoma Second Supply Project 3) Vicinity map SUMMARY/BACKGROUND: Consider adoption of a Comprehensive Mitigation Plan CCMP ~) for construction of the City of Tacoma's Second Supply Project as a second water supply line providing municipal water service to Tacoma, south King County, Seattle and Lakehaven Utility District. The CMP provides definition and clarification of the project and establishes a commitment by Tacoma to construct the pipeline in a manner specifically detailed in the CMP. The CMP identifies responsibilities of Federal Way and Tacoma and outlines 122 construction mitigation requirements for the project. Refer to the attached March 13, 1995 staff memorandum. CITY COUNCIL COMMITYEE RECOMMENDATION: The City Council Land Use and Transportation Committee considered this item on March 20, 1995 and recommended City Council approval of the Comprehensive Mitigation Plan for City of Tacoma's Second Supply Project as proposed and authorize the City Manager to enter into the agreement with Tacoma. CITY MANAGER RECOMMENDATION: City Council approval of the Comprehensive Mitigation Plan for City of Tacoma's Second Supply Project as proposed and authorize the City Manager to enter into the agreement with Tacoma. ~ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) C~pRIL ACTION: OVED DENIED COUNCIL BILL # TABLED/DEFERRED/NO ACTION ORDINANCE # RESOLUTION # d 10:pScc.wp CITY OF FEDERAL WAY COMPREHENSIVE MITIGATION PLAN for THE CITY OF TACOMA SECOND SUPPLY PROJECT (PIPELINE NO. 5) March Z0, I995 EXHIBIT j PAGE._____OF._.__. TABLE OF CONTENTS SECTION I - BACKGROUND SECTION II - AGREEM~.NT SECTION ]III - CONSTRUCTION MITIGATION REQUIREMENTS ............. 7 A. Construction Monitoring Mitigations ......................... 7 B. Erosion & Sedimentation Control Mitigations ................... 9 C. Historical/Cultural Resources Mitigations ..................... 12 D. Materials Handling .................................. 13 E. Public Information Mitigations ........................... 14 F. Roadways, Parks and Utility Mitigatio0s ..................... 15 G. Soils Mitigations .................................... 17 H. Waterway Crossings & Fisheries Mitigations .................. 18 I. Wetlands, Plants & Animals Mitigations ..................... 20 SECTION I - BACKGROUND A. The City of Tacoma ("Tacoma"), Department of Public Utilities, Water Division is proposing to construct the Second Supply Project to provide municipal water to the City of Tacoma, South King County, and the City of Federal Way ("Federal Way"). The proposed pipeline will be approximately 33 miles long, sized to transmit water for which Tacoma has established water rights, extending westward from the headworks of the Green River, near the City of Enumclaw and Howard Hanson Dam, through the cities of Black Diamond, Auburn and Federal Way, terminating near the Portland Avenue Reservoir in Tacoma. B. Federal Way is responsible for administering environmentally sensitive areas regulations, the King County Surface Water Design Manual (as adopted by Federal Way), and clearing, grading, land use and right-of-way ordinances within Federal Way. Federal Way, in consultation with Tacoma, has developed a Comprehensive Mitigation Plan ("CMP") that includes detailed construction mitigation requirements for Tacoma's Second Supply Project, which are outlined in Section 1121 of this CMP. C. Federal Way and Tacoma recognize that the CMP is a negotiated planning tool that will need to be interpreted and integrated with Federal Way ordinances and regulations. Additional project specific conditions and requirements may be defined through Federal Way's approval and permitting process. This CMP is a guideline for completing SEPA mitigation for this project within the City of Federal Way. March 20, 199.5 I Comprehensive Mitigation Plan SECTION H - AGREEMENT 1. As part of protecting the natural environment which all parties to this agreement share, Tacoma is responsible for and shall provide for the successful implementation of construction mitigation as outlined in Section l/I of this CMP. Included are mitigation measures related to: a. Construction Monitoring Mitigations; b. Erosion and Sedimentation Control Mitigations; c. Historical/Cultural Resources Mitigations; d. Materials Handling and Air Quality Mitigations; e. Public Information Mitigations; f. Roadways, Parks and Utility Mitigations; g. Soils Mitigations; h. Waterway Crossings and Fisheries Mitigations; and i. Wetlands, Plants and Animals Mitigations. 2. Federal Way agrees to accept the environmental documents submitted to date, and Tacoma's commitment to the Comprehensive Mitigation Plan ("CMP"), as sufficient to satisfy the requirements of the State Environmental Policy Act ("SEPA"). 3. Indemnity Tacoma shall protect, defend, indemnify, and hold harmless Federal Way, its officers, employees, and agents from any and all costs, claims, judgements, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Tacoma, its officers, employees, and/or agents related to performing this contract. Tacoma agrees that the obligation to protect, defend, indemnify, and hold harmless Federal Way and its agents and employees under this subparagraph extends to any claim, demand or cause of action brought by or on behalf of any employee of Tacoma against Federal Way, its officers, agents, or employees and includes any judgment, award, and cost arising therefrom, including attorney's fees. Federal Way shall protect, defend, indemnify, and hold harmless Tacoma, its officers, employees, and agents from any and all costs, claims, judgements, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of Federal Way, its officers, employees, and or agents related to performing this contract. Federal Way agrees that the obligation to protect, defend, indemnify, and hold harmless March 20, 1995 2 Comprehensive Mitigation Plan b. The following mitigation measures shall be implemented prior to beginning on- site construction activities: A.1, A.4, A.5, B.12, B.13, B.14, B.15, B.16, B.17, B.18, D.4, D.6, E. 1, E.2, E.3, G.1, G.4, H.7, H.15, H.16, H.17, 1.2, 1.11, 1.29, 1.32, 1.38 c. The following mitigation measures shall be implemented prior to operation of the pipeline: B.25, F.5, H.12, 1.14, 1.28, 1.37 d. All other mitigation measures shall be implemented as specified in Section ~I of the CMP. 7. Federal Way and Tacoma recognize the importance of the Second Supply Project and the benefit of working together to assure the maximum possible benefit to the environment through implementation of a successful mitigation plan. The Comprehensive Mitigation Plan establishes both specific construction mitigation requirements and guidelines for development of erosion/sediment control, restoration, and revegetation plans during construction. During the pre-application and permitting process, Federal Way and Tacoma desire to streamline the review process to avoid delays and minimize administrative costs. In order to facilitate effective and timely implementation of the CMP, the parties agree to the following steps: (a) The CMP negotiating team will meet with permit staff from Federal Way and design staff and consultants from Tacoma to brief them on the content of the CIVlP; (b) Tacoma will designate a design and permit compliance team with a designated leader; (c) Federal Way will designate a permit staff team with a designated leader to facilitate permitting and approval processes and assure Federal Way's support and cooperation in securing permits and approvals; (d) Federal Way will vest the current permitting process for three (3) years from the date of this agreement; (e) Tacoma will develop and submit a project design and construction schedule, and Federal Way will use its best efforts to work with Tacoma to achieve permitting deadlines that will facilitate project completion within the proposed schedule; (f) Federal Way and Tacoma shall mutually develop a permitting process within 30 days after execution of this agreement. A noninclusive list of required permits, data, procedures, and processing times is presented in Table I. Mar& 20. 1995 4 Comprehensive Mitigation Plan (g) Given the complexity of the project, disputes may occur. The designated leaders of Federal Way's permit staff team and Tacoma's permit compliance team, respectively, shall attempt to resolve those disputes on a mutually acceptable basis. Should the team leaders be unable to resolve a dispute, they will request the Public Works Director of Federal Way and the Program Manager of Tacoma to facilitate an agreement. (h) Prior to issuance of Federal Way construction permits, Tacoma shall enter into a franchise or interlocal agreement with Federal Way, in a form and content mutually acceptable to Federal Way and Tacoma, authorizing use, construction and maintenance of the pipeline within public rights-of-way. 8. Tacoma intends to submit to Federal Way a complete application for zoning approval for the Second Supply Project within three years from the date the Comprehensive Mitigation Plan is approved by Federal Way. If Tacoma has not submitted an application for zoning approval within the stated time frame, then Federal Way may, if determined by Federal Way to be necessary, submit to Tacoma a written request in the form of a letter with supporting documentation requesting modification of the approved CMP. The letter and documentation will identify any changed condition affecting the CMP which Federal Way wishes to have discussed. The CMP will then be amended in accordance with Section 11.4 Changes ia a manner mutually agreeable to the City of Federal Way and Tacoma prior to Federal Way processing zoning approval application. March 20, 1995 6 Comprehensive Mitigatian Plan SECTION III - CONSTRUCTION MIT/GATION REQUIRENIENTS A. Construction Inspection Mitigations 1. Tacoma shall reimburse Federal Way for the reasonable cost of consultant and/or staff services of environmental and/or public works inspectors. Inspectors shall be selected by and accountable to Federal Way. Prior to construction, Tacoma and Federal Way shall develop a mutually agreeable scope of services for these inspectors. The environmental inspector shall be utilized on this project only during construction through wetlands, streams, steep slope areas, and their setbacks. The Public Works inspector shall be utilized on this project during construction within public rights-of-way and as reasonably necessary to assure compliance with this CMP and approved plans. 2. Federal Way staff shall be on call to inspect, at reasonable times, construction sites at the request of either inspector. Tacoma shall reimburse Federal Way for the reasonable costs of staff time for site inspection and administration. 3. Within thirty days of submittal of appropriate billing, Tacoma shall fully reimburse Federal Way for consultant and staff time associated with site inspection, including direct and indirect expenses. 4. Prior to working in sensitive areas, such as wetlands and wetland buffers, riparian zones and their buffers, steep slopes, landslide, seismic, and erosion zones, and drainage areas, Tacoma's resident engineer and Federal Way's environmental and/or public works inspector, as appropriate, shall meet with the general contractor to review the Contractor's approach to the work and the environmental mitigation plan and mutually decide on the level and frequency of on-site inspections. Tacoma and Federal Way shall mutually determine whether additional inspectors are required at Tacoma's expense. 5. The environmental and/or public works inspector, as appropriate, shall be responsible for informing the Contractor as to the importance of minimizing construction impacts on sensitive areas which in no case shall eliminate Tacoma's responsibility for full environmental compliance. 6. Federal Way shall have the authority to replace their inspectors as necessary. 7. Tacoma retains the responsibility of advising Federal Way at all times of any problems associated with the construction of this project within Federal Way. 8. In case of excessive erosion and siltation which adversely affects fisheries and wetland resources during the course of pipeline construction, Federal Way requests immediate consultation between Tacoma and the agencies responsible for managing the fisheries and wetland resources. This consultation shall result in immediate correction of the problem and/or if necessary a shutdown in that portion of the project while remediation is occurring. March 20, 1995 7 Comprehensive Mitigation Plan 9. All portions of the pipeline located in Federal Way shall be constructed underground. March 20, 1995 8 Comprehensive Mitigation Plan B. Erosion & Sedimentation Control Mitigations 1. In consultation with appropriate Federal Way departments, Tacoma shall establish a pre- qualification process for any contractors bidding on the pipeline construction in sensitive areas. 2. Tacoma's Self Insurance Claim Fund, in a form mutually acceptable to Federal Way and Tacoma, shall be available for valid claims by Federal Way for construction mitigation performance to assure that revegetation, stabilization, and drainage patterns are established as intended. This fund shall remain in effect for a five-year post construction monitoring period, and shall be extended in the event that post-constxuction stabiliTation is not completed within the post-constrnction monitoring time frame. 3. Tacoma shall develop site-specific erosion control plans as part of the overall master Erosion Sedimentation Control ("F_3C") Plan which shall be approved by Federal Way. 4. The ESC Plan shall be the coordinated effort of civil and geotechnical engineers as well as construction management specialists with particular expertise in erosion and sedimentation control. 5. The ESC Plan shall focus particular attention on stream and wetland improvement measures which will make the shoreline area more attractive to fish and wildlde. Construction measures to improve habitat quality is recommended. 6. Tacoma sha~l provide as part of the ESC Plan a description of all erosion control measures to be implemented, along with a list of the number, and technical specifications of each item. 7. A detailed monitoring plan shall be included in the F_3C Plan, and shall include monitoring of local drainage patterns and evaluation of the restored habitat conditions. 8. The ESC Plan shall include a description of construction practices if underground springs are encountered. 9. All sediment control measures (e.g., siltation fencing) shall be maintained until the vegetation is sufficiently re-established to control all potential erosion which could result from surface water mn-off. 10. Special F_SC measures shall be planned, implemented and maintained for stockpiled and/or spoiled materials. 11. The duff/organic layer of the soil removed during clearing and grubbing most likely will include the root mat of herbaceous and young woody plants and is not suitable for backfilling. This material shall be reused on-site or disposed of in an approved/permitted manner. If the organic topsoil is free of weedy species and suitable for finish grading March 20, 1995 9 Comprehensive Mitigation Plan as topsoil, the material may be stockpiled and regraded as topsoil throughout the construction area. 12. At all times, the contractor(s) shall have an on-site stockpile of extra ESC material (straw bales, filter fence, gravel, crushed rock, etc.) as well as extra equipment (bulldozers, backhoes, pumps, etc.) as back-ups in case emergency situations arise. 13. A full-time evactor truck shall be present during construction in and near all wet areas to remove mud and silty water. 14. Adequate quantities of oil absorbent pads and booms shall be on hand at all times to absorb inadvertent spills of oil and other deleterious chemicals from construction equipment. 15. Prior to and throughout construction, all wet areas within the construction zones shall be isolated by silt fencing or equivalent or better methods and flows diverted around the construction zone. 16. Prior to and throughout construction, all environmentally sensitive areas off-limits to heavy equipment shall be fenced off with orange demarkation fencing or better methods. 17. Tacoma shall use small heavy equipment (i.e., bobcat sized bulldozers) for finish grading to restore impacted wetlands to their original contour elevations. 18. Construction access points shall be rocked or otherwise surfaced to reduce tracking of mud or dust onto public or private roadways. 19. Crushed rock shall be used in check dams, possibly in various sizes to meet ditch velocity and sediment trapping requirements, and shall be replaced before the pore spaces are filled with sediment. 20. Wells are the preferred method of dewatering trenches during construction. Water from these wells shall be piped to the nearest def'med drainage channel. To reduce sediment in water pumped directly from the trenches, the following measures shall be applied (when site conditions allow): a. place crushed rock in the bottom of trenches immediately after excavation. If possible, excavate a depression in the down-gradient portion of the trench to collect water before removal; b. depending on the site, sediment-laden water from trenches shall be dispersed over vegetated areas outside of sensitive area buffers or the sediment shall be settled in temporary storage facilities, and only clean water discharged to drainage channels. 21. Sedimentation ponds shall not be viewed as the final treatment of sediment-laden water. Additional treatment shall be considered where fine-textured soils are expected. March 20, 1995 10 Comprehensive Mitigation Plan 22. Special consideration shall be given to minimizing disturbance of soils high in silt/clay content, and controlling turbidity in those areas where disturbance is necessary. 23. Bare ground resulting from pipeline construction shall be replanted or covered from October 15th to April 15th of each Water Year. 24. All disturbed areas shall be vegetated with appropriate native plant species which will not interfere with the existing plant communities adjacent to the pipeline corridor. 25. All cleared areas (exclusive of BPA right-of-way) shall be hydroseeded and revegetated with appropriate native plant species in sufficient planting densities to recreate the original plant community prior to construction. 26. Tacoma shall prepare a revegetation plan to be approved by Federal Way prior to construction. Revegetated areas shall be maintained as required to achieve the targeted vegetation survival goal in the revegetation plan. Revegetation shall occur during fall and spring planting seasons to assure the optimum plant survival. 27. The revegetation plan shall require replanting of all disturbed areas prior to entering the winter season. 28. Tacoma shall provide a map that shows: a. Cleared areas; b. all impervious surfaces, including streets and access roads, compacted earth areas, and graveled areas; c. existing erosion problem areas, including areas currently subjected to unauthorized use. 29. Contractor shall use trench dams in construction through wetlands, streams and steep slopes to prevent migration of water from the area where necessary. March 20, 1995 11 Comprehensive Mitigation Plan C. Historical/Cultural Resources Mitigations 1. Federal Way shall be notified in the event of a discovery of cultural resources. 2. Native American cultural resources are significant and shall be protected. The Muckleshoot, Puyallup and Duwamish Indian Tribes shall be notified whenever cultural resources a_re discovered and construction shall be halted at the site of discovery until the Washington State Office of Archaeology and Historic Preservation authorizes resumption. The federal Native American Religious Freedom Act must be taken into account. "Sacred sites" shall not be culturally modified, and artifacts shall not, at least physically, be modified. 3. Federal Way understands that under Section 106 of the National Historic Preservation Act (NItPA) the Mucldeshoot Indian Tribe qualifies only as an "interested party". However, because of the sensitivity of this topic, Federal Way recommends to the Corps of Engineers, the Washington State Historical Preservation Officer, and the federal Advisory Council on Historic Preservation that the Mucldeshoot Tribe be granted "consulting party" status with signatory involvement within the framework of Section 106 of the NI-IPA. March 20, 1995 12 Comprehensive Mitigation Plan D. Materials Handling 1. Tacoma shah provide a memorandum of understanding stating that they will pay for clean-up and restoration of roadways performed by Federal Way Public Works and/or its agents when Tacoma's contractor(s) leaves them in a hazardous condition and does not have manpower or equipment available to do the clean-up in a timely manner. These costs shall include all labor, equipment, and overtime as necessary. This provision does not modify Tacoma's obligation to clean-up construction debris resulting from construction. 2. Any stream enhancement plan shall include the method of cleaning root wads, etc. 3. All trench backf'til shall be clean (free of deleterious material). Native material returned to the trench shall be free of contaminants. 4. Tacoma's project specifications shall require that the contractor notify Tacoma and,to~ Federal Way of the source of backfill materials. Inspection during construction will monitor source and quality. 5. The Hazardous Waste Plan for the pipeline project shall include the methodology to replace contaminated stream bed material in case of a spill. 6. Tacoma shall provide documentation to Federal Way which identifies: 1) permitted disposal sites for excess material and organic debris; 2) the borrow sites or extraction pits for the specified materials; and 3) the truck routes to be used for haul to and from the site of all materials. March 20, 199.5 13 Comprehensive Mitigation Plan E. Public Information Mitigations 1. Tacoma shall hold a public workshop(s) for the citizens of Federal Way on the final project design and mitigation plans. 2. Information specific to the overall plan and the phases of construction impacting Federal Way shall be readily accessible. 3. Tacoma shall provide a Hot Line, (preferably an "800" phone number), to be staffed 24 hours a day. This Hot Line shall have a direct link with the inspectors at the site and Federal Way inspectors, and response to trouble calls shall be immediate if conditions dictate. Written records of trouble calls shall be kept, and be made available to agencies with jurisdiction within no more than two weeks from the date of the call. The Hot Line phone number shall be conspicuously posted at each construction site and provided to Federal Way departments. March 20, 1995 14 Comprehensive Mitigation Plan F. Roadways, Parks and Utility Mitigations 1. Tacoma shall develop a mitigation plan that addresses trail restoration for trails that may be impacted by the pipeline project to restore the trails crossed by the pipeline to as good or better condition when their work is completed. Such plans shall be approved by the Federal Way Parks Department. In the event trail restoration is determined by Federal Way to be unfeasible, Tacoma shall be required to replace the trail as necessary. 2. Tacoma shall convey to Federal Way transportation and utility corridor easements over all property in the Federal Way portion of the pipeline right-of-way that Tacoma now owns in fee or in future may acquire in fee. For all Tacoma pipeline easements required to be obtained by the City of Tacoma for property not owned in fee by Tacoma, Tacoma shall specify that all easements shall be non-inclusive to the extent that the easements do not interfere with the ability of Federal Way to obtain a compatible trail easement at the same location. 3. Tacoma shall not object to any compatible use or development (as determined by Tacoma) of pipeline easement by Federal Way. For all Tacoma pipeline easements on property not owned by Tacoma in fee, Tacoma shall not object to Federal Way obtaining a separate easement for compatible activities. 4. Tacoma shall design and construct the pipeline in a manner which minimizes conflicts with existing and future public utility and public construction projects, and private utility and construction projects which serve the public interest. Currently identified projects which may be potentially affected by the Seccind Supply Project include, but are not limited to: · BPA Trail (all phases) from 1-5 to King/Pierce County Line · 23rd Avenue S. widening and storm drainage upgrades · SeaTac Mall detention facilities enhancement (WH10-CIP-02) · Pacific Highway S. widening · 1 lth Place S. extension into Celebration Park · BPA diagonal roadway (Pacific Highway S. to SW 344th Street) · SW Campus Drive widening · 10th Avenue SW extension (north) · 12th Avenue SW extension (north) · SW 351st Street extension (east) to SW 352nd Court Tacoma shall be responsible for payment of relocation or modification costs associated with existing public facilities which are impacted by the location of the pipeline. 5. Federal Way is in the process of developing a pedestrian/bike trail within the City of Federal Way as recommended in the June 30, 1991 'Federal Way/BPA Pedestrian/Bike Trail Final Report'. Some sections of this 12-foot wide paved trail have been constructed or will be under construction in the near future. Other sections are in the design or planning stage at this time. March 20, 1995 15 Comprehensiw, Mitigation Plan Tacoma agrees to support and cooperate with Federal Way in developing this trail system within Federal Way in areas which lie within the Second Supply Project right-of-way. Tacoma agrees to: · Restore the existing pedestrian/bike trail following pipeline construction wherever pipeline construction impacts the existing trail. · Leave the temporary pipeline construction roadway in place for re-use by Federal Way as part of their trail system within Federal Way city limits from S.W. 356th Street, south to the Pierce County line. Following construction, the temporary pipeline construction roadway will be left in a smooth, bare earth, self-draining, even surface condition, free of ruts and potholes. It is anticipated that backblading by a track driven dozer, or equivalent equipment, will be used to accomplish the finished surface. Vehicular traffic from pipeline construction will not be allowed on the roadway following finishing of the surface. · Make comparable funds available to Federal Way for trail construction in lieu of funds which Tacoma would spend on removal of certain temporary pipeline construction measures and restoration of the disturbed construction corridor. An estimate of comparable funds required for this work is $3,000. Tacoma's payment to Federal Way shall occur immediately prior to construction. The construction features which will be re-used by Federal Way include only the section of temporary construction road from SW 356th to the Pierce County line. Typical measures which will be employed are explained in the following paragraph. TYPICAL PIPELINE CONSTRUCTION ROADWAY AND RESTORATION Tacoma will typically be providing a temporary construction roadway along the entire proposed pipeline alignment. In almost all areas, no permanent maintenance access road is needed or planned for the pipeline. Therefore, the temporary construction roadway and associated temporary construction access features such as rocked access/entry points will typically be removed following completion of construction..Areas which have experienced over-compaction will be tilled and all disturbed areas revegetated with appropriate plantings. In the area of BPA right-of-way the planned revegetation is hydroseeding in order to prevent the undesirable presence of trees which interfere with power line maintenance and operation. The restored areas will be monitored for up to five years or more to ensure the successful performance of interim erosion and sedimentation control (ESC) measures until the time that revegetation measures are determined to be sufficiently established. March 20, 1995 16 Comprehensive Mitigation Plan G. Soils Mitigations 1. Exploratory geotechnical work or field investigations for the pipeline project may not proceed until administratively approved by the Federal Way Public Works Director. 2. Geotechnical investigation and evaluation (piezometer installation when needed) shall be conducted in order to monitor winter water table maximums. 3. Mulching, netting, matting and other measures shall be used in conjunction with hydro- seeding to protect exposed soils as field conditions dictate. Straw mulching shall not occur in wetlands. 4. Surface drainage shall be controlled in a non-erosive manner, and in such a way that existing vegetated areas are not adversely impacted. 5. Soil compaction shall be avoided along the entire route to prevent impairing small mammals from re-establishing their burrows, and inhibiting growth of revegetation measures. Where compaction is unavoidable, rototilling to a depth of 8 inches shall be performed prior to replanting. Temporary erosion and sedimentation control measures shall be installed prior to rototilling, and all disturbed areas shall be restored with native vegetation in accordance with approved plans which shall include timing for revegetation measures. 6. Soil bio-engineering shall be incorporated into all rock placement at stream crossings, subject to a specific plan approval by Federal Way. March 20, 1995 17 Comprehensive Mitigation Plan H. Waterway Crossings & Fisheries Mitigations 1. Tacoma's Serf Insurance Claim Fund, in a form mutually acceptable to Federal Way and Tacoma, shall be available for valid claims by Federal Way for construction mitigation performance for the replacement of any failed mitigation or for mitigation of unanticipated impacts. 2. No obstruction of flows within the flood hazards area shall occur. Hydraulic analyses of these areas where grades are modified shall be prepared by Tacoma for review and approval by Federal Way. 3. Any use of the term "stream" shall refer to and incorporate Federal Way's definition of "stream," "major stream" and "minor stream" as defined in Section 22-1, Definitions, of the Federal Way City Code. 4. Tacoma shall provide maps and site-specific drawings of stream crossing locations within Federal Way listed in Table I of Tacoma's Fisheries and Waterway Crossings Construction Report. 5. For each stream crossing within Federal Way, provide a map that shows drainage basins and sub-basins partially or entirely on-site. 6. For each stream crossing, provide a set of plan view diagrams that show: a. all adjacent wetlands within 500 feet upstream and downstream of each crossing; b. all flood hazard areas, as defined by the Federal Way environmental policy ordinance, partially or entirely on-site; c. the crossing, all limits of excavation and clearing. 7. Provide pre-project and post-project color print photographs of stream crossings depicting the crossings at stream banks, and from 100 feet away from each bank looking toward the stream. Tacoma shall use a 28mm lens for these photos. 8. Floodplain areas associated with riparian habitat shall be preserved to the maximum extent possible to enhance and protect fish and wildlife. 9. Where bored crossings are not used, Tacoma shall comply with Federal Way's environmentally sensitive areas ordinance and shall enhance riparian habitat as provided in the revegetation plan(s) to be provided to Federal Way. (See Waterways & Fisheries #11 and #12.) March 20, 1995 18 Comprehensive Mitigation Plan 10. A Stream Enhancement/Restoration Plan incorporating native ground cover, shrubs, and trees shall be developed for each stream crossing within Federal Way. This shall include that area beginning at the ordinary high water mark COHWM"), continuing upland for 100 feet from the OHWM. For that area along the OHWM, the plan shall incorporate plantings appropriate for the riverine environment. An important element to the enhancement plan should include tree and shrub plantings adjacent to streams to provide shade and habitat. 11. Stream Enhancement/Restoration plans shall be prepared by a qualified ecologist. The plan shall specify use of indigenous riparian vegetation. A minimum 5-year monitoring schedule with reports on the first, third and f'ffth years after installation shall be required. 12. Any disturbed areas within stream buffers, including access roads and staging areas, shall be hydroseeded by Tacoma within 48 hours of completion of the relevant construction phase. Revegetation with an appropriate mix of native trees, shrubs, and forbs shall occur during fall and spring planting seasons to assure the optimum survival ratio. 13. Disturbed upland areas adjacent to stream or wetland habitats shall be revegetated by Tacoma to create habitats of comparable of better quality than existing adjacent upland habitats. 14. Drainage control facilities shall be designed with silt and grease traps. These traps shall be installed prior to any grading activities to mitigate stream sedimentation and possible water contamination with oil products and other contaminants. The silt and grease traps shall .be maintained as necessary to preserve their optimum functionality. 15. An Equipment Staging Plan shall be prepared by Tacoma for review and approval by Federal Way that identifies storage locations and delineate the required equipment setbacks from the OHWM. 16. Active construction equipment and staging areas shall be setback a minimum distance from the OHWM as approved in the Equipment Staging Plan, or out of the flood hazard area whichever provides the greater setback. 17. Prior to construction, absorbency booms and silt fences and other best management techniques shall be placed in stream and along the OHW/Vl as a precaution in case of spills or debris. 18. No construction or grading materials shall be stockpiled within flood hazard areas, or stream or wetland buffers. 19. Soil bio-engineering shall be incorporated into all rock placement at stream crossings, subject to a specific plan approved by Federal Way. 20. Contractor shall' use trench dams in construction through wetlands, streams and steep slopes to prevent migration of water from the area as determined necessary. March 20, 1995 19 Comprehensive Mitigation Plan I. Wetlands, Plants & Animals Mitigations 1. Special studies shall be required as necessary to develop the Wetland Restoration/ Enhancement Plan for wetlands and buffers disturbed by the project. 2. Federal Way shall be notified by Tacoma of the initafion of each key construction phase and of any problems or any alterations in mitigation encountered during construction. 3. A Wetland Restoration/Enhancement Plan, in a form mutually acceptable to Federal Way and Tacoma, shall be required in association with review of the engineering plans. The Plan shall include proposed subgrades and hydrology, with a detailed planting plan showing plant species, sizes, and locations. A construction sequence, planting schedule, and implementation notes must be included. Tacoma shall provide detailed site-specific restoration plans for each wetland crossing to Federal Way for approval. 4. Tacoma's Self Insurance Claims Fund shall be available for valid claims by Federal Way for construction mitigation performance for repair or replacement of the following: a. assure that revegetation, stabilization, and drainage patterns are established as intended; b. cover the cost of planting and construction management and inspection by the environmental inspector as part of the Wetland Restoration/Enhancement Plan; c. cover the cost of replacing any failed mitigation measures during the five year monitoring period for the wetland and revegetation restoration monitoring program; d. assure compliance with the Wetland Restoration/Enhancement Plan. This fund shall remain in effect for the five year post construction monitoring period to assure that restoration and revegetation measures meet their performance standards. 5. Tacoma shall prepare a five year wetland and revegetation restoration monitoring program subject to approval by Federal Way staff to assure that the project meets its performance standards. A written annual report shall be submitted to Federal Way for review. 6. The Wetland Restoration/Enhancement Plan shall include a small-scale map that sequentially identifies each wetland impact/restoration site with a number or a letter. Text for each site shall be headed with the same identifier. A large-scale map for each site shall follow the text and likewise be identified with the appropriate identifier. March 20, 1995 20 Comprehensive Mitigation Plan 7. Wetland areas have been previously surveyed during delineations and shall be shown on the engineering plans prior to permit approval. 8. Tacoma shall evaluate impacts of pipeline installation (including addition of native soil and gravel backfifi) on the wetland hydrology (i.e., surface and groundwater flow patterns and hydropefiod). 9. Tacoma shall monitor impacts of the pipeline dewatefing wells and mitigation for any impacts that occur. 10. A sequential timeline for segment construction and subsequent restoration completion shall be presented to Federal Way for review. 11. Tacoma shall provide large-scale aerial photographs prior to impacts and at target dates specified by the monitoring schedule after the construction impacts as part of the monitoring requirement. Also, ground photos taken from field-marked and mapped points shall be taken before the project, immediately after the project restoration and at target dates specified by the monitoring schedule. Specific contingency strategies must be identified. 12. Provide a map that shows: a. All regulated wetlands. These areas shall be identified by number or letter and pipeline mile, as described in Tacoma's Wetlands, Plants and Animals Construction Report; the map shall depict both on-site and off-site wetland boundaries; wetland inlets and outlets, and topography to the two foot contour interval; b. Drainage basins and sub-basins partially or entirely on-site; c. All flood hazard areas, partially or entirely on-site. 13. Wetland habitat types shall be classified in accordance with the USFWS classification system (Cowardin, 1979). 14. Signs shall be placed along the pipeline right-of-way identifying to the public those areas of special concern for resource protection. 15. Construction shall be performed from June 15th to September 30th in wetland areas. 16. The construction corridor shall be reduced to the narrowest possible width through wetland areas. 17. The pipeline shall be located within the right-of-way where it will least impact the wetland and other sensitive natural resources. March 20, 1995 21 Comprehensive Mitigation Plan 18. Tacoma shall contract with one or more nurseries for Puget Sound lowland adapted stock to be used in wetlands at least one year in advance. 19. Hydroseeding and/or manual seeding shall include hardy, fast geminating and growing grosses and legumes. Fertilizers and other chemicals shall not be used within the riparian/wetland areas or their buffers, and native riparian/wetland plant seed shall be used in those areas. 20. Any plantings, for slope stabilization or otherwise, must be native species typically found in the areas of impact. Under no circumstances shall reed canary grass be planted, even if that was the original predominant species. 21. When appropriate, measures shall be taken to save the plant materials from the construction corridor for replanting after construction, especially within the waterway and wetland crossing areas. 22. Plant materials for temporary and permanent erosion/sedimentation control in wetland and riparian areas and buffers shal/be chosen so that they do not compete with the native plant materials existing or proposed in these areas. 23. No straw shall be placed in wetlands. Jute or coconut (coir) fabric matting shall be used instead of straw until seeds geminate. Coir shall be used on stream banks and slopes greater than or equal to 40 %. 24. Access roads created for pipeline installation within stream and wetland buffers shall be revegetated with appropriate native species immediately after completion of the pipeline segment. 25. There shall be no plant height limitations along the pipeline right-of-way, except where overlap occurs within the BPA right-of-way and 10 feet either side of the pipeline centerline. 26. Clearing in wetlands shall be accomplished by using small, articulated machines, or by hand clearing. 27. No maintenance of vegetation shall occur in wetlands or wetland buffers unless for emergency accessii for use or maintenance of valves, or where maintenance is already being done with respect to BPA power lines. 28. Snags shall be created, where possible, in forested habitat within the construction corridor not impacted by construction, to replace snags lost during clearing and enhance habitat for cavity dwelling species. 29. Large downed woody debris (greater than 12 inches in diameter) shall be moved from the construction corridor into adjacent areas that will not be impacted by construction, and returned following construction. March 20, 1995 22 Comprehensive Mitigation Plan 30. Either herbivore guards shall be established at first planting of woody plants or a contingency plan should be developed for replanting with herbivore guards if plants are destroyed. 31. All sedimentation ponds and biofiltration swales shall be located outside the wetlands. 32. Retention/detention facilities shall be required for all blow-off valve locations, unless a downstream analysis indicates that Tacoma can control the discharge. This analysis shall address the locations of the valves, the rote and timing of discharge, and the methods for controlling discharge. Based upon Tacoma's ability to control the discharge, retention/ detention facilities will be required if discharge cannot be controlled. 33. No construction or grading materials shall be stockpiled within flood hazard areas, or stream or wetland buffers. 34. Steel mats, log rafts, water coffers, or other methods used to reduce construction equipment impact in wetland areas shall be removed upon completion of pipeline installation at each wetland area. Water coffers shall be used in wetland construction areas where appropriate to contain erosion and to prevent sedimentation in streams and wetlands. 35. Valves and associated access roads shall be located in wetlands only when it is not feasible to locate them elsewhere. 36. If surface water is present because of an unusually wet summer/fall, a survey of the areas by the project environmental inspector shall be conducted to assure that western pond tuffies, if present, will not be harmed by the construction. 37. After construction in and near shallow, open water bodies, any barriers to western pond turtle movement such as mounded soils and deep trenches shall be eliminated. 38. Environmental inspector(s) shall be on-site during construction in suspected western pond turtle habitat to insure that it is protected and preserved. 39. Contractor shall use trench dams in construction through wetlands, streams and steep slopes to prevent migration of water from the ~ as determined necessary. H:\HYDlPLgS\FW42MP\FEDWYCMP. DOC March 20, 1995 23 Comprehensive Mitigation Plan