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08-163.00 Morgan & Oswood: Barker Bridge Replacement ~Washington ~e C h~g e O e r Departmerrt of 71~ansportation , Date 10/07/2008 Page 1 0{ 2 Pages Contract Number 08-017 (CIP-0003) Federal Aid Number BRIv14123(004) Contract Tine Barker Road Bridge Replacement Change Order Number 3 Prime Contractor Morgen & Oswood Construction Co., Inc. N Ordered by Engineer under the terms of Section 1-04.4 of the Standard Specifications ❑ Change proposed by Contractor Endorsed B ~ Surety Consent . TRAVELERS CAS[JALTY AND S[JREIY CQ~'ANY OF AMQ2IG4 4 i9 Ll )bnr1677-D Contractor Attor y on Fact gEI}I A WIINDCK ' 1Z• 12.• a'~ DEa ~M 15. 2(X14 Date ' Date ' • . - Original Contract Amount 9,449,354J5 ' Current Contract Amount 9,335,149.07 Estimated Net Change This Order 0.00, Estimated Contract Total After Change 9,335,149.07 ~ Approval Recommended ~Approved Approved Project Engin~er Approving Authority p~Agreement I I"U -7i I f n i. Date Date 1 VI ~ Approval Recommended ❑ Approved OtherApproval When Required Zw1K By Signature Date 29 Date Representing DOT Form 140-005 EF Revised 4106 , C08-163 ~ • CHANGE ORDER ~ Project: Barker Road Bridge Replacement Page 2 of 2 Contract No.: 08-017 (CIP-0003). Change Order No. 3 Federal Aid Number: BRM 4123 (004) The Contract is revised as follows: Description of Work The Hydraulic Project Approval (HPA), referenced in Special Provision 1-07.5(2) and included in Appendix A at the end of the Contract Documents, is replaced with the revised HPA (110492-4) issued by the Department of Fish and Wildlife (WDFW) on September 15, 2008. The revised HPA is attached to this Change Order as Attachment A. The Barker Road Bridge Mitigation Assessment Document, dated September 15, 2008 and referenced in Article 1 of the revised HPA, is attached to this Change Order as Attachment B. Work in the area below the ordinary high water line shall be performed in accordance with the Revised HPA. The Timing Lunitations stipulated in Article 1 of the revised HPA supersede the dates shown in Special Provision 1-07.5(2). The City of Spokane Valley and Department of Fish and Wildiife have agreed to a monetary mitigation assessment based on the terms and conditions of the revised HPA and the referenced attachments. The Contractor shall be responsible for any additional mitigation fees, penalties, fines, or other costs related to performing the work outside of the terms and conditions of the revised HPA. Materials N/A Construction Requirements See Description of Work above. Measurement N/A Payment N/A Working Days The Contract time is unchanged. Attachments This change order includes the following attachments: Attachment A- Hydraulic Project Approval (110492-4), dated September 15, 2008. Attachment B- 6arker Road Bridge Mi6gation Assessment Document, dated September 15, 2008. wash'"9`°" • HYDRAULIC PROJECT APPROVAL Easter• Department of 2315 N Discovery Place FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Spokane, WA 99218 WILDLIFE (509) 892-1001 Issue Dale: September 15, 2008 Control Number: 110492-4 Project Expiration Date: September 30, 2009 FPA/Public Notice N/A PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Spokane Valley CH210 Hill ATTENTION: Steve Worely ATTENTION: Martena Guhlke 11707 E Sprague Ave Suite 106 9 S. Washington Street Suite 400 Spokane Valley, WA 99201 Spokane, WA 99201 509-921-1000 509-747-2000(7245) Fax:509-921-1008 Fax:509-252-1513 Project Name: Barker Road Bridge Replacement Project Description: Demolition and replacement of existing bridge including deck, beams, columns, abutments, in-river piers and footings. PROVISIONS 1. TIMING LIMITATIONS: The project may begin September 15, 2008 and shall be completed by September 30, 2009. Work in the water below the ordinary high water line shall be limited to the times and durations as outlined in the "Barker road Bridge Mitigation ssessment DocumenY" dated September 15, 2008. . With the exception of work activities described in the mitigation assessment all work below the OHWL and in water shall occurr between June 15 and August 31 of 2009. Work over the water within the limits of the OHWM may occur anytime between March 1, 2008 and September 30, 2009 provided this work is consistent with all permit provisions and approved plans provided by the applicant. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall receive notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agenUcontractor prior to the start of construction activities. The notification shall include the permittee's name, project location, starting date for work, and the control number for this HPA. 3. NOTIFICATION REQUIREMENT: The Enforcement Officer listed below shall receive notification from the person to whom this Hydraulic Project Approval (HPA) is issued (permittee) or the agenUcontractor prior to start of work. The notification shall include the permittee's name, project location, starting date for work or completion date of work, and the control number for this HPA. 4. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled JARPA and dated September 4, 2007, Barker Road Bride Replacment Contract Douments, dated April 2008 and as outlined in the "Barker Road Bridge Mitigation AssessmenY" dated September 15, 2008 except as modified by this Hydraulic Project Approval. EQUIPMENT Page 1 of 7 Washington ~ HYDRAULIC PROJECT APPROVAL Eass 1' l Department of 2315 N Discovery Place FISH and RCW 77,55.021 -Appeal pursuant to Chapter 34.05 Spokane, WA 99218 WILDLIFE (509) 892-1001 Issue Date: September 15, 2008 Control Number: 110492-4 Project Expiration Date: September 30, 2009 FPA/Public Notice N/A 5. Equipment used for demolition and construction within the OHWL shall operate stationed on the banks, Temporary Work Platform as per proposed access plans. 6. The use of equipment below the ordinary high water line shall be limited to that necessary to gain position for work. 7. Equipment used for this project shall be free of external petroleum-based products while working around the stream. Accumulation of soils or debris shall be removed from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to its working below the ordinary high water line. Equipment shall be checked daily for leaks and any necessary repairs shall be completed prior to commencing work activities along the stream. 8. All fuel and petroleum products shall be securely stored in an equipment staging and refueling area away from the river. A spill response kit must be well stocked and available on site at aii times, including boom and sorbents that are effective for vegetable based hydraulic fluids. 9. Equipment crossings of the stream are not authorized by this HPA. 10. Equipment operating within and over the OHWM shall operate with vegetable based hydraulic fluids whenever possible. WATER QUALITY 11. Wooden components used on the project that may contain creosote or pentachlorophenol shali be encapsulated with an impervious wrapping and covered with plywood. If at any time during the project these materials or residue from these materials enters the water work shall stop and the appropriate agency shall be notified per provision #14. 12. If work activities result in fish being trapped, the permittee shall capture and safely move food fish, game fish, and other fish life from the job site. The permittee shall have fish capture and transportation equipment ready and on the job site. Captured fish shall be immediately and safely transferred to free-flowing water downstream of the project site. The permittee may request the Washington Department of Fish and Wildlife assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. 13. Any device used for diverting water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 77.57.010 and 77.57.070. The pump intake shall be screened with 1/8-inch mesh to prevent fish from entering the system. The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish and the screen shall remain in place whenever water is withdrawn from the stream through the pump intake. Page 2 of 7 , Washington • Easter~ ~ ~ HYDRAULIC PROJECT APPROVAL Department of 2315 N Discovery Place FISH and RCW 77.55A21 - Appeal pursuant to Chapter 34.05 Spokane, WA 99218 WILDLIFE (509) 892-1001 Issue Date: September 15, 2008 Control Number: 110492-4 Project Expiralion Date: September 30, 2009 FPA/Public Notice N/A 14. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), immediate notification shall be made to the Washington Military DepartmenYs Emergency Management Division at 1-800-258- 5990, and to the Area Habitat Biologist listed below. 15. Erosion control methods shall be used to prevent silt-laden water from entering the stream. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel-filled burlap bags or other material, and/or immediate mulching of exposed areas. 16. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 17. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. 18. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 19. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream. 20. Fresh concrete or concrete by-products shall not be allowed to enter the stream at any time during this project:• All forms used for concrete shall be completely sealed to prevent the possibility of fresh concrete from getting into the stream. 21. Material removed from inside the cofferdam shall be disposed of outside the floodplain of the stream. 22. The cofferdam shall be completely sealed to prevent concrete or other deleterious products from leaching into the stream. 23. During the seal pour of concrete into the sheet pile enclosure, the water level inside the enclosure shall be held to at least six inches below the water level outside the enclosure. TEMPORARY WORK BRIDGE and ACCESS PADS 24. The Temporary Work Platform shall be constructed to pass the 100-year flood event with consideration of the debris likely to be encountered. 25. The temporary bridge shall be placed in a manner to minimize damage to the riverbed or banks. Page 3 of 7 = Washington • HYDRAULIC PROJECT APPROVAL East* + Department of 2315 N Discovery Place FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34A5 Spokane, WA 99218 OWLDLIFE (509) 892-1001 Issue Date: September 15, 2006 Control Number: 110492-4 Project Expiration Date: September 30, 2009 FPA/Public Notice N/A 26. All driven piles shall be capped or of an H-Pile type to prevent entrance of stream bed material. 27. The work platform decking must be sufficiently sealed for the duration of the project to prevent debris and other pollutants from entering the river. 28. Wooden components shall not contain creosote or pentachlorophenol. This shall include pilings, beams, structural supports, and decking. These components shall remain free of these toxic substances for the duration of the project. 29. All temporary structures including piles shall be completely removed from the river upon compietion of the project. This shall be accomplished so that the structure and associated material does not re-enter the river. BRIDGE DEMOLITION 30. Demolition of the existing birdge structure and piers shall be accomplished so that the structure and associated material does not enter the stream. This may include the use of temporary debris containment enclousres to contain demolition debris and to limit downstream turbidity. If concrete sawing is required, then the area shall be tarped to prevent any wastewater from entering the river. , Material shall be disposed of so it will not re-enter the stream. 31. The bridge deck shall be cleaned of aggregate or earth materials prior to bridge removal. This material shall be disposed of so it will not enter the stream. 32. Removal of the existing structure shall be accomplished so the structure and associated material does not enter the stream. As per the application, methods shall be implemented to limit the loss of debris to the river this includes tarping, or dropping material on temporary barges or platforms. Material shall be disposed of so it will not re-enter the stream. 33. As much of the bridge superstructure as possible shall be dismanted and mechanically removed. Bridge parts that cannot be mechanically removed may be broken into large sections and dropped into the stream. These sections shall be as large as can safely be handled and shall be removed immediately after they have been dropped. 34. Removal shall be accomplished by mechanical means. This Hydraulic Project Approval does not authorize blasting. PIER DEMOLITION AND RECONSTRUCTION 35. In stream pier demolition shall be done in a manner to minimize siltation to adjacent areas. Demolition will be done in a manner to minimize pulverizing of the piers. Existing foundations shall be removed within temporary enclosures to insure the containment of concrete debris. New piers shall be drilled shafts constructed within casings in isolation from the river. Spoils and wastewater from the isolated work areas will not be allowed to enter the river and shall be removed for disposal Page 4 of 7 s~ Washington ~ HYDRAULIC PROJECT APPROVAL Eastern Department of 2315 N Discovery Place FISH and RCW 77.55.027 - Appeal pursuant to Chapter 34.05 Spokane, WA 99218 WILDLIFE (509) 892-1001 Issue Dale: Seplember 15, 2008 Control Number: 110492-4 Project Expiration Date: September 30, 2009 FPA/Public Nolice N/A off site. 36. Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with the water. Fresh concrete or concrete by-products shall not be allowed to come in contact with state waters. MITIGATION 37. The City of Spokane Valley shall comply with the terms of the "Barker Road Bridge Mitigation AssessmenY" document dated September 15, 2008 and the "Agreement for Spokane River Aquatic Impact Mitigation for The Barker Road Bridege Replamcent ProjecY" document dated September 15, 2008. 38. Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar days of project completion, all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks, including riprap areas, shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center) and maintained as necessary for three years to ensure 80 percent survival. PROJECT LOCATIONS Location #1 Spokane River I WORK START: September 15, 2008 IWORK END: September 30, 2009 I WRIA: Waterbody: Tri6utarv to: 57.0001 Spokane River Columbia River 1145EG Section: Township: Range. Lati[ude: Longitude: County: All 08 25 N 45 E N 47.6779 W 117.153 Spokane Location #1 Driving Directions Barker Road Bridge, Spokane Valley. 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 (formerly RCW 7720). Additional aulhorization 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 projecl. This Hydraulic Projecl Approval shall be available on the job sile at all times and all its provisions followed by the person(s) to whom this Hydraulic Projecl Approval is issued and operalor(s) performing the work. Page 5 of 7 Washington • HYDRAULIC PROJECT APPROVAL East~ ' Department of 2315 N Discovery Place FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34.05 Spokane, WA 99218 WILDLIFE (509) 892-7001 Issue Date: September 15, 2008 Control Number: 110492-4 Project Expiration Date: September 30, 2009 FPA/Public Notice N/A 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 liabte for any loss or damage to fish life or fish habitat that results from failure to comply with lhe provisions of this Hydraulic Project Approval. Failure to comply with lhe provisions oi 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. ' All Hydraulic Project Approvals issued pursuant to RCW 77.55.021 (EXCEPT agricultural irrigation, stock watering or bank stabilization projecls) or 77.55.141 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The person(s) to whom this Hydraulic Project Approval is issued has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All agricultural irrigalion, stock watering or bank stabilization Hydraulic Projecl Approvals issued pursuant to RCW 77.55.021 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the person(s) to whom this Hydraulic Project Approval is issued: PROVIDED HOWEVER, thal such modifications shall be subjecl to appeal to the Hydraulic Appeals Board established in RCW 77.55.301. APPEALS INFORMATION If you wish to appeal the issuance or denial of, or conditions provided in a Hydraulic Project Approval, there are informal and formal appeal processes available. A. INFORMAL APPEALS (WAC 220-110340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021, 77.55.141, 77.55.181, and 77.55291: A person who is aggrieved or adversely affected by the following Departmenl actions may request an informal review of: (A) The denial or issuance of a Hydraulic Projecl Approval, or the conditions or provisions made part of a Hydraulic Projecl Approval; or (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wldlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Departmenl within 30 days of the denial or issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. If agreed to by the aggrieved party, and the aggrieved party is the Hydraulic Projecl Approval applicant, resolulion of the concerns will be facilitated through discussions with the Area Habitat Biologist and his/her supervisor. If resolution is not reached, or the aggrieved party is not the Hydraulic Project Approval applicant, the Habitat Technical Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or his/her designee. If you are not salisfied with the results ot this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (EXCEPT agricullural irrigation, stock watering or bank stabilization projects) or 77.55.291: A person who is aggrieved or adversely affected by the following Department aclions may request a formal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other'agency action' for which an adjudicative proceeding is required under the Administrative Procedure Acl, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife HPA Appeals Coordinator, shall be plainly labeled as'REQUEST FOR FORMAL APPEAL' and shall be RECEIVED DURING OFFICE HOURS by the Departmenl al 600 Capitol Way North, Olympia, Washington 98501-1091, within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the DepartmenYs written decision in response to the informal appeal. Page 6 of 7 Washington ~ Easter• HYDRAULIC PROJECT APPROVAL Department of 2315 N Discovery Place , FISH and RCW 77.55.021 - Appeal pursuant to Chapter 34A5 Spokane, WA 99218 WILDLIFE ' (509) 892-1001 Issue Date: September 15, 2008 Control Number: 110492-4 Project Expiration Dale: Seplember 30, 2009 FPA/Public Notice N/A C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation, stock watering or bank stabilizalion only), 77.55.141, 77.55.181, or 77.55.241: A person who is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Projecl Approval may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixlh Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 4321 L RCW: A person who is aggrieved or adversely affected by lhe denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may requesl a formal appeal. The FORMAL APPEAL shall be in accordance wilh the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL shall be in WRITING to lhe Environmental and Land Use Hearings Board at Environmental Hearings Office, Environmental and Land Use Hearings Board, 4224 Sixth Avenue SE, Building Two - Rowe Six, P.O. Box 40903, Lacey, Washington 98504; lelephone 360/459-6327. E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture ot all appeal rights. If there is no timely requesl for an appeal, the department action shall be final and unappealable. ENFORCEMENT: Sergeant Rahn (39) P1E Habitat Biologist lawlojjl@dfw.wa.gov for Director Jeff Lawlor 509-892-1001 WDFW CC: Mark Wachtel, RHPM Officer Mosman W 74 Rick Pratt, USACOE Michael Maher, Ecology Eastern Region Shorelines CH2M Hill, Marlena Guhike 9 S. Washington Street Suite 400 Spokane 99201 Page 7 of 7 ~ • MEMORANDUM C&12MHILL Barker Road Bridge Mitigation Assessment ro: Jeff Lawlor/Washington State Department of Fish & Wfldlife coaies: Steve Worley/City of Spokane Valley David Jellum/Morgen & Oswood Ken Knutson/City of Spokane Valley Dave Todd/Morgen & Oswood Greg Oswood/Morgen & Oswood Jim Dingfield/CH2M HILL Frtorn: Marlena Guhlke/CH2M HILL oare: September 15, 2008 PROJECTNUMBER: 332963.C$.CM 1.0 Introduction The City of Spokane Valley (Spokane Valley) has contracted with Morgen & Oswood (M&O), for the Barker Road Bridge Replacement Project (replacing the existing 2-lane bridge structure with a wider 4-lane bridge structure over the Spokane River, and the project includes sidewalks and bicycle lanes). As pazt of the construction, a Memorandum of Agreement for Syokane River Aquatic Imynct Mitigntion must be prepared and signed by the affected parties: Washington State Department of Fish & Wildlife (WSF&S), Spokane Valley, and the Spokane County Conservation District (Conservation District). It may also be necessary for a separate memorandum of agreement or construction contract change order to be enacted between Spokane Valley and M&O. The purpose of this Mitigation Assessment is to determine the compensatory mitigation for Spokane Valley as a condition of the hydraulic project approval (HPA) 110492-3, issued on December 3, 2007. The compensatory mitigation will be determined based on anticipated impacts associated with construction activities (work). 2.0 Mitigation Impacts Mitigation impacts are defined as those that will occur in the river water below the ordinary high water line (OHWL) when proposed work or activity is: • Outside of the approved wark window as established by the approved HPA, issued December 3, 2007 • In conflict with any other provision of the approved HPA, issued December 3, 2007 • In conflict with the Mitigation Policies of WSF&W as per technical memorandum dated January 18,1999 (POL-M5002) TM-MITIGATION ASSESSMEM--09-1 5 OB FINALDOC 1 ~ ~ . ~ BARKER ROAD BRIDGE MITIGATION ASSESSMEW 2.1 Working Outside of the Approved Work Window The approved work window issued under the HPA is from June 15 through August 31 of 2008 and also the same time period for 2009. Table 1 is a summary of work activities that are _ anticipated.to occur outside of the approved work window with anticipated.durafion of these activities (based.on proposed construction schedule), and comments related to mitigation measures that will be unplemented.to avoid or minunize impacts to fish & aquatic habitat. TABLE 1: SUMMARY OF WORK ACTIVITIES Mticipated Work Occurring Outside of the HPA Approved Work Window (June 15- August 31, 2008-2009) Work Activity Potential Duration Construction Methods ' Remove Exisling Bridge Approx. 3 weeks A debris collection tub, suspended by cranes under the Superstructure work construction area to caplure all bridge demolilion and debris, will prevent bridge pieces or debris from dropping into the river. All bridge parts/pieces and debris will be captured, dumped into lrucks, and hauled away to an approved disposal site. Large bridge parts or pieces will not be dropped into the river and then ' retrieved for disposal as currenlly allowed by the HPA. , Instead, large bridge parts or pieces will be removed by crane. Work will occur outside of approved work window. . No contact with river water is anticipated throughout duration of work activity. Install Work Bridge Approx. 3 weeks Steel pipe support piles will be capped with a conical (Main Deck) point to prevent sediments from entering the pipe and later being released into the river when the piles are _ removed. All piles will be driven and removed only once (a series of inslalling and pulling pipes is not necessary). Creosote treated timber (8"x16"x30') is proposed by lhe . Contractor for the decking. (This is not currently allowed in the permit.) The treated timber will be encapsulated with an impervious wrapping that will be secured in place and completely covered wilh wood sheeting. This cover will prolect the limbers from chipping, i.e. if track , mounted equipment operates on the work bridge, setting of equipment outriggers, etc. The wrapping and wood sheeting combined will provide an impervious surface that will remain strong and secured in place, preventing any contact of the treated timber with precipitation and protecting the river water. , Should any timber be dislodged from lhe work bridge structure and dropped into lhe nver or any other water quality problems or fish kill occur, immediate action shall be made to notify Washington Military Emergency Management Division at 1-800-258-5990 (see Section 2.2 and Section 3.0 for further discussion). Work occurs outside of approved work window, which would happen in the fall of 2008. Install Laterals on Work Approx. 2 weeks Laterals will be constructed on the work bridge, exlending from lhe main work bridge deck along each . TM-MfPGATION ASSESSMENT-09-1508 FINALDOC 2 BARKER ROAD BRIOeR,11TIGATION ASSESSMEM ~ TABLE 1: SUMMARY OF WORK ACTIVITIES Anticipated Work Occurring Outside of the HPA Approved Work Window (June 15 - August 31, 2008-2009) Work Activity Potential Duration Construction Methods Bridge • side of the in-river piers. These laterals will be constructed in a manner similar to the main work bridge with treated timbers encapsulated and covered with wood sheets. . Only 2 weeks outside of approved work window, which would be in the fall of 2008. Remove Exisling In- Approx. 10 weeks total Existing piers 2-6 will be removed after a sheet-pile • River Piers (five 2-week increments) cofferdam has been built around each pier to a depth of' about 2-feet in the river bed. The sheet-piles will be constructed in slages. After the first pier is contained and while that pier demolilion occurs, the sheet-pile containment for the second pier will be constructed. When the demolition work is done on the first pier, the sheel-pile will be removed and located around the 3rd pier, and this step-by-slep process continues until all five of the exisling piers are contained and removed. The spread footings for each existing pier will remain in- place. The sheet-pile for Pier 2 and lhe remaining sheet-piles will be placed oulside of the approved work window in slages as described above, which will allow the removal of existing piers to occur with no contact with river , water. , All debris within the cofferdams will be removed, , dumped in trucks, and disposed outside of the river - channel. A rockdike or dam to be used as a working platform will not be constructed in the river as initially ' approved in the HPA. Although the existing piers will be removed outside of the approved work window, all of that work will be done inside of the cofferdams with no contact with river water (exception, construction and removal of cofferdams will necessitate contact with river water). All work in the river water will be - completed by early spring, before the period of time when reinbow trout spawn, and eggs incubate and emerge. Construct Drilled Shafts Approx. 4 weeks tolal All new piers will be constructed inside of temporary for New Piers 2 and 3 (two 2-week increments) casings. These casings will be eutended as excavation moves downward. They will be constructed as quickly as possible outside of the approved work window, which will allow the construction of new piers to occur with no - contact with river water. All sediment within the casings will be removed with a clam shell buckel, dumped in trucks, and disposed outside of theriver channel before the temporary . casings are removed. A rock dike or dam to be used as TM-MITIGATION ASSESSMENi-pJiS08 FINALDOC 3 BARKERROADBRIDGEMITIGATIONASSESSMEM TABLE 1: SUMMARY OF WORK ACTIVITIES Mticipated Work Occurring Outside of ihe HPA Approved Work Window (June 15 - August 31, 2008-2009) Work Activity Potential Duration Construction Methods ' ~ . aworking platform will nol be conslrucled in the nver as initially approved in the HPA. Although the new piers will be constructed outside of the approved work window, all of that work will be done inside of temporary casings with no con- tact with river water (Exceptions: 1) construction and removal of temporary casings will necessitate contact with river water, 2) the clam shell operations used to remove spoils for shaft construction will have some unavoidable drippings that may contact river water when transferring the spoils from the interior of the casings to a standby truck that will trensport the spoils to an approved disposal site). Also, all work in the river water will be completed by early spring, before the period of time when rainbow trout spawn, and eggs incubate and emerge (by mid-March 2009). Construct New Bridge Approx. 28 weeks Construction of the new bridge superstructure, including Superstructure girders, diaphragms, and bridge deck, will not involve in- river work or any activities in contact with river water. Remove Work Bridge Approx. 2 weeks Period of lime when ihe work bridge will be removed from the river bed. This work will be done during the approved work window, and would include site • restoration (grading, channel restoration) within the OHWL. Work done within the 2009 approved work window. 2.2 Conflict with Approved HPA, Control No.110492-3 The WSF&W issued an HPA (Control No. 110492-3) on December 3, 2007 for the Barker Road Bridge Replacement Project. Table 2lists the provisions of this HPA that are proposed by Spokane Valley to be amended as follows: TABLE 2: HPA PROVISIONS Proposed HPA Provisions to be Amended Based on Compensatory Mitigation Provisions Comments TIMING LIMITATIONS: TIMING LIMITATIONS: 1. Work in.the water below lhe OHWL shall only 1. Work in the water below the OHWL shall occur belweenJune 15 and August 31 of occur outside of the work window (June 15 TM-MITIGATION ASSESSMEM-0415-08 FINALDOC 4 BARKEF ROAD BATIGATION ASSESSMENT TABLE 2: HPA PROVISIONS Proposed HPA Provisions to be Amended Based on Compensatory Mitigation Provisions Comments calendar,years 2008 and 2009. Any work._ and August 31 of calendar years 2008 and below the OHWL outside of these specified 2009) based on construction activities work windows will require a permit described in Table 1. Mitigation measures to • modification and will require additional avoid and minimize impacts to fish and mitigation for impacts lo fsh life. wildlife habitat are also described in Table 1. Spokane Valley is requesting a modificalion 2. Work over the water within the limits of the to their HPA (110492-3) and are willing to OHWL may occur anytime between March 1, provide compensatory mitigation (described in 2008 and September 30, 2009 provided this Section 3.0). work is consistent wilh all permit provisions - and approvedplans provided by the 2. Because of project delay, the work over the • applicant. water within the limits of the OHWL won't occur until September 2008, and the project ' - is expecled to be complete by February 2010. NOTIFICATION REQUIREMENT: NOTIFICATION REQUIREMENT: , . 2. The Area Habital Biologist (AHB) listed below 2. The Area Habitat Biologist (AHB) has been - shall receive notifcation. changed from Karin Divens to Jeff Lawlor; it is Jeff who will receive notifications. 4. Work shall be accomplished per plans and specificalions approved by the WSF&W 4. The demolition plan was not submilted to , entitled JARPA and dated September 4, WSF&W earlier because it was unknown how 2007, except as modified by this HPA. Prior to the contractor planned to conduct the • the start of construction, a final set of plans, demolition. The contractor is preparing the including plans for the diversion, will be demolition plan that must be approved by submitted to W DFW. A copy of these plans C142M HILL, and it will be submitted to shall be available on site during construction. WSF&W as part of the plans and " specificalions to be approved and followed as part of the HPA. A disk containing eleclronic files of the final construction contracl specifications and plans was sent to WSF&W on July 18, 2008. EQUIPMENT EQUIPMENT 5. Equipment used for demolition and 5. The Temporary Rock Access Dikes will not be construclion within the OW HL shall operate constructed or used as part of this project. . slalioned on the banks, Temporary Work . Platfortn and/or on Temporary Rock Access Dikes as per proposed access plans. WATER QUALITY WATER QUALITY . 11. Wooden components used on the project 11. The Contractor has requested permission to shall not contain creosote or use timbers with creosote or pentachlorophenol. This shall include pilings, penlachlorophenol as decking on the work beams, structural supports, and decking. bridge. The Contractor has sufficient timbers These components shall remain free of these on hand, measuring 8" x 16" x 30', for toxic substances for the duration of their approximalely 7,500 square feel of work functional lives. bridge decking. These existing timbers have been in service on a temporary bridge structure connecting gravel roads on another project. . Spokane Valley has proposed to the contractor, as a condition of approval, encapsulation of the treated timbers with an TMMITIGATION ASSESSMEMT-091508 FINALLOC 5 • 4 ' - ' - BARKER ROAD BRI•ITIGATION ASSESSMEM TABLE 2: HPA PROVISIONS Proposed HPA Provisions to be Amended Based on Compensatory Mitigation Provisions Comments impervious wrapping that will be secured in place and completely covered with wood sheeting. This cover will protect the timbers . from chipping, i.e. if track mounted equipmenl operates on the work bridge, setting of . equipment outriggers, etc. The wrapping and . wood sheeting combined will provide an impervious surface that will remain strong and secured in place, preventing any contact of the treated limber wilh precipitation and protecting the river water. _ Fish Kill/Water Quality Problem Notifcation: If ~ at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (induding equipment leaks or spills), immediate aclion shall be made lo notify Washington Military Department Emergency Management Division at 1-800-258-5990. TEMPORARY WORK.BRIDGE AND ACCESS PADS TEMPORARY WORK BRIDGE AND ACCESS PADS 29. Wooden components shall not contain 29. As noted above under WATER QUALITY, the . creosote or pentachlorophenol: This shall Contractor has requested permission to use include pilings, beams, structural suppoRs, timbers with creosote or pentachlorophenol and decking. These components shall remain as decking on the work bridge. The free of these toxic substances for the duration Contractor has sufficient timbers on hand, of the project. measuring 8" x 16" x 30', for approximately 7,500 square feet of work bridge decking. These existing timbers have been in service on a temporary bridge structure connecting gravel roads on anolher project. Spokane Valley has proposed, as a condition of approval, encapsulation of the treated timbers with an impervious wrapping thal will 'be secured in place and complelely covered with wood sheeting. This cover will protecl lhe . timbers from chipping, i.e. if track mounted equipmenl operales on the work bridge, setting of equipment outriggers, etc. The wrapping and wood sheeting combined will provide an impervious surface that will remain strong and secured in place, preventing any conlact of the treated timber with precipitation and protecting the river water and aquatic habilat. 2.3 Conflict with the WSF&W Mitigation Policy The WSF&W has a policy, POL_M5002 Rcquirirtg or Recommending Mitigatiml. No deviations from this policy have been identified related to the Barker Road Bridge Replacement Project. Therefore, there are no conflicts with the WSF&W mitigation policy. - TM-MITIGATIONASSESSMENT--0945-OBFINAL.DOC 6 BARKER ROAD BR*TiGATION ASSES.SMEPIr 3.0 Compensatory Mitigation 3.1 Summary of Impacts: . The City's Mitigation Plan is based on the following summary regarding potential unpacts to the Spokane River and aquatic wildlife: 1. The most significant work activity ixnpact is caused by working outside of the approved work window. Most of this work will be done without contacting river waterbased on debris collection systems and debris management programs working properly, and based on barrier systems (casings and sheet-pile cofferdams) that will be constructed to isolate work activities from contact with river water. Spring spawning will be avoided. All demolition and constnxction work that would have contact with river water would be completed before the period of tune when rainbow troutspawn, and eggs incubate and emerge. In other words, in-river work would not occur between mid-March to mid-June. Therefore, impact to rainbow trout and other spring spawners should be minunal. Most wark that would potentially occur in the river that is outside of the approved work window would happen in the fall and winter. There may be some potential impacts to fall spawners including brown trout, bull trout, white fish, and other warm water species. " 2. Another proposed work activity that has a potential adverse impact is the use of creosote or pentachlorophenol timbers for the work bridge decking. Controls will be unplemented (encapsulation of the treated timbers with an unpervious wrapping, covered and secured in place with wood sheeting, and recovery of all tunbers for ~ reuse) to prevent toxic contamination from entering the river. Therefore, the impact ~ to aquatic species should be minimal. ~ 3. The contractor has opted not to use an approved HPA provision, which allowed a rock dam or dike in the river to be used as a work platform during demolition or construction. This decision will lessen adverse impacts to aquatic species in the river ` than the approved HPA provision. 4. Should unforeseen circumstances occur that cause adverse impacts (fish are observed in distress, a fish kill occurs, or water quality problems develop induding equipment leaks or spills), immediate action shall be made to notify Washington Military Department Emergency Management Division at 1-300-253-5990 for those types of circumstances as theV occur. Work will stop immediately, and a meeting will be held with WSF&W and Washington State Department of Ecology to determine a course of action. 3.2 Mitigation Calculation Method There is little guidance on what amount of mitigation is appropriate for potential impacts in the Spokane River resulting from the Barker Road Bridge Replacement project However, a precedent agreement with Spokane County for the Argonne Road Bridge mentioned, upon the recommendation.of the Spokane Cotmty Conservation District (SCCD), that mitigation TM-MITIGATION ASSESSMENT--094508 FINAL.DOC 7 ~ . . , BAFKER ROAD BRID MITIGATION ASSESSMEM , on the appropriate size of a project could be based on either the length of unpacted shoreline or square footage of project area. In their case, they deterinined that the length of shoreline was approxunately 200 feet, but decided to calculate mitigation based on square feet of riprap. ~ There is no riprap planned or needed for the Barker Road Bridge project and, therefore, Spokane Valley proposes to use the linear shoreline area.unpacted as the basis for calculating mitigation. The Area of Potential Effect (APE) for the Barker Road Bridge project shows that shoreline impacts are approxunately 160 feet (measured parallel to the new piers). Using the basis of $200/shoreline foot and a shoreline length of 160 feet, the calculated mitigation fee is $32,000. I Spokane Valley proposes a lump sum in-lieu fee payment of $32,000 to the SCCD in accordance with a Mitigation Agreement between the WSF&W, the Conservation District _ and Spokane Valley. These dollars will be used for off site mitigation performed in the Spokane River within the Spokane Valley city lunits. If after three years a project within Spokane Valley has not been identified, the funds may be used on any project the SCCD deems appropriate. Any additional mitigation fees or measures that might occur as a result of unforeseen accidents or events would be the responsibility of the Contractor, Morgen & Oswood, who will pay far any additional mitigation fees/costs, or unplement additional mitigation measures as needed in behalf of Spokane Yalley. Spokane Valley believes that this is a meaningful proposal that will be of benefit to the Spokane River and will mitigate all of the potenrial impacts. TM-MITIGATION ASSESSMEM--09-15-08 FINAL.DOC 8