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					Contract
Provisions
For Construction of:

1-90                       MP 55.16 TO MP 58.08




HYAK TO SNOWSHED VICINITY PHASE 1B -
ADD LANES TO BRIDGES



KITTITAS COUNTY                       VOLUME 2 OF 3


STATE PROJECT




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       Washington State
       Department of Transportation
                           APPENDIX A

                     Forest Service Provisions




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
                            Pacific Northwest Region
                        Fire Protection and Suppression

1.   Fire Period and Closed Season

     Specific fire prevention measures are listed below and shall be effective for the period
     April 1 to October 31 of each year. The Forest Service may change the dates of the said
     period by advance written notice if justified by unusual weather or other conditions.
     Required tools and equipment shall be kept currently in serviceable condition and
     immediately available for initial attack on fires.

2.   Fire Plan

     Before starting any operations on the project, the Contractor, Permittee, Licensee, or
     Purchaser, hereinafter referred to as the "Contractor," shall prepare a fire plan in
     cooperation with the Contracting officer providing for the prevention and control of fires
     in the project area.

     The Contractor shall certify compliance with fire protection and suppression
     requirements before beginning operations during the fire period and closed season, and
     shall update such certification when operations change.

3.   Substitute Measures

     The Contracting officer may by written notice, authorize substitute measures or
     equipment or may waive specific requirements during periods of low fire danger.

4.   Emergency Measures

     The Forest Service may require emergency measures, including the necessary shutting
     down of equipment or portions of operations in the project area during periods of fire
     emergency created by hazardous climatic conditions.

5.   Fire Control

     The Contractor shall, independently and in cooperation with the Forest Service, take all
     reasonable action to prevent and suppress fires in a project area. Independent initial
     action shall be prompt and shall include the use of all personnel and equipment
     available in the project area.

     For the purpose of fighting forest fires on or in the vicinity of the project, which are not
     caused by the Contractor's operations, the Contractor shall place employees and
     equipment temporarily at the disposal of the Forest Service. Any individual hired by the
     Forest Service will be employed in accordance with the Interagency Pay Plan for
     Emergency Firefighters. The Forest Service will compensate the Contractor for
     equipment rented at fire fighting equipment rates common in the area or at prior agreed
     to rates.

6.   Compliance with State Forest Laws

     Listing of specific fire precautionary measures herein is not intended to relieve the
     Contractor in any way from compliance with the State Fire Laws covering fire prevention

                                  Page 1 of 8
     and suppression equipment, applicable to operations under this contract, permit or
     license.

7.   Fire Precautions

     Specific fire precautionary measures are as follows:

         a.   Smoking and Open Fires

              Smoking and fires shall be permitted only at the option of the Contractor. The
              Contractor shall not allow open fires on the project area without advance
              permission in writing from the Forest Service.

              Unless restricted by State Law or Federal Regulation, smoking shall be
              permitted only in such portions of the project area that are free of flammable
              material. Smokers shall sit down to smoke in such a position that any burning
              material will fall within a cleared area, and shall extinguish and press out in
              mineral soil all burning material before leaving the cleared area.

         b.   Fire Extinguishers and Equipment on Trucks. Tractors. etc.

              All power-driven equipment operated by the Contractor on National Forest land,
              except portable fire pumps, shall be equipped with one fire extinguisher having
              a UL rating of at least 5 BC, and one "D" handled or long handled round point
              shovel, size "0" or larger. In addition, each motor patrol, truck, and passenger-
              carrying vehicle shall be equipped with a double-bit axe or Pulaski, 3-1/2
              pounds or larger.

              Equipment shall be kept in a serviceable condition and shall be readily
              available.

         c.   Power Saws

              Each gasoline power saw operator shall be equipped with a pressurized
              chemical fire extinguisher of not less than 8-ounce capacity by weight, and one
              long-handled round point shovel, size "0" or larger. The extinguisher shall be
              kept in possession of the saw operator at all times. The shovel shall be
              accessible to the operator within one (1) minute.

         d.   Extinguishers

              One refill for each type or one extra extinguisher sufficient to replace each size
              extinguisher required on equipment shall be safely stored in the fire tool box or
              other agreed upon place on the project area that is protected and readily
              available.

         e.   Spark Arresters and Mufflers

              Each internal combustion engine shall be equipped with a spark arrester
              meeting either (1) USDA Forest Service Standard 5100-1 a, or (2) appropriate
              Society of Automotive Engineers (SA E) recommended practice J335 (b) and
              J350 (a) as now or hereafter amended unless it is:


                                  Page 2 of 8
                   (1) Equipped with a turbine-driven exhaust supercharger such as the
                       turbocharger. There shall be no exhaust bypass.

                   (2) A passenger-carrying vehicle or light truck, or medium truck up to
                       40,000 GVW, used on roads and equipped with a factory-designed
                       muffler complete with baffles and an exhaust system in good working
                       condition.

                   (3) A heavy truck, such as a dump or log truck, or other vehicle used for
                       commercial hauling, used only on roads and equipped with a factory
                       designed muffler and with a vertical stack exhaust system extending
                       above the cab.

               Exhaust equipment described in this subsection, including spark arresters and
               mufflers, shall e properly installed and constantly maintained in serviceable
               condition.

          f.   Emergency Fire Precautions

               The Contractor shall restrict operations in accordance with the Industrial Fire
               Precaution Levels listed below. The Forest Service may change the Industrial
               Fire Precaution Levels to other values upon revision of the National Fire
               Danger Rating System and may change the specific Industrial Fire Precaution
               Levels when such changes are necessary for the protection of the National
               Forest. When sent to the Contractor, the revised Industrial Fire Precaution
               Levels will supersede the attached levels.

Industrial Fire Precautions Schedule
Level    Industrial Fire Precaution (IFPL)

I.    Closed season- Fire Precaution requirements are in effect. A fire watch/security is
      required at this and all higher levels unless otherwise waived.

II.   Partial hoot-owl- The following may operate only between the hours of 8 p.m. and 1
      p.m., local time:

          a.   power saws, except at loading sites;
          b.   cable yarding;
          c.   blasting;
          d.   welding or cutting of metal.

III. Partial shutdown- The following shall be prohibited except as indicated:

          Cable Yarding - except that gravity operated logging systems employing non-
          motorized carriages may be operated between the hours of 8 p.m. and 1 p.m., local
          time, when all block and moving lines, except the line between the carriage and the
          chokers, are suspended 10 feet above the ground.

          Power Saws - except power saws may be used at loading sites and on the
          tractor/skidder operations between the hours of 8 p.m. and 1 p.m., local time.

                                  Page 3 of 8
         In addition, the following are permitted between the hours of 8 p.m. and 1 p.m.,
         local time:

              a.   tractor/skidder operations;
              b.   mechanized loading and hauling of any product or material;
              c.   blasting;
              d.   welding or cutting of metal;
              e.   any other spark-emitting operation not specifically mentioned.

IV. General shutdown - All operations are prohibited.

The following definitions shall apply to those Industrial Fire Precaution Levels:

Cable yarding systems: A yarding system employing cables and winches in a fixed position.
Closed Season (Fire Precautionary Period): That season of the year when a fire hazard
exists as declared by the responsible agency official.

Contracting officer: The person executing the contract, permit or license on behalf of the
Government and includes that person's designated representative, acting within the limits of
their authority or the duly appointed successor to the individuals.

Loading sites/woods site/project area: A place where any product or material (including but
not limited to logs, firewood, slash, soil, rock, poles, posts, etc.) is placed in or upon a truck
or other vehicle.

Low hazard area: Means any area where the responsible agency representative (WDNR,
ORF, BIA, BLM) determines the combination of elements reduces the probability of fire
starting and/or spreading.

Tractor/skidder operations: Include a harvesting operation, or portion of a harvesting
operation, where tractors, skidders, or other harvesting equipment capable of constructing
fireline, are actively yarding forest products and can quickly reach and effectively attack a fire
start.

Waivers, written in advance, may be used for any and all activities. Activities for which
waivers may be issued include, but are not limited to:

    a.   mechanized loading and hauling;
    b.   road maintenance such as sprinkling, graveling, grading, and paving;
    c.   cable yarding using gravity systems or suspended lines and blocks, or other yarding
         systems where extra prevention measures will significantly reduce the risk of fire;
    d.   power saws at loading sites or in felling and bucking where extra prevention
         measures will significantly reduce the risk of fire;
    e.   maintenance of equipment (other than metal cutting and welding) or improvements
         such as structures, fences, and powerlines.

Such waiver, or substitute precautions will prescribe measures to be taken by the Contractor
to reduce the risk of ignition, and/or the spread of fire. The Contracting officer shall consider
site-specific weather factors, fuel conditions, and specific operations that result in less risk of
fire ignition and/or spread than contemplated when precaution level was predicted.
Consideration shall also be given to measures that reduce the precaution levels above. The
Contractor shall assure that all conditions of such waivers or substitute precautions are met.

                                   Page 4 of 8
The Contractor shall obtain the predicted Industrial Fire Precaution Level daily, prior to the
start of work, from the appropriate Ranger District headquarters. If predictions made after
6:00 p.m., local time, are significantly different than the original prediction, the Forest Service
will inform the Contractor when changes in restrictions or industrial precautions are made.

NOTE: The IFPL system does not apply on lands protected by ODF east of the summit of
      the Cascades.

Where hauling involves transit through more than one shutdown/regulated use area, the
precaution level at the woods loading site shall govern the level of haul restriction, unless
otherwise prohibited by other than industrial precaution level system.

8.   Fire Tools

     The contractor shall furnish serviceable fire fighting tools in a readily accessible fire tool
     box or compartment of sound construction with a hinged lid and hasp so arranged that
     the box can be secured or sealed. The box shall be red and marked "Fire Tools" in
     letters one inch high. It shall contain a minimum of:

         a.    2 axes or Pulaski's with a 32-inch handles;
         b.    3 adze eye hoes, one Pulaski may be substituted for one adze eye hoe;
         c.    3 long-handled, round point shovels, size "0" or larger.

9.   Fire Security

     When the Industrial Fire Precaution Level is "I" or higher, unless a waiver is granted, the
     Contractor shall designate a person who shall perform fire security services listed below
     on the project area and vicinity. The designated person shall be capable of operating the
     Contractor's communications and fire fighting equipment specified in the contract,
     excluding helicopters and of directing the activities of the Contractor's personnel on
     forest fires. In lieu of having the designated person perform the required supervisory
     duties, the Contractor may provide another person meeting the qualifications stated
     above to direct the activities of Contractor's personnel and equipment during all
     firefighting activities.

     Services described shall be for at least one hour from the time the Contractor's
     operations are shut down. For the purposes of this provision, personnel servicing
     equipment, and their vehicles, who are not engaged in cutting or welding metal, are
     excluded.

     Fire security services shall consist of moving throughout the operation area or areas
     constantly looking, reporting, and taking suppression action on any fires detected.
     Where possible, the designated person shall observe inaccessible portions of helicopter
     operating areas from vantage points within or adjacent to project area.

10. Blasting

     Whenever the Industrial Fire Precaution Level is "I" or greater, a fire security person
     equipped with a long handled, round point, No. "0" or larger, shovel, and a five-gallon
     backpack pump can filled with water will stay at location of blast for 1 hour after blasting

                                   Page 5 of 8
       is done. Blasting may be suspended by Forest Service in writing, in an area of high rate
       of spread and resistance to control.

       Fuses shall not be used for blasting. Explosive cords shall not be used without written
       permission of Forest Service, which may specifiy conditions under which such
       explosives may be used and precautions to be taken.

   11. Additional Fire Precautionary Measure 1- Tank Truck

       Contractor shall provide a tank truck or trailer, containing not less than 300 gallons of
       water, during yarding, loading, land clearing, right-of-way clearing and mechanical
       treatment of slash. A tank truck or trailer will not be required if power saw falling and
       bucking is the only operation. Such tank truck or trailer shall be maintained in a
       serviceable condition and located within 10 minutes, round trip, from each project area
       during fire period and closed season.

       The tank truck or trailer shall be equipped with a pump capable of discharging 20
       gallons of water per minute, using a 1;4 inch nozzle tip, through a 50 foot length of rubber
       lined hose. In addition, 500 feet of serviceable fabric jacket rubber lined hose of not less
       than 1 inch outside diameter, fitted with a nozzle capable of discharging a straight
       stream of 1;4 inch diameter and a spray pattern shall be immediately available for use.
       The tank, pump and at least 250 feet of hose and nozzle shall be connected and ready
       for use at all times.

       If a trailer is used, it shall be equipped with a hitch to facilitate prompt movement. A
       serviceable tow vehicle shall be immediately available for attachment to the trailer and
       must meet the time requirements stated above. Such truck or trailer shall be equipped to
       operate for a minimum of 8 hours. Tank truck or trailer shall be available from the start of
       work to the end of the Fire Watch/Fire Security service.

   12. Additional Fire Precautionary Measure 2 - Communications

       The Contractor shall provide adequate to-way communication facilities to report a fire to
       Forest Service within 15 minutes of detection. FCC Regulations prohibit commercial use
       of Citizen Band (CB) radios. (CB's are not considered adequate two-way
       communications). Such communications shall be operable during periods of operation of
       power-driven equipment; including the time fire security is required.

USDA Forest Service - Region 6
   Fire Plan
   (For use with forms R6-FS-6300-50,
   R6-FS-6300-51, and R6-FS-6300-52)

   Contractor__________ Contract Number_ _ _ _ _ _ _ __

   Project Name_________ Contract Performance Period _ _ _ __


                                    Page 6 of 8
Contractor's Representative for Fire Matters

                                                    Telephone Number
                                                Office         Residence



Contracting Officer's Representative

                                                    Telephone Number
                                                Office         Residence



Forest Service Inspector(s)

                                                    Telephone Number
                                                Office         Residence



Action by Contractor

The contractor shall take all reasonable and practical action to prevent and suppress fires in
the project area. The Contractor shall take suppression action immediately upon discovery of
or becoming aware of such fire.

Action by Forest Service

The forest service may counsel with the Contractor on suppression action and will, when
necessary, supplement the Contractor's efforts by furnishing personnel and equipment not
available to the Contractor. In the event that a fire is not suppressed by the Contractor and
will require appreciable reinforcements, the Forest Service may take over suppression of the
fire and may employ the Contractor's Personnel and equipment.

Fire Prevention and Suppression

Predicted fire precautions class may be obtained from the following local sources:

The Contractor has employed or designated the following named individual(s) as fireguard,
whose duty is the detection and suppression of fires:

                                                    Telephone Number
                                                Office         Residence




Contractor will [ ], will not [ ], permit employees to smoke while in the project area. Open
fires will [ ], will not [ ], be permitted by the contractor. Although these activities may be

                                  Page 7 of 8
permitted by the Contractor, it is understood that neither shall be allowed without being
authorized in writing by the Contracting Officer's Representative.

Fires shall be reported to one of the following Forest Service employees:

                                                                  Telephone Number

                                                          Residence




Contractor's Employees Possessing Special Fires Qualifications

Name                                    Best Fire Assignment          Other Qualifications




Total number of employees who could perform firefighting duties_ _ _ _ _ __

Contractor's Equipment Available for Firefighting

Description, Type                                       Number
Make, Model, Size                                       Units             Location




Joint Preparation of this fire plan is acknowledged:


Contractor or Designated Representative         Contracting Officer's Representative

Date:                                           Date:


                                  Page 8 of 8
                           APPENDIX B

NPDES General Permit For Stormwater Discharges From
              Construction Activities




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
NPDES General Permit for Stormwater Discharges From Construction Activities
                                   As modified effective January 8, 2009
Table of Contents
PART 1: COVERAGE UNDER THIS PERMIT .......................................................... 2
 1.1     Introduction .......................................................................................................... 2
 1.2     Permit Area .......................................................................................................... 2
 1.3     Eligibility ............................................................................................................. 2
 1.4     Waivers for Certain Small Construction Activities ............................................. 6
PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM
CONSTRUCTION ACTIVITY .......................•.............•...........•...•..........................•...•.. 6
 2.1     How to Obtain Authorization ............................................................................... 6
 2.2     How to Submit Your NOL ................................................................................... 7
 2.3     Authorization to Discharge Date ......................................................................... 7
 2.4     Submission Deadlines .......................................................................................... 7
 2.5     Continuation of the Expired General Permit ....................................................... 8
 2.6     Requiring Coverage Under an Individual Permit or an Alternative General
        Permit ................................................................................................................... 8
PART 3: EFFLUENT LIMITS ........................................................................................ 9
 3.1    Effluent Limits to Reduce Pollutants in Stormwater Discharges ........................ 9
 3.2    Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges .............. 12
 3.3    Effluent Limits Related to Endangered Species ................................................ 12
 3.4    Attainment of Water Quality Standards ............................................................. 12
 3.5     Consistency with Total Maximum Daily Loads ................................................ 12
 3.6    Maintenance of Control Measures ..................................................................... 13
 3.7    Training of Employees ....................................................................................... 13
 3.8    Applicable State, Tribal, or Local Programs ..................................................... 13
PART 4: INSPECTIONS ............................................................................................... 13
PART 5: STORMWATERPOLLUTION PREVETNION PLANS (SWPPPs) ...... 15
 5.1   Stormwater Pollution Prevention Plan Framework ........................................... 15
 5.2   SWPPP Contents: Site and Activity Description ............................................... 16
 5.3   Description of Control Measures to Reduce Pollutant Discharges .................... 16
 5.4   Non-Stormwater Discharges .............................................................................. 17
 5.5   Documentation of Permit Eligibility Related to Endangered Species ............... 17
 5.6   Documentation of Permit Eligibility Related to Total Maximum Daily Loads. 18
 5.7   Copy of Permit Requirements ............................................................................ 18
 5.8   Applicable State, Tribal, or Local Programs ..................................................... 18
 5.9   Inspections ......................................................................................................... 18
 5.1 0 Maintaining an Updated Plan ............................................................................. 18
 5.11 Signature, Plan Review and Making Plans Available ....................................... 19
 5.12 Requirements for Different Types of Operators ................................................ 20
PART 6: TERMINATION OF COVERAGE .............................................................. 21
 6.1   Submitting a Notice of Termination .................................................................. 21
 6.2   When to Submit a Notice of Termination .......................................................... 21
PART 7: RETENTION OF RECORDS ...........•.•.•....................................................... 21


Small and Large Construction Activities
PART 8: REOPENER CLAUSE ..............................................................................•.... 21
 8.1   Procedures for Modification or Revocation ....................................................... 21
 8.2   Water Quality Protection ................................................................................... 22
 8.3   Timing of Permit Modification .......................................................................... 22
PART 9: STANDARD PERMIT CONDITIONS ........................................................ 22
PART 10: PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES,
INDIAN COUNTRY, OR TERRITORIES .................................................................. 22
  Appendix A - Definitions and Acronyms .................................................................... A-I
  Appendix B - Permit Areas Eligible for Coverage ...................................................... B-1
  Appendix C - Endangered Species Act Review Procedures ........................................ C-1
  Appendix D - Small Construction Waivers and Instructions ....................................... D-1
  Appendix E - Notice ofIntent Form and Instructions .................................................. E-1
  Appendix F - Notice of Termination Form and Instructions ........................................ F-l
  Appendix G - Standard Permit Conditions .................................................................. G-l




Small and Large Construction Activities                                                                            11
                                                                                                     General Permit


                        National Pollutant Discharge Elimination System
                              General Permit for Discharges from
                            Large and Small Construction Activities

In compliance with the provisions of the Clean Water Act, 33 U.S.C. §1251 et. seq.,
(hereafter CWA or the Act), as amended by the Water Quality Act of 1987, P.L. 100-4,
operators of large and small construction activities that are described in Part 1.3 of this
National Pollutant Discharge Elimination System (NPDES) general permit, except for
those activities excluded from authorization of discharge in Part 1.3.C of this permit are
authorized to discharge pollutants to waters of the United States in accordance with the
conditions and requirements set forth herein. Permit coverage is required from the
"commencement of construction activities" until "final stabilization" as defined in
AppendixA.

     This permit shall become effective on June 30, 2008.

     This permit and the authorization to discharge shall expire at midnight, June 30, 2010.

Signed:
Stephen S. Perkins, Director, Office of Ecosystem Protection
EPA Region 1

Barbara Finazzo, Director, Division of Environmental Planning and Protection
EPA Region 2

Carl-Axel P. Soderberg, Division Director, Caribbean Environmental Protection Division
EPA Region 2

Jon M. Capacasa, Director, Water Protection Division
EPA Region 3

Tinka Hyde, Director, Water Division
EPA Region 5

Miguel 1. Flores, Director, Water Quality Protection Division
EPA Region 6

William A. Spratlin, Director, Water, Wetlands and Pesticides Divisiori
EPA Region 7

Stephen S. Tuber, Assistant Regional Administrator, Office of Partnerships & Regulatory Assistance
EPA RegionS

Alexis Strauss, Director, Water Division
EPA Region 9

Michael Gearheard, Director, Office of Water and Watersheds
EPA Region 10

The signatures are for the permit conditions in Parts 1 through 10 and Appendices A
through G, and for any additional conditions which apply to facilities located in the
corresponding state, Indian country, or other area.


Small and Large Construction Activities
                                                                               General Permit


PART 1: COVERAGE UNDER THIS PERMIT

1.1     Introduction
This Construction General Permit (CGP) authorizes stormwater discharges from large
and small construction activities that result in a total land disturbance of equal to or
greater than one acre, where those discharges enter surface waters of the United States or
a municipal separate storm sewer system (MS4) leading to surface waters of the United
States subject to the conditions set forth in this permit. This permit also authorizes
stormwater discharges from any other construction activity designated by EPA where
EPA makes that designation based on the potential for contribution to an excursion of a
water quality standard or for significant contribution of pollutants to waters of the United
States. This permit replaces the permit issued in 2003 (68 FR 39087, July 1,2003),
including the modification made to that permit in 2004 (69 FR 76743, December 22,
2004).

This permit is presented in a reader-friendly, plain language format. This permit uses the
terms "you" and "your" to identify the person(s) who owns or operates a "facility" or
"activity" as defined in Appendix A and who must comply with the conditions of this
permit. This format should allow you, the permittee and operator of a large or small
construction activity, to easily locate and understand applicable requirements.

The goal of this permit is to minimize the discharge of stormwater pollutants from
construction activity.

1.2      Permit Area
If your large or small construction activity is located within the areas listed in Appendix
B, you may be eligible to obtain coverage under this permit. Permit coverage is actually
provided by legally separate and distinctly numbered permits covering each of the areas
listed in Appendix B.

1.3     Eligibility
Permit eligibility is limited to discharges from "large" and "small" construction activity,
and to "new projects" and "unpermitted ongoing projects," as defined in Appendix A or
as otherwise designated by EPA. This general permit contains eligibility restrictions, as
well as permit conditions and requirements. You may have to take certain actions to be
eligible for coverage under this permit. In such cases, you must continue to satisfy those
eligibility provisions to maintain permit authorization. If you do not meet the
requirements that are a pre-condition to eligibility, then resulting discharges constitute
unpermitted discharges. By contrast, if you eligible for coverage under this permit and do
not comply with the requirements of the general permit, you may be in violation of the
general permit for your otherwise eligible discharges.

A. Allowable Storm water Discharges
Subject to compliance with the terms and conditions of this pennit, you are authorized to
discharge pollutants in:




Small and Large Construction Activities                                                       2
                                                                              General Permit


    1. Stormwater discharges associated with large and small construction activity from
       "new projects" and "unpermitted ongoing projects" as defined in Appendix A;
    2. Stormwater discharges designated by EPA as needing a stormwater permit under
       40 CFR §I22.26(a)(I)(v) or §I22.26(b)(l5)(ii);
    3. Discharges from support activities (e.g., concrete or asphalt batch plants,
       equipment staging yards, material storage areas, excavated material disposal
       areas, borrow areas) provided:
       a. The support activity is directly related to the construction site required to have
           NPDES permit coverage for discharges of stormwater associated with
           construction activity;
       b. The support activity is not a commercial operation serving multiple unrelated
           construction projects by different operators, and does not operate beyond the
           completion of the construction activity at the last construction project it
           supports; and
       c. Pollutant discharges from support activity areas are minimized in compliance
           with Part 3.l.G; and
    4. Discharges composed of allowable discharges listed in I.3.A and I.3.B
       commingled with a discharge authorized by a different NPDES permit and/or a
       discharge that does not require NPDES permit authorization.

B. Allowable Non-Stormwater Discharges
You are authorized for the following non-stormwater discharges, provided the non-
stormwater component of the discharge is in compliance with Part 5.4 (Non-Stormwater
Discharges):

    1.  Discharges from fire-fighting activities;
    2.  Fire hydrant flushings;
    3.  Waters used to wash vehicles where detergents are not used;
    4.  Water used to control dust in accordance with Part 3.l.B;
    5.  Potable water including uncontaminated water line flushings;
    6.  Routine external building wash down that does not use detergents;
    7.  Pavement wash waters where spills or leaks of toxic or hazardous materials have
        not occurred (unless all spilled material has been removed) and where detergents
        are not used;
    8. Uncontaminated air conditioning or compressor condensate;
    9. Uncontaminated ground water or spring water;
    10. Foundation or footing drains where flows are not contaminated with process
        materials such as solvents;
    11. Uncontaminated excavation dewatering;
    12. Landscape irrigation.

C. Limitations on Coverage
    1. This permit does not authorize post-construction discharges that originate from
       the site after construction activities have been completed and the site has achieved
       final stabilization, including any temporary support activity. Post-construction




Small and Large Construction Activities                                                    3
                                                                               General Permit


         stormwater discharges from industrial sites may need to be covered by a separate
         NPDES permit.
    2.   This permit does not authorize discharges mixed with non-stormwater. This
         exclusion does not apply to discharges identified in Part 1.3.B, provided the
         discharges are in compliance with Part 5.4 (Non-Stormwater Discharges).
    3.   This permit does not authorize stormwater discharges associated with
         construction activity that have been covered under an individual permit or
         required to obtain coverage under an alternative general permit in accordance
         with Part 2.6.
    4.   This permit does not authorize discharges that EPA, prior to authorization under
         this permit, determines will cause, have the reasonable potential to cause, or
         contribute to an excursion above any applicable water quality standard. Where
         such a determination is made prior to authorization, EPA may notify you that an
         individual permit application is necessary in accordance with Part 2.6. However,
         EPA may authorize your coverage under this permit after you have included
         appropriate controls and implementation procedures in your permit designed to
         bring your discharge into compliance with water quality standards.
    5.   Discharging into Receiving Waters With an Approved or Established Total
         Maximum Daily Load Analysis
         a. You are not eligible for coverage under this permit for discharges of pollutants
             of concern to waters for which there is a total maximum daily load (TMDL)
             established or approved by EPA unless implement measures or controls that
             are consistent with the assumptions and requirements of such TMDL. To be
             eligible for coverage under this general permit, you must implement
             conditions applicable to your discharges necessary for consistency with the
             assumptions and requirements of such TMDL. If a specific wasteload
             allocation has been established that would apply to your discharge, you must
             implement necessary steps to meet that allocation.
         b. In a situation where an EPA-approved or established TMDL has specified a
             general wasteload allocation applicable to construction stormwater discharges,
             but no specific requirements for construction sites have been identified in the
             TMDL, you should consult with the State or Federal TMDL authority to
             confirm that meeting the effluent limits in Part 3 of this permit will be
             consistent with the approved TMDL. Where an EPA-approved or established
             TMDL has not specified a waste load allocation applicable to construction
             stormwater discharges, but has not specifically excluded these discharges,
             compliance with the effluent limits in Part 3 of this permit will generally be
             assumed to be consistent with the approved TMDL. If the EPA-approved or
             established TMDL specifically precludes such discharges, the operator is not
             eligible for coverage under the COP.
    6.   Endangered and Threatened Species and Critical Habitat Protection
         a. Coverage under this permit is available only if your stormwater discharges,
             allowable non-stormwater discharges, and stormwater discharge-related
             activities, as defined in Appendix A, are not likely to jeopardize the continued
             existence of any species that are federally-listed as endangered or threatened
             ("listed") under the Endangered Species Act (ESA) or result in the adverse



Small and Large Construction Activities                                                    4
                                                                              General Permit


            modification or destruction of habitat that is federally-designated as critical
            under the ESA ("critical habitat").
        b. You are not eligible to discharge if the stormwater discharges, allowable non-
            stormwater discharges, or stormwater discharge-related activities would cause
            a prohibited "take" of federally-listed endangered or threatened species (as
            defined under section 3 of the ESA and 50 CFR 17.3), unless such takes are
            authorized under sections 7 or 10 of the ESA.
        c. Determining Eligibility: You must use the process in Appendix C (ESA
            Review Procedures) to determine eligibility PRIOR to submittal of the Notice
            ofIntent (NOI). You must meet one or more of the following six criteria (A-
            F) for the entire term of coverage under the permit:
        Criterion A. No federally-listed threatened or endangered species or their
                        designated critical habitat are in the project area as defined in
                        Appendix C; or
        Criterion B. Formal consultation with the Fish and Wildlife Service and/or the
                        National Marine Fisheries Service under section 7 of the ESA has
                        been concluded and that consultation:
                        1.  Addressed the effects of the project's stormwater discharges,
                            allowable non-stormwater discharges, and stormwater
                            discharge-related activities on federally-listed threatened or
                            endangered species and federally-designated critical habitat,
                            and
                        11. The consultation resulted in either:
                            a. Biological opinion finding no jeopardy to federally-listed
                                 species or destruction/adverse modification of federally-
                                 designated critical habitat, or
                            b. Written concurrence from the Service(s) with a finding that
                                the stormwater discharges, allowable non-stormwater
                                discharges, and stormwater discharge-related activities are
                                not likely to adversely affect federally-listed species or
                                federally-designated critical habitat; or
        Criterion C. Informal consultation with the Fish and Wildlife Service and/or the
                        National Marine Fisheries Service under section 7 of the ESA has
                        been concluded and that consultation:
                        1.  Addressed the effects of the project's stormwater discharges,
                            allowable non-stormwater discharges, and stormwater
                            discharge-related activities on federally-listed threatened or
                            endangered species and federally-designated critical habitat,
                            and
                        11. The consultation resulted in either:
                            a. Biological opinion finding no jeopardy to federally-listed
                                species or destruction/adverse modification of federally-
                                designated critical habitat, or
                            b. Written concurrence from the Service(s) with a finding that
                                the stormwater discharges, allowable non-stormwater
                                discharges, and stormwater discharge-related activities are



Small and Large Construction Activities                                                   5
                                                                               General Permit


                                not likely to adversely affect federally-listed species or
                                federally-designated critical habitat; or
        Criterion D. The construction activities are authorized through the issuance of a
                       permit under section 10 of the ESA, and that authorization
                       addresses the effects of the stormwater discharges, allowable non-
                       stormwater discharges, and stormwater discharge-related activities
                       on federally-listed species and federally-designated critical habitat;
                       or
        Criterion E. Stormwater discharges, allowable non-stormwater discharges, and
                       stormwater discharge-related activities are not likely to adversely
                       affect any federally-listed threatened or endangered species or
                       result in the destruction or adverse modification of federally-
                       designated critical habitat; or
        Criterion F. The project's stormwater discharges, allowable non-stormwater
                       discharges, and stormwater discharge-related activities were
                       already addressed in another operator's valid certification of
                       eligibility under Criteria A-E which included your construction
                       activities and there is no reason to believe that federally-listed
                       species or federally-designated critical habitat not considered in the
                       prior certification may be present or located in the project area. By
                       certifying eligibility under this criterion, you agree to comply with
                       any measures or controls upon which the other operator's
                       certification was based.
You must comply with any applicable terms, conditions, or other requirements developed
in the process of meeting the eligibility requirements of the criteria in this section to
remain eligible for coverage under this permit.
    7. Historic Properties
        [Reserved]
        You are reminded that you must comply with applicable state, tribal and local
        laws concerning the protection of historic properties and places.

1.4     Waivers for Certain Small Construction Activities
Three scenarios exist under which small construction activities (see definition in
Appendix A) may be waived from the NPDES permitting requirements detailed in this
general permit. These exemptions are predicated on certain criteria being met and proper
notification procedures being followed. Details of the waiver options and procedures for
requesting a waiver are provided in Appendix D.

PART 2: AUTHORIZATION FOR DISCHARGES OF STORMWATER FROM
CONSTRUCTION ACTIVITY

2.1     How to Obtain Authorization
To obtain coverage under this general permit, you, the operator, must prepare and submit
a complete and accurate Notice ofIntent (NOI), as described in this Part. Discharges are
not authorized if your NOI is incomplete or inaccurate or if you were never eligible for
permit coverage.



Small and Large Construction Activities                                                    6
                                                                              General Permit




2.2      How to Submit Your NOI
You must either use EPA's electronic NOI system (accessible at
www.epa.gov/npdes/eNOI or use a paper form (included in Appendix E) and then submit
that paper form to:

For Regular U.S. Mail Delivery:                  For Overnight/Express Mail Delivery:
EPA Stormwater Notice Processing                 EPA Stormwater Notice Processing
Center                                           Center
Mail Code 4203M                                  Room 7420
U.S. EPA                                         U.S. EPA
1200 Pennsylvania Avenue, NW                     1201 Constitution Avenue, NW
Washington, DC 20460                             Washington, DC 20004


2.3      Authorization to Discharge Date
You are authorized to discharge stormwater from construction activities under the terms
and conditions of this permit seven (7) calendar days after acknowledgment of receipt of
your complete NOI is posted on EPA's NPDES website
http://www.epa.gov/npdes/stormwatericgp. The exception to this 7-day time frame is if
EPA delays your authorization based on eligibility considerations of Part 1.3 (e.g., ESA
concerns). Under this circumstance, you are not authorized for coverage under this permit
until you receive notice from EPA of your eligibility.

2.4     Submission Deadlines

A. New Projects: To obtain coverage under this permit, you must submit a complete and
   accurate NOI and be authorized consistent with Part 2.3 prior to your commencement
   of construction activities.

B. Permitted Ongoing Projects: Permitted ongoing projects are not eligible for coverage
   under this permit. If you previously received authorization to discharge for your
   project under the 2003 CGP, your authorization will be automatically continued under
   that permit until the expiration of this permit and the issuance of a new CGP, or the
   termination of coverage by you under the 2003 CGP, whichever is earlier. Note: If
   you are an operator of a permitted ongoing project and you transfer ownership of the
   project. or a portion thereof, to a different operator, that operator will be required to
   submit a complete and accurate NOI for a new project in accordance with Part 2.2.


C. Unpermitted Ongoing Projects: If you previously did not receive authorization to
   discharge for your project under the 2003 CGP and you wish to obtain coverage
   under this permit, you must submit an NOI within 90 days of the issuance date of this
   permit.




Small and Large Construction Activities                                                   7
                                                                              General Permit


D. Late Notifications: Operators are not prohibited from submitting NOIs after initiating
   clearing, grading, excavation activities, or other construction activities. When a late
   NOI is submitted, authorization for discharges occurs consistent with Part 2.3. The
   Agency reserves the right to take enforcement action for any unpermitted discharges
   that occur between the commencement of construction and discharge authorization.

2.5      Continuation of the Expired General Permit
If this permit is not reissued or replaced prior to the expiration date, it will be
administratively continued in accordance with the Administrative Procedure Act and
remain in force and effect. If you were granted permit coverage prior to the expiration
date, you will automatically remain covered by the continued permit until the earliest of:

A. Reissuance or replacement of this permit, at which time you must comply with the
   conditions of the new permit to maintain authorization to discharge; or

B. Your submittal ofa Notice of Termination; or

C. Issuance of an individual permit for the project's discharges; or

D. A formal permit decision by EPA to not reissue this general permit, at which time
   you must seek coverage under an alternative general permit or an individual permit.

2.6     Requiring Coverage Under an Individual Permit or an Alternative General
        Permit

A. EPA may require you to apply for and/or obtain either an individual NPDES permit
   or coverage under an alternative NPDES general permit. Any interested person may
   petition EPA to take action under this paragraph. If EPA requires you to apply for an
   individual NPDES permit, EPA will notify you in writing that a permit application is
   required. This notification will include a brief statement of the reasons for this
   decision and an application form. In addition, if you are an existing permittee covered
   under this permit, the notice will set a deadline to file the application, and will
   include a statement that on the effective date of issuance or denial of the individual
   NPDES permit or the coverage or denial of coverage under the alternative general
   permit as it applies to you, coverage under this general permit will automatically
   terminate. Applications must be submitted to EPA at the applicable EPA Regional
   offices listed in Appendix B of this permit. EPA may grant additional time to submit
   the application upon your request. If you are covered under this permit and you fail to
   submit in a timely manner an individual NPDES permit application as required by
   EPA, then the applicability of this permit to you is automatically terminated at the
   end of the day specified by EPA as the deadline for application submittal.

B. You may request to be excluded from coverage under this general permit by applying
   for an individual permit. In such a case, you must submit an individual application in
   accordance with the requirements of 40 CFR § 122~26( c)(1 )(ii), with reasons
   supporting the request, to EPA at the applicable EPA Regional office listed in



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                                                                              General Permit


    Appendix B of this permit. The request may be granted by issuance of an individual
    permit or coverage under an alternative general permit if your reasons are adequate to
    support the request.

C. When an individual NPDES permit is issued to you (as an entity that is otherwise
   subject to this permit), or you are authorized to discharge under an alternative
   NPDES general permit, the applicability of this permit to you is automatically
   terminated on the effective date of the individual permit or the date of authorization
   of coverage under the alternative general permit, whichever the case may be. If you
   (as an entity that is otherwise subject to this permit) are denied an individual NPDES
   permit or an alternative NPDES general permit, the applicability of this permit to you
   is automatically terminated on the date of such denial, unless otherwise specified by
   EPA.

PART 3: EFFLUENT LIMITS
This section includes technology-based and water quality-based effluent limits that apply
to all dischargers, unless otherwise specified. You must select, install, and maintain
control measures (e.g., Best Management Practices ("BMPs"), controls, practices, etc.)
for each major construction activity, identified in your Part 5 project description, to meet
these effluent limits. All control measures must be properly selected, installed, and
maintained in accordance with any relevant manufacturer specifications and good
engineering practices. You must implement the control measures from commencement of
construction activity until final stabilization is complete.

The term "minimize" as used in Part 3 means reduce and/or eliminate to the exteht
achievable using control measures that are technologically available and economically
practicable and achievable in light of best industry practice.

3.1   Effluent Limits to Reduce Pollutants in Storm water Discharges
You must implement control measures to minimize pollutants in stormwater discharges.

A. Sediment Controls: You must implement the following, where applicable:

    1. Sediment Basins: For common drainage locations that serve an area with 10 or
       more acres disturbed at one time, a temporary (or permanent) sediment basin that
       provides storage for a calculated volume of runoff from the drainage area from a
       2-year, 24-hour storm, or equivalent control measures, must be provided where
       attainable until final stabilization of the site. Where no such calculation has been
       performed, a temporary (or permanent) sediment basin providing 3,600 cubic feet
       of storage per acre drained, or equivalent control measures, must be provided
       where attainable until final stabilization of the site. When computing the number
       of acres draining into a common location, it is not necessary to include flows from
       offsite areas and flows from on-site areas that are either undisturbed or have
       undergone final stabilization where such flows are diverted around both the
       disturbed area and the sediment basin. In determining whether installing a
       sediment basin is attainable, the operator may consider factors such as site soils,



Small and Large Construction Activities                                                   9
                                                                             General Permit


        slope, available area on-site, etc. In any event, the operator must consider public
        safety, especially as it relates to children, as a design factor for the sediment
        basin, and alternative sediment controls must be used where site limitations would
        preclude a safe design.

    2. For drainage locations which serve 10 or more disturbed acres at one time and
       where a temporary sediment basin or equivalent controls is not attainable, smaller
       sediment basins andlor sediment traps should be used. At a minimum, silt fences,
       vegetative buffer strips, or equivalent sediment controls are required for all down
       slope boundaries (and for those side slope boundaries deemed appropriate as
       dictated by individual site conditions).

    3. For drainage locations serving less than 10 acres, smaller sediment basins andlor
       sediment traps should be used. At a minimum, silt fences, vegetative buffer strips,
       or equivalent sediment controls are required for all down slope boundaries (and
       for those side slope boundaries deemed appropriate as dictated by individual site
       conditions) of the construction area unless a sediment basin providing storage for
       a calculated volume of runoff from a 2-year, 24-hour storm or 3,600 cubic feet of
       storage per acre drained is provided.

B. Off-Site Sediment Tracking and Dust Control: You must minimize off-site vehicle
   tracking of sediments onto paved surfaces and the generation of dust. If sediment
   escapes the construction site, off-site accumulations of sediment must be removed at
   a frequency sufficient to minimize off-site impacts.

C. RunoffManagement: You must divert flows from exposed soils, retain/detain flows
   or otherwise minimize runoff and the discharge of pollutants from exposed areas of
   the site. You must avoid placement of structural practices in floodplains to the degree
   technologically and economically practicable and achievable.

D. Erosive Velocity Control: You must place velocity dissipation devices at discharge
   locations and along the length of any outfall channel to provide a non-erosive flow
   velocity from the structure to a water course so that the natural physical and
   biological characteristics and functions are maintained and protected (e.g., no
   significant changes in the hydrological regime of the receiving water).

E. Post-Construction Storm water Management: You must comply with any applicable
   federal, local, state, or tribal requirements regarding the design and installation of
   post-construction stormwater controls. Structural measures should be placed on
   upland soils to the degree practicable and achievable.

F. Construction and Waste Materials: You must:
   1. Prevent the discharge of solid materials, including building materials, to waters of
      the United States, except as authorized by a permit issued under section 404 of the
      CWA;




Small and Large Construction Activities                                                 10
                                                                              General Permit


    2. Minimize exposure of construction and waste materials to stormwater, and the
       occurrence of spills, through the use of storage practices, prevention and response
       practices, and other controls;                 .
    3. Prevent litter, construction debris, and construction chemicals (e.g., diesel fuel,
       hydraulic fluids, and other petroleum products) that could be exposed to
       stormwater from becoming a pollutant source in stormwater discharges.

G. Non-Construction Wastes: You must minimize pollutant discharges from areas
   other than construction (including stormwater discharges from dedicated asphalt
   plants and dedicated concrete plants).

H. Erosion Control and Stabilization:
   1. General Requirements: You must stabilize the site. You must ensure that
       existing vegetation is preserved where possible and that disturbed portions of the
       site are stabilized. You should avoid using impervious surfaces for stabilization.
   2. Initiation Deadlines: You must initiate stabilization measures, except as
       provided below, as soon as practicable in portions of the site where construction
       activities have temporarily or permanently ceased, but in no case more than 14
       days after the construction activity in that portion of the site has temporarily or
       permanently ceased.
        1.   Where stabilization by the 14th day is precluded by snow cover or frozen
             ground conditions, stabilization measures must be initiated as soon as
             practicable.
       11.   Where construction activity on a portion of the site is temporarily ceased,
             and earth disturbing activities will be resumed within 14 days, temporary
             stabilization measures do not have to be initiated on that portion of the site.
      Ill.   In arid, semiarid, and drought-stricken areas where initiating perennial
             vegetative stabilization measures is not possible within 14 days after
             construction activity has temporarily or permanently ceased, final vegetative
             stabilization measures must be initiated as soon as practicable.

I. Spills / Releases in Excess ofReportable Quantities: You are not authorized to
discharge hazardous substances or oil resulting from an on-site spill. This permit does
not relieve you of the federal reporting requirements of 40 CFR Part 110, 40 CFR Part
117 and 40 CFR Part 302 relating to spills or other releases of oils or hazardous
substances.

Where a release containing a hazardous substance or oil in an amount equal to or in
excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part
117 or 40 CFR Part 302, occurs during a 24-hour period:

    •   you must provide notice to the National Response Center (NRC) (800--424-8802;
        in the Washington, DC, metropolitan area call 202-267-2675) in accordance with
        the requirements of 40 CFR Part 110, 40 CFR Part 117 and 40 CFR Part 302 as
        soon as site staff have knowledge of the discharge; and




Small and Large Construction Activities                                                   11
                                                                                General Permit


    •    you must, within 7 calendar days of knowledge of the release, provide a
         description of the release, the circumstances leading to the release, and the date of
         the release. You must also implement measures to prevent the reoccurrence of
         such releases and to respond to such releases.

3.2   Effluent Limits to Reduce Pollutants in Non-Stormwater Discharges
You must minimize any non-stormwater discharges authorized by this permit.

3.3    Effluent Limits Related to Endangered Species
You must protect federally-listed endangered or threatened species, or federally-
designated critical habitat to maintain eligibility under Part I.3.C.6.

3.4     Attainment of Water Quality Standards
A. You must select, install, implement and maintain control measures at your
    construction site that minimize pollutants in the discharge as necessary to meet
    applicable water quality standards. In general, except in situations explained in Part
    3.4.B below, your stormwater controls developed, implemented, and updated
    consistent with the other provisions of Part 3 are considered as stringent as necessary
    to ensure that your discharges do not cause or contribute to an excursion above any
    applicable water quality standard.

R At any time after authorization, EPA may determine that your stormwater discharges
  may cause, have reasonable potential to cause, or contribute to an excursion above
  any applicable water quality standard. If such a determination is made, EPA will
  require you to:

    1.   Modify your stormwater controls in accordance with Part 3.6 to address
         adequately the identified water quality concerns;
    11. Submit valid and verifiable data and information that are representative of
         ambient conditions and indicate that the receiving water is attaining water quality
         standards; or
    iii. Cease discharges of pollutants from construction activity and submit an individual
         permit application according to Part 2.6.

All written responses required under this part must include a signed certification
consistent with Appendix G, Section 11.

3.5      Consistency with Total Maximum Daily Loads
If you are discharging into a water with an EPA established or approved TMDL, you
must implement measures to ensure that your discharge of pollutants from the site is
consistent with the assumptions and requirements of the EPA-established or approved
TMDL, including any specific wasteload allocation that has been established that would
apply to your discharge. See Part I.3.C.S for further information on determining permit
eligibility related to TMDLs.




Small and Large Construction Activities                                                    12
                                                                                 General Permit


3.6     Maintenance of Control Measures
A. You must maintain all control measures and other protective measures in effective
    operating condition. If site inspections required by Part 4 identify BMPs that are not
    operating effectively, you must perform maintenance as soon as possible and before
    the next storm event whenever practicable to maintain the continued effectiveness of
    stormwater controls.

B. If existing BMPs need to be modified or if additional BMPs are necessary for any
   reason, you must complete implementation before the next storm event whenever
   practicable. If implementation before the next storm event is impracticable, you must
   implement alternative BMPs as soon as possible.

C. You must remove sediment from sediment traps or sedimentation ponds when design
   capacity has been reduced by 50 percent.

D. You must remove trapped sediment from a silt fence before the deposit reaches 50
   percent of the above-ground fence height (or before it reaches a lower height based
   on manufacturer's specifications).

3.7    Training of Employees
You must train employees and subcontractors as necessary to make them aware of the
applicable control measures implemented at the site so that they follow applicable
procedures.

3.8     Applicable State, Tribal, or Local Programs
You must ensure that the stormwater controls implemented at your site are consistent
with all applicable federal, state, tribal, or local requirements for soil and erosion control
and stormwater management.

PART 4: INSPECTIONS
A. Inspection Frequency: You must conduct inspections in accordance with one of the
   two schedules listed below. You must specify in your SWPPP which schedule you
   will be following.
   1. At least once every 7 calendar days, OR
   2. At least once every 14 calendar days and within 24 hours of the end of a storm
       event of 0.5 inches or greater.

B. Case-by-Case Reductions in Inspection Frequency: You may reduce your
   inspection frequency to at least once every month if:
   1. The entire site is temporarily stabilized,
   2. Runoff is unlikely due to winter conditions (e.g., site is covered with snow, ice, or
       the ground is frozen), or
   3. Construction is occurring during seasonal arid periods in arid areas and semi-arid
       areas.




Small and Large Construction Activities                                                     13
                                                                              General Permit


c. Inspection Waiver for Frozen Conditions:      A waiver ofthe inspection requirements
    is available until one month before thawing conditions are expected to result in a
    discharge if all of the following requirements are met:
    1. The project is located in an area where frozen conditions are anticipated to
        continue for extended periods of time (i.e., more than one month);
    2. Land disturbance activities have been suspended; and
    3. The beginning and ending dates of the waiver period are documented in the
        SWPPP.

D. Qualified Personnel: Inspections must be conducted by qualified personnel
   (provided by the operator or cooperatively by multiple operators). "Qualified
   personnel" means a person knowledgeable in the principles and practice of erosion
   and sediment controls who possesses the skills to assess conditions at the construction
   site that could impact stormwater quality and to assess the effectiveness of any
   sediment and erosion control measures selected to control the quality of stormwater
   discharges from the construction activity.

E. Scope ofInspections: Inspections must include all areas of the site disturbed by
   construction activity and areas used for storage of materials that are exposed to
   precipitation. Inspectors must look for evidence of, or the potential for, pollutants
   entering the stormwater conveyance system. Sedimentation and erosion control
   measures must be observed to ensure proper operation. Discharge locations must be
   inspected to ascertain whether erosion control measures are effective in preventing
   significant impacts to waters of the United States, where accessible. Where discharge
   locations are inaccessible, nearby downstream locations must be inspected to the
   extent that such inspections are practicable. Locations where vehicles enter or exit the
   site must be inspected for evidence of off-site sediment tracking.

F. Reductions in Scope ofInspections for Stabilized Areas: Once a definable area has
   been finally stabilized, no further inspection requirements apply to that portion of the
   site (e.g., earth-disturbing activities around one of three buildings in a complex are
   done and the area is finally stabilized, one mile of a roadway or pipeline project is
   done and finally stabilized, etc).

G. Utility Line Inspections: Utility line installation, pipeline construction, and other
   examples oflong, narrow, linear construction activities may limit the access of
   inspection personnel to the areas described in Part 4.E above. Inspection of these
   areas could require that vehicles compromise temporarily or even permanently
   stabilized areas, cause additional disturbance of soils, and increase the potential for
   erosion. In these circumstances, controls must be inspected on the same frequencies
   as other construction projects, but representative inspections may be performed. For
   representative inspections, personnel must inspect controls along the construction site
   for 0.25 mile above and below each access point where a roadway, undisturbed right-
   of-way, or other similar feature intersects the construction site and allows access to
   the areas described above. The conditions of the controls along each inspected 0.25
   mile segment may be considered as representative of the condition of controls along



Small and Large Construction Activities                                                  14
                                                                              General Permit


    that reach extending from the end of the 0.25 mile segment to either the end of the
    next 0.25 mile inspected segment, or to the end of the project, whichever occurs first.

H. Inspection Report: For each inspection required above, you must complete an
   inspection report. At a minimum, the inspection report must include:
   1. The inspection date;
   2. Names, titles, and qualifications of personnel making the inspection;
   3. Weather information for the period since the last inspection (or since
       commencement of construction activity if the first inspection) including a best
       estimate of the beginning of each storm event, duration of each storm event,
       approximate amount of rainfall for each storm event (in inches), and whether any
       discharges occurred;
   4. Weather information and a description of any discharges occurring at the time of
       the inspection;
   5. Location(s) of discharges of sediment or other pollutants from the site;
   6. Location(s) ofBMPs that need to be maintained;
   7. Location(s) ofBMPs that failed to operate as designed or proved inadequate for a
       particular location;
   8. Location(s) where additional BMPs are needed that did not exist at the time of
       inspection; and
   9. Corrective action required including implementation dates.

The inspection report must be signed in accordance with Appendix G, Section 11 of this
permit.

PART 5: STORMWATER POLLUTION PREVETNION PLANS (SWPPPs)

5.1     Stormwater Pollution Prevention Plan Framework
You must prepare a SWPPP before submitting your Notice ofIntent (NOI) for permit
coverage. At least one SWPPP must be developed for each construction project covered
by this permit and the stormwater controls implemented at your site must be documented
in the SWPPP. If you prepared a SWPPP for coverage under a previous NPDES permit,
you must review and update the SWPPP prior to submitting your NOr.

The SWPPP does not contain effluent limitations; the technology and water quality-based
effluent limitations are contained in Part 3 of this permit. The SWPPP is intended to
document the selection, design, installation, and implementation of control measures that
are being used to comply with the effluent limitations set forth in Part 3.

The SWPPP must:
   1. Identify all potential sources of pollutants that may reasonably be expected to
      affect the quality of stormwater discharges from the construction site; and
   2. Describe control measures to be used to meet the effluent limits set forth in Part 3.




Small and Large Construction Activities                                                  15
                                                                                 General Permit


5.2       SWPPP Contents: Site and Activity Description
A. Construction Site Operators: The SWPPP must identify all operators for the project
   site, and the areas of the site over which each operator has control.

B. Nature of Construction Activity: The SWPPP briefly must describe the nature of the
   construction activity, including:
   1. The function of the project (e.g., low density residential, shopping mall, highway,
      etc.);
   2. The intended sequence and timing of activities that disturb soils at the site;
   3. Estimates of the total area expected to be disturbed by excavation, grading, or
      other construction activities, including dedicated off-site borrow and fill areas;
      and
   4. A general location map (e.g., USGS quadrangle map, a portion of a city or county
      map, or other map) with enough detail to identify the location of the construction
      site and waters of the United States within one mile of the site.

c.    Site Map: The SWPPP must contain a legible site map, showing the entire site,
      identifying:
      1. Direction(s) of stormwater flow and approximate slopes anticipated after grading
          activities;
      2. Areas of soil disturbance and areas that will not be disturbed (or a statement that
          all areas of the site will be disturbed unless otherwise noted);
      3. Locations of major structural and non structural BMPs identified in the SWPPP;
      4. Locations where stabilization practices are expected to occur;
      5. Locations of off-site material, waste, borrow or equipment storage areas;
      6. Locations of all waters of the United States (including wetlands);
      7. Locations where stormwater discharges to a surface water; and
      8. Areas where final stabilization has been accomplished and no further
          construction-phase permit requirements apply.

D. Construction and Waste Materials: The SWPPP must include a description of
   construction and waste materials expected to be stored on-site with updates as
   appropriate.

E. Locations of Other Industrial Storm water Discharges: The SWPPP must describe
   and identify the location and description of any stormwater discharge associated with
   industrial activity other than construction at the site. This includes stormwater
   discharges from dedicated asphalt plants and dedicated concrete plants that are
   covered by this permit.

5.3   Description of Control Measures to Reduce Pollutant Discharges
A. Control Measures: The SWPPP must include a description of all control measures
      that will be implemented to meet the effluent limits in Part 3. For each major activity
      identified in the project description the SWPPP must clearly document appropriate
      control measures, the general sequence during the construction process in which the




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                                                                               General Permit


    measures will be implemented, and which operator is responsible for the control
    measure's implementation.

B. Stabilization: The SWPPP must include a description of interim and permanent
   stabilization practices for the site, including a schedule of when the practices will be
   implemented.

C. Post-Authorization Records: The following records must be maintained with the
   SWPPP following authorization under this permit:
   1. Dates when grading activities occur;
   2. Dates when construction activities temporarily or permanently cease on a portion
      of the site; and
   3. Dates when stabilization measures are initiated.

5.4     Non-Stormwater Discharges
The SWPPP must identify all allowable sources of non-stormwater discharges listed in
Part 1.3.B of this permit, except for flows from fire fighting activities that are combined
with stormwater discharges associated with construction activity at the site. The SWPPP
must also describe the pollution prevention measures used to eliminate or reduce non-
stormwater discharges consistent with Part 3.2.

5.5    Documentation of Permit Eligibility Related to Endangered Species
The SWPPP must include documentation supporting a determination of permit eligibility
with regard to Endangered Species, including:

A. Information on whether federally-listed endangered or threatened species, or
   federally-designated critical habitat may be in the project area;

B. Whether such species or critical habitat may be adversely affected by stormwater
   discharges or stormwater discharge-related activities from the project;

C. Results of the Appendix C listed species and critical habitat screening determinations;

D. Confirmation of delivery of NO I to EPA or to EPA's electronic NOI system. This
   may include an overnight, express or registered mail receipt acknowledgment; or
   electronic acknowledgment from EPA's electronic NOI system;

E. Any correspondence for any stage of project planning between the U.S. Fish and
   Wildlife Service (FWS), EPA, the U.S. National Marine Fisheries Service (NMFS),
   or others and you regarding listed species and critical habitat, including any
   notification that delays your authorization to discharge under this permit; and

F. A description of measures necessary to protect federally-listed endangered or
   threatened species, or federally-designated critical habitat.




Small and Large Construction Activities                                                   17
                                                                               General Permit


5.6    Documentation of Permit Eligibility Related to Total Maximum Daily Loads
The SWPPP must include documentation supporting a determination of permit eligibility
with regard to waters that have an EPA-established or approved TMDL, including:

A. Identification of whether your discharge is identified, either specifically or generally,
   in an EPA-established or approved TMDL and any associated allocations,
   requirements, and assumptions identified for your discharge;

B. Summaries of consultation with State or Federal TMDL authorities on consistency of
   SWPPP conditions with the approved TMDL, and

C. Measures taken by you to ensure that your discharge of pollutants from the site is
   consistent with the assumptions and requirements of the EPA-established or approved
   TMDL, including any specific waste load allocation that has been established that
   would apply to your discharge.

See Part 1.3.C.5 for further information on determining permit eligibility related to
TMDLs.

5.7    Copy of Permit Requirements
Copies of this permit and of the signed and certified NOI form that was submitted to EPA
must be included in the SWPPP. Also, upon receipt, a copy of the letter from the EPA
Stormwater Notice Processing Center notifying you of their receipt of your
administratively complete NOI must also be included as a component of the SWPPP.

5.8      Applicable State, Tribal, or Local Programs
The SWPPP must be updated as necessary to reflect any revisions to applicable federal,
state, tribal, or local requirements that affect the stormwater controls you implement at
your site.

5.9      Inspections
A record of each inspection and of any actions taken in accordance with Part 4 must be
retained with the SWPPP for at least three years from the date that permit coverage
expires or is terminated. The inspection reports must identify any incidents of non-
compliance with the permit conditions. Where a report does not identify any incidents of
non-compliance, the report must contain a certification that the construction project or
site is in compliance with this permit.

5.10 Maintaining an Updated Plan
The SWPPP must be modified:

A. To reflect modifications to stormwater control measures made in response to a change
   in design, construction, operation, or maintenance at the construction site that has or
   could have a significant effect on the discharge of pollutants to the waters of the
   United States that has not been previously addressed in the SWPPP.




Small and Large Construction Activities                                                   18
                                                                                  General Permit


B. If during inspections or investigations by site staff, or by local, state, tribal or federal
   officials, it is determined that the existing stormwater controls are ineffective in
   eliminating or significantly minimizing pollutants in stormwater discharges from the
   construction site.

C. Based on the results of an inspection, as necessary to properly document additional or
   modified BMPs designed to correct problems identified. Revisions to the SWPPP
   must be completed within seven (7) calendar days following the inspection.

5.11 Signature, Plan Review and Making Plans Available
A. Retention ofSWPPP: A copy of the SWPPP (including a copy of the permit), NOI,
    and acknowledgement letter from EPA must be retained at the construction site (or
    other location easily accessible during normal business hours to EPA, a state, tribal or
    local agency approving sediment and erosion plans, grading plans, or stormwater
    management plans; local government officials; the operator of a municipal separate
    storm sewer receiving discharges from the site; and representatives of the U.S. Fish
    and Wildlife Service or the National Marine Fisheries Service) from the date of
    commencement of construction activities to the date of final stabilization. If you have
    day-to-day operational control over SWPPP implementation, you must have a copy of
    the SWPPP available at a central location on-site for the use of all those identified as
    having responsibilities under the SWPPP whenever they are on the construction site.
    If an on-site location is unavailable to store the SWPPP when no personnel are
    present, notice of the plan's location must be posted near the main entrance at the
    construction site.

B. Main Entrance Signage: A sign or other notice must be posted conspicuously near
   the main entrance of the construction site. If displaying near the main entrance is
   infeasible, the notice can be posted in a local public building such as the town hall or
   public library. The sign or other notice must contain the following information:
   1. A copy of the completed Notice ofIntent as submitted to the EPA Stormwater
       Notice Processing Center; and
   2. If the location of the SWPPP or the name and telephone number of the contact
       person for scheduling SWPPP viewing times has changed (i.e., is different than
       that submitted to EPA in the NOI), the current location of the SWPPP and name
       and telephone number of a contact person for scheduling viewing times.
   For linear projects, the sign or other notice must be posted at a publicly accessible
   location near the active part of the construction project (e.g., where a pipeline project
   crosses a public road).

C. Availability ofSWPPP: SWPPPs must be made available upon request by EPA; a
   state, tribal or local agency approving sediment and erosion plans, grading plans, or
   stormwater management plans; local government officials; the operator of a
   municipal separate storm sewer receiving discharges from the site; and
   representatives of the U.S. Fish and Wildlife Service or the National Marine Fisheries
   Service to the requestor. The copy of the SWPPP that is required to be kept on-site or




Small and Large Construction Activities                                                      19
                                                                                General Permit


     locally available must be made available, in its entirety, to the EPA staff for review
     and copying at the time of an on-site inspection.

D. Signature and Certification: All SWPPPs must be signed and certified in
   accordance with Appendix G, Section 11.

5.12 Requirements for Different Types of Operators
You may meet one or both of the operational control components in the definition of
operator found in Appendix A. Part 5.12.C applies to all permittees having control over
only a portion of a construction site.

A. If you have operational control over construction plans and specifications, you must
   ensure that:
   1. The project specifications meet the minimum requirements of this Part and all
       other applicable permit conditions;
   2. The SWPPP indicates the areas of the project where the operator has operational
       control over project specifications, including the ability to make modifications in
       specifications;
   3. All other permittees implementing portions of the SWPPP (or their own SWPPP)
       who may be impacted by a change to the construction plan are notified of such
       changes in a timely manner; and
   4. The SWPPP indicates the name of the party(ies) with day-to-day operational
       control of those activities necessary to ensure compliance with the SWPPP or
       other permit conditions.

B. If you have operational control over day-to-day activities, you must ensure that:
   1. The SWPPP meets the minimum requirements of this Part and identifies the
       parties responsible for implementation of control measures identified in the plan;
   2. The SWPPP indicates areas of the project where you have operational control
       over day-to-day activities;
   3. The SWPPP indicates the name ofthe party(ies) with operational control over
       project specifications (including the ability to make modifications in
       specifications).

C. If you have operational control over only a portion of a larger project (e.g., one of
   four homebuilders in a subdivision), you are responsible for compliance with all
   applicable effluent limits, terms, and conditions of this permit as it relates to your
   activities on your portion of the construction site, including protection of endangered
   species, critical habitat, and historic properties, and implementation of control
   measures described in the SWPPP. You must ensure either directly or through
   coordination with other permittees, that your activities do not render another party's
   pollutant discharge controls ineffective. You must either implement your portion of a
   common SWPPP or develop and implement your own SWPPP.
   For more effective coordination ofBMPs and opportunities for cost sharing, a
   cooperative effort by the different operators at a site to prepare and participate in a
   comprehensive SWPPP is encouraged. Individual operators at a site may, but are not



Small and Large Construction Activities                                                   20
                                                                               General Permit


      required to, develop separate SWPPPs that cover only their portion of the project
      provided reference is made to other operators at the site. In instances where there is
      more than one SWPPP for a site, cooperation between the permittees is encouraged to
      ensure the stormwater discharge control measures are consistent with one another
      (e.g., provisions to protect listed species and critical habitat).


PART 6: TERMINATION OF COVERAGE

6.1      Submitting a Notice of Termination
Submit a complete and accurate Notice of Termination (NOT) either electronically
(strongly encouraged) at www.epa.gov/npdes/eNOI or by completing the paper Notice of
Termination form included in Appendix F of this permit and submitting that form to the
address listed in Part 2.2.

6.2      When to Submit a Notice of Termination
You may only submit a Notice of Termination (NOT) after one or more of the following
conditions have been met:

A. Final stabilization has been achieved on all portions of the site for which you are
   responsible;

B. Another operator has assumed control according to Appendix G, Section II.C over
   all areas of the site that have not been finally stabilized;

C. Coverage under an individual or alternative general NPDES permit has been
   obtained; or

D. For residential construction only, temporary stabilization has been completed and the
   residence has been transferred to the homeowner.

The NOT must be submitted within 30 days of one of the above conditions being met.
Authorization to discharge terminates at midnight of the day the NOT is signed.


PART 7: RETENTION OF RECORDS
Copies ofthe SWPPP and all documentation required by this permit, including records of
all data used to complete the NOI to be covered by this permit, must be retained for at
least three years from the date that permit coverage expires or is terminated. This period
may be extended by request of EPA at any time.

PART 8: REOPENER CLAUSE

8.1      Procedures for Modification or Revocation
Permit modification or revocation will be conducted according to 40 CFR § 122.62,
§122.63, §122.64 and §124.5.



Small and Large Construction Activities                                                  21
                                                                                  General Permit




8.2     Water Quality Protection
If there is evidence indicating that the stormwater discharges authorized by this permit
cause, have the reasonable potential to cause or contribute to an excursion above any
applicable water quality standard, you may be required to obtain an individual permit in
accordance with Part 2.6 of this permit, or the permit may be modified to include
different limitations and/or requirements.

8.3     Timing of Permit Modification
EPA may elect to modify the permit prior to its expiration (rather than waiting for the
new permit cycle) to comply with any new statutory or regulatory requirements, such as
for effluent limitation guidelines that may be promulgated in the course of the current
permit cycle.


PART 9: STANDARD PERMIT CONDITIONS
The federal regulations require that the Standard Conditions provisioned at 40 CFR
§122.41 be applied to all NPDES permits. You are required to comply with those
Standard Conditions, details of which are provided in Appendix G.

PART 10: PERMIT CONDITIONS APPLICABLE TO SPECIFIC STATES,
INDIAN COUNTRY, OR TERRITORIES
The provisions of this Part provide modifications or additions to the applicable conditions
of this permit to reflect specific additional conditions required as part of the state or tribal
CWA Section 401 certification process, or the Coastal Zone Management Act (CZMA)
certification process, or as otherwise established by the permitting authority. The specific
additional revisions and requirements only apply to activities in those specific states,
Indian country, and federal facilities. States, Indian country, and federal facilities not
included in this Part do not have any modifications or additions to the applicable
conditions of this permit.

A. Region 1
l. MAR100000: Commonwealth of Massachusetts, except Indian country
   a. State Water Quality Statutes, Regulations, and Policies:
      1.   You must comply with the Massachusetts Clean Waters Act (Ch. 21, ss.
           26-53).
      11. You must comply with the conditions in 314 CMR 4.00 - Surface Water
           Quality Standards.
      iii. You must comply with the conditions in 314 CMR 3.00 - Surface Water
           Discharge Permit Program.
      iv. You must comply with the Wetlands Protection Act, Ch. 131, s. 40 and its
           regulations, 310 CMR 10.00 and any order of Conditions issued by a
           Conservation Commission or a Superseding Order of Conditions issued by the
           Massachusetts Department of Environmental Protection.




Small and Large Construction Activities                                                      22
                                                                             General Permit


    b. Department of Environmental Protection Storm Water Management Policy:
       1.    You must comply with the Massachusetts Storm Water Management Policy,
             and applicable Storm Water Performance Standards, as prescribed by state
             regulations promulgated under the authority of the Massachusetts Clean
             Waters Act, MGL Ch. 21, ss. 26-53 and the Wetlands Protection Act Ch. 131,
             s.40.
    c. Other State Environmental Laws, Regulations, Policies:
       1.    You must comply with the Massachusetts Endangered Species Act [MESA]
             (MGL Ch. 313A and regulations at 321 CMR 10.00) and any actions
             undertaken to comply with this storm water permit, shall not result in non-
             compliance with the MESA.
       11. You must not conduct activities under this permit that will interfere with
             implementation of mosquito control work conducted in accordance with
             Chapter 252 including, s. 5A thereunder and MassDEP Guideline Number
            BRP GOI-02, West Nile Virus Application of Pesticides to Wetland Resource
            Areas and Buffer Zones, and Public Water Systems.
    d. Other Department Directives:
       1.   The Department may require you to perform water quality monitoring during
            the permit term if monitoring is necessary for the protection of public health
            or the environment as designated under the authority at 314 CMR 3.00.
       11. The 'Department may require you to provide measurable verification of the
            effectiveness ofBMPs and other control measures in your management
            program, including water quality monitoring.
       iii. The Department has determined that compliance with this permit does not
            protect you from enforcement actions deemed necessary by the Department
            under its associated regulations to address an imminent threat to the public
            health or a significant adverse environmental impact which results in a
            violation of the Massachusetts Clean Waters Act, Ch. 21, ss. 26-53.
       iv. The Department reserves the right to modify the 401 Water Quality
            Certification if any changes, modifications or deletions are made to the
            general permit. In addition, the Department reserves the right to add and/or
            alter the terms and conditions of its 401 Water Quality Certification to carry
            out its responsibilities during the term of this permit with respect to water
            quality, including any revisions to 314 CMR 4.00, Surface Water Quality
            Standards.
    e. Permit Compliance
       1.   Should any violation of the Massachusetts Surface Water Quality Standards
            (314 CMR 4.00) or the conditions of this certification occur, the Department
            will direct you to correct the violations(s). The Department has the right to
            take any action as authorized by the General Laws of the Commonwealth to
            address the violation of this permit or the MA Clean Waters Act and the
            regulations promulgated thereunder. Substantial civil and criminal penalties
            are authorized under MGL Ch. 21, s. 42 for discharging into Massachusetts'
            waters in violation of an order or permit issued by this Department. This


Small and Large Construction Activities                                                23
                                                                            General Permit


          certification does not relieve you of the duty to comply with other applicable
          Massachusetts statutes and regulations.
2. NHRI00000: State of New Hampshire
   a. If you disturb 100,000 square feet or more of contiguous area, you must also
      apply for a "Significant Alteration of the Terrain Permit from DES pursuant to
      RSA 485-A:17 and Env-Ws 415. This requirement applies to the disturbances of
      only 50,000 square feet when construction occurs within the protected shoreline
      (see RSA 483-B and Env-Ws 1400).
    b. You must determine that any excavation dewatering discharges are not
       contaminated before they will be authorized as an allowable non-storm water
       discharge under this permit (see Subpart 1.3.B). The water is considered
       uncontaminated if there is no groundwater contamination within 1,000 feet of the
       discharge. Information on groundwater contamination can be generated over the
       Internet via the NHDES web site http://www.des.state.nh.us (One Stop Data
       Retrieval, Onestop Master Site Table). The web site also provides E-mail access
       to an NHDES Site Remediation Contact to answer questions about using the Web
       site.
    c. You must treat any uncontaminated excavation dewatering discharges as
       necessary to remove suspended solids and turbidity. The discharges must be
       sampled at a location prior to mixing with storm water at least once per week
       during weeks when discharges occur. The samples must be analyzed for total
       suspended solids (TSS) and must meet monthly average and maximum daily TSS
       limitations of 50 milligrams per liter (mg/L) and 100 mglL, respectively. TSS
       (a.k.a. Residue, Nonfilterable) analysis and sampling must be performed in
       accordance with Tables IB (parameter, units and method) and II (required
       containers, preservation techniques and holding times) in 40 CFR 136.3 (see:
       htlp:llwww.access.gpo.gov/nara/cfr/waisidx 02/40cfr136 02.html). Records of
       any sampling and analysis must be maintained and kept with the SWPPP for at
       least three years after final site stabilization.
    d. During site design and preparation of the storm water pollution prevention plan
       (SWPPP), you must consider opportunities for groundwater recharge using on-site
       infiltration. The SWPPP must include a description of anyon-site infiltration that
       will be installed as a post construction storm water management measure (see
       Subpart 3.4.E) or reasons for not employing such measures. For design
       considerations for infiltration measures see the September 2001 DES publication
       titled "Managing Storm Water as a Valuable Resource" which is available online
       at: http://www.des.state.nh.us/StormWater/construction.htm. Loss of annual
       recharge to groundwater should be minimized through the use of infiltration
       measures wherever feasible.

B. Region 2 - No additional requirements.

C. Region 5

I. MNRIOOOOO: Indian Country within the State of Minnesota



Small and Large Construction Activities                                                24
                                                                                   General Permit


a. Fond du Lac Band ofLake Superior Chippewa
    1. A copy of the Storm Water Pollution Prevention Plan must be submitted to the
       following office at least thirty (30) days in advance of sending the Notice ofIntent
       (NOI) to EPA:

           Fond du Lac Reservation
           Office of Water Protection
           1720 Big Lake Road
           Cloquet, MN 55720

           CGP applicants are encouraged to work with the FDL Office of Water Protection
           in the identification of all proposed receiving waters.

    11.    Copies of the NOI and the Notice of Termination (NOT) must be sent to the Fond
           du Lac Office of Water Protection at the same time they are submitted to EPA.
    iii.   This certification does not pertain to any new discharge to Outstanding
           Reservation Resource Waters (ORRW) as described in §105 b.3 of the Fond du
           Lac Water Quality Standards (Ordinance #12/98). Although additional waters
           may be designated in the future, currently Perch Lake, Rice Portage Lake, Miller
           Lake, Deadfish Lake and laskari Lake are designated as ORRWs. New
           dischargers wishing to discharge to an ORRW must obtain an individual permit
           for stormwater discharges from large and small construction activities.
    iv.    All work shall be carried out in such a manner as will prevent violations of water
           quality criteria as stated in the Water Quality Standards of the Fond du Lac
           Reservation, Ordinance 12/98 as amended. This includes, but is not limited to,
           the prevention of any discharge that causes a condition in which visible solids,
           bottom deposits, or turbidity impairs the usefulness of water of the Fond du Lac
           Reservation for any of the uses designated in the Water Quality Standards of the
           Fond du Lac Reservation. These uses include wildlife, aquatic life, warm and
           cold water fisheries, subsistence fishing (netting), primary contact recreation,
           cultural, wild rice areas, aesthetic waters, agriculture, navigation and commercial.
    v.     Appropriate steps shall be taken to ensure that petroleum products or other
           chemical pollutants are prevented from entering waters of the Fond du Lac
           Reservation. All spills must be reported to the appropriate emergency
           management agency, and measures shall be taken immediately to prevent the
           pollution of waters of the Fond du Lac reservation, including groundwater.
    v!.    This certification does not authorize impacts to cultural, historical, or
           archeological features or sites, or properties that may be eligible for such listing.

    b. Grand Portage Band ofLake Superior Chippewa [Coverage not yet available]

2. WIRI00000: Indian Country within the State of Wisconsin, except the Sokaogon
   Chippewa Community.

    a. No additional requirements




Small and Large Construction Activities                                                      25
                                                                             General Permit


    Note: Facilities within the Sokaogon Chippewa Community are not eligible for
stormwater discharge coverage under this permit. Contact the Region 5 office for an
individual permit application.

D. Region 6

I. NMRIOOOOO: The State of New Mexico, except Indian country
   a. In addition to all other provisions of this permit, operators who intend to obtain
      -authorization under this permit for all new stormwater discharges must satisfy the
       conditions in Part lO.C.1.b., unless a TMDL has been established for the
       receiving stream which specifies a waste load allocation (WLA) for construction
       stormwater discharges or the receiving stream is a Tier 3 water, in which case Part
        lO.C.1.c. applies.
   b. The SWPPP must include site-specific interim and permanent stabilization,
       managerial, and structural solids, erosion, and sediment control best management
       practices (BMPs) and/or other controls that are designed to prevent to the
       maximum extent practicable an increase in the sediment yield and flow velocity
       from pre-construction, pre-development conditions to assure that applicable
       standards in 20.6.4 NMAC, including the antidegradation policy, or WLAs are
       met. This requirement applies to discharges both during construction and after
       construction operations have been completed. The SWPPP must identify, and
       document the rationale for selecting these BMPs and/or other controls. The
       SWPPP must also describe design specifications, construction specifications,
       maintenance schedules (including a long term maintenance plan), criteria for
       inspections, as well as expected performance and longevity of these BMPs. BMP
       selection must be made based on the use of appropriate soil loss prediction
       models (such as SEDCAD 4.0, RUSLE, SEDIMOT II, MULTISED, etc.), or
       equivalent, generally accepted (by professional erosion control specialists), soil
       loss prediction tools. The operator(s) must demonstrate, and include
       documentation in the SWPPP, that implementation of the site-specific practices
       will assure that the applicable standards or WLAs are met, and will result in
       sediment yields and flow velocities that, to the maximum extent practicable, will
       not be greater than the sediment yield levels and flow velocities from pre-
       construction, pre-development conditions. The SWPPP must be prepared in
       accordance with good engineering practices by qualified (e.g., CPESC certified,
       engineers with appropriate training, etc.) erosion control specialists familiar with
       the use of soil loss prediction models and design of erosion and sediment control
       systems based on these models (or equivalent soil loss prediction tools). The
       operator(s) must design, implement, and maintain BMPs in the manner specified
       in the SWPPP.
   c. Operators are not eligible to obtain authorization under this permit for all new
       stormwater discharges to outstanding national resource waters (ONRWs) (also
      referred to as "Tier 3: waters). According to the Antidegradation Policy at
      Paragraph 3 of Subsection A of 20.6.4.8 NMAC, in part, "ONRWs may include,
      but are not limited to, surface waters of the state within national and state
      monuments, parks, wildlife refuges, waters of exceptional recreational or



Small and Large Construction Activities                                                 26
                                                                                General Permit


        ecological significance, and waters identified 'under the Wild and Scenic Rivers
       Act." No ONRWs exist at the time this permit is being finalized; however, during
       the term of the permit, if a receiving water is designated as an ONRW, the
        operator must obtain an individual permit for stormwater discharges from large
        and small construction activities.
    d. Stormwater discharges associated with construction activity that the State has
        determined to be or may reasonably be expected to be contributing to a violation
        of an applicable standard, including the antidegradation policy, are not authorized
       by this permit. Note: Upon receipt of this determination, NMED anticipates that,
       within a reasonable period of time, EPA will notify the general permittee to apply
       for and obtain an individual NPDES permitfor these discharges per 40 CFR Part
        122. 28(b)(3).
    e. Inspections required under Part 4 must be conducted at least once every 14
       calendar days and within 24 hours of the end ofa storm event of 0.5 inches or
       greater. The option for inspections at least once per 7 calendar days is not
       available. The Inspection Waivers provided in Part 4.B and C still apply.
    f. Permittees can use temporary erosion controls as described in item 3 of the
       Appendix A definition of "Final Stabilization" as a method for final stabilization
       under the permit only under the following conditions:

         If this option is selected, you must notify SWQB at the address listed in item g.
         below at the time the NOT is submitted to EPA. The information to be submitted
         includes:

    •    A copy of the NOT;
    •    Contact information, including individual name or title, address, and phone
         number for the qualified (see CGP Part 4.1 O.D) party responsible for
         implementing the [mal stabilization measures; and
    •    The date that the temporary erosion control practice was implemented (this is
         always prior to, and sometimes significantly prior to, submission of an NOT) and
         the projected timeframe that the 70% native vegetative cover requirements are
         expected to be met. (Note that if more than three years is required to establish 70
         percent of the natural vegetative cover, this technique cannot be used or cited for
         fulfillment of the final stabilization requirement - you remain responsible for
         establishment of final stabilization)

        SWQB also requires that you periodically (minimum once/year) inspect and
        properly maintain the area until the criteria for final stabilization, as defined in
        Appendix A, item 3 of the CGP, have been met. You must prepare an inspection
        report documenting the findings of these inspections and signed in accordance
        with Appendix G, Section 11 of the CGP. This inspection record must be retained
        along with the SWPPP for three years after the NOT is submitted for the site and
        additionally submitted to SWQB at the address listed in item g. below. The
        inspections must at a minimum include the following:
    •   Observations of all areas of the site disturbed by construction activity;




Small and Large Construction Activitit!s                                                  27
                                                                           General Permit


     •Best Management Practices (BMPs)/post-construction storm water controls must
      be observed to ensure they are effective;
   • An assessment of the status of vegetative re-establishment; and
   • Corrective actions required to ensure vegetative success within three years, and
      control of pollutants in storm water runoff from the site, including implementation
      dates.
      Signed copies of discharge monitoring reports, individual permit applications, and
      all other reports required by the permit to be submitted, shall also be sent to:
      Program Manager
      Point Source Regulation Section
      Surface Water Quality Bureau
      New Mexico Environment Department
      P.O. Box 26110
      Santa Fe, NM 87502
2. NMRIOOOO1: Indian country within the State of New Mexico, except Navajo
   Reservation Lands that are covered under Arizona permit AZRIOOOO1 and Ute
   Mountain Reservation Lands that are covered under Colorado permit CORIOOOOI
   a. Pueblo ofAcoma. The following conditions apply only to facilities on or
      bordering the Pueblo of Acoma with discharges into or flowing into waters of the
      Pueblo.
        1. A copy of the Notice ofIntent and Notice of Termination must be submitted
             to the Haaku Water Office at the address below at the same time they are
             submitted to EPA. A copy of the storm water pollution prevention plan
             must be provided to the Haaku Water Office upon request.
        11. HAAKU WATER OFFICE

            PO Box 309
            Pueblo of Acoma, NM 87034
   b. Pueblo ofIsleta. The following conditions apply only to discharges on the Pueblo
      of Isleta.
        1.   Subpart 1.3.CA, (Eligibility, Limitations on Coverage) first sentence, is
            revised to read: "This permit does not authorize discharges that EPA or the
            Pueblo ofIsleta, prior to authorization under this permit, determines will
            cause, have the reasonable potential to cause, or contribute to an excursion
            above any applicable water quality standard or impairment of a designated
            use of receiving waters."
        11. Subpart 2.2. (How to Submit) is amended to require: Copies of all Notices
            ofIntent submitted to EPA must also be sent concurrently to the Pueblo of
            Isleta at the following address. Discharges are not authorized by this permit
            unless an accurate and complete Notice ofIntent has been submitted to the
            Pueblo of Isleta.

              Regular U.S. Mail Delivery
              Natural Resources Department
              Pueblo of Isleta



Small and Large Construction Activities                                               28
                                                                              General Permit


               P.O. Box 1270
               Isleta, NM 87022

               OvernightlExpress Mail Delivery
               Natural Resources Department
               Building L
               11 000 Broadway, SE
               Albuquerque, NM 87105
          iii. Part 2 (Authorizations for Discharges ofStonn Water from Construction
               Activity), second sentence, is amended to read: "Discharges are not
               authorized if your NOI is incomplete or inaccurate, if you failed to submit a
               copy of the NOI to the Pueblo ofIsleta, or if you were never eligible for
               pennit coverage.
          IV. Subpart 5.3 (Description of Control Measures to Reduce Pollutant
               Discharges), section A, last sentence, is amended to read: "For each major
               activity identified in the project description the SWPPP must clearly
               describe appropriate control measures, the general sequence during the
               construction process in which the measures will be implemented, and which
               operator is responsible for the control measure's implementation and
               maintenance. "
          v. Subpart 5.7 (Copy of Pennit Requirements), first sentence, is revised to read
               "Copies of this pennit and of the signed and certified NOI fonn that was
               submitted to the Pueblo ofIsleta and EPA must be included in the SWPPP."
          VI. Subpart 4. (Inspections), section A is revised to read "Inspections must be
               conducted at least once every 7 calendar days and within 24 hours of the end
               of a stonn event of 0.5 inches or greater."
          vii. Subpart 4. (Inspections), section H, last paragraph, is amended to add:
               "Copies of inspection reports that identify incidents of noncompliance shall
               be sent to Pueblo ofIsleta at the address listed in Subpart 2.2." (See above)
          viii. Subpart 5.11. (Signature, Plan Review and Making Plans Available),
               section A, first sentence is amended to read:
                 "A copy of the SWPPP (including a copy of the pennit), NOI, and
                 acknowledgement letter from EPA must be retained at the construction
                 site (or other location easily accessible during nonnal business hours to
                 the Pueblo of Isleta's Natural Resources Department, EPA, a state, tribal
                 or local agency approving sediment and erosion plans, grading plans, or
                 stonn water management plans; local government officials; the operator of
                 a municipal separate stonn sewer receiving discharges from the site; and
                 representatives of the U.S. Fish and Wildlife Service or the National
                 Marine Fisheries Service) from the date of commencement of construction
                 activities to the date of final stabilization."
          IX. Subpart 5.11. (Signature, Plan Review and Making Plans Available), section
               C. is amended to read: "SWPPPs must be made available upon request by
               EPA; representatives of the Pueblo ofIsleta Natural Resources Department,
               a state, tribal or local agency approving sediment and erosion plans, grading


Small and Large Construction Activities                                                  29
                                                                               General Permit


               plans, or stonn water management plans; local government officials; the
                operator of a municipal separate stonn sewer receiving discharges from the
                site; and representatives of the U.S. Fish and Wildlife Service or the
               National Marine Fisheries Service to the requestor. The copy of the SWPPP
               that is required to be kept on-site or locally available must be made
               available, in its entirety, to the EPA staff and the Pueblo ofIsleta's Natural
               Resources Department staff for review and copying at the time of an on-site
               inspection.
          x. Subpart 3.1.A (Sediment Controls), is amended to add: "Erosion and
               sediment controls shall be designed to retain sediment on-site."
          Xl. Subpart 3.1.1 (Spills/Releases in Excess of Reportable Quantities), first
               bullet is amended to read: "you must provide notice to the Pueblo ofIsleta
               Natural Resources Department (505-869-5748) and the National Response
               Center (NRC) (800-424-8802; in the Washington, DC, metropolitan area
               call 202-426- 2675) in accordance with the requirements of 40 CFR Part
                110,40 CFR Part 117 and 40 CFR Part 302 as soon as site staff have
               knowledge of the discharge; and"
          xii. Subpart 3.4.B (Attainment of Water Quality Standards After Authorization),
               is amended to add: "You must provide the Pueblo ofIsleta, at the address
               listed in Subpart 2.2, with a copy of the EPA notification, modifications to
               your stonn water controls, data and certification required by EPA."
          xiii. Subpart 6.1. (Submitting a Notice of Tennination) is amended to add:
               Copies of all Notices ofTennination submitted to EPA must also be sent
               concurrently to the Pueblo ofIsleta at the following address in Subpart 2.2.
          xiv. Any correspondence, other than NOIs and NOTs, with the Pueblo ofIsleta
               concerning stonn water discharges authorized by this pennit shall sent one
               of the addresses in Subpart 2.2.
          xv. Appendix G, Section 9, first sentence is amended to read: "You must allow
               the Pueblo ofIsleta's Natural Resources Department, EPA, or an authorized
               representative (including an authorized contractor acting as a representative
               of the Administrator), upon presentation of credentials and other documents
               as may be required by law, to: ... "
          xvi. Appendix G, Section 12, subsections A- H are amended to require that
               when you must notify EPA of an event (e.g., planned changes, anticipated
               noncompliance, transfers, required reporting due to potential adverse effects
               or environmental impacts or other noncompliance matters), the Pueblo of
               Isleta must also be notified.
          xvii. Parties wishing to apply for an Equivalent Analysis Waiver (see Appendix
               D, Section C) must provide a copy of the waiver analysis to the Pueblo of
               Isleta at the address specified in Subpart 2.2 at the time it is submitted to
               EPA.
    c. Ohkay Owingeh (San Juan Pueblo). The following conditions apply only to
       discharges on Ohkay Owinegeh.




Small and Large Construction Activities                                                   30
                                                                             General Permit


           1.    Copies of the Notice ofIntent (NOI) and Notice ofTennination (NOT) must
                 be provided to the Pueblo at the time it is provided to the Environmental
                 Protection Agency, at the following address. A copy ofthe Stonn Water
                 Pollution Prevention Plan must be provided to the Pueblo upon request.

                  Office of Environmental Affairs
                  P.O. Box 717
                  Ohkay Owingeh, NM 87566

            Appendix G, Section 10 (Monitoring and records), item D is amended to
           11.
            add: "All monitoring must be conducted in accordance with the Pueblo of
            San Juan's Quality Assurance Project Plan."
    d. Pueblo ofNambe. The following conditions apply only to discharges on the
       Pueblo ofNambe.
        1.  Copies of the Notice ofIntent (NOI), Notice of Tennination (NOT), and any
            analytical data must be provided to the Nambe Pueblo Department of
            Environment and Natural Resources (DENR) at the time it is provided to the
            Environmental Protection Agency, at the following address. A copy of the
            Stonn Water Pollution Prevention Plan must be provided to the Pueblo upon
            request.
        11. All correspondence chall be sent to:
                    Pueblo ofNambe
                    Department of Environment and Natural Resources
                    Rt. 1 Box 117-BB
                    Santa Fe, NM 87506
                    505-455-2036 ext. 120 fax: 505-455-8873
    e. Pueblo ofPicuris. The following conditions apply only to discharges on the
       Pueblo of Picuris.
        1.  Copies of the Notice ofIntent (NOI), Notice of Tennination (NOT), and any
            analytical data (e.g. Discharge Monitoring Reports, etc.) or any other
            reports must be provided to the Pueblo at the time it is provided to the
            Environmental Protection Agency. A copy of the Stonn Water Pollution
            Prevention Plan must be provided to the Pueblo upon request.
        11. All correspondence shall be sent to:


              Cordell Arellano
              Director, Environment Department
              Pueblo of Picuris
              PO Box 158
              Penasco, NM 87553
    f.   Pueblo ofPojoaque. The following conditions apply only to discharges on the
         Pueblo of Pojoaque.
          1. Copies of the Notice ofIntent (NOI), Notice of Tennination (NOT), and any
              analytical data (e.g. Discharge Monitoring Reports, etc.) or any other
              reports must be provided to the Pueblo at the time it is provided to the
              Environmental Protection Agency. A copy of documents related to the



Small and Large Construction Activities                                                31
                                                                              General Permit


                 Storm Water Pollution Prevention Plan must be provided to the Pueblo upon
                 request.
           11.   All correspondence shall be sent to:

            Luke Mario Duran
            Director, Environment Department
            Pueblo of Pojoaque
            5 West Gutierrez, Suite 2b
            Santa Fe, NM 87506
    g. Pueblo o/Taos. The following conditions apply only to discharges on the Pueblo
       of Taos.
        1.  Copies of the Notice ofIntent (NOI) and Notice of Termination (NOT) must
            be provided to the Taos Pueblo Governor's Office and the Taos Pueblo
            Environmental Office at the same time as or prior to submission to the
            Environmental Protection Agency. A copy of the Storm Water Pollution
            Prevention Plan must be provided to Pueblo environmental personnel upon
            request.
        11. All correspondence for both the Taos Pueblo Governor's Office and the
            Taos Pueblo Environmental Office (same address) shall be sent to:

             Governor/ Taos Pueblo Environmental Office (as applicable)
             Taos Pueblo
             PO Box 1846
             Taos, NM 87571
    h. Pueblo o/Sandia. The following conditions apply only to discharges on the
       Pueblo of Sandia.
        1.   A copy of the Notice ofIntent (NOI) must be provided to the Pueblo at the
             same, (or prior to) the time it is submitted to the Environmental Protection
             Agency.
        11. The Pueblo of Sandia objects to use of Low Rainfall Erosivity Waivers (see
             Appendix D, Part A) for any small construction activities on the Pueblo, so
             this waiver will not be available for construction projects on the Pueblo.
             Permittees wishing to apply for all other waivers (see Appendix D) must
             provide a copy of the waiver certification or analysis to the Pueblo of Sandia
             Environment Department.
        iii. The Storm Water Pollution Prevention Plan (SWPPP) must be available to
             the Pueblo of Sandia either electronically or hard copy upon request for
             review. The SWPPP must be made available at least fourteen (14) days
             before construction begins. The fourteen (14) day period will give Tribal
             staff time to become familiar with the project site, prepare for construction
             inspections, and determine compliance with the Pueblo of Sandia Water
             Quality Standards. Failure to provide a SWPPP to the Pueblo of Sandia
             may result in denial of the discharge or construction delay.
        IV. Discharges are not authorized by this permit unless and until:
               a. An accurate and complete NOI has been submitted to the Pueblo;
                    AND



Small and Large Construction Activities                                                 32
                                                                                 General Permit


                  b. An "Authorization to Proceed Letter" with any site specific mitigation
                       requirements has been received from the Pueblo of Sandia following
                       their review of the NOl and SWPPP and the permittee complies with
                       all applicable requirements therein.
           v. Before submitting a Notice of Termination (NOT), permittees must clearly
                demonstrate to the Pueblo of Sandia Environment Department though a site
                visit or documentation that requirements for site stabilization have been met
                and any temporary erosion control structures have been removed (or
                operational control is being passed to another operator). A short letter
                concurring that conditions for submittal of an NOT have met will be sent to
                the permittee by the Pueblo. Upon receipt of this letter, and provided the all
                other applicable requirements of the permit are met, the permittee will be
                eligible to submit and NOT.
           vi. You must telephone the Pueblo of Sandia Environment Department at (505)
                867-4533 of any noncompliance that may endanger human health or the
                environment within ten (10) hours of becoming aware of the circumstance.
           vii. All corresondance shall be sent to:

               Scott Bulgrin, Water Quality Manager
               Pueblo of Sandia
               481 Sandia Loop
               Bernalillo, NM 87004
    1.   Santa Clara Pueblo. The following conditions apply only to discharges on the
         Santa Clara Pueblo.
          1.   Copies of the Notice ofIntent (NOl) and Notice of Termination (NOT) must
               be provided to the Pueblo of Santa Clara Office of Environmental Affairs
               when they are submitted to the Environmental Protection Agency.
          11. A copy of the storm water pollution prevention plan must be made available
               to the Pueblo of Santa Clara Office of Environmental Affairs upon request.
          iii. Construction site operators must notify the Pueblo of Santa Clara Office of
               Environmental Affairs by telephone at (505) 753-7326 of any non-
               compliance discharges that may endanger human health or the environment
               within twenty-fout (24) hours of becoming aware of the discharge.
          IV. All correspondence shall be sent to:


                Santa Clara Office of Environmental Affairs Taos Pueblo
                One Kee Street
                PO Box 580
                Espanola, NM 87532
                505-753-7326 Tel
                505-747-2728 Fax
    J.   Pueblo o/Tesuque. The following conditions apply only to discharges on the
         Pueblo of Tesuque.
          1.  Copies of the Notice ofIntent (NOl), Notice of Termination (NOT), and any
              analytical data (e.g. Discharge Monitoring Reports, etc.) or any other




Small and Large Construction Activities                                                    33
                                                                            General Permit


                reports must be provided to the Pueblo at the time it is provided to the
                Environmental Protection Agency.
           11. A copy of documents related to the Storm Water Pollution Prevention Plan
                must be provided to the Pueblo upon request.
           iii. All correspondence shall be sent to:

               Ryan Swazo-Hinds
               Sf. Envirionmental Technician
               Pueblo of Tesuque
               Environment Department
               Rt. 42, Box 360-T
               Santa Fe, NM 87506
3. OKRI0000F: Discharges in the State of Oklahoma that are not under the authority of
   the Oklahoma Department of Environmental Quality, including activities associated
   with oil and gas exploration, drilling, operations, and pipelines (includes SIC Groups
   13 and 46, and SIC codes 492 and 5171), and point source discharges associated with
   agricultural production, services, and silviculture (includes SIC Groups 01, 02, 07,
   08,09).
     a. In accordance with Oklahoma's Water Quality Standards (OAC 785:45-5-25),
        Subpart 1.3.C. (Limitations on Coverage) is modified to add paragraphs 8 and 9
        as follows:

          "8. For activities located within the watershed of any Oklahoma Scenic River,
          including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain
          Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated
          "ORW" (Outstanding Resource Water) in Oklahoma's Water Quality Standards,
          this permit may only be used to authorize discharges from temporary
          construction activities. Discharges from anyon-going activities such as sand
          and gravel mining or any other mineral mining are not authorized.

       9. For activities located within the watershed of any Oklahoma Scenic River,
       including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain
       Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated
       "ORW" (Outstanding Resource Water) in Oklahoma's Water Quality Standards,
       this permit may not be used to authorize discharges from support activities,
       including concrete or asphalt batch plants, equipment staging yards, material
       storage areas, excavated material disposal areas, or borrow areas."
4. OKRI0000I: Indian country within the State of Oklahoma.
    a. In order to protect downstream waters subject to the state of Oklahoma's Water
       Quality Standards (OAC 785:45-5-25) where receiving waters flow from Indian
       Country to State waters, Subpart 1.3.C. (Limitations on Coverage) is modified
       to add paragraphs 8 and 9 as follows:

          "8. For activities located within the watershed of any Oklahoma Scenic River,
          including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain
          Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated



Small and Large Construction Activities                                                34
                                                                           General Permit


           "ORW" (Outstanding Resource Water) in Oklahoma's Water Quality Standards,
           this pennit may only be used to authorize discharges from temporary
           construction activities. Discharges from anyon-going activities such as sand
           and gravel mining or any other mineral mining are not authorized.

         9. For activities located within the watershed of any Oklahoma Scenic River,
         including the Illinois River, Flint Creek, Barren Fork Creek, Upper Mountain
         Fork, Little Lee Creek, and Big Lee Creek or any water or watershed designated
         "ORW" (Outstanding Resource Water) in Oklahoma's Water Quality Standards,
         this pennit may not be used to authorize discharges from support activities,
         including concrete or asphalt batch plants, equipment staging yards, material
         storage areas, excavated material disposal areas, or borrow areas."
      b. Pawnee Nation of Oklahoma. The following conditions apply only to
         discharges on the Pawnee Nation of Oklahoma.
                1. Copies of the Notice ofIntent (NO!) and Notice ofTennination (NOT)
                   must be provided to the Pawnee Nation at the same time they are
                   submitted to the Environmental Protection Agency.
               11. A copy of the stonn water pollution prevention plan must be made
                   available to Pawnee Nation Department of Environmental
                   Conservation and Safety upon request.
              lll. Construction site operators must notify the Pawnee Nation Department
                   of Environmental Conservation and Safety by telephone at (918) 762-
                   3655 immediately of any non-compliance with any provision of the
                   pennit conditions.
              IV. All correspondence shall be sent to:


            Pawnee Nation
            Department of Environmental Conservation and Safety
            PO Box 470
            Pawnee, OK 74058
5. TXRlOOOOF: Discharges in the State of Texas that are not under the authority of the
   Texas Commission on Environmental Quality, including activities associated with the
   exploration, development, or production of oil or gas or geothennal resources,
   including transportation of crude oil or natural gas by pipeline.

    NOTE: This pennit does not create an obligation to obtain a pennit where such
    obligation does not already exist under federal statute or regulation. For more
    infonnation on the Clean Water Act §§ 402(1)(2) pennitting exemption for
    uncontaminated discharges of stonn water from oil and gas exploration, production,
    processing, or treatment operations or transmission facilities, visit:
    http://cfpub.epa.gov/npdes/stonnwater/oilgas.cfm

D. Region 8
1. MTRI0000I:
    a. Confederated Salish and Kootenai Tribes. The following conditions only apply
       for projects on the Flathead Indian Reservation:



Small and Large Construction Activities                                               35
                                                                                General Permit


        1.       Permittees must send a Stormwater Pollution Prevention Plan (SWPPP) to
                 the Tribe at least 30 days before construction starts;
        11.      Before submitting a Notice of Termination (NOT), permittees must clearly
                 demonstrate to an appointed tribal staff person during an on-site inspection
                 that requirements for site stabilization have been met;
        111.     Permittees submitting electronic Notices ofIntents (eNOl's) to USEPA
                 must cc a copy to NRD-EPD@cskt.org; and
        IV.      Written NOIs, SWPPPs, and NOTs shall be mailed to:

                 Confederated Salish and Kootenai Tribes
                 National Resources Department·
                 Department Head
                 P.O. Box 278
                 Pablo, MT 59855

              Permittees may also submit their SWPPP and NOT to
              NRD-EPD@cskt.org
    b. Fort Peck Tribes. The following conditions only apply for projects on the Fort
       Peck Indian Reservation:
       1.     The permittee must send a copy of the Notice ofIntent (NOI) and the
              Notice of Termination (NOT) to the Tribes at the same time that the NOI
              and NOT is submitted to EPA. Copies of the NOI and NOT shall be
              accepted either electronically or hard copy format and should be sent to:

                 Deb Madison
                 Environmental Programs Manager
                 Fort Peck Assiniboine & Sioux Tribes
                 P.O. Box lO27
                 Poplar, MT 59255
                 Tel: 406.768.2389 Fax: 406.768.5606
                 E-mail: 2horses@nemont.net
        ii.      A copy of the proposed SWPPP at the time ofNOIINOT submissions
                 must be sent to the Tribes to ensure that upon closure of the site and/or
                 activities all environmental commitments have been met.

    c. Northern Cheyenne Reservation. The following conditions only apply for
       projects on the Northern Cheyenne Indian Reservation:
       1.      Permittees must contact the Northern Cheyenne Environmental Protection
               Department at (406) 477-6506 prior to authorization to discharge under
               the general permit;
       11.     The Tribe shall review and approve SWPPPs prior to approval; and
       111.    The Tribe shall review and improve BMPs on site to ensure that Tribal
               water quality standards are protected.




Small and Large Construction Activities                                                      36
                                                                                 General Permit


E. Region 9
I. ASRIOOOOO: The Island of American Samoa
   a. Discharges authorized by the general permit shall meet all applicable American
      Samoa water quality standards.
   b. Permittees discharging under the general permit shall comply with all conditions
      of the permit.
3. AZR10000I: Indian country lands within the State of Arizona, including Navajo
   Reservation lands in New Mexico and Utah
   a. White Mountain Apache Tribe. The following condition applies only for projects
      on the White Mountain Apache Reservation: All NOls for proposed stormwater
      discharge coverage shall be provided to the following address:
        Tribal Environmental Planning Office
        P.O. Box 2109
        Whiteriver, AZ 85941
    b. Hoopa Valley Tribe. The following conditions apply only for projects on the
       Hoopa Valley Reservation:
             1.    All notices of intent submitted for stormwater discharges under the general
                   permit in Hoopa Valley Indian Reservation (HVIR) shall be submitted to
                   the Tribal Environmental Protection Agency (TEPA); and
             11.   All pollution prevention plans for stormwater discharge in HVIR shall be
                   submitted to TEPA for review and approval.
    c. 29 Palms Band of Mission Indians. The following conditions apply only for
       projects on the 29 Palms Band of Mission Indians Reservation:
             1.    The 29 Palms Tribal EPA is informed of any future changes made to the
                   proposed CGP;
            11.    For each permitted activity, the U.S. EPA will ensure that all terms and
                   conditions of the proposed CGP are complied with;
             111   Notices of intent must be submitted to the 29 Palms Tribal EPA for
                   review, comment and tracking;
             IV.   Copies of stormwater pollution prevention plans (SWPPPs) and
                   supporting Best Management Practices (BMPs) must be submitted to the
                   29 Palms Tribal EPA for review and compliance;
            v. Copies of all monitoring reports must be provided to the 29 Palms Tribal
               EPA;
            vi. Depending on the permitted activity, the 29 Palms Tribal EPA reserves the
                right to stipulate additional monitoring requirements; and
            vii. In order to meet the requirements of Tribal law, including water quality
                 standards, each of the conditions cited in the proposed CGP and the
                 Twenty-Nine Palms Band of Mission Indians certification shall not be
                 made any less stringent.


Small and Large Construction Activities                                                       37
                                                                                 General Permit


    d. Hualapai Tribe. The following conditions apply only for projects on the Hualapai
       Reservation:
             1.    All notices of intent for proposed stormwater discharges under the CGP
                   and all pollution prevention plans for stormwater discharges on Hualapai
                   Tribal lands shall be submitted to the Water Resource Program through
                   the Tribal Chairman for review and approval, P.O. Box 179, Peach
                   Springs, AZ 86434.
    e. Pyramid Lake Paiute Tribe. The following conditions apply only for projects on
       the Pyramid Lake Paiute Reservation:
             1.    All notices of intent (NOIs) must be submitted to the Tribe for review,
                   comments and tracking;
             11.   copies of all Stormwater Pollution Prevention Plan (SWPPPs) and
                   supporting Best Management Practices (BMPs) must be submitted to the
                   Pyramid Lake Paiute Tribe for review and concurrence;
             iii. copies of the criteria for Effluent Limitations Guidelines (ELGs) and the
                  criteria for proposed Qualifying Local Programs (QLPs) to be used for
                  sediment and erosion control pursuant to 40 CFR 122.44(s) be provided to
                  the Pyramid Lake Paiute Tribe; and
             iv. copies of all monitoring reports must be provided to the Pyramid Lake
                 Paiute Tribe.
4. MPRI00000: Commonwealth of the Northern Mariana Islands (CNMI)
   a. An Earthmoving and Erosion Control Permit shall be obtained from the CNMI
      DEQ prior to any construction activity covered under the NPDES general permit.
   b. All conditions and requirements set forth in the USEPA NPDES general permit
      for discharges from large and small construction must be complied with.
   c. A SWPPP for storm water discharges from construction activity must be
      approved by the Director of the CNMI DEQ prior to the submission of the NOI to
      USEPA. The CNMI address for the submittal of the SWPPP for approval is:
        Commonwealth of the Northern Mariana Islands
        Office of the Governor
        Director, Division of Environmental Quality (DEQ)
        P.O. Box 501304 C.K.
        Saipan, MP 96950-1304
    d. An NOI to be covered by the general permit for discharges from large and small
       construction sites must be submitted to CNMI DEQ (use above address) and
       USEPA, Region 9, in the form prescribed by USEPA, accompanied by a SWPPP
       approval letter from CNMI DEQ.
    e. The NOI must be postmarked seven (7) calendar days prior to any storm water
       discharges and a copy must be submitted to the Director ofCNMI DEQ (use
       above address) no later than seven (7) calendar days prior to any stormwater
       discharges.



Small and Large Construction Activities                                                      38
                                                                                General Permit


    f. Copies of all monitoring reports required by the NPDES general permit must be
       submitted to CNMI DEQ (use above address).
    g. In accordance with section 10.3(h) and (i) of the CNMI water quality standards,
       CNMI DEQ reserves the right to deny coverage under the general permit and to
       require submittal of an application for an individual NPDES permit based on a
       review of the NOI or other information made available to the Director.

F. Region 10
1. AKRlOOOOO: The State of Alaska, except Indian country
    a .. For Storm Water Pollution Prevention Plans
          1.   Operators of construction projects disturbing at least one acre of land but
               less than five acres ofland shall submit a copy ofthe Notice ofIntent (NOI)
               to the Alaska Department of Environmental Conservation (ADEC) at the
               same time it is submitted to the EPA. Submittals to ADEC shall be made to
               the following address
                           Alaska Department of Environmental Conservation
                           Wastewater Discharge/Storm Water
                           555 Cordova St.
                           Anchorage, AK 99501
          11. Operators of construction projects that disturb five or more acres of land and
               that are located outside the areas of the local governments described in
               numbers iii, iv, v, or vi below, shall submit a copy of the Storm Water
               Pollution Prevention Plan (SWPPP) and a copy of the NOI to ADEC for
               review. The SWPPP shall be accompanied by the state-required plan review
               fee (see 18 AAC 72.955).
          iii. Within the Municipality of Anchorage
                   (1) Operators of construction projects disturbing one or more acres of
                       land shall submit a copy of the SWPPP to either ADEC or the
                       Municipality based on the project type and operator as shown in the
                       followin table
                                                                                    Submit SWPPP to

                                                                         orts     ADEC
                                                                                  Munici




                       shall be accompanied by any Municipality-required fee. Copies of
                       the SWPPP shall be submitted to the Municipality at the following
                       address
                           Municipality of Anchorage
                           Office of Planning Development and Public Works
                           4700 South Elmore Rd.
                           PO Box 196650
                           Anchorage, AK 99519-6650


Small and Large Construction Activities                                                    39
                                                                              General Permit


                   (3) Submittals to ADEC shall include a copy of the SWPPP and a copy
                       of the NOI for review and shall be accompanied by the state-required
                       plan review fee (see 18 AAC 72.995).
          iv. Within the urbanized area boundary of the Fairbanks North Star Borough
               check with the Borough for the latest requirements.
                           Fairbanks North Star Borough
                           Department of Public Works
                           PO Box 71267
                           Fairbanks, AK 99707
          v. Within the urbanized area boundary of the City of Fairbanks
                   (1) Operators of privately-funded construction projects disturbing one or
                       more acres ofland shall submit a copy of the SWPPP to the City of
                       Fairbanks.
                   (2) Submittal of the SWPPP to the City of Fairbanks should be made
                       before or at the same time the NOI is submitted to the EPA and
                       ADEC and shall be accompanied by any City-required fee. Copies
                       of the SWPPP shall be submitted to the City of Fairbanks at the
                       following address
                           City of Fairbanks
                           Engineering Division
                           800 Cushman St
                           Fairbanks, AK 99701         .
                   (3) Operators of publicly-funded projects disturbing one or more acres
                       ofland shall submit a copy of the SWPPP and a copy of the NOI to
                       ADEC for review, and shall be accompanied by the state-required
                       plan review fee (see 18 AAC 72.995).
          vi. Within the urbanized area boundary of the City of North Pole
                   (1) Operators of privately-funded construction projects disturbing one or
                       more acres ofland shall submit a copy of the SWPPP to the City of
                       North Pole.
                   (2) Submittal of the SWPPP to the City of North Pole should be made
                       before or at the same time the NOI is submitted to the EPA and
                       ADEC and shall be accompanied by any City-required fee. Copies
                       of the SWPPP shall be submitted to the City of North Pole at the
                       following address
                         City of North Pole
                         Department of Public Works
                         125 Snowman Lane
                         North Pole, AK 99705
                   (3) Operators of publicly-funded projects disturbing one or more acres
                       ofland shall submit a copy of the SWPPP and a copy of the NOI to
                       ADEC for review, and shall be accompanied by the state-required
                       plan review fee (see 18 AAC 72.995).
          vii. For hardrock mines that are designed to process 500 or more tons per day
               and intend to file a Notice ofIntent to begin construction under this permit




Small and Large Construction Activities                                                  40
                                                                               General Permit


                 (1) The operator shall submit their SWPPP to ADEC for review at least
                      90 days before the start of construction,
                 (2) Representatives of the operator and the prime site construction
                      contractor shall meet with ADEC representatives in a pre-
                      construction conference at least 20 days before the start of
                      construction to discuss the details of the SWPPP and stormwater
                     management during construction,
                 (3) The operator shall submit to ADEC addendums to the SWPPP that
                     address any planned physical alterations, additions to the permitted
                     facility, or unanticipated conditions that arise during planned
                     construction that could significantly change the nature, or increase
                     the quantity, of pollutants discharged from the facility, and
                 (4) The operator shall have at least one person on-site during
                     construction who is qualified and trained in the principles and
                     practices of erosion and sediment control and has the authority to
                     direct the maintenance of storm water best management practices.
    b. For Post-Construction (Permanent) Storm Water Control Measures (Section 3.1.E
       [Post-Construction Storm water Management] of the CGP)
         i. Operators of construction projects who construct, alter, install, modify, or
             operate any part of a storm water treatment system and are located outside
             the Municipality of Anchorage, shall submit a copy of the engineering plans
             to ADEC for review at the address given above (see 18 AAC 72.600).
         11. Operators of construction projects who construct, alter, install, modify, or
             operate any part of a storm water treatment system and are located inside the
             Municipality of Anchorage, shall submit a copy of the engineering plans to
             the respective government agency based on project type, as indicated in the
             table in a.iii.(1) above, for review at the addresses given in a.i. or a.iii.(2)
             above.

2. IDRI00000: The State of Idaho, except Indian country
    a. 303(d)-listed Water Bodies with Approved TMDLs.
       Discharges of storm water will be consistent with load allocations established by
       the applicable TMDL.
    b. 303(d)-listed Water Bodies without Approved TMDLs (High Priority)
       If a TMDL has not been established for a high priority 303(d)-listed water body,
       then discharges of storm water may not cause an increase in the total load of listed
       pollutant(s) in the receiving water body.
    c. 303(d)-listed Water Bodies without Approved TMDLs (Medium or Low Priority)
       If a TMDL has not been established for a medium or low priority 303(d)-listed
       water body, then best management practices shall be employed as necessary to
       prohibit further impairment of the designated or existing beneficial uses in the
       receiving water body.
    d. Best Management Practices (BMPs)
       BMPs must be designed, implemented, and maintained by the permittee to fully
       protect and maintain the beneficial uses of the receiving water body. The
       permittee should select appropriate BMPs that are either authorized by the



Small and Large Construction Activities                                                   41
                                                                         General Permit


       appropriate designated agency as defined in Idaho Water Quality Standards
       (IDAPA 58.01.02), recommended in IDEQ's Catalog of Storm water BMPs for
       Idaho Cities and Counties, or recommended by other local government entities or
       guidance documents.
    e. Equivalent Analysis Waiver - Use of the "Equivalent Analysis Waiver" in
       Appendix D of the permit is not authorized.
    f. Operators may contact the Idaho Department of Environmental Quality regional
       office nearest the construction activity for more information about impaired
       waterways:
           Boise Regional Office:
           1445 N. Orchard
           Boise ID 83706-2239
           Tel: (208)373-0550
           Fax: (208)373-0287

             Grangeville Satellite Office:
             300 W. Main
             Grangeville ID 83530
             Tel: (208)983-0808
             Fax: (208)983-2873

             Pocatello Regional Office:
             444 Hospital Way #300
             Pocatello ID 83201
             Tel: (208)236-6160
             Fax: (208)236-6168

             McCall Satellite Office:
             502 N. 3rd Street #9A
             P.O. Box 4654
             McCall, ID 83638
             Tel: (208)634-4900
             Fax: (208)634-9405

            Idaho Falls Regional Office:
            900 N. Skyline, Suite B
            Idaho Falls, ID 83402
            Tel: (208)528-2650
            Fax: (208)528-2695

            Twin Falls Regional Office:
            1363 Fillmore
            Twin Falls, ID 83301
            Tel: (208)736-2190
            Fax: (208)736-2194




Small and Large Construction Activities                                            42
                                                                             General Permit


             Coeur d' Alene Regional Office:
             2110 Ironwood Parkway
             Coeur d'Alene ID 83814
             Tel: (208)769-1422
             Fax: (208)769-1404

             Lewiston Regional Office:
             1118 "F" Street
             Lewiston, ID 83501
             Tel: (208)799-4370
             Toll Free: 1-877-541-3304
             Fax: (208)799-3451

3. ORR 100001: Indian country within the State of Oregon, except Fort McDennitt
Reservation lands (see Region 9):
    a. Confederated Tribes of the Umatilla Indian Reservation.
       The following conditions apply only for projects within the exterior boundaries of
       the Umatilla Indian Reservation:
         1. The operator shall be responsible for achieving compliance with the
              Confederated Tribes of the Umatilla Indian Reservation's (CTUIR) Water
              Quality Standards.
         11. The operator must submit all Stonn Water Pollution Prevention Plans
              required under this general pennit to the CTUIR Water Resources Program
              for review and detennination that the SWPPP is sufficient to meet Tribal
              Water Quality Standards prior to the beginning of any discharge activities
              taking place.
         iii. The operator must submit a copy of the Notice ofIntent (NOI) to be covered
              by this general pennit to the CTUIR Water Resources Program at the
              address below, at the same time it is submitted to EPA.
         iv. The operator shall be responsible for reporting an exceedance of Tribal
              Water Quality Standards to the CTUIR Water Resources Program at the
              same time it is reported to EPA.
                Confederated Tribes of the Umatilla Indian Reservation
                Water Resources Program
                P.O. Box 638
                Pendleton, OR 97801
                (541) 966-2420
         v. At least 45 days prior to beginning any discharge activities, the operator
              must submit a copy of the Notice ofIntent to be covered under this general
              pennit and an assessment of whether the undertaking has the potential to
              affect historic properties to CTUIR Tribal Historic Preservation Office
              (THPO) at the address below. If the project has potential to affect historic
              properties, the operator must define the area of potential effect (APE). The
              operator must provide the THPO at least 30 days to comment on the APE as
              defined.




Small and Large Construction Activities                                                43
                                                                             General Permit


         vi. If the project is an undertaking, the operator must conduct a cultural
             resource investigation. All fieldwork must be conducted by qualified
             personnel (as outlined by the Secretary of the Interior's Standards and
             Guidelines found at http://www.nps.govlhistory/local-Iaw/
             arch stnds O.htm). All fieldwork must be documented using Oregon
             Reporting Standards (as outlined at
             http://egov .oregon.gov/OPRD/HCD/ARCH/arch pubsandlinks.shtml).
             The resulting report must be submitted to the THPO for concurrence before
             any ground disturbing work can occur. The operator must provide the THPO
             at least 30 days to review and respond to all reports.
             The operator must obtain THPO concurrence in writing. Ifhistoric
             properties are present, this written concurrence will outline measures to be
             taken to prevent or mitigate effects to historic properties.
                        Confederated Tribes of the Umatilla Indian Reservation
                        Cultural Resources Protection Program
                        Tribal Historic Preservation Office
                        P.O. Box 638
                        Pendleton, OR 97801
                        (541) 966-2340
    b. Confederated Tribes of Warm Springs.
       The following conditions apply only for projects on the Warm Springs Indian
       Reservation:
        1.   All activities covered by this NPDES general permit occurring within a
             designated riparian buffer zone as established in Ordinance 74 (Integrated
             Resource Management Plan or IRMP) must be reviewed, approved and
             permitted through the Tribe's Hydraulic Permit Application process,
             including payment of any applicable fees.
        ll. All activities covered by this NPDES general permit must follow all
             applicable land management and resource conservation requirements
             specified in the IRMP.
        iii. Operators of activities covered by this NPDES general permit must submit a
             Storm Water Pollution Prevention Plan to the Tribe's Water Control Board
             at the following address for approval at least 30 days prior to beginning
             construction activity:
                        Chair, Warm Springs Water Control Board
                        P.O. BoxC
                        Warm Springs, Oregon 97761

4. WARlOOOOF: Federal Facilities in the State of Washington, except those located on
Indian Country
    a. Discharges shall not cause or contribute to a violation of surface water quality
       standards (Chapter 173-201A WAC), ground water quality standards (Chapter
       173-200 WAC), sediment management standards (Chapter 173-204 WAC), and
       human health-based criteria in the National Toxics Rule (40 CFR Part 131.36).
       Discharges that are not in compliance with these standards are not authorized.




Small and Large Construction Activities                                                   44
                                                                             General Permit


    b. Prior to the discharge of stonnwater and non-stonnwater to waters of the state, the
       Pennittee shall apply all known, available, and reasonable methods of prevention,
       control, and treatment (AKART). This includes the preparation and
       implementation of an adequate Stonnwater Pollution Prevention Plan (SWPPP),
       with all appropriate best management practices (BMPs) installed and maintained
       in accordance with the SWPPP and the tenns and conditions of this pennit.
    c. Sampling & Numeric Effluent Limitations - For Sites Discharging to Certain
       Waterbodies on the 303(d) List or with an Applicable TMDL
         1.    Pennittees that discharge to water bodies listed as impaired by the State of
              Washington under Section 303(d) ofthe Clean Water Act for turbidity, fine
               sediment, high pH or phosphorus, shall conduct water quality sampling
              according to the requirements of this section.
               (1) The operator must retain all monitoring results required by this section
                   as part of the SWPPP. All data and related monitoring records must be
                   provided to EPA or the Washington Department of Ecology upon
                   request.
               (2) The operator must notify EPA when the discharge turbidity or discharge
                   pH exceeds the water quality standards as defined in Parts 10.FA.d.ii
                   and e.ii below, in accordance with the reporting requirements of Part
                   G.12.F of this pennit. All reports must be submitted to EPA at the
                   following address:
                   U.S EPA Region 10
                   NPDES Compliance Unit - Attn: Federal Facilities Compliance Officer
                   1200 6th Avenue, Suite 900
                   OCE-133
                   Seattle, W A 98101
                   (206) 553-1846
         11. All references and requirements associated with Section 303(d) of the Clean
              Water Act mean the most current listing by Ecology of impaired waters that
              exists on November 16, 2005, or the date when the operator's complete NOI
              IS receIve d b EPA , w h' h ever IS Iater.
              .       .     lY          IC      .
 Parameter identified ParameterlUnits             Analytical      Sampling         Water Quality
 in 303(d) listing                                  Method       Frequency            Standard
 Turbidity                   TurbiditylNTU        SM2130 or      Weekly, if     If background is 50
 Fine Sediment                                    EPA180.1      discharging     NTU or less: 5 NTU
 Phosphorus                                                                     over background; or
                                                                                  If background is
                                                                                more than 50 NTU:
                                                                                      10% over
                                                                                     background
 High pH                       pH/Standard         pH meter     Weekly, if         In the range of
                                  Units                         discharging           6.5 - 8.5
                                                               ..
    d. DIscharges to waterbodles on the 303(d) lIst for turbIdIty, fine sedIment, or
       phosphorus
         1. Pennittees which discharge to waterbodies on the 303(d) list for turbidity,
              fine sediment, or phosphorus shall conduct turbidity sampling at the



Small and Large Construction Activities                                                45
                                                                              General Permit


             following locations to evaluate compliance with the water quality standard
             for turbidity:
                  (1) Background turbidity shall be measured in the 303(d) listed
                        receiving water immediately upstream (upgradient) or outside the
                        area of influence of the discharge; and
                  (2) Discharge turbidity shall be measured at the point of discharge into
                        the 303(d) listed receiving waterbody, inside the area of influence
                        of the discharge; or
                       Alternatively, discharge turbidity may be measured at the point
                        where the discharge leaves the construction site, rather than in the
                       receiving waterbody.
        11. Based on sampling, if the discharge turbidity ever exceeds the water quality
             standard for turbidity (more than 5 NTU over background turbidity when
             the background turbidity is 50 NTU or less, or more than a 10% increase in
             turbidity when the background turbidity is more than 50 NTU), all future
            discharges shall comply with a numeric effluent limit which is equal to the
            water quality standard for turbidity. If a future discharge exceeds the water
            quality standard for turbidity, the permittee shall:
                 (1) Review the SWPPP for compliance with the permit and make
                       appropriate revisions within 7 days of the discharge that exceeded
                       the standard;
                 (2) Fully implement and maintain appropriate source control and/or
                       treatment BMPs as soon as possible, but no later than 10 days of
                       the discharge that exceeded the standard;
                 (3) Document BMP implementation and maintenance in the site log
                       book;
                 (4) Continue to sample daily until discharge turbidity meets the water
                       quality standard for turbidity.
    e. Discharges to waterbodies on the 303(d) list for High pH
        1. Permittees which discharge to waterbodies on the 303(d) list for high pH
            shall conduct sampling at one of the following locations to evaluate
            compliance with the water quality standard for pH (in the range of 6.5 -
            8.5):
                (1) pH shall be measured at the point of discharge into the 303(d)
                      listed waterbody, inside the area of influence of the discharge; or
                (2) Alternatively, pH may be measured at the point where the
                      discharge leaves the construction site, rather than in the receiving
                      water.
        11. Based on the sampling set forth above, if the pH ever exceeds the water
            quality standard for pH (in the range of 6.5 - 8.5), all future discharges shall
            comply with a numeric effluent limit which is equal to the water quality
            standard for pH. If a future discharge exceeds the water quality standard for
            pH, the permittee shall:
                (1) Review the SWPPP for compliance with the permit and make
                      appropriate revisions within 7 days of the discharge;




Small and Large Construction Activities                                                  46
                                                                                 General Permit


                    (2)   Fully implement and maintain appropriate source control and/or
                          treatment BMPs as soon as possible, but no later than 10 days of
                         the discharge that exceeded the standards;
                   (3) Document BMP implementation and maintenance in the site log
                         book;
                   (4) Continue to sample daily until discharge meets the water quality
                         standard for pH (in the range of 6.5 - 8.5).
    f.   Sampling & Limitations - For Sites Discharging to TMDLs
          1.   Discharges to waterbodies subject to an applicable Total Maximum Daily
              Load (TMDL) for turbidity, fine sediment, high pH, or phosphorus, shall be
              consistent with the assumptions and requirements of the TMDL.
                   (1) Where an applicable TMDL sets specific waste load allocations or
                         requirements for discharges covered by this permit, discharges
                         shall be consistent with any specific waste load allocations or
                         requirements established by the applicable TMDL.
                       a. Discharges shall be sampled weekly, or as otherwise specified by
                            the TMDL, to evaluate compliance with the specific waste load
                            allocations or requirements.
                       b. Analytical methods used to meet the monitoring requirements
                            shall conform to the latest revision of the Guidelines Establishing
                            Test Procedures for the Analysis of Pollutants contained in 40
                            CFR Part 136.
                  (2) Where an applicable TMDL has established a general waste load
                         allocation for construction stormwater discharges, but no specific
                         requirements have been identified, compliance with this permit
                         will be assumed to be consistent with the approved TMDL.
                  (3) Where an applicable TMDL has not specified a waste load
                         allocation for construction stormwater discharges, but has not
                         excluded these discharges, compliance with this permit will be
                         assumed to be consistent with the approved TMDL.
                  (4) Where an applicable TMDL specifically precludes or prohibits
                         discharges from construction activity, the operator is not eligible
                         for coverage under this permit.
          11. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or
              phosphorus, which has been completed and approved by EPA prior to
              November 16, 2005, or prior to the date the operator's complete NOI is
              received by EPA, whichever is later.
              Information on impaired waterways is available from the Department of
              Ecology website at:
              http://v,/ww.ecy.wa.gov/programs/wg/stormwater/construction/impaired.html
              or by phone: 360-407-6460.

5. WARlOOOOI: Indian country within the State of Washington
    a. Kalispel Tribe.
        The following conditions apply only for projects on the Kalispel Reservation:




Small and Large Construction Activities                                                     47
                                                                             General Permit


           1.  The permittee shall be responsible for achieving compliance with the
               Kalispel Tribe's Water Quality Standards.
         11. The permittee shall submit a copy of the Notice ofIntent (NOI) to be
               covered by the general permit to the Kalispel Tribe Natural Resources
               Department at the same time as it submitted to the U.S. EPA
         iii. The permittee shall submit all Storm Water Prevention Plans (SWPP) to the
               Kalispel Tribe Natural Resources Department thirty (30) days prior to
               beginning any discharge activities for review.
         tv. Prior to any land disturbing activities on the Kalispel Indian Reservation and
               its dependent communities, the permittee shall obtain a cultural resource
               clearance letter from the Kalispel Natural Resource Department.
         v. All tribal correspondence pertaining to the general permit for discharges of
               construction stormwater shall be sent to:
                        Kalispel Tribe Natural Resources Department
                        PO Box 39
                        Usk, WA 99180
    b. Lummi Nation
       The following conditions apply only for projects on the Lummi Reservation:
        1.    Pursuant to Lummi Code of Laws (LCL) 17.05.020(a), the operator must
              obtain a land use permit from the Lummi Planning Department as provided
              in Title 15 of the Lummi Code of Laws and regulations adopted thereunder.
         11. Pursuant to LCL 17.05.020(a), each operator shall develop and submit a
               Storm Water Pollution Prevention Plan to the Lummi Water Resources
              Division for review and approval by the Water Resources Manager prior to
              beginning any discharge activities.
        iii. Pursuant to LCL Title 17, each operator shall be responsible for achieving
              compliance with the Water Quality Standards for Surface Waters of the
              Lummi Indian Reservation (Lummi Administrative Regulations [LAR] 17
              LAR 07.010 through 17 LAR 07.210).
        tv. Each operator shall submit a copy ofthe Notice ofIntent to the Lummi
              Water Resources Division at the same time it is submitted to the
              Environmental Protection Agency (EPA).
        v. Storm Water Pollution Prevention Plans and Notices ofIntent shall be
              submitted to:
                        Lummi Natural Resources Department
                        ATTN: Water Resources Manager
                        2616 K wina Road
                        Bellingham, WA 98226
        VI. Refer to the Lummi Nation website at http://www.lummi-nsn.govto review a
              copy of Title 17 of the Lummi Code of Laws and the references upon which
              the conditions identified above are based.
    c. Makah Tribe
       The following conditions apply only for projects on the Makah Reservation:
        1.    The operator shall be responsible for achieving compliance with the Makah
              Tribe's Water Quality Standards.
        11. The operator shall submit a Storm Water Pollution Prevention Plan to the




Small and Large Construction Activities                                                 48
                                                                              General Permit


               Makah Tribe Water Quality Program and Makah Fisheries Habitat Division
               for review and approval at least thirty (30) days prior to beginning any
               discharge activities.
         iii. The operator shall submit a copy of the Notice ofIntent to the Makah Tribe
               Water Quality Program and Makah Fisheries Habitat Division at the same
               time it is submitted to EPA.
         iv. Storm Water Pollution Prevention Plans and Notices ofIntent shall be
              ·submitted to:
                          Makah Fisheries Water Quality and Habitat Division
                          PO Box 115
                          Neah Bay, WA 98357
    d. Puyallup Tribe of Indians.
       The following conditions apply only to stormwater discharges from large and
       small construction activities that result in a total land disturbance of equal to or
       greater than one acre, where those discharges enter surface waters of the Puyallup
       Tribe:
         1.    Each permittee shall be responsible for achieving compliance with the
               Puyallup Tribe' s Water Quality Standards, including antidegradation
               provisions. The Puyallup Natural Resources Department will conduct an
               anti degradation review for permitted activities that have the potential to
               affect water quality. The antidegradation review will be consistent with the
               Tribe's Antidegradation Implementation Procedures.
         11. The permittee shall be responsible for meeting any additional permit
               requirements imposed by EPA necessary to comply with the Puyallup
               Tribe's antidegradation policies if the discharge point is located within 1
               linear mile upstream of waters designated by the Tribe.
         iii. Each permittee shall submit a copy of the Notice ofIntent (NOI) to be
               covered by the general permit to the Puyallup Tribal Natural Resources
               Department at the address listed below at the same time it is submitted to
               EPA.
                          Puyallup Tribe ofIndians
                          3009 E. Portland Avenue
                          Tacoma, WA 98404
                          ATTN: Natural Resources Department
         iv. All supporting documentation and certifications in the NOI related to
               coverage under the general permit for Endangered Species Act purposes
               shall be submitted to the Puyallup Tribal Natural Resources Department for
               review.
         v. If EPA requires coverage under an individual or alternative permit, the
              permittee shall submit a copy of the permit to the Puyallup Tribal Natural
              Resources Department at the address listed above.
         vi. The permittee shall submit all stormwater pollution prevention plans to the
              Puyallup Tribal Natural Resources Department for review and approval
              prior to beginning any activities resulting in a discharge to tribal waters.




Small and Large Construction Activities                                                  49
                                                                               General Permit


Appendix A - Definitions and Acronyms
Definitions
"Arid Areas" means areas with an average annual rainfall of 0 to 10 inches.

"Best Management Practices" (BMPs) means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants to waters of the United States. BMPs also include treatment
requirements, operating procedures, and practice to control plant site runoff, spillage or
leaks, sludge or waste disposal, or drainage from raw material storage.

"Commencement of Construction Activities" means the initial disturbance of soils
associated with clearing, grading, or excavating activities or other construction-related
activities (e.g., stockpiling of fill material).

"Control Measure" as used in this permit, refers to any BMP or other method used to
prevent or reduce the discharge of pollutants to waters of the United States.

"CWA" means the Clean Water Act or the Federal Water Pollution Control Act, 33
U.S.C. section 1251 et seq.

"Discharge" when used without qualification means the "discharge of a pollutant."

"Discharge of Stormwater Associated with Construction Activity" as used in this permit,
refers to a discharge of pollutants in stormwater from areas where soil disturbing
activities (e.g., clearing, grading, or excavation), construction materials or equipment
storage or maintenance (e.g., fill piles, borrow area, concrete truck chute washdown,
fueling), or other industrial stormwater directly related to the construction process (e.g.,
concrete or asphalt batch plants) are located.

"Eligible" means qualified for authorization to discharge stormwater under this general
permit.

"Facility" or "Activity" means any "point source" or any other facility or activity
(including land or appurtenances thereto) that is subject to regulation under the NPDES
program.

"Federal Facility" means any buildings, installations, structures, land, public works,
equipment, aircraft, vessels, and other vehicles and property, owned by, or constructed or
manufactured for the purpose of leasing to, the Federal government.

"Final Stabilization" means that:
    1. All soil disturbing activities at the site have been completed and either of the two
       following criteria are met:
       a. a uniform (e.g" evenly distributed, without large bare areas) perennial
           vegetative cover with a density of 70 percent of the native background




Small and Large Construction Activities                                                  A-I
                                                                                  General Permit


             vegetative cover for the area has been established on all unpaved areas and
             areas not covered by pennanent structures,' or
         b. equivalent pennanent stabilization measures (such as the use of riprap,
             gabions, or geotextiles) have been employed.
    2.   When background native vegetation will cover less than 100 percent of the
         ground (e.g., arid areas, beaches), the 70 percent coverage criteria is adjusted as
         follows: if the native vegetation covers 50 percent of the ground, 70 percent of 50
         percent (0.70 X 0.50 = 0.35) would require 35 percent total cover for final
         stabilization. On a beach with no natural vegetation, no stabilization is required.
    3.   In arid and semi-arid areas only, all soil disturbing activities at the site have been
         completed and both of the following criteria have been met:
         a. Temporary erosion control measures (e.g., degradable rolled erosion control
             product) are selected, designed, and installed along with an appropriate seed
             base to provide erosion control for at least three years without active
             maintenance by you,
         b. The temporary erosion control measures are selected, designed, and installed
             to achieve 70 percent vegetative coverage within three years.
    4.   For individual lots in residential construction, final stabilization means that either:
         a. The homebuilder has completed final stabilization as specified above, or
         b. The homebuilder has established temporary stabilization including perimeter
             controls for an individual lot prior to occupation of the home by the
             homeowner and infonning the homeowner of the need for, and benefits of,
             final stabilization.
    5.   For construction projects on land used for agricultural purposes (e.g., pipelines
         across crop or range land, staging areas for highway construction, etc.), final
         stabilization may be accomplished by returning the disturbed land to its
         preconstruction agricultural use. Areas disturbed that were not previously used for
         agricultural activities, such as buffer strips immediately adjacent to "water of the
         United States," and areas which are not being returned to their preconstruction
         agricultural use must meet the final stabilization criteria (1) or (2) or (3) above.

"Indian country" is defined at 40 CFR §122.2 to mean:
    I. All land within the limits of any Indian reservation under the jurisdiction of the
       United States Government, notwithstanding the issuance of any patent, and,
       including rights-of-way running through the reservation;
   2. All dependent Indian communities with the borders of the United States whether
       within the originally or subsequently acquired territory thereof, and whether
       within or without the limits of a state; and
   3. All Indian allotments, the Indian titles to which have not been extinguished,
       including rights-of-ways running through the same.

"Large Construction Activity" is defined at 40 CFR § 122.26(b)(14)(x) and incorporated
here by reference. A large construction activity includes clearing, grading, and excavating
resulting in a land disturbance that will disturb equal to or greater than five acres of land
or will disturb less than five acres of total land area but is part of a larger common plan of
development or sale that will ultimately disturb equal to or greater than five acres. Large



Small and Large Construction Activities                                                     A-2
                                                                              General Permit


construction activity does not include routine maintenance that is performed to maintain
the original line and grade, hydraulic capacity, or original purpose of the site.

"Municipal Separate Storm Sewer System" or "MS4" is defined at 40 CFR § 122.26(b)(8)
to mean a conveyance or system of conveyances (including roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains):
    1. Owned and operated by a state, city, town, borough, county, parish, district,
         association, or other public body (created by or pursuant to State law) having
        jurisdiction over disposal of sewage, industrial wastes, stormwater, or other
        wastes, including special districts under State law such as a sewer district, flood
         control district or drainage district, or similar entity, or an Indian tribe or an
         authorized Indian tribal organization, or a designated and approved management
         agency under section 208 of the CWA that discharges to waters of the United
         States;
    2. Designed or used for collecting or conveying stormwater;
    3. Which is not a combined sewer; and
    4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
         CFR §122.2.

"New Project" means the "commencement of construction activities" occurs after the
effective date of this permit.

"Ongoing Project" means the "commencement of construction activities" occurs before
the effective date of this permit.

"Operator" for the purpose of this permit and in the context of stormwater associated with
construction activity, means any party associated with a construction project that meets
either of the following two criteria:
    1. The party has operational control over construction plans and specifications,
        including the ability to make modifications to those plans and specifications; or
    2. The party has day-to-day operational control of those activities at a project which
        are necessary to ensure compliance with a SWPPP for the site or other permit
        conditions (e.g., they are authorized to direct workers at a site to carry out
        activities required by the SWPPP or comply with other permit conditions). This
        definition is provided to inform permittees of EPA's interpretation of how the
        regulatory definitions of "owner or operator" and "facility or activity" are applied
        to discharges of stormwater associated with construction activity.

"Owner or operator" means the owner or operator of any' 'facility or activity" subject to
regulation under the NPDES program.

"Permitting Authority" means the United States Environmental Protection Agency, EPA,
a Regional Administrator of the Environmental Protection Agency or an authorized
representative.




Small and Large Construction Activities                                                 A-3
                                                                                General Permit


"Point Source" means any discernible, confined, and discrete conveyance, including but
not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock concentrated animal feeding operation, landfill leachate collection system,
vessel or other floating craft from which pollutants are or may be discharged. This term
does not include return flows from irrigated agriculture or agricultural stormwater runoff.

"Pollutant" is defined at 40 CFR § 122.2. A partial listing from this definition includes:
dredged spoil, solid waste, sewage, garbage, sewage sludge, chemical wastes, biological
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial or
municipal waste.

"Project Area" means:
- The areas on the construction site where stormwater discharges originate and flow
toward the point of discharge into the receiving waters (including areas where
excavation, site development, or other ground disturbance activities occur) and the
immediate vicinity. (Example: 1. Where bald eagles nest in a tree that is on or bordering a
construction site and could be disturbed by the construction activity or where grading
causes stormwater to flow into a small wetland or other habitat that is on the site that
contains listed species.)
- The areas where stormwater discharges flow from the construction site to the point of
discharge into receiving waters. (Example: Where stormwater flows into a ditch, swale,
or gully that leads to receiving waters and where listed species (such as amphibians) are
found in the ditch, swale, or gully.)
- The areas where stormwater from construction activities discharge into receiving
waters and the areas in the immediate vicinity of the point of discharge. (Example: Where
stormwater from construction activities discharges into a stream segment that is known to
harbor listed aquatic species.)
- The areas where stormwater BMPs will be constructed and operated, including any
areas where stormwater flows to and from BMPs. (Example: Where a stormwater
retention pond would be built.)
- The areas upstream and lor downstream from construction activities discharges into a
stream segment that may be affected by the said discharges. (Example: Where sediment
discharged to a receiving stream settles downstream and impacts a breeding area of a
listed aquatic species.)

"Receiving water" means the "Water of the United States" as defined in 40 CFR § 122.2
into which the regulated stormwater discharges.

"Runoff coefficient" means the fraction of total rainfall that will appear at the
conveyance as runoff.

"Semi-Arid Areas" means areas with an average annual rainfall of 10 to 20 inches.

"Site" means the land or water area where any "facility or activity" is physically located
or conducted, including adjacent land used in connection with the facility or activity.




Small and Large Construction Activities                                                   A-4
                                                                               General Permit


"Small Construction Activity" is defined at 40 CFR §122.26(b)(15) and incorporated here
by reference. A small construction activity includes clearing, grading, and excavating
resulting in a land disturbance that will disturb equal to or greater than one (1) acre and
less than five (5) acres ofland or will disturb less than one (1) acre of total land area but
is part of a larger common plan of development or sale that will ultimately disturb equal
to or greater than one (1) acre and less than five (5) acres. Small construction activity
does not include routine maintenance that is performed to maintain the original line and
grade, hydraulic capacity, or original purpose of the site.

"Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and
drainage.

"Stormwater Discharge-Related Activities" as used in this permit, include: activities that
cause, contribute to, or result in stormwater point source pollutant discharges, including
but not limited to: excavation, site development, grading and other surface disturbance
activities; and measures to control stormwater including the siting, construction and
operation of BMPs to control, reduce or prevent stormwater pollution.

"Total Maximum Daily Load" or "TMDL" means the sum of the individual wasteload
allocations (WLAs) for point sources and load allocations (LAs) for nonpoint sources and
natural background. If a receiving water has only one point source discharger, the TMDL
is the sum of that point source WLA plus the LAs for any nonpoint sources of pollution
and natural background sources, tributaries, or adjacent segments. TMDLs can be
expressed in terms of either mass per time, toxicity, or other appropriate measure.

"Waters of the United States" is as defined at 40 CFR §122.2.

"Wetland" means those areas that are inundated or saturated by surface or groundwater at
a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.

ACRONYMS

BMP - Best Management Practices
CGP - Construction General Permit
CFR - Code of Federal Regulations
CWA - Clean Water Act
EPA - United States Environmental Protection Agency
ESA - Endangered Species Act
FWS - United States Fish and Wildlife Service
MS4 - Municipal Separate Storm Sewer System
MSGP - Multi-Sector General Permit
NHP A - National Historic Preservation Act
NMFS - United States National Marine Fisheries Service
NOI - Notice ofIntent



Small and Large Construction Activities                                                  A-5
                                                          General Permit


NOT - Notice of Termination
NPDES - National Pollutant Discharge Elimination System
POTW - Publicly Owned Treatment Works
SHPO - State Historic Preservation Officer
SWPPP - Stormwater Pollution Prevention Plan
THPO - Tribal Historic Preservation Officer
TMDL - Total Maximum Daily Load
WQS - Water Quality Standard




Small and Large Construction Activities                             A-6
                                                                            General Permit


Appendix B - Permit Areas Eligible for Coverage
        Permit coverage for stormwater discharges from construction activity occurring.
within the following areas is provided by legally separate and distinctly numbered
permits:

1. EPA Region 1: CT, MA, ME, NH, RI, VT

US EPA, Region 01
Office of Ecosystem Protection
NPDES Stormwater Program
1 Congress St, Suite 1100 (CMU)
Boston, MA 02114-2023

       The States of Connecticut, Maine, Rhode Island, and Vermont are the NPDES
Permitting Authority for the majority of discharges within their respective states.

Permit No.               Areas of CoveragelWhere EPA is Permitting Authority
MARI00000                Commonwealth of Massachusetts (except Indian country)
MARI0000I                Indian country within the State of Massachusetts
CTRI0000I                Indian country within the State of Connecticut
NHRI00000                State of New Hampshire
RIRI0000I                Indian country within the State of Rhode Island
VTRI0000F                Federal Facilities in the State of Vermont

2. EPA Region 2: NJ, NY, PR, VI

For NJ, NY, and VI:
US EPA, Region 02
NPDES Stormwater Program
290 Broadway, 24th Floor
New York, NY 10007-1866

ForPR:
US EPA, Region 02
Caribbean Environmental Protection Division
NPDES Stormwater Program
1492 Ponce de Leon Ave
Central Europa Building, Suite 417
San Juan, PR 00907-4127

       The State of New York is the NPDES Permitting Authority for the majority of
discharges within its state. The State of New Jersey and the Virgin Islands are the
NPDES Permitting Authority for all discharges within their respective states.




Small and Large Construction Activities                                               B-1
                                                                            General Permit


Permit No.               Areas of CoveragelWhere EPA is Permitting Authority
NYRIOOOOI                Indian country within the State of New York
PRRIOOOOO                The Commonwealth of Puerto Rico

3. EPA Region 3: DE, DC, MD, PA, VA, WV

US EPA, Region 03
NPDES Stormwater Program
1650 Arch St
Philadelphia, P A 19103

       The State of Delaware is the NPDES Permitting Authority for the majority of
discharges within its state. Maryland, Pennsylvania, Virginia, and West Virginia are the
NPDES Permitting Authority for all discharges within their respective states.

Permit No.               Areas of CoveragelWhere EPA is Permitting Authority
DCRIOOOOO                The District of Columbia
DERIOOOOF                Federal Facilities in the State of Delaware

4. EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN

US EPA, Region 04
Water Management Division
NPDES Stormwater Program
61 Forsyth St SW
Atlanta, GA 30303-3104

       Coverage Not Available. Construction activities in Region 4 must obtain permit
coverage under an alternative permit.

5. EPA Region 5: IL, IN, MI, MN, OH, WI

US EPA, Region 05
NPDES & Technical Support
NPDES Stormwater Program
77 W Jackson Blvd
(WN-l6J)
Chicago, IL 60604-3507

         The States of Michigan, Minnesota, and Wisconsin are the NPDES Permitting
Authority for the majority of discharges within their respective states. The States of
Illinois, Indiana, and Ohio are the NPDES Permitting Authorities for all discharges
within their respective states.




Small and Large Construction Activities                                                  B-2
                                                                                 General Permit


Permit No.                Areas of coverage/where EPA is Permitting Authority
MIRIOOOOI                 Indian country within the State of Michigan
MNRIOOOOI                 Indian country within the State of Minnesota, except the Grand
                          Portage Band of Chippewa
WIRIOOOOI                 Indian country within the State of Wisconsin, except the Sokaogon
                          Chippewa (Mole Lake) Community.

6. EPA Region 6: AR, LA, OK, TX, NM (except see Region 9 for Navajo lands, and
   see Region 8 for Ute Mountain Reservation lands)

US EPA, Region 06
NPDES Stormwater Program
1445 Ross Ave, Suite 1200
Dallas, TX 75202-2733

       The States of Louisiana, Oklahoma, and Texas are the NPDES Permitting
Authority for the majority of discharges within their respective state. The State of
Arkansas is the NPDES Permitting Authority for all discharges within its respective state.

Permit No.                Areas of coverage/where EPA is Permitting Authority
LARIOOOOI                 Indian country within the State of Louisiana
NMRIOOOOO                 The State of New Mexico, except Indian country
NMRIOOOOI                 Indian country within the State of New Mexico, except Navajo
                          Reservation Lands that are covered under Arizona permit
                          AZR10000I and Ute Mountain Reservation Lands that are covered
                          under Colorado permit COR1 OOOOL
OKRIOOOOI                 Indian country within the State of Oklahoma
OKRIOOOOF                 Discharges in the State of Oklahoma that are not under the
                          authority of the Oklahoma Department of Environmental Quality,
                          including activities associated with oil and gas exploration,
                          drilling, operations, and pipelines (includes SIC Groups 13 and 46,
                          and SIC codes 492 and 5171), and point source discharges
                          associated with agricultural production, services, and silviculture
                          (includes SIC Groups 01, 02, 07, 08, 09).
TXRIOOOOF                 Discharges in the State of Texas that are not under the authority of
                          the Texas Commission on Environmental Quality (formerly
                          TNRCC), including activities associated with the exploration,
                        . development, or production of oil or gas or geothermal resources,
                          including transportation of crude oil or natural gas by pipeline.
TXRIOOOOI                 Indian country within the State of Texas.




Small and Large Construction Activities                                                    B-3
                                                                                General Permit


7. EPA Region 7: lA, KS, MO, NE (except see Region 8 for Pine Ridge Reservation
   Lands)

US EPA, Region 07
NPDES Stormwater Program
901 N 5th St
Kansas City, KS6610l

        The States of Iowa, Kansas, and Nebraska are the NPDES Permitting Authority
for the majority of discharges within their respective states. The State of Missouri is the
NPDES Permitting Authority for all discharges within its state.

Permit No.                Areas of coverage/where EPA is Permitting Authority
IARIOOOOI                 Indian country within the State of Iowa
KSRIOOOOI                 Indian country within the State of Kansas
NERIOOOOI                 Indian country within the State of Nebraska, except Pine Ridge
                          Reservation lands (see Region 8)

8. EPA Region 8: CO, MT, ND, SD, WY, UT (except see Region 9 for Goshute
   Reservation and Navajo Reservation Lands), the Ute Mountain Reservation in
   NM, and the Pine Ridge Reservation in NE.

US EPA, Region 08
NPDES Stormwater Program
999 18th St, Suite 300
(EPR-EP)
Denver, CO 80202-2466

        The States of Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming are the NPDES Permitting Authority for the majority of discharges within their
respective states.

Permit No.               Areas of coverage/where EPA is Permitting Authority
CORIOOOOF                Federal Facilities in the State of Colorado, except those .located on
                         Indian country
CORIOOOOI                Indian country within the State of Colorado, as well as the portion
                         of the Ute Mountain Reservation located in New Mexico
MTRIOOOOI                Indian country within the State of Montana
NDRIOOOOI                Indian country within the State of North Dakota, as well as that
                         portion of the Standing Rock Reservation located in South Dakota
                         (except for the portion of the lands within the former boundaries of
                         the Lake Traverse Reservation which is covered under South
                         Dakota permit SDRlOOOOI listed below)
SDRIOOOOI                Indian country within the State of South Dakota, as well as the
                         portion of the Pine Ridge Reservation located in Nebraska and the
                         portion of the lands within the former boundaries of the Lake



Small and Large Construction Activities                                                    B-4
                                                                              General Permit


                         Traverse Reservation located in North Dakota (except for the
                         Standing Rock Reservation which is covered under North Dakota
                         permit ND R 100001 listed above)
UTR10000I                Indian country within the State of Utah, except Goshute and
                         Navajo Reservation lands (see Region 9)
WYR10000I                Indian country within the State of Wyoming

9. EPA Region 9: CA, HI, NV, Guam, American Samoa, the Commonwealth of the
   Northern Mariana Islands, the Goshute Reservation in UT and NV, the Navajo
   Reservation in UT, NM, and AZ, the Duck Valley Reservation in ID, and the
   Fort McDermitt Reservation in OR.            .

US EPA, Region 09
NPDES Stormwater Program
75 Hawthorne St
San Francisco, CA 94105-3901

       The States of Arizona, California and Nevada are the NPDES Permitting
Authority for the majority of discharges within their respective states. The State of
Hawaii is the NPDES Permitting Authority for all discharges within its state.

Permit No.               Areas of coverage/where EPA is Permitting Authority
ASR100000                The Island of American Samoa
AZR10000I                Indian country within the State of Arizona, as well as Navajo
                         Reservation lands in New Mexico and Utah
CAR10000I                Indian country within the State of California
GUR100000                The Island of Guam
JAR100000                Johnston Atoll
MWR100000                Midway Island and Wake Island
MPR100000                Commonwealth of the Northern Mariana Islands
NVR10000I                Indian country within the State of Nevada, as well as the Duck
                         Valley Reservation in Idaho, the Fort McDermitt Reservation in
                         Oregon and the Goshute Reservation in Utah

10. EPA Region 10: AK, WA, ID (except see Region 9 for Duck Valley Reservation
    Lands), and OR (except see Region 9 for Fort McDermitt Reservation).

US EPA, Region 10
NPDES Stormwater Program
1200 6th Ave (OW-130)
Seattle, W A 98101-1128
Phone: (206) 553-6650

       The States of Oregon and Washington are the NPDES Permitting Authority for
the majority of discharges within their respective states.




Small and Large Construction Activities                                                   B-5
                                                                                 General Permit


Permit No.                Areas of coverage/where EPA is Permitting Authority
AKRIOOOOO                 The State of Alaska, except Indian country
AKRIOOOOI                 Indian country within the state of Alaska
IDRIOOOOO                 The State of Idaho, except Indian country
IDRIOOOOI                 Indian country within the State of Idaho, except Duck Valley
                          Reservation lands (see Region 9)
ORRIOOOOI                 Indian country within the State of Oregon, except Fort McDennitt
                          Reservation lands (see Region 9)
WARIOOOOF                 Federal Facilities in the State of Washington, except those located
                          on Indian country
WARIOOOOI                 Indian country within the State of Washington




Small and Large Construction Activities                                                   B-6
                                                                                General Permit


Appendix C - Endangered Species Act Review Procedures

You must meet at least one of the six criteria in Part 1.3.C.6 to be eligible for coverage
under this permit. You must follow the procedures in this Appendix to assess the
potential effects of stormwater discharges and stormwater discharge-related activities on
listed species and their critical habitat. When evaluating these potential effects, operators
must evaluate the entire project area.

For purposes of this Appendix, the term "project area" is inclusive of the term "Action
Area." Action area is defined in 50 CFR §402.02 as all areas to be affected directly or
indirectly by the federal action and not merely the immediate area involved in the action.

This includes areas beyond the footprint of the construction area that may be affected by
stormwater discharges and stormwater discharge related activities. "Project area" is
defined in Appendix A.

(Operators who are eligible and able to certify eligibility under Criterion B, C, D, or F of
Part 1.3.C.6 because ofa previously issued ESA section 10 permit, a previously
completed ESA section 7 consultation, or because the operator's activities were already
addressed in another operator's certification of eligibility may proceed directly to
Step Four.)

Step One: Determine if Listed Threatened or Endangered Species are Present On or
Near Your Project Area

You must determine, to the best of your knowledge, whether listed species are located on
or near your project area. To make this determination, you should:
• Determine if listed species are in your county or township. The local offices of the
    U.S. Fish and Wildlife Service (FWS), National Marine Fisheries Service (NMFS),
    and State or Tribal Heritage Centers often maintain lists of federally listed
    endangered or threatened species on their internet sites. Visit
    http://www.epa.gov/npdes/stormwatericgp to find the appropriate site for your state
    or check with your local office. In most cases, these lists allow you to determine if
    there are listed species in your county or township.
• If there are listed species in your county or township, check to see if critical habitat
    has been designated and ifthat area overlaps or is near your project area.
• Contact your local FWS, NMFS, or State or Tribal Heritage Center to determine if the
    listed species could be found on or near your project area and if any critical habitat
    areas have been designated that overlap or are near your project area. Critical habitat
    areas maybe designated independently from the listed species for your county, so
    even if there are no listed species in your county or township, you must still contact
    one of the agencies mentioned above to determine if there are any critical habitat
    areas on or near your project area.

You can also find critical habitat designations and associated requirements at 50.CFR
Parts 17 and 226. http://www .access.gpo.gov.



Small and Large Construction Activities                                                   C-l
                                                                                 General Permit


•   If there are no listed species in your county or township, no critical habitat areas on or
    near your project area, or if your local FWS, NMFS, or State or Tribal Heritage
    Center indicates that listed species are not a concern in your part of the county or
    township, you may check box A on the Notice ofIntent Form.
•   Ifthere are listed species and if your local FWS, NMFS, or State or Tribal Heritage
    Center indicates that these species could exist on or near your project area, you will
    need to do one or more of the following:
    • Conduct visual inspections: This method may be particularly suitable for
         construction sites that are smaller in size or located in non-natural settings such as
         highly urbanized areas or industrial parks where there is little or no natural
         habitat, or for construction activities that discharge directly into municipal
         stormwater collection systems.
    • Conduct a formal biological survey. In some cases, particularly for larger
         construction sites with extensive stormwater discharges, biological surveys may
         be an appropriate way to assess whether species are located on or near the project
         area and whether there are likely adverse effects to such species. Biological
         surveys are frequently performed by environmental consulting firms. A biological
         survey may in some cases be useful in conjunction with Steps Two, Three, or
         F our of these instructions.
    • Conduct an environmental assessment under the National Environmental Policy
        Act (NEPA). Such reviews may indicate iflisted species are in proximity to the
        project area. Coverage under the CGP does not trigger such a review because the
        CGP does not regulate new sources (that is, dischargers subject to New Source
        Performance Standards under section 306 ofthe Clean Water Act), and is thus
        statutorily exempted from NEPA. See CWA section 511 (c). However, some
        construction activities might require review under NEPA for other reasons such as
        federal funding or other federal involvement in the project.
    • If listed threatened or endangered species or critical habitat are present in the
        project area, you must look at impacts to species and/or habitat when following
        Steps Two through Four. Note that many but not all measures imposed to protect
        listed species under these steps will also protect critical habitat. Thus, meeting the
        eligibility requirements of this CGP may require measures to protect critical
        habitat that are separate from those to protect listed species.

Step Two: Determine if the Construction Activity's Stormwater Discharges or
Storm water Discharge- Related Activities Are Likely to Adversely Affect Listed
Threatened or Endangered Species or Designated Critical Habitat

To receive CGP coverage, you must assess whether your stormwater discharges or
stormwater discharge related activities is likely to adversely affect listed threatened or
endangered species or designated critical habitat that are present on or near your project
area.

Potential adverse effects from stormwater discharges and stormwater discharge-related
activities include:




Small and Large Construction Activities                                                    C-l
                                                                                 General Permit


•   Hydrological. Stormwater discharges may cause siltation, sedimentation or induce
    other changes in receiving waters such as temperature, salinity or pH. These effects
    will vary with the amount of stormwater discharged and the volume and condition of
    the receiving water. Where a stormwater discharge constitutes a minute portion of the
    total volume of the receiving water, adverse hydrological effects are less likely.
    Construction activity itself may also alter drainage patterns on a site where
    construction occurs that can impact listed species or critical habitat.
•   Habitat. Excavation, site development, grading, and other surface disturbance
    activities from construction activities, including the installation or placement of
    stormwater BMPs, may adversely affect listed species or their habitat. Stormwater
    may drain or inundate listed species habitat.
•   Toxicity. In some cases, pollutants in stormwater may have toxic effects on listed
    species.

The scope of effects to consider will vary with each site. If you are having difficulty
determining whether your project is likely to adversely affect listed species or critical
habitat, or one of the Services has already raised concerns to you, you must contact the
appropriate office of the FWS, NMFS or Natural Heritage Center for assistance. If
adverse effects are not likely, then you may check box E on the NOI form and apply for
coverage under the CGP. If the discharge may adversely effect listed species or critical
habitat, you must follow Step Three.

Step Three: Determine if Measures Can Be Implemented to Avoid Adverse Effects
If you make a preliminary determination that adverse effects are likely to occur, you can
still receive coverage under Criterion E of Part 1.3.C.6 ofthe CGP if appropriate
measures are undertaken to avoid or eliminate the likelihood of adverse effects prior to
applying for CGP coverage. These measures may involve relatively simple changes to
construction activities such as re-routing a stormwater discharge to bypass an area where
species are located, relocating BMPs, or by changing the "footprint" of the construction
activity. You should contact the FWS and/or NMFS to see what appropriate measures
might be suitable to avoid or eliminate the likelihood of adverse impacts to listed species
and/or critical habitat. (See 50 CFR §402.13(b)). This can entail the initiation of informal
consultation with the FWS and/or NMFS (described in more detail in Step Four).

If you adopt measures to. avoid or eliminate adverse affects, you must continue to abide
by those measures for the duration of the construction project and coverage under the
CGP. These measures must be described in the SWPPP and are enforceable CGP
conditions and/or conditions for meeting the eligibility criteria in Part 1.3. If appropriate
measures to avoid the likelihood of adverse effects are not available, you must follow
Step Four.

Step Four: Determine if the Eligibility Requirements of Criterion B, C, D, or F of
Part 1.3.C.6 Can Be Met
Where adverse effects are likely, you must contact the FWS and/or NMFS. You may still
be eligible for CGP coverage if any likely adverse effects can be addressed through
meeting Criterion B, C, D, or F of Part 1.3.C.6 of the CGP. These criteria are as follows:



Small and Large Construction Activities                                                    C-3
                                                                                General Permit




1. An ESA Section 7 Consultation Is Performedfor Your Activity (See Criterion B or C
     of Part 1.3.C.6 of the CGP).
Formal or informal ESA section 7 consultation is performed with the FWS and/or NMFS
that addresses the effects of your stormwater discharges and stormwater discharge-related
activities on federally-listed and threatened species and designated critical habitat. FWS
and/or NMFS may request that consultation take place if any actions are identified that
may affect listed species or critical habitat. In order to be eligible for coverage under this
permit, consultation must result in a "no jeopardy opinion" or a written concurrence by
the Service(s) on a finding that your stormwater discharge(s) and stormwater discharge-
related activities are not likely to adversely affect listed species or critical habitat (For
more information on consultation, see 50 CFR §402). If you receive a ''jeopardy
opinion," you may continue to work with the FWS and/or NMFS and your permitting
authority to modify your project so that it will not jeopardize listed species or designated
critical habitat.

Most consultations are accomplished through informal consultation. By the terms of this
CGP, EPA has automatically designated operators as non-federal representatives for the
purpose of conducting informal consultations. See Part 1.3.C.6 and 50 CFR §402.08 and
§402.13. When conducting informal ESA section 7 consultation as a non-federal
representative, you must follow the procedures found in 50 CFR Part 402 of the ESA
regulations. You must notify FWS and/or NMFS of your intention and agreement to
conduct consultation as a non-federal representative.

Consultation may occur in the context of another federal action at the construction site
(e.g., where ESA section 7 consultation was performed for issuance of a wetlands dredge
and fill permit for the project or where a NEP A review is performed for the project that
incorporates a section 7 consultation). Any terms and conditions developed through
consultations to protect listed species and critical habitat must be incorporated into the
SWPPP. As noted above, operators may, if they wish, initiate consultation with the
Services at Step Four.

Whether ESA section 7 consultation must be performed with either the FWS, NMFS or
both Services depends on the listed species that may be affected by the operator's
activity. In general, NMFS has jurisdiction over marine, estuaries, and anadromous
species. Operators should also be aware that while formal section 7 consultation provides
protection from incidental takings liability, informal consultation does not.

2. An Incidental Taking Permit Under Section 10 of the ESA is Issuedfor the Operators
   Activity (See Criterion D of Part 1.3.C.6 of the CGP).

Your construction activities are authorized through the issuance of a permit under section
10 of the ESA and that authorization addresses the effects of your stormwater
discharge(s) and stormwater discharge-related activities on federally-listed species and
designated critical habitat. You must follow FWS and/or NMFS procedures when
applying for an ESA Section 10 permit (see 50 CFR § 17 .22(b)(1) for FWS and §222.22



Small and Large Construction Activities                                                   C-4
                                                                              General Permit


for NMFS). Application instructions for section 10 permits for FWS and NMFS can be
obtained by accessing the FWS and NMFS websites (http://www.fws.gov and
http://www.nmfs.noaa.gov) or by contacting the appropriate FWS and NMFS regional
office.

3. You are Covered Under the Eligibility Certification ofAnother Operator for the
   Project Area (See Criterion F ofPart 1.3.C.6 of the CGP).

Your stormwater discharges and stormwater discharge-related activities were already
addressed in another operator's certification of eligibility under Criteria A through E of
Part 1.3.C.6 which also included your project area. For example, a general contractor or
developer may have completed and filed an NOI for the entire project area with the
necessary Endangered Species Act certifications (criteria A-E), subcontractors may then
rely upon that certification and must comply with any conditions resulting from that
process. By certifying eligibility under Criterion F of Part 1.3.C.6, you agree to comply
with any measures or controls upon which the other operator's certification under
Criterion B, C, or D of Part 1.3.C.6 was based. Certification under Criterion F of Part
1.3.C.6 is discussed in more detail in the Fact Sheet that accompanies this permit.

You must comply with any terms and conditions imposed under the eligibility
requirements of Criterion A through F to ensure that your stormwater discharges and
stormwater discharge':related activities are protective oflisted species and/or critical
habitat. Such terms and conditions must be incorporated in the project's SWPPP. If the
eligibility requirements of Part 1.3.C.6 cannot be met, then you are not eligible for
coverage under the CGP. In these instances, you may consider applying to EPA for an
individual permit.




Small and Large Construction Activities                                                 C-5
                                                                                 General Permit


Appendix D - Small Construction Waivers and Instructions

These waivers are only available to stormwater discharges associated with small
construction activities (i.e., 1-5 acres). As the operator ofa small construction activity,
you may be able to qualify for a waiver in lieu of needing to obtain coverage under this
general permit based on: (A) a low rainfall erosivity factor, (B) a TMDL analysis, or (C)
an equivalent analysis that determines allocations for small construction sites are not
needed. Each operator, otherwise needing permit coverage, must notify EPA of its
intention for a waiver. It is the responsibility of those individuals wishing to obtain a
waiver from coverage under this general permit to submit a complete and accurate waiver
certification as described below. Where the operator changes or another is added during
the construction project, the new operator must also submit a waiver certification to be
waived.

A. Rainfall Erosivity Waiver

Under this scenario the small construction project's rainfall erosivity factor calculation
("R" in the Revised Universal Soil Loss Equation) is less than 5 during the period of
construction activity. The operator must certify to the EPA that construction activity will
occur only when the rainfall erosivity factor is less than 5. The period of construction
activity begins at initial earth disturbance and ends with final stabilization. Where
vegetation will be used for final stabilization, the date of installation of a stabilization
practice that will provide interim non-vegetative stabilization can be used for the end of
the construction period, provided the operator commits (as a condition of waiver
eligibility) to periodically inspect and properly maintain the area until the criteria for final
stabilization as defined in the construction general permit have been met. Ifuse of this
interim stabilization eligibility condition was relied on to qualify for the waiver, signature
on the waiver with its certification statement constitutes acceptance of and commitment
to complete the final stabilization process. The operator must submit a waiver
certification to EPA prior to commencing construction activities.
    Note: The rainfall erosivity factor "R" is determined in accordance with Chapter 2 of
    Agriculture Handbook Number 703, Predicting Soil Erosion by Water: A Guide to
    Conservation Planning With the Revised Universal Soil Loss Equation (RUSLE),
    pages 21-64, dated January 1997; United States Department ofAgriculture (USDA),
    Agricultural Research Service.

EPA has developed an online rainfall erosivity calculator to help small construction sites
determine potential eligibility for the rainfall erosivity waiver.You can access the
calculator from EPA's website at: www.epa.govlnpdes/stormwater/lew. The R factor can
easily be calculated by using the construction site latitude/longitude or address and
estimated start and end dates of construction. This calculator may also be useful in
determining the time periods during which construction activity could be waived from
permit coverage. You may find that moving your construction activity by a few weeks or
expediting site stabilization will allow you to qualify for the waiver. Use this online
calculator or the Construction Rainfall Erosivity Waiver Fact Sheet




Small and Large Construction Activities                                                    D-1
                                                                               General Permit


(www.epa.gov/npdes/pubs/fact3-l.pdf) to assist in determining the R Factor for your
small construction site.

If you are the operator of the construction activity and eligible for a waiver based on low
erosivity potential, you may submit a rainfall erosivity waiver electronically via EPA's
eNOl system (www.epa.gov/npdes/eNOI) or provide the following information on the
waiver certification form in order to be waived from permitting requirements:
    1. Name, address and telephone number of the construction site operators;
    2. Name (or other identifier), address, county or similar governmental subdivision,
        and latitude/longitude of the construction project or site;
    3. Estimated construction start and completion (i.e., final stabilization) dates, and
        total acreage (to the nearest quarter acre) to be disturbed;
    4. The rainfall erosivity factor calculation that applies to the active construction
        phase at your project site; and
    5. A statement, signed and dated by an authorized representative as provided in
        Appendix G, Subsection 11, that certifies that the construction activity will take
        place during a period when the value of the rainfall erosivity factor is less than
        five.

You can access the waiver certification form from EPA's website at:
(http://www.epa.gov/npdes/pubs/construction waiver form.pdf). Paper copies of the
form must be sent to one of the addresses listed in Part D of this section.
    Note: If the Rfactor is 5 or greater, you cannot apply for the rainfall erosivity waiver,
    and must apply for permit coverage as per Subpart 2.1 of the construction general
    permit, unless you qualify for the Water Quality Waiver as described below.

If your small construction project continues beyond the projected completion date given
on the waiver certification, you must recalculate the rainfall erosivity factor for the new
project duration. If the R factor is below five (5), you must update all applicable
information on the waiver certification and retain a copy of the revised waiver as part of
the site SWPPP. The new waiver certification must be submitted prior to the projected
completion date listed on the original waiver form to assure your exemption from
permitting requirements is uninterrupted. If the new R factor is five (5) or above, you
must submit an NOI as per Part 2.

B. TMDL Waiver

This waiver is available if EPA has established or approved a TMDL that addresses the
pollutant(s) of concern and has determined that controls on stormwater discharges from
small construction activity are not needed to protect water quality. The pollutant(s) of
concern include sediment (such as total suspended solids, turbidity or siltation) and any
other pollutant that has been identified as a cause of impairment of any water body that
will receive a discharge from the construction activity. Information on TMDLs that have
been established or approved by EPA is available from EPA online at
http://www.epa.gov/owow/tmdll and from state and tribal water quality agencies.




Small and Large Construction Activities                                                  D-2
                                                                              General Permit


If you are the operator of the construction activity and eligible for a waiver based on
compliance with an EPA established or approved TMDL, you must provide the following
information on the Waiver Certification form in order to be waived from permitting
requirements:
    1. Name, address and telephone number of the construction site operator(s);
    2. Name (or other identifier), address, county or similar governmental subdivision,
        and latitude/longitude of the construction project or site;
    3. Estimated construction start and completion (i.e., final stabilization) dates, and
        total acreage (to the nearest quarter acre) to be disturbed;
    4. The name of the water body(s) that would be receiving stormwater discharges
        from your construction project;
    5. The name and approval date of the TMDL;
    6. A statement, signed and dated by an authorized representative as provided in
        Appendix G, Subsection 11, that certifies that the construction activity will take
        place and that the stormwater discharges will occur, within the drainage area
        addressed by the TMDL.

C. Equivalent Analysis Waiver

This waiver is available for non-impaired waters only. The operator can develop an
equivalent analysis that determines allocations for his small construction site for the
pollutant(s) of concern or determines that such allocations are not needed to protect water
quality. This waiver requires a small construction operator to develop an equivalent
analysis based on existing in-stream concentrations, expected growth in pollutant
concentrations from all sources, and a margin of safety.

If you are a construction operator who wants to use this waiver, you must develop your
equivalent analysis and provide the following information to be waived from permitting
requirements:

    1. Name, address and telephone number of the construction site operator(s);
    2. Name (or other identifier), address, county or similar governmental subdivision,
       and latitude/longitude of the construction project or site;
    3. Estimated construction start and completion (i.e., final stabilization) dates, and
       total acreage (to the nearest quarter acre) to be disturbed;
    4. The name of the water bodies that would be receiving stormwater discharges from
       your construction project;
    5. Your equivalent analysis;
    6. A statement, signed and dated by an authorized representative as provided in
       Appendix G, Subsection 11, that certifies that the construction activity will take
       place and that the stormwater discharges will occur, within the drainage area
       addressed by the equivalent analysis.

D. Waiver Deadlines and Submissions




Small and Large Construction Activities                                                D-3
                                                                             General Permit


    I. Waiver certifications must be submitted prior to commencement of construction
       activities.
    2. lfyou submit a TMDL or equivalent analysis waiver request, you are not waived
       until EPA approves your request. As such, you may not commence construction
       activities until receipt of approval from EPA.
    3. Late Notifications: Operators are not prohibited from submitting waiver
       certifications after initiating clearing, grading, excavation activities, or other
       construction activities. The Agency reserves the right to take enforcement for any
       unpermitted discharges that occur between the time construction commenced and
       waiver authorization is granted.

Submittal of a waiver certification is an optional alternative to obtaining permit coverage
for discharges of stormwater associated with small construction activity, provided you
qualify for the waiver. Any discharge of stormwater associated with small construction
activity not covered by either a permit or a waiver may be considered an unpermitted
discharge under the Clean Water Act. As mentioned above, EPA reserves the right to take
enforcement for any unpermitted discharges that occur between the time construction
commenced and either discharge authorization is granted or a complete and accurate
waiver certification is subIpitted. EPA may notify any operator covered by a waiver that
they must apply for a permit. EPA may notify any operator who has been in non-
compliance with a waiver that they may no longer use the waiver for future projects. Any
member of the public may petition EPA to take action under this provision by submitting
written notice along with supporting justification.

Complete and accurate Rainfall Erosivity waiver certifications not otherwise submitted
electronically via EPA's eNOl system (www.epa.gov/npdes/eNOI) must be sent to one of
the following addresses:

Regular U.S. Mail Delivery                       Overnight/Express Mail Delivery
EPA Stormwater Notice Processing                 EPA Stormwater Notice Processing
Center                                           Center
Mail Code 4203M                                  Room 7420
u.S. EPA                                         U.S. EPA
1200 Pennsylvania Avenue, NW                     120 1Constitution Avenue, NW
Washington, DC 20460                             Washington, DC 20004

Complete and accurate TMDL or equivalent analysis waiver requests must be sent to the
applicable EPA Region office specified in Appendix B.




Small and Large Construction Activities                                                D-4
                                                                             General Permit


Appendix E - Notice of Intent Form and Instructions
From the effective date of this permit, operators are to use the Notice ofIntent Form
contained in this Appendix to obtain permit coverage.




Small and Large Construction Activities                                                 £-/
          This Form Replaces Form 3510-9 (8-98)                                            Form Approved OMB Nos. 2040-0188 and 2040-0211
          Refer to the Following Pages for Instructions

                                                                             United States Environmental Protection Agency
      NPDES
      FORM            &EPA                                                               Washington, DC 20460
                                                                Notice of Intent (NOI) for Storm Water Discharges Associated with
                                                                      Construction Activity Under an NPDES General Permit
  Submission of this Notice of Intent (NOI) constitutes notice that the party identified in Section II of this form requests authorization to
  discharge pursuant to the NPDES Construction General Permit (CGP) permit number identified in Section I of this form. Submission of this
  NOI also constitutes notice that the party identified in Section II of this form meets the eligibility requirements of the CGP for the project
  identified in Section III of this form. Permit coverage is required prior to commencement of construction activity until you are eligible to
  terminate coverage as detailed in the CGP. To obtain authorization, you must submit a complete and accurate NOI form. Refer to the
  instructions at the end of this form.




  Name:    IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
  IRS Employer Identification Number (EIN): W IIIIIIII
  Mailing Address:

  Street:     IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
  City:       IIIIIIIIIIIIIIIIIIIIIIIIIII   State: W                                                               Zip Code:    I I I I I I-I I I I I
  Phone:      U1J-WJ-1 I I I I
  E-mail:




  Project/Site Name:       IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
  Project Street/Location:  IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
                     I I I I I I I I I I I I I I I I I I I I I I I I I I I State: W                                  Zip Code:   I I I I I I-I I I I I
                                            I I I I II I I I I I I I I I I I I I I
                       (Use one of three possible formats, and specify method)

     Latitude 1. _ _   0   __'   _ _"   N (degrees, minutes, seconds)            Longitude 1.                      "W (degrees, minutes, seconds)
               2. _ _ _ _         _. N (degrees, minutes, decimal)                         2.                      ' W (degrees, minutes, decimal)
               3.                   ° N ( degrees decimal)                                 3. _ _ _. _ _ _ _ 0 W (degrees decimal)

    Method:    0    U.S.G.S. topographic map             o   EPA web site       OGPS            o   Other:

                If you used a U.S.G.S. topographic map, what was the scale?


 Project located in Indian Country?     0   YES     0    NO

                If yes, name of reservation, or if not part of a reservation, put "Not Applicab,e:" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


 Estimated Project Start Date:     W 1W             II   IIII               Estimated Project Completion Date:   W IW II I I I I
                                   Month      Day        Year                                                    Month    Day       Year

 Estimated Area to be Disturbed (to the nearest quarter acre):          IIIII.W

EPA FORM 3510-9 (Rev. 11/2008)                                                                                                                       Page 1 of 4
  Has the SWPPP been prepared in advance of filing this NOI?        0   YES    0   NO

  Location of SWPP for Viewing:             0   Address in Section II     0   Address in Section III      0   Other
  If other:

   SWPPP Street:      I I I I I I I I I I I I I I I I I I I I I I I I 1I I 1I 1I I
                City: I 1I I I I I I I I I I 111I I I 11I I I I I I I State: W                                      Zip Code:   I 1I I I I-I I I I I
  SWPPP Contact Information (if different than that in Section II):


                Name:   I 1I I I I 1I 1I I 1I I 1I I 11I I I I I I 1I 1I I I I
                                       I I I I Fax (optional): UlJ -UJJ -I 1111


  Identify the name(s) of waterbodies to which you discharge. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __



 Is this discharge consistent with the assumptions and requirements of applicable EPA approved or established TMDL(s)?           0   YES   0   NO




        which criterion of the permit have you satisfied your ESA eligibility obligations?
                OA        OB        Oc          00        OEOF
       If you select criterion F, provide permit tracking number of operator under which you are certifying eligibility:




           under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a
          designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the
 person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted
 is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
 information, including the possibility of fine and imprisonment for knowing violations.



           1I I 1I 11I I I I I 1I I I 11I I 111I I I I I I I I I
       Name:

        111111111111111111111111111 1111
 Signature: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __                                        Date:   IIIIIII
 E-mail: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


 NOt Preparer (Complete if NOt was prepared by someone other than the certifier)

 Prepared by: I I I I I I II I I I I I I I I I I I I I I I !I I I I !I I
 Organization: I I I 1I 1I I I I I 1I I I I I 1111I I I 1I 1I I I I I

 Phone: UJJ -     UlJ-1 I I I I Ext. UlJ E-mail:_ _ _ _ _ _ _ _ _ _ _ __




EPA FORM 3510-9 (Rev. 11/2008)                                                                                                                  Page 20f4
                                               Instructions for Completing EPA Form 3510-9
                                 Notice of Intent (NOI) for Storm Water Discharges Associated with
                                       Construction Activity Under an NPDES General Permit
    NPDES Form Date            This Form Replaces Form 3510-9 (8/98)           Form Approved OMB Nos. 2040-0188 and 2040-0211




 Who Must File an NOI Form                                             IRS), also commonly referred to as your taxpayer ID. If the
 Under the provisions of the Clean Water Act, as amended (33           applicant does not have an EIN enter UNA" in the space
 U.S.C. 1251 et. seq.; the Act), federal law prohibits storm           provided. Also provide the operator's mailing address,
 water discharges from certain construction activities to waters       telephone number, fax number (optional) and e-mail address
 of the U.S. unless that discharge is covered under a National         (to be notified via e-mail of NOI approval when available).
 Pollutant Discharge Elimination System (NPDES) Permit.                Correspondence for the NOI will be sent to this address.
 Operator(s) of construction sites where one or more acres are
 disturbed, smaller sites that are part of a larger common plan        Section III. Project/Site Information
 of development or sale where there is a cumulative                    Enter the official or legal name and complete street address,
 disturbance of at least one acre, or any other site specifically      including city, state, zip code, and county or similar
 designated by the Director, must submit an NOI to obtain              government subdivision of the project or site. If the project or
 coverage under an NPDES general permit. Each person, firm,            site lacks a street address, indicate the general location of the
 public organization, or any other entity that meets either of the     site (e.g., Intersection of State Highways 61 and 34).
 following criteria must file this form: (1) they have operational     Complete site information must be provided for permit
 control over construction plans and specifications, including         coverage to be granted.
 the ability to make modifications to those plans and                  The applicant must also provide the latitude and longitude of
 specifications; or (2) they have day-to-day operational control       the facility either in degrees, minutes, seconds; degrees,
 of those activities at the project necessary to ensure                minutes, decimal; or decimal format. The latitude and longitude
 compliance with SWPPP requirements or other permit                    of your facility can be determined in several different ways,
 conditions. If you have questions about whether you need an           including through the use of global positioning system (GPS)
 NPDES storm water permit, or if you need information to               receivers, U.S. Geological Survey (U.S.G.S.) topographic or
 determine whether EPA or your state agency is the permitting          quadrangle maps, and EPA's web-based siting tools, among
 authority, refer to www.epa.govlnpdes/stormwater/cgp or               others. Refer to www.epa.govlnpdes/stormwater!cgp for further
 telephone the Storm Water Notice Processing Center at (866)           guidance on the use of these methodologies. For consistency,
  352-7755.                                                            EPA requests that measurements be taken from the
                                                                       approximate center of the construction site. Applicants must
 Where to File NOI Form                                                specify which method they used to determine latitude and
 See the applicable CGP for information on where to send your          longitude. If a U.S.G.S. topographic map is used, applicants are
 completed NOI form.                                                   required to specify the scale of the map used.

 Completing the Form                                                   Indicate whether the project is in Indian country, and if so,
 Obtain and read a copy of the appropriate EPA Storm Water             provide the name of the Reservation. If the project is in Indian
 Construction General Permit for your area. To complete this           Country Lands that are not part of a Reservation, indicate "not
 form, type or print uppercase letters, in the appropriate areas       applicable" in the space provided.
 only. Please place each character between the marks                   Enter the estimated construction start and completion dates
 (abbreviate if necessary to stay within the number of                 using four digits for the year (Le., OS/27/1998). Enter the
 characters allowed for each item). Use one space for breaks           estimated area to be disturbed including but not limited to:
 between words, but not for punctuation marks unless they are          grubbing, excavation, grading, and utilities and infrastructure
 needed to clarify your response. If you have any questions on         installation. Indicate to the nearest quarter acre. Note: 1 acre
 this form, refer to www.epa.govlnpdes/stormwater/cgp or
                                                                       = 43,560 sq. ft.
 telephone the Storm Water Notice Processing Center at (866)
 352-7755. Please submit original document with signature in           Section IV. SWPPP Information
 ink. do not send a photocopied signature.                             Indicate whether or not the SWPPP was prepared in advance
                                                                       of filing the NOI form. Check the appropriate box for the
 Section I. Permit Number                                              location where the SWPPP may be viewed. Provide the
 Provide the number of the permit under which you are                  name, fax number (optional), and e-mail address of the
 applying for coverage (see Appendix B of the general permit           contact person if different than that listed in Section II of the
 for the list of eligible permit numbers).                             NOI form.
 Section II. Operator Information                                      Section V. Discharge Information
 Provide the legal name of the person, firm, public                    Enter the name(s) of receiving waterbodies to which the
 organization, or any other entity that operates the project           project's storm water will discharge. These should be the first
 described in this application. An operator of a project is a legal    bodies of water that the discharge will reach. (Note: If you
 entity that controls at least a- portion of site operations and is    discharge to more than one waterbody, please indicate all
 not necessarily the site manager. Provide the employer                such waters in the space provided and attach a separate
 identification number (EIN from the Internal Revenue Service;         sheet if necessary.) For example, if the discharge leaves your




EPA FORM 3510-9 (Rev. 11/2008)                                                                                                Page 30f4
                                             Instructions for Completing EPA Form 3510-9
                                 Notice of Intent (NOI) for Storm Water Discharges Associated with
                                       Construction Activity Under an NPDES General Permit
    NPDES Form Date          This Form Replaces Form 3510-9 (8/98)          Form Approved OMB Nos. 2040-0188 and 2040-0211


 site and travels through a roadside swale or a storm sewer          delegated to the manager in accordance with corporate
 and then enters a stream that flows to a river, the stream          procedures.
 would be the receiving waterbody. Waters of the U.S. include
 lakes, streams, creeks, rivers, wetlands, impoundments,             For a partnership or sole proprietorship: By a general partner
 estuaries, bays, oceans, and other surface bodies. of water         or the proprietor, respectively; or
 within the confines of the U.S. and U.S. coastal waters.            For a municipality, state, federal, or other public agency: By
 Waters of the U.S. do not include man-made structures               either a principal executive officer or ranking elected official.
 created solely for the purpose of wastewater treatment. U.S.        For purposes of this Part, a principal executive officer of a
 Geological Survey topographical maps may be used to make            federal agency includes (i) the chief executive officer of the
 this determination. If the map does not provide a name, use a       agency, or (ii) a senior executive officer having responsibility
 format such as "unnamed tributary to Cross Creek". If you           for the overall operations of a principal geographic unit of the
 discharge into a municipal separate storm sewer system              agency (e.g., Regional Administrator of EPA).
 (MS4), you must identify the waterbody into which that portion
 of the storm sewer discharges. That information should be           Include the name, title, and email address of the person
 readily available from the operator of the MS4.                     signing the form and the date of signing. An unsigned or
                                                                     undated NOI form will not be considered eligible for permit
 Indicate whether your storm water discharges from                   coverage. If the NOI was prepared by someone other than the
 construction activities will be consistent with the assumptions     certifier (for example, -if the NOI was prepared by the facility
 and requirements of applicable EPA approved or established          SWPPP contact or a consultant for the certifier's signature),
 TMDL(s).      To      answer     this   question,     refer  to     include the name, organization, phone number and email
 www.epa.qov/npdes/stormwater/cgp for state- and regional-           address of the NOI pre parer.
 specific TMDL information related to the construction general
 permit. You may also have to contact your EPA regional office       Paperwork Reduction Act Notice
 or state agency. If there are no applicable TMDLs or no             Public reporting burden for this application is estimated to
 related requirements, please check the "yes" box in the NOI         average 3.7 hours. This estimate includes time for reviewing
 form.                                                               instructions, searching existing data sources, gathering and
                                                                     maintaining the data needed, and completing and reviewing
 Section VI. Endangered Species Information                          the collection of information. An agency may not conduct or
 Indicate for which criterion (Le., A. B, C, D, E, or F) of the      sponsor, and a person is not required to respond to, a
 permit the applicant is eligible with regard to protection of       collection of information unless it displays a currently valid
 federally listed endangered and threatened species, and             OMB control number. Send comments regarding the burden
 designated critical habitat. See Part 1.3.C.6 and Appendix C        estimate, any other aspect of the collection of information, or
 of the permit. If you select criterion F, provide the permit        suggestions for improving this form, including any suggestions
 tracking number of the operator under which you are certifying      which may increase or reduce this burden to: Chief,
 eligibility. The permit tracking number is the number assigned      Information Policy Branch 2136, U.S. Environmental
 to the operator by the Storm Water Notice Processing Center         Protection, Agency, 1200 Pennsylvania Avenue, NW,
 after EPA acceptance of a complete NOI.                             Washington, D.C. 20460. Include the OMB control number on
                                                                     any correspondence. Do not send the completed form to this
 Section VII. Certification Information                              address.
 All applications, including NOls, must be signed as follows:
 For a corporation: By a responsible corporate officer. For the      Visit this website for mailing instructions:
 purpose of this Section, a responsible corporate officer            www.epa.gov/npdes/stormwater/mail
 means:
                                                                     Visit this website for instructions on how to submit
 (i) a president, secretary, treasurer, or vice-president of the
 corporation in charge of a principal business function, or any      electronically:
 other person who performs similar policy- or decision-making        www.epa.gov/npdes/stormwater/enoi
 functions for the corporation, or (ii) the manager of one or
 more manufacturing, production, or operating facilities,
 provided, the manager is authorized to make management
 decisions which govern the operation of the regulated facility
 including having the explicit or implicit duty of making major
 capital investment recommendations, and initiating and
 directing other comprehensive measures to assure long-term
 environmental compliance with environmental laws and
 regulations; the manager can ensure that the necessary
 systems are established or actions taken to gather complete
 and accurate information for permit application requirements;
 and where authority to sign documents has been assigned or




EPA FORM 3510-9 (Rev. 11/2008)                                                                                              Page 4 of4
                                                                             General Permit


Appendix F - Notice of Termination Form and Instructions
From the effective date of this permit, operators are to use the Notice of Termination
Form contained in this Appendix to terminate permit coverage.




Small and Large Construction Activities                                                  F-1
        This Form Replaces Form 3517-7 (8-98)                                           Form Approved OMS Nos. 2040-0086 and 2040-0211
        Refer to the Following Page for Instructions
                                                                         United States Environmental Protection Agency
    NPDES
        FORM       !&EPA                                                             Washington, DC 20460
                                                    Notice of Termination (NOT) of Coverage Under an NPDES General Permit for
                                                           Stormwater Discharges Associated with Construction Activity
Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form is no longer authorized to
discharge stormwater associated with construction activity under the NPDES program from the site identified in Section III of this form. All
necessary information must be included on this form. Refer to the instructions at the end of this form.



NPDES Stormwater General Permit Tracking Number:               1111111111
Reason for Termination (Check only one):

    D      Final stabilization has been achieved on all portions of the site for which you are responsible.

    D      Another operator has assumed control, according to Appendix G, Section 11.C of the CGP, over all areas of the site that have not been
           finally stabilized.

    D      Coverage under an altemative NPDES permit has been obtained.

    D      For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner.




Name:    IIIIIIIIIIIIIIIIIIIIIIIt IIIIIIII
IRS Employer Identification Number (EIN): W -IIIIIIII
Mailing Address:

Street:

City:                                                                                          State:   W     Zip Code:   I I I I I I-I I I I I
Phone:

E-mail:




Project/Site Name:     IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Project Street/Location:   IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
City:      IIIIIIIIIIIIIIIIIIIIIIIIIII                    State: W Zip Code: I I I I I I-I I I I I

County or similar government subdivision: IIIIIIIIIIIIIIIIIIII

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is,
   the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations.

Print Name: ________~-------------------------------------------------------------------------------
Print Title: ______________________________________________________________.____________________________

Email:



Date: _____________________________________________________________________________________________


EPA Form 3510-13 (Rev. 12/08)                                                                                                         Page 1 of2
                                                    Instructions for Completing EPA Form 3510-13
                              Notice of Termination (NOT) of Coverage Under an NPDES General Permit for
                                     Stormwater Discharges Associated with Construction Activity
     NPDES Form                      This Form Replaces Form 3517-7 (8-98)                   Form Approved OMB Nos. 2040-0086 and 2040-0211


  Who May File an NOT Form                                                        complete mailing address, telephone number, and email address of
  Permittees who are presently covered under the EPA-issued National              the operator. Optional: enter the fax number of the operator.
  Pollutant Discharge Elimination System (NPDES) General Permit for
  Stormwater Discharges Associated with Construction Activity may                 Section III. Project/Site Information
  submit an NOT form when final stabilization has been achieved on all            Enter the official or legal name and complete street address,
  portions of the site for which you are responsible; another operator has        including city, state, zip code, and county or similar government
  assumed control in accordance with Appendix G, Section 11.C of the              subdivision of the project or site. If the project or site lacks a street
  General Permit over all areas of the site that have not been finally            address, indicate the general location of the site (e.g., Intersection of
  stabilized; coverage under an alternative NPDES permit has been                 State Highways 61 and 34). Complete site information must be
  obtained; or for residential construction only, temporary stabilization         provided for termination of permit coverage to be valid.
  has been completed and the residence has been transferred to the
  homeowner.                                                                      Section IV. Certification Information
                                                                                  All applications, including NOls, must be signed as follows:
  "Final stabilization" means that all soil disturbing activities at the site
                                                                                  For a corporation: By a responsible corporate officer. For the
  have been completed and that a uniform perennial vegetative cover
                                                                                  purpose of this Part, a responsible corporate officer means: (i) a
  with a denSity of at least 70% of the native background vegetative
                                                                                  president, secretary, treasurer, or vice-president of the corporation in
  cover for the area has been established on all unpaved areas and
                                                                                  charge of a principal business function, or any other person who
  areas not covered by permanent structures, or equivalent permanent
                                                                                  performs similar policy-or decision-making functions for the
  stabilization measures (such as the use of riprap, gabions, or
                                                                                  corporation, or (ii) the manager of one or more manufacturing,
  geotextiles) have been employed. See "final stabilization" definition in
                                                                                  production, or operating facilities, provided, the manager is
  Appendix A of the Construction General Permit for further guidance
                                                                                  authorized to make management decisions which govern the
  where background native vegetation covers less than 100 percent of
                                                                                  operation of the regulated facility including having the explicit or
  the ground, in arid or semi-arid areas, for individual lots in residential
                                                                                  implicit duty of making major capital investment recommendations,
  construction, and for construction projects on land used for agricultural
                                                                                  and initiating and directing other comprehensive measures to assure
  purposes.
                                                                                  long-term environmental compliance with environmental laws and
                                                                                  regulations; the manager can ensure that the necessary systems are
  Completing the Form                                                             established or actions taken to gather complete and accurate
  Type or print, using uppercase letters, in the appropriate areas only.          information for permit application requirements; and where authority
  Please place each character between the marks. Abbreviate if
                                                                                  to sign documents has been assigned or delegated to the manager
  necessary to stay within the number of characters allowed for each
                                                                                  in accordance with corporate procedures.
  item. Use only one space for breaks between words, but not for
  punctuation marks unless they are needed to clarify your response. If           For a partnership or sole proprietorship: By a general partner or the
  you have any questions about this form, refer to                                proprietor, respectively; or
  www.epa.govlnpdes/stormwaterlcgp or telephone the Stormwater
  Notice Processing Center at (866) 352-7755. Please submit original              For a municipality, state, federal, or other public agency: By either a
  document with signature in ink - do not send a photocopied signature.           principal executive officer or ranking elected official. For purposes of
                                                                                  this Part, a principal executive officer of a federal agency includes
  Section I. Permit Number                                                        (i) the chief executive officer of the agency, or (ii) a senior executive
  Enter the existing NPDES Stormwater General Permit Tracking                     officer having responsibility for the overall operations of a principal
  Number assigned to the project by EPA's Stormwater Notice                       geographic unit of the agency (e.g., Regional Administrator of EPA).
  Processing Center. If you do not know the permit tracking number,               Include the name, title, and email address of the person signing the
  refer to www.epa.govlnpdes/stormwaterlcgp or contact the Stormwater             form and the date of signing. An unsigned or undated NOT form will
  Notice Processing Center at (866) 352-7755.                                     not be considered valid termination of permit coverage.
  Indicate your reason for submitting this Notice of Termination by
  checking the appropriate box. Check only one:                                   Paperwork Reduction Act Notice
                                                                                  Public reporting burden for this application is estimated to average
      Final stabilization has been achieved on all portions ofthe site for        0.5 hours per notice, including time for reviewing instructions,
      which you are responsible.                                                  searching existing data sources, gathering and maintaining the data
                                                                                  needed, and completing and reviewing the collection of information.
      Another operator has assumed control according to Appendix G,
                                                                                  An agency may not conduct or sponsor, and a person is not required
      Section 11. C over all areas of the site that have not been finally
                                                                                  to respond to, a collection of information unless it displays a
      stabilized.
                                                                                  currently valid OMB control number. Send comments regarding the
      Coverage under an alternative NPDES permit has been obtained.               burden estimate, any other aspect of the collection of information, or
                                                                                  suggestions for improving this form including any suggestions which
      For residential construction only, if temporary stabilization has           may increase or reduce this burden to: Chief, Information Policy
      been completed and the residence has been transferred to the                Branch, 2136, U.S. Environmental Protection Agency, 1200
      homeowner.                                                                  Pennsylvania Avenue, NW, Washington, DC 20460. Include the
                                                                                  OMB number on any correspondence. Do not send the completed
  Section II. Operator Information                                                form to this address.
  Provide the legal name of the person, firm, public organization, or any
  other entity that operates the project described in this application and is     Visit this website for mailing instruction:
  covered by the permit tracking number identified in Section I. The              www.epa.govlnpdeslstormwaterlmail
  operator of the project is the legal entity that controls the site operation,   Visit this website for instructions on how to submit electronically:
  rather than the site manager. Provide the employer identification               www.epa.govlnpdeslstormwaterlenoi
  number (EIN from the Internal Revenue Service; IRS). If the applicant
  does not have an EIN enter "NA" in the space provided. Enter the



EPA Form 3510-13 (Rev. 12108)                                                                                                                Page 2of2
                                                                            General Permit


Appendix G - Standard Permit Conditions
STANDARD PERMIT CONDITIONS
1. Duty To Comply
You must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or for denial of a permit
renewal application.
A. You must comply with effluent standards or prohibitions established under section
   307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
    sludge use or disposal established under section 405( d) of the CWA within the time
   provided in the regulations that establish these standards or prohibitions or standards
   for sewage sludge use or disposal, even if the permit has not yet been modified to
   incorporate the requirement.
B. The Clean Water Act provides that any person who violates section 301, 302, 306,
   307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing
   any such sections in a permit issued under section 402, or any requirement imposed in
   a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
   subject to a civil penalty not to exceed the maximum amounts authorized by Section
   309(d) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28 U.S.C.
    §2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §3701
   note) (currently $27,500 per day for each violation).
   The Clean Water Act provides that any person who negligently violates sections 301,
   302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation
   implementing any of such sections in a permit issued under section 402 of the Act, or
   any requirement imposed in a pretreatment program approved under section 402(a)(3)
   or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day
   of violation, or imprisonment of not more than 1 year, or both. In the case of a second
   or subsequent conviction for a negligent violation, a person shall be subject to
   criminal penalties of not more than $50,000 per day of violation, or by imprisonment
   of not more than 2 years, or both. Any person who knowingly violates such sections,
   or such conditions or limitations is subject to criminal penalties of$5,000 to $50,000
   per day of violation, or imprisonment for not more than 3 years, or both. In the case
   of a second or subsequent conviction for a knowing violation, a person shall be
   subject to criminal penalties of not more than $100,000 per day of violation, or
   imprisonment of not more than 6 years, or both. Any person who knowingly violates
   section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition
   or limitation implementing any of such sections in a permit issued under section 402
   of the Act, and who knows at that time that he thereby places another person in
   imminent danger of death or serious bodily injury, shall, upon conviction, be subject
   to a fine of not more than $250,000 or imprisonment of not more than 15 years, or
   both. In the case of a second or subsequent conviction for a knowing endangerment
   violation, a person shall be subject to a fine of not more than $500,000 or by
   imprisonment of not more than 30 years, or both. An organization, as defined in
   section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the
   imminent danger provision, be subject to a fine of not more than $1,000,000 and can
   be fined up to $2,000,000 for second or subsequent convictions.



Small and Large Construction Activities                                               G-l
                                                                             General Permit


C. Any person may be assessed an administrative penalty by the Administrator for
     violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit
     condition or limitation implementing any of such sections in a permit issued under
     section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative
     penalties for Class I violations are not to exceed the maximum amounts authorized by
     Section 309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment
     Act (28 U.S.C. §2461 note) as amended by the Debt Collection Improvement Act (31
     U.S.c. §3701 note) (currently $11,000 per violation, with the maximum amount of
     any Class I penalty assessed not to exceed $27,500). Pursuant to 40 CFR Part 19 and
     the Act, penalties for Class II violations are not to exceed the maximum amounts
     authorized by Section 309(g)(2)(B) ofthe Act and the Federal Civil Penalties
    Inflation Adjustment Act (28 U.S.c. §2461 note) as amended by the Debt Collection
     Improvement Act (31 U.S.C. §3701 note) (currently $11,000 per day for each day
     during which the violation continues, with the maximum amount of any Class II
    penalty not to exceed $137,500).
2. Duty to Reapply
If you wish to continue an activity regulated by this permit after the expiration date of
this permit, you must apply for and obtain a new permit.
3. Need to Halt or Reduce Activity Not a Defense
It shall not be a defense for you in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
4. Duty to Mitigate
You must take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment. .
5. Proper Operation and Maintenance
You must at all times properly operate and maintain all facilities and systems of treatment
and control (and related appurtenances) which are installed or used by you to achieve
compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This
provision requires the operation of backup or auxiliary facilities or similar systems which
are installed by you only when the operation is necessary to achieve compliance with the
conditions of this permit.
6. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. Your filing
of a request for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit
condition.
7. Property Rights
This permit does not convey any property rights of any sort, or any exclusive privileges.
8. Duty to Provide Information
You must furnish to EPA, within a reasonable time, any information which EPA may
request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. You must also
furnish to EPA upon request, copies of records required to be kept by this permit.



Small and Large Construction Activities                                                G-2
                                                                                General Permit


9. Inspection and Entry
You must allow EPA, or an authorized representative (including an authorized contractor
acting as a representative of the Administrator), upon presentation of credentials and
other documents as may be required by law, to:
A. Enter upon your premises where a regulated facility or activity is located or
    conducted, or where records must be kept under the conditions of this permit;
B. Have access to and copy, at reasonable times, any records that must be kept under the
    conditions of this permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
    control equipment), practices, or operations regulated or required under this permit;
    and
D. Sample or monitor at reasonable times, for the purposes of assuring permit
    compliance or as otherwise authorized by the Clean Water Act, any substances or
    parameters at any location.
10. Monitoring and Records
A. Samples and measurements taken for the purpose of monitoring must be
    representative of the monitored activity.
B. You must retain records of all monitoring information, including all calibration and
    maintenance records and all original strip chart recordings for continuous monitoring
    instrumentation, copies of all reports required by this permit, and records of all data
    used to complete the application for this permit, for a period of at least 3 years from
    the date of the sample, measurement, report or application. This period may be
    extended by request of EPA at any time.
C. Records of monitoring information must include:
    1. The date, exact place, and time of sampling or measurements;
    2. The individual(s) who performed the sampling or measurements;
    3. The date(s) analyses were performed
    4. The individual(s) who performed the analyses;
    5. The analytical techniques or methods used; and
    6. The results of such analyses.
D. Monitoring results must be conducted according to test procedures approved under 40
    CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part
    136 unless otherwise specified in 40 CFR Part 503, unless other test procedures have
    been specified in the permit.
E. The Clean Water Act provides that any person who falsifies, tampers with, or
    knowingly renders inaccurate any monitoring device or method required to be
    maintained under this permit shall, upon conviction, be punished by a fine of not
    more than $10,000, or by imprisonment for not more than 2 years, or both. If a
    conviction of a person is for a violation committed after a first conviction of such
    person under this paragraph, punishment is a fine of not more than $20,000 per day of
    violation, or by imprisonment of not more than 4 years, or both.
11. Signatory Requirements
A. All applications, including NOIs, must be signed as follows:
    1. F or a corporation: By a responsible corporate officer. For the purpose of this Part,
        a responsible corporate officer means: (i) a president, secretary, treasurer, or vice-
        president Of the corporation in charge of a principal business function, or any



Small and Large Construction Activities                                                   G-3
                                                                                  General Permit


         other person who performs similar policy- or decision-making functions for the
         corporation, or (ii) the manager of one or more manufacturing, production, or
         operating facilities, provided, the manager is authorized to make management
         decisions which govern the operation of the regulated facility including having
         the explicit or implicit duty of making major capital investment
         recommendations, and initiating and directing other comprehensive measures to
         assure long term environmental compliance with environmental laws and
         regulations; the manager can ensure that the necessary systems are established or
         actions taken to gather complete and accurate information for permit application
         requirements; and where authority to sign documents has been assigned or
         delegated to the manager in accordance with corporate procedures.
     2. For a partnership or sole proprietorship: By a general partner or the proprietor,
         respectively; or
     3. For a municipality, state, federal, or other public agency: By either a principal
         executive officer or ranking elected official. For purposes of this Part, a principal
         executive officer of a federal agency includes (i) the chief executive officer of the
         agency, or (ii) a senior executive officer having responsibility for the overall
         operations ofa principal geographic unit of the agency (e.g., Regional
         Administrator of EPA).
  B. All reports required by this permit, including SWPPPs, must be signed by a person
     described in Appendix G, Subsection II.A above or by a duly authorized
     representative of that person. A person is a duly authorized representative only if:
     1. The authorization is made in writing by a person described in Appendix G,
         Subsection II.A;
     2. The authorization specifies either an individual or a position having responsibility
         for the overall operation of the regulated facility or activity such as the position of
         plant manager, operator of a well or a well field, superintendent, position of
         equivalent responsibility, or an individual or position having overall responsibility
         for environmental matters for the company. (A duly authorized representative
         may thus be either a named individual or any individual occupying a named
         position); and
     3. The signed and dated written authorization is included in the SWPPP. A copy
         must be submitted to EPA, if requested.
. C. Changes to Authorization. If an authorization under Part 2.1 is no longer accurate
     because a different operator has responsibility for the overall operation of the
     construction site, a new NOI satisfying the requirements of Part 2.1 must be
     submitted to EPA prior to or together with any reports, information, or applications to
     be signed by an authorized representative. The change in authorization must be
     submitted within the time frame specified in Part 2.4, and sent to the address specified
     in Part 2.2.
  D. Any person signing documents required under the terms of this permit must include
     the following certification:
     "I certify under penalty of law that this document and all attachments were prepared
     under my direction or supervision in accordance with a system designed to assure that
     qualified personnel properly gathered and evaluated the information submitted. Based
     on my inquiry of the person or persons who manage the system, or those persons



  Small and Large Construction Activities                                                   G-4
                                                                              General Permit


    directly responsible for gathering the information, the information submitted is, to the
    best of my knowledge and belief, true, accurate, and complete. I am aware that there
    are significant penalties for submitting false information, including the possibility of
    fine and imprisonment for knowing violations."
E. The CWA provides that any person who knowingly makes any false statement,
    representation, or certification in any record or other document submitted or required
    to be maintained under this permit, including monitoring reports or reports of
    compliance or non-compliance shall, upon conviction, be punished by a fine of not
    more than $10,000 per violation, or by imprisonment for not more than 6 months per
    violation, or by both.
12. Reporting Requirements
A. Planned changes. You must give notice to EPA as soon as possible of any planned
    physical alterations or additions to the permitted facility. Notice is required only
    when:
    1. The alteration or addition to a permitted facility may meet one of the criteria for
        determining whether a facility is a new source in 40 CFR §122.29(b); or
    2. The alteration or addition could significantly change the nature or increase the
        quantity of pollutants discharged. This notification applies to pollutants which are
        subject neither to effluent limitations in the permit, nor to notification
        requirements under 40 CFR §122.42(a)(1).
B. Anticipated noncompliance. You must give advance notice to EPA of any planned
    changes in the permitted facility or activity which may result in noncompliance with
    permit requirements.
C. Transfers. This permit is not transferable to any person except after notice to EPA.
    EPA may require modification or revocation and reissuance of the permit to change
    the name of the permittee and incorporate such other requirements as may be
    necessary under the Clean Water Act. (See 40 CFR §122.61; in some cases,
    modification or revocation and reissuance is mandatory.)
D. Monitoring reports. Monitoring results must be reported at the intervals specified
    elsewhere in this permit.
    1. Monitoring results must be reported on a Discharge Monitoring Report (DMR) or
        forms provided or specified by EPA for reporting results of monitoring of sludge
        use or disposal practices.
    2. If you monitor any pollutant more frequently than required by the permit using
        test procedures approved under 40 CFR Part 136 or, in the case of sludge use or
        disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR
        Part 503, or as specified in the permit, the results of this monitoring must be
        included in the calculation and reporting of the data submitted in the DMR or
        sludge reporting form specified by EPA.
    3. Calculations for all limitations which require averaging of measurements must use
        an arithmetic mean.
E. Compliance schedules. Reports of compliance or noncompliance with, or any
   progress reports on, interim and final requirements contained in any compliance
   schedule of this permit must be submitted no later than 14 days following each
    schedule date.
F. Twenty-four hour reporting.



Small and Large Construction Activities                                                 G-5
                                                                             General Permit


    1. You must report any noncompliance which may endanger health or the
         environment. Any information must be provided orally within 24 hours from the
         time you become aware of the circumstances. A written submission must also be
         provided within five days of the time you become aware of the circumstances.
         The written submission must contain a description of the noncompliance and its
        cause; the period of noncompliance, including exact dates and times, and if the
        noncompliance has not been corrected, the anticipated time it is expected to
        continue; and steps taken or planned to reduce, eliminate, and prevent
        reoccurrence of the noncompliance.
    2. The following shall be included as information which must be reported within 24
        hours under this paragraph.
        a. Any unanticipated bypass which exceeds any effluent limitation in the permit.
             (See 40 CFR §122.41(g).)
        b. Any upset which exceeds any effluent limitation in the permit
        c. Violation of a maximum daily discharge limitation for any of the pollutants
             listed by EPA in the permit to be reported within 24 hours. (See 40 CFR
             §122.44(g).)
    13. EPA may waive the written report on a case-by-case basis for reports under
        Appendix G, Subsection 12.F.2 if the oral report has been received within 24
        hours.
G. Other noncompliance. You must report all instances of noncompliance not reported
    under Appendix G, Subsections 12.0, 12.E, and 12.F, at the time monitoring reports
    are submitted. The reports must contain the information listed in Appendix G,
    Subsection 12.F.
H. Other information. Where you become aware that you failed to submit any relevant
    facts in a permit application, or submitted incorrect information in a permit
    application or in any report to the Permitting Authority, you must promptly submit
    such facts or information.
13. Bypass
A. Definitions.
    1. Bypass means the intentional diversion of waste streams from any portion of a
        treatment facility
    2. Severe property damage means substantial physical damage to property, damage
        to the treatment facilities which causes them to become inoperable, or substantial
        and permanent loss of natural resources which can reasonably be expected to
        occur in the absence of a bypass. Severe property damage does not mean
        economic loss caused by delays in production.
B. Bypass not exceeding limitations. You may allow any bypass to occur which does not
    cause effluent limitations to be exceeded, but only if it also is for essential
    maintenance to assure efficient operation. These bypasses are not subject to the
    provisions of Appendix G, Subsections 13.C and 13.0.
C. Notice-
    1. Anticipated bypass. If you know in advance of the need for a bypass, you must
        submit prior notice, if possible at least ten days before the date of the bypass.
    2. Unanticipated bypass. You must submit notice of an unanticipated bypass as
        required in Appendix G, Subsection 12.F (24-hour notice).



Small and Large Construction Activities                                                G-6
                                                                             General Permit


D. Prohibition of bypass.
     1. Bypass is prohibited, and EPA may take enforcement action against you for
        bypass, unless:
        a. Bypass was unavoidable to prevent loss oflife, personal injury, or severe
            property damage;
        b. There were no feasible alternatives to the bypass, such as the use of auxiliary
            treatment facilities, retention of untreated wastes, or maintenance during
            normal periods of equipment downtime. This condition is not satisfied if
            adequate back-up equipment should have been installed in the exercise of
            reasonable engineering judgment to prevent a bypass which occurred during
            normal periods of equipment downtime or preventive maintenance; and
        c. You submitted notices as required under Appendix G, Subsection B.C.
    2. EPA may approve an anticipated bypass, after considering its adverse effects, if
        EPA determines that it will meet the three conditions listed above in Appendix G,
        Subsection B.D. 1.
14. Upset
A. Definition. Upset means an exceptional incident in which there is unintentional and
    temporary noncompliance with technology based permit effluent limitations because
    of factors beyond your reasonable control. An upset does not include noncompliance
    to the extent caused by operational error, improperly designed treatment facilities,
    inadequate treatment facilities, lack of preventive maintenance, or careless or
    improper operation.
B. Effect of an upset. An upset constitutes an affirmative defense to an action brought
    for noncompliance with such technology based permit effluent limitations if the
    requirements of Appendix G, Subsection 14.C are met. No determination made
    during administrative review of claims that noncompliance was caused by upset, and
    before an action for noncompliance, is final administrative action subject to judicial
    review.
C. Conditions necessary for a demonstration of upset. A permittee who wishes to
    establish the affirmative defense of upset must demonstrate, through properly signed,
    contemporaneous operating logs, or other relevant evidence that:
    1. An upset occurred and that you can identify the cause( s) of the upset;
    2. The permitted facility was at the time being properly operated; and
    3. You submitted notice of the upset as required in Appendix G, Subsection
        12.F.2.b(24 hour notice).
    4. You complied with any remedial measures required under Appendix G, Section 4.
D. Burden of proof. In any enforcement proceeding, you, as the one seeking to establish
    the occurrence of an upset, has the burden of proof.




Small and Large Construction Activities                                               G-7
                           APPENDIX C

    Kittitas County Shoreline Substantial Development.
                     Perm it Exem ption




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
                                KITTITAS COUNTY COMMUNITY DEVELOPMENT SERVICES
                                                                                              411 N. Ruby St., Suite 2, Ellensburg, WA 98926
                                                                                                                 CDS@CO.KlTflTAS.WA.US
                                                                                                                    Office (509) 962-7506
                                "Building Partnerships - Building COlllmunities"                                      Fax (509) 962-7682


                SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION
APPLICANT NAME                   PHONE            MAILING ADDRESS                                 CITY/STATE             ZIP/CODE
WA Dept. of Transportation    (509) 577-1921    1710 S. 24th Ave., PO Box             12560       Yakima, WA               98909
South Central Region
C/O Jason Smith
1-90 Environmental Manager
DEVELOPMENT SITE LOCATION                                                              FLOODPLAIN/SHORELINE
1-90 between MP 55.1 & MP 58.0                                                         North bank, Lake Keechelus
Sec. 1 &2, T21N RIlE WM,                                                               FIRM: Panel # 530095-0125B
Sec. 14, 15,23,26 & 35, T22N, R11E. WM                                                 (WRIA 39-Upper Yakima Basiu)
Sec. 10, 14, 15, &23, T21N R12 E WM, Kittitas County WA.

PROJECT DESCRIPTION
I-90/Hyak to Keechelus Lake Dam Phase IB - This project represents the second construction sub-phase of the larger 1-90
Hyak to Keechelus Lake Dam Project. See attached JARPA.

THIS DEVELOPMENT IS EXEMPT PURSUANT TO WAC 173-27-040(2) (b)
A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT IS NOT REQUIRED FOR THIS PROJECT.
THE FOLLOWING CONDITIONS ARE REQUIRED PURSUANT WAC 173-27-040 (1) (e)
   1. All work shall substantially conform to the specifications of the JARPA submitted to Kittitas County dated March
      18,2009 and signed by Jason W. Smith, Environmental Manager.
   2. Issuance of this shoreliue exemption pennit does not authorize access onto private property, or waive other
      jurisdictional agency requirements. The permittee shall obtain consent from respective property owner(s) prior to
      enteriug onto private property, and shall obtain and comply with all applicable federal and state pennit requirements
      in completing the proposed development.
   3. Issuance of this shoreline exemption penn it will not create liability on the part of Kittitas County or any officer or
      employee thereof, for any on or off site injury or damages that may result from this project.
   4. All conditions oftlle Hydraulic Pennit Approval (HPA) issued by the Washington Department ofFish & Wildlife
      shall be implemented.

CONSISTENCY ANALYSIS
A shoreline substantial development permit is not required for the project as described due to exemption WAC 173-27-
040(2)(b). Although exempted by statute/rule, such exempt developments must comply with all other regulatory requirements
of the Shoreliue Management Act and Kittitas County Shoreline Master Program (See Conditions Above).
,.. The project will comply with the Washiugton State Water Code (See KCSMP Section 18)
,.. The project will not adversely affect properties and natural river systems downstream of the development (KCSMP
     Section 35).
,.. The project will not adversely affect the health and sanitation of the community and environment (KCSMP Section 17).
)- All work shall be designed to protect adjacent shoreline lands against erosion, uncontrolled drainage, slides, pollution,
     excessive excavations and fills and other factors detrimental to the environment and shoreline development shall not
     substantially diminish the natural quality or near natural qualities of nearby areas including the quality of the water
     iuvolved. (KCSMP Section 19)
)- Nothiug iu these regulations shall obviate any requirement to obtain any pemlit, certificate, license, or approval from any
     state agency or local government (See KCSMP Section 46).


Staff Planner                                     Date of Issuance                 Control No.             No. Pages
Dan Valoff                                        April 30, 2009                   SX-09-00012             Pages 1 of1




 COMMUNny PLAl\'NING' BUILDING lNSPECTlON' PLAN REVIEW' ADlI4lNlSTRATlON • PERMIT SERVICES' CODE ENFORCEMENT' FIRE INVESTIGATION
                          APPENDIX D

                   Hydraulic Project Approval




1-90
HYAK TO SNOWSHED VICINITY PHASE 1B-
ADD LANES AND BRIDGES
09Y019
       Washington                                                                            South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                   1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW           Yakima, WA 98902-5720
       WILDLIFE                                                                              (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:       116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:   N/A



                       PERMITTEE                                   AUTHORIZED AGENT OR CONTRACTOR
Washington Department of Transportation
ATTENTION: Jason Smith
 P.O. Box 12560
Yakima, WA 98909-2560
 509-577 -1921
 Fax: 509-577-1740

Project Name:             1-90 Snoqualmie Pass East - Phase 1-B
Project Description:      Improvements on 1-90 from Mp 55.1 to MP 58.0 - Reconstruct portions of the
                          shoreline of Lake Keechelus and replace bridges and culverts along this
                          section of highway. Work includes reconstruction of the stormwater system
                          and shoreline along Coal Creek and Lake Keechelus at the Hyak Maintence
                          Center, construction of a wildlife crossing at the edge of Lake Keechelus
                          adjacent to the Maintenance Center, replacement of the crossing structures
                          at Gold and Rocky Run creeks with new bridges, replacement of the culverts
                          at Wolfe Creek and MP 57.3, and reconstruction of portions of the Lake
                          Keechelus shoreline along the eastbound lanes of the highway.


                                                      PROVISIONS

WORK TIMING LIMITATIONS:
1. Work associated with watercourses, shorelines and Lake Keechelus may begin May 1.2010 and
shall be completed by November 15, 2013, Provided that work occurs only during the summer work
period from May 1st to November 15th of each year.


                 PROVISIONS APPLICABLE TO ALL PROJECT ELEMENTS

GENERAL PROJECT PROVISIONS

GENERAL
2. Work shall be accomplished per plans and information provided for Phase 1B Snoqualmie Pass
East Project in the Joint Aquatic Resource Permit Application (JARPA), dated March 18,2009,
Additional Information submitted June 16, 2009 and the supporting information submitted to
Washington Department of Fish and Wildlife (WDFW) for Hydraulic Project Approval (HPA), except
as modified by this HPA.

3. Temporary erosion and sediment control measures and temporary stormwater run-off control
measures shall be implemented as needed to effectively control and minimize the discharge of
earth, fine sediment and sediment-laden water to the waters of Lake Keechelus and Gold, Rocky
Run and Wolfe creeks and their associated wetlands. Water quality shall be maintained consistent
with the Washington Department of Ecology's (WDOE) water quality certification.


                                                                                                        Page 1 of 14
       Washington                                                                             South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW            Yakima. WA 98902-5720
       WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15, 2013                       FPAlPublic Notice #:   N/A



COPIES OF PLANS AND SCHEDULES TO BE PROVIDED TO WDFW
4. Prior to the start of work, Washington Department of Transportation (WSDOT) shall provide
WDFW with a copy of the work schedule and two copies of the construction plans and
specifications for the work associated with the shoreline, bed and channels of Lake Keechelus and
its tributary streams including Gold, Rocky Run and Wolfe creeks.

5. Prior to the start of ground disturbing work, WSDOT shall provide WDFW with a copy of the
pollution control plans for the project, including: a) Temporary Erosion and Sediment Control plan,
b) Spill Prevention Control and Countermeasure plan, c) Water Quality Monitoring and Protection
Plan, and d) Construction NPDES 402 Permit and SWPPP. Copies may be in printed or electronic
format as appropriate.

STAKING AND MARKING
6. The clearing limits for each project element shall be clearly marked/staked prior to any clearing
or ground disturbing activity for the respective project element. Sensitive areas, habitat features
and vegetation to be protected from disturbance shall be delineated in the field and marked so as to
be clearly visible to equipment operators. Salvage areas and material to be salvaged for use in site
restoration shall be clearly marked on site.

7. The equipment travel routes and material stockpile sites located in the lakebed or on the
shorelines of the lake or streams shall be shall be clearly marked/staked in the field prior to use.

ENVIRONMENTAL COMPLIANCE ASSURANCE, INSPECTION AND REPORTING
8. The WSDOT shall monitor and ensure project compliance with the provisions of this HPA. An
environmental compliance and monitoring program shall be developed and implemented consistent
with the requirements of the US Fish and Wildlife Service 8/29/08 Biological Opinion for the project,
particularly Terms and Conditions T&C BT 1 (pp 269-271). WSDOT shall provide an
Environmental Compliance Officer to direct the environmental compliance and monitoring program.
The Environmental Compliance Officer shall keep the project engineer informed about situations
that need additional effort or correction, and shall have the ability to request Stop Work Orders
when necessary to bring work into compliance with the provisions of the HPA.

9. If work occurs in violation of permit provisions, WSDOT shall immediately stop the work that is
out of compliance and take action to prevent harm to fish life and aquatic and riparian habitat.
WSDOT shall evaluate remedial measures needed to bring the work into compliance with the HPA,
consult with WDFW if changes are needed to plans or the HPA, and take corrective actions as
needed. WSDOT shall promptly notify WDFW of any non-compliance with provisions and any
actions taken to address the problem. Work on the problematic task or project section shall not be
resumed until the problem has been corrected or WDFW and WSDOT have agreement on the
actions to be taken to correct the problem.

10. The WSDOT shall provide a sufficient number of qualified Environmental Compliance
Inspectors for this project to ensure compliance with the conditions of the FEIS/ROD, compliance
with permit provisions and ensure minimization of adverse environmental impacts. The
Environmental Compliance Inspectors shall be knowledgeable about fish, wetlands, the



                                                                                                         Page 2 of 14
                                                                                             South Central
       Washington
       Department of
                                HYDRAULIC PROJECT APPROVAL                                   1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW           Yakima, WA 98902-5720
       WILDLIFE                                                                              (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:       116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:   N/A



environment of Lake Keechelus, Gold Creek and the other water courses and wetlands within the
project area, and knowledgeable of construction practices. The inspectors shall have the authority
to ensure compliance with plans, permit provisions and mitigation measures. The Environmental
Compliance Inspectors shall be on site on a regular basis to monitor work and ensure compliance
with plans and HPA provisions.

WORKSITE LIMITATIONS
11. Except as noted in provisions 13 and 14, or authorized by provisions for specific project
elements described below, all work shall be performed outside of the waters of Lake Keechelus and
tributary streams (Le. work shall be outside of the wetted perimeter). The areas of work shall be
isolated from the water by suitable and effective containment measures.

12. All ground disturbing work within the bed of Lake Keechelus shall be done during a period when
the water surface of the lake is below the elevation of the work area.

13. Clean containment measures such as silt curtains, sand bags, ecology blocks, sheet piles and
other clean materials may be placed within the waters of Lake Keechelus (Le. within the wetted
perimeter) by boat or by equipment operating from the dry lakebed, if such measures are needed to
isolate a work area.

14. Temporary stream flow diversions and bypass facilities shall be installed for the speCific project
elements as noted below and in approved submittals.

EQUIPMENT LIMITATIONS
15. Equipment shall operate from positions outside of the waters of Lake Keechelus, and tributary
streams (Le. equipment shall operate from positions outside of the wetted perimeter), except as
may be specifically authorized through submittals approved by WDFW.·
                                                                   o


16. Equipment shall be maintained in good working condition and inspected daily to ensure that
fuel, lubricants, hydraulic fluid and other materials harmful to fish or other aquatic life are not leaked
or spilled to the beds, banks or shorelines.


REQUIRED NOTIFICATION AND SUBMITIALS

NOTIFICATIONS
17. The permittee or contractor shall notify the Department field office by phone (509) 925-1013,
FAX (509) 925-4702 or email to brent.renfrow@dfw.wa.gov at least 72 hours prior to starting
construction on this project. Leave message for Brent Renfrow, District Habitat Biologist. The
notification shall include the permittee's name, project location, starting date for work, and the
control number for this Hydraulic Project Approval.

18. WDFW shall be notified of key project events to allow opportunity for inspection, including the
installation and removal of temporary flow bypasses in fish-bearing streams, the staking of habitat
features to be installed as part of the Gold Creek and Upper Keechelus work, and the start of work



                                                                                                        Page 3 of 14
       Washington                                                                             South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW            Yakima, WA 98902-5720
       WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15, 2013                       FPAlPublic Notice #:   N/A



to install in-water habitat features at Gold Creek. Note contact information above.

SUBMITTALS
19. Plan of Operations for Gold Creek, Rocky Run Creek and Wolfe Creek Project Elements.
Prior to commencement of work for each of these project elements, the permittee shall submit to
WDFW for approval the contractor's proposed plans for operations in Gold Creek, Rocky Run
Creek and Wolfe Creek. The plans of operation shall include:

a) The proposed schedule and sequence of work for the replacement of each of these water
crossing structures and the associated channel work.

b) The contractor's plan for management of water at each site. The information submitted shall
include: 1) the location and the method for installation and removal of temporary containment
structures needed to isolate work areas, 2) the method of dewatering work areas and the disposal
of the waste water, including location of discharge areas and settling ponds, and 3) the proposed
temporary stream flow bypasses for Rocky Run and Wolfe creeks including type of bypass,
location, and size of each bypass, and any associated diversion and containment dams needed,
and 4) the location of channel access points for equipment and material delivery.

See also provisions 21-31 below and provisions applicable to specific work elements. No work
shall begin within the ordinary high water marks of Gold Creek, Rocky Run Creek and Wolfe Creek
until satisfactory plans are approved and staked in the field as appropriate.

20. Bridge Demolition Plans for Gold Creek and Rocky Run Creek.
Prior to start of work related to the demolition of the bridges at Gold Creek and Rocky Run Creeks,
WSDOT shall submit to WDFW for approval the contractor's plans for demolishing these structures
in a manner that minimizes adverse impacts to fish and water quality. The plan shall describe the
sequence of the demolition work, any temporary structures or supports required in the channel, any
excavation, fill or construction to occur within the water (Le. wetted perimeter) of the creeks, and
the measures to be used to prevent discharge of bridge material and other waste into the creeks
(e.g. drapes, platforms, etc.).


CARE AND MANAGEMENT OF WATER DURING CONSTRUCTION

TEMPORARY CONTAINMENT STRUCTURES
21. Temporary containment structures shall be in place prior to initiation of excavation or ground-
disturbing work adjacent to the water (Le. wetted perimeter) of Lake Keechelus or tributary streams.

22. Containment structures shall be made of clean materials such as sandbags, precast ecology
blocks, plastic sheeting, sheet piles etc .. Containment must effectively isolate the work areas from
water and prevent fallback, sloughing or wasting of earth, fine sediment or harmful materials such
as raw concrete, to the water of the lake, streams or associated wetlands.

DEWATERING OF WORK AREAS



                                                                                                         Page 4 of 14
       Washington                                                                             South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW            Yakima. WA 98902-5720
       WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15, 2013                       FPAlPublic Notice #:   N/A



23. During initial dewatering of work areas, turbid water shall be pumped or routed to tanks, settling
ponds or to upland areas as needed for treatment to remove silt, fine sediments and materials
harmful to fish and aquatic life. Subsequent pumping or draining of clean water infiltrating through
sands and gravels may be discharged directly to Keechelus lake, streams and wetlands provided
that: a) a sump chamber is installed away from the main work area to intercept the clean inflow, b)
waste water containing raw concrete or other harmful materials is NOT reaching the sump
chamber, c) water being pumped or drained from the sump is clear (no suspended solids or
turbidity), and d) state water quality standards are satisfied (note conditions of 401 (b) water quality
certification from WDOE). Lines discharging water to the lake, streams or wetlands shall be
equipped with a diffusing device which shall prevent scouring or dislodging of fine sediments from
the bank or bed.

WASTEWATER DISPOSAL
24. Wastewater containing mud, silt or materials harmful to aquatic life shall be either pumped to
tanks and hauled to approved disposal site(s) or, if appropriate, pumped to upland areas or
specifically authorized locations for treatment and disposal. Care shall be taken to ensure no
harmful material (e.g. raw concrete, petroleum products, wood preservatives, toxic chemicals, etc.)
are allowed to enter the water of the lake, streams or wetlands. Washing of equipment, vehicles,
concrete trucks, chutes, tools, etc. shall be done at locations where wash water will not be
discharged to the lake, streams or wetlands.

25. Water management and erosion control measures shall be installed at all sites to ensure that
any water discharged to the waters of Lake Keechelus, tributary streams and associated wetlands
is in compliance with water quality standards (note conditions of WDOE water quality certification).

TEMPORARY BYPASS OF STREAMFLOW
26. A temporary flow bypass shall be installed for all watercourses were work must occur within the
area occupied by a flowing stream. The temporary flow bypass shall be installed and removed as
described below.

27. Prior to initiation of work in the channel, a temporary pump bypass, or temporary culvert, flume
or channel shall be installed to bypass the stream flow around the work area. The temporary
bypass shall be of sufficient size to pass flows and debris likely to occur during the project. The
permittee shall provide flow and hydraulic information relevant to the period the temporary bypass
will be in place and verify the adequacy of the proposed temporary flow bypass design. The
bypass shall effectively isolate the work area from the flowing water and pass all stream flow to the
channel immediately downstream of the work area. The bypass shall be only as long as
necessary to prevent seepage or backwatering of the work area.

28. A diversion dam of sandbags and plastic sheeting, or an equivalent clean structure, shall be
placed immediately above the work area to divert the entire flow of the stream through the bypass.
If necessary to prevent backwater from entering the work area, an equivalent, clean structure shall
be installed at the downstream end of the bypass. There shall be no in-water use of earth or clay.

29. If a pump bypass is used, the inlet shall be screened to prevent entrainment of fish and the



                                                                                                         Page 5 of 14
       Washington                                                                            South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                   1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW           Yakima. WA 98902-5720
       WILDLIFE                                                                              (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:       116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:   N/A



outlet shall be equipped with a diffuser or positioned so as to ensure discharge cannot scour/erode
the bank or bed.

30. For streams where fish may be present (including Rocky Run Creek and Wolfe Creek),
diversion of flow through the bypass shall be done incrementally to allow capture and safe removal
of fish from the work area. Any fish trapped inside of the work area after the flow has been diverted
shall be captured and released unharmed downstream of the project. (Note: Permittee may
request assistance from the Department for this task. Assistance will be provided if the Department
has personnel available. Please provide as much advanced notice as possible.)

31. Upon completion of the project, the temporary bypass shall be removed incrementally so as to
prevent a temporary dewatering of the channel below the project. The stream bypass diversion
dam shall be opened sufficiently to wet the channel through the new culvert or bridge while still
retaining at least one half of the flow in the bypass channel. Once the new channel is fully wetted,
the remaining flow can be gradually diverted into the new channel. Any fish stranded in the
temporary bypass channel shall be safely relocated to the flowing stream. The containment dam
shall be removed and all remaining materials used for the temporary bypass and containment
structures (other than washed gravel or specified stream gravel) shall be removed from the channel
and disposed of off site. If washed stream gravel was used for the diversion or containment dams,
it shall be redistributed in the channel so as to not obstruct flows or fish passage. If rip rap was
used for scour protection at the outlet of the temporary bypass, this material shall be removed
and/or redistributed within the channel as directed by the WDFW field representative for the project.

WATER WITHDRAWAL FROM LAKE KEECHELUS FOR PROJECT CONSTRUCTION
32. Water for the project may be withdrawn from Lake Keechelus, as approved by WDOE Water
Resources, by using a pump with a screened intake. The pump intake shall be screened to prevent
entrainment of fish consistent with the current WDFW and NMFS screening criteria. (Note the
following link for criteria http://wdfw.wa.gov/hab/engineer/fishscrn.htm). The fish screen shall be in
place, positioned in the lake in a manner that ensures proper clearance around the screen and
uniform flow of water to the screened intake, and operated within the WDFW screening criteria
whenever water is withdrawn from the lake.

33. Screen maintenance shall be adequate to prevent injury or entrapment to juvenile fish. The
screen shall be serviced and maintained consistent with the manufacturer's directions.

34. The pump system shall be equipped with an in-line flow meter, which measures the
instantaneous flow (e.g. gallons per minute) of water withdrawn from the lake.

GENERAL RESTORATION REQUIREMENTS FOR DISTURBED SHORELINE AREAS
35. Site restoration for each construction season:
All earth areas on the shorelines of Lake Keechelus and tributary streams, which have been
exposed or disturbed by this project, shall be graded to a stable slope, seeded with the specified
seed mix (where applicable), and protected from erosion with a suitable erosion control blanket,
hydro-mulch with bonding agent or other effective BMPs. Shoreline erosion protection must be
capable of protecting soil from wave action or spring runoff flows as appropriate for each site. For



                                                                                                        Page 6 of 14
       Washington                                                                            South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                   1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW           Yakima, WA 98902-5720
       WILDLIFE                                                                              (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:       116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:   N/A



each disturbed shoreline site, stabilization and erosion protection shall be completed in a timely
fashion (note WSDOT Standard Specifications 8-01.3(1)). Whenever it appears that erosion of
earth or fines to streams is likely to result from weather, the nature of the materials or the progress
of the work, WSDOT shall ensure that effective erosion control measures are applied immediately.

36. Where practicable within the constraints of project management, schedule and contracting,
native woody plants adapted to stream banks, which have been salvaged from the site or adjacent
areas, shall be planted into moist soil adjacent to the ordinary high water line.

37. Final site restoration.
Final restoration of each site shall be done in a manner that ensures restoration of fish habitat, and
achieves the objectives of the WARM plan and the MDT final report. This work shall be completed
as part of Phase 1-E. WSDOT shall consult with WDFW regarding proposed final site restoration,
and provide WDFW with draft plans and specifications by August 31, 2010. WSDOT shall submit
final plans and specifications for Phase 1-E restoration work to WDFW for review and approval by
July 31, 2011.



                  PROVISIONS APPLICABLE TO SPECIFIC PROJECT ELEMENTS


HYAK MAINTENANCE FACILITY AT COAL CREEK
38. All work shall be done in the dry. The work area shall be separated from Coal Creek using
appropriate BMPs. This project element shall be constructed as per submitted plans and
information.


UPPER KEECHELUS LAKE NEARSHORE AND WILDLIFE BRIDGE
39. All work shall be done in isolation from the waters of Gold Creek and Lake Keechelus, using
containment barriers as necessary. Containment barriers in or adjacent to water shall be
constructed of clean materials such as sand bags, plastic sheeting, ecology blocks, silt curtain, etc ..
The work area within the pond of wetland AE-1, including the area to be filled, shall be isolated from
the remainder of the pond and any fish trapped within the isolated work area shall be captured
unharmed and removed to a safe location downstream of the work area. All work shall be done as
per submitted plans and information except as modified by this HPA.

40. Habitat features shall be located and installed in consultation with WDFW. WDFW shall be
notified when habitat features are to be staked on the site. (Note provisions 17 and 18 above
regarding notification.)


LAKE KEECHELUS SHORELINE MODIFICATIONS FOR EASTBOUND LANES
41. All ground disturbing work within the bed of Lake Keechelus shall be done during a period when
the water surface of the lake is below the elevation of the work area. Where wetlands and streams



                                                                                                        Page 7 of 14
       Washington                                                                             South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW            Yakima, WA 98902-5720
       WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15, 2013                       FPAlPublic Notice #:   N/A



occur within the work area, work shall be done in the dry, using clean, temporary containment
measures and temporary flow bypasses as necessary to isolate the work from surface water and
adjacent wetlands. Work shall be done as per submitted plans and information except as modified
by this HPA.

SALVAGE OF LARGE WOODY DEBRIS
42. Prior to the start of work within the 2517-ft high pool elevation of Lake Keechelus, the existing
large woody debris, including all logs and trees greater than 10-feet in length and 12-inches
diameter, and all stumps with rootwads larger than 4-feet in diameter measured at the widest
location, shall be temporarily placed outside of the clearing limits and reserved for use during site
restoration. The woody material shall be carefully moved to minimize breakage. Work shall be
done with a trackhoe equipped with a thumb or equivalent machine capable of individually lifting
and moving intact, large woody material with minimal breakage.

43. WSDOT shall consult with WDFW regarding design of shoreline habitat features (e.g. anchored
logs and rootwads) and their typical installation prior to performing the work.

SITE RESTORATION
44. Key pieces of large woody material (large logs with attached rootwads or crowns) shall be
installed in groupings at the toe of the bank. Prior to installation, WSDOT shall consult with WDFW
regarding the optimal locations of all habitat features to be installed along the shoreline.

45. The woody debris conserved during site preparation shall be placed back on the shoreline at
the toe of the bank. Work shall be performed as directed by the project engineer in consultation
with WDFW. The woody debris shall be replaced as shoreline debris jams, located and oriented so
as to minimize the probability of the woody material becoming dislodged and drifting long distances
during the normal high lake level. The woody material shall be carefully moved to minimize
breakage. Work shall be done with a trackhoe equipped with a thumb or equivalent machine
capable of individually lifting and moving intact, large woody material without breakage.


CULVERT INSTALLATION AND ASSOCIATED CHANNEL WORK FOR UNNAMED STREAMS,
SEEPS AND SPRINGS NOT KNOWN TO BE USED BY FISH
46. In-channel earthwork needed to install these culverts shall be done in the dry. If water is
flowing in the channel at the time of construction, the flow shall be controlled, diverted or bypassed
as appropriate for the speCific conditions of each site. Management of flow shall not dewater areas
downstream where fish may be present. The selected water management practices shall ensure
that the quality of water reaching fish-bearing streams is not degraded by the construction work. If
pumps are used to bypass flow, the discharge line shall be equipped with a diffuser or positioned in
such a manner that will prevent scouring of the channel or bank.

47. If fish are discovered to be present in a channel, WDFW shall be notified immediately. If
construction is not already underway, installation of the culvert shall be deferred until WSDOT has
consulted with WDFW and a determination is made as to what additional measures are needed (if
any) to protect fish during the construction. If construction is underway, WSDOT shall stabilize the



                                                                                                         Page 8 of 14
      Washington                                                                             South Central
      Department of
                                HYDRAULIC PROJECT APPROVAL                                   1701 South 24th Avenue
      FISH and                RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW           Yakima. WA 98902-5720
      WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:       116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:   N/A



site, ensure satisfactory water quality can be maintained and prevent dewatering of the channel
pending consultation with WDFW. If stranded fish are observed, they shall be captured unharmed
and transferred to the nearest safe location within the flowing channel.


REPLACEMENT OF BRIDGES AND ASSOCIATED CHANNEL WORK AT GOLD CREEK AND
ROCKY RUN CREEK

BRIDGE CONSTRUCTION
48. Construction shall be done in the dry, using clean, temporary containment measures as needed
to isolate the work areas from the creeks. For Rocky Run Creek, a temporary stream flow bypass
is also required during construction. Work shall be done as per submitted plans and information
except as modified by this HPA. Work shall be performed in accordance with the approved Plans
of Operation and demolition plans (note provisions 19 and 20 above).

49. There shall be no impact hammer driving of piles in or within 100-feet of Gold Creek.

50. The excavation areas shall be separated from the wetted perimeter (i.e. the water of the creek
or lake) by clean containment barriers that shall prevent fall back, sloughing or erosion of earth and
fine material from the work area into the water.

51. During construction of the drilled shaft piers, abutments and footings, effective containment
shall be in place to prevent discharge of raw concrete, or water containing raw concrete to creeks
or wetlands. (Note that raw concrete is toxic to fish and aquatic life.)

52. The new bridge at Gold Creek shall be constructed in a manner that does not damage the bed
or banks of Gold Creek. Bridge members shall be suspended while being placed across the
channel. There shall be no dragging of bridge members through the channel or across the face of
the bank.

53. If grouting of joints or pouring of concrete on the bridge superstructure or deck is required, the
bridge shall be draped or sealed to prevent leakage of raw concrete, other harmful materials or
water contaminated with such materials to the waters of Gold or Rocky Run creeks.

REMOVAL OF EXISTING OLD BRIDGES
54. The existing old bridges shall be removed as per the approved demolition plans (note provision
20 above).

55. The old bridge abutments shall be removed in their entirety or shall be cut off in the streambed
at an elevation two-feet below the streambed elevation at the thalweg.

REMOVAL OF GOLD CREEK DETOUR BRIDGE·
56. The excavation areas at the detour bridge site shall be separated from the wetted perimeter of
Gold Creek by secure, sturdy containment barriers that shall prevent fall back, sloughing or erosion
of earth and fine material from the work area into the water.



                                                                                                        Page 9 of 14
       Washington                                                                            South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                   1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW           Yakima, WA 98902-5720
       WILDLIFE                                                                              (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:       116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:   N/A




57. The detour bridge shall be removed in a manner that does not damage the bed or banks of
Gold Creek. Bridge members shall be suspended while being moved across the channel. There
shall be no dragging of bridge members through the channel or across the face of the bank. Work
shall be done in a manner that prevents bridge and embankment materials from falling into the
waters of Gold Creek.

SITE RESTORATION AT GOLD CREEK
58. WSDOT shall consult with WDFW regarding design of shoreline habitat features and their
typical installation prior to performing the work.

59. The location of specific habitat features shall be staked on the site by prior to construction.
Habitat features shall be located and installed in consultation with WDFW. WDFW shall be notified
when habitat features are to be staked on the site. (Note provisions 17 and 18 above regarding
notification.)

60. At the Gold Creek channel, the existing rip rap protection. for the old bridge abutments shall be
removed down to the elevation of the low flow water surface. Riprap within the wetted perimeter
(below the water surface), which is not embedded in the bed or bank, shall be removed to the
extent practicable without exceeding water quality standards (WDOE 401 (b) Certification). The
extent of this work shall be determined by the project engineer in consultation with WDFW at the
time of construction, based upon the site conditions (stream flow, temperature and that the work
can be done without significant excavation of the underlying bed material) and that water quality
can be maintained during the work.

61. Work authorized within the wetted perimeter, including the removal of rock riprap and
installation of in-channel habitat structures, shall be done under the direct supervision of WSDOT
personnel with expertise in stream habitat restoration.

SITE RESTORATION AT ROCKY RUN CREEK
62. The stream channel of Rocky Run Creek shall be reconstructed in a manner consistent with the
stream simulation design guidance provided by WDFW and in the publication Fish Passage Design
at Road Culverts (available at the following link:
http://wdfw.wa.gov/hab/engineer/cm/culvert_manuaLfinal.pdf). The installation of the channel
material shall be done in a manner that maximizes bed roughness. Some of the largest particles of
the bed material shall be exposed above the prevailing bed surface by 20-50% of their diameters to
create a natural-like streambed.

63. After the streambed material has been installed to its final configuration, the bed shall be
washed with water so as to leave a clean, natural-like streambed surface and wash fine materials
down into the voids between the larger bed material and reduce permeability of the bed.
Wastewater from this washing shall be captured and pumped to an upland area for disposal.

64. The existing concrete slab embedded in the channel of Rocky Run Creek upstream of the
USFS 4832 road shall be removed and the channel restored to natural-like conditions passable to



                                                                                                       Page 10 of 14
       Washington                                                                             South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW            Yakima, WA 98902-5720
       WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15,2013                        FPAlPublic Notice #:   N/A



fish. It is preferable that the slab be removed while the stream is isolated within the temporary
stream bypass. However, if it is necessary or more practicable to remove the slab without the
bypass in place, the concrete slab may be removed in the wet (i.e. without installing temporary
stream flow bypass facilities) provided the work is done during summer low flow conditions. The
streambed area disturbed by this work shall be restored to the natural step-pool configuration for
the site. The void left in the stream channel shall be filled with large rock and streambed cobble,
gravel and sand as needed to reconstruct the bed. Streambed material specified for the Rocky
Run channel may be used for this purpose. Work shall be as directed by the project engineer in
consultation with WDFW, taking into consideration the actual site conditions at the time of
construction.

65. Removal of the concrete slab and restoration of the channel shall be performed under the direct
supervision of WSDOT personnel with expertise in stream habitat restoration.


WOLFE CREEK CULVERTS AND ASSOCIATED CHANNEL WORK

66. All work shall be done in the dry, using clean, temporary containment measures and a
temporary flow bypass to isolate the work area. Work shall be done as per submitted plans and
information except as modified by this HPA.

67. The streambed shall be reconstructed in a manner consistent with the stream simulation design
guidance provided by WDFW and in the publication Fish Passage Design at Road Culverts
(available at the following link: http://wdfw.wa.gov/hab/engineer/cm/culvert_manuaLfinal.pdf).

68. The channel within each box culvert shall be backfilled with the designed mix of boulders,
cobbles, gravels, sand and fines. Material conserved from channel excavation may be used to the
extent it is suitable and meets the specifications. Backfill shall contain sufficient sand and fines
(10% minimum fines, refer to plans and specifications) to ensure that low stream flows will not
percolate through the streambed instead of flowing across the surface of the bed. The streambed
material shall be installed in lifts. During installation of each lift, gravel and fines shall be worked
into the voids between large rocks to control permeability of the streambed and ensure stream flow
remains on the surface of the bed.

69. The installation of the channel material in the new culvert shall be done in a manner that
maximizes bed roughness. Some pf the largest particles of the bed materia~ shall be exposed
above the prevailing bed surface by 20-50% of their diameters to create a natural-like streambed.

70. To ensure that low flows are not dispersed across the entire channel width, backfill shall slope
to the center of the channel and a narrow thalweg shall be defined in the streambed, as directed by
the project engineer in consultation with WDFW so as to concentrate low flows and provide for fish
passage.

71. All waste material and earth in excess of backfill needs shall be removed completely from the
channel.



                                                                                                        Page 11 of 14
         Washington                                                                                      South Central
         Department of
                                       HYDRAULIC PROJECT APPROVAL                                        1701 South 24th Avenue
         FISH and                  RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW                  Yakima, WA 98902-5720
         WILDLIFE                                                                                        (509) 575-2740



Issue Date: August 03, 2009                                           Control Number:              116654-2
Project Expiration Date: November 15, 2013                           FPAlPublic Notice #:          N/A




72. After the streambed material has been installed, the bed shall be washed with water so as to
leave a clean, natural-like streambed surface and wash fine materials down into the voids between
the larger bed material and reduce permeability of the bed. Wastewater from this washing shall be
captured and pumped to an upland area for disposal.


                                                     PROJECT LOCATIONS

 Location #1 1-90 from MP 55.01 to MP 58.0
 WORK START:         May 01, 2010                                   IWORKEND:                  November 15, 2013
 WRIA:                    Waterbody:                                           Tributary to:
 --
 39.0000                  Various                                              Various
 1/4 SEC:      Section:     Township:     Range:       Latitude:                Longitude:                County:
               --                                      --
 Ali           14           22 N          11 E          N 47.3928               W 121.38939               Kittitas
 Location #1 Driving Directions

 Acc~ss   is from Interstate Highway 90 between the Hyak interchange and the Crystal Springs interchange. The
 specific mile posts are MP-55.1 east to approximately MP-58.0.




                                  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 77.20). Additional authorization from other public agencies may be
necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying
for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be
necessary for this project.

This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the
person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work.

This Hydraulic Project Approval does not authorize trespass.


The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held
liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this
Hydraulic Project Approval.

Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one
hundred dollars per day and/or a gro.ss 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 projects) 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 irrigation, stock watering or bank stabilization Hydraulic Project Approvals issued
                                                                                                                     Page 12 of 14
 -'" '.    Washington                                                                         South Central
           Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
,     '.   FISH and           RCW 77,55,021 - Appeal Pursuant to Chapter 34,05 RCW            Yakima, WA 98902-5720
 ,         WILDLIFE                                                                           (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15, 2013                      FPAlPublic Notice #:    N/A


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, that such
modifications shall be subject 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 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW77.55.021,
77.55.141,77.55.181, and 77.55.291: A person who is aggrieved or adversely affected by the following Department
actions may request an informal review of:
  (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic
Project Approval; or
  (B) An order imposing civil penalties. A request for an INFORMAL REVIEW shall be in WRITING to the Department
of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be
RECEIVED by the Department 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 Project
Approval applicant, resolution 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 satisfied with the results of 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 agricultural irrigation, stock watering or bank stabilization projects) or 77.55.291:
A person who is aggrieved or adversely affected by the following Department actions 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
Act, 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 Department at 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 Department's written decision in response to the informal appeal.

C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 77.55.021 (agricultural irrigation,
stock watering or bank stabilization 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 Project 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 Sixth Avenue SE, Building Two -
Rowe Six, Lacey, Washington 98504; telephone 360/459-6327.

D. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO CHAPTER 43.21 L RCW: 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 Project Approval may request a formal appeal. The FORMAL APPEAL shall be in
accordance with the provisions of Chapter 43.21 L RCW and Chapter 199-08 WAC. The request for FORMAL APPEAL
shall be in WRITING to the 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; telephone 360/459-6327.


                                                                                                        Page 13 of 14
       Washington                                                                             South Central
       Department of
                                HYDRAULIC PROJECT APPROVAL                                    1701 South 24th Avenue
       FISH and               RCW 77.55.021 - Appeal Pursuant to Chapter 34.05 RCW            Yakima, WA 98902-5720
       WILDLIFE                                                                               (509) 575-2740



Issue Date: August 03, 2009                                      Control Number:        116654-2
Project Expiration Date: November 15, 2013                       FPAlPublic Notice #:   N/A



E. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS results in forfeiture of all appeal rights.                 If there is
no timely request for an appeal, the department action shall be final and unappealable.


ENFORCEMENT: Sergeant Sprecher (30) P1
Habitat Biologist                                                                                     for Director
Brent Renfrow                        509-925-1 013                                                    WDFW
CC: Cle Elum Ranger District
    Okanogan-Wenatchee National Forest
    803 W2nd St
    Cle Elum, WA 98922




                                                                                                        Page 14 of 14
                          APPENDIX E

                   Water Quality Certification




1-90
HYAK TO SNOWSHED VICINITY PHASE 1B-
ADD LANES AND BRIDGES
09Y019
                                         STATE OF WASHINGTON
                                DEPARTMENT OF ECOLOGY
                         PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000
                        TTY 711 or 800-833-6388 (for the speech or hearing impaired)




December 23,2008


REGISTERED MAIL
RB 252 946 925 US

Jason Smith
Washington State Department of Transportation
1-90 Project Office
171 0 South 24th Ave. Ste. 100
Yakima, WA 98902

RE:           Water Quality Certification Order No. 6299 for Corps Public Notice No. NWS-
              2007-2080-S0D to widen 1-90 between Hyak and Keechelus Dam in Kittitas
              County, Washington
          ~C\ ~CI",",
Dear ~..-Str11lIl:

On July 15,2008 the Department of Ecology (Ecology) received a Joint Aquatic
Resource Pennit Application (JARP A) from the Washington State Department of
Transportation.(WSDOT) for a Section 401 Water Quality Certification (401
Certification) under the federal Clean Water Act for the proposed 1-90 between Hyak and
Keechelus Dam improvement project. The project improvements include widening the
highway from four to six lanes, including chain up/off areas, add two wildlife bridges and
add a new longer and wider snowshed. The project proposes to permanently impact
12.10 acres of wetlands, and 11.68 acres of temporary impacts to wetlands. The project
will mitigate for wetland impacts in accordance with their Final Wetland Mitigation plan
approved by Ecology. U.S. Army Corps of Engineers issued a public notice on
September 24,2008 for the proposed project.

On behalf of the State of Washington, Ecology certifies that the work described in the
JARPA and the public notice complies with applicable provisions of Sections 301, 303,
306 and 307 of the Clean Water Act, as amended, and applicable state laws. This
certification is subject to the conditions contained in the enclosed Order.

This letter also serves as the State response to the Corps of Engineers' September 24,
2008 Public Notice.




Version 1.0
If you have any questions, please contact Kerry Carroll at 360-407-7503. The enclosed
Order may be appealed by following the procedures described in the Order.

Sincerely,

~
Brenden McFarland
Environmental Review and Transportation Section
Shorelands and Environmental Assistance Program

{kc}:{bm}
Enclosures

cc:       Lynda Jamison, Ecology
          Rick Pratt, Corps
          Mark Reynolds, WSDOT
          Larry Mattson, WSDOT

e-cc:     Loree' Randall- HQ
          Cathy Reed, Ecology
          Bobb Nolan, Ecology
          Brent Renfrow, WDFW
          Patty Garvey-Darda, Forest Service




Version 1.0
 IN THE MATTER OF GRANTING A                  )   ORDER #6299
 WATER QUALITY                                )   Corps Reference No. NWS-2008-331-S0D
 CERTIFICATION TO                             )   1-90 Snoqualmie Pass East Project from Hyak to
 Washington State Department of               )   Keechelus Dam in Kittitas County.
 Transportation                               )
 in accordance with 33 U.S.C. 1341            )
 (FWPCA § 401), RCW 90.48.120, RCW            )
 90.48.260 and Chapter 173-201A WAC           )
                                              )
     TO:        Jason Smith
                Washington State Department of Transportation
                1-90 Project Office
                1710 South 24th Ave. Ste. 100
                Yakima, WA 98902

 On July 15,2008 the Department of Ecology (Ecology) received a Joint Aquatic
 Resource Permit Application (JARPA) from the Washington State Department of
 Transportation(WSDOT) requesting a Section 401 Water Quality Certification (401
 Certification). The U.S. Army Corps of Engineers (Corps) distributed a joint public
 notice for the project pursuant to Chapter 173-225 WAC on September 24, 2008.

 WSDOT will improve approximately five miles ofI-90 between HyaIC and Keechelus
 Dam. Improvements include one lane in each direction between milepost 55.1 and
 60.9, extending the snow chain on and off areas, expanding the snow shed,
 constructing new bridges over Rocky Run, Gold Creek, and Resort Creek (tributaries
 to the Yakima River), and installing oversized culverts at Wolfe, Resort, and
 Townsend Creeks. WSDOT will also improve safety along 1-90 by reducing sharp
 curves, repairing deteriorated pavement, stabilizing unstable slopes, installing
 avalanche fences, and connecting wildlife habitats over and under the highway. The
 proposed work will occur in three phases: lA, 1B, and IC. Phase IA - I-90/Hyak to
 Crystal Springs - will include lake storage mitigation and detour work. Phase 1B -1-
 90/Hyak to Snowshed Vicinity - will primarily add lanes and replace bridges. Phase
 1C - I-90/Snowshed Vicinity to Keechelus Dam - will continue to add lanes and
 construct a new longer and wider snowshed.

  In addition to the water bodies listed above, work will be conducted within Keechelus
. Lake, a Bureau of Reclamation (BOR) owned and operated reservoir. Pennanent
  wetland impacts are associated with this project and will be mitigated for according to
  the "1-90 Snoqualmie Pass East Draft Mitigation Plan" (mitigation plan) dated October
  2008. The mitigation plan includes preservation and restoration to meet Ecology's
  mitigation ratios. Also, onsite mitigation will include replanting in all temporary
  wetland and buffer impact areas, as well as riparian restoration.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23,2008
Page 2 0/15

The project is located in Water Resource Inventory Area (WRIA) 39; Upper Yakima
Watershed.

AUTHORITIES

In exercising authority wider 33 U.S.C. § 1341, RCW 90.48.120, and RCW 90.48.260, Ecology has
examined this application pursuant to the following:

1.     Conformance with applicable water quality-based, technology-based, and toxic or pretreatment
       effiuentlimitationsasprovidedunder33 U.S.C. §1311, 1312, 1313, 1316, and 1317 (FWPCA
       § 301,303,306 and 307);

2.     Conformance with the state water quality standards contained in Chapter 173-201A WAC and
       authorized by 33 U.S.C. §1313 and by Chapter 90.48 RCW, and with other applicable state laws;
       and

3.     Conformance with the provision of using all known, available and reasonable methods to prevent
       and control pollution of state waters as required by RCW 90.48.010.


WATER QUALITY CERTIFICATION CONDITIONS

Through issuance of this Order, Ecology certifies that it has reasonable assurance that the activity as
proposed and conditioned will be conducted in a manner that will not violate water quality standards and
other state laws. In accordance with 33 U.S.C. § 1341, RCW 90.48.120, RCW 90.48.260 Chapter 173-
200 WAC and Chapter 173-201A WAC, Ecology grants water quality certification to WSDOT subject
to this Order's conditions.

Certification of this proposal does not authorize WSDOT to exceed applicable state water quality
standards (Chapter 173-201A WAC), ground water standards (Chapter 173-200 WAC) or sediment
quality standards (Chapter 173-204 WAC). Furthermore, nothing in this certification shall absolve
WSDOT from liability for contamination and any subsequent cleanup of surface waters, ground waters
or sediments occurring as a result ofproject construction or operations.

A. General

       1. The term "Applicant" shall mean the Washington State Department of
          Transportation and its hired contractors.

       2. All required submittals shall be sent to Department of Ecology Attn:
          Federal Project Coordinator- P.O. Box 47600, Olympia WA 98504~7600
          or via e-mail. Notifications shaH be made via phone or e-mail (preferred).
          All submittals and notifications shall be identified with Order No. 6299 and
Order #6299, Corps No. NWS-2007-2080-S0D
December 23, 2008
Page 3 0/15

           include the Applicant's name, project name, project location, the project
           contact and the contact's phone number.

       3. Authorized work is limited to that described in the July 15,2008 JARPA
          and supplemental infonnation. The Applicant will be out of compliance
          with this Order and must reapply with an updated application ifthe
          infonnation contained in the JARPA or supplemental infonnation becomes
          void through unauthorized changes to the project.

       4. Within 30 days of receipt of an updated JARP A, Ecology will detennine if
          the revised project requires a new water quality certification and public
          notice or if an amendment to this Order is required.

       5. This Order shall be rescinded if the IT.S Army Corps of Engineers does not
          issue a Section 404 pennit.

       6. Copies of this Order shall be kept on the job site and readily available for
          reference by Ecology personnel, the construction superintendent,
          construction managers and lead workers, and state and local government
          inspectors.

       7. The Applicant shall provide access to the project site and all associated
          mitigation sites upon Ecology's request for site inspections, monitoring,
          and data collection to ensure compliance.

       8. Nothing in this Order waives Ecology's authority to issue additional orders
          if Ecology determines that further actions are necessary to protect water
          qUality. Further, Ecology retains jurisdiction to modify this Order if
          additional impacts due to project construction or operations are identified.

       9. The Applicant shall ensure that all project engineers, workers, and
          contractors at the project site, with responsibility for directing work, have
          read and understand the rei evant conditions of this Order and all referenced
          permits, approvals, and documents. Prior to commencing construction, the
          Applicant shall provide Ecology a signed statement from each project
          engineer, worker, and contractor that he or she has read and understands
          this Order's conditions and the referenced permits, plans, documents and
          approvals. (See Attachment A for an example)

       10. This Order does not authorize direct, indirect, pennanent, or temporary
           impacts to waters of the state or related aquatic resources, except as
           specifically provided for herein.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23, 2008
Page 4 0/15

       11. Failure of any person or entity to comply with this Order may result in the
           issuance of civil penalties or other actions, whether administrative or
           judicial, to enforce its tenns.

B. Notification Requirements

       1. Notification shall be made via phone or e-mail (e-mail is preferred) to
          Ecology's Federal Project Coordinator in accordance with condition A.2.
          for the following activities:

               a. At least ten (10) days prior to any pre-construction meetings.
               b. At least seven (7) days prior to the onset of initiating work on each
                  Phase of the project site.
               c. At least ten (10) days prior to initial in-water activities for each
                  Phase of the project.
               d. At least seven (7) days prior to any bridge construction or bridge
                  demolition activities.
               e. At least seven (7) days of completing each of the mitigation sites.
               f. At least seven (7) days from completion of each project Phase.
               g. Immediately following a violation of state water quality standards
                  or when the project is out of compliance with any of this Orders
                  conditions.
              h. Immediately if chemical containers (e.g. drums) are discovered on-
                  site or any conditions are present indicating disposal or burial of
                  chemicals on-site that may impact surface water or ground water.
              1. Immediately notify Ecology's Central Regional Spill Response .
                  Office at the number below and within 24 hours of spills to
                  Ecology's Federal Project Coordinator for any spills to water or
                  ground.                                        .
              J. WSDOT also must contact the appropriate Regional Spills Office
                  for condition h above using the following numbers:

              Ecology's Regional Offices:
              Central      (509) 575-2490
              Eastern      (509) 329-3400
              Northwest    (425) 649-7000
              Southwest    (360) 407-6300

C. Equipment and Staging

      1. All construction debris and materials temporarily stored on-site shall be
         placed in a manner that does not adversely affect waters of the state,
         including wetlands.
. Order #6299, Corps No. NWS-2007-2080-S0D
. December 23, 2008
  PageS 0/15

          2. Staging areas!, storage areas, and stockpile sites2 will be located a
             minimum of 50 feet and, where practicable, 200 feet from waters of the
             state, including wetlands, unless otherwise conditioned in this Order. If
             any of these areas or sites must be located within 50 feet of a water of the
             state, then WSDOT shall notify Ecology's project coordinator, per
             condition B.l. for written approval prior to using those areas or sites.

          3. Mobile sand and gravel facilities will be located a minimum of 100 feet
             and, where practicable, 200 feet from wate~s of the state, including
             wetlands, unless authorized by Ecology.

          4. Equipment and vehicle-fueling shall not occur within 50 feet of waters of
             the state, including wetlands, unless authorized by Ecology.

          5. Fuel hoses, oil drums, oil fuel transfer valves and fittings, etc., shall be
             maintained in accordance with the current WSDOT "Standard
             Specifications for Road, Bridge, and Municipal Construction" manual, in
             the Spill Prevention, Control and Countermeasure Plan section to prevent
             spills to land or waters of the state.

         6. Equipment used during construction shall be serviced, fueled, and
            maintained on upland areas in order to prevent contamination of surface
            waters, unless authorized by Ecology.

         7. Unless Ecology so authorizes, no equipment shall enter, operate, be stored,
            or parked within waters of the state, including wetlands and their buffers.

         8. Equipment authorized to work in waters of the state shall be free of any
            external petroleum products and all drive mechanisms(wheels, tracks,
            tires, etc.} shall be pressure-washed to remove accumulations of soil or
            other materials.

         9. Wash water containing oils, grease, or other pollutants shall not be
            discharged into state waters. WSDOT shall set up a designated area for
            washing equipment.

         10. Cleaning solvents or chemicals used for tool or equipment cleaning shall
             not be discharged to the ground or waters of the state, including wetlands.




1 Staging area is a location on the project site where materials are brought from off-site or from a stockpile or storage site to
an interim location to be cued up for near term or immediate use.
2 Stockpile site or storage area is a location where large amounts of material are stored for future use on a project.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23, 2008
Page 6 0/15



D. Construction

          1. The Applicant shall obtain and comply with the conditions of the National
             Pollutant Discharge Elimination System Waste Discharge Permit (NPDES
             Permit) issued for this project.

          2. Within the project limits3, all environmentally sensitive areas including, but
             not limited to, wetlands, wetland buffers, and mitigation areas shall be
             fenced with high visibility construction fence (HVF) prior to commencing
             construction activities. Construction activities include equipment staging,
             materials storage, and worker-vehicle parking. Note: This condition does
             not apply to activities such as pre-construction surveying and installing
             HVF and construction zone signage.

                   a. If the project will be constructed in stages4 a detailed description
                      and drawings of the stages shall be sent to Ecology for review at
                      least 20 days prior to placing HVF.
                   b. Condition D.2. shall apply to each stage.
                   c. All field staff shall be trained to: recognize HVF; understand its
                      purpose; and properly install it in the appropriate locations.
                   d. HVF shall be maintained until all work is completed for each
                      project or each stage of a staged project.

         3. All areas, not subject to condition D.2.,to be preserved shall be clearly
            marked (by site preservation line or flagging) prior to commencing
            construction activities. These areas shall be protected throughout
            construction oftlie project.

         4. Work in or near waters of the state shall be done in a manner that
            minimizes turbidity, erosion, and other water quality impacts.

         5. Fresh concrete or concrete debris shall not be allowed to enter waters of the
            state.

         6. All demolition debris, excess sediment, and other waste material shall be
            properly managed and disposed of in an upland disposal site approved by
            the appropriate regulatory authority.




3 Project limits include mitigation sites, staging areas, borrow sources, and other sites developed or used to support project
construction.                             .
4 A stage is part of a project that has been separated into at least two distinct areas to be built during separate timeframes.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23, 2008
Page 7 0/15



E. In-Water/Over-Water Work

General

       1. Riprap and other structural material shall be free of fines or other
          extraneous material.

       2. Placement of rip-rap shall be conducted in compliance with water quality
           standards for turbidity (Section D.I.) and WSDOT's Standard
          .Specifications for Road, Bridge, and Municipal Construction.

       3. Prior to entering I-90, decant water from the Keechelus 'Lake dredge
          material shall be allowed to drain from trucks. Decant water shall drain in
          an area that will not cause erosion.

       4. Turbid de-watering water associated with in-water work shall not be
          discharged directly to state waters. Such water shall be routed to an upland
          area for on-site settling or off-site disposal. The discharge from the upland
          areas shall meet the water quality criteria at the point of discharge.

       5. De-watering water associated with in-water work that has been tested and
          confirmed to meet water quality standards for turbidity and pH may be
          discharged directly to state waters. The discharge outfall method shall be
          designed and operated to prevent erosion or scour in the stream channel
          and banks and to riparian vegetation.

       6. No flocculants shall be used as a BMP for treatment of turbid water
          associated with in-wat~ work, without prior authorization from Ecology.

       7. Ifa diversion system is used, temporary sediment traps (e.g. sand bag
          check dams) shall be cleaned out and material removed from the stream
          channel before the stream is returned to its natural channel. Material that is
          removed shall not be allowed to enter state waters, including wetlands.

       8. Stream flow isolation work shall not scour the stream channel or banks of
          the waterbody in which the work is done.

       9. Prior to returning stream flow to the de-watered work area, adequate bank
          protection measures shall be in place.

       10. All materials used for the diversion systems (e.g. sand bags) shall be
           removed when that activity is complete, unless authorized by Ecology.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23,2008
Page 8 of15

       11. To minimize sediment releases into downstream waters, reintroducing
           water to the channel shall be done gradually and at a rate not exceeding the
           normal stream flow.

Bridge Removal or Replacement

       12. No structural materials may enter waters ofthe state during bridge
           demolition work.

       13. During demolition, all necessary equipment shall work above the ordinary
           high water mark and from banks, existing roads, or adjacent bridges, unless
           otherwise authorized by Ecology.

Culvert Replacement

       14. All culvert work shall be conducted in the dry or in isolation from the
           stream flow, unless authorized by Ecology.

       15. Culverts shall be ins~alled in a manner to avoid inlet scouring and prevent
           downstream bank erosion. (See the current WSDOT Hydraulics manual
           for standards)

       16. Fill associated with culvert installation shall provide protection from
           erosion to the lOO-yearpeak flow.



F., Water Quality Criteria and Monitoring

       1. Ecology concurs with th~ Applicant that this project is essential for public
          safety (which includes providing wildlife corridors to avoid vehicle-animal
          collisions). Ecology is granting the following mixing zones and finds that
          WSDOT's supporting information clearly indicates that the mixing zones
          would not have a reasonable potential to: 1) cause a loss of sensitive or
          important habitat; 2) substantially interfere with the existing or
          characteristic uses of the affected water bodies; 3) result in damage to the
          ecosystem; or 4) adversely affect public health.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23,2008
Page 9 0/15

                 a. Turbidity mixing zones are as follows:


                                                          .
     'Yat~r:;nC)~y';, ;i", , Action .'
                                              "               ".
                                                                   "Milln "Z()neDistance . •. ;Maximum ;,'.
     ... ' ......':<, ....•    :>                    ..
                                                                               •.. .•. , . •.,•..•. ~;.;" .•. Dllf~tiori'
                                                                   .i.,' .>;.;:~< •...'.'                                   ....
                                                                                                                            ."     '




     i.RockyRun                     Clear Span Bridge                1000 ft                           *30 hours

     ii.Wolfe Creek                 Bottomless                       600 ft                            *30 hours
                                    Culvert
     iii. Un-named                  Larger Culvert                   300 ft                            *30 hours
     Creek at MP 57.3
     iv.Resort Creek                Clear Span Bridge                1000 ft                           *30 hours

     v.Townsend                     Bottomless                      400 ft                             *30 hours
     Creek, North                   Culvert
     vi.Townsend                    Bottomless                      800 ft                             *30 hours
     Creek                          Culvert
     vii.Keechelus                  Material                        400 ft radius from point 30 days
     Lake                           Excavation                      of discharge into lake
                                    Removal
       *Not to exceed a total of30 hours for al1 activities combined that are listed in F.I.C, within each
       waterbody.

                 b. If any of the above creeks enter the lake before the end of the
                    allowed mixing zone distance, the compliance point will be a 400
                    foot radius from the point at which the creek enters the lake.

                 c. The mixing zones apply only during the following activities or
                    events:

                          1.        Placing the by-pass structure/isolation structure in the active
                                    channel.
                         ii.        Re-routing flow through by-pass.
                        iii.        Restoring flow through the new channel.
                        iv.         The first significant precipitation event or high flow channel
                                    event.
                         v.         The first lake reservoir inundation.

       2. The Applicant shall submit a Water Quality Monitoring and Protection
          Plan (WQMPP) to Ecology's Federal Project Coordinator and Brent Renfro
          at WDFW for review and approval at least 20 days prior to beginning in-
          water activities for each Phase of the project. In-water work is not
          authoriZed to begin until approval is received.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23, 2008
Page 10 of15

               a. The WQMPP shall include, at a minimum:

                       i. The name(s) and phone number(s) of the Pollution Control
                            inspector and the person responsible for on-site monitoring
                            and reporting.
                        ii. The specific BMP's and procedures to be used to protect
                            water quality during in-water activities.
                       iii. A water sampling plan for turbidity and pH, as appropriate.
                      IV. A map with numbered or named sampling locations
                            associated with the in-water activities that require
                            monitoring.

               b. A background sample shall be collected at the beginning of each
                  sample event.

               c. Ecology must approve, in writing, any changes or additions to the
                  WQMMP.

       3. All WQMMP monitoring results shall be submitted monthly to the Federal
          Project Coordinator per condition A.2.

       4. Mitigation and/or additional monitoring may be required if the monitoring
          results indicate that the water quality standards have not been met.

G. Stormwater

       1. WSDOT shall submit the final stormwater treatment system design to
          Ecology for review and approval at least ninety (90) days prior to the start
          of construction on Phase lA.

       2. Sixty (60) days prior to the project's completion, WSDOT shall submit a
          Stormwater Operation and Maintenance Manual to Ecology for review and
          approval.

H. Wetland Mitigation and Mitigation Monitoring

       1. The Applicant shall mitigate wetland impacts as described in the 1-90
          Snoqualmie Pass East Phase 1 Draft Wetlands and Aquatic Resources
          Mitigation Plan (Mitigation Plan) prepared by the WSDOT Mitigation
          Design Team, dated, October 2008, except as amended in this Order or
          revised and approved by Ecology.

       2. The Applicant shall submit and changes/updates to the mitigation plan in
          writing to Ecology (see A.2) for review and approval at least 60 days prior
Order #6299, Corps No. NWS-2007-2080-S0D
December 23,2008
Page 11 0/15

           to starting work for each Phase of project or immediately when problems
           occur during construction requiring plan changes. Work for each phase is
           not authorized to start unless approval is received.

       3. To ensure proper installation, the Applicant's wetland professional must
          supervise and inspect all mitigation sites to assure that construction and
          planting plans have been carried out per the mitigation plan specifications.

       4,. The Applicant shall provide Ecology with proof of purchase of the Upper
           Gold Creek West Preservation Site (Preservation Site) prior to starting
           construction on phase lA.

Implementation

       5. The Applicant shall ensure that all excess excavated material at the
          mitigation site is disposed of in an appropriate location outside of wetlands
          and their buffers and above the 100-year floodplain, unless authorized by
          Ecology.

       6. The mitigation plans should contain requirements for the use of plant
          materials with genotypes appropriate to the impact areas.

       7. The Applicant shall not use Polyacrylamide as a temporary erosion control
          BMP on exposed or disturbed soil at the mitigation site. .

       8. The Applicant shall ensure that no material is stockpiled within existing
          wetlands, streams or their buffers at the mitigation site at any time, unless
          included in the Ecology-approved mitigation plan.

       9. If seeding within wetlands and mitigation sites is used as a temporary
          erosion control BMP, it must be a wetland mix consisting of native, annual,
          and non-invasive plant species.

       10. The Applicant shall include a wetland mitigation area protection plan
           (specifying signage strategy, fencing, etc. as appropriate) for each wetland
           mitigation site, restoration and preservation area as part of the mitigation
           plan (s) referenced in condition HI. above. The plan shall be designed to
           ensure that the wetlands and their buffers will be given the protection
           necessary to allow the wetlands to develop and function properly,
           especially in those areas accessible to the public.

       11. Upon completion of site-grading and prior to planting each wetland
           module, the Applicant shall submit to Ecology written confirmation that
           the finished grades are consistent with the approved mitigation plan or
Order #6299, Corps No. NWS-2007-2080-S0D
December 23,2008
Page 12 0/15

           subsequent Ecology-approved plan changes. Written confinnation can be a
           signed letter from the surveyor or project engineer indicating how final
           elevations were confinned and whether they are consistent with the plan.

       12. Within 90 days of completing the construction and planting of the
           mitigation areas in each Phase, the Applicant shall submit a final as-built
           report with maps to Ecology. The as:"built report must:

              a. Document site conditions at Year Zero;
              b. Be submitted to Ecology per Condition A.2. and as an electronic'
                 file and one hard copy;
              c. Include the infonnation listed in Attachment B;
              d. Include documentation of Recorded Wetlands Notice, unless
                 Ecology provides written waiver of this requirement for a specific
                 wetland.

       13. If the mitigation projects required for each Phase are not completed within
           13 months of the completion of each construction phase, the Applicant
           shall submit a written mitigation construction status report and submit
           status reports every 12 months until mitigation construction and planting
           are complete and the final as-built report is submitted.

       14. Within 90 days of completing construction and planting in phase 2A and
           3A of the mitigation, the Applicant shall record a Wetlands Notice (see
           Attachment C), a copy of Ecology's. Order, and the as-built report. These
           documents must be recorded with the County Recording Office,
           appropriate state or federal agency, Registrar of Deeds, or other official
           responsible for maintaining records for, or interest in, real property.

Monitoring and Maintenance

       15. The Applicant shall water and maintain all plantings at the mitigation site'
           to meet the mitigation plan's perfonnance standards.

       16. The Applicant shall monitor the mitigation sites for a minimum of 10 years
           after planting.

       17. The Applicant shall use the monitoring methods as described in Chapter 5
           of the mitigation plan, and as described in each wetland module (Modules
           1 through 10 in chapter 4 ofthe wetland mitigation plan).

       18. The Applicant shall submit monitoring reports (one as an electronic file
           and one hard copy [see A.2.]) to Ecology documenting site conditions at
  Order #6299, Corps No. NWS-2007-2080-S0D
. December 23,2008
  Page 13 0115

            the mitigation sites for the years listed in the mitigation plan, and the
            reports must contain, at a minimum, the information in Attachment D.

        19. The Applicant shall implement the mitigation plan's contingency measures
            if goals, objectives, and performance standards are not being met.

        20. Prior to implementing unidentified contingency measures at the mitigation
            sites, the Applicant shall consult with Ecology.

        21. When necessary to meet the performance standards, the Applicant shall
            replace dead or dying plants with the same species, or a native plant
            alternative appropriate for the location, during the first available planting
            season and note species, numbers, and approximate locations of all
            replanted materials in the subsequent monitoring report.

        22. For monitoring years five and ten, the Applicant shall use the 1997
            "Washington State Wetlands Identification and Delineation Manual" (or
            as updated) to delineate all compensatory wetlands and include delineation
            information (e.g. data sheets, maps, etc.) in the monitoring reports.

        23. At the end of the monitoring period, the Applicant shall use the August
            .2004 "Washington State Wetland Rating System/or Eastern Washington"
             (or as updated) to rate all wetlands (except those that have been preserved),
             and include the information in the monitoring report.

        24. If the Applicant has not met all the conditions and performance standards at
            the end of the monitoring period, Ecology may require additional
            monitoring and/or additional wetland compensatory mitigation.

        25. The Applicant's responsibility to complete the required compensatory
            mitigation as set forth in Condition D .1. of this Order will not be
            considered fulfilled until they have received written verification from
            Ecology.                        .

I. Timing

        1. This order is valid until the Applicant meets all its requirement and
           conditions.

        2. In-water work is subject to a fishery closure window determined by
           Washington Department ofFish and Wildlife's Hydraulic Project Approval
           (HP A). All in-w!iter work shall be completed by the work window
           identified in the most current HPA issued for this project.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23, 2008
Page 140/15

J. Spills and Emergency/Contingency Measures

       1. The Applicant shall develop and implement a spill prevention and
          containment plan for all aspects of this project.

       2. The Applicant shall have adequate and appropriate spill response materials
          on hand to respond to an 'emergency release of petroleum products or any
          other material into waters of the state.

       3. Work that is out of compliance with this Order, conditions causing
          distressed or dying fish, discharges of oil, fuel, or chemicals into state
          waters or onto land with a potential for entry into state waters, is
          prohibited. If such work, conditions, or discharges occur, the Applicant
          shall comply with WSDOT's "Environmental Compliance Assurance
          Procedure for Construction projects and Activities ".and immediately take
          the following actions;

              a. Cease operations at the location of the violation.
              b. Assess the cause of the water quality problem and take appropriate
                 measures to correct the problem andlor prevent further
                 environmental damage.
              c. In the event of a discharge of oil, fuel, or chemicals into state
                 waters, or onto land with a potential for entry into state waters,
                 containment and cleanup efforts shall begin immediately and be
                 completed as soon as possible, taking precedence over normal
                 work. Cleanup shall include proper disposal of any spilled mateJjal
                 and used cleanup materials.
              d. Submit a detailed written report to Ec.ology within five (5) days that
                 describes the nature ofthe event, corrective action taken andlor
                 planned, steps to be taken to prevent a recurrence, results of any
                 samples taken, and any other pertinent information.

K. Appeal Process

You have a right to appeal this Order. To appeal this you must:
   • File your appeal with the Pollution Control Hearings Board within 30 days of the "date of
      receipt" of this document. Filing means actual receipt by the Board during regular office hours
   • Serve your appeal on the Department of Ecology within 30 days of the "date of receipt" of this
      document. Service may be accomplished by any of the procedures identified in WAC 371-08-
      305(10). "Date of receipt" is defined at RCW 43.21B.001(2).

Be sure to do the following:
   • Include a copy of this document that you are appealing with your Notice of Appeal.
   • Serve and file your appeal in paper form; electronic copies are not accepted.
Order #6299, Corps No. NWS-2007-2080-S0D
December 23,2008
Page 15 of15



 1. To file your appeal with the Pollution Control Hearing Board.
 Mail appeal to:                                              Deliver your appeal in person to:

     The Pollution Control Hearings Board               OR    The Pollution Control Hearings Board
     POBox 40903                                              4224 - 6th Ave SE Rowe Six, Bldg 2
     Olympia W A 98504-0903                                   Lacey, W A 98503

 2. To serve your appeal on the Department of Ecology.
 Mail appeal to:                                   Deliver your appeal in person to:

     The Department of Ecology                                The Department of Ecology
     Appeals Coordinator                                OR    Appeals Coordinator
     P.O. Box 47608                                           300 Desmond Dr SE
     Olympia: WA 98504-7608                                   Lacey, W A 98503
 3. And send a copy of your appeal packet to:

     Kerry Carroll
     Department of Ecology
     P.O. Box 47600
     Olympia, WA 98504-7600
For additional information: Environmental Hearings Office Website: http://www.eho.wa.gov
To find laws and agency rules:. Washington State Legislator Website: http://wwwI.leg.wa.govICodeReviser

Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in
accordance with RCW 43.21B.320. These procedures are consistent with Ch. 43.21B RCW.

Dated     :p~ c:..    ?-:,   1   1... C)o   e     at Lacey, Washington.




                                                Brenden McFarland, Section Manager
                                                Environmental Review and Transportation Section
                                                Shorelands and Environmental Assistance Program
Attachment A



                               Water Quality Certification
                               Statement of Understanding


I,                                ,state that, I will be involved as a Washington State Department of
Transportation (WSDOT) employee or an agent, contractor for WSDOT on the I~90, Hyak to
Keechelus Dam Project in Kittitas County, Washington. I further state that I have read and understand
the conditions of Washington Department of Ecology Water Quality Certification Order No.6299
issued for the project and the applicable permits and approvals referenced therein which pertain to the
project-related work for which I am responsible.




Signature                                                      Date




Company                                                        Phone number



 Address


 City, State, and Zip Code




       * This statement shall be signed by everyone involved in the project that has the authority
       to direct work and/or supervise project workers. per condition A.9. in the Water Quality
       Certification Order.
                                    Attachment B
                            Information for As-built Reports

                            1-90, Hyak to Keechelus Dam Project

                           Water Quality Certification Order # 6299
                                             And
                           Corps Reference # NWS-2007-2080-S0D


Background Information
1) Project name.
2) Ecology docket number and the Corps reference number.
3) Name and contact information for the parties responsible for the mitigation site including:
      a) The applicant.
      b) The landowner.
      c) Wetland professional on site during construction of the compensatory mitigation site.
4) Name and contact information for the party responsible for preparing the report.
5) Who the report was prepared for (name, address, and phone number) Hf different from
   number 3 above.} .
6) Month and year the report was produced.

The Development Site
7) Brief description of the development project. Include:
      a) Directions to the site.
      b) Month and year construction of the development project started and ended.
      c) Area (acres) and type(s) (rating category, HGM classification, and Cowardin
           classification) of wetlands that were actually impacted by the development project,
          including temporary impacts.

The Compensatory Mitigation Project
8) Brief description of the rmal compensatory mitigation project with any changes from the
    approved plan made during construction. Include:
       a) Directions to the site.
       b) Who completed the compensatory mitigationproject (name, address, and phone
           number.
       c) Acreage and type(s) (re-establishment, rehabilitation, creation, enhancement, and
           preservation) of mitigation authorized to compensate for wetland impacts.
       d) Important dates including:
               i. Month and year the wetland impacts occurred.
               ii. When work on the compensatory mitigation site began and ended.
               iii. When different activities began and ended such as grading, removal of
                    invasive plants, installing plants, and installing habitat features.
9) Description of any problems encountered and solutions implemented (with reasons for
    changes) during construction of the compensatory mitigation site.
Order #6299. Corps No. NWS-2007-2080-S0D.
December 23. 2008
Page 2 0/2

10) Any changes to the goals, objectives, and perfonnance standards of the compensatory
    mitigation project.
11) List of any follow-up actions needed, with a schedule.
12) Final site maps (8 112" x II" or larger) of the compensatory mitigation site(s) including the
    following (at a minimum).
        a) Geographic location of the site with landmarks;
        b) Clear delineation of the project perimeter(s);
        c) Topography (with a description of how elevations were determined),;
        d) Installed planting scheme (quantities, densities, sizes, and approximate locations of
            plants, as well as the source(s) of plant material);
        e) Location of habitat features;
        f) Location of permanent photo stations.
    The fimil site maps should reflect on-the-ground conditions after the site work is completed.
    Include the month and year when the maps were produced and, if applicable, when
    infonnation was collected.
13) Photographs of the site at as-built conditions taken from permanent photo stations. We
    recommend photo pans.
14) Copies of any records of deed notification or conservation easements.




Version 2.0
                                    Attachment C
                          Wetland Notice for Deed Notification

                              1-90, Hyak to Keechelus Dam Project

                            Water Quality Certification Order # 6299
                                              And
                            Corps Reference # NWS-2007-2080-S0D

Tax Parcel Number: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Legal Description: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

Legal Owner: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

NOTICE: This property contains wetlands as dermed by Chapter 36.70A030(20) RCW, Chapter 90.58.030
(2)(h) RCW and WAC 173-20IA-020. The property was the subject of an Ecology action under Chapter
90.48.260 RCW or Chapter 90.48.120(1) RCW.

_ _ _ _ _--:---::-_ _ _ _ _ _ _ _ _ _ _ _ _---:-_' issued on _ _ _ _ _ _ _ _:,20
      (Corps federal reference #)      Ecology Docket #

ro____~~~~----------fur------------------
        (Applicant Name)                                     (project Name)

Restrictions on use or alteration of the wetlands may exist due to natural conditions of the property and
resulting regulations. A copy of Ecology's Order and the site map from the fmal wetland mitigation plan
indicating the location of wetlands and their buffers is attached hereto.

EXECUTED this _ _ _ _ _ day of _ _ _ _ _ _ _:, 20 __.




State of Washington)
County of          )

I certify that I know or have satisfactory evidence that _-::--_--:---:-_ _ _--:---:-__
Signed this instrument and acknowledged it to be hislher free and voluntary act for the uses and purposes
mentioned in this instrument.

GIVEN under my hand an official seal this _ _ _ day of _ _ _ _ _ _,' 20 _ _.


                               NOTARY PUBLIC in and for the state of Washington,
                               residing at
_ _ _ _ _ _ _ _ _ _ _ _ _ _,.(Amended by Ord. 11200 § 50 (part), 1996)
                                  Attachment D
                    Required Information for Monitoring Reports

                             1-90, Hyak to Keechelus Dam Project

                            Water Quality Certification Order # 6299
                                              And
                            Corps Reference # NWS-2007-2080-S0D


Ecology requires the following information, for monitoring reports submitted under this Order.
Ecology will accept additional information that may be required by other regulators.

Background Information
1) Proj ect name
2) Ecology docket number and Corps reference number
3) Name and contact information ofthe parties responsible for the mitigation site including:
       a) The applicant
      b) The landowner
4) Name and contact information for the party responsible for the monitoring activities and
   report
5) Who the report was prepared for (name, address, and phone number) {~r differentfrom
   number 3 above.}
6) Month and year the monitoring data were collected
7) Month and year the report was produced

Mitigation Project Information
8) Brief description of the mitigation project including:
        a) Directions to the site
        b) Acreage and type(s) (re-establishment, rehabilitation, creation, enhancement, and
        preservation) of mitigation authorized to compensate for wetland impacts
9) Brief description of monitoring approach and methods.
10) A list of the goals and objectives for the mitigation project
11) Summary table of monitoring data compared with performance standards. Using the
    monitoring data, describe how the site is developing toward goals and objectives and whether
    the project is in compliance with performance standards
]2) Summary (including dates) of management actions (maintenance, contingencies, and
    corrective actions) implemented at the site(s)
13) Summary of any difficulties or significant events that occurred on the site that may affect the
    ultimate success of the project
14) Specific recommendations for any additional corrective actions or adaptive management
    with a time table
15) Summary of any lessons learned
16) Site maps (8 112" xII" or larger) of the compensatory mitigation site(s) including the
    following (at a minimum):
Order #6299. Corps No. NWS-2007-2080-S0D.
December 23. 2008
Page 2 of2

        a) The month and year when the maps were produced and, if appliCable, when
           information was collected
        b) The geographic location of the site with landmarks.
        c) Clear delineation ofthe project perimeter(s).
        d) Species, numbers, and approximate locations of all replanted material vegetation.
        e) Location of habitat features.
        f) Location of pennanent photo stations and location of any other photos.
        g) Location of sampling points or transects.
17) Photographs taken at pennanent photo stations (and other photographs as needed) from the
    most recent monitoring visit, which are dated and clearly indicate the direction from which
    the photo was taken. We recommend photo pans.




Version 2.0
                           APPENDIX F

                  Corps of Engineers 404 Permit




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
                               DEPARTMENT OF THE ARMY                            RECEIVED
                               SEATTLE DISTRICT, CORPS OF ENGINEERS
                                           P.O. BOX 3755
                                  SEATTLE, WASHINGTON 98124-3755                    MAR 05 2009
        REPLY TO
        ATTENTION OF                                                             SCR 1-90 OFFICE
                                                                               DOCUMENT CONTROL
Regulatory Branch
                                            MAR    4 2009


Washington State Department of Transportation
South Central Region
Jason Smith
P. O. Box 12560
Yakima, Washington 98909-1740

                                                             Reference: NWS-2007-2080-S0D
                                                                        Washington State
                                                                        Dept. of Transportation


Dear Mr. Smith:

       Enclosed is a Department of the Anny permit which authorizes performance of the work
described in your referenced application. You are cautioned that any change in the location or
plans of the work will require submittal of revised plans to this office for approval prior to
accomplishment. Deviation from the approved plans may result in imposition of criminal or
civil penalties.

        As a reminder, although the Corps will consider advanced mitigation for future phases of
the 1-90 Snoqualmie Pass East project, we have not, to date, evaluated the applicability of the
mitigation proposal to any future impacts that may propose to utilize the additional mitigation
proposed. Therefore, the Corps will not guarantee use of extra mitigation credit for future phases
of the 1-90 Snoqualmie Pass East project. Currently, there are 150.04 acres of upland
preservation left for future credit.

       Y our attention is drawn to General Condition 1 ofthe permit which specifies the
expiration date for completion of the work. Upon completing the authorized work, please fill out
and return the enclosed Certificate ofCompliance with Department of the Army Permit form.

      We are interested in your experience with our Regulatory Program and encourage you to
complete a customer service survey form. This form and information about our program is
available on our website at: www.nws.usace.army.mil (select "Regulatory" and then
"RegulatorylPermits").
                                             - 2 -




       If you have any questions, please contact Richard Pratt at (206) 764-6909 or via email at
Richard.I.Pratt@usace.army.mil.

                                                Sincerely,




Enclosure
                                DEPARTMENT OF THE ARMY PERMIT

Permittee: W A State Dept of Transportation                            Washington State Department of Transportation
                                                                       South Central Region
                                                                       Mr. Jason Smith
                                                                       P. O. Box 12560
                                                                       Yakima, Washington 98909-1740

Issuing Office: Seattle District                                       Permit No: NWS-2007-2080-S0D

NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee.
The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps).
having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the
commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: The project proposes to widen Interstate 90 (1-90) from 4-lanes to 6-lanes from Hyak to
Keechelus Dam (mile post 55.1 to mile post 60.9) in accordance with the plans and drawings dated September 16,
2008 attached hereto which are incorporated in and made a part of this permit. The proposed project is Phase 1 of
a larger 15 mile corridor project called the 1-90 Snoqualmie Pass East Project (MP 55.1 to MP 70.3).
The purpose of the project is to meet projected traffic demands, improve public safety, correct structural
deficiencies, and reduce avalanche and slope instability along a 6-mile stretch of 1-90 between the communities of
Hyak and Keeche/us Dam.

Work under Section 404 of the Clean Water Act jurisdiction includes the following:

    •      Permanent fill or otherwise affect 12.1 acres of emergent and shrub wetland.
    •      Temporarily fill or otherwise affect 11.68 acres of emergent, shrub, and forest wetland.
    •      Permanently fill or otherwise affect 44.43 acres of open water (38.3 acres of which are for material
           removal).
     •     Temporarily fill or otherwise affect 4.62 acres of open water.
     •     Permanently fill or otherwise affect 0.08 acres of streams.
     •     Temporarily fill or otherwise affect·1.14 acres of streams.
     •     Permanently fill of otherwise affect 10.57 acres of buffer.
     •     Temporarily fill or otherwise affect 6.06 acres of buffer.

Project Location: In wetlands and tributaries to the Yakima River, and Keechelus Lake (an impoundment of the
Yakima River), near Snoqualmie Pass, Kittitas County, Washington.

Permit Conditions:

         General Conditions:

     1.    The time limit for completing the work authorized ends on       ~·Ir!~e::JOd)/lf     you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for
consideration at least 1 month before the above date is reached.

       2.    You must maintain the activity authorized by this permit in good condition and in accordance with the
. terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity,
  although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should
  you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer,
  you must obtain a modification to this permit from this office, which may require restoration of the area.
WA State Dept of Transportation                                                                    NWS-2007-2080-S0D



      3.    If you discover any previously unknown historic or archeological remains while accomplishing the activity
authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal
and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing
in the National Register of Historic Places.

    4.    If you sell the property associated with this permit, you must obtain the signature of the new owner in the
space provided and forward a copy of the permit to this office to validate the transfer of this authorization.

      5.     If a conditioned water quality certification has been issued for your project, you must comply with the
conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the
certification is attached if it contains such conditions.

    6.    You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your
permit.

     7.    After a detailed and careful review of all the conditions contained in this permit, the permittee
acknowledges that, although said conditions were required by the Corps, nonetheless the permittee agreed to those
conditions voluntarily to facilitate issuance of the permit: the permittee will comply fully with all the terms of all the
permit conditions.

      Special Conditions:

The following Special Condition is added for general purposes:

    a.    You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors
          performing any of the authorized work.

The following Special Conditions are being added to the permit to ensure compliance with Endangered Species Act
and Essential Fish Habitat under the Magnuson-Stevens Fishery Conservation and Management Act:

     b.   You must implement and abide by the ESA requirements andlor agreements set forth in the 1-90
          Snoqualmie Pass East Biological Assessment, dated
          January 2008. The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not
          likely to adversely affect" based on this document on April 7. 2008 (NMFS Reference Number 2008/00134).
          NMFS will be informed of this permit issuance. Failure to comply with the commitments made in this
          document constitutes non-compliance with the ESA and your Corps permit. The NMFS is the appropriate
          authority to determine compliance with ESA.

     c.   This U.S. Army Corps of Engineers (Corps) permit does not authorize you to take a threatened or
          endangered species, in particular the Columbia River bull trout, northern spotted owl, and marbled murrelet.
          In order to legally take a listed species, you must have a separate authorization under the Endangered
          Species Act (ESA) (e.g .. an ESA SeCtion 10 permit, or ESA Section 7 consultation Biological Opinion with
          non-discretionary "incidental take" proviSions with which you must comply). The enclosed BO prepared by
          the U.S. Fish and Wildlife Service (USFWS) dated September 3, 2008, contains mandatory terms and
          conditions to implement the reasonable and prudent measures that are associated with the specified
          "incidental take" in the BO (USFWS Reference Number13260-2008-F-0070). Your authorization under this
          Corps permit is conditional upon your compliance with all of the mandatory terms and conditions associated


                                                             2
WA State Dept of Transportation                                                                   NWS-2007-2080-S0D


         with incidental take of the attached BO. These terms and conditions are incorporated by reference in this
         permit. Failure to comply with the commitments made in this document constitutes non-compliance with the
         ESA and your Corps permit. The USFWS is the appropriate authority to determine compliance with ESA.

   d.    In order to protect the Essential Fish Habitat (EFH) for Pacific salmon listed under the Magnuson-Stevens
         Fishery Conservation and Management Act (MSA), any conservation recommendations as agreed to by
         Federal Highway Administration and coordinated with NMFS are incorporated by reference in this permit.
         Failure to comply with the commitments made in this negotiation constitutes non-compliance with the MSA
         and your Corps permit.

    e.   In order to protect the listed threatened and endangered species in the project area, the permittee may
         conduct the authorized activities in the work window as agreed to and documented in writing through
         consultation by the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service (Services) in
         any year this permit is valid. If changes to the originally authorized work window are proposed, the
         permittee must re-coordinate these changes with the Services and receive written concurrence on the
         changes. Copies of the concurrence(s} must be sent to the U.S. Army Corps of Engineers, Regulatory
         Branch, within 10 days of the date of the revised concurrence.

The following Special Conditions are added to ensure implementation of the proposed mitigation measures:

    f.   The wetland areas created, restored, enhanced and preserved as compensatory mitigation for work
         authorized by this permit, shall not be made the subject of a future individual or general Department of the
         Army permit application for fill or other development, except for the purposes of enhancing or restoring the
         mitigation associated with this project. In addition, a description of the mitigation areas identified in the /-90
         Snoqualmie Pass East Phase 1, Final Wetlands and Aquatic Resources Mitigation Plan" dated February
         2009 will be recorded with the appropriate official charged with maintaining records on real property. Proof
         of recording must be provided to the Corps, Seattle District, Regulatory Branch no later than 60 days after
         completing the initial construction of each module of the mitigation.

    g.     A status report on the mitigation modules construction (1 through 9), including as-built drawings, must be
           submitted to the Corps, Seattle District, Regulatory Branch, no later than 13 months from the date of permit
           issuance. Annual status reports on mitigation construction are required until mitigation construction is
         . complete. This status report can be combined for all mitigation modules.

    h.    The permittee shall implement and abide by the mitigation plan "1-90 Snoqualmie Pass East Phase 1, Final
          Wetlands and Aquatic Resources Mitigation Plan" dated February 2009. Mitigation monitoring reports will
          be due years 1, 3, 5, 7, and 10 for modules 2, 3, 6, 8, and 9 from the due date of the as-built drawings of the
          mitigation modules. Mitigation monitoring reports will be due years 1, 2, and 3 for module 4 from the due
          date of the as-built drawings of the mitigation module. The implementation of the modules will determine
          when as-built drawings are required and when monitoring will begin. All reports must be submitted to the
          Corps, Seattle District, Regulatory Branch and must prominently display the reference number NWS-2007-
          2080-S0D. The mitigation monitoring reports must be submitted in the format shown on the enclosed
          "Mitigation Monitoring Report Format" dated August 3, 2006.

    i.    Your responsibility to complete the required compensatory mitigation as set forth in Special Condition "h"
          will not be considered fulfilled until you have demonstrated mitigation success and have received written
          verification from the U.S. Army Corps of Engineers for each mitigation module.




                                                             3
WA State Dept of Transportation                                                                      NW S-2007-2080-S0D


The following Special Conditions are being added to the permit to ensure compliance with Section 106 of the
National Historic Preservation Act:

     j.         The Memorandum of Agreement (MOA), "Memorandum of Agreement Between the Federal Highway
                Administration and the Washington State Historic Preservation Officer Regarding the 1-90 Snoqualmie Pass
                East Project, Kittitas County, Washington", shall be implemented in its entirety. Federal Highway
                Administration has been designated the lead federal agency responsible for implementing and enforcing the
                Memorandum of Agreement as signed. If you fail to comply with the implementation and associated
                enforcement of MOA, the Corps may determine that you are out of compliance with the conditions of the
                Department of the Army permit or authorization and suspend the permit or authorization. Suspension may
                result in modification or revocation of the authorized work.

Further Information:

1.        Congressional Authorities. You have been authorized to undertake the activity described above pursuant to:

          D       Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403).

          [8J     Section 404 of the Clean Water Act (33 U.S.C. 1344).

          D       Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C 1413).

2.        Limits of this authorization.

          a.      This permit does not obviate the need to obtain other Federal, State, or local authorization required by
law.

          b.      This permit does not grant any property rights or exclusive privileges.

          c.      This permit does not authorize any injury to the property or rights of others.

          d.      This permit does not authorize interference with any existing or proposed Federal project.

3.    Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the
following:

     a.           Damages to the permitted project or uses thereof as a result of other permitted activities or from natural
causes.

      b.  Damages to the permitted project or uses thereof as a result of current or future activities undertaken by
or on behalf of the United States in the public interest.

       c.   Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the
activity authorized by this permit.

          d.      Design or construction deficiencies associated with the permitted work.

          e.      Damage claims associated with any future modification, suspension, or revocation of this permit.



                                                                  4
WA State Dept of Transportation                                                                NWS-2007-2080-S0D


4.    Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the
public interest was made in reliance on the information you provided.

5.   Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require include. but are not limited to, the following:

     a.    You fail to comply with the terms and conditions of the permit.

     b.    The information provided by you in support of your application proves to have been false, incomplete. or
inaccurate (See 4 above).

      c.   Significant new information surfaces which this office did not consider in reaching the original public
interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where
appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply
with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.

6.   Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this
permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a
reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.




                                                            5
WA State Dept of Transportation                                                                 NWS-2007-2080o$0D


Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of
this permit.




X=S~-S:~
Washington State Department of Transportation                                          (DATE)

This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed
below.




                                                                                        (DATE)      ,




When the structures or work authorized by this permit are still in existence at the time the property is transferred, the
terms. and conditions of this permit will continue to be binding on the new owner( s) of the property. To validate the
transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have
the transferee sign and date below.




(TRANSFEREE)                                                                            (DATE)




                                                           6
                          APPENDIX G

             Forest Service Special Use Permit
     Forest Service Road Use Permit-USFS Road 5400
        Forest Service Road Use Permit-Road 4832




1-90
HYAK TO SNOWSHED VICINITY PHASE 1B -
ADD LANES AND BRIDGES
09Y019
              Forest Service Special Use Permit




1-90
HYAK TO SNOWSHED VICINITY PHASE 1B-
ADD LANES AND BRIDGES
09Y019
  Authorization 10: CLE0165                                                          FS.-2700-23 (03/06)
  Contact 10: CLE11 02                                                                OMB 0596-0082
  Use Code: 753



                                      U.S. DEPARTMENT OF AGRICULTURE
                                                Forest Service
                                                AMENDMENT
                                                    FOR
                                         SPECIAL USE AUTHORIZATION
                                            AMENDMENT NUMBER: 2
                                                                                                                       I
 This amendment is attached to and made a part of the special use authorization (identified above) issued to
 WA STATE DEPT. OF TRANS on 05/18/2007 which is hereby amended as .follows:
 The following work projects, as documented and included in the project folder, are authorized as
 applicable to the Interstate 90 Project, Phase 1B - Hyak to Snowshed Vicinity (Mile Post 55.1- Mile Post
 57.8). Locations of projects are within National Forest System lands (as identified below); however, fall
 outside of the authorized easement area (Letter of Consent, dated 8/18/2009).

 Work Projects:

 1. Upper Keechelus Lake Near Shore Habitat (UKLNSH) - NW % SE1/4 of Section 15, T.22N., R.11 E., W.M.
 2. Bio-Infiltration Swale - NW % SE 1A of Section is, T.22N., R.11 E.j W.M. .
 3. Gold Creek Stockpile Site - NE 1A SE % of Section 15, T.22N., R.11 E., W.M.
 4. Water Withdrawal from Along 1-90 - Sections 14,1.5,23,26, and 35, T.22N., R.11 E., W.M.
 5. Slope Construction between 1-90 Westbound and Forest Service Road 4832 - Sections 14,15,23, and 26J.
T.22N., R11 E., W.M.
 6. Re-Alignment of Forest Service Road 4832 - NE 1A SW1/4 and SE % SW % of Section 23 and Govt. Lots 1
    and 3 of Section 26, T.22N:, R.11 E., W.M.
7. Removal of Concrete Slab from Rocky Run Creek - SE % SW % of Section 23, T.22N., R.11 E., W.M.
8. Rock Blasting - Sections 26 and 35, T.22N., R.11 E., W.M.
9. Restoration Gold Creek and Rocky Run Creek - NE % SE % and SE % SE % of Section 15 and
    Govt. Lots 1 and 2 of Section 23, T.22N., R.11 E., W.M.

Use of the Keechelus Lake Boat Launch:

Authorization to temporarily close and/or utilize the boat launch facility at the north end of Keechelus Lake during
project construction. The boat launch will need to be closed during blasting operations to protect public safety.
The launch would be used to launch boats for placement and maintenance of construction BMPs, compliance
monitoring, etc. In addition, WSOOT is interested in making the launch area available to the contractor for
withdrawing water for construction during higher lake levels. WSOOT has acquired and transferred water rights to
Keechelus Lake. The closure and/or use of the boat ramp are subject to approval of a plan to inform the public.
The use of the boat ramp may also require a road use permit based on the level of use. Section 22, T.22 N.,
R.11E., W.M.

Work would be completed through a contract awarded by the WSDOT. The WSDOT is responsible for
interagency coordination during and up to contract completion.

Any changes or deviations from the work projects as defined in the contract applicable to each approved
project (noted above as 1-9) shall be approved by the Cl.e Elum District Ranger.



This amendment is authorized subject to:

                                                   Page 1 of 2
  * Approval of the final (100%) construction plans and 100% PSE plans.
  * Changes in the contract plans or changes affecting National Forest System lands must be approved
     by the 1-90.Project Coordinators and Cle Elum
   . District Ranger.
  * WSDOT agrees to restore all construction/mitigation sites. The 1-90 Project Coordinators and Cle Elum District
     Ranger must approval all roadside and mitigation site restoration plans and construction and PSE plans
    for future contract phases.

  This amendment is contingent upon compliance with the Federal Clean Water Act permits (Section 401
  and Section 404), USFWS Biological Opinion, WDFW Hydraulics Permit, and the 1-90 Snoqualmie Pass
  East FEIS-Appendix W.


  This Amendment is accepted subject to the conditions set forth herein, and to conditions N/A to N/A
  att clre ereto and made a part of this Amendment.




                 (Holder Signature)

        RANDY GILES, WSDOT Proje·ct Director                                                   JUDY HALLISEY, District Ranger
            (Name and Title)                                                                       (Name and Title)


                                                                                          <--~~,_O~r
                                                                         Date: -"SO::..:...·                   _____
  According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond
  to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information
. collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per response,
. Including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
  completing and reviewing the collection of information.

 The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color,
 national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited
 bases apply to all programs.) Persons with disabilities who require alternative means for communication of program Information
 (Braille, large print, aUdiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TOO).

 To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC
 20250-9410 or call (800) 975-3272 (voice) or (202) 720-6382 (TOO). USDA is an equal opportunity provider and employer.

 The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for
 information received by the Forest Service.




                                                                    Page 2 of 2
  Authorization ID: CLE0165
  Contact ID: CLEl102
  Use Code: 753

  Amendment to Special Use Permit CLE0165
  1-90 Snoqualmie Pass East           .
  Phase 18- Hyak to Snowshed Vicinity (MP55.1-MP57.8)

    1 - Upper Keechelus Lake Near Shore Habitat (UKLNSH)
   Development of the Upper Keechelus Lake Nearshore Habitat site designed to improve terrestrial
. habitat connectivity. The site aligns with the Gold Creek under-crossing stmctures. A portion of
   the material excavated during construction of the Gold Creek bridges and wildlife under-crossing
   structures will be placed within the boundaries of the site of which approximately 1.1 acres is
   waterward of the Keechelus Lake OHWM(elevation 2,510') within delineated wetlands.
   Embankment matelial will serve as a base on which a suitable substrate for proposed plantings
 . can be placed. Final grading, placement of habitat features (such as woody material, vegetation,
   and rocks), and a vegetation prescription (plant establishment) are included in the Upper
   Keechelus Lake Nearshore Habitat site described in the WARM Plan.
  NW IA SE IA of Section IS, T. 22 N., R. 11 E., W.M.

 2 - Bio-Infiltration Swale
 Construction of a bio-infiltration swale located between the UKLNSH site the Hyak maintenance
 facility. The swale will allow surface water run-off from the maintenance facility to be infiltrate
 into the soil prior to discharging to Keechelus Lake.
 NW % SE IA of Section IS, T. 22 N., R. 11 E., W.M.

3 - Gold Creek Stockpile Site
Usage of the previously used USFS staging/scaling area adjacent to the west side of the Gold
Creek CEA along FSR 4832. The site will be used for the storage of salvaged material and
stockpiling of other project material. WSDOT will excavate pre-existing compacted, non-native
material from this site prior to completion of the contract and then restore historical wetland
features within the site as part of the subsequent landscape and habitat contract.
NE Ij.i SE IA of Section IS, T. 22 N., R. 11 E., W.M.

 4 - Water Withdrawal from Along' 1-90
 Water withdrawal from Keechelus Lake between MP 55.16 and MP 58.08 from along 1-90.
WSDOT is pursuing a purchase or lease agreement fOTwater rights and will continue its
coordination with Ecology, USBR, WDPW and other agencies to secure water for project
construction. WSDOT will develop a withdrawal map and operation plan to help ensure fish
safety, minimize erosion, establish minimum and maximum withdrawal conditions. IfWSDOT is
successful in acquiring water rights, unused water will be placed in trust for in-stream flow and
further described in a future mitigation plan for the next phase of the project (Phase 2).The
attached Special Provision for water provides specifications on the use of a water meter and the
requirements for pumps, intakes, and screens that will be used by the contractor. See Attachment
4. Sections 14, 15,23, 26,35, T. 22 N., R. 11 E., W.M.

5 - Slope Construction Between 1-90WB and FSR 4832
Slope construction between westbound 1-90 and FSR 4832. Some of these areas extend beyond
the proposed right-of-way needed for maintenance and operation of the highway. All impacted
areas will be re-vegetated similar to those areas adjacent to it. WSDOT would like authorization
   for temporary occupancy of these areas in order to complete the work associated with the
   highway reconstruction. These areas have been identified on the Alignment and Site Preparation
   Plans. See Attachment 5.       .
   Sections 14, 15,23, 26, T. 22 N., R. 11 E., W.M.

   6 - Re-Alignment of Forest Service Road 4832
   Re-alignment of the FSR 4832. This is necessary due to the highway widening and the new
  alignment. The extent of the reconstruction begins approximately 1200 feet west of the Rocky'
  Run bridge and ends approximately 2000 feet east of the bridge. In total, the reconstruction is
  about 6/10 of a mile long. The re-alignment will raise and shift the road slightly to the north.
  Several design iterations have led to a design that imposes minimal impacts on the cabins within
  the Rocky Run Summer Home Tracts. As a benefit of this re-construction, the drainage coming
  off the cabin tracts and along the roadway will be improved, providing better capacity and
  function. In addition, several of the steep driveway approaches will be flattened to reduce the
  severity of the slopes. WSDOT has committed to maintaining the roadway such that it is
  passable by fire and emergency vehicles during the majority of its construction with full closures
  occurring on a very limited basis and with advance warning. Please see Attachment 6.
  NE 1.4 SW 1.4 and SE 1.4 SW 1.4 of Section 23 and Government Lots 1 and 3 of Section 26, T. 22
  N., R. 11 E., W.M.

  7 - Removal of Concrete Slab from Rocky Run Creek
  Removal of concrete slab, approximately 20 by 15 by 2 feet in size from the streambed of Rocky
. Run Creek, upstream of the Forest Service Road 4832. The slab removal work will occur during
  the stream diversion work in Rocky Run Creek when the stream is isolated within the temporary
  stream bypass. All concrete debris generated as part of the slab removal will be contained and
  removed from the streambed. Voids in the streambed created by the slab removal will be graded
  to match the new channel grading as shown in the Plans. Please see Attachment 8 for the contract
  special provision tllat addresses the slab removal.
  SE IA SW 1.4 of Section 23, T. 22 N., R. 11 E., W.Nt.

    8 - Rock Blasting
   Rock blasting within 1-90 right-of-way which will have impacts outside the ROW, generating
   approximately 500,000 cubic yards of material. Blasting will occur over mUltiple years dUling
   each work season (typically May - October) and is limited to occurring Monday through
   Thursday at sunset. A more precise schedule for blasting will be developed by the contractor but
   it is possible for him to perform blasting procedures each of those days if he so chooses. During
   blasting, both eastbound and westbound 1-90 traffic will be stopped a minimum of 1000 feet from
   the blast area. Recreation on Keechelus Lake within a 112 mile of the blast area (the exclusion
   zone) will also have to be restricted during blasting operations. The contractor will be
  responsible for maintaining this exclusion zone free of recreationalists when blasting. Due to the
  possible frequency and long-term nature of the blasting operations, placing a buoy line or other
  similar barrier is required. In addition, posting signs at the boat launch to inform users of the
  restrictions will likely be necessary. WSDOT would like the flexibility to work with USFS to
. manage recreation on the lake for public safety. Please see Attachment 9 for the rock blasting
  locations.
  Sections 26, 35, T. 22 N., R. 11 E., W.M.

9 - Restoration Gold Creek and Rocky Run Creek
Restoration of the Gold Creek floodplain and Rocky Run Creek downstream of 1-90, including
grading and restoration beyond the limits of the highway right-of-way. Due to the long-term
nature of restoration and fulfilling regulatory commitments, WSDOT would like authorization to
manage these sites until 2029 or until commitments at those sites are met. This permit only
applies to those activities described in Phase lB. The Gold Creek site is defined from the
eastbound alignment as the area encompassed by the following station-offsets: 1211+50,126' RT;
1213+20,240' RT; 1215+62,240' RT; 1217+00, 110' RT. The Rocky Run Creek site is defined·
from the eastbound alignment as the area encompassed by the following station-offsets: 1285+00,
180',264' RT; 1287+00,224', 180' RT. See Attachment 10 for the boundary limits for these two
areas.
NE IA SE IA and SE IA SE IA of Section 15 and Govemment Lots 1 and 2 of Section 23, T. 22 N.,
R. 11 E., W.M.
     Forest Service Road Use Permit-USFS Road 5400




1-90
HYAK TO SNOWSHED VICINITY PHASE 1B-
ADD LANES AND BRIDGES
09Y019
    9R6-FS-7700-41 (8195) U.S. Department of Agriculture - (Re: FSH 7709.59)Authority: Acts of October 13,1964, an
                      Forest Service R-6                   October 21, 1976
                ROAD USE PERMIT                                     (16U.S.C.S32-38and43U.S.C.1761-71)


Washington State Dept. of Transportation                                               1710 S. 24th Ave., Suite 100,
                                                                                       Yakima WA 98908


  (hereafter called the permittee) is hereby granted use of the following road(s) or road segments, andlor related
transportation facilities: Stampede Pass Road #54 in Sections 14, 15, and 23, T 21 N, R 12 E, W.M., from its
junction with Interstate 90 in Section ~3, to the stockpile site, a distance of 0.6 miles (Construction Phase 1B) on
the Wenatchee National Forest, subject to the provisions of this permit, including clauses 1 through 21, on page(s) 1
through 6 for the purpose of hauling ESTIMATED 80,000 cubic yards offill material from the Interstate 90
reconstruction, Section 23 T22N, RIlE, W.M.

The e~ercise of any of the privileges granted in this permit constitute acceptance of all the conditions of the permit.

       1. ROAD USE PERMIT FEES. The rate, for sharing under this permit is $N / A. Pennittee's share of
investment will be met as provided for in Clause 2.

The rate for sharing maintenance is shown in Clause 9.

          2-1.       WORK REQUIRED TO ACCOMMODATE PERMITTED USE. In accordance with this use, the
                     permittee shall perform the work described below and in accordance with plans and specifications
                     attached hereto:

                 a. There is no work required at this time, however the Forest Service and Washington State Dept'. of
                    Transportation shall agree to the condition of the asphalt surface prior to haul ~nd after an inspection
                    at the end of haul. The surface shall be left in a condtion equal to the pre-haul condition. Any
                    damage caused by haul will be repaired and any work required to restore roadway to pre-haul '
                    condtions will be performed and paid for by Washington State Dept. ofTransp0l1ation.


WORK PERFORMANCE SCHEDULE. Construction of required improvements or reconstruction will be completed
before hauling commences. (Work shall be performed in accordance with the attached schedule. In no case will haul be
allowed to exceed the value of completed work.) Credit will be allowed in the total of $ NI A, which is the engineering
estimate for the cost of the work, to be credited to the share to be borne by this permitted lise. In the event that permitted
use will exceed the value of required work performed, the difference between the value of permitted use and work
performed will be deposited in cash, as provided in clause 2-3.

     . 2-2. COOPERATNE WORK. Although not required to accommodate the use herein permitted, it is desirable
to the Forest Service and the permittee to have certain constmction or reconstruction work accomplished coincident to
use of the road.                                                                  '

          The pennittee shall perform the work described below in accordance with plans and specifications attached
hereto.

        Upon satisfactory performance, credit will be allowed in the total of $ NIA to the share to be borne by the
permittee.
        2-3. CASH DEPOSITS REQUIRED IN LIEU OF WORK PERFORMANCE. The permittee will deposit $
N/A with the Forest Service on or before NIA. The amount deposited will be credited to the share to be borne by the
permittee.

         2-4. ROAD USE FEE. In consideration for this use, the permittee shall deposit with the Forest Service, the
sum of N/A (and thereafter in individual deposits, equivalent to estimated charges before next payment is made, as
called for by the Forest Service in advance of current road use). When preferred bya permittee, a payment guarantee
may be furnished in lieu of advance deposits.


        This permit is accepted subject to all of its terms and conditions.


ACCEPTED
                          Randall S. Giles, PoE.
Permittee (Name and Signature)                                                                          Date



ACCEPTED

                                                                                                     OG Od 09
Issuing                                                               Title: District Ranger             Date
PAYMENT GUARANTEE. Not withstanding the provisions of clause 1, if the permittee furnishes and maintains an
acceptable payment bond in a penal sum of not less than $ NtA guaranteeing payments for road use up to this amount, or
in lieu thereof deposits in a Federal depository, through the Regional Fiscal Agent, and maintains therein negotiable
securities of the United States having a market value in like sum and agreement authorizing the bond approving officer to
sell or collect such secllrities if payment is not made within    NtA ()days of request therefore, the Forest Service
shall permit road use in advance cif cash payment up to the penal sum of such bond, or market value at time of deposit of
negotiable securities; provided that regardless of penal sum of such payment bond, or the value of such deposited
securities, the pennittee shall pay cash within      NtA () days of request therefor, for all performed road use. If any
payment is not received within NtA( ) days of request therefor, the Forest Service may suspend all hauling under this
permit until payments due are received, and may take such action as is necessary to collect sllch payments from the
payment guarantee surety, or by sale or collection of securities guaranteeing payments. In the event the pennittee fails to
make payment and coJlection is obtained from the surety, or from the sale or collection of the deposited secwities, the
Forest Service may thereafter require the permittee to make payments in advance of road use.

         3. USE PLANS. PlioI' to USE each year this permit is in effect, permittee shall notify the DISTRICT RANGER
in writing of the approximate time when such use will commence, the anticipated duration of such use, the names and
addresses of perm ittee's contractors or agents who will use the road on behalf of permittee, the estimated extent of use,
and such other information relative to permittee's anticipated use as the Forest Service may from time to time reasonably
request. If and when during the year there is any significant change with respect to the information so supplied by
permittee, the permittee will notify the DISTRICT RANGER promptly in writing of such change. Plans and changes
will be approved by the DISTRICT RANGER before use may commence.

        4. USE RECORDS. The permittee shall QUARTERLY, or at other Fo~t Service approved intervals when the
permittee is hauling over this road, furnish the DISTRICT RANGER scale records, or. other records satisfactory to the
DISTRICT RANGER which give the volume of road use in terms related to rates in clause 1 under the authority of this
permit.

         5. COMPLIANCE WITH LAWS AND REGULATIONS. The permittee, in exercising the privileges granted
by this pennit, shall comply with the regulations of the Department of Agriculture and all Federal, State, county and
municipal laws, ordinances, or regulations which are applicable to the area, or operations covered by this permit.

        6. USE NONEXCLUSIVE. The pllvileges granted in this permit to use this road are not exclusive. The Forest
Service may use this road and authorize others to use it at any and all times. The permittee shall use said road in such
manner as will not unreasonably or unnecessarily interfere with the use thereof by other authorized persons, including
Forest Service.

         7. RULES GOVERNlNG USE. The permittee, its agents, employees, contractors or employees of contractors,
shall comply with all reasonable lUles prescribed by the Forest Service for control and safety in the use of this toad and to
avoid undue damage to the road. Such lUles are included in the Wenatchee National Forest Road Rules (attached) and
will include:

        (1) Closing the road or restricting its use when, due to weather conditions or the making of alterations or repairs,
        unrestricted use would, in Forest Service judgment, cause excessive damage, or create hazardous conditions;

        (2) Closing the road during periods when, in Forest Service judgment, there is extraordinary fire danger;

        (3) Traffic controls, which in Forest Service judgment, are required for safe and effective use of the road by
authorized users thereof;

        (4) Prohibiting the loading of logs on tmcks while such tmcks are standing on the roadway surface, except to
recover lost logs; and
         (5) Prohibiting the operation on this road of any vehicles or equipment having cleats or other tracks which will
injure the surface thereof,

       (6) Prohibition on the operation of log-hauling vehicles (of a width in excess of STATE LEGAL LIMITS and a
gross weight of vehicles and load in excess oftegal highway loads in the State.

        (7) Regulating the number of vehicles so as to prevent undue congestion of this road. Hauling is permited
during non-daylight hours with proper signing. Haul is not permitted on holiday weekends such as 4th of July and Labor
Day from Friday at 5:00 pm till Tuesday at 6:00 am.

       (8) Prohibiting the use of an "active ingredient" as defined in Section 2 of the Fedeml Insecticide, Fungicide, and
Rodenticide Act, as amended (86 Stat. 973), in violation of said act on the land desctibed in this permit.

       (9) Other - Specify (Optional) Permittee shall post the road or roadways with signs conforming to the Manual
on Uniform Traffic Devices as listed below:
  Caution Trucks, Notification to Users of Haul (post a minimum 2 weeks prior to baul)

   8. INSURANCE. Permittee or his contractors and assigns shall be required to carry public liability and property
damage insurance for the operation of vehicles in the amounts established by applicable state laws, cooperative
agreements, or easements issued on the subject road or roads. In any event, the pelmittee must cany liability insurance
and property damage insurance of not less than $250,000 for injury or death to one perso~, $500,000 for injury or death
to two or more persons, and $250,000 for damage to property for split coverage or $750,000 for combined single limit
coverage. The permittee itself shaH be responsible for furnishing to the DISTRICT RANGER proof of satisfactory
insurance when said insurance is to be furnished by other than the permittee. Proof of satisfactory insurance may be
required by the DISTRICT RANGER prior to hauling over the road(s) and will be for the duration of the pemiit and such
insurance policy shall bear an endorsement requiring the issuing company to give 10 days prior written notice to the
DISTRICT RANGER of cancellation or material change.

9. MAINTENANCE. The permittee shaH bear the expense of maintenance proportionate to his use. This expense will
be borne by petformance as specified under Clause 9a.

When deposit or paymeots are required in lieu of petformance of maintenance, the rate will be N / A which is agreed to
be the cost of such works; the deposits or payments to be made at such times and in such amounts as requested by the
FOREST SERVICE. Provided, how-ever, that the rate shall be revised upward or downward on JANUARY 1 of each
year hereafter, l,>ased on estimated costs and uses anticipated; Provided further, that payment shall not relieve the
permittee from liability for repair of damages due to carelessness or negl igence on its part or on the part of its contracts
or agents.

Maintenance shall be performed in accordance with Forest Service specifications or requirements for maintenance as
hereinafter listed, or as may be mutually agreed upon from time to time and shall consist of (I) current maintenance as
necessary to preserve, repair, and protect the roadbed, surface and ail structures and appmtenances, and (2) resurfacing
equivalent in extent to the wear and loss of surfacing caused by operations authorized by this permit.

9a. MAINTENANCE AND RESURFACING REQUIREMENTS AND SPECIFICATIONS. (Specify)
Permittee will assume maintenance of the roads authorized for use according to the following specifications (posted
on line at http://www.fs.fed.usldatabase/acad/om/pbmaintenance_specs.htm):

Specification                            Name                                     Notes
814.1                                    Pothole Patching                         As needed l
814 .. 2                                 Skin Patching                            As neededl
814.6                                    Paved Surface Cleaning                   Surface shall be kept free of rocks
                                                                                 and mud tracked onto surface from
                                                                                 haul vehicles
872.11                                   Sign Maintenace                         Perform as Non-traffic generated
                                                                                 share
                                                                                            l
FP-03 634 Type A                         Striping                                As needed
FP-03414                                 Crack & Joint Sealing                   As needed l

ISee additional provisions requirement


  10. PERFORMANCE BOND. In the event the permittee is to perform his proportionate share of road maintenance,
road resurfacing, or betterment, as determined and within time periods established by the Forest Supervisor, the Forest
Service may require as a fm1ber guarantee of the faithful performance of such work that the permittee furnish and
maintain a surety bond satisfactory to the Forest Service in the slim ofdo liars ($0.00),
or in liell of a surety bond, deposit into a Federal depository, as directed by the Forest Service, and maintain therein cash
in the sum of NtA dollars ($NtA), or negotiable securities of the United States having market value at time of deposit of
not less than ($0.00). As soon "as security for the performance of road maint~nance (and betterment) requirements or
the settlement of claims incident thereto is completed, unencumbered cash guarantees or negotiable securities deposited
in lieu of surety bond will be returned to tht: permittee.

  11. FIRE PREVENTION AND SUPPRESSION. The permittee shall take all reasonable precautions to prevent and
suppress Forest fires. No material shaH be disposed of by burning in open ftres during the closed season established by
law or regulation without a permit from the Forest Service.

  12. DAMAGES. The permittee shall exercise diligence in protecting from damage the land and property of the United
States covered by and used in connection with this permit, and promptly upon demand shall pay the United Sates for any
damage resulting from negligence, or from violation of the terms of this permit or of any law or regulation applicable to
the National Forests, by the permittee, or by his agents, contractors, or employees of the permittee acting within the scope
of their agency, contract, or employment.

  13. OFFICIALS NOT TO BENEFIT. No member of, or delegate to, Congress or Resident Commissioner shall be
admitted to any share or palt of this agreement, or to any benefit that may arise herefrom, unless it is made with a
corporation for its general benefit.

  14. OUTSTANDING RIGHTS. This permit is subject to all outstanding rights.

  15. SUSPENSION. Upon the failure of the permittee, its agents, employees, or contractors to comply with any of the
requirements of this permit, the officer issning the permit may suspend operations in pursuance of this permit.

  16. TERMINATION. This pennit shall terminate on JANUARY 1,2010 unless extended in writing by the Forest
Service. It may be terminated upon breach of any conditions herein.

  17. CLAUSE CONTROL. In the event of any conflict between any of the preceding printed clauses or any provision
thereof and any of the following clauses or any provisions thereof, the following clauses will control.

  18. SAFETY. Unless otherwise agreed in writing, when permittee's operations are in progress adjacent to or on Forest
Service controlled roads and trails open to public travel, permittee shall provide the use with adequate warning of
hazardous or potentially hazardous conditions associated with permittee's Operation. A specific traffic control plan for
each individual project shall be agreed to by permittee and Forest Service prior to commencing operations. Devices shall
be appropriate to current conditions and shall be covered or removed when not needed. Except as otherwise agreed,
flaggers and devices shall be as specified in the "Manual on Uniform Traffic Control Devices for Streets and Highways"
(MUTCD), and in specifications attached hereto.
 19. DRIVER'S COPY. Drivers of all vehicles bauling logs shall have a copy of page 1 .of this agreement in their
possession. This agreement will be presented, on request, to any Forest Officer.

 20. LOAD MARKING. Unless approved otherwise in writing by the District Ranger, all wood products shall be
painted with a blue letter "P" on each log across the top layer on the front and back of the load.

 21. SNOW REMOVAL. Snow plowing will not be allowed without written permission.




                                            ADDITIONAL PROVISIONS


   a.   CLEANING OF EQUIPMENT To prevent the introduction of seeds of noxious weeds onto National Forest
        land, Permitee shall ensure all equipment moved onto or through National Forest land is free of soil, seeds,
        vegetative matter, or other debris that could contain or hold seeds. Contractor shall employ whatever cleaning
        methods necessary to ensure compliance with the terms of this requirement. Permittee shall certify in writing,
        compliance with the terms of th is requirement prior to beginning work. For the purposes of this requirement,
        "equipment" includes all construction or hauling equipment except pickup trucks, cars, or other vehicles used to
        daily transport personnel.


   b. Forest Service and Washington State Dept. of Transportation shall agree to the condition of the asphalt
      surface prior to haul and after an inspection at the end of haul. The surface shall be left in a condtion equal
      to the pre-haul condition. Any damage caused by haul will be repaired and any work required to restore
      roadway to pre-haul condtions will be performed and paid for by Washington State Dept. of Transportation.


   c. Inspections will be made during haul to determine maintnence needs such as repairing potholes.
                                WENATCHEE NATIONAL FOREST ROAD RULES


This document has been prepared to alert Forest road lIsers of the numerous Federal and State requirements governing the
lise of National Forest roads. The following Road Use Rules summarize the most important regulations and restrictions
governing use of Forest Service roads:

1. All Forest roads are subject to short-term traffic restrictions or closures due to weather and subgrade condition, user
safety, or when necessary to permit reconstruction and maintenance, or to provide long-telm closures to comply with
adjacent land management objectives. The commercial use of any Forest Service road will be permitted by permit only.

2. Damaging and leaving in a damaged condition, any road, road segment or traffic control device is prohibited.
Reference 36 CFR 261.12(d). Damage is exclusive of ordinary wear req1,liring road maintenance as described in
                              .
contracts, permits, or road maintenance agreements .

      Following are examples of road damage:

      a. Destruction of road prism including ditches, surfacing subgrade, base course, backslopes or fillslopes.

  b. Deforming or breaking bridge rails, guardrails, culverts, signs or signposts, markers or other structures.

      c. Lug or cleat marks on a bridge or road surface that is constructed from asphalt, concrete, wood, or metal.

3. The provisions of the Revised Code of Washington, Chapter 46.61 (RCW), relating to the operations of motor vehicles,
are applicable to all Forest Service roads on the Wenatchee National Forest and are enforceable by State or County law
officers.

4. The load, weight, height, length, and width limitations of vehicles on National Forest roads shall be in accordance with
Section 46.44 (RCW) of the motor vehicle laws of the State of Washington and will be enforced under Federal
Regulations. Exceptions to this rule will occur only when signs giving notice thereof have been posted on the- road or
when a specific written authorization, permit, or order provides otherwise.

      Some bridges are not structurally adequate to handle normal highway loadings cited 'in Section 46.44(RCW).
      These bridges are posted with signs which give the legal notice of the reduced limits. Refer to 36 CFR 261. 12(a).

      Application for overload or variance permits on roads or bridges must be made through the District Ranger with an
      adequate time allowance for processing. Permit Applications are advised that a 10 to 15 day pedod is usually
      required to process an application.


5. Commercial use will be permitted on any Forest Service road only when authorized by permit, contract, easement,
deed, or other written agreement. All commercial-use requests will be initiated through the District Ranger. This rule
will be enforced under 36 CFR 261.54(c).

6. Commercial use of a National Forest Road by·any permittee or contractor must be suspended when such use will cause
damage to the roads or National Forest Resources, or when such lise will result in unsafe conditions to others. Such
suspension shall be effective· when the commercial user is notified in writing or by road closures posted on the road per
Regulation 36 CFR 261.54(b).

7. Snowplowing will only be permitted by specific provision in each 'permit, contract provision, or other written
agreement. Other snowplow permits and authorization may be used by the District Ranger.
         Forest Service Road Use Perm it-Road 4832




1-90
HYAK TO SNOWSHED VICINITY PHASE 1B -
ADD LANES AND BRIDGES
09Y019
    9R6-FS-7700-41 (8/95) U.S. Department of Agriculture-             (Re: FSH 7709.59)Authority: Acts of October 13,1964,
                      Forest Service R-6                                                  October 21,1976
                ROAD USE PERMIT                                               (16 U.S.C. 532-38 and 43 U.S.C. 1761-71)


Washington State Dept. of Transportation                                   1710 S. 241h Ave., Suite 100,
                                                                           Yakima WA 98908


 (hereafter called the permittee) is hereby granted use of the following road(s) or road segments, andlor related
transportation facUities: Keechelus Frontage Road #4832 in Sections 14, 15 and 23, T 22 N, R 11 E, W.M., from its
junction with Interstate 90 in Section 14, to the reconstructioillocation, a distance of 1.6 miles (Construction .
Phase IB) on the Wenatchee National Forest, subject to the provisions of this permit, including clauses 1 through 21,
on page(s) 1 through 6 for the purpose of hauling an ESTIMATED 30,350 tons of material and an ESTIMATED
104 MBF for the reconstruction of approximately 0.5 miles of FSR 4832 to facilitate the reconstruction ofI-90. The
104 MBF will be hauled to Gold Creek Stockpile site Section 14, T 22 N, R 11 E, W.M for reclaimation purposes.

The exercise of any of the privileges granted in this permit constitute acceptance of all the conditions of the permit.

       1. ROAD USE PERMIT FEES. The rate for sharing under this permit is $N/A. Permittee's share of
investment will be met as provided for in Clause 2.

The rate for sharing maintenance is shown in Clause 9.

          2-1.   WORK. REQUIRED TO ACCOMMODATE PERMITTED USE. In accordance with this use, the
                 permittee shall pelform the work described below and in accordance with plans and specifications
                 attached hereto:

                 a.) Repair damage on FSR 4832 at mile post 0.2 to facilitate hauling. Remove existing AC surfacing,
                 replace eroded base course, and replace 4" hotmix ashpalt surfacing. Area repaired - 13'x 190' &
                 8'x 25'. Work shall be in accordance with FP-03 standards.


WORK PERFORMANCE SCHEDULE. Construction of required improvements or reconstruction will be completed
before hauling commences. (Work shall be performed in accordance with the attached schedule. In no case will haul
be allowed to exceed the value of completed work.) Credit will be allowed in the total of $ N/A, .which is the
engineering estimate for the cost of the work, to be credited to the share to be borne by this permitted use. In the event
that permitted use will exceed the value of required work performed, the difference between the value of pennitted use
and work performed will be deposited in cash, as provided in clause 2-3.

        2-2. COOPER ATIVE WORK. Although not required to accommodate the use herein permitted, it is
desirable to the Forest Service and the pennittee to have certain construction or reconstruction work accomplished
coincident to use of the road.

          The permittee shall perfonn the work described below in accordance with plans and specifications attached
hereto.

        Upon satisfactory performance, credit will be allowed in the total of $ NI A to the share to be borne by the
permittee.
        2-3. CASH DEPOSITS REQUIRED IN L1EU OF WORK PERFORMANCE. The permittee will deposit $
NIA with the Forest Service on or before NIA. The amount deposited will be credited to the share to be borne by the
pelmittee.

        2-4. ROAD USE FEE. In consideration for this use, the permittee shall deposit with the Forest Service, the
sum of N/A (and thereafter in individual deposits, equivalent to estimated charges before next payment is made, as
called for by the Forest Service in advance of current road use). When prefened by a permittee, a payment guarantee
may be furnished in lieu of advance deposits.



     This permit is ~~~
ACCEPTED


P ermlttee (Narne and S·
     .                       Randa1l
                       l~m:are)
                                       S. GiTes, PoE.   Date




ACCEPTED               \   At
  _        u(Lu     t~vY.H
~run. Si~             and                 Title: District Range<   Date
PAYMENT GUARANTEE. Not withstanding the provisions of clause 1, if the permittee furnishes and maintains an
acceptable payment bond in a penal sum of not less than $ N/A guaranteeing payments for road use up to this amount,
or in lieu thereof deposits in a Federal depository, through the Regional Fiscal Agent, and maintains therein negotiable
securities of the United States having a market value in like sum and agreement authorizing the bond approving officer
to sell or collect such securities if payment is not made within        NtA      ()days of request therefore, the Forest
SelVice shall permit road use in advance of cash payment up to the penal sum of such bond, or market value at time of
deposit of negotiable securities; provided that regardless of penal sum of such payment bond, or the value of such
deposited securities, the permittee shall pay cash within        NtA () days of request therefor, for all performed road
use. Ifany payment is not received within NtA() days of request therefor, the Forest Service may suspend all hauling
under this permit until payments due are received, and may take such action as is necessary to collect such payments
from the payment guarantee surety, or by sale or collection of securities guaranteeing payments. In the event the
permittee fails to make payment and collection is obtained from the surety, or from the sale or collection of the
deposited securities, the Forest SelVice may thereafter require the permittee to make payments in advance of road use.

        3. USE PLANS. Prior to USE each year this permit is in effect, permittee shall notify the DISTRICT
RANGER in writing of the approximate time when such use will commence, the anticipated duration of such use, the
names and addresses -of permittee's contractors or agents who will use the road on behalf of permittee, the estimated
extent of use, and such other information relative to petmittee's anticipated use as the Forest Service may from time to
time reasonably request. If and when during the year there is any significant change. with respect to the information so
supplied by permittee, the permittee will notify the DISTRICT RANGER promptly in writing of such change. Plans
and changes will be approved by the DISTRICT RANGER before use may commence.

        4. USE RECORDS. The permittee shall QUARTERLY, or at other Forest SelVice approved intervals when
the permittee is hauling over this road, furnish the DISTRICT RANGER scale records, or other records satisfactory to
the DISTRICT RANGER which give the volume of road use in terms related to rates in clause 1 under the authority of
this permit.

        5. COMPLIANCE WITH LAWS AND REGULATIONS. The permittee, in exercising the privileges granted
by this permit, shall comply with the regulations of the Department of Agriculture and all Federal, State, county and
municipal laws, ordinances, or regulations which are applicable to the area, or operations covered by this permit.

        6. USE NONEXCLUSIVE. The privileges granted in this permit to use this road are not exclusive. The
Forest Service may use this road and authorize others to use it at any and all times. The permittee shall use said road in
such manner as will not unreasonably or unnecessarily interfere with the use thereof by other authorized persons,
including Forest Service.

        7. RULES GOVERNlNG USE. The pennittee, its agents, employees, contractors or employees of contractors,
shall comply with all reasonable rules prescribed by the Forest SelVice for control and safety in the use of this road and
to avoid undue damage to the road. Such rules are included in the Wenatchee National Forest Road Rules (attached)
and will include:                                                                              .

        (1) Closing the road or restricting its use when, due to weather conditions or the making of alterations or
        repairs, unrestricted use would, in Forest SelVice judgment, cause excessive damage, or create hazardous
        conditions;

        (2) Closing the road during periods when, in Forest Service judgment, there is extraordinary fire danger;

        (3) Traffic controls, which in Forest Service judgment, are required for safe and effective use of the- road by
authorized users thereof;
        (4) Prohibiting the loading of logs on trucks while such trucks are standing on the roadway surface, except to
recover lost logs; and

         (5) Prohibiting the operation on this road of any vehicles or equipment having cleats or other tracks which will
injure the surface thereof,

        (6) Prohibition on the operation of log-hauling vehicles .(o~ a width in excess of STATE LEGAL LIMITS and
a gross weight of vehicles and load in excess of legal highway loads in the State.

        (7) Regulating the number of vehicles so as to prevent undue congestion of this road. Hauling is permited
during non-daylight hours with proper signing. Haul is not permitted on holiday weekends such as 4th of July and
Labor Day from Friday at 5:00 pm till Tuesday at 6:00 am.

       (8) Prohibiting the use of an "active ingredient" as defined in Section 2 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended (86 Stat. 973), in violation of said act on the land deS"cribed in this permit.

       (9) Other - Specify (Optional) Permittee shall post the road or roadways with signs conforming to the Manual
on Uniform Traffic Devices as listed below:
 Caution Tmcks, Notification to Users of RanI (post a minimum 2 weeks prior to haul)

   8. INSURANCE. Permittee or his' contractors and assigns shall be required to carry public liability and property
damage insurance for the operation of vehicles in the amounts established by applicable state laws, cooperative
agreements, or easements issued on the subject road or roads. In any event, the permittee must carry liability insurance
and property damage insurance of not less than $250,000 for injury or death to one person, $500,000 for injury or death
to two or more persons, and $250,000 for damage to property for split coverage or $750,000 for combined single limit
coverage. The permittee itself shall be responsible for furnishing to the DISTRICT RANGER proof of satisfactory
insurance when said insurance is to be furnished by other than the permittee. Proof of satisfactory insurance may be
requu"ed by the DISTRICT RANGER prior to hauling over the road(s) and will be for the duration of the permit and
such insurance policy shall bear an endorsement requiring the issuing company to give 10 days prior written notice to
the DISTR1CT RANGER of cancellation or material change.

9. MAINTENANCE. The permittee shall bear the expense of maintenance proportionate to his use. This expense will
be borne by pelformance as specified under Clause 9a.

When deposit or payments are required in lieu of performance of maintenance, the rate will be N/A which is agreed to
be the cost of such works; the deposits or payments to be made at such times and in such amounts as requested by the
FOREST SERVICE. Provided, how-ever, that the rate shall be revised upward or downward on JANUARY 1 of each
year hereafter, based on estimated costs and uses anticipated; Provided further, that payment shall not relieve the
permittee from liability. for repair of damages due to carelessness or negligence on its palt or on the part of its contracts
or agents.

Maintenance shall be performed in accordance with Forest Service specifications or requirements for maintenance as
hereinafter listed, or as may be mutually agreed upon from time to time and shall consist of (1) current maintenance as
necessalY to preserve, repair, and protect the roadbed, surface and all structures and appurtenances, and (2) resurfacing
equivalent in extent to the wear and loss of surfacing caused by operations authorized by this permit.

9a. MAINTENANCE AND RESURFACING REQUIREMENTS AND SPECIFICATIONS. (SpecifY)
Permittee will assume maintenance of the roads authorized for use according to the following specifications (posted
on line at http://www.fs.fed.us/database/acad/om/pbmaintenance_specs.htm):

                                        Name
                                        Pothole Patchin
 814 ..2                                  Skin Patching                         Asneeded 1
 814.6                                    Paved Surface Cleaning                Surface shall be kept free of rocks
                                                                                and mud tracked onto surface from
                                                                                haul vehicles
 872.11                                   Sign Maintenace                       Asneeded1
 FP-03 634 Type A                         Striping                              Asneeded 1

 ISee additional provisions requirement


   10. PERFORMANCE BOND. In the event the permittee is to perform his propOltionate share of road maintenance,
 road resurfacing, or betterment, as determined and within time periods established by the Forest Supervisor, the Forest
 Service may require as a further guarantee of the faithful performance of such work that the permittee furnish and
 maintain a surety bond satisfactory to the Forest Service in the sum ofdollars ($0.00),
 or in lieu of a surety bond, deposit into' a Federal depository, as directed by the Forest Service, and maintain therein
 cash in the sum of N/A dollars ($N/A), or negotiable securities of the United States having market value at time of
 deposit of not less than ($0.00). As soon as security for the performance of road maintenance (and betterment)
 requirements or the settlement of claims incident thereto is completed, unencumbered cash guarantees or negotiable
 securities deposited in lieu of surety bond will be returned to the permittee.

   11. FIRE PREVENTION AND SUPPRESSION. The permittee shall take all reasonable precautions to prevent and
 suppress Forest fires. No mat((rial shall be disposed of by burning in open fITes during the closed season established by
 law or regulation without a permit from the Forest Service.

   12. DAMAGES. The permittee shall exercise diligence in protecting from damage the land and property of the
 United States covered by and used in connection with this permit, and promptly upon demand shall pay the United
 Sates for any damage resulting from negligence, or from violation of the terms of this permit or of any law or regulation
 applicable to the National Forests, by the permittee, or by his agents, contractors, or employees of the permittee acting
 within the scope of their agency, contract, or employment.

   13. OFFICIALS NOT TO BENEFIT. No member of, or delegate to, Congress or Resident Commissioner shall be
 admitted to any share or part of this agreement, or to any benefit that may arise herefrom, unless it is made with a
 corporation for its general benefit.

   14. OUTSTANDING RIGHTS. This permit is subject to all outstanding rights.

   15. SUSPENSION. Upon the failure of the permittee, its agents, employees, or contractors to comply with any of the
 requirements of this permit, the officer issuing the permit may suspend operations in pursuance ofthis permit.

   16. TERMINATION. This permit shall tenninate on JANUARY 1,2010 unless extended in writing by the Forest
 Service. It may be terminated upon breach of any conditions herein.

   17. CLAUSE CONTROL. In the event of any conflict between any of the preceding printed clauses or any provision
 thereof and any of the following clauses or any provisions thereof, the following clauses will control.

   18. SAFETY. Unless otherwise agreed in writing, when permittee's operations are in progress adjacent to or on
  Forest Service controlled roads and trails open to public travel, permittee shall provide the use with adequate warning
  of hazardous or potentially hazardous conditions associated with permittee's Operation. A specific traffic control plan
  for each individual project shall be agreed to by permittee and Forest Service prior to commencing operations. Devices
  shall be appropriate to current conditions and shall be covered or remove<.l when not needed. Except as otherwise
. agreed, flaggers and devices shall be as specified in the "Manual on Unifonn Traffic Control Devices for Streets and
  Highways" (MUTCD), and in specifications attached hereto.
 19. DRIVER'S COPY. Drivers of all vehicles hauling logs shall have a copy of page 1 of this agreement in their
possession. This agreement will be presented, on request, to any Forest Officer.

 20. LOAD MARKING. Unless approved otherwise in writing by the District Ranger, all wood products shall be
painted with a blue letter "P" on each log across the top layer on the front and back of the load.

 21. SNOW REMOVAL. Snow plowing will not be allowed without Wlitten pennission.




                                           ADDITIONAL PROVISIONS


    1. CLEANING OF EOUIPMENT To prevent the introduction of seeds of noxious weeds onto National Forest
       land, Permitee shall enSlll'e all equipment moved onto or through National Forest land is free of soil, seeds,
       vegetative matter, or other debris that could contain or hold seeds. Contractor shall employ whatever cleaning
       methods necessary to ensure compliance with the terms of this requirement. Permittee shall certify in writing,
       compliance with the terms ofthis requirement prior to beginning work. For the purposes ofthis requirement,
       "equipment" includes all construction or hauling equipment except pickup trucks, cars, or other vehicles used to
       daily transport personnel.


   2. Forest Service and Washington State Dept. of Transportation shall agree to the condition of the asphalt
      surface prior to haul and after an inspection at the end of haul. The surface shall be left in a condtion equal
      to the pre-haul condition. Any damage caused by haul will be repaired and any work required to restore to
      pre-haul condtions will be performed and paid for by Washington State Dept. of Transportation.


   3. Inspections will also be made during haul to determine maintnence needs such as repairing potholes or
      patching.
                           WENATCHEE NATIONAL FOREST ROAD RULES


This document has been prepared to alert Forest road users of the numerous Federal and State requirements
governing the use of National Forest roads. The following Road Use Rules summarize the most important
regulations and restrictions governing use of Forest Service roads:

1. All Forest roads are subject to short-term traffic restrictions or closures due to weather and subgrade
condition, user safety, or when necessary to permit reconstruction and maintenance, or to. provide long-tenn
closures to comply with adjacent land management objectives. The commercial use of any Forest Service road
will be permitted by pennit only.

2. Damaging and leaving in a damaged condition, any road, road segment or traffic control device is prohibited.
Reference 36 CFR 261.12(d). Damage is exclusive of ordinary wear requiring road maintenance as described in
contracts, pennits, or road maintenance agreements.

     Following are examples of road damage:

      a. Destruction of road prism including ditches, surfacing sub grade, base course, backslopes or fillslopes.

  b. Defonning or breaking bridge rails, guardrails, culverts, signs or signposts, markers or other structures.

      c. Lug or cleat marks on a bridge or road surface that is constructed from asphalt, concrete, wood, or
metal.

3. The provisions of the Revised Code of Washington, Chapter 46.61(RCW), relating to the operations of
motor vehicles, are applicable to all Forest Service roads on the Wenatchee National Forest and are enforceable
by State or County law officers.

4. The load, weight, height, length, and width limitations of vehicles on National Forest roads shall be in
accordance with Section 46.44 (RCW) of the motor vehicle laws of the State of Washington and will be
enforced under Federal Regulations. Exceptions to this rule will occur only when signs giving notice thereof
have been posted on the road or when a specific written authorization, permit, or order provides otherwise.

      Some bridges are not structurally adequate to handle nonnal highway loadings cited in Section
      46.44(RCW). These bridges are posted with signs which give the legal notice of the reduced limits.
      Refer to 36 CFR 261. 12(a).

      Application for overload or variance permits on roads or bridges must be made through the District
      Ranger with an adequate time allowance for processing. Permit Applications are advised that a 10 to 15
      day period is usually required to process an application.


5. Commercial use will be permitted on any Forest Service road only when authorized by pennit, contract,
easement, deed, or other written agreement. All commercial-use requests will be initiated through the District
Ranger. This rule will be enforced under 36 CFR 26 1. 54(c).
6. Commercial use of a National Forest Road by any permittee or contractor must be suspended when such use
will cause damage to the roads or National Forest Resources, or when such use will result in unsafe conditions
to others. Such suspension shall be effective when the commercial user is notified in writing or by road
closures posted on the road per Regulation 36 CFR 261.54(b).

7. Snowplowing will only be permitted by specific provision in each permit, contract provision, or other written
agreement. Other snowplow pennits and authorization may be used by the District Ranger.

     Some roads on the Wenatchee are not available for winter commercial use because of recreation or other
     conflicting problems. Prospective users should contact the District Ranger as to whether snow plowing
     will be authorized during the period of the permit or contract.

8. Written permission to block a road may be issued only by District Ranger, or Contracting Officer's
Representative. Unless otherwise provided in a contract, permit, or agreement, no road shall be blocked by the
placing of any vehicle or other object upon it in a manner that is an impediment or safety hazard, or conflicts·
with other users. Reference CFR 261.12(e). Following are examples of an impediment:

     a. Slow moving logging, construction, or road maintenance equipment operated without posting proper
     warning signs.

     b. Logging slash or other debris deposited or left in a roadway or turnouts.

      c. Logs yarded or decked on the road travelway or turnouts.

      d. Abandonment of vehicles or other personal property on any Forest Service road.

9. Posting of notices, messages or the installation of other signing, including citizen band radio check point
signs must be approved by the District Ranger.




DONALD H. SMITII                          9/25/81
Forest Supervisor                  Date
                           APPENDIX H

        Unanticipated Archaeological Discovery Plan




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
        UNANTICIPATED ARCHAEOLOGICAL DISCOVERY PLAN (UDP)
                    A Plan and Procedure for Dealing with the
         Unanticipated Discovery of Human Remains or Cultural Resources
          1-90 Snoqualmie Pass East Project, Kittitas County, Washington
                                 February 4, 2009


1.0 INTRODUCTION

The Washington State Department of Transportation (WSDOT) proposes to improve
approximately 15 miles of highway between Hyak and Easton by widening 1-90 from four
lanes to six lanes as part of the 1-90 Snoqualmie Pass East Project (1-90 Project).

The Federal Highway Administration (FHW A) and WSDOT have analyzed the impacts of
this project under the National Environmenta1.Policy Act (NEPA) and State Environmental
Policy Act (SEPA). This analysis is presented within the 1-90 Snoqualmie Pass East Project,
Final Environmental Impact Statement and Programmatic Section 4(j), WSDOT 2008. When
projects require federal funding, permits or approval, they must adhere to provisions of the
National Histm:ic Preservation Act of 1966 (NHPA), as amended. Because the 1-90 project is
a part of the US Interstate System, the FHWA is the federal lead agency for consultation
under the NHPA, including Section 106 compliance.

Consulting parties include: FHWA, WSDOT (lead agency on behalf of FHWA), United
States Forest Service (USFS), United States Bureau of Reclamation (USBR), Department of
Archaeology and Historic Preservation (DAHP), and the following affected tribes:
Snoqualmie Tribe, Muckleshoot Indian Tribe, Tulalip Tribes of Washington, Wanapum
Tribe, Confederated Tribes and Bands of the Yakama Nation, and the Confederated Tribes of
the Colville Reservation. FHWA and WSDOT is working with the non-federally recognized
Wanapum Tribe as an "additional consulting party" under 36 CFR 800.2(c)(5). During the
course of the design and document preparation, and exploratory investigations, FHWA and
WSDOT consulted with these tribes and agencies and will continue to do so in accordance
with 36 CFR 800.2(a)(4). This consultation will continue through project construction. (See
Attachment A for a list of agencies and contacts).

Records, maps, or other information identifying the location and/or character of
archaeological sites or other cultural resources are exempt from public disclosure under
federal and state laws. All human remains and cultural resource discoveries will be
considered confidential, as defined by federal and state regulations. To protect their
integrity, the press will not be contacted unless or until a communication plan is developed in
consultation with the affected agencies and tribes. All press inquiries will be directed to the
1-90 Project Environmental Manager.

WSDOT conducted cultural resource studies for the 1-90 project, which included background
research, an archaeological survey and subsurface testing supervised by an archaeologist who
met Secretary of Interior standards. A summary of these efforts is available in the 1-90
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 2


project NEPA documentation. Copies of the studies are available by written request to the 1-
90 Project Environmental Manager.

The 1-90 Project will result in removing the Lake Keechelus Snow shed Bridge, a Section 4(0
resource. The mitigation process for this removal includes a Memorandum of Agreement
(MOA) between the FHWA,WSDOT and the Washington DAHP, which was signed October
10th , 2007.

WSDOT will implement this UDP for the 1-90 Project as follows:
  • Pre-construction investigations and evaluations
  • Construction activities including material extraction at pit site Pit Site PS-S-255
    (located within Keechelus Lake near Rocky Run Creek)
  • Cultural resource monitoring for specific areas within each phase of the 1-90 Project.
    (See Attachment B).

This UDP is intended to provide guidance to WSDOT personnel and the construction team
when addressing any unanticipated discoveries of human skeletal remains, or cultural
resources that may be eligible for listing in the National Register of Historic Places (NRHP),
in order to:

    •    Comply with the following applicable federal and state laws and regulations:
           o 36 CFR 800 (as amended) Protection of Historic Properties is the regulation
               that implements Section 106 of the National Historic Preservation Act
               (NHPA) of 1966.
           o 25 USC 3001, The Native American Graves Protection and Repatriation Act
               (NAGPRA) of 1990 applies to the intentional and inadvertent discovery of
              Native American human remains and cultural items on federal and tribal
              lands.
           o RCW 27.44 Indian Graves and Records;
           o RCW 27.53 Archaeological Sites and Resources.
           o RCW 42.56.300 Archaeological Site Public Disclosure Exemption
           o RCW 68.50, Right to Control Disposition of Remains. Coroner has
              jurisdiction over forensic remains.
           o RCW 68.60; Protection of Historic Graves Cultural resources or human
              remains discovered on non-federal land requires consultation with DAHP,
              which has jurisdiction over non-forensic remains, including reinterment.

    •    Describe the authority and jurisdiction of the lead agency and the consulting party
         and review party should an unanticipated discovery occur.
            o For Section 106 consultation, WSDOT on behalf of FHWA is the lead agency.
            o Archaeological and historical resources are under the jurisdiction of the
                federal land manager, or the property of the landowner, unless there is an
                agreement stating otherwise. The majority of the project is located on
                federally-managed land.
            o For discoveries and related disposition of human remains not subject to law
                enforcement jurisdiction, the following applies:
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 3


                   •   Federal lands - The federal land manager is the lead agency for additional
                       consultation required for the disposition of human remains or cultural
                       resources. USFS managed land includes lake beds within USFS
                       boundaries associated with reservoirs managed by USBR. Areas
                       inundated within USBR reservoirs are managed by USBR Both USFS
                       and USBR are federal land managers for the purposes of this document.
                   •   On non-federal lands including state and private lands, the DAHP is the
                       lead agency for additional consultation required for the disposition of
                       human remains or cultural resources.

    •    Describe to regulatory and review agencies the procedures the construction team and
         WSDOT will follow to prepare for, and respond to, unanticipated discoveries; and

    •    Provide direction and guidance to project personnel on the proper procedures to be
         followed should an unanticipated discovery occur.

Note: This document also includes Attachment A: Contact Information, and Attachment B:
Anticipated Areas for Cultural Resources Monitoring during Construction.

2.0 PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL REMAINS

Any discovery of human remains requires that work stop in the immediate area surrounding
the discovery and that the following steps and other required actions be taken. (See
Attachment A, Contact Information).

Summary: All work ceases and notifications are made. If any member of the construction
team, contractors or subcontractors believes that he or she has encountered skeletal remains
of any kind, all work within a minimum 60-foot radius from the discovery shall immediately
cease. The area of work stoppage will be adequate to provide for the security, protection, and
integrity of the skeletal remains, in accordance with Washington State law. Any discovered
human remains will be treated with dignity and respect at all times. The remains will be
covered in place with a tarp or other material (but not soil or rocks) for temporary protection
in place, and to shield them from being photographed.

    A. Initial Contacts are made. The contractor will immediately inform the WSDOT 1-90
       Contract/Project Engineer, Environmental Manager and, if present, the Cultural
       Resource Specialist (CRS), or a cultural resource monitor. The CRS or monitor will
       examine the discovery to determine if it qualifies as a cultural site; and offer guidance
       on appropriate methods to protect the site.

    B. Law enforcement contacted. The 1-90 Project Environmental Manager or
       Contract/Project Engineer will contact the Sheriff s office (using a non-emergency
       land-line phone wherever possible). The Sheriff's Office will arrange for a
       representative of the Medical Examiner's Office to assist the WSDOT Cultural
       Resource Staff and applicable land manager in the examination of the discovery site
       and together will determine, in consultation with affected tribes, whether it should be
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 4


         treated as a crime scene or as a human burial site of antiquity. No contact or
         discussion with the media regarding the discovery will be made with anyone except
         the 1-90 Environmental Manager or 1-90 Project Engineer.

         For human remains found in Washington State, the medical examiner must make a
         determination whether the remains are forensic or non-forensic within five business
         days per RCW 27.44, RCW 68.50 and RCW 68.50. If the remains are non-forensic,
         DAHP will have jurisdiction over the human remains on non-federal land "until
         provenance of the remains is established" per RCW 27.44, RCW 68.50 and RCW
         68.60. If discovered on federally managed land, the appropriate federal agency will
         have jurisdiction over the remains per 25 USC 3001 (NAGPRA).

         If determined to be forensic, the law enforcement officer will outline the guidelines
         and course of action to WSDOT accordingly.

         If the finding is not a crime scene, then Steps C-K listed below will be followed.

    C. Discovery site secured. Representatives ofWSDOT will be responsible for taking
       appropriate steps to protect the discovery. At a minimum, the immediate area will be
       secured to a distance of sixty (60) feet from the discovery. Vehicles, equipment, and
       unauthorized personnel will not be permitted to traverse the secured area. The
       WSDOT ContractIProject Engineer may direct construction away from the remains or
       associated cultural resources to work in other areas prior to contacting the affected
       parties. The discovery location will remain secured at all times.

    D. Additional contacts are made. The 1-90 Project Environmental Manager will contact
       the WSDOT Cultural Resources Specialist (CRS) (if not on-site), WSDOT Cultural
       Resources Program Manager, and WSDOT Tribal Liaison to immediately report any
       unanticipated discovery of human remains.

    E. Remains determined to be human or nonhuman. The WSDOT CRS will visit the
       site of the discovery within 24 hours of notification, and in coordination with eh
       Sheriff or Medical Examiner staff, will make an identification of the remains as
       human or non-human, and notify the 1-90 Environmental Manager of the findings and
       the basis for the identification. The CRS may include other technical expert
       investigations if human remains or funerary objects are found to aid in determining if
       they are prehistoric or historic. If the remains are nonhuman bone, but appear to be
       associated with historic human activity, the procedures described in Section 3.0 will
       be followed.

    F. Agency and Tribal contacts are made. If the WSDOT CRS, in consultation with the
       Kittitas County Sherriff s office/medical examiner determines that the remains are
       human but not forensic, the following guidelines shall be followed:

             a. The 1-90 Environmental Manager will notify the DAHP, FHWA, and the
                appropriate land manager. The WSDOT Tribal Liaison/CRS will notify the
I-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
PageS


                 affected tribes. (See Attachment A for list of agency contacts and affected
                 tribes.)
              b. WSDOT will initiate consultation within 24 hours of the determination with
                 the appropriate parties to develop a treatment plan for the remains.

    G. Native American Remains. WSDOT acknowledges that any find of human skeletal
       remains may be a burial of Native American ancestry. It is further acknowledged that
       Native Americans are extremely sensitive about ancestral burials, and that the find
       must be treated confidentially.

         If the remains are determined to be of Native American ancestry, tribal access will be
         coordinated between theI-90 Project Environmental ManagerIWSDOT Tribal
         Liaison, federal land manager, and designated tribal representatives. Affected Native
         American Tribes will be given the opportunity to visit and name the site, and conduct
         ceremonies they deem necessary. Each tribe will make their own determination on
         who will be allowed access to the site. On state land, the affected agencies and tribes
         will consult to determine what treatment is appropriate for the human skeletal
         remains. On federal land, the jurisdictional agency (applicable land manager) will
         lead consultation with tribes consistent with 36 CFR 10, consistent with their own
         agency's policies and procedures.

    H. Historic, non-Native American remains. If the human remains are determined to be
       historic and non-Native American in origin, the tribes may choose to exit
       consultation. The jurisdictional agency (federal land manager of the location where
       the remains are discovered), will lead the consultation for final disposition; and after
       consultation, will determine the final disposition of the historic human remains,
       including re-internment.

    I. Discovery protected and lead agency action on custody and disposition. The
       remains will be protected from further disturbance until the appropriate treatment and
       ultimate disposition of the remains has been determined. Access to the site is limited
       to law enforcement, WSDOT, DAHP, the appropriate federal/state land managers,
       cultural resource managers and tribal cultural resource staff. Unless determined
       necessary by the applicable land manger, no additional excavation will be undertaken
       prior to tribal consultation. No exposed human remains will be left unattended; and
       the site will be monitored until secured and/or final disposition of the remains is
       agreed to. Affected Native American tribes will be given the opportunity to visit and
       name the site, and conduct ceremonies they deem necessary.

             a. Lead Agency on Custody and Disposition.
                    1. If on private or state lands, DAHP has jurisdiction of non-forensic
                       remains;
                   11. If on federal land, the underlying property manager has jurisdiction of
                       non-forensic remains. The Native American Graves Protection and
                       Repatriation Act (NAGPRA) applies when Native American human
                       skeletal remains and related cultural items are discovered during
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 6


                         construction on federal or tribal lands. For the 1-90 Project, NAGPRA
                         applies to lands subject to USFS and USBR jurisdiction. The USFS or
                         USBR as the federal land manager has the responsibility and
                         obligation to fulfill compliance with NAGPRA.
              b. Treatment of Native American remains: If disinterment of Native American
                 remains becomes necessary, the federal land manager, as lead agency, will
                 determine the final disposition of the human skeletal remains for re-interment
                 after consulting with appropriate agencies and tribes.
                      1. If on federal lands, the remains are determined to be Native American,
                         they will not be disinterred until consultation has occurred. After
                         consultation, the federal land manager (USFS or USBR) will issue a
                         Written Plan of Action detailing the proposed treatment of the human
                         skeletal remains and other cultural items, the specific information used
                         to determine custody, and the planned disposition.
                     ii. If on federal lands, the federal land manager (USFS or USBR) will
                         publish a Notice of Intended Disposition at least 30 days prior to
                         transferring the human skeletal remains and other cultural items to the
                         claimant entitled to custody
              c. Treatment of historic non-Native American remains: If the human skeletal
                 remains are determined to be historic non-Native American remains, treatment
                 will be determined by WSDOT Cultural Resource staff, federal land manager
                 andDAHP.

3.0 PROCEDURES FOR THE DISCOVERY OF ARCHAEOLOGICAL RESOURCES

         A. All work ceases, initial notification made and discovery site secured. If any
            member of the construction team, contractors or subcontractors, believes he or she
            has inadvertently uncovered any cultural resource, all work within 30-feet of the
            discovery shall immediately cease. He or she will inform the 1-90 ContractIProject
            Engineer, 1-90 Project Environmental Manager and any monitor on site. The 1-90
            Project Environmental Manager will notify the WSDOT CRS. Cessation of work
            in the area of the discovery should be adequate to provide for the scrutiny,
            protection and integrity of the discovery. At a minimum, subsurface disturbance
            will stop and the area within 30-feet of the discovery will be secured. Vehicles,
            equipment and unauthorized personnel will not be permitted to traverse the
            secured area.

              A cultural resource discovery could be prehistoric or historic in age. When in
              doubt, assume the discovery is a cultural resource.

         B. Discovery site protected. Construction will be halted within a minimum of 30-
            feet of the discovery and the site will be protected and secured until the WSDOT
            ContractlProject Engineer has arranged for the discovery to be identified by the
            WSDOT CRS. Work in the immediate area will not resume until treatment of the
            discovery has been completed following the provisions of this section. The 1-90
            ContractIProject Engineer may direct construction away from the associated
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page?


              cultural resources to work in other areas prior to contacting the affected parties.
              The discovery location will remain secured at all times

         C. Discovery investigated by CRS. The WSDOT CRS will visit the work site and
            determine if the resource qualifies as a cultural resource. Any newly discovered
            cultural resource will be considered eligible for the NRHP until determined
            otherwise by WSDOTIFHWA and DAHP archaeologists.

         D. Additional contacts are made. The 1-90 Project Environmental Manager will
            notify the federal land manager (USFS or USBR), WSDOT Tribal Liaison,
            DAHP, and the FHWA of any unanticipated cultural or archaeological discovery.
            The Tribal Liaison or CRS will notify the affected tribes.

              If the discovery is determined to be historic or prehistoric in nature, FHW A,
              WSDOT, DAHP, USFS, USBR, and affected tribes, will be consulted as
              appropriate to determine a course of action and ultimate disposition of cultural
              resources. The agency of jurisdiction as the land manager will lead the
              consultation effort in coordination with WSDOT.

         E. Discovery documented and analyzed. The CRS will ensure proper
            documentation and assessment of any discovered cultural resources. All
            prehistoric and historic cultural resources discovered during project construction
            will be recorded by a professional archaeologist using standard techniques and in
            the format requested by DAHP, or when on federal lands, in a format required by
            the federal land manager. Site overviews, features, and artifacts will be
            photographed; stratigraphic profiles and soil/sediment descriptions will be
            prepared for subsurface exposure. Discovery locations will be documented on
            scaled site plans and site location maps.

         F. Compliance with Section 106. Sites discovered during construction on state lands
            will be assumed eligible under Criterion D (a property or resource that has
            yielded, or may be likely to yield, information important for the understanding of
            history or prehistory) for inclusion in the National Register of Historic Places
            (NRHP) for the purposes of Section 106 compliance, in accordance with 36 CPR
            800.13(c). Sites discovered on federal lands will be determined by the federal
            land manager.

         G. Determination of eligibility for the NRHP. If the federal and state agency
            representatives determine that the discovery is a NHRP eligible cultural resource,
            they and the affected Native American tribe(s) (where appropriate), will enter into
            consultation to determine appropriate treatment of the discovery.

             Mitigation measures will be developed in consultation with DAHP, FHWA, and
             the affected tribes (where appropriate), which could include avoidance through
             redesign, data recovery, and/or relocation of the affected cultural resource. This
             will be done in accordance with the Secretary of the Interior Standards under
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 8


              Section 106 of the NHPA. WSDOT is the lead agency responsible for conduct of
              the consultations on state lands. The federal land manager is responsible on
              federal lands unless deferred to WSDOT.

         H. Complex or extensive cultural resources found. Where complex or extensive
            cultural resources are encountered, WSDOT, FHWA, the federal land manager,
            DAHP, and representatives of the affected tribes (if they choose to participate)
            will consult to determine the appropriate level of documentation and treatment of
            the resources.

         I. Authorization for construction to proceed. WSDOT, DAHP, and the federal
            land manager will decide when construction may continue at the discovery
            location only after the process outlined in this plan has been followed and the
            parties noted above determine that compliance with state and federal laws has
            been made. Where cultural resources are encountered during construction, but
            additional project effects to the resources are not anticipated, project construction
            may continue while documentation and assessment of the cultural resources
            proceed. If continued construction is likely to cause additional impacts to such
            resources, project activities within a radius minimum of 30 feet (or as determined
            by the CRS) of the discovery will cease until the archaeological monitor/CRS has
            documented the site, evaluated its significance, and determined potential impacts
            to the site.

         J. Evaluation techniques. Cultural features, horizons, and artifacts detected in
            buried sediments may require further evaluation using hand-dug excavation units
            to clarify aspects of integrity, stratigraphic context, or feature function. Units may
            be dug in controlled fashion to expose features, collect radiocarbon or
            animal/plant macrofossil samples from undisturbed contexts, or interpret complex
            stratigraphy. A test excavation unit or small trench might also be used to cross-
            section a feature to determine if an intact occupation surface is present. Test units
            will be used only when necessary to gather information on the nature, extent, and
            integrity of subsurface cultural deposits to evaluate the site's potential to address
            significant research domains. Excavations will be conducted using state-of-the-art
            techniques for controlling provenance of recovered resources. Should evaluation
            techniques and standards be updated, the CRS will ensure that the proper
            techniques are being used.

         K. Additional Evaluation techniques. Sediments excavated for purposes of cultural
            resources investigations will be screened through lI8-inch mesh. Spatial
            information, depth of excavation levels, natural and cultural stratigraphy, presence
            or absence of cultural material and depth of sterile soil, regolith, or bedrock will
            be recorded for each probe on a standard form. Test excavation units will be
            recorded on unit-level forms, which include plan maps for each excavated level,
            and material type, number and vertical provenience (depth below surface and
            stratum association where applicable) for all artifacts recovered from the level.
            Radiocarbon and macrofossil samples will be taken from intact subsurface
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 9


              features exposed by shovel/auger probes or test units. A stratigraphic profile will
              be drawn for at least one wall of each test excavation unit.

         L. Documentation of cultural resources. All prehistoric and historic artifacts or
            materials and resources recovered or collected from the surface and from probes
            and excavation units will be analyzed, catalogued, and temporarily curated at a
            location approved by the consulting parties.

         M. Timelines for final reporting. Within 90 days of conclusion of fieldwork, a
            management summary or other document approved by the federal land manager,
            describing any and all monitoring activities and resultant archaeological
            excavations will be provided by the CRS and 1-90 Project Environmental Services
            Manager, who will forward the report to the WSDOT Cultural Resource Office
            for regulatory compliance review. Once approved, the report will be submitted to
            FHWA, WSDOT, DAHP, the federal land manager and affected tribes. Other
            reporting requirements may also be required by the federal land manager, who
            would be the lead agency in their completion and agency coordination.
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 10

ATTACHMENT A - Contact Information
                                            InitiaU Primary WSDOT Contacts
1-90 Environmental Manager - Jason Smith                      1-90 Project Director - Randy Giles
         Phone: (509)577-1921                                           Phone: (509)577-1879 Cell: (509)654-2714
         Cell: (509)945-1260                                            Email: GilesR@wsdot.wa.gov
         Email: smithjw@wsdot.wa.us

1-90 Assistant Environmental Manager -Larry Mattson           1-90 Contract/Project Engineer - Scott Golbek
         Phone: (509)577-1922                                           Phone: (509)577-1880 Cell: (509)654-2637
         Cell: (509)930-4464                                            Email: golbeks@wsdot.wa.gov


                                    WSDOT Cultural ResouiCerrribar liaison Contacts
WSDOT Cultural Resource Specialist - Dean Weaver              WSDOT Tribal Liaison - Megan Beeby
      Phone: (509)324-6509                                          Phone:(360)705-7494
      Cell (509)209-3287                                            Cell
      Email: weaverd@wsdot.wa.gov                                   Email: BeebyM@wsdot.wa.gov
WSDOT Cultural Resources Program Manager - Scott Williams
      Phone: (360)705-6651
     Cell: (360)628-3219

                                                  Other Agency Contacts
Federal Highway Administration                                USFS - Powys Gadd. Heritage Program
         Liana Liu (360)753-9553                                      Phone: (509)664-9394
         Sharon Love (360)753-9558                                    Email: pgadd@fs.fed.us

Kittitas County Sheriff's Office                              USBR - Lynne McDonald, Regional Archaeologist
          Phone: (509)925-8534 (Non-emergency)                        Phone: (208)378-5316
Kittitas County Coroner                                               Email: LMACDONALD@pn.usbr.gov
         Phone: (509)962-7520
DAHP - Matthew Sterner
          Phone: (360)586-3082
          Cell: (360)480-9654

                                                     Tribal ConJacts
Confederated Tribes of the Yakama Indian Nation               Muckieshoot Tribe
Kate Valdez, THPO Cultural Resources                          Laura Murphy, Cultural Resources
          Phone: (509)865-4121, ext. 6230                               Phone: (253)876-3272
          Email: kate@yakama.com                              Email: laura.murphy@muckleshoot.nsn.us
Johnson Meninick, Cultural Resources                          Warren KingGeorge (human remains)
          Phone: (509)865-5121 ext. 4737                                Phone: (253)876.3269
          Email: johnson@yakama.com
Snoqualmie Nation                                            Wanapum Tribe
Steve Mullen, Cultural Resources                             Rex Buck,Chair
          Phone: (425)888-6551 ext 106                                Phone: (509)932-3571 ext. 3113
Email: steve@snoqualmienation.com                                     Email: rbuck@gcpud.org
                                                             Lela Buck
                                                                      Phone: (509)754-5088 ext. 3172
                                                                      Email: Ibuck@gcpud.org

Confederated Tribes of the Colville Reservation              Tulalip Tribes
Camille Pleasants, TIIPO Cultural Resources                  Hank Gobin, Cultural Resources
         Phone:     (509)634-2654                                      Phone: (360)651-3310
Email: camille.pleasants@colvilletribes.com                  Email: jbill@tulaliptribes-nsn.gov
1-90 Snoqualmie Pass East Project
Unanticipated Discovery Plan
Page 11




Attachment B

Proposed Cultural Resource Monitoring Locations during Construction
1-90 Snoqualmie Pass East Project - Phase I (First Five Miles MP 55.1-MP 60.8)

The Lake Keechelus shoreline is known to have several pre-contact and historic-era
archaeological sites. All discovered sites were recorded during the archaeological and
historical surveys. Monitoring will be conducted in areas that have not been severely
disturbed by the original construction of US 1O/I-90 for those construction areas where any
ground-disturbing activity will occur.

The following are anticipated areas for monitoring that are associated with ground disturbing
activities:

Ground disturbing activity associated with:

    •    Bridge construction at Gold Creek (MP 55.1-55.7) that includes excavation to the
         depth of the original grade
    •    Bridge construction at Rocky Run Creek and Resort Creek that includes excavation to
         the depth of the original grade
    •    Culvert and drainage placement or replacement that includes excavation to the depth
         of the original grade
    •    Extraction activities at Pit PS-S-255 (please note that activities are restricted to
         approximately 100 feet from the creek)
    •    Mitigation or restoration efforts that includes excavation to the depth of the original
         grade

(Note: This Attachment will be updated for subsequent phases of the project, once funded)
                            APPENDIX I

             Summary Of Geotechnical Conditions




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
                                                                           1-90 Snoqualmie Pass East
                                                         Summary of Phase IB Geotechnical Conditions
                                                                                     September 2009


The following is a summary of geotechnical conditions for Phase 1B of the 1-90 Snoqualmie Pass East
project. This summary constitutes an advisory specification and is intended to assist prospective bidders
during bidding and construction.
The project site is located on 1-90 east of the WSDOT Hyak maintenance facility in Kittitas County,
Washington. Phase 1B of the project extends from milepost (MP) 55.1 to the west end of the existing
westbound (WB) snowshed at MP 58.0.
This summary is presented in two parts: (1) roadway structures and embankments and (2) rock and
overburden cuts.
                               Roadway Structures and Embankments
Phase IB includes the following major structures and new embankment construction:
    •   Gold Creek Bridges - Animal Crossing single-span bridges and Gold Creek multi-span bridges
    •   Rock Run Creek single-span bridges
    •   Wolfe Creek box culvert
    •   New embankment from EB Sta. 1222+70 to 1305+50, referred to here as the Gold Creek to
        Wolfe Creek fill
An overview of site conditions in the Phase IB area is presented first, followed by site conditions and
construction considerations at each of the major project elements listed above.
Overview of Site Conditions
The project is located adjacent to Keechelus Lake, a reservoir with fluctuating water levels. The
maximum lake level is 2517.8 feet above mean sea level (El. 2517.8). Groundwater levels can be
expected to be at least as high as the lake level and may be higher due to local or regional water tables.
Therefore, lake levels will need to be considered in planning construction work near and below El. .
2517.8.
The lake level typically fluctuates about 60 feet annually. The maximum levels typically occur in June.
The level typically begins dropping in mid- to late June and reaches its lowest level in October. Rapid
increases of lake level are observed some years from April to June as a result of snowmelt runoff.
Additional information on lake levels can be found in the 2007 Roadway Geotechnical Report (URS
2008a) and on the U.S. Bureau of Reclamation (USBR) website:
http://www.usbr.gov/pn/hydromet/yakima/yakwebarcread.html
Subsurface conditions have been investigated by drilling a total of 97 borings and installing 13
groundwater observation wells within the Phase IB area. Logs of the borings are attached. Measured
groundwater levels are provided in Table 1.
Six soil strata and bedrock have been encountered within Phase IB.
   •    Gravel with SandiCobbleslBoulders (Fill)
   •    Organic Soil
   •    Gravel with SandiCobbles (Native Soil)
   •    Fine Sand and Silt
   •    Clayey Silt/Silty Clay
   •    Bedrock



                                                Page 1
                                                                              1-90 Snoqualmie Pass East
                                                            Summary of Phase IB Geotechnical Conditions
                                                                                        September 2009

These strata are described below, generally in order of shallower to deeper. The occurrence and any site-
specific characteristics of these strata are described in the following sections for each of the major project
elements.
The Gravel with Sand/CobbleslBoulders (Fill) stratum consists of medium dense to very dense, poorly- to
well-graded gravel with sand, cobbles, and boulders. This material is fill placed for construction of the
existing road embankment. Cobbles and boulders to 2 feet in size were encountered in the borings but are
not common.
The Organic Soil stratum consists of discontinuous deposits of compressible, soft to medium stiff organic
silt and silty sand and silt with organic material. Where present, it is the uppermost layer of native soil.
SPT blow-counts are typically less than 10. In some samples, only a trace of organic material was
present. In these cases, the presence of organics may not affect the engineering properties of the soil.
The Gravel with Sand/Cobbles (Native Soil) stratum consists of medium dense to very dense gravel and
sand with cobbles and localized boulders. The stratum was encountered from the beginning of the project
at Sta. 1200+00 to approximately Sta. 1319+00. The stratum was encountered both above and below the
Fine Sand and Silt stratum between approximately Stas. 1208+00 and 1230+00. The upper subunit is
likely a fluvial deposit, and the lower subunit is likely a glacial deposit. Although they were deposited at
different times, the geotechnical engineering properties of these upper and lower subunits are
substantially the same.
The Fine Sand and Silt stratum generally consists of medium dense silty fine sand, sand, and sandy silt
and medium stiff to stiff silt and clayey silt. This stratum was likely deposited in fluvial or lacustrine
environments. Locally the unit includes significant amounts of clay, with measured plasticity indices as
high as 17. Locally the density ranges from loose to dense. Much of this soil unit is susceptible to
liquefaction. The soil tends to become finer-grained and more plastic with increasing depth.
The Clayey Silt/Silty Clay stratum consists of localized deposits of stiff to very stiff silty clay and clay
with gravel. This stratum was likely deposited in a lacustrine environment. SPT blow counts ranged
from 9 to 19.
Bedrock may be encountered in the drilled shaft excavations for the Gold Creek single-span bridge piers
and western multi-span bridge piers and in the Wolfe Creek culvert excavation. It consists of fine-grained
volcanic rock (andesite and basalt). The bedrock surface is typically steeply sloping, and the depth to
bedrock varies widely. Near the center of the Gold Creek valley, the top of bedrock is below El. 2382.
                                           Gold Creek Bridges
Soil and Rock Conditions. A total of 31 borings have been drilled at the Gold Creek bridges location,
typically including three borings at each pier location. Six soil units and one rock unit have been
identified:
Unit 1 is the Gravel with Sand/CobbleslBoulders (Fill) stratum. It ranges from approximately 9 to 21 feet
in thickness. Boulders were encountered in two borings up to two feet in size:

    •   GCB-002-007 at approximately El. 2530, El. 2524, and El. 2518 and
    •   GCB-008-007 at approximately El. "2518.

Oblong boulders 2 ft by 4 ft or longer have been observed within this Unit.
Unit 2 is the Organic Soil stratum. It was encountered in 16 of the 31 borings at the Gold Creek bridges.
The thickness ofthis unit ranges from 1 foot to a maximum of 15 feet in boring GCB-015-007.




                                                   Page 2
                                                                              1-90 Snoqualmie Pass East
                                                            Summary of Phase lB Geotechnical Conditions
                                                                                        September 2009

Unit 3 is the upper subunit of the Gravel with Sand/Cobbles (Native Soil) stratum. It ranges from
approximately 6 to 24 feet in thickness. It is locally absent at boring locations H-03-06(OW) and
GCB-021-007. Boulders were encountered in GCB-008-007 and GCB-O 17 -007 at approximately El.
2505.
Unit 4 is the Fine Sand and Silt stratum. It was typically encountered between El. 2490 and El. 2500.
The soil unit is generally thicker beneath the multi-span bridge location, ranging from 22 to more than 80
feet thick, with the maximum thickness beneath Piers 2 and 3 of the mUlti-span bridges. It is thinner and
locally absent beneath the single-span bridge location.
Unit 5 is the lower subunit of the Gravel with Sand/Cobbles (Native Soil) stratum. Beneath the multi-
span bridge location, the thickness of Unit 5 ranges from a few feet at the western abutment location to
greater than 55 feet in GCB-021-007 near Pier 7. The top of Unit 5 was generally encountered at higher
elevations beneath the eastern end of the multi-span bridge location than beneath the western end. In
borings where bedrock was not encountered, Unit 5 is the deepest soil unit explored. This layer is absent
in borings beneath the single-span bridge location.
Unit 6 is the Clayey Silt/Silty Clay stratum. It occurs between Unit 4 and Unit 5, and was encountered in
three borings near Piers 5 and 6 of the proposed EB multi-span bridge. The thickness of this unit ranges
from 3 to 10 feet.
Bedrock consists of andesite and basalt of the Naches formation. Bedrock was encountered at depths of
37 feet to 69 feet below ground surface (bgs) below the single-span bridges and at depths of 79 to 104 feet
bgs near the westernmost two piers of the multi-span bridges. Bedrock was not encountered below Piers
3 through 8 of the multi-span bridges to the maximum depth explored (129.5 feet). Andesite was
encountered in six borings. Rock quality designation (RQD) of the andesite ranged from 15 percent to 95
percent, and typically ranged from 65 to 95 percent. Basalt was encountered in two borings. The RQD of
the basalt ranged from 0 to 78 percent. Based on the average uniaxial compressive strengths measured by
point load tests, the rock is classified as follows:
    •   Very weak (Rl) in boring H-OI-06, which is located near the west abutment of the single-span
        bridges, and in boring GCB-025-08, which is located near Pier 2 of the multi-span bridges;

    •   Moderately weak (R2) in boring GCB-00I-07, which is located near the west abutment of the
        single-span bridges;

    •   Moderately strong (R3) in borings GCB-002-07 and GCB-003-07, which are located near the east
        abutment of the single-span bridges; and

    •   Strong (R4) in borings H-03-06 and GCB-005-07, which are located near the west abutment of
        the multi-span bridges.

Point load test results are provided in Table 2.
Groundwater. Groundwater levels were measured in observation wells completed at boring locations
H-I-06(OW) and H-3-06(OW), which are located in the EB lake side shoulder of the existing highway
near the western abutment of the proposed single-span bridges and the western abutment of the proposed
multi-span bridges, respectively. Groundwater levels were measured during snowfree periods from June
2006 to October 2008. H-I-06(OW) is screened in Units 1, 4, and 5, and H-3-06(OW) is screened in
Units 1 and 2.




                                                   Page 3
                                                                               1-90 Snoqualmie Pass East
                                                             Summary of Phase IB Geotechnical Conditions
                                                                                         September 2009

  Groundwater levels in H-I-06(OW) ranged from El. 2506.2 in July 2008 to El. 2518.7 in June 2006 .
. Groundwater levels in H-3-06(OW) ranged from El. 2504.2 in September 2007 to El. 2516.1 in June
  2006. Groundwater levels in both wells are affected by the lake level during high water periods in
  Keechelus Lake. The groundwater levels are not affected by the lake level when the lake level is lower
  than about El. 2500 feet. When the lake level is lower than about El. 2500, it appears the groundwater
  level at the bridge site is largely controlled by groundwater levels in the alluvial aquifer of the Gold Creek
  valley.
 Foundations. If slurry is used to excavate the shafts, the excavations will likely need to be cased through
 the highly-permeable Units 1 and 3 to prevent excessive loss of slurry into the formation. Boulders up to
 two feet in size and larger were encountered in Unit 1, but were not common. The contractor should have
 equipment to remove or advance casing through boulders.
 The shafts will extend through the fine sand and silt layer (Unit 4). The potential exists for caving and
 heaving of the shaft excavation in this layer. Vibrating or driving casing has the potential to induce
 liquefaction and cause settlement of the existing and temporary bridges and embankments. The
 contractor will be required to monitor existing embankments and structures for settlement and repair any
 damage caused by settlement. If slurry is used, it will need to be monitored in accordance with the
 Special Provisions to control potential caving and heaving.
 The shafts will be advanced into bedrock at the single-span bridges and the westernmost mUlti-span
 bridge piers. Where shafts will be socketed into rock, it should be anticipated that bedrock surface
 elevations and rock strengths may vary considerably. The measured unconfined compressive strength
 ranges from 0.8 (very weak rock) to 29.9 kips per square inch (very strong rock). The contractor will
 need to use equipment that is capable of drilling rock with these strengths.
 Approach Embankments. Units 2 and 4 may settle as the embankment fill is placed. To minimize the
 potential for downdrag on the shafts, the fill will be placed to design grade prior to shaft construction.
 Settlement will need to be monitored to determine when it is nearly complete, at which time the fill can be
 removed to construct the shafts.
 Localized deposits of soil containing organic material (Unit 2) are present beneath the existing
 embankment fill. If this material is encountered in foundation excavations, it will need to be
 overexcavated and replaced with compacted structural fill.
 Construction Considerations. The soils below the groundwater table elevation are generally highly
 permeable, and it should be expected that water will rapidly enter any excavation that extends below the
 groundwater table. Sumps will need to be constructed along the perimeter of any excavations below the
 groundwater table to capture groundwater. Because of the high permeability of the soils, continuous
 pumping will likely be needed unless sheet piles are installed to cut off the seepage.
 During high lake level periods, typically beginning in May and continuing into July, it should be
 anticipated that the lake level will rise to El. 2517, which is higher than the finish ground line below the
 multi-span bridges. The site will become inundated by water from the lake and Gold Creek if final
 grading is conducted during this period unless water control measures (e.g., levees and dewatering) are
 employed.
 Ground Improvement. For the compaction grouting work, the soil unit to be grouted (Unit 4) lies beneath
 6 to 21 feef of medium dense to very dense gravel and sand with cobbles and possibly localized boulders
 (Unit 3). Depending on staging of the grouting, it may also lie beneath the existing embankment fill (Unit
 1) in some areas, which consists of medium dense to very dense gravel and possibly cobbles and localized
 boulders. The contractor will need to use equipment that is capable of penetrating these materials.




                                                    Page 4
                                                                              1-90 Snoqualmie Pass East
                                                            Summary of Phase IB Geotechnical Conditions
                                                                                        September 2009

In some areas, particularly near the EB lane of Pier I, the soil unit to be treated is relatively shallow. The
contractor will need to determine if a confining berm needs to be constructed to control potential ground
heave. The contractor will need to monitor for ground heave.
Rocky Run Bridges
Soil and Rock Conditions. Two borings have been drilled at each of the abutments. The soils
encountered from the ground surface to the maximum depth explored (El. 2477) consist of medium dense
to very dense gravel and sand with cobbles and localized boulders(Units I and 2). The uppermost soil
(Unit 1) consists of fill placed to construct the roadway embankment. The underlying material is native
soil (Unit 2). Bedrock was not encountered within the maximum depth explored (56.5 feet).
Boulders were encountered in boring RRB-002-007 between approximately El. 2527 and El. 2537 and in
boring RRB-00I-007 at approximately El. 2530 and El. 2536. The maximum size of boulders
encountered, as measured from the direction of drilling, was 13 inches.
Groundwater. Groundwater levels were measured in an observation well completed at boring location
H-15-06(OW), located near the east abutment. Groundwater levels were measured during snowfree
periods from June 2006 to December 2007. H-15-06(OW) is screened between El. 2529 and El. 2509.
The bottom of the well is at El. 2509, and the groundwater level is below the bottom of the well most of
the year. During high lake level periods, the measured groundwater level was approximately equal to the
lake level.
A correlation between measured groundwater levels and the water level in Rocky Run Creek could not be
established with the limited data. However, the proposed abutment footings are located very close to the
stream, and the groundwater elevation has not been measured during periods of extended high water.
Therefore, groundwater levels at the footing excavations may be higher at the well H-15-06(OW)
location.
The footing elevations are El. 2529 EB and El. 2531 WB. Depending on the staging of construction, the
groundwater level could be above the base of the WB excavation. IT this occurs, it should be expected
that groundwater would enter the excavation rapidly due to the high permeability of the soils. It is likely
that continuous pumping would be needed unless sheet piles are installed to cut off the seepage.
Foundations. Boulders up to 13 inches in size were encountered in the borings, and it should be assumed
that larger boulders are present. The contractor should have equipment capable of excavating boulders
larger than 13 inches in size.
IT space allows, footing excavations may use temporary slopes. IT space restrictions do not allow
temporary slopes and shoring is needed, driven shoring may encounter shallow refusal due to the presence
of cobbles and boulders. The contractor's selection of shoring should account for these difficult
conditions.
Wolfe Creek Culvert
Soil and Rock Conditions. Three borings have been drilled at Wolfe Creek culvert. Three soil units and
one rock unit have been identified:
Unit I is the Sand/Gravel with CobbleslBoulders (Fill) stratum. It ranges from approximately 2 to 8 feet
in thickness. This unit also includes up to two feet of topsoil that consists of silty sand with organic
material.
Unit 2 is the Organic Soil stratum. It was encountered only in CUL-005-07 between 8 and 10 feet depth.




                                                   Page 5
                                                                            1-90 Snoqualmie Pass East
                                                          Summary of Phase IB Geotechnical Conditions
                                                                                      September 2009

Unit 3 is the Gravel with Sand/Cobbles (Native Soil) stratum. It ranges from approximately 9 to 26 feet
in thickness. A boulder was encountered in CUL-003-07(OW) at a depth of 5 feet. This unit was
encountered in a very loose condition between depths of 10 and 14 feet in CUL-005-07.
Bedrock consists of moderately strong (R3) to strong (R4) andesite. Bedrock was encountered at depths
ranging from 11 to 28 feet bgs adjacent to the culvert alignment. In boring CUL-003-07 (OW), located
near the upstream end of the culvert, bedrock was encountered at approximately the culvert invert
elevation.
Groundwater. Groundwater levels were monitored in .two wells: CUL-003-07 (OW), located near the
upstream invert, and CUL-004-07 (OW), located near the center of the culvert. Measured groundwater
levels are approximately equal to the water levels in the creek and showed only a slight fluctuation during
the monitoring period of July to December 2007.
The measured water levels in CUL-003-07 (OW) and CUL-004-07 (OW) are approximately El. 2530 and
El. 2513, respectively. The water level in CUL-003-07 (OW) may represent a thin saturated zone that is
perched on top of the bedrock surface.
The upstream part of the Wolfe Creek culvert excavation is above the maximum lake level, but below the
groundwater level. It should be expected that groundwater would enter the excavation rapidly due to the
high permeability of the soils.
The downstream part of the culvert excavation is below the maximum lake level. It may not be feasible
to control groundwater entering the excavation if the base of the excavation is above the lake level.
During periods where the downstream culvert excavation is above the lake level, but below the
groundwater level, control of groundwater entering the excavation will be more feasible. However, it
should be expected that groundwater would enter the excavation rapidly due to the high permeability of
the soils.
Foundations. At the upstream end of the culvert, bedrock excavation may be needed to place the footing
at the design elevation. A boulder was encountered in one of the borings. The contractor should have
equipment capable of excavating boulders.
If space allows, footing excavations may use temporary slopes. If space restrictions do not allow
temporary slopes and shoring is needed, driven shoring may encounter shallow refusal due to the presence
of cobbles and boulders. The contractor's selection of shoring should account for these difficult
conditions.
Localized deposits of soil containing organic material (Unit 2) are present beneath the eXIstmg
embankment fill. If this material is encountered in the culvert excavation, it will need to be
overexcavated and replaced with compacted structural fill.
                                   New Embankment Construction
Five soil units and one rock unit have been identified in the area of new embankment fill. The lowest two
soil units and the rock unit do not affect embankment construction and are not described here.
Unit 1 is the Gravel with Sand/CobbleslBoulders (Fill) stratum. It is up to approximately 30 feet thick in
the new embankment areas.
Unit 2 is the Gravel with Sand/Cobbles (Native Soil) stratum. It is present between the GCB approach fill
and approximately EB Sta. 1230+00 and between approximately EB Sta. 1268+00 and the end ofthe new
embankment fill at approximately EB Sta. 1305+00. Its thickness in this area generally ranges from 10 to
more than 40 feet.




                                                 Page 6
                                                                             1-90 Snoqualmie Pass East
                                                           Summary of Phase IB Geotechnical Conditions
                                                                                       September 2009

Unit 3 is the Fine Sand and Silt stratum. It is generally 30 to 40 feet thick between the east end of the
GCB approach fill and EB Sta. 1257+00. East of EB Sta. 1257+00, the layer thins and pinches out east of
EB Sta. 1263+00. Between approximately EB Sta. 1230+00 and EB Sta. 1268+00, the new lakeside
embankment fill will be placed directly on Unit 3.
One to two feet of total settlement may be experienced between where embankment fill is placed between
the east end of the Gold Creek bridges approach fill and approximately EB Sta. 1262+00 due to the
presence of relatively thick deposits of loose sands and silts in this area. Pavement should not be placed
until settlement is substantially complete as indicated by settlement monitoring.
The proposed embankment fill extends as low as El. 2490 in some areas. Embankment fill should not be
placed underwater. Therefore, fill construction should be staged with consideration of the lake level.
Where fill will be placed directly on Unit 3, the foundation soil may liquefy and flow laterally downslope
under the loading from heavy equipment if the lake level is near the ground surface.


                                       Rock and Overburden Cuts
Field investigations for rock slopes included geotechnical drilling, downhole surveys, structural geologic
mapping, and the installation of instrumentation for measurement of groundwater and slope
displacements. Data from these activities was coupled with laboratory testing as input to slope stability
analyses and design.
New slope cuts for Phase 1B will extend from WB Sta.1305+00 to 1352+50. The 4,750-foot alignment
was subdivided into eight 'Design Sectors' wherein geologic and geometric conditions were reasonably
consistent. For each Design Sector recommendations were developed for the slope cut designs and for
stabilization measures that should be incorporated with the slope designs.
Site and Subsurface Conditions
The observed bedrock to the west of approximately WB Sta. 1331+25 is primarily basalt flows with one
location encountering interbedded silty sandstones and siltstones. The basalts cooled from lava flows that·
were likely up to a few tens of feet thick. Portions of these flows apparently cooled quickly in water, as
evidenced by local pillow basalt formation. Gas issuing from the lava left a record of preserved gas
bubbles called vesicles in these rocks. The basalts are slightly metamorphosed. The sedimentary rocks
encountered near the northern edge of the project area are likely associated with near-shore deposits
accumulated between volcanic eruptive cycles.
The observed bedrock to the east of approximately WB Sta. 1331+25 comprises volcanic rocks termed
"tuffs" which are pyroclastic flows that were explosively or aerially ejected from a volcanic vent.
Pyroclastic flows are extremely heterogeneous in their chemical and depositional characteristics.
Frequency of flows, flow thickness and proximity of sequential eruptive centers affect the cooling rates of
both individual flow units and successive deposits. The variability in the original composition of the tuff,
degree of welding and in-situ porosity and permeability throughout the flow deposits is further
complicated in the project area by subsequent low-grade metamorphic alteration.
Measured rock strengths reflect the variability of the volcanic rock types. Unconfined compressive
strengths were typically between 5,000 and 15,000 pounds per square inch (psi) with a few test results
exceeding 20,000 psi.
The materials overlying the bedrock (overburden) consist of alpine glacial till that is frequently associated
with colluvial and alluvial deposits. These deposits have variable thickness generally between zero and
15 feet, with local accumulations to about 25 feet. Boulders to 4.5 feet in size have been encountered.



                                                  Page 7
                                                                             1-90 Snoqualmie Pass East
                                                           Summary of Phase IB Geotechnical Conditions
                                                                                       September 2009

The term discontinuity refers to any naturally-occurring "break" in a rockmass having zero or reduced
tensile strength relative to the surrounding intact rock. Within the project area discontinuities includes
faults, shear zones, joints, and lava or pyroclastic flow boundaries. All of these features are of potential
concern, if they represent surfaces with an orientation and persistence that could allow them to adversely
intersect the proposed highway cut slope or if they are sufficiently unpredictable or ubiquitous in nature
that for design purposes they can exist anywhere within the cut face. The frequency of discontinuities
observed in drill core generally ranged from zero to four per foot with local zones exceeding 10 per foot.
The borehole logs and geotechnical reports should be referenced for specific information concerning
discontinuities.
Groundwater Conditions
Vibrating wire piezometers (VWP) were monitored by WSDOT using a remote automatic data
acquisition system (ADAS) that recorded water level readings. The salient features of this groundwater
monitoring record are:
    •   Groundwater levels exhibit a strong seasonal periodicity.
    •   The observed rise in head between the summer and winter ranged from 20 to 70 feet.
    •   The increase in head from seasonal low to seasonal high is more rapid (±IY:z months) compared to
        the decrease from seasonal high to seasonal low (± 4 months).
    •   The variability of seasonal high values between October and May reflects transient storm and
        runoff events.
    •   Deeper piezometers measure lower heads than do shallow piezometers indicative of "perched"
        water tables.

From a rock slope design and construction perspective, the important conclusion from the VWP
instrumentation data is that discontinuities will be regularly subject to transient elevated pressures; a
phenomenon consistent with rockfall experience and drilling for emergency stabilization in the
Snoqualmie Pass vicinity.
Rock Slopes
Rock slopes as high as 145 feet are required for Phase lB. The station interval west of approximately
WB Sta. 1322+00 was designed with flatter rock cuts and extensive stabilization due to the marginal
quality of the volcanic and sedimentary rock. From WB Sta.1322+00 to the Phase lB eastern limit,
traditional steep 1I4H: 1V slopes were employed with the integration of slope reinforcement and .
mechanical methods for rockfall control. Slope stabilization measures include untensioned rock dowels,
tensioned rock bolts, drain holes, slope drape, shotcrete and scaling.
Slope cut designs for the overburden above the rock cuts are variable in accordance with the local
overburden thickness and the existing topography. One area in Design Sector VIII (WB Sta. 1342+50 to
1352+50) was identified in which thick overburden will require the design of retention systems.
Construction Issues
Successful excavation and long term performance of the proposed rock cut slopes will require that
stabilization measures be installed as all cuts are brought down. This will require close coordination
between owner and contractor and to some extent will restrict the efficiency of rock excavation. The
recommended lift height is 24 feet and the stipulated vertical reinforcement interval is 12 feet.
The experience with migration of drilling fluid to the existing cut slopes during the exploration drilling
underscores the potential for significant grout loss associated with the installation of dowels and rock
bolts. The grout loss issue has the highest potential in Design Sectors II through V (WB Sta. 1314+25 to
1331+25).


                                                  Page 8
                                                                             1-90 Snoqualmie Pass East
                                                           Summary of Phase IB Geotechnical Conditions
                                                                                       September 2009

Variable thicknesses of overburden will be encountered throughout the Phase IB alignment. The top-of-
cut for compound slopes (soil over rock) should be verified during pioneer access or initial excavation.
Rock conditions in volcanic terrains are highly variable and defy accurate characterization, irrespective of
drilling and mapping intensity. Provision must be made to make design changes to rock slopes during
excavation as actual rock conditions are encountered. Such changes will primarily relate to types and/or
frequency of stabilization measures such as dowels, rock bolts and shotcrete. Site geotechnical
engineering during construction coupled with predictive slope displacement monitoring are included in
the project to recognize and mitigate slope instability in a timely manner.
Overburden Soil Nail Wall
Overburden will be retained using a soil nail wall between WB Stas. 1345+23 and 1351+06. Two borings
were drilled in this area: RKS-006-07 and RKS-007 -07. The borings encountered primarily medium
dense to very dense alpine till with smaller amounts of colluvium. Groundwater was not observed in the
overburden during drilling.
The overburden soil is susceptible to caving, and obstructions such as boulders should be anticipated.
Boulders to 5 feet in size are exposed in existing soil cuts in the proposed wall area. The contractor
should consider the potential for caving and obstructions in its selection of soil nail drilling method.
Sequencing of the wall construction must be monitored to ensure that temporary grading work does not
over-excavate overburden soil behind the wall. Overburden confinement is critical to soil nail capacity in
the upper row, near-surface nails, and the specified ground cover must be maintained. The overburden
soil movement should be closely monitored due to the history of localized surficial ground instability in
soil cuts in the proposed wall area.
The purpose of this soil nail wall is to retain the overburden soils. If competent bedrock is not
encountered at the proposed elevation, additional rows of soil nails may be required. If competent
bedrock is encountered above the proposed elevation, design engineer should be informed immediately.


                                             List of Reports
Burk Geoconsult, LLC. 2009. Materials Source Evaluation. 1-90 Snoqualmie Pass East Project. 2008
       Geotechnical Investigation and Reporting. February 2009.
Northwest Geophysical Associates, Inc. 2009. Seismic Refraction Survey. 1-90 Snoqualmie Pass East
      Project, Hyak, Washington. Draft. Prepared for Washington State Department of Transportation.
      July 7, 2009.
URS Corporation. 2009. Addendum to Technical Memorandum No. I - Gold Creek Bridges. 1-90
      Snoqualmie Pass East Project.' 2008 Geotechnical Investigation and Reporting. February 2009.
URS Corporation. 2009. Supplement 1 to Technical Memorandum No.1 - Gold Creek Bridges. 1-90
      Snoqualmie Pass East Project. 2008 Geotechnical Investigation and Reporting. August 2009.
URS Corporation. 2009. Phase 1B Roadway Geotechnical Report. 1-90 Snoqualmie Pass East Project.
      2008 Geotechnical Analysis and Reporting. September 2009.
URS Corporation. 2009. Addendum to Technical Memorandum No.2 - Rocky Run Bridges. 1-90
      Snoqualmie Pass East Project. 2008 Geotechnical Investigation and Reporting. February 2009.
URS Corporation. 2008. 2007 Roadway Geotechnical Report. 1-90 Snoqualmie Pass East Project. 2007
      Geotechnical Analysis and Reporting. September 2008.




                                                  Page 9
                                                                           1-90 Snoqualmie Pass East
                                                         Summary of Phase IB Geotechnical Conditions
                                                                                     September 2009

URS Corporation. 2008. Final Technical Memorandum No.1 - Gold Creek Bridges. 1-90 Snoqualmie
      Pass East Project. 2007 Geotechnical Analysis and Reporting. June 2008.
URS Corporation. 2008. Final Technical Memorandum No.2 - Rocky Run Bridge. 1-90 Snoqualmie
      Pass East Project. 2007 Geotechnical Analysis and Reporting. April 2008.
URS Corporation and Wyllie & Norrish Rock Engineers. 2007. 2006 Conceptual Geotechnical Report.
      1-90 Snoqualmie Pass East. Hyak to Keechelus Dam, Washington. February 12,2007.
Washington State Department of Transportation. 2009. SR-90, MP 57 to 58 Vicinity, XL-2779.
      Snoqualmie Pass East - Phase lB. Overburden Thickness and Cut Slope Recommendations.
      August 31, 2009.
Wyllie and Norrish Rock Engineers Inc. 2009. Phase 1B 2008 Rock Slope Geotechnical Report. 1-90
        Snoqualmie Pass East Project. March 2009.
Wyllie and Norrish Rock Engineers Inc. (W&N). 2008. Technical Memorandum - Slope Stability
        Analyses for New Alignment. 2007 Geotechnical Program - Field Services. 1-90 Snoqualmie
        Pass East Project. July 2008.
Wyllie & Norrish Rock Engineers Inc. 2007. Final Report - Rock Cut Feasibility Investigation -
       Jenkins' Knob (MP 57.5). February 12,2007.




                                               Page 10
TABLES
                                                                            Table 1
                                                                 Groundwater Level Measurements
                                                                                             2006 Groundwater Level Measurements feet
                               Ground      Bottom of
                              Elevation     WeIlEI.     13- to    19- to            26-to                 10- to                    16-
            BoringI.D.             (ft)       (ft)     1S-Jun    21-Jun    22-Jun   27-Jun      30-Jun    12-Jul       3-Aug        Aug        28-Aug            29-Sep           24-0ct
           H-OI-06(OW)'           2536.0    2498.0     2518.7    2516.5             2514.4                2507.8       2506.7                   2506.5           2506.6           2507.1
           H-03-06(OW)'           2527.4    2502.4     2513.4    2516.1             2513.9                2507.9       2505.1                   2504.5           2504.5           2504.9
           H-07-06(OW)'           2521.2    2503.2               2528.9             2507.7                Note 3       Note 3                   Note 3           Note 3           Note 3
           H-09-06(OW)'                                                                                                                                                   3                3
                                  2520.7    2494.7               2506.2    2517     2515.3                2507.5       2498.7                  2496.3    3       2494.8           2496.2
                                                                                                                                                                                           3
           H-II-06(OW)'           2522.4    2504.4     2517.9    2529.9             2517.8                2512.6       2509.2                   2509.4           2509.4 3         2507.6
           H-13-06(OW)'           2531.7    2502.7                                  2514.8                2505.8       2504.0 3                                    Note 3
           H-15-06(OW)'           2535.9    2507.9                                              2523.8                                         Note 3
           H-20-06(OW)'           2538.4    2520.4     2535.4    2533.4             2533.4                2532.2       2525.5                   2524.0           2526.4           2526.4 4

'-------
           H-31-06(OW)'
                          -"---
                                  2535.3    2515.3
                                                                                                                   I              I 2524.4 I    2524.2       I   2525.5       I   2525.7
                                                             Table 1 (continued)
                                                       Groundwater Level Measurements


                                                                                       2007 Groundwater Level Measurements feet
                   Ground     Bottom
                  Elevation   of Well
  Boring I.D.        (ft)     EI. (ft)   HoI      23-Jul   9-Aug         22-Aug             6-Sep            I7-Sep      I-Oct     IS-Oct     29-0ct    I2-Nov     27-Nov   I2-Dec
 H-01-06{OW)1      2536.0     2498.0     2511.5   2507.0   2506.9        2506.5             2507.1           2506.3     2506.6     2507.3     2507.8     2507.6    2507.9   2508.1
 H-03-06{OW)1      2527.4     2502.4     2510.3   2506.3   2505.1        2504.7             2504.4           2504.23    2504.23    2506.6     2507.3     2506.8.   2507.5   Note 5
 H-07-06{OW)1      2521.2     2503.2     2510.1                                                                        Note 3
 H-09-06{OW)1      2520.7     2494.7     2511.6   2501.4   2499.9        2496.03            2496.03          2496.03    2496.1 3   2497.9     2504.1     2501.1    2506.4   2508.4
 H-11-06{OW)1      2522.4     2504.4     2514.3   2508.8   2507.6        2507.6             2507.6           2507.6     2507.6     2507.6      2511      2508.8    2515.2   2517.2
 H-13-06{OW)1      2531.7     2502.7     2510.5                                                     Note 3                                               2505.1    2504.8   2506.0
 H-15-06{OW)1      2535.9     2507.9     2514.7   2512.0                           Note 3                               2515.5     2512.4     2512.7     2512.7    2512.4   2514.6
 H-20-06{OW) 1     2538.4     2520.4     2527.5   2525.2   2525.7        2528.9             2526.9           2529.6     2530.8     2527.5     2531.0     2530.3    2529.6   Note 5
 H-31-06{OW)1      2535.3     2515.3     2526.5   2526.0   2524.6        2525.5             2524.4           2524.3     2526.6     2526.5     2527.0     2527.1    2527.0   Note 5
CUL-003-07{OW)2    2539.6     2526.6                                            Data do not appear valid due to small fluctuation of water level
CUL-004-07{OW)2    2528.0     2502.0                          Note 6                                         2512.0     2512.5     2512.7     2512.8     2512.9    2513.1   2513.5
EMB-007-07{OW)2    2520.3     2484.3                                         Note 6                                                2512.4     2514.1     2514.7    2515.6   2516.3
EMB-015-07{OW)2    2541.4     2510.4     2514.3   2511.7   2511.5        2511.4             2514.6           2514.8     2518.8     2515.6     2519.2     2516.8    2519.3   2519.2
EMB-026-07(OW)2    2539.2     2508.2                                         Note 6                                                                     Note 7
                                  ---             --                ------              ---                       -                -                   ---           ----
                                                                          Table 1 (continued)
                                                                    Groundwater Level Measurements


                          Ground      Bottom                                              2008 Groundwater Level Measurements, feet
                         Elevation    of Well
      Boring I.D.           (ft)      EI. (ft)    28-Apr        28-May    13-Jun    27-Jun        14-Jul       28-Jul       19-Aug       28-Aug         13-Sep   28-Sep        29-0ct
     H-OI-06(OW)'          2536.0      2498.0     2510.8        2508.3    2513.6    2516.9       2513.8        2506.2       2506.8        2506.9        2506.8   2506.7        2507.2
     H-03-06(OW)'          2527.4      2502.4     2508.9        2507.3    2512.7    2516.5       2512.7        2507.2       2505.1        2505.9        2504.9   2504.8        2505.9
     H-07-06(OW)'          2521.2      2503.2           Note 3            2513.2    2516.9       2513.0                                            Note 3
     H-09-06(OW)'          2520.7      2494.7     25101.        2514.9    2517.4    2517.9       2514.1        2505.1                     2500.6                 Note 7        2496.3
     H-ll-06(OW)'          2522.4      2504.4     Note 5        2520.7    2521.4    2519.9        2516.3       2511.0                     2507.7                          Note 7
     H-13-06(OW)'          2531.7      2502.7     2508.4        2509.8    2513.8    2517.1        2513.3       Note 7                     Note 7                          Note 7
     H-15-06(OW)'          2535.9      2507.9     2519.0        2518.5    2517.2    2518.6        2515.7       Note 3                     2513.1                 Note 7        2512.1
     H-20-06(OW),          2538.4      2520.4     2531.2        2533.3    2530.9    2533.2        2531.3       2525.6                     2529.5                 2525.9        2530.0
     H-31-06(OW)'          2535.3      2515.3     2526.9        2527.1    2527.0    2526.7        2526.4       2526.0                     2525.8                 2525.2        2524.2
   CUL-003-07(OW)2         2539.6      2526.6                                      Data do not appear valid due to small fluctuation of water level
   CUL-004-07(OW)2         2528.0      2502.0     2513.2        2515.2    2515.7    2517.6        2515.3       2514.1                     2514.1                 2514.1        2513.9
   EMB-007-07(OW)2         2520.3      2484.3         See Note 5          2519.1    2518.4        2515.0       2512.4                     2511.4                 2510.8            2510.7
   EMB-015-07(OW)2         2541.4      2510.4     2527.0        2527.9    2524.2    2520.9        2516.6       2514.2                     2517.3                 2514.9        2515.6
   EMB-026-07(OW)2         2539.2      2508.2              Note 7         2514.1    2517.0        2513.6       Note 7                     Note 7                          Note 7
Notes
1. Ground elevations were surveyed by White ShieId Inc. on August I to 3, 2006 and August 23 to 25, 2006.
2. Ground elevations were surveyed by White Shield Inc. between September 13,2007 and January 9,2008.
3. The measured groundwater elevation was approximately at the bottom of the screen interval. Groundwater probe probably read any sediment/sand trapped at the bottom of the
    screen. The actual groundwater elevation may be lower than the measured elevation.
4. Approximately 0.5 ft rainwater ponded at ground surface around the stick-up protective casing (well is in approximately 2 to 3 ft deep drainage ditch adjacent to 1-90 WB.
5. The water level was not monitored because winter weather prevented access to the well.
6. The well was not installed at that time.
7. The water level was below the bottom of the well.
8. The water level was measured on June 1,2008.
9. Ground elevations were surveyed by White Shield Inc.
                                                                Table 2
                                           Rock Point Load Test Results at Gold Creek Bridges

                                                                                                    Unconfined
                                                                                                   Compressive
    Boring IDI      Depth        Rock       Weathering    Test    Dia.3      Width 4       DeS     Strength, q. 6   ISRM'         ISRM            Failure 8
     Sample #         (ft)       1)pe        State 1     Type 2   (mm)        (mm)         (mm)         ksi          Class.    Description         Type
H-01-061 C11        41.82       Andesite        II         D      65.0         85.3        65.00        3.9           R2      Moderately weak         1
H-OI-06 I C11     41.5-41.82    Andesite        II         A      97.5         65.0        89.85        3.2           RI        Very weak            5
H-OI-061 Cll      41.82-42.1    Andesite        II         A      85.3         65.0        84.02        3.0           R1         Very weak           2
                                                                          Average for H-OI-06:         3.4            Rl         Very weak
H-03-061 C21        82.63       Andesite        I          D      65.0        91.4      65.00          27.6           R4          Strong              1
H-03-061 C21      82.26-82.59   Andesite        I          A      100.6        65.0        91.24        13.5          R3      Moderately strong      2
H-03-061 C21       82.6-82.9    Andesite        I          A      91.4      65.0      86.99             17.0          R4           Strong            2
                                                                     Average for sample C21:            19.4          R4           Strong
H-03-061 C22         83.1       Andesite        I          D      65.0         61.0  65.00              10.6          R3      Moderately strong       I
                                                                       Average for H-03-06:             15.0          R4          Strong
GCB-OO 1-07IC13      37.60      Andesite        II         D         45         60    45.00             3.4           Rl        Very weak             1
GCB-00I-07/C13        41        Andesite        II         A         87       45.06    70.65            3.4           R1         Very weak           5
                                                                    Average for sample C13:             3.4           Rl         Very weak
GCB-00I-07/CI4        43        Andesite        I          A         97         44.96      74.52        5.9           R2      Moderately weak        5
GCB-00I-07/CI4        43        Andesite        I          D       45.1               50   45.10        13.3          R3      Moderately strong      1
                                                                    Average for sample C14:             9.6           R3      Moderately strong
                                                                   Average for GCB-00I-07:              6.5           R2      Moderately weak
GCB-002-07/CI9      50.65       Andesite        I          D       60.7        60.0  60.72              5.6           R2      Moderately weak         1
GCB-002-07/CI9      51.95       Andesite        I          A       63.0          60.7      69.78        7.5           R3      Moderately strong       2
                                                                    Average for sample C19:             6.6           R2      Moderately weak
GCB-002-07/C20       58.2       Andesite        I          D       60.7          68.0      60.72        12.2          R3      Moderately strong       I
GCB-002-07/C20       58.55      Andesite        I          A       71.0       60.7    74.08             10.3          R3      Moderately strong       2
                                                                   Average for sample C20:              11.2          R3      Moderately strong
                                                                                                                                Moderately
                                                                   Average for GCB-002-07:              8.9           R3
                                                                                                                                  strong
GCB-003-07/C20       75.1       Andesite        I          A       56.1          44.8      56.57        4.6           R2      Moderately weak         2
                                                                  Table 2 (continued)
                                                   Rock Point Load Test Results at Gold Creek Bridges


                                                                                                             Unconfined
                                                                                                            Compressive
   Boring ID!            Depth          Rock        Weathering       Test     Dia.3    Width 4     De 5     Strength, qu 6   ISRM'          ISRM            Failure 8
   Sample #                (ft)         Type         State 1        Type 2   (mm)       (mm)      (mm)           ksi          Class.     Description         Type
GCB-003-07/C20            75.6         Andesite           I           D        44.8        55.0    44.80         8.1           R3      Moderately strong        I
                                                                               Average for sample C20:           6.4           R2      Moderately weak
GCB-003-07/C21            78.4         Andesite           I           D        45.0        58.0       45         9.4           R3      Moderately strong        I
GCB-003-07/C21            80.1         Andesite           I           A        70.3        45.0    63.47         11.8          R3      Moderately strong        2
                                                                                 Average for sample C21:         10.6          R3      Moderately strong
                                                                                                                                         Moderately
                                                                               Average for GCB·003·07:           8.S           R3
                                                                                                                                            strong
GCB-005-07/C31            103.4        Andesite          I-II         A        40.0        44.8    47.77         29.9          R5        Very strong            2
GCB-005-07/C31            103.55       Andesite          I-II         D        44.8        59.0    44.80         16.8          R4           Strong              I
                                                                                 Average for sample C31 :        23.3          R4           Strong
GCB-005-07/C32           109.35        Andesite          I-II         A        76.0        44.8    65.84          5.9          R2      Moderately weak          5
GCB-005-07/C32            109.7        Andesite          I-II         D        45.0        54.0    45.00         19.4          R4           Strong              1
GCB-005-07/C32            110.7        Andesite          I-II         A        42.0        44.8    48.95         25.2          R4           Strong              2
                                                                                 Average for sample C32:         16.8          R4           Strong
                                                                               Average for GCB·00S·07:           20.1          R4           Strong
GCB-025-0S/ CIO        141.6-142.2      Basalt            I           D       60.0      95.0      60.00          O.S           R1      Very Weak Rock              1
GCB-025-0S/ CII        144.4-145.0      Basalt            I           D       60.0      75.0      60.00           1.5          R1      Very Weak Rock              1
GCB-025-08/ Cl1        149.6-150.0      Basalt            I           D       60.1      50.0      60.05          3.4           R1      Very Weak Rock              1
                                                                               Average for GCB·02S·08:           1.9           Rl         Very weak
Notes:
1. Weathering State: I - Fresh; II - Slightly weathered; III - Moderately weathered; IV - Highly weathered; V - Completely weathered
2. Test Type: A = Axial; D = Diametra1
3. Diameter: The loaded side initial dimension
4. Width: For axial and irregular specimens, second dimension value to calculate De
5. De - Equivalent diameter: for diametral specimens, same as diameter, otherwise it is the. square root of 4*Diameter*Widthht
6. Unconfined Compression Strength, qu: taken as 24.5*l s(50) in MPa for 65 mm core size, and 22* Is(50) in MPa for 45 mm core size based on Table 1 in ASTM
    D 5731-02
7.   ISRM Classification: RO: 0.28 to 1.03 MPa (0.04 to 0.15 ksi); Rl: 1.03 to 24.8 MPa (0.15 to 3.6 ksi); R2: 24.8 to 50.3 MPa (3.6 to 7.3 ksi); R3: 50.3 to 103.4
     MPa (7.3 to 15 ksi); R4:103.4 to 200 MPa (15 to 29 ksi); R5: > 200 MPa (>29 ksi).
S.   Failure Type: 1 - Diametral normal failure; 2 - Axial normal failure; 3 - Block normal failure; 4 - Diametra1, chipped failure; 5 - Axial, sheared at angle
                            APPENDIXJ

                         Log Of Test Boring




1-90
HYAK TO SNOWSHED VICINITY PHASE 1 B -
ADD LANES AND BRIDGES
09Y019
                        Washington State                                        LOG OF TEST BORING
                        Department of Transportation                                                                                Start Card _ _ _ _ __

                                                                                                                                    HOLE No.      CUL-003-07(OW)
              Job No     33758613.04000             SR            90                  Elevation   2539.6ft(774.1 m)
                                                                                                                                        Sheet _1_ of _2_

              Project 1-90 Snoqualmie Pass East                                                                                         Driller   Bobby Haller             Lic#~


            Drilling Contractor WSDOT Field Exploration Unit                                                                          Inspector Suren BalendrafTom Jackson


                Start June 25, 2007            Completion June 26, 2007               WeIIID#                                       Equipment Skid-Mounted CME-45 w/autohammer


              Station     1307+22'                       Offset    145.73'L            Casing HW, HQ                                   Method Wet Rotary


            Northing     1071188.53                  Easting       1752513.73         Latitude 4r22'02.980"N                         Longitude 121°22'20.150"W


              County Kittitas                  Subsection          SE 1/4 of NW 1/4                                          2_6_ Range 11 E
                                                                                                                    Section __                                   Township~



      g          I          .,            Rock Quality                                             .
                                                                                                   !,£z
                                                                                                    w-
                                                                                                       ~
                                                                                                                                                                              .,
                                                                                                                                                                              c
                                                                                                                                                                              E
                                          Designation
      'E.
       .,           ~
                 .'.,
                   !1
                            -=
                             e                                                                      ~I-
                                                                                                    00..
                                                                                                                                Description of Material                        2
                            0..               (%)                                                                                                                             iii
      0                                                                                            lOUl                                                                       .£
                 ~


                                                                                                              oto 2 feet: Silty SAND with or without gravel, medium
                                                                                                     9        dense, black to reddish brown, moist, homogenous
                                                                                                    13        (Topsoil).
                                                                                                   (22)


                                                                                                              2 to 11 feet: Well graded to poorly graded GRAVEL with
                                                                                                     7        sand and occasional cobbles and boulders, subrounded
                                                                                                     9        to subangular, loose to very dense, bluish gray to brown,
                                                                                                     25       moist to wet, homogenous, no HCI reaction.
                                                                                                    (34)      2 feet: Dense, well graded GRAVEL with sand.



                                                                                                    13        grades to very dense, well graded GRAVEL with sand
                                                                                                  50 for 2"   and boulders.
                                                                                                       5      grades to loose, well graded GRAVEL with sand.
                2                                                                                      o
                                                                                                       5
                                                                                                    (5)


                                                                                         D-5         14       grades to very dense poorly graded GRAVEL.
                                                                                                  50 for 2"
                                                                                         C-6                  grades to well graded GRAVEL with cobbles.
                                                                                        GW(C)


                3


                                                                                         C-7                  11 to 36 feet: Andesite, bluish gray. Slight HCI reaction.
                                                                                                              CR=100%, RQD=31 t081%.




                4




                                                                                         C-8
                5




t;:
i2              6
o
                Washington State                             LOG OF TEST BORING
                Department of Transportation                                                                    Start Card _ _ _ _ __

                                                                                                                HOLE No.       CUL-003-07(OW)
       Job No    33758613.04000             SR   90                  Elevation   2539.6 ft (774.1 m)
                                                                                                                     Sheet _2_ of _2_

       Project 1-90 Snoqualmie Pass East                                                                             Driller   Bobby Haller             Lic#~


                                  Rock Quality                                                                                                             c
g        ~                                             %
                                                                                                                                                            "
                                                                                                                                                           '2
.s::
a.          ~        '"
                    -=
                     e
                                  Designation         Rec.                                                   Description of Material
                                                                                                                                                           E



         *          a.                (%)                                                                                                                  U;
a"
 '       ::;:                                         FF                                                                                                   .EO




                                                                        C-9




        7




                                                                       C-10
        8




 30


                                                                       C-11




        10




  35


        11                                                                                Bottom of boring at 36 feet depth below ground surface.
                                                                                          Installed as observation well:
                                                                                            Backfilled from 36.0 feet to 12.0 feet with bentonite
                                                                                          chips. Installed 1-inch dia. observation well:
                                                                                              PVC screen interval with 0.010" slots: 12.0 - 7.0 feet;
                                                                                              PVC riser: 1.6 feet above ground surface to 7.0 feet;
                                                                                              Sand filter pack: 12 to 7 feet.
                                                                                              Backfilled from 7.0 to 1.5 feet with bentonite chips.
                                                                                              Installed quickcrete surface seal (0-1.5 feet) and
        12
                                                                                          stick-up monument steel casing (2.5-inch 1.0., approx.
                                                                                          3.0 feet long).

                                                                                          Water level measurements (below existing ground
                                                                                          surface):
                                                                                            From 7/3/07 to 12112/07 between 9.9 to 10.2 feet in
                                                                                          observation well.

        13




  45-L_ _       ~_-L_-L_-L_-L_-L_~                    __     ~   __L - L - _ - L_ _-L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _                              -L_~_~
                      Washington State                                             LOG OF TEST BORING
                      Department of Transportation                                                                                    Start Card _ _ _ _ __

                                                                                                                                      HOLE No.     CUL-004-07(OW)
            Job No 33758613.04000                      SR            90                  Elevation   2528.0 ft (770.5 m)
                                                                                                                                         Sheet _1_ of _3_

            Project 1-90 Snoqualmie Pass East                                                                                            Driller   Bobby Haller/Mike Harvelil:# 2779/2599

        Drilling Contractor WSDOT Field Exploration Unit                                                                               Inspector Ken Yang/Suren Balendra


              Start September 6, 2007             Completion September 10, 2007 WeI1ID# _ _ _ _ _ _ _ _ _ _ Equipment CME 45 (skid rig) w/auto-hammer


            Station     1307+43.00                          Offset    51.07'L             Casing HW, HQ                                 Method Wet Rotary


        Northing        1071148.63                      Easting       1752426.06         Latitude 47"22'02.577"N                      Longitude 121°22'21.417"W


            County Kittitas                       Subsection          SE 1/4 of NW 1/4                              Section      26      Range 11E             Township22-


g                                          Rock Quality                     %
                                                                                                                                                                                       c
.<::                        '"
                            i;:            Designation                     Rec.                                                  Description of Material
                                                                                                                                                                                       '"
                                                                                                                                                                                       E
a.                          e
                            0..                  (%)
                                                                                                                                                                                       2
                                                                                                                                                                                       t)
D'"                                                                         FF                                                                                                         .E
                                      20    40         60       80
                       ,':' t ':'            :         :         :                                            oto 2 feet: Well graded GRAVEL with sand.
                       ~-
                        •••
                                             I
                                             I
                                                       I
                                                       I
                                                                 I
                                                                 I
                       !t!                   I
                                             I
                                                       I
                                                       I
                                                                 I
                                                                 I
                       ~
                       o 0        0
                                                       I         I                                            2 to 28 feet: Well graded to poorly graded GRAVEL with
                       i>0                             I         I                                            sand and oocasional cobbles, oocasional silty GRAVEL
                        0   0     0                    I         I                                            with sand and silty SAND with gravel, occasional silt,
            1-1
                       ?o?
                       )0
                                                       I
                                                       I
                                                                 I
                                                                 I
                                                                                                              angular to subangular, loose to very dense, gray to
                                                                                                              brown, wet, homogenous, no HCI reaction.
                                                                                                                                                                             -

                        0         0
                                                       I         I                                            5 feet: Loose, well graded GRAVEL with sand.
                            0
                                                       I         I
       5-
                       ?o?
                       )0
                                                       I
                                                       I
                                                                 I
                                                                 I        _0_              J1:Q..     14
                        0   0     0                    I         I                          GW        4
                       ?o?
                       )0
                                                       I
                                                       I
                                                                 I
                                                                 I
                                                                                                      4
                                                                                                      (8)
            1-2         0   0     0                    I         I                                                                                                           -
                       ?o?
                       )0
                                                       I
                                                       I
                        0         0
                                                       I
                            0
                                                       I
                       ?o?
                       )0
                                                       I
                                                       I
                        0   0     0

                       ?o?
                       p 0                                                -..2L             D-1        5                                                                  t- - ;.'1-"
                       o. 0                                                                G'i["              grades to dense.                                                  :-1- .:.
                       0. 000
                                      I      I
                                                                                                       12
                                                                                                       21
                                                                                                                                                                                    t= .•
                                                                                                                                                                                   .t= ..'
                                                                                                                                                                                  ••

                       PO~O           I      I                                                        (33)                                                                        ::~ :::
                        °00°0         I
                                      I
                                             I
                                             I
                                                                                                                                                                                  ::~:::
                                                                                                                                                                                   .~ ••
                       J> 0           I      I                                                                                                                                    .. ~ ..•
                        0         0   I      I                                                                                                                                    :-1- -:.
                                                                                                                                                                             - •• :~:-:
                            0


            1-4        °00°0 I               I                   I                                                                                                             .'.~ •••
                       pol                   I         I         I                                                                                                                :.1- .:.
                       0.0   I               I         I         I                                                                                                                •• ~ ••.
                       ° °
                       00 0
                             I
                             I
                                             I
                                             I
                                                       I
                                                       I
                                                                 I
                                                                 I
                                                                                                                                                                                  -:~:-:
                                                                                                                                                                                   t= ...
                                                                                                                                                                                  ••
 15-
                       80~080         :
                                      I
                                             :
                                             I
                                                       :
                                                       I
                                                                 :
                                                                 I
                                                                          ~          ~ gvJ             9
                                                                                                      22
                                                                                                              grades to very dense.                                       IY     :~~~~~~
                                                                                                                                                                          I ~ •• ~ ••
                       ~ 0            I      I         I         I                                    34                                                                          :.1--:.
                       C'                                                                                                                                                       .~ • •
                        0         0   I      I         I         I                                    (56)                                                                   _-:.~-:.
                       ?O?
                            0
            1-5
                                      I      I         I         I        ~                 C-3               grades to poorly graded GRAVEL with cobbles.                       .-:t=: . :
                       i> 0           I
                                      I
                                             I
                                             I
                                               I
                                               I
                                                                 I
                                                                 I
                                                                                           GP(C)
                                                                                                              Maximum size of the cobbles encountered is 3.5 inches.              .:t:: :.:
                                                                                                                                                                                       ~.


                                                                                                                                                                                   .1- •.•
                       ?O?
                        0   0     0
                                      I
                                      I
                                             II
                                             I I
                                                                 I
                                                                 I
                                                                                                                                                                                   .t= ..•
                                                                                                                                                                                   :~:::
                       ~~O            I      I         I         I                                                                                                                 .t=-:.
                       °00°0          I
                                      I
                                             I
                                             I
                                                       I
                                                       I
                                                                 I
                                                                 I
                                                                                        :~:-:
                                                                                        .f::.:-
                       ) 0            I      I         I         I                    ·.·C·.·
 20-L1-_16_~0~0~0~__IL-~I_ _L-I_L-I~_ _~~~_ _L-_~_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~~-.~~I-~.~
                                                                                       •.    ••
                     Washington State                                     LOG OF TEST BORING
                     Department of Transportation                                                                          Start Card _ _ _ _ __

                                                                                                                           HOLE No.      CUL-004-07(OW)
           Job No     33758613.04000                SR        90             Elevation   2528.0 ft (770.5 m)
                                                                                                                               Sheet _2_ of _3_

           Project 1-90 Snoqualmie Pass East                                                                                   Driller   Bobby Haller/Mike Harvell:#~599

                                        Rock Quality                                                                                                              E
      g      I
      £         ~        '"
                         ;;:            Designation                                                                    Description of Material
                                                                                                                                                                  E'2
                                                                                                                                                                    "
      c.     .Sl         2                    (%)                                                                                                                 ii)
                         0..
      '"
      0      :; '"                                                                                                                                                .E
                                   20    40         60   80
                                                                                                     grades to medium dense, silty SAND with gravel.

                                                                                           13
                         0     0

                        o?
                        o
                                                                                          (22)


                         0     0


            7
                        o?
                        o
                         0     0

                        o?
                        o
                         0     0

                        O?
                        o
                                                                                D-5
                                                                               MUGM
                                                                                            18
                                                                                         50 for 3"
                                                                                                     A 4-inch thick silt lense was encountered.
                                                                                                     grades to very dense silty GRAVEL with sand.
                         0     0
            8           o?
                        o
                         0     0

                        o?
                                                                    92
                                                                   -.4-
                                                                                C-6                  28 to 40 feet: Andesite, light green to black, fine to
                                                                                                     medium grained, fresh, moderately strong rock (R3).
                                                                                                     None to weak HCI reaction. Discontinuities are closely to
                                                                                                     medium spaced and in good to fair condition.
            9
                                                                                                     28 feet: No HCI reaction. Discontinuities are medium
                                                                                                     spaced and in good condition.




                                                                    ..
                                                                   100
                                                                   - -
                                                                                C-7                  Discontinuities are closely spaced and in fair condition.


            10




      35


            11
                                                                   100          C-8                  Weak HCI reaction.
                                                                   12




.,
§
iii         12
~
<.?   40
~
0
                                                                                                     Bottom of boring at 40 feet depth below ground surface.
0
.,                                                                                                   Installed as observation well:
'"
0                                                                                                      Backfilled from 40.0 feet to 26.0 feet with bentonite
~
0                                                                                                    chips. Installed 1-inch dia. observation well:
T                                                                                                      PVC screen interval with 0.010" slots: 25.0 - 10.0 feet;
(f)
<.?                                                                                                    PVC riser: 1.8 feet above ground surface to 10.0 feet;
z
iE                                                                                                    Sand filter pack: 26 to 9 feet.
0           13
m                                                                                                      Backfilled from 9.0 to 1.5 feet with bentonite chips.
z                                                                                                      Installed quickcrete surface seal (0-1.5 feet) and
~
0                                                                                                    stick-up monument steel casing (2.5-inch 1.0., approx.
0
0::                                                                                                  3.0 feet long).
>-
u.
«
0::
0
                                                                                                     Water level measurements
           ~
       Y"
       ~               Washington State
                       Department of Transportation
                                                                           LOG OF TEST BORING
                                                                                                                                 Start Card _ _ _ _ __

                                                                                                                                 HOLE No.       CUL-004-07(OW)
             Job No     33758613.04000               SR        90                     Elevation   2528.0 ft (770.5 m)
                                                                                                                                      Sheet _3_ of _3_

                 .       -
             p rOJect I 90 Snoqualmie Pass East                                                                                         '
                                                                                                                                      Dn11 er   Bobbv Haller/Mike Harvelt# 2779/2599
                                                                                          _ .c
                                                                                             0

       g                                 Rock Quality                                 "
                                                                                     "-   dE                                                                            :&      'E
                I            '"
                             iE          Designation
                                                                     %        .s;;
                                                                           tig>
                                                                                     »
                                                                                     I-   ;z»
                                                                                          ",'"
                                                                                                  fez
                                                                                                   V>   ~
                                                                                                                                                                        ~
                                                                                                                                                                         co
                                                                                                                                                                        '0      '"
                                                                                                                                                                                E
                 !'!                                                                                                          Description of Material
       :[
                 '"
                             e                 (%)
                                                                    Ree.   0",
                                                                           0::.=      "
                                                                                     'E
                                                                                     a.   -I-
                                                                                          "-0
                                                                                                   ~I-
                                                                                                   00..
                                                                                                                                                                        c
                                                                                                                                                                        ::l
                                                                                                                                                                                2
                                                                                                                                                                                en
       '"
       0
                Q)
                :2
                             0..                                    FF
                                                                              '"     co   Eo
                                                                                          co",    ii'i'"                                                                e
                                                                                                                                                                        (!)
                                                                                                                                                                                .E
                                    20    40         60   80                         '"   "'$
                                                                                                            surface):
                                                     I    I
                                                                                                            - 9/10/07 at 13:15: 15.6 feet.
                                                     I    I                                                                                                                 -
             -14                                                                                            -12112107 at 16:00: 14.5 feet.
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I                                                                                                                 -
             1--15                                   I    I
                                                     I    I
       so-                                           I    I                                                                                                           I--
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
                                                     I    I
             1--16                   I               I    I                                                                                                                 -
                                     I                    I
                                     I                    I
                                     I     I              I
                                     I     I              I
                                           I              I
                                           I              I
       55-                                 I              I                                                                                                           I--
                                           I              I
             -17                           I              I                                                                                                                 -
                                           I              I
                                           I              I
                                           I              I
                                           I              I
                                           I              I
                                           I              I
                                           I              I
                                           I              I
             1--18                         I              I                                                                                                                 -
                                           I              I
                                           I              I
       60-                                                                                                                                                            I--
                                           I              I
                                     I     I              I
                                     I     I              I
                                     I     I              I
                                     I     I              I
                                     I     I              I
             -19                     I     I              I                                                                                                                 -
                                     I     I              I
                                     I     I              I
                                     I     I              I
                                     I     I              I
                                     I     I              I
                                     I     I         I    I
({                                   I     I         I    I
(!)    65-                                                                                                                                                            I--
g                                    I     I         I    I
N            -20                     I     I         I    I                                                                                                                 -
co
o
o                                    I     I         I    I
o                                    I     I         I    I
'"
-                                    I     I         I    I
(/)
(!)                                  I     I         I    I
z                                    I     I         I    I
ii':
o                                    I     I         I    I
co                                         I         I    I
z                                    I
                                     I     I         I    I
'"
u
o            -21                     I     I         I    I                                                                                                                 -
Ir
                                     I     I         I    I
i
Cl
       70
                                     I
                                     I
                                           I
                                           I
                                                     I
                                                     I
                                                          I
                                                          I
                           Washington State                                              LOG OF TEST BORING
                           Department of Transportation                                                                                               Start Card _ _ _ _ __

                                                                                                                                                      HOLE No.      CUL-005-07
               Job No 33758613.04000                       SR            90                             Elevation    2522.4 ft (768.8 m)
                                                                                                                                                                 1
                                                                                                                                                          Sheet ___         of _2_

               Project 1-90 Snoqualmie Pass East                                                                                                          Driller   Bobby Haller           Lic#~


            Drilling Contractor WSDOT Field Exploration Unit                                                                                           Inspector Suren Balendra


                 Start June 23, 2007                     Completion June 25, 2007                        WeIlID# Not Applicable                       Equipment Skid-Mounted CME45 wlautohammer


               Station      1307+62'                            Offset    27.90'R                         Casing HW 45"                                  Method Wet Rotary


            Northing        1071115.68                         Easting    1752351.28                     Latitude 47"22'02.243"N                      Longitude 121°22'22.498"W


               County Kittitas                           Subsection       SE 1/4 of NW 1/4                                            Section    26       Range 11E                Township~

                                                                                                              0
                                                                                                           _.<:>
      g              I                             Rock Quality
                                                                               %              .c:   '"
                                                                                                    0.
                                                                                                    »      6E
                                                                                                           z»        !ez
                                                                                                                                                                                                CD
                                                                                                                                                                                               10    C
      .c:            ~
                                 i;::'"            Designation                          tlg.,;             ",00       "'~
                                                                                                                                                                                                ~    '"
                                                                                                                                                                                                     E
      C.             ill             e                 (%)
                                                                              Rec.      o CD -
                                                                                        a::   ~     0.
                                                                                                           -f-
                                                                                                           0.
                                                                                                            0
                                                                                                                      ~f-
                                                                                                                      00..
                                                                                                                                                  Description of Material                      "0
                                                                                                                                                                                                c    2
      '"
      0
                     CD
                     ::2
                                 0..
                                                                                FF            -
                                                                                              00 '"
                                                                                                    E      Eo
                                                                                                           "'00
                                                                                                                      jjjOO                                                                    e"
                                                                                                                                                                                               CD
                                                                                                                                                                                                     (j)
                                                                                                                                                                                                     oS
                                              20    40     60       80
                                                                                                 00        oo~

                            ,:,.,:,           I             I        I
                                                                               .1d.
                                                                                                           ~
                                                                                                                       ;j

                                                                                                                        6
                                                                                                                                o to 2 feet: Topsoil- Silty SAND with grass roots,
                            ••
                            •••               I
                                              I
                                                            I
                                                            I
                                                                     I
                                                                     I
                                                                                                                       10
                                                                                                                                medium dense, dark brown, moist, homogenous, no HCI
                                                                                                                                reaction .
                            !.!               I                      I
                                                                                                                      (16)

                            ••
                            •••
                                              I
                                              I
                                                                     I
                                                                     I        _6_                          C-2
                                                                                                          GP                    2 to 8 feet: Poorly graded GRAVEL with or without
                            !.!               I
                                              I
                                                                     I
                                                                     I
                                                                                                                                cobbles, subrounded to subangular, brown to gray, moist

               f-1          ••
                            •••               I                      I
                                                                                                                                to wet, homogenous, no HCI reaction .
                                                                                                                                2 feet: Poorly graded GRAVEL with sand .                         -

                            !.!               I
                                              I
                                                                     I
                                                                     I
                            ••
                            •••               I
                                              I
                                                                     I
                                                                     I
          5-                !.!               I                      I        ~                            C-3                  grades to poorly graded GRAVEL with cobbles.
                                                                                                                                                                                           -
                            ••
                            •••
                                              I                      I
                                                                     I
                                                                                                          GP(C)



                            !.!                     I
                                                    I
                                                                     I
                                                                     I                                                                                                                           -
               1-2
                            ••
                            •••                     I                I                                                                                                                      '5l
                            !.!                     I
                                                    I      I        I
                                                                     I

                            ~
                            ~    ,\/,
                                                    I
                                                    I
                                                    I
                                                           I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                    I
                                                                              ~                     I      D-4
                                                                                                           OL
                                                                                                                       1
                                                                                                                       2
                                                                                                                                8 to 10 feet: Sandy ORGANIC SOIL with gravel and
                                                                                                                                decayed wood, subangular, loose, dark brown, wet,
                                                                                                                       3        homogenous, no HCI reaction.
                                                    I      I        I



                                                                                                  !N
                            ,\/,        ~
                                                                                                                      (5)
                                                    I      I        I
                            "    ,\/,
                                                    I      I        I                                                                                                                           -
       10- f-3              ro 0
                             o
                                      0
                                          0
                                                    I
                                                    I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                              _3_
                                                                                                           SM
                                                                                                                       0
                                                                                                                       1
                                                                                                                                10 to 28 feet: Poorly to well graded GRAVEL,
                            pO                                                                                                  occasionally silty GRAVEL and silty SAND with gravel,
                            0    0      0           I      I        I                                                  3        occasional cobbles, very loose to very dense, dark brown
                            ?o?
                            pO
                                                    I
                                                    I
                                                    I
                                                           I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                    I
                                                                                                                      (4)       to gray, wet, homogenous, No HCI reaction.
                                                                                                                                10 feet: Very loose, silty SAND with gravel.
                            0           0                  I        I
                                 0
                                                    I

               -4
                            ?o?
                            pO
                                              I
                                              I
                                                    I
                                                    I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                              _0_                          D-6         2
                                                                                                                       1                                                                        -
                            0    0      0     I     I      I        I                                                  1

                            ?o?
                            pO
                                              I
                                              I
                                                    I
                                                    I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                                                                      (2)

                            0           0     I     I      I        I
~                                0

                            ?o?               I            I        I

                                                                                                    ~=
<!)    15-                                                                    ~                                        3                                                                   f-
13                                            I            I        I                                                           grades to very dense, silty GRAVEL with sand.
o                           )0                                                                             GW          4
.,
N                                             I            I        I
                            0         0                                                                             50 for 2"
o                                0
                                              I            I        I
o
o
~
               -5           ?o?
                            )0
                                              I
                                              I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                              ..1§...                      C-8
                                                                                                          GP(C)
                                                                                                                                grades to poorly graded GRAVEL with cobbles.                    -
(/)
                            0    0    0       I            I        I
                            ?o?
<!)
z                                             I            I        I
0::
o                                             I            I        I
en                          )0
Z                           0    0    0       I            I        I
'"
U
fE                          ?o?
                            )0
                                              I
                                              I
                                              I
                                                           I
                                                           I
                                                           I
                                                                    I
                                                                    I
                                                                    I
t;:                         0         0
<{
             1-6
                                 0
                                              I            I        I                                                                                                                           -
0::
a     20
                            °nO               I     I      I        I
                Washington State                                      LOG OF TEST BORING
                Department of Transportation                                                                       Start Card _ _ _ _ __

                                                                                                                   HOLE No.      CUL-005-07
       Job No 33758613.04000                  SR        90               Elevation   2522.4 ft (768.8 m)
                                                                                                                       Sheet _2_ of _2_

       Project 1-90 Snoqualmie Pass East                                                                               Driller   Bobby Haller           Lic#....2,]JL


g                                 Rock Quality                                                                                                                   "E
.c::
         I          Ql
                    iE            Designation
                                                                                                                                                                  Q)
                                                                                                                                                                  E
            ~                                                                                                  Description of Material
Q.                  e                                                                                                                                            2

         *
Ql                  (L                  (%)                                                                                                                      iii
0        ::;;                                                                                                                                                    oS
                             20    40         60   80
                                                                                              grades to dense, silty GRAVEL with sand.

                    0    0

                   o?
                   a                                                                          grades to well graded GRAVEL with cobbles.
                    0    0


        7
                   o?
                   a                                                        C-11
                                                                           GP(C)
                                                                                              grades to poorly graded GRAVEL with cobbles.
                    0    0

                   o?
                   a
                    0    0
 25                o?
                   a
                                                                            D-12
                                                                           C':'f3A
                    0    0                                                 GP(C)

                   o?
                   a
                    0    0

                   o?
                                                             ..JL          C-13B              Andesite, grayish blue, fine grained, fresh, moderately
                                                               4
                                                                                              strong (R3). None to weak HCI reaction. Discontinuities
                                                                                              are closely spaced and in poor condition.
                                                                                              CR=67 to 100%, RQD=25 to 39%, FF=1 to 4.
        9

                                                               ,
                                                             ..1QQ.        C-14




                                                               ,
                                                             ...QL         C-15

        10




                                                             -,-
                                                             100           C-16


        11




        12

                                                                                              Bottom of boring at 40 feet depth below ground surface.
                                                                                              Backfilled to ground surface with bentonite chips.

                                                                                              Water level measurements (below existing ground
                                                                                              surface):
                                                                                              - 6/24/07: 7 feet.
        13
                      Washington State                                             LOG OF TEST BORING
                      Department of Transportation                                                                                          Start Card _ _ _ _ __

                                                                                                                                            HOLE No.     CUL-006-07
           Job No 33758613.04000                     SR            90                      Elevation      2528.8 ft (770.8 m)
                                                                                                                                                      1
                                                                                                                                               Sheet ___         of _2_

           Project 1-90 Snoqualmie Pass East                                                                                                   Driller   Bobby Haller            Lic#~

      Drilling Contractor WSDOT Field Exploration Unit                                                                                       Inspector Suren Balendra


             Start June 23, 2007                Completion June 25, 2007                       WeIlID# Not Applicable                       Equipment Skid-Mounted CME-45 wlautohammer


          Station      1312+01.98                         Offset    46.95'R                     Casing HW, HQ                                 Method Wet Rotary


      Northing         1070684.86                        Easting    1752360.54                 Latitude 4r21'57.993"N                       Longitude 121°22'22.295"W


          County Kittitas                       Subsection          SE 1/4 of NW 1/4                                       Section     26      Range 11E                Township~

                                                                                          .,     _.0
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                                                                                                                                                                                   2
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                                         Rock Quality
                                                                          %         .<:
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                                                                                          >-     dE
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                                    20    40         60       80
                                                                                          Ul     Ul~

                       ,:".,:"
                                    I
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                                                                                                             L       o to 4 feel: Poorly graded silty SAND with gravel with
                                                                                                             4
                       ••
                       •••
                                           I
                                           I
                                                               I
                                                               I
                                                                                                            10
                                                                                                                     trace of organic soil, subrounded to subangular, loose to
                                                                                                                     medium dense, dark brown, moist to wet, homogenous,
                       !.!                 I                   I
                                                                                                           (14)      No HCI reaction.
                                                                                                                     o feel: Medium dense silty SAND with gravel.
                       ••
                       •••
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                                           I
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                                                               I
                                                                        -..2L                    D-2
                                                                                               M-OUG~
                                                                                                             3       2.5 feel: grades to loose, silty SAND with gravel with
          -1           ••
                       •••                 I                   I
                                                                                                             4
                                                                                                             4
                                                                                                                     trace of organic soil.                                            -
                       !.!                 I
                                           I
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                                                               I
                                                                                                             7
                                                                                                            (8)
                       ••
                       •••
                                           I
                                           I
                                                               I
                                                               I        ~                        C-3
                                                                                                                     4 to 29.5 feel: Poorly graded to well graded GRAVEL
                                                                                                                     with or without sand, occasional silty GRAVEL,
     5-                !.!          I      I                   I
                                                                                                GW(C}                occasional cobbles and boulders,subangular, very dense, f--
                                                                                                                     brown to gray, wet, homogenous, no HCI reaction.
                       ••
                       •••
                                    I
                                    I
                                           I
                                           I
                                                               I
                                                               I                                                     4 feel: Well graded GRAVEL with cobbles. Maximum

          -2
                       !.!          I
                                    I
                                           I
                                           I
                                                               I
                                                               I
                                                                        ~                        D-4
                                                                                                 GW
                                                                                                            11
                                                                                                            29
                                                                                                                     size of the
                                                                                                                     6 feel: grades to well graded GRAVEL with sand.             -
                       ••
                       •••          I      I                   I                                            21

                       !.!          I
                                    I
                                           I
                                           I
                                                               I
                                                               I        .l&.                    J&
                                                                                                           (50)
                                                                                                                     7.5 feel: grades to well graded GRAVEL with cobbles .
                       ••
                       •••
                                    I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I
                                                                                                GW(C}
                                                                                                                     Maximum size of the cobbles encountered is 5.5 inches .

                       !.!          I      I         I         I        ~                        D-6
                                                                                                GM
                                                                                                           19        8.5 feel: grades silty GRAVEL with sand.
                       ••
                       •••
                                    I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I
                                                                                                           25
                                                                                                         50 for 5"

10-
          -3           !.!          I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I        J.QQ.                    C-7
                                                                                                                                                                                 f---
                       ••
                       •••          I      I         I         I                                GP(C)
                                                                                                                     grades to poorly graded GRAVEL with cobbles .
                                                                                                                     Maximum size of the cobbles encountered is 4 inches .
                       !.!          I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I        ..2Q...                  D-8     50 for 2"   grades to poorly graded GRAVEL.
                       ••
                       •••
                                    I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I
                                                                        -M-                     ~                    grades to poorly graded GRAVEL with cobbles .
                                                                                                                     Maximum size of the cobbles encountered is 7.5 inches.
                       !.!          I      I         I         I

          -4
                       ••
                       •••
                                    I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I                                                                                                                       -
                       !.!          I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I        ..l§...                 D-10     50 for 5"   grades to poorly graded GRAVEL with sand.
                       ••
                       •••          I      I         I         I        ~                       C-11
                                                                                                GP(C}
                                                                                                                     grades to poorly graded GRAVEL with cobbles .                5l.
                       !.!          I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
                                                               I
                                                                                                                     Maximum size of the cobbles encountered is 3.5 inches.
15-
                       ••
                       •••
                                    I
                                    I
                                           I
                                           I
                                                     I
                                                     I
                                                               I
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                                                                                                                                                                                 f--


                       !.!          I      I         I         I
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                       •••
                                    I
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                                                     I
                                                               I
                                                               I
                                                                        ~
                                                                        ~
                                                                                                D-12
                                                                                                C-13
                                                                                                r:,w-
                                                                                                         50 for 5"   grades to poorly graded GRAVEL with sand.
                                                                                                                     grades to well graded GRAVEL with sand.
                                                                                                                                                                                       -
                       !.!          I
                                    I
                                          I
                                           I
                                                     I
                                                     I
                                                              I
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                       ~.                 I          I        I
                       •••          I

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                                                              I
                                                              I
                                                                        ~                       D-14
                                                                                                GP
                                                                                                            25
                                                                                                            21
                                                                                                                     grades to poorly graded GRAVEL with sand.

                       !.!
                         -
                                                                                                         50 for 3"
                                    I     I          I        I                                                                                                                        -
          f--6                      I     I          I        I          67                     C-15
20
                       Washington State                                         LOG OF TEST BORING
                       Department of Transportation                                                                          Start Card _ _ _ _ __

                                                                                                                             HOLE No.       CUL-006-07
             Job No     33758613.04000               SR        90                  Elevation   2528.8 ft (770.8 m)
                                                                                                                                  Sheet _2_ of _2_

             Project 1-90 Snoqualmie Pass East                                                                                    Driller   Bobby Haller            Lic#~


       g                   .,            Rock Quality                                                                                                                  c
                                                                                                                                                                       .,
       .c:
               £           ~             Designation
                                                                       %
                                                                                                                                                                       E
                  ~                                                 Rec.                                                  Description of Material
       .,
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       0          ~
                           2
                           0..                 (%)                   FF
                                                                                                                                                                       2
                                                                                                                                                                       U;
               :::;:                                                                                                                                                   £:
                                    20    40         60   BO
                                                                                     GP(C)
                                                                                                        grades to poorly graded GRAVEL with cobbles.
                                                                                                        Maximum size of the cobbles encountered is 4 inches.




              7
                          -
                          -••
                           .!
                                                                    _9_
                                                                    ...£2....
                                                                                      D-16
                                                                                      C-17
                                                                                     GP(C)
                                                                                                        grades to well graded GRAVEL with sand .
                                                                                                        grades to poorly graded GRAVEL with cobbles.
                                                                                                        Maximum size of the cobbles encountered is 11 inches.




        25
                          -
                          -
                           ••
                           .!
                           ••
                           .!

                          -
                          -
                           ••
                           .!
                           ••
                           .!
                                                                                     C-1BA




        30
                          -••
                           .!
                                                                      50
                                                                    -5-
                                                                                     C-188              29.5 to 41 feet: Dacite to Basalt, pale blue green to
                                                                                                        grayish blue, fine to medium grained, very weak rock
                                                                                                        (R1). No HCI reaction. Discontinuities are closely spaced
                                                                                                        and in very poor condition.
                                                                    J.QQ.             C-19              CR= 50 to 100%, RQD=O to 39%, FF=5 to 8.
                                                                       8
                                                                                                        29.5 feet: Pale blue green Dacite.
                                                                                                        31 feet: grades to grayish blue Basalt.

              10




        35


              11                                                     100
                                                                    -8-
                                                                                      C-20




'"
§
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...,
n.
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r-:
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~                                                                                                       Bottom of boring at 41 feet depth below ground surface.
0
~                                                                                                       Backfilled to ground surface with bentonite chips.
(/)
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z                                                                                                       Water level measurements (below existing ground
0:            13
0                                                                                                       surface):
CD
Z
                                                                                                        - 6/25/07: 14.3 feet.
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                           Washington State                                                    LOG OF TEST BORING
                           Department of Transportation                                                                                                  Start Card _ _ _ _ __

                                                                                                                                                         HOLE No.      EMB-001-07
              Job No 33758613.04000                            SR               90                           Elevation   2524.8 ft (769.6 m)
                                                                                                                                                                    1
                                                                                                                                                             Sheet ___         of _2_

              Project 1-90 Snoqualmie Pass East                                                                                                              Driller   James Fetterly       Lic#~

         Drilling Contractor WSDOT Field Exploration Unit                                                                                                 Inspector Tom Jackson


                Start October 2,2007                      Completion October 2, 2007                         WeIlID# Not Applicable                      Equipment CME 45 (skid rig) w/auto-hammer


             Station        1224+25                                    Offset    230.77'L                     Casing HW, HQ                                 Method Wet Rotary


         Northing 1079172.546                                      Easting       1750491.222                 Latitude 47"23'21.542"N                     Longitude 121°22'50.821"W


             County Kittitas                              Subsection             SW 1/4 of SW 1/4                                        Section    14       Range 11E              Township~

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                                                                                                        00      UJ:s:
                                              20    40         60          80
                            I':' • ':'        I      I             I        I                                 GWc)
                                                                                                                                  o to 11 feel: Well graded GRAVEL with cobbles and
                                                                                                                                  boulders, subrounded to subangular, medium dense,
                            ~-
                             •••
                                              I
                                              I
                                                     I
                                                     I
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                                                                           I                                                      gray, moist, homogenous, HCI not tested .
                            !.!               I
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                                                               I
                                                               I
                                                                           I
                                                                           I
                                                                                                                                  o feel: Well graded GRAVEL with cobbles. Maximum
                                                                                                                                  size of the cobbles encountered is 6 inches.
                            ~-
                            •••               I      I         I           I
                            !.!               I
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             1--1           ~-
                            •••               I      I         I           I                                                                                                                      -

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                            ~-
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                                                                                     ~                          D-2
                                                                                                               G'iI
                                                                                                                           6
                                                                                                                          10
                                                                                                                                  grades to GRAVEL with sand.
                                                                                                                                                                                                  -
                            ~-
                            •••               I      I         I           I                                              14

                            !.!               I
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                                                                           I                                   Ja
                                                                                                                         (24)
                                                                                                                                  grades to GRAVEL with boulders. Maximum size of the
                            ~-
                                                                                                              GW(B)
                                              I      I         I           I                                                      boulders encountered is 12 inches.
                            •••               I      I         I           I
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                                                                           I
                                                                           I
                            ~-
                                              I
                            •••               I      I         I           I
                            !.!
 10-
             -3

                            .-
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                                                               I
                                                               I
                                                                           I
                                                                           I
                                                                           I
                                                                           I
                                                                           I         ~                          D-4       3       11 to 19 feel: Poorly graded to well graded GRAVEL with
                                                                                                                                                                                            --

                             o   0        0                                                                    Sf,;!
                                                                                                                           9
                            )0                I     I          I           I                                                      sand or cobbles with occasional lenses of medium dense
                            0             0   I     I          I           I                                               7      silty SAND, subrounded to subangular, medium dense,
                                 0

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                                              I
                                              I
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                                                               I
                                                               I
                                                                           I
                                                                           I                                   C-5
                                                                                                              GP(C)
                                                                                                                         (16)     gray, moist, homogenous, HCI not tested.
                                                                                                                                  12.5 feel: Medium dense silty SAND.
             -4             0         0
                                              I     I          I           I                                                      grades to poorly graded GRAVEL with cobbles.                   -
                                 0

                           ?o?
                            )0
                                              I
                                              I
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                                                    I
                                                    I
                                                               I
                                                               I
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                                                                           I
                                                                           I
                                                                                                                                  Maximum size of the cobbles encountered is 6 inches.

                            0    0    0       I     I          I           I
 15-                       ?o?
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                                              I
                                              I
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                            0    0    0       I     I          I           I
                           ?o?                I     I          I           I


                                                                                                    ~-
                                                                                     -2lL                                 10      grades to well graded GRAVEL with sand.
          1--5                                I     I          I           I                                   GW                                                                                -
                            )0                                                                                             6
                            0         0
                                              I     I          I           I
                                 0                                                                                         6
                           ?o?
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                                                                                                                         (12)

                            0    0    0       I     I          I           I
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                                              I
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                            ~                 I     I          I           I                                                      19 to 23 feel: SILT, soft, brown, moist, with harder
                                                    I          I           I         ...mL            D-7                 1
20
          ~6
                                              :     I          I           I                        % MI                          lumps, blocky, HCI not tested .                                -
                           Washington State                                   LOG OF TEST BORING
                           Department of Transportation                                                                           Start Card _ _ _ _ __

                                                                                                                                  HOLE No.      EMB-001-07
                 Job No     33758613.04000          SR           90                   Elevation    2524.8 ft (769.6 m)
                                                                                                                                       Sheet _2_         of _2_

                 p rOject I-90 Snoqualmie Pass East
                     .                                                                                                                    ."
                                                                                                                                       o n er   James Fetterlv      L'C#
                                                                                                                                                                     I            2507
                                                                                             0
                                                                                     CD
                                                                                     a.
                                                                                          _.0
                                                                                          ciE                                                                             2          E
       g           :[                        Rock Quality              %       .<:   >-   z>-      fez                                                                    '"
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                                             Designation                      ug';        ",en     "'~                                                                    "0         E
       .<:
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                                                                                                                                                                          ::>
                                                                                                                                                                                     2
                                                                                                                                                                                     <;j


                   *           a.               (%)                                                                                                                       e
       CD
       0           :2
                                                                       FF      ii5 ~      Eo
                                                                                          "'en
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                                                                                                                                                                          (9         -"
                                                                                   en     ens:
                                        20    40     60     80
                                                                                                     1


                                                                                     ~
                                         I     I            I                                        1
                                         I     I            I                                       (2)
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                                         I     I            I
                                         I     I            I
                 -7                      I     I            I                                                                                                              -
                                         I     I            I                                               23 to 27 feet: Poorly graded fine to medium SAND with
                                         I     I            I                                               gravel, medium dense, brown, moist, homogenous.
                                         I     I            I
                                         I     I            I
                                         I     I            I         ~                   ..Q:§.      3
                                                                                           sp         9                                                              r-
        25-                              I     I            I
                                         I     I            I                                        10
                                         I     I            I                                       (19)
              f-8                        I     I            I                                                                                                              -
                                         I     I            I
                                         I     I            I
                            t::JilCT
                             o 0    0
                                         I     I            I                                               27 to 39.5 feet: Well graded GRAVEL with sand,
                                         I     I            I                                               subangularto subrounded, dense to very dense, gray,
                            >0
                             0 0 0       I     I            I                                               moist to wet, homogenous.

                            ?o?
                            )0
                                         I
                                         I
                                               I
                                               I
                                                            I
                                                            I
                                                                                                            27 feet: very dense

                             0 0 0
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                                               I            I                                                                                                              -
        30-
                 -9
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                                                                                                     13
                                                                                                     18                                                               -
                             00 0                           I                                        33
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                 -10         0 0 0
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                                               I
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                                                            I
                                                                                                            grades to dense.

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                                                            I         -.llL               lHQ
                                                                                           GW
                                                                                                     26
                                                                                                     21                                                              r-
           35-                           I     I     I      I
                            0 0 0                                                                    18

                 f-11
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                                                                                                                                                                              -
                             0 0 0
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                             0 0 0       I     I     I      I

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        40-
                 -12         °0°         I

                                         I
                                               I

                                               I
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                                                                                          GW                grades to very dense .
                                                                                                                                                                      -
                                                                                                                                                                           -
<9
                                                     I      I                                               Bottom of boring at 39.5 feet depth below ground
13                                       I     I
                                                     I      I                                               surface. Backfilled to ground surface with bentonite
o                                        I     I
~                                                    I      I                                               chips.
o
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                                         I
                                         I     :     :      :
                             Washington State                                         LOG OF TEST BORING
                             Department of Transportation                                                                                    Start Card _ _ _ _ __

                                                                                                                                             HOLE No.       EMB-002-07
                   Job No     33758613.04000          SR             90                    Elevation    2524.1 ft (769.3 m)
                                                                                                                                                  Sheet _1_ of _1_

                   Project 1-90 Snoqualmie Pass East                                                                                              Driller   Bobby Haller                Lic#~


                 Drilling Contractor WSDOT Field Exploration Unit                                                                             Inspector Suren Balendra


                     Start September 30,2007        Completion September 30,2007 WeIlID# .:..N:.:::o.:..tAp:...:t:Jpr.:li::::ca::::br.:le::::....-_ _ _ _ _ Equipment CME 45 (skid rig) w/auto-hammer


                   Station     1227+66.59                   Offset    217.05'L               Casing HW, HQ                                        Method Wet Rotary


                 Northing      1078861.786              Easting       1750684.264           Latitude 47"23'18.497"N                           Longitude 121°22'47.966"W


                   County Kittitas                  Subsection        SW 1/4 of SW 1/4                                    Section __14__ Range 11 E                         TownshipR-


       g                                       Rock Quality                                                                                                                                         c
                      I          (I)
                                 i;:           Designation
                                                                            %                                                                                                                       (I)
                                                                                                                                                                                                    E
       :[                ~                                                 Rec.                                                          Description of Material
       (I)            2          e
                                 c..               (%)
                                                                                                                                                                                                    2
                                                                                                                                                                                                    ;;;
       0
                      (I)                                                   FF                                                                                                                      E
                      :::;

                                                                                                                   oto 3.5 feet: Silty SAND with gravel (Topsoil?)



                                                                          _0_                 C-1A
                                                                                               SM


                                                                          .Jlli....           C-1B                 3.5 to 15 feet: Andesite, light green, fine to coarse
                                                                             5
                                                                                                                   grained, fresh to moderately weathered, moderately
                                                                                                                   weak to strong rock. No HCI reaction. Discontinuities are
                                                                                                                   very closely to closely spaced and in very poor to fair
             5
                                                                                                                   condition.
                                                                                                                        =                     =
                                                                                                                   CR 96-100%, RQD 14-82.5%, FF 1 to 5.            =
                                                                          ..1QQ..              C-2                 3.5 feet: fine to medium grained, moderately to slightly
                                                                             2                                     weathered, moderately weak (R2) to moderately strong
                     2                                                                                             rock(R3). Discontinuities are closely spaced and in very
                                                                                                                   poor to poor condition.
                                                                                                                   6 feet: grades to fine to coarse grained, slightly
                                                                                                                   weathered to fresh, moderately strong (R3) to strong
                                                                                                                   rock(R4). Discontinuities are closely spaced and in fair
                                                                                                                   condition.



       10            3



                                                                          -,-
                                                                          100                  C-3                 grades to fresh rock.




                     4
.,
§
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~
(!)
,..:                                                                                                               Bottom of boring at 15 feet depth below ground surface.
0
0
.,
N                                                                                                                  Backfilled to ground surface with bentonite chips.
0
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       20
                   Washington State                                             LOG OF TEST BORING
                   Department of Transportation                                                                                     Start Card _ _ _ _ __

                                                                                                                                    HOLE No.      EMB-003-07
       Job No       33758613.04000                SR             90                  Elevation    2522.3 ft (768.8 m)
                                                                                                                                               1
                                                                                                                                        Sheet ___         of _2_

       Project 1-90 Snoqualmie Pass East                                                                                                Driller   Bobby Haller             Lic#~


     Drilling Contractor WSDOT Field Exploration Unit                                                                                Inspector Tom Jackson


         Start October 1, 2007               Completion October 1, 2007              WeIlID# Not Applicable                         Equipment CME 45 (skid rig) w/auto-hammer


       Station      1230+31.26                          Offset    205.52'L            Casing HW, HO                                    Method     Wet Rotary


     Northing       1078608.121                        Easting    1750808.768        Latitude 4r23'16.008"N                         Longitude 121°22'46.116"W


       County Kittitas                       Subsection           SW 1/4 of SW 1/4                                  Section __1_4_ Range          11 E           Township~

                                                                                          "0
                                                                                       _.0

g           I          Q)
                                      Rock Quality
                                                                       %
                                                                                        dE
                                                                                       z>.         !:ez                                                                       .,
                                                                                                                                                                              c
                       i;:            Designation                                       .,U)       <J)-                                                                       E
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                                                                                         0
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                                                                                                   iijU)
                                                                                                                                Description of Material                       2
                                                                                                                                                                              u;
0           ::<                                                                         "'u)                                                                                  £
                                       40         60        80                         U)3:
                                 20
                                        I          I         I
                                                                                                             oto 15 feet: Silty GRAVEL with sand and occasional
                                                                                                             cobbles, subangular, very dense, gray, moist,
                                        I          I         I
                                                                                                             homogenous, HCI not tested.
                                        I          I         I
                                        I          I         I
                                                                                                             o feet: Silty GRAVEL with cobbles.
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I         I         I                          D-1A      50 for O·
                                        I         I          I
                                        I          I         I
                                        I          I         I                         C-1
                                                                                      GM(C)
         2                              I         I          I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                       I           I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
                                        I          I         I
         3                              I          I         I
10                                      I          I         I
                                       I          I         I
                                       I          I         I
                                       I          I         I                          D-2         47        grades to silty GRAVEL with sand.
                                                                                      GM          5016"
                                       I          I         I
                                       I          I         I                          C-3
                                       I          I         I                         GM
                                       I          I         I
                                       I          I         I
                                       I          I         I
                                       I          I         I
                                       I          I         I
                                       I          I         I
                                                            I
15                                                                                    C-3A                   15 to 25 feet: Andesite, medium light gray, coarse
                                                                                                             grained, fresh to slightly weathered, very strong rock
                                                                                       C-4                   (R5). No HCI reaction. Discontinuities are widely to
                                                                                                             closely spaced and in very poor to good condition.
                                                                                                             CR = 100%, ROD = 19-100%.
                                                                                                             15 feet: Fresh rock. Discontinuities are widely spaced
                                                                                                             and in good condition.
                                                                                                             16 feet: grades to slightly weathered rock. Discontinuities
                                                                                                             are widely spaced and in poor condition.



        6
          ~
       ~ Washington State                                                   LOG OF TEST BORING
                                                                                                                         Start Card _ _ _ _ __
       ""             Department of Transportation

                                                                                                                         HOLE No.       EMB-003-07
             Job No    33758613.04000               SR        90               Elevation   2522.3 ft (768.8 m)
                                                                                                                              Sheet _2_ of _2_

             Project 1-90 Snoqualmie Pass East                                                                                Driller   Bobby Haller          Lic#~
                                                                                     (5
                                                                                  _.0
                                        Rock Quality                              dE                                                                             c
      g        I          '"            Designation
                                                                    %             z»
                                                                                  .,(/)
                                                                                           ~z
                                                                                            II>~                                                                 '"
                                                                                                                                                                 E
      .r:.
      0.
                  ~       i<=
                          2                                        Rec.           Q.ti      ~I-
                                                                                            00..
                                                                                                                      Description of Material
                                                                                                                                                                 .s
               *          0..                 (%)                                          (ij(/)                                                                II>
      '"
      0        ::iE
                                                                    FF            ED
                                                                                  ro(/)
                                                                                  (/);s:
                                                                                                                                                                 .s
                                                         80



                                                                   ..1QQ.         C-5               Discontinuities are dosely spaced and in very poor
                                                                                                    condition.



              7




                                                                                                    Bottom of boring at 25 feet depth below ground surface.
                                                         I                                          Backfilled to ground surface with bentonite chips.
                                                         I
              8                                          I
                                                         I
                                                         I
                                                         I
                                                         I
                                                         I
                                                         I
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              10
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        35                                I              I
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              12                          I              I
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                                          I              I
                                          I              I
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                                          I
                                          I
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                                                         I
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a:
0
        45
                            Washington State                                      LOG OF TEST BORING
                            Department of Transportation                                                                               Start Card _ _ _ _ __

                                                                                                                                       HOLE No.      EMB-004-07
                 Job No      33758613.04000          SR             90                  Elevation   2523.7 ft (769.2 m)
                                                                                                                                           Sheet _1_ of _2_

                 Project 1-90 Snoqualmie Pass East                                                                                         Driller   Bobby Haller              Lic#~


               Drilling Contractor WSDOT Field Exploration Unit                                                                         Inspector Tom Jackson


                   Start September 18,2007         Completion September 18, 2007 WeIlID#..:.N:.::o:..:.t:..:Ap!::.p"'l:.:::ica"'b:::l:::e_ _ _ _ _ Equipment CME 45 (skid rig) w/auto-hammer


                 Station      1232+34.23                   Offset    179.21'L            Casing HW, HO                                    Method Wet Rotary


               Northing       1078400.972              Easting       1750873.156        Latitude 4r23'13.971"N                          Longitude 121°22'45.147''W


                 County Kittitas                   Subsection        SW 1/4 of SW 1/4                                 Section __1_4_ Range 11 E                     Township~

                                                                                             0
       g            I           .,            Rock Quality                 %
                                                                                           _.0
                                                                                           ciE
                                                                                           z»        ~z
                                                                                                                                                                                           .,
                                                                                                                                                                                           c
                                iE            Designation                                  .,Ul      <n-                                                                                   E
                       ~                                                 ~                                                         Description of Material
       'E.
        .,          2Ql
                                e
                                0..               (%)
                                                                          FF
                                                                                           -t-
                                                                                           0.
                                                                                            0
                                                                                           ED
                                                                                                      ~t-
                                                                                                      00..
                                                                                                     i'ijUl
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                                                                                                                                                                                           ti
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                                                                                           "'Ul
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                                                                                                                o to 10 feet: Well graded silty GRAVEL with sand,
                                                                                                                subrounded, very dense, gray, moist, homogenous, HCI
                                                                                                                not tested.




           5                                                                               Jll        32
                                                                                           GM       46 for 5"


                   2




                   3
                                                                         ..1QQ.            0-2      50 for 1"   10 to 20 feet: Andesite, light gray, medium grained,
                                                                         1(jQ              e~                   slightly weathered, strong rock (R4).
                                                                                                                CR = 100%, ROD = 28 to 92%.

                                                                         ..1QQ.            C-4




                   4
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       20
                      Washington State                                    LOG OF TEST BORING
                      Department of Transportation                                                                              Start Card _ _ _ _ __

                                                                                                                                HOLE No.      EMB-004-07
             Job No    33758613.04000               SR        90                     Elevation    2523.7 ft (769.2 m)
                                                                                                                                    Sheet _2_ of _2_

                  .     -
              p rOjec t I 90 Snoqualmie Pass East                                                                                   D'II er
                                                                                                                                     n        Bobbv Haller           L'C#
                                                                                                                                                                      I           2779
                                                                                           0
                                                                                   a>    _.0                                                                              Q;
                                        Rock Quality                               a.    ciE                                                                                         "E
      g          I          a>                                      %
                                                                          tlg
                                                                             .c
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                                                                                                                                                                          c
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                                              (%)
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                            0-                                     FF        C/)   E     Eo       mC/)                                                                               '"
                                                                                                                                                                                     E
                 ~
                                   20    40         60   80                        '"
                                                                                   C/)   "'C/)
                                                                                         C/):s:
                                                                                                                                                                          C-'

                                                                                                           Bottom of boring at 20 feet depth below ground surface.
                                    I                    I                                                 Backfilled to ground surface with bentonite chips.
                                    I                    I
                                    I                    I
                                    I                    I
                                    I                    I
                                    I                    I
                                    I                    I
             -7                     I                    I                                                                                                                  -
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      25-                                                I                                                                                                            r--
                                    I
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             -8                     I                    I                                                                                                                  -
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             -9                     I                    I                                                                                                                  -
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      30-                           I                    I
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             -10
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       35-                                I              I
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             1---11                 I     I              I
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                                    I     I              I
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(!)    40-
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0::          1---13                       I         I    I                                                                                                                  -
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                                    I
                                    I
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                                                    I
                                                    I    :
                          Washington State                                         LOG OF TEST BORING
                          Department of Transportation                                                                                           Start Card _ _ _ _ __

                                                                                                                                                 HOLE No.     EMS-005-07
             Job No 33758613.04000                    SR            90                             Elevation     2525.1 fI (769.6 m)
                                                                                                                                                    Sheet _1_ of _3_

             Project 1-90 Snoqualmie Pass East                                                                                                      Driller   Bobby Haller              LiC#~


         Drilling Contractor WSDOT Field Exploration Unit                                                                                         Inspector Tom Jackson


               Start September 19, 2007             Completion September 19, 2007 WeIlID#..:.N~o~t.:..Ap!!:2::pl~ica=b~le,---_ _ _ _ _ Equipment CME 45 (skid rig) w/auto-hammer


             Station        1241+72.82                     Offset    28.89'R                           Casing HW, HQ                               Method Wet Rotary


         Northing           1077434.746                Easting       1750980.63                        Latitude 4Y023'04.448"N                   Longitude 121°22'43.429"W


             County Kittitas                        SubsecfIon       NW 1/4 of NW 1/4                                            SecfIon    23      Range     11E            Towns Ip
                                                                                                           0

g               g                             Rock Quality                            .s:::   g;
                                                                                                  Q)     _.0
                                                                                                         dE                                                                                 2      C
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                              i;:             Designation
                                                                           %      ~c»t-
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                             -
                                         20    40     60       80
                            ,:",~        I      I      I        I
                                                                                                                            oto 26.5 feet: Well graded GRAVEL with cobbles and
                                                                                                                            boulders, occasionally without cobbles and boulders,
                                         I      I      I        I
                            •••          I      I      I        I
                                                                                                                            subangular to subrounded, medium dense to very dense,
                           t_
                           !.!           I
                                         I
                                                I
                                                I
                                                       I
                                                       I
                                                                I
                                                                I
                                                                                                                            gray to brown, moist, homogenous, HCI not tested.
                                                                                                                            ofeet: Well graded GRAVEL with cobbles and boulders.
                           •••           I      I      I        I
                           t_
                           !.!           I
                                         I
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        5-
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                                                                                                                                                                                        -
                           •••                  I      I        I

             -2
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  10- 1-3                  !.!           I
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                                                                         ..1QQ.                          C-3
                                                                                                       PW(C/B)

                           !.!           I
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             1-5                                                                                                                                                                             -
                           •••           I      I      I        I        --1L                            0-4       11       grades to well graded GRAVEL with sand.
                           !.!           I
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                                                                                                        GIN         8
                                                                                                                   13
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                                                                         --1.!L                          C-5
                                                                                                       PW(C/B)
                                                                                                                            grades to well graded GRAVEL with cobbles and
                                                                                                                            boulders.
                           ~-
                           •••
                                         I
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 20
             1-6
                             -
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                                                                                                                                                                                             -
                       Washington State                                          LOG OF TEST BORING
                       Department of Transportation                                                                                          Start Card _ _ _ _ __

                                                                                                                                             HOLE No.      EMS-005-07
             Job No     33758613.04000                  SR        90                          Elevation     2525.1 ft (769.6 m)
                                                                                                                                                  Sheet _2_ of _3_

             Project 1-90 Snoqualmie Pass East                                                                                                     n er    Bobbv Haller             L·IC# 2779
                                                                                            .,       0
                                                                                                                                                                                         Q;
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                                                                                                   _.0
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                                                                                                                                                                                         C)
                                                                                                                                                                                                 E
                                       20    40         60   80
                                                                                            (/)
                                                                                                   (/):5:
                        '!".'!"               I         I    I
                        ••
                        •••
                                              I
                                              I
                                                        I
                                                        I
                                                             I
                                                             I
                        !.!                   I         I    I
                                                                       ~                           D-6         4        grades to silty GRAVEL with sand, subangular, very
                        ••
                        •••
                                              I
                                              I
                                                        I
                                                        I
                                                             I
                                                             I
                                                                                                   GM         10
                                                                                                            50 for 2"
                                                                                                                        dense, dark brown, moist, homogenous, Hel not tested.

             -7
                        !.!                   I
                                              I
                                                        I
                                                        I              ~                            C-7                                                                                    -
                        ••
                        •••                   I         I
                                                                                                  PW(C/B)
                                                                                                                        grades to well graded GRAVEL with cobbles and
                                                                                                                        boulders.
                                              I         I
                        !.!
                        ~.
                                              I
                                              I
                                                        I
                                                        I
                         •••           I      I         I
      25-               !.!
                        ~.
                                       I
                                       I
                                              I
                                              I
                                                        I
                                                        I
                                                                                                                                                                                     f-


                         •••           I      I         I
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                                       I
                                              I
                                              I
                                                        I
                                                        I
                                                                                                                                                                                             -

                                                                                            ~~
                                                                       ~                                        9       26.5 to 35 feet: Poorly graded SAND with gravel,
                                       I      I         I                                           SP         12       medium dense, gray, moist, homogenous, Hel not
                                       I      I         I                                                      11
                                       I      I         I                                                               tested.
                                                                                                              (23)
                                       I      I         I
                                       I      I         I
                                       I      I         I
                                       I      I         I
             f-9                       I      I                                                                                                                                              -
                                       I      I                                                                                                                                      f-
       30-                             I      I                        -.9L                        ~           13
                                       I      I                                                     SP         12
                                       I      I                                                                12
                                       I      I                                                               (24)
                                       I      I
                                       I      I
                                       I      I
             ,-10
                                       I      I                                                                                                                                              -
                                       I      I              I
                                       I      I              I
                                       I      I              I
                                       I      I              I
                                       I      I              I
                                       I      I         I    I

                                                                                            ~ D"
       35-
                        Pnv
                        o 0        0
                                       I      I         I    I         ~
                                                                                                    GW
                                                                                                               15
                                                                                                               26
                                                                                                                        35 to 61.5 feet: Well graded to poorly graded GRAVEL
                                       I      I         I    I                                                          with sand, occasional cobbles and boulders,
                        :>0            I      I         I    I                                                 27
             -11         0   0     0                                                                                    subrounded, very loose to very dense, gray, moist to wet,            -
                                       I      I         I    I                                                (53)
                         ~O~           I      I         I    I         ...1!L                      C-11
                                                                                                                        homogenous, Hel not tested.
                                                                                                                        35 feet: Very dense, well graded GRAVEL with sand.
                        )0             I      I         I    I                                     GW
                         0         0                         I
                             0         I      I         I
                         ~O~           I      I
                                              I
                                                        I    I
                                                             I
                        )0             I                I                                                               grades to well graded GRAVEL with cobbles and
                         0   0     0   I      I         I    I                                    PW(C/B)
                                                                                                                        boulders.
                         ~O~           I
                                       I
                                              I
                                              I
                                                        I
                                                        I
                                                             I
                                                             I
             -12        )0                                                                                                                                                                   -
                                       I      I         I    I
a:                       0   0     0
                                       I      I         I    I
Cl
t;
       40-
                         ~O~           I      I         I    I
                                                                                                                                                                                     -
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                        )0             I      I         I    I
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g                            0
                                       I      I         I    I
o                        ~O~           I      I         I    I

                                                                                            ~ ~12
f                       )0             I      I         I    I         ~                                        8       grades to dense poorly graded GRAVEL with sand.
en                                                           I                                      GP         13
Cl
                         0   0     0   I      I         I
z
0:
o            -13         ~O~           I
                                       I
                                              I
                                              I
                                                        I
                                                        I
                                                             I
                                                             I
                                                                                                               14
                                                                                                              (27)                                                                           -
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Z                        0   0     0   I      I         I    I
                                       I      I         I    I
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    ~
~                Washington State                                           LOG OF TEST BORING
~"               Department of Transportation                                                                                       Start Card _ _ _ _ __


                                                                                                                                    HOLE No.     EMS-005-07
       Job No     33758613.04000                  SR        90                         Elevation   2525.1 ft (769.6 m)
                                                                                                                                       Sheet _3_ of _3_

           .       -
       p roJec t I 90 Snoqualmie Pass East                                                                                               '
                                                                                                                                       Dn11 er   Bobbv Haller      L'IC#       2779
                                                                                              0
                                                                                     I])
                                                                                    a.
                                                                                           _.0                                                                         Q;
                                      Rock Quality                                                                                                                                C
g         I                                                        %             .c >-     ciE
                                                                                           z>-     ~z
                                                                                                                                                                       iii
                                                                                                                                                                       :;:        I])

.c         [I!
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          * I';'
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                                                                                                                                                                                  .s
                                 20    40         60   80
                                                                                     00    oo~
                                                                 ..§§.                     Q:1]       6
                       0';'                        1                                       GP         5
                                                                                                            grades to medium dense.
                  [)O                             I                                                   6                                                                    -
       r--14       0         0
                       0
                                                  I
                  ?o?
                  [)O
                                                  I
                                                  I
                                                                                                    (11)


                   0   0     0                    I
                  ?o?
                  [)O
                                                  I
                                                  I
                   0   0     0                    I

       r-15
                  ?o?
                  [)O
                                                  I
                                                  I
                                                  I
                                                                                                                                                                           -
                   0   0     0
50-               ?o?
                  [)O                             I
                                                   1
                                                   1             ~                         0-14
                                                                                           GP
                                                                                                     5
                                                                                                     6
                                                                                                                                                                     r--

                   0   0     0                    I                                                7(13)
                  ?o?                             I
                                                  I
                                                       I
                                                       I
                  ~oOo 0
                                                  I    I
                  0 0                             I                                                                                                                        -
       r-16        o   0     0                    I
                  ~O                              I
                   0         0
                       0                          I
                  ?o?
                  ~O                    I
                                                  I
                                                  I
                   0   0     0                    I
55-               ?o?            I
                                                  I
                                                  I              .-1L                      ~         7      grades to loose.
                                                                                                                                                                     r--
                  ~o~o           I                I                                        GP        5
                                                                                                                                                                           -
       r--17
                  ?o?
                  ~O
                                 I
                                 I
                                 I
                                                  I

                                                  I
                                                   1
                                                                                                     3
                                                                                                    (8)
                   0         0
                       0
                                 I                I    I
                  ?o?
                  [)O
                                 I
                                 I
                                                  I
                                                  I
                                                       I
                                                       I
                   0   0     0   I                I    I
                  ?o?
                  ~O
                                 I
                                 I
                                                  I
                                                  I
                                                       I
                                                       I
                                                                                                                                                                           -
       r-18        0   0     0   I                I    I

 60-
                  ?o?
                  [)O
                                 I
                                 I
                                 I
                                        I
                                        I
                                        I
                                                  I
                                                  I
                                                  I
                                                       I
                                                       I
                                                       I         ...2£..                   0-16      4                                                               t-
                                                                                                            grades to very loose.
                   0   0     0   I      I         I    I                                   GP        1
                  ?o?  0
                                 I
                                 I
                                        I
                                        I
                                                  I
                                                  I
                                                       I
                                                       I
                                                                                                     2
                                                                                                    (3)
                                 I      I         I    I                                                    Bottom of boring at 61.5 feet depth below ground
                                 I      I         I    I                                                    surface. Backfilled to ground surface with bentonite
       r-19                      I      I         I    I                                                                                                                   -
                                                                                                            chips.
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
 65-
                                 I      I         I    I                                                                                                             t-
                                 I      I         I    I
       r-20                      I      I         I    I                                                                                                                   -
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
       r--21                     I      I         I    I                                                                                                                   -
                                 I      I         I    I
                                 I      I         I    I
                                 I      I         I    I
 70
                                Washington State                                         LOG OF TEST BORING
                                Department of Transportation                                                                                      Start Card _ _ _ _ __

                                                                                                                                                  HOLE No.      EMB-006-07
                   Job No        33758613.04000             SR            90                         Elevation     2524.8 ft (769.6 m)
                                                                                                                                                             1
                                                                                                                                                      Sheet ___         of _3_

                   Project 1-90 Snoqualmie Pass East                                                                                                  Driller   Bobby Haller         LiC#~


               Drilling Contractor WSDOT Field Exploration Unit                                                                                    Inspector Tom Jackson


                     Start September 19, 2007             Completion September 24, 2007 WeIlID# _N-,o_tAp---"-'p"'I"'ica.:::.b"'l.::..e_ _ _ _ _ Equipment CME 45 (skid rig) w/auto-hammer


                   Station        1250+90.33                     Offset    0.2S'R                        Casing HW, HQ                               Method Wet Rotary


               Northing           1076551.19                 Easting       1751209.7                     Latitude 47"22'55.754"N                  Longitude 121°22'39.958"W


                   Coun ty Kittitas                       Subsection       SE 1/4 of NW 1/4                                           r
                                                                                                                                   SeClon    23       Range 11E                Tow ns hip~
                                                                                                              0

       g                                            Rock Quality                                    "
                                                                                                   '>-
                                                                                                   0.
                                                                                                           _.0
                                                                                                           dE                                                                              2         C
                      I              '"             Designation
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                                                                                                                    "'~
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                                                                                                                                                                                           ~         '2
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                          ~         -=
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                                                                                Rec.     0", -
                                                                                         a:!:>     E       -I-
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                                                                                                            0
                                                                                                                    ~I-
                                                                                                                   .QQ.
                                                                                                                                              Description of Material
                                                                                                                                                                                           "
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                                                                                                                                                                                           (!)
                                                                                                                                                                                                     .E
                                               20    40     60       80
                                 I~,~          I      I      I        I
                                                                                                                            o to 27 feet: Poorly to well graded GRAVEL with sand,
                                                                                                           C-1              with occasional cobbles and boulders, subangular to
                                 ~.            I      I      I        I                                   ""GvV
                                  •••          I      I      I        I
                                                                                                                            subrounded, very loose to dense, gray, moist,
                                  ~,~          I      I      I        I
                                                                                                                            homogenous, HCI not tested.
                                                                                                                            o
                                 ••
                                 •••
                                               I      I
                                                      I
                                                             I
                                                             I
                                                                      I
                                                                      I
                                                                                                                              feet: Well graded GRAVEL with sand.


                                 ~,~                  I      I        I
                   1-1           ••
                                 •••
                                                      I
                                                      I
                                                             I
                                                             I
                                                             I
                                                                      I
                                                                      I
                                                                      I
                                                                                                                                                                                             -

                                  ~,~                 I
                                                      I      I        I
                                 ••
                                 •••
                                                      I
                                                      I
                                                             I
                                                             I
                                                                      I
                                                                      I
              5-                  ~,~                 I      I        I
                                                                                                                                                                                       -
                                 ••
                                 •••
                                                      I
                                                      I
                                                             I
                                                             I
                                                                      I
                                                                      I
                                                                               ...m...                     D-2
                                                                                                          GP
                                                                                                                      2
                                                                                                                     10
                                                                                                                            grades to medium dense, poorly graded GRAVEL with
                                  ~,~                 I      I        I                                              11
                                                                                                                            sand.
                                                                                                                                                                                             -
                   -2                                 I      I        I
                                 ••
                                 •••           I             I        I                                    C-3
                                                                                                                    (21)
                                                                                                                            grades to poorly graded GRAVEL with cobbles and
                                               I             I        I
                                  ~,~          I             I        I
                                                                                                         GP(C/B)
                                                                                                                            boulders .
                                 ••
                                 •••
                                               I
                                               I
                                                             I
                                                             I
                                                                      I
                                                                      I
                                  ~,~          I             I        I
                                 ••
                                 •••
                                               I
                                               I
                                                             I
                                                             I
                                                                      I
                                                                      I
        10-
                   -3             ~,~          I
                                               I
                                                             I
                                                             I
                                                                      I
                                                                      I
                                                                                                                                                                                      --
                                 ••
                                 •••           I             I        I                                    D-4
                                                                                                          ""GvV
                                                                                                                    16
                                                                                                                            grades to dense, well graded GRAVEL with sand .

                                               I             I        I
                                  ~,~          I             I        I
                                                                                                                    17
                                                                                                                    29
                                 ••
                                 •••
                                               I
                                               I
                                                             I
                                                             I
                                                                      I
                                                                      I
                                                                                                                    (46)
                                  ~,~          I             I        I
                                                                                                           C-5
                                                                                                         PW(C/B)
                                                                                                                            grades to gravel with cobbles and boulders.


                   r--4
                                 ••
                                 •••
                                               I
                                               I
                                                             I
                                                             I
                                                                      I
                                                                      I                                                                                                                      -
                                  ~,~          I             I
                                                             I
                                                                      I
                                                                      I
                                               I      I
                                 ••
                                 •••           I             I        I
                                               I             I        I
...,                              ~,~          I             I
0..
                                                                                                                                                                                       -
(!)

~
        15-
                                 ••
                                 •••
                                               I             I
o                                              I             I                 ...m...                     D-6        6
                                  ~,~                                                                                       grades to medium dense GRAVEL with sand.
N
co                                                                                                        ""GvV
o
o                                              I             I                                                        4
o
~
                   -5            ••
                                 •••
                                               I
                                               I
                                                             I
                                                             I
                                                                                                                     11
                                                                                                                    (15)
                                                                                                                                                                                             -
(/)
(!)
z
                                  ~,~          I             I
                                                             I
                                                                                                           C-7              grades to GRAVEL with cobbles.
                                               I
0:
o                                ••
                                 •••           I             I
                                                                                                          GW(C)


'"
z                                 ~,~          I             I
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                                 ••            I             I
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                                   -
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o       20
                   -6
                                               :      I      :       :                                                                                                                       ....,
                        Washington State                                       LOG OF TEST BORING
                        Department of Transportation                                                                                Start Card _ _ _ _ __

                                                                                                                                    HOLE No.         EMB-006-07
              Job No     33758613.04000               SR        90                      Elevation     2524.8 fI (769.6 m)
                                                                                                                                         Sheet _2_ of _3_

                 .
              PrOJec t 1-90 Snoqualmie Pass East                                                                                         DrI·11 er   Bobbv Haller    L·IC#       2779
                                                                                                0
                                                                                       Q)   _.0
                                                                                    0.      ciE                                                                          .$         C
       g         I          Ql
                                          Rock Quality                 %        .<= »
                                                                              ~c»1-         z»        ~z                                                                 '3:
                                                                                                                                                                          "         Q)
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                                          Designation                                        Q)OO      U)~
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                                                                                                       00.
                                                                                                                                 Description of Material                 "
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                                           40         60   80                               OO:s:
                                     20
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                                                      I
                                                           I
                                                           I
                                                                     .21..                   D-8
                                                                                            G'ii"
                                                                                                        21     grades to GRAVEL with sand.
                         ~-
                         •••          I               I    I
                                                                                                        24
                                                                                                        20

              -7
                         !.!          I
                                      I
                                                      I
                                                      I
                                                           I
                                                           I
                                                                                                       (44)
                                                                                                                                                                             -
                         ~-
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                                      I               I    I
                         !.!          I               I
                                                      I
                                                           I
                                                           I
                                                                     ...1L                  ..Q:ll.     8      grades to very loose silty SAND.
                         ~-           I                                                      SM




                         .-
                                                                                                        1
                         •••          I     I         I    I
        25-              !.!          I
                                      I
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                                                      I
                                                           I
                                                           I
                                                                                                        1
                                                                                                       (2)
                                                                                                                                                                       f-


                         •••          I               I    I
                                                                                                                                                                             -
              -8         !.!          I
                                      I
                                                      I
                                                      I
                         ~            I
                                      I
                                                      I
                                                      I                                                        27 to 60.5 feet: Poorly graded SAND with occasional
                                      I               I                                                        SILT,sandy SILT, occasional silty GRAVEL with sand,
                                      I               I                                                        loose to dense, gray to brown, wet, homogenous to
                                      I               I                                                        stratified, no Hel reaction.
                                      I               I                                                        27 feet: Dense, homogenous, poorly graded silty
                                      I               I              ~                      0:1Q        13     GRAVEL with sand.
              -9                      I     I         I                                      GM         16                                                                   -
                                      I     I         I                                                 16                                                             f-
        30-                           I     I         I                                                (32)
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
              -10
                                      I     I         I
                                                      I
                                                           I
                                                           I
                                                                                                                                                                             -
                                      I     I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I         ..1QQ.                 D-11        3      grades to loose, poorly graded SAND.
                                      I     I         I    I                                SP          3
                                      I     I         I    I                                            7                                                              l"-
        35-                                           I    I
                                      I     I                                                          (10)
                                      I     I         I    I
                                      I     I         I    I                                                                                                                 -
              f-11                    I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I
                                      I     I         I    I         ...M..                 D-12        3
              1--12                   I     I         I    I                                SP          5
                                                                                                                                                                             -
~                                     I     I         I    I                                          5(10)                                                            f-
<.')    40-
....                                  I     I         I    I
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a::                                                                                         D-13        3

                                                                                       I
f-                                    I     I         I    I         ...M..                                    grades to stratified, SAND with sandy SILT pockets.
                                                                                            SP          1
~
Cl                                    : :             :    :                                            6
        45
    ..-..
 ~
 ~,      II       Washington State
                  Department of Transportation
                                                                         LOG OF TEST BORING
                                                                                                                                Start Card _ _ _ _ __

                                                                                                                                 HOLE No.     EMB-006-07
          Job No   33758613.04000               SR        90                          Elevation 2524.8 ft (769.6 m)
                                                                                                                                     Sheet _3_ of _3_

          Project I-90 Snoqualmie Pass East                                                                                          Driller Bobbv Haller         L·IC# 2779
                                                                                            0

                                    Rock Quality                                    '"
                                                                                    0.
                                                                                          _.0
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                               20    40         60
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         1--14
                                      I
                                      I
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                                      I         I    I         ...Q.L                     0-14     11                                                                      -
          f-15                                       I                                    sp               grades to medium dense, homogenous, SAND.
                                      I         I                                                  11
                                      I         I    I                                             10
 50-                                  I         I    I                                                                                                             f-
                                                                                                  (21)
                                I     I         I    I
                                I     I         I    I
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          -16                   I               I    I
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                                I               I    I         ....QL                     Q:1§      5
                                I               I    I                                    sp        5
                                I               I    I                                              6                                                              -
 55-                            I               I    I                                            (11)
                                I               I    I
          -17                   I     I         I    I                                                                                                                     -
                                I     I         I    I
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                                I     I         I    I
          1-18                  I     I         I    I                                    0-16      5                                                                      -
                                                               .M...                                       grades to loose, sandy SILT to SILT.
                                I     I         I    I                                    SP        5
                                I     I         I    I                                              4                                                              f-
    60-                         I     I         I    I                                             (9)
                                                                                                           Bottom of boring at 60.5 feet depth below ground
                                I     I         I    I
                                I     I         I    I                                                     surface. Backfilled to ground surface with bentonite
                                I     I         I    I                                                     chips.
                                I     I         I    I
          1--19                 I     I         I    I                                                                                                                     -
                                I     I         I    I
                                I     I         I    I
                                I     I         I    I
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                                I     I         I    I
                                I     I         I    I
    65-
                                I     I         I    I                                                                                                             f-
                                I     I         I    I
          f-20                  I     I         I    I                                                                                                                     -
                                I     I         I    I
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          '-21                  I     I         I    I                                                                                                                     -
                                I     I         I    I

    70
                                I
                                I     :         I
                                                I    :
                             Washington State                                              LOG OF TEST BORING
                             Department of Transportation                                                                                        Start Card _ _ _ _ __

                                                                                                                                                 HOLE No.      EMB-007-07(OW)
                Job No        33758613.04000                 SR            90                         Elevation   2520.3 ft (768.2 m)
                                                                                                                                                     Sheet _1_ of _3_

                Project 1-90 Snoqualmie Pass East                                                                                                    Driller   Bobby Haller         Lic#~


             Drilling Contractor WSDOT Field Exploration Unit                                                                                     Inspector Suren Balendra


                  Start September 29,2007               Completion September 30,2007 W e I i I D # - - - - - - - - - - Equipment CME 45 (skid rig) w/auto-hammer


                Station        1250+92.81                         Offset    205.63'L                   Casing HW, HQ                                Method Wet Rotary


             Northing          1076566.701                    Easting       1751414.462                Latitude 47"22'55.930"N                   Longitude 121°22'36.985"W


                County Kittitas                         Subsection          SE 1/4 of NW 1/4                                     Section    23       Range 11E                Township~

                                                                                                  .,
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                                            20    40         60       80                                                                                                                          ,-
                                                                                                                           oto 1 feet: Silty SAND with roots (Topsoil)
                              .-
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                               -
                                             I     I         I         I
                               •••           I     I         I         I                                                   1 to 17 feet: Well graded GRAVEL to poorly graded
                              !.!            I     I         I         I                                                   GRAVEL, with or without cobbles, subangular to




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                                             I     I         I         I                                                   subrounded,loose to very dense, gray, wet,
                               •••           I     I         I         I

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                                                                                                                           1 feet: Very dense well graded GRAVEL with cobbles.
                1-1                          I     I         I         I
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                               •••                                                                      GW(C)



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                                                                                                                           grades to poorly graded GRAVEL with cobbles.
                                                                                                                           Maximum size of the cobbles encountered is 9 inches.
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                                                                                                                           grades to loose, poorly graded silty GRAVEL with sand.

                                                                                                                                                                                         -


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                              !.!            , I             ,         ,        ..2L                     C-5               grades to well graded GRAVEL.
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                                                                       ,        _0_                      0-6        1      17 to 22 feet: ORGANIC SILT, very loose, very dark
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                                                             I         :
                 Washington State                                   LOG OF TEST BORING
                 Department of Transportation                                                                       Start Card _ _ _ _ __

                                                                                                                    HOLE No.       EMB-007-07(OW)
       Job No     33758613.04000          SR           90              Elevation   2520.3 ft (768.2 m)
                                                                                                                         Sheet _2_ of _3_

       Project 1-90 Snoqualmie Pass East                                                                                 Driller   Bobby Haller          Lic#~


g        E                         Rock Quality
                                                             %
.r:.
a.          ~        "
                     iE
                     e
                                   Designation              Rec.                                                 Description of Material


         *           Cl.               (%)
 "
Cl       :::;:                                               FF
                              20    40     60     80




                                                            .-1L          0-8         12       22 to 42 feet: Well graded to poorly graded silty
                                                                         GM           24       GRAVEUGRAVEL with sand, with occasional cobbles,
        7                                                                             22       subangular to subrounded, dense to very dense, brown
                     .0
                                                                                     (46)      to gray, wet, homogenous, Hel not tested.
                     oS>                                    ~             C-9                  22 feet: Dense, silty GRAVEL with sand.
                     a                                                   GW(C)
                                                                                               23.5 feet: grades to well graded GRAVEL with cobbles .
                     • 0
                                                                                               Maximum size of the cobbles encountered is 4 inches.
                     oS>
                    a
                     .0
                     oS>
                    a
                     .0
                     oS>                                    ...QL                    36        grades to very dense, silty GRAVEUsiity SAND with
                    a                                                              50 for 6"   gravel.
                     .0
                                                            ~
                     oS>                                                                       grades to well graded GRAVEL with cobbles. Maximum
                                                                                               size of the cobbles encountered is 8 inches.
                    a
                     .0
        9            oS>
                     a
                     .0
                     oS>
                     a
                     .0
                     oS>                                    _0_          0-12      12 for 1"
                     a                                      ""6f         ~
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                     .0
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                     a
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                     a
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        11
                     a
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                     a                                      ...ML         0-14
                                                                         GP
                                                                                   50 for 5"   grades to poorly graded GRAVEL.
                                                            ...QL         C-15                 grades to poorly graded GRAVEL with cobbles.
                                                                         GP(C)
                                                                                               Maximum size of the cobbles encountered is 8.5 inches.



        12

 40




                                                            100           C-16                 42 to 57 feet: Andesite, light green, fine to coarse,
                                                            -3-
        13                                                                                     slightly weathered, moderately strong rock (R3). No Hel
                                                                                               reaction. Discontinuities are closely spaced and are in
                                                                                               fair condition.
                                                                                                  =                     =
                                                                                               eR 84 to 100%, RQD 40 to 70%, FF 3          =
                    Washington State                             LOG OF TEST BORING
                    Department of Transportation                                                              Start Card _ _ _ _ __

                                                                                                              HOLE No.      EMB-007-07(OW)
             Job No 33758613.04000              SR   90             Elevation   2520.3 ft (768.2 m)
                                                                                                                  Sheet _3_ of _3_

             Project 1-90 Snoqualmie Pass East                                                                    Driller   Bobby Haller           Lic#~


      g        I        .,            Rock Quality         %                                                                                           .,
                                                                                                                                                       c
      .s::              iE            Designation                                                                                                      E
               f?
                        e                                 Rec.                                            Description of Material
      .,
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               *        a..               (%)             FF                                                                                           <J)
      0        :2                                                                                                                                      E
                                                60


              14


                                                          100
                                                          -3-
                                                                       C-17




              15

       50




                                                          ~            C-18
                                                           3
              16




       55

              17



                                                                                        Bottom of boring at 57 feet depth below ground surface.
                                                                                        Installed a PVC observation well:
                                                                                        1. Backfilled from 36.0 feet to 57.0 feet with bentonite
                                                                                        chips.
                                                                                        2. Installed a PVC observation well:
              18                                                                           - PVC screen interval with 0.010-inch slots: 25.0-
                                                                                        35.0 feet
                                                                                           - PVC riser: 1.8 feet above ground surface to 25.0
        60
                                                                                        feet
                                                                                           - Sand filter pack: 24 to 36 feet.
                                                                                        3. Backfilled from 1.5 to 24 feet with bentonite chips.
                                                                                        4. Installed quickcrete surface seal (0 to 1.5 feet) and
                                                                                        protective steel casing (2.5-inch I.D., approx. 3.0 feet
                                                                                        long).
              19
                                                                                        Water level measurements (below existing ground
                                                                                        surface):
                                                                                        - 9/30/07 at 08:00: 8.2 feet.
                                                                                        - 12/12/07 at 16:35: 4.0 feet.




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o                    L-_L-_L-~_-L_-L_~_~_~~_-L                                        ~                                                            -L_L-_~
                             Washington State                                             LOG OF TEST BORING
                             Department of Transportation                                                                                            Start Card _ _ _ _ __

                                                                                                                                                     HOLE No.     EMS-008-07
                 Job No       33758613.04000                SR            90                         Elevation     2524.8 ft (769.5 m)
                                                                                                                                                               1
                                                                                                                                                        Sheet ___         of _2_

                 Project 1-90 Snoqualmie Pass East                                                                                                      Driller   Mike Harvey          Lic#~


            Drilling Contractor WSDOT Field Exploration Unit                                                                                          Inspector Ken Yang. Dave Nelson


                  Start June 27, 2007                  Completion June 27,2007                           Well 10# Not Applicable                     Equipment Skid-Mounted CME-45 wI Autohammer


                Station       1257+23                            Offset    172.61'L                       Casing HQ 31', HW 18'                        Method Wet Rotary


            Northing          1075918.685                    Easting       1751410.061                   Latitude 4r22'49.535"N                      Longitude 121°22'36.944"W


                County Kittitas                        Subsection          SW 1/4 of NW 1/4                                        Section      23      Range 11E               Township~

                                                                                                              0
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                                                                                                   (I)     (I)~

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                                                                                                                            oto 0.5 feet: Topsoil.
                              ••
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                                                                                                                     8      0.5 to 4 feet: Silty SAND with gravel, angular to
                                                                                                                            subangular, medium dense, dark gray, moist, stratified,
                              !,!           I                         I
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                                                                                                                            HCI nottested.
                              ••
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                                                                                                                            4 to 12.5 feet: Well graded GRAVEL with sand,
                                                                                                                            subrounded to angular, dense to very dense, greenish
                                                                                                                                                                                        _"SI-
           5-                 !,!           I                         I        ~                           0-2       8      gray, wet, homogenous, HCI not tested.


                              ••• •         I
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                                                                                                          GW        59
                                                                                                                    24
                                                                                                                            4 feet: very dense.


                f-2
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                              ••
                              •••           I                         I
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                              !,!           I
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       10-
                '-3           !,!           I
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                                                                                                                                                                                        --
                              ~.                                                                          GW        12
                              •••           I                I
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                                            I                I                                                      15
                                            I                I                                                     (27)
                              ~.            I                I        I
                              •••           I                I        I
                                            I                I        I
                              f:t--.Lt-     I               I        I         ...1QQ.                     0-4      11
                                                                                                          sw                12.5 to 17 feet: Well graded SAND with gravel or well
                -4                          I               I        I                                              16      graded GRAVEL with sand, medium dense to dense,                   -
                                           I     I          I        I                                              15      dense, pinkish gray to yellowish brown, wet, stratified,
                                           I     I          I        I                                             (31)     no HCI reaction.
                                           I     I          I        I                                                      12.5 feet: dense, well graded SAND.
                                           I     I          I        I
~                                          I     I          I        I
(!)
,...   15-                                                                                                 0-5       5                                                                  f-
                                           I     I          I        I         -.li.                                        grades to medium dense, well graded GRAVEL with
g                                          I     I          I        I
                                                                                                          GW        10
N
co                                                                                                                          sand.
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                               o 0     0   I     I          I        I                                                      17 to 31.5 feet: Well graded GRAVEL to silty GRAVEL
ii':                          )0                                               ~                           0-6      11      with sand, with occasional cobbles and boulders, angular
o                                          I     I          I        I
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                                                                                                                   (21)
                                                                                                                            brown, wet, homogenous, no HCI reaction.
                                                                                                                            17 feet: Medium dense, well graded GRAVEL with sand.
c::
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                                                                                                                                                                                             -
                         Washington State                                        LOG OF TEST BORING
                         Department of Transportation                                                                                        Start Card _ _ _ _ __

                                                                                                                                              HOLE No.     EMB-008-07
              Job No      33758613.04000             SR           90                        Elevation       2524.8 ft (769.5 m)
                                                                                                                                                  Sheet _2_ of _2_

               rOJect I-90 Snoqualmie Pass East
              p'                                                                                                                                  Dn er
                                                                                                                                                    'II    Mike Harvev          L'IC#       2599

                                                                                         Q)            0
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       :§.           ~         iE             Designation              Rec,
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                                         20    40     60     80
                          I'; 0:;                            I
                                                                       .J11
                                                                                        ~
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                                                                                                GM
                                                                                                                 ~

                                                                                                                 20
                                                                                                                        grades to dense, silty GRAVEL with sand.
                          ~O                                 I                                                   16

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                                                                                                                   5
                                                                                                                 for 2.5'
                                                                                                                          grades to very dense, well graded GRAVEL with sand.
                                                                                                                                                                                        -
                          0 0 0                                        J.QQ.                    C-9             (>50)     grades to poorly graded GRAVEL with cobbles and
                          ?o?
                          ~O
                                                                                              PP(C/B)
                                                                                                                          boulders.

                          0 0 0
       25-                ?o?
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                          0 0 0
              f-"8        ?o?
                          pO                                           ...1§..                 C-10                     grades to well graded GRAVEL with boulders.
                                                                                                                                                                                        -
                           0   0     0                I                                       GW(B)

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                                                                                                                        Bottom of boring at 31.5 feet depth below ground
                                         I      I     I      :                                                          surface. Backfilled to ground surface with bentonite
                                         I      I     I      I
                                                                                                                        chips.
                                         I      I     I      I                                                                                                                          -
              1-10                                                                                                      Water level measurements (below existing ground
                                         I      I     I      I
                                         I      I     I      I                                                          surface):
                                         I      I     I      I                                                          - 6/27107 at 14:00 - 4.9 feet.
                                         I      I     I      I
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                                                      I      :
                          Washington State                                            LOG OF TEST BORING
                          Department of Transportation                                                                                      Start Card _ _ _ _ __

                                                                                                                                            HOLE No.     EMS-009-07
                Job No 33758613.04000                    SR            90                     Elevation      2525.2 ft (769.7 m)
                                                                                                                                                      1
                                                                                                                                               Sheet ___         of _3_

                Project 1-90 Snoqualmie Pass East                                                                                              Driller   Bobby Haller            Lic#         2779


            Drilling Contractor WSDOT Field Exploration Unit                                                                                 Inspector Tom Jackson


                  Start September 26, 2007          Completion September 26, 2007 Well ID# ..:..N:.::0c:.tAp:..=pc:.:l:.::ica:::b"'l.::.e_ _ _ _ _ _ Equipment CME 45 (skid rig) w/auto-hammer


                Station     1257+38                           Offset    0.44 'L                    Casing HW, HQ                              Method Wet Rotary


            Northing       1075904.631                    Easting       1751238.281                Latitude 4r22'49.378"N                   Longitude 121°22'39.438"W


                County Kittitas                     Subsection          SE 1/4 of NW 1/4                                    Section    23      Range     11E            Town ship~

                                                                                             .,     _.0
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                                                                                                                      or without cobbles and boulders, subangular, loose to
                           ~.            I     I         I         I
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                                                                                                                      very dense, gray, moist, homogenous, Hel not tested .
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                                                                                                                      5 feet: loose.


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                                                                                                     C-3
                                                                                                   GP(CIB)
                                                                                                                      grades to poorly graded GRAVEL with cobbles and

                           !.!           I     I         I         I
                                                                                                                      boulders. Maximum size of the boulders encountered is
                                                                                                                      22 inches.

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                                                                                                               10     grades to medium dense poorly graded GRAVEL.
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                                                                                                     C-5
                                                                                                   GW(C)
                                                                                                                      grades to well graded GRAVEL with cobbles.
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                                                         I         :                                                                                                                     -
                         Washington State                                        LOG OF TEST BORING
                         Department of Transportation                                                                                   Start Card _ _ _ _ __

                                                                                                                                         HOLE No.      EMB-009-07
               Job No     33758613.04000               SR        90                         Elevation 2525.2 ft (769.7 m)
                                                                                                                                             Sheet _2_ of _3_
               p rOJec t I-90 Snoqualmie Pass East
                   .                                                                                                                         D'II er
                                                                                                                                              n        Bobbv Haller            Lic#        2779
                                                                                          .,    _.0
                                                                                                    0
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                                                                                                           23      grades to very dense, well graded GRAVEL with sand.
                          ~-
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                                                                                                           24
                                                                                                           30
               -7
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                                                                                                                                                                                      -
                          ~-           I                    I                                   Sd..               grades to poorly graded GRAVEL with cobbles.
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         25-              I;·;         I
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                                                            I                                                      25 to 41 feet: Poorly graded silty SAND with gravel to
                                       I                    I                                                      sandy SILT, very loose to medium dense, brown, moist
                                       I                    I
                                                                                                                   towel.
               r-B                     I                    I                                                                                                                         -
                                                                                                                   25 feet: Loose, poorly graded silty SAND (fine) with

                                                                                          ~~
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                                       I                    I                                    SM                gravel.
                                                                                                            3
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               r-9                                          I                                                                                                                         -
                                                            I
         30-                                                I         ..§L                      D-9         3      grades to medium dense, silty SAND with pockets of
                                                                                                                                                                                 -
                                                            I                                    SM         7      sandy SILT.
                                                            I                                               B
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         35-                           I     I         I              ...IlL                    D-10        1                                                                    -
                                       I     I         I                                        SM          B
                                       I     I         I                                                    7                                                                         -
               f-11                    I     I         I                                                  (15)
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....,                                  I     I         I
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(!)      40-                                                                                    D-11        1                                                                    -
r;                                     I     I         I    I         ...IlL                                       grades to loose poorly graded SAND.
o                                                                                               SP          2
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                                       I     I         I    I                                              (6)     41 to 61.5 feet: Sandy SILT to SILT, very loose to loose,
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                                                       I    :
              Washington State                                  LOG OF TEST BORING
              Department of Transportation                                                                      Start Card _ _ _ _ __

                                                                                                                HOLE No.     EMS-009-07
      Job No   33758613.04000          SR           90             Elevation   2525.2 ft (769.7 m)
                                                                                                                   Sheet _3_ of _3_

      Project 1-90 Snoqualmie Pass East                                                                            Driller   Bobbv Haller             LiC# 2779


g                               Rock Quality
                                                          %
                                                                                                                                                              c
                                                                                                                                                              Q)

                                Designation                                                                                                                   E
E                                                        Rec.                                              Description of Material                            2
Co
                                    (%)                                                                                                                      iii
Q)
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                           20    40     60     80
                                                                     ~           I
                                                                                        grades to very loose.
                                                                      ML         1
      -14                                                                        1                                                                       -
                                                                                (2)




      r--15                                                                                                                                              -
50-                               I                                   0-13       1
                                                                     ML                 grades to soft, SILT.
                                  I                                              1
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                                  I
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      r--16                       I
                                                                                                                                                         -
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55-                               I                                   0-14       2
                                                                     ML                 grades to loose, stratified sandy SILT with layers of silty
                                  I                                              2      SAND.
      r--17                       I                                              3                                                                       -
                                  I                                             (5)
                                  I
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      r--18                       I                                                                                                                      -
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60-                                                      _0_          0-15       1
                                  I     I      I                                        grades to very loose.
                                  I     I      I                                 2
                                  I     I      I                                 2
                                  I     I      I                                (4)


      -19
                            : : :
                            I
                            I I I
                                               Bottom of boring at 61.5 feet depth below ground
                                               :
                                               surface. Backfilled to ground surface with bentonite
                                                                                                        -
                                               chips.
               I   I   I    I
               I   I   I   I
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               I   I  I    I
               I   I  I    I
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               I   I   I    I                                                                       r--
65-
               I   I   I    I
    -20        I   I   I    I                                                                           -
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               I   I  I    I                                                                            -
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               I   I  I    I
70-L__~__- l__J -__L-1~__- L__L -__J-~~__~____~______________________________~-L_ _~
               I
                    Washington State                                           LOG OF TEST BORING
                    Department of Transportation                                                                                        Start Card _ _ _ _ __

                                                                                                                                        HOLE No.      EMB-010-07
         Job No 33758613.04000                   SR            90                          Elevation     2500.5 ft (762.2 m)
                                                                                                                                            Sheet _1_ of _3_

          Project 1-90 Snoqualmie Pass East                                                                                                 Driller   Bobby Haller          Lic#~


       Drilling Contractor WSDOT Field Exploration Unit                                                                                  Inspector Tom Jackson


           Start September 27,2007             Completion September 27,2007 WeIlID# .:.N.::o::..:t.:...Ap=pl:::ica=b:.:::le~_ _ _ __ Equipment CME 45 (skid rig) w/auto-hammer


         Station      1268+63.60                      Offset    48.93'R                        Casing HW, HQ                              Method Wet Rotary


       Northing      1074777.547                  Easting       1751230.896                    Latitude 47"22'38.255"N                  Longitude 121°22'39.363"W


         County Kittitas                       SubsecrIon       NW 1/4 of SW 1/4                                         SecrIon   23       Range     11E            Tow nshiP2L-

                                                                                          Q)       a
                                         Rock Quality                                  g;
                                                                                                 _.0
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 5
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                                                                                                                                                                                       2
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                                    20    40     60       80
                     I':' • ':'     I             I
                                                                                                                  o to 18 feet: Well graded GRAVEL with sand,
                                                                                                                  subangular to subrounded, medium dense to dense,
                     ~-
                     •••            I
                                    I
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                                                                                                                  gray, moist, homogenous, HCI not tested .
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                                                                                                                  3 feet: Dense

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                                                                                                                  grades to medium dense.                                         -

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                                                                    ....21..                     D-4
                                                                                                SM
                                                                                                           10     18 to 44.1 feet: Well graved GRAVEL with sand with
                                0
                                                                                                           12     occasional cobbles and silty SAND with gravel,
                     pO             I      I      I        I                                               15
                      0         0                                                                                 subangular to subrounded, dense to very dense, gray,
                          0
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         1-6
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                                                           I                                                      moist, homogenous, Hel not tested.
                                                                                                                  18 feet: Dense, well graded silty SAND with gravel.             -
 20
                          '"
                 Washington State                                      LOG OF TEST BORING
                 Department of Transportation                                                                                Start Card _ _ _ _ __

                                                                                                                              HOLE No.      EMB-010-07
       Job No     33758613.04000               SR        90                    Elevation      2500.5 ft (762.2 m)
                                                                                                                                  Sheet _2_ of _3_

           .       -
       p rOJect I 90 Snoqualmie Pass East                                                                                         D'II er
                                                                                                                                   n        Bobbv Haller         L"C#
                                                                                                                                                                  I         2779
                                                                                     0
                                                                           Ol
                                                                           c.
                                                                                  _.I:l



                                                                                                                                                                    *
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                                   Rock Quality
                                                                %       .c >-     z>-          ~z                                                                   ;;:        Ol
             ~         iE          Designation                         -Gg~       Olen         <f)~

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                                                                                                        grades to very dense. well graded GRAVEL with cobbles.
                                                                                                        Maximum size of the cobbles encountered is 6 inches.

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                                                               -"-                                      Bottom of boring at 44.1 feet depth below ground
                                                                                                        surface. Backfilled to ground surface with bentonite
45
                Washington State                                  LOG OF TEST BORING
                Department of Transportation                                                                   Start Card _ _ _ _ __

                                                                                                               HOLE No.       EMB-010-07
      Job No     33758613.04000          SR           90                  Elevation   2500.5 ft (762.2 m)
                                                                                                                    Sheet _3_ of _3_

         .        -
      PrOJec t I 90 Snoqualmie Pass East                                                                              ·
                                                                                                                    Dn11 er   Bobbv Haller   Lic#        2779
                                                                              _ .c
                                                                                 0

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          ~                                                                                                 Description of Material
£;
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 70
                           Washington State                                                    LOG OF TEST BORING
                           Department of Transportation                                                                                                         Start Card _ _ _ _ __

                                                                                                                                                                HOLE No.     EMB-011-07
               Job No 33758613.04000                           SR             90                              Elevation    2536.8 ft (773.2 m)
                                                                                                                                                                   Sheet _1_ of _2_
               Project 1-90 Snoqualmie Pass East                                                                                                                   Driller   Mike Harvey I Joe JuddUC# 2599/2454

             Drilling Contractor WSDOT Field Exploration Unit                                                                                                    Inspector Ken Yang


                 Start June 28, 2007                      Completion July 10, 2007                              Well 10# Not Applicable                         Equipment Skid-Mounted CME-45 wI Autohammer


               Station      1268+47.38                               Offset    206.69'L                          Casing HW, HQ                                    Method Wet Rotary


             Northing 1074803.276                                Easting       1751485.73                       Latitude 47"22'38.537"N                         Longitude 121°22'35.665"W


               Coun ty Kittitas                           Subsection           NW 1/4 of SW 1/4