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Request for Professional Services

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Request for Professional Services REQUEST FOR PROFESSIONAL SERVICES IMPROVEMENTS TO LITTLE SQUALICUM BEACH DESIGN AND PERMITTING – ADDENDUM 1 This addendum to the Request for Professional Services (RFPS) includes the following information: Questions regarding the RFPS: Question Response The design should be modified to both meet the What level of modification to the existing expectations of permitting agencies and minimize long- design is expected? term maintenance. Does the Port of Bellingham anticipate this project falling within the Implementation This project does not fall directly under Implementation Agreement No. 2 between the Port of Agreement No.2 between the Port of Bellingham and Bellingham and Lummi Nation for permitting Lummi Nation as maintenance repairs. Port facility improvements outside of remediation work? Can the Port share previous permitting See attached permitting documents for existing design. documents from the 2014 project? All other information in the RFPS, dated May 4, 2021, remains unchanged. DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 REPLY TO ATTENTION OF July 22, 2015 Regulatory Branch Port of Bellingham Mr. Michael Hogan Post Office Box 1677 Bellingham, Washington 98227 Reference: NWS-2015-424 Bellingham, Port of Dear Mr. Hogan: We have reviewed your application to place fill in waters of the U.S. for shoreline restoration in Bellingham Bay at Bellingham, Whatcom County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal Register February 21, 2012, Vol. 77, No. 34), authorizes your proposed work as depicted on the enclosed drawings dated June 3, 2015. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 27, Terms and Conditions and the following special conditions: a. The permittee must install and maintain sediment and erosion controls during construction at the site until all disturbed soils have been revegetated or otherwise stabilized b. You must implement and abide by the ESA requirements and/or agreements set forth in “Little Squalicum Habitat Beach, Biological Evaluation,” dated April 30, 2015, in their entirety. The National Marine Fisheries Service (NMFS) concurred with a finding of “may affect, not likely to adversely affect” based on this document on July 15, 2015 (NMFS Reference Number WCR-2015-2885). The U.S. Fish and Wildlife Service (USFWS) concurred with a finding of “may affect, not likely to adversely affect” based on this document on July 9, 2015 (USFWS Reference Number 01EWFW00-2015-I-0689). Both agencies 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 USFWS/NMFS is the appropriate authority to determine compliance with ESA. c. In order to meet the requirements of the Endangered Species Act and for the protection of Chinook, steelhead, and bull trout, the permittee may conduct the authorized activities below the +10.2 foot elevation (MLLW datum) from July 16 through October 14 in any year this permit is valid. The permittee shall not conduct work authorized by this permit activities below the +10.2 foot elevation from October 15 through July 14 and in any year this permit is valid. -2- d. Surf smelt may be spawning in the project area during the allowed work window. Prior to construction, the applicant will have a qualified biologist confirm in writing that no surf smelt are spawning in the area. If the WDFW Habitat Biologist has volunteered to conduct a survey as part of the Hydraulic Project Approval (HPA), this survey may be used as compliance with this condition. The letter or memorandum from the qualified biologist or the WDFW Habitat Biologist with the date of the inspection and the findings must be provided to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch prior to construction. Email or address the letter or memorandum to Randel Perry and include the reference number NWS-2015-424. If confirmed that no surf smelt are spawning, the applicant has one week from the date of the inspection to complete all work below mean high water. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. We are unable to determine whether or not your project requires individual Water Quality Certification (WQC) and/or a Coastal Zone Management (CZM) consistency determination response from the Washington State Department of Ecology (Ecology). Before you may proceed with the work authorized by this NWP, you must contact Ecology regarding these requirements at: Washington Department of Ecology Federal Permit Coordinator Post Office Box 47600 Olympia, Washington 98504-7660 Telephone: (360) 407-6068 Email: [email protected]. If more than 180 days pass from when you provide Ecology a copy of this letter and request your individual WQC and CZM consistency determination concurrence review, your requirement to obtain an individual WQC and CZM consistency determination response becomes waived. You may then proceed to construction. Bellingham Bay is a water of the U.S. If you believe this is inaccurate, you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. -3- Our verification of this NWP authorization is valid until March 18, 2017 unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2017, you will have until March 18, 2018 to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all State and local permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit form. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at www.nws.usace.army.mil (select “Regulatory/Permits” and then “Forms”. If you have any questions, please contact me at (360) 734-3156 or via email at [email protected]. Sincerely, Randel Perry, Project Manager Regulatory Branch Enclosures NATIONWIDE PERMIT 27 Terms and Conditions Effective Date: June 15, 2012 A. Description of Authorized Activities B. Corps National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. State 401 Certification General Conditions F. State 401 Certification Specific Conditions for this NWP G. EPA 401 Certification General Conditions H. EPA 401 Certification Specific Conditions for this NWP I. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, restoration, or establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to restore or establish stream meanders; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to establish or re-establish wetland or stream hydrology; the construction of small nesting islands; the construction of open water
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