Northwest Construction 1/18/2022

r EXHIBIT D STORMWATER MANAGEMENT REQUIREMENTS To comply with the Construction Stormwater General Permit issued by the Washington Department of Ecology("Ecology"), effective January 1, 2021 ("CSGP"), and Administrative Order No. 20183 issued by Ecology to the Port on August 3, 2021 ("AO"), the City agrees to the following requirements: A. The Port will maintain the necessary coverage for the City's activities at the Kimberly- Clark site under the Port's CSGP coverage and the AO. B. The City will be responsible, at its sole cost and expense, for all CSGP and AO compliance for its or its contractors' activities in the License Area, except for monitoring any stormwater discharges, which is discussed in G. below. C. Before earthwork begins, the City will prepare, at its sole cost and expense, a stormwater ' pollution prevention plan ("SWPPP") that meets the requirements of the CSGP and AO for the License Area. The City's SWPPP must be consistent with, and include the applicable best management practices from, the Port's SWPPP for the Port Property. The SWPPP shall be prepared by a licensed professional with appropriate experience preparing SWPPPs for sites having a Construction Stormwater General Permit issued by Ecology, as well as Administrative Orders issued by Ecology. D. The City will take every reasonable measure, and make every reasonable effort, at its sole cost and expense, (1) to discharge stormwater to the City sewer treatment facility or infiltrate stormwater in the License Area; and (2) to maintain the dewatering treatment system in good working order. The City's work in the License Area shall not result in a discharge of construction stormwater or dewatering water from the License Area to a surface water. E. Notwithstanding that the Work shall not result in a discharge to a surface water, the City will identify a CSGP monitoring point before earthwork begins. The City will provide the Port with all information necessary to update its CSGP coverage with Ecology to add the City's monitoring point. F. The City will notify the Port immediately if a surface water discharge occurs. If the discharge results in a violation of the AO or triggers the stormwater treatment provisions in the AO, the Port can require the City to issue an immediate stop work order for the Work in the License Area. G. The Port will hire a stormwater professional (the "CSGP Professional") to oversee stormwater at the site and compliance under the CSGP and AO by the Port and the City, including but not limited to taking any monitoring samples required under the CSGP and/or AO in the Project Area. The City shall ensure that its contractor follows all reasonable and appropriate instructions issued by the CSGP Professional to ensure the I Exhibit D 112558540.8 0073013-00041