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6. PROGRAMMATIC, ENVIRONMENTAL AND HISTORIC PRESERVATION CONDITIONS
<br /> In completing this project, the SUBRECIPIENT must adhere to the following programmatic, environmental
<br /> and historic preservation conditions:
<br /> a. Scope of Work Change: Requests for changes to the Scope of Work after grant award are permissible
<br /> as long as they do not change the nature or total project cost of the activity, properties identified in the
<br /> application, the feasibility and effectiveness of the project, or reduce the Benefit Cost Ratio below 1.0.
<br /> Requests must be supported by adequate justification, including a description of the proposed change;
<br /> a written explanation of the reason or reasons for the change; an outline of remaining funds available to
<br /> support the change; and a full description of the work necessary to complete the activity.
<br /> A proposed change to the approved Scope of Work (as presented in the FEMA approved project
<br /> application) must be submitted to the DEPARTMENT and FEMA in advance of implementation for re-
<br /> evaluation for compliance with National Environmental Policy Act(NEPA) and other Laws and Executive
<br /> Orders. Prior approval for a change to the approved Scope of Work must be obtained from the
<br /> DEPARTMENT and FEMA before the change is implemented. Failure to obtain prior approval for a
<br /> revised Scope of Work could result in ineligibility of resulting costs.
<br /> b. Comply with all applicable federal, state and local laws and regulations. Failure to obtain all appropriate
<br /> federal, state and local environmental permits and clearances may jeopardize federal funding provided
<br /> by this Agreement.
<br /> c. Ensure that all completed work is in compliance with applicable state and local buildings codes and flood
<br /> damage prevention legislation.
<br /> d. Monitor site work during ground-disturbing activities for evidence of potential archaeological resources
<br /> that are uncovered. SUBRECIPIENT must halt the project in the event historically or archaeologically
<br /> significant materials or sites (or evidence thereof) are discovered. By way of example, such evidence
<br /> may include, but is not limited to, artifacts such as arrowheads, bone fragments, pottery shards, and
<br /> features such as fire pits or structural elements. All reasonable measures must be taken to avoid or
<br /> minimize harm to such resources until such time as the SUBRECIPIENT notifies the DEPARTMENT,
<br /> and FEMA, in consultation with the State Historic Preservation Officer (SHPO) and appropriate Native
<br /> American tribes, determines appropriate measures have been taken to ensure that the project is in
<br /> compliance with the National Historic Preservation Act. In addition, upon discovery of human skeletal
<br /> remains, the SUBRECIPIENT is required by state law to notify the county coroner and local law
<br /> enforcement in the most expeditious manner possible and to immediately stop any activity which may
<br /> cause further ground disturbance.
<br /> e. Determine the presence of hazardous materials and/or toxic waste, and identifying, handling, managing,
<br /> abating and disposing of such materials in accordance with the requirements and to the satisfaction of
<br /> the governing local, state and federal agencies, including but not limited to the Washington Department
<br /> of Ecology. Such materials may include, but are not limited to, asbestos, lead-based paint, propane
<br /> cylinders, sand blasting residue, discarded paints and solvents, cleaning chemicals, containers of
<br /> pesticides, lead-acid batteries, items containing chlorofluorocarbons(CFCs), motor oil and used oil filters,
<br /> and unlabeled tanks or containers.
<br /> f. Conduct work during the non-flood season as determined by the local floodplain administrator. However,
<br /> should construction be required during the flood season, as determined by the local floodplain
<br /> administrator, all construction equipment shall be staged in an area not susceptible to flood events or be
<br /> readily transportable out of the floodplain to minimize flood damage.
<br /> g. Dispose of all debris at an approved and permitted location. No debris shall be temporarily staged or
<br /> disposed of in a floodplain and/or a wetland.
<br /> h. Confirm with the State Department of Ecology whether this project will require a consistency
<br /> determination under the Coastal Zone Management Act. If required, the SUBRECIPIENT shall obtain
<br /> and comply with all requirements of the determination prior to starting the project.
<br /> i. Select, implement, monitor, and maintain Best Management Practices(BMPs)to control soil erosion and
<br /> sedimentation, reduce spills and pollution, and provide habitat protection. The acquisition site shall be
<br /> stabilized from erosion and silt laden runoff by implementing these BMPs and securing the site from
<br /> transient vehicle access. Any excavation and/or grading shall be done within and/or adjacent to the
<br /> existing building footprint area and not beyond undisturbed portions of the site.
<br /> j. Resubmit the project to the DEPARTMENT and FEMA prior to implementation if any in-water work will
<br /> occur or if any work will occur below the ordinary high water mark of any water resource in the area, so
<br /> Mitigation Project Grant Agreement Page 24 of 29 City of Everett, D22-024 Revised
<br /> Form 4/17/2020
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