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REPLY TO <br />ATTENTION OF <br />Regulatory Branch <br />Ms. Ashley Previs <br />Veritas Development, Inc. <br />22819 Woodway Park load <br />Woodway, Washington.98020 <br />Dear Ms. Previs: <br />DEPARTMENT OF THE ARMY <br />SEATTLE DISTRICT, CORPS OF ENGINEERS <br />P.D. BOX 3755 <br />SEATTLE, WASHINGTON 98124-3755 <br />JUL 242015 <br />Reference: NWS-2014--838 <br />Veritas Development, Inc. <br />' We have reviewed your application to place fill in 0.25 of an acre of wetlands to construct a <br />new commercial and light -industrial business park in wetlands at Everett, Washington. Based on <br />the information you provided to us, Nationwide Permit (NWP) 39, Commercial and Institutional <br />' Developments (Federal Register February 21, 2012, Vol. 77, No. 34), authorizes your proposal as <br />depicted on the enclosed drawings dated September 15, 2014. <br />In order for this authorization to be valid, you must ensure the work is performed' in <br />accordance with the enclosed NIP 39, Terms and Conditions and the following special <br />conditions: <br />a. You must implement and abide by the Endangered Species Act (ESA) requirements <br />and/or agreements set forth in the Biological Evaluation for Soundvielv Business Campus, <br />Everett, Washington dated September 2014, in their entirety. The National Marine Fisheries <br />Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on <br />this document on March 10, 2015 (NMFS Reference Number NWR 2015/1945). The U.S. Fish <br />' and Wildlife Service (USFWS) concurred with a finding of "may affect, not likely to adversely <br />affect" based on this document on May 5, 2015 (USFWS Reference Number 01EWFW00-2015- <br />1-0225). Both agencies will be informed of this permit issuance. Failure to comply with the <br />' commitments made in this document constitutes non-compliance with the ESA and your <br />U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to <br />determine compliance with ESA. <br />b. You shall implement and abide by the Wetland Mitigation Bank Use Plan for the <br />Soundview Business Campus dated July 2015 and obtain mitigation bank credits from the <br />' Skykomish Habitat Mitigation Bank in accordance with Page 15 of the Bank Use Plan. <br />