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DEPARTMENT OF THE ARMY <br /> ti SEATTLE DISTRICT,CORPS OF ENGINEERS <br /> `' P.O.BOX 3755 <br /> SEATTLE,WASHINGTON 98124-3755 <br /> REPLY TO <br /> ATTENTION OF <br /> Regulatory Branch <br /> APR — 2 2015 <br /> r <br /> Paul Crane <br /> City of Everett <br /> 3200 Cedar Street <br /> Everett, Washington 98201 <br /> Reference: NWS-2014-00447 <br /> Everett, City of <br /> Dear Mr. Crane: <br /> ' We have reviewed your application to perform restoration activities including excavation of <br /> side channels,placement of native fill for habitat berms and plantings and the removal of derelict <br /> ' wood and piles from the bank of the Snohomish River and in Wetland C in the City's Riverfront <br /> District re-development project at Everett, Washington. Based on the information you provided <br /> to us,Nationwide Permit(NWP) 27,Aquatic Habitat Restoration, Establishment, and <br /> I Enhancement Activities(Federal Register February 21, 2012,Vol. 77,No. 34), authorizes your <br /> proposal as depicted on the enclosed drawings dated February 7, 2014. <br /> In order for this authorization to be valid,you must ensure the work is performed in <br /> accordance with the enclosed NWP 27, Terms and Conditions and the following special <br /> conditions: <br /> a. You must implement and abide by the Endangered Species Act(ESA) <br /> requirements and/or agreements set forth in the Riverfront Development Public <br /> Amenities—North Wetland Complex Enhancements Biological Assessment and <br /> Essential Fish Habitat Assessment, dated February 2014, in their entirety. The <br /> National Marine Fisheries Service(NMFS) concurred with a finding of"may <br /> ' affect,not likely to adversely affect"based on this document on March 10, 2015 <br /> (NMFS Reference Number WCR-2015-2059). The U.S. Fish and Wildlife <br /> Service (USFWS) concurred with a finding of"may affect, not likely to <br /> 1 adversely affect"based on this document on March 23, 2015 (USFWS <br /> Reference Number 01EWFW00-2015-I-0297). Both agencies will be informed <br /> of this permit issuance. Failure to comply with the commitments made in this <br /> document constitutes non-compliance with the ESA and your Corps permit. The <br /> USFWS/NMFS is the appropriate authority to determine compliance with ESA. <br /> I <br />