2006/05/31 Council Agenda Packet

subcontract, and that it will take all appropriate actions to enforce these requirements. b. In no event shall any amount of the assistance provided under this HOME Agreement be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(I) of the Clean Air Act or Section 309(c) of the Federal Water Pollution Control Act. c. The following mandatory mitigating requirements have been identified by NOAA Fisheries during the environmental review and must be complied with: NOAA Fisheries concurs with the Office of Housing and Community Development's effect determination of "may affect, not likely to adversely affect" Puget Sound (PS) Chinook salmon as provided under section 7 (a)(2) of the ESA and its implementing regulations (50 CFR Part 402). PS Chinook salmon were listed as threatened under the ESA on March 24, 1999 (50 CFR Parts 223 and 224). There is currently no stormwater treatment on the site. The proposed stormwater mitigation plan included as part of the project will treat approximately 114% of existing and new impervious surfaces for the entire action area or 1.4 acres total. This will be accomplished through a cast-in -place detention vault with smaller vaults that house rechargeable cartridges filled with an approved filter media. The current design will result in a controlled release of runoff into the on-site wetland and stream filtration through the proposed filter media. In addition, Temporary Erosion and Sediment Control (TESC) measures will be included as an integral part of the proposed detention and treatment. All areas affected by the proposed project will be returned to their natural settings upon project completion and any landscaping will use native species for revegetation purposes. C. Certain Acts Prohibited The Agency shall not make any sale, encumbrance, assignment, or conveyance, or transfer in any other form, of the property or Project or any part thereof or of any of its interest therein other than in accordance with the terms of this HOME Agreement. D. Public Information 1. In all news releases and other public notices related to the Project funded under this HOME Agreement, the Agency shall include information identifying the source of funds as the City of Everett HOME Investment Partnerships Program. 2. For all construction Projects, the Agency shall erect a sign to City specifications at the construction site, identifying the source of funds. E. Religious or Faith Based Organizations 1. Eligibility - 5 - 65