1500 1ST ST RAIL BARGE FACILITY 2018-01-01 MF Import

i ! 1 EELGRASS ENCROACHMENT ; 2 The Contractor is advised that eelgrass beds are present at the project site and are I 3 protected under State and Federal law. The Contractor shall exercise extreme caution 4 when working in the area indicated on the Plans as Eelgrass Beds. The Contractor shall � 5 adhere to the restrictions listed in the Corps and HPA approvals included in these 6 Special Provisions during the life of the contract. 7 8 Any fines or damage to eelgrass beds or subslrates supporting eelgrass beds that I9 results irom the Contractor's operations shall be paid or repaired at lhe Contractor's 10 expense. 11 ! 12 � 13 NOISE RESTRICTIONS j 14 The contractor shall assume that noise restrictions in Federal, State and local laws and � 15 regulations apply except for additional restrictions specifically indicated in Appendix E : 16 ' 17 18 Washington State Department Of Ecology 19 I 20 The Department of Ecolo (Ecology) issued an Individual 401 Water Quality 21 Certification Order#�for this project, which is included in Appendix C � 22 , 23 Applicable Conditions of Order#-are included below: � 24 1. Possession Sound is a Class "AA" water of the state. Certification of this 25 proposai does not authorize the Applicant to exceed applicable state water ' 26 quality standards (173-201A WAC) or sediment quality standards (173-204 I 27 WAC). Water quality criteria contained in 173-201A-030(1) WAC and 173-201A- 28 040 WAC apply to this project. Furthermore, nothing in this certification shall 29 absolve the Applicant from liability for contamination and any subsequent I 30 cleanup of surface waters or sediments resulting from project constniction and/or 31 operations. 32 ( 33 2. The point of compliance for turbidity when working in marine waters shall be at a � 34 radius of one hundred fifty feet from the activity causing the turbidity exceedance. 35 The mixing zone is not granted for any other parameter other than turbiditv and is � 36 only authorized after the activity has received all other necessary local and state 37 permits and approvals, and afler the implementation of appropriated best 38 management practices to avoid or minimize disturbance of in-place sediments � 39 and exceedance of the turbidity criteria. 40 41 3. This Order shall be valid during construction activities, through site stability and I 42 until the Corps of Engineers 404 permit expires. 43 44 Any person who fails to comply with any provision of this Order shall be liable for a 45 penalty of up to ten thousand dollars ($10,000) per violation for each day of continuing n ' 46 Port of Everett FAWAT-03•039 Satellite RaillBarge Trensfer Facllity Final Port Revlew DraR � Phase 1:Pler Construction 16 75 March 2005