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12.14 — Section 4(f) Programmatic Documentation If requested, Landau Associates shall prepare a technical memorandum to support Section 4(f) programmatic evaluation. The technical memorandum will provide summary of: • Project purpose and need • Alternatives considered pursuant to applicable programmatic evaluation • Feasible and prudent evaluation of alternatives evaluated. Landau Associates shall prepare a draft technical memorandum for review and comment by KPFF and the City, and then a final document. Assumptions • Impacts to Grand Avenue Park associated with the project meet the requirements of a Section 4(f) programmatic evaluation. • The proposed bridge location was selected to satisfy a specific purpose and need. A similar bridge cited to avoid Park impacts would not meet project purpose and need. • Support for additional bridge alternatives will be limited to contents of the September 2007 City of Everett Grand Bluff to Waterfront Pedestrian Crossing Feasibility Study. • The pedestrian bridge phase of the project will be included in the documentation but does not require any additional analysis. Deliverables • Draft and final technical memorandum per the Project Submittal List. 12.15 — Biological Assessment (BA) Section 7 Endangered Species Act (ESA); Magnuson- Stevens Act Essential Fish Habitat (EFH) Evaluation Landau Associates shall incorporate information regarding the utility bridge project segment into the BA (refer to Task 24.14) for selected species federally listed as threatened or endangered under the ESA and EFH Evaluation for the proposed project. A site reconnaissance to identify existing site conditions will also be completed. Evaluation of specific project details, such as construction techniques and equipment used, timing of construction, and best management practices (BMPs) will be based on information provided by KPFF. The report will establish the project action area, which incorporates the furthest extent of both aquatic and terrestrial impacts. Appropriate environmental baseline information and species history will be summarized in the BA. For budgeting purposes we assume a determination of "no effect" (NE) or "may effect, not likely to adversely affect" (NLAA) is anticipated. The project is not expected to impact EFH. Assumptions • The BA will be drafted using the current WSDOT template. • 30 to 60 percent level of design will be sufficient for preparation of the BA and EFH Evaluation report. • For budgeting purposes we assume the project will have a NE or NLAA determination on listed species or their designated critical habitat and a formal Biological Opinion will not be required, and the project will have no adverse impact to EFH. If our conclusions indicate KPFF Consulting Engineer November 10, 2014 Grand Avenue Park Utility Bridge, Phase 1A Page 36 of 55