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Agmt09 Huffman-Broadway Group
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Agmt09 Huffman-Broadway Group
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Last modified
6/18/2009 3:31:53 PM
Creation date
6/18/2009 3:31:53 PM
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Agreement
Contractor Name
Huffman-Broadway
PROJECT NAME
RW Shores Levee Maintenance
RMP File Number
304
Date
6/10/2009
MO Ref
MO 09-083
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<br />d. Proposal assumes their will be no mitigation requirements as mitigation actions in <br />waters of the U.S. and State will be self mitigating. However agreement to provide <br />protective measures for federally listed species such as fencing may be required by the <br />USFWS before project approval can occur. <br /> <br />2.0 Tasks <br /> <br />Task 1. Corps Jurisdictional Delineation. HBG will conduct a detailed wetland delineation to <br />determine the location and geographic extent of all waters of the United States (wetlands and <br />other waters) potentially subject to regulation by the Corps. HBG will conduct this delineation <br />in accordance with current Corps regulations, guidance memorandums, required 1987 Corps of <br />Engineers Wetlands Delineation Manual and required Interim Regional Supplement to the 1987 <br />Corps of Engineers Wetland Delineation Manualfor the Arid West Region methodology, based <br />on current and historical land use conditions. The locations of wetlands found will be mapped in <br />the field using a Trimble Pathfinder XRS GPS unit with real-time beacon correction (accuracy <br /><SOcm). <br /> <br />The data collected from the above activities will be analyzed in accordance with Corps-required <br />methodology. A jurisdictional delineation report detailing our field data, potential jurisdictional <br />wetlands or other waters of the U.S. and jurisdictional determination analysis along with a draft <br />copy of the Approved Jurisdictional Determination Form will be generated and provided to <br />Client and representatives for review. All areas identified as wetlands or other waters of the <br />United States will be mapped on a IOO-scale base map within the study boundary. It is assumed <br />that client will provide HBG with updated digital topographic and property boundary mapping <br />data suitable for use in AutoCAD. <br /> <br />Upon client approval, HBG will submit the detailed jurisdictional wetland report to the Corps for <br />official verification of the extent and location of wetlands/waters of the United States. This <br />proposal assumes that 100 hours of time plus expenses are necessary for this Task. <br /> <br />Note: As a result of the U.S. Supreme Court decision in Rapanos v. United States & Carabell v. United States <br />(Rapanos). guidance has been given to EPA regions and Corps districts to implement the Supreme Court's decision <br />which addresses the jurisdiction over waters of the U.S. under the Clean Water Act. The Rapanos guidance requires <br />the Corps to conduct detailed analysis of the functions and values of wetlands and other waters of the U.S. <br />potentially onsite and in some cases offsite, determine if there is a nexus to traditional navigable waters and the <br />significance of the nexus to the traditional navigable water. Results of the detailed analysis conducted by the Corps <br />would be recorded by completing the Corps "Approved Jurisdictional Determination Form" provided in the U.S. <br />Army Corps of Engineers Jurisdictional Determination Form Instructional Guidebook dated August 30, 2007. <br /> <br />The additional work required by the Rapanos decision guidance may result in a longer process when requesting a <br />jurisdictional determination from the Corps. The project while not the first will nevertheless be in one of the first <br />waves of jurisdictional delineations analyzed under the new Rapanos guidance in the San Francisco Corps district. <br />As a result, the Corps may require the applicants to provide information that is not explicitly written in the Rapanos <br />guidance documents. Additionally, it is likely that the Rapanos guidance will be revised and/or updated, which <br />could result in further delays and requests for additional information. In order to minimize the approval time, HBG <br />will, to the best of its ability, assist the Corps by providing the analysis and by filling out a draft Approved <br />Jurisdictional Determination Form in accordance with the instructional guidebook published for the use and review <br />of the Corps. Because the Rapanos guidance is new and evolving, the Corps may ask HBG to provide information <br />or documentation that was not anticipated within the scope of work described above and/or which may result in <br /> <br />M:\Redwood Levee 2009\Proposals\Redwood Shores Levee maintenance Proposal Amendment No 4-14-2009.doc <br /> <br />Page 4 of 12 <br />
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