USA v. Bobby Wolford Trucking & Salvage, Inc. et al

Filing 63

CONSENT DECREE re Plaintiff's 62 Motion. Signed by Judge Thomas S. Zilly.(MW)

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 1 of 227

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THE HONORABLE THOMAS S. ZILLY

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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Plaintiff,

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v.

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CONSENT DECREE

BOBBY WOLFORD TRUCKING &
SALVAGE, INC., and KARL FREDERICK
KLOCK PACIFIC BISON, LLC,
Defendants,

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No. 2:18-cv-00747-TSZ

UNITED STATES OF AMERICA,

and
THE TULALIP TRIBES OF
WASHINGTON,

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Intervenor.

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WHEREAS, the Plaintiff, the United States of America, on behalf of the United States

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Environmental Protection Agency (“EPA”), filed the Complaint herein against Defendants

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Bobby Wolford Trucking & Salvage, Inc., (“Wolford Trucking”) and Karl Frederick Klock

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Pacific Bison, LLC, (“KFKPB”) (collectively, “Defendants”), alleging that Defendants violated

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Section 301(a) of the Clean Water Act (“CWA”), 33 U.S.C. § 1311(a);

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Consent Decree
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WHEREAS, the Complaint alleges that Defendants violated CWA Section 301(a) by

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discharging dredged or fill material and/or controlling and directing the discharge of dredged or

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fill material into waters of the United States at a site located in Snohomish County, Washington,

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(the “Site”) and more fully described in the Complaint, without authorization by the United

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States Department of the Army (“the Corps”);

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WHEREAS, the Complaint seeks (1) to enjoin the discharge of pollutants into waters of

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the United States in violation of CWA Section 301(a), 33 U.S.C. § 1311(a); (2) to require

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Defendants, at their own expense and at the direction of EPA, to restore and/or mitigate the

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damages caused by their unlawful activities; and (3) to require Defendants to pay civil penalties

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as provided in 33 U.S.C. § 1319(d);

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WHEREAS, the Tulalip Tribes of Washington (“Tulalip Tribes”), which has no liability

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for the alleged violations of the CWA in the Complaint filed herein, has been joined as a party in

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this matter for the purpose of facilitating the restoration and preservation of the Site by accepting

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transfer of property subject to the conditions herein and conducting restoration actions on that

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property as described herein;
WHEREAS, this Consent Decree is intended to constitute a complete and final settlement

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of the United States’ claims under the CWA set forth in the Complaint regarding the Site;
WHEREAS, the United States, Defendants, and the Tulalip Tribes agree that settlement

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of this case is in the public interest and that entry of this Consent Decree is the most appropriate
means of resolving the United States’ claims under the CWA against Defendants in this case;
and
WHEREAS, the Court finds that this Consent Decree is a reasonable and fair settlement
of the United States’ claims against Defendants in this case, and that this Consent Decree
adequately protects the public interest in accordance with the CWA and all other applicable
federal law.

Consent Decree
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THEREFORE, without further adjudication of any issue of fact or law, and upon consent

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of the parties hereto by their authorized representatives, it is hereby ORDERED, ADJUDGED

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and DECREED as follows:

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I. JURISDICTION AND VENUE
1.

This Court has jurisdiction over the subject matter of these actions and over the

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parties pursuant to 28 U.S.C. §§ 1331, 1345, and 1355, and CWA Section 309(b), 33 U.S.C.

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§ 1319(b).

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2.

Venue is proper in the Western District of Washington pursuant to CWA Section

309(b), 33 U.S.C. § 1319(b), and 28 U.S.C. § 1391(b) and (c), because Defendants conduct

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business in this District, the subject property is located in this District, and the causes of action

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alleged herein arose in this District.

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3.

The Complaint states claims upon which relief can be granted pursuant to CWA

Sections 301, 309, and 404, 33 U.S.C. §§ 1311, 1319, and 1344.

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II. APPLICABILITY
4.

The obligations of this Consent Decree shall apply to and be binding upon

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Defendants and Tulalip Tribes, their officers, directors, agents, employees and servants, and their

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successors and assigns and any person, firm, association, or corporation who is, or will be, acting

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in concert or participation with any of the Defendants or the Tulalip Tribes whether or not such

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person has notice of this Consent Decree. In any action to enforce this Consent Decree against a

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Defendant and/or the Tulalip Tribes, neither the Defendant nor the Tulalip Tribes shall raise as a

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defense the failure of any of its officers, directors, agents, employees, successors or assigns or

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any person, firm, or corporation acting in concert or participation with a Defendant and/or the

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Tulalip Tribes, to take any actions necessary to comply with the provisions hereof.

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III. SCOPE OF CONSENT DECREE

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5.

This Consent Decree shall constitute a complete and final settlement of all civil

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claims for injunctive relief and civil penalties alleged in the Complaint against Defendants and

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their officers, directors, shareholders, members, employees, and agents under CWA Section 301

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concerning the Site.

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6.

It is the express purpose of the parties in entering this Consent Decree to further

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the objectives set forth in CWA Section 101, 33 U.S.C. § 1251. All plans, studies, construction,

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remedial maintenance, monitoring programs, and other obligations in this Consent Decree or

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resulting from the activities required by this Consent Decree shall have the objective of causing

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Defendants to achieve and maintain full compliance with, and to further the purposes of, the

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CWA.

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7.

Defendants’ and the Tulalip Tribes’ obligations under this Consent Decree are

independent and set forth as to each Defendant and the Tulalip Tribes below.
8.

Except as in accordance with this Consent Decree, Defendants, and Defendants’

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agents, successors, and assigns are enjoined from discharging any pollutant on or from the Site

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into waters of the United States, unless such discharge complies with the provisions of the CWA

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and its implementing regulations.

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9.

The parties acknowledge that Nationwide Permit 32, found at 82 Fed. Reg. 1,860

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(Jan. 6, 2017), authorizes any fill that was placed as of the date of entry of this Consent Decree in

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the areas identified in Appendix A appended hereto, to remain in place, subject to the conditions

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provided in the Nationwide Permit and this Consent Decree. The parties further acknowledge

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that Nationwide Permit 32 authorizes the discharge of dredged or fill material insofar as such

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discharge is necessary to complete the work required to be performed pursuant to this Consent

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Decree. Any such discharge of dredged or fill material necessary for work required by this

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Consent Decree shall be subject to the conditions of the Nationwide Permit and this Consent

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Decree. No later than thirty (30) days after entry of this Consent Decree, Wolford Trucking shall

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apply to the Corps for authorization under Nationwide Permit 32, and will timely respond to all

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requests for information by the Corps.

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10.

This Consent Decree is not and shall not be interpreted to be a permit or

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modification of any existing permit issued pursuant to CWA Sections 402 or 404, 33 U.S.C.

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§§ 1342 or 1344, or any other law. Nothing in this Consent Decree shall limit the ability of the

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Corps to issue, modify, suspend, revoke, or deny any individual permit or any nationwide or

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regional general permit, nor shall this Consent Decree limit EPA’s ability to exercise its

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authority pursuant to Section 404(c) of the CWA, 33 U.S.C. § 1344(c).

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11.

This Consent Decree in no way affects or relieves Defendants or the Tulalip

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Tribes of their responsibility to comply with any applicable federal, state, or local law,

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regulation, or permit.

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12.

This Consent Decree in no way affects the rights of the United States as against

any person not a party to this Consent Decree.
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The United States reserves any and all legal and equitable remedies available to

enforce the provisions of this Consent Decree and applicable law.
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With the exception of Paragraphs 1 and 2, nothing in this Consent Decree shall

constitute an admission of fact or law by any party.

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IV. SPECIFIC PROVISIONS

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Environmental Covenant

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15.

KFKPB shall, within thirty (30) days of completion of the survey and lot line

adjustment pursuant to Paragraph 19 of this Consent Decree, execute an Environmental
Covenant in the form of Appendix B attached hereto and incorporated by reference, and shall

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submit the Environmental Covenant to the Snohomish County Auditor for recording in the real

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property records of Snohomish County.

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16.

KFKPB shall comply with the terms and conditions of the Environmental

Covenant as a requirement of this Consent Decree.

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Transfer of Property
17.

KFKPB shall transfer by quit claim deed the following real property (collectively

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“the Property”), free of any leasehold interest, together with any and all structures,

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improvements, and fixtures thereon to the Tulalip Tribes following the determination by the

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Tulalip Tribes that title is acceptable and that there are no hazardous substances on the property

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requiring removal or remediation:
A. All of Snohomish County Tax Parcel No. 27071000100100 consisting
of 34.22 acres.

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B. All of Snohomish County Tax Parcel No. 27071000100300 consisting
of 2.4 acres.

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C. All of Snohomish County Tax Parcel No. 27071000100200 consisting
of 37.6 acres.

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D. That portion of Snohomish County Tax Parcel No. 27071000200100
east of line starting approximately 500 feet East from the Northwest
corner of the parcel running south to a point approximately 500 feet
East from the Southwest corner of the parcel consisting of 39.46 acres
less that portion of the parcel west of said line.

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E. That portion of Snohomish County Tax Parcel No. 27070300300500
east of line starting approximately 800 feet East from the Northwest
corner of the parcel running south to a point approximately 500 feet
East from the Southwest corner of the parcel consisting of 84 acres
less that portion of the parcel west of said line.

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F. That portion of Snohomish County Tax Parcel No. 27070300300300
east of line starting approximately 800 feet East from the Southwest
corner of the parcel running North south to a point intersecting the
North boundary of the parcel consisting of 26.75 acres less that portion
of the parcel west of said line.

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18.

KFKPB shall within a reasonable time after entry of this Consent Decree, and at

its own cost and expense, contract to have a survey performed to delineate the western boundary

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of the parcels described in Paragraph 17 subparagraphs D, E, and F as illustrated in Appendix A

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to be transferred and to prepare a property description of the property to be transferred.

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19.

KFKPB shall within thirty (30) days of receiving a survey report and property

description apply to Snohomish County to segregate and otherwise establish new tax parcels for
the portions of Tax Parcel Nos 27070300300300, 27070300300500, and 27071000200100 that
will be transferred to the Tulalip Tribes.
20.

KFKPB reserves its water right under Certificate No. 6 Page 2999 dated March

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24, 1948 (Certificate S1-*06508CWRIS) which currently includes a portion of the real property
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to be transferred as an authorized place of use. Historic beneficial use of the water right has not
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occurred on the property to be transferred.
21.

The Tulalip Tribes agrees that the transfer of property shall exclude and except

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any interest or right in the water right under Certificate No. 6 Page 2999 dated March 24, 1948

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(Certificate S1-*06508CWRIS), which has never been exercised or applied for the beneficial use

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of water on the property described in Paragraph 17.

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22.

Under this Consent Decree, the Tulalip Tribes and its representatives (including

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environmental consultants, architects, and engineers) have been or will be afforded the right and

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opportunity to enter upon the property and to make inspections of the property that the Tulalip

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Tribes determines are necessary or desirable after consultation and agreement with KFKPB,

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which agreement shall not be unreasonably withheld, including the conduct of soil, water,
environmental, and engineering tests. The Tulalip Tribes represents that it is knowledgeable in
real estate matters and that, upon completion of the inspections contemplated or permitted by this

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Consent Decree, the Tulalip Tribes will have made all of the investigations and inspections the
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Tulalip Tribes determines are necessary in connection with its acceptance of the Property.
KFKPB shall pay all real property taxes on the property up to the date of conveyance to the
Tulalip Tribes. Any outstanding taxes will be prorated on an annual basis.
23.

The Tulalip Tribes acknowledges that notwithstanding any prior or

contemporaneous oral or written representations, statements, documents, or understandings, this

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Consent Decree constitutes the entire understanding of the parties with respect to the subject

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matter hereof and supersedes any prior or contemporaneous oral or written representations,

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statements, documents, or understandings.

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24.

The Tulalip Tribes agrees that it is acquiring the Property to be transferred in

wholly an “AS-IS” condition, at no cost to the Tulalip Tribes beyond the obligations undertaken
in this Consent Decree and subject to the conditions in paragraph 26 below.
25.

The parties agree that the Property shall be transferred in the form of a quit claim

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deed attached hereto as Appendix D subject to determination of the property description
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determined from the survey and lot segregation application described above.
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26.

KFKPB shall place the quit claim deed in escrow within thirty (30) days of

receiving a property description and obtaining a lot line adjustment from Snohomish County.

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The escrow will be subject to instruction that the quit claim deed shall be recorded upon the

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Tulalip Tribes’ written approval of title and acceptance of the deed, and a determination by the

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Tulalip Tribes that it has identified no hazardous substances on the Property requiring removal or

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remediation or that the Tribe has decided to accept ownership despite the presence of hazardous

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substances. KFKPB shall provide the United States with written notice of closing, at the

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addresses specified in Section IX of this Consent Decree. If the Tulalip Tribes determines that

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title is objectionable and title objections are not cleared, or that hazardous substances may be

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present on the Property, the Tulalip Tribes, in its sole discretion, may accept or reject ownership
of the property. If the Tulalip Tribes has not accepted ownership of the Property within sixty
(60) days from and after the date Wolford Trucking has completed its Restoration Obligations

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under Paragraph 29 of this Consent Decree and EPA has approved all Wolford Trucking
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Completion Reports pursuant to Paragraph 32, the escrow shall be terminated and the quit claim
deed to the Tulalip Tribe shall be null and void.
27.

The Tulalip Tribes agrees that it is acquiring title to the Property subject to the

Environmental Covenant.

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28.

The Tulalip Tribes shall comply with the terms and conditions of the

Environmental Covenant as a requirement of this Consent Decree.
Restoration and Rehabilitation

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29.

Wolford Trucking shall fully perform the restoration projects identified as

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Wolford Trucking’s Restoration Obligations as set forth in Appendix C, appended hereto and

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incorporated herein by reference. For purposes of the identification requirement of Section

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162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), performance of

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restoration projects pursuant to this Paragraph is restitution or required to come into compliance

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with law.

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30.

The Tulalip Tribes shall oversee Wolford Trucking’s restoration projects as set

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forth in Appendix C. The Tulalip Tribes shall fully perform the restoration projects identified as

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Tulalip Tribes’ Restoration Obligations as set forth in Appendix C, appended hereto and

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incorporated herein by reference, subject to the conditions in paragraph 26. Under no

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circumstance shall the Tulalip Tribes be responsible for completing Wolford Trucking’s

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obligations under this Consent Decree or the costs associated therewith, either before or after

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transfer of the property.

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31.

KFKPB shall allow Wolford Trucking and the Tulalip Tribes limited access to the

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Property for the sole and exclusive purpose of implementing restoration work set forth in

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Appendix C and performing any other activities undertaken to comply with federal, state, or

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county law. The Tulalip Tribes agrees that it shall not access the Property for any other purpose

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including access to conduct environmental site assessments in accordance with paragraph 22 of

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this Consent Decree without prior notice to and consent by KFKPB. Access for Tulalip Tribes

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consultants to conduct environmental site assessments in accordance with paragraph 22 of this

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Consent Decree shall not be unreasonably withheld. The Tulalip Tribes agrees that it assumes all

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risk of injury or damage resulting from access to the property and waives and releases KFKPB

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from any and all claims that result from its access to the Property. Wolford Trucking shall

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provide proof of insurance within minimum coverage of $1 million per instance and $3 million

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for total coverage naming KFKPB as an additional insured for any damages, claims or injuries

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resulting from site investigation and implementing restoration work. Wolford Trucking assumes

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all risk of damages and liability incurred during access to the property for the purposes of

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implementing the restoration work set forth in Appendix C and further agree to waive,

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indemnify, and defend KFKPB from any and all claims against KFKB related to the restoration

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work. The scope of Wolford Trucking’s defense and indemnity obligations to KFKPB shall be

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limited to the insurance coverage required under this paragraph.

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32. Within thirty (30) days of completing the restoration activities described in Appendix

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C, Wolford Trucking and the Tulalip Tribes shall each provide EPA with a separate Completion

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Report, which shall include photographs of the Site conditions before and after implementation

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of Wolford Trucking and the Tulalip Tribes’ respective restoration activities described in
Appendix C. EPA will review and, if appropriate, approve each Completion Report. If EPA
determines that Wolford Trucking and/or the Tulalip Tribes have not fully satisfied the

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requirements of the restoration activities described in Appendix C, EPA will provide Wolford
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Trucking and/or the Tulalip Tribes with a written description of the actions necessary to fully
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satisfy the requirements of Appendix C. EPA’s approval of each Completion Report or written
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description of the actions necessary to fully satisfy the requirements of Appendix C will be
provided to Wolford Trucking and the Tulalip Tribes within a reasonable time, not to exceed
thirty (30) days from receipt of Wolford Trucking and the Tulalip Tribes’ submission.
33. To ensure that all parcels of land identified in Paragraph 17 remain undisturbed,

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KFKPB shall, within thirty (30) days of receiving a property description and obtaining a lot line

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adjustment from Snohomish County, record a certified copy of this Consent Decree with the

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Auditor’s Office, in Snohomish County, Washington. Thereafter, each deed, title, or other

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instrument conveying an interest in any property identified in Paragraph 17 shall contain a notice

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stating that the property is subject to this Consent Decree, and to the Environmental Covenant,

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and shall reference the recorded location of the Consent Decree and Environmental Covenant

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and any restrictions applicable to the property under this Consent Decree.

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Civil Penalties
34.

Wolford Trucking shall pay a civil penalty to the United States in the amount of

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three hundred thousand dollars ($300,000.00), within thirty (30) days of entry of this Consent

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Decree.

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35.

Wolford Trucking shall make the above-referenced payments by FedWire

Electronic Funds Transfer (“EFT” or wire transfer) to the U.S. Department of Justice account in
accordance with instructions provided to Wolford Trucking by the Financial Litigation Unit
(“FLU”) of the United States Attorney’s Office for the Western District of Washington after
entry of this Consent Decree. The payment instructions provided by the FLU will include a
Consolidated Debt Collection System (“CDCS”) number, which Wolford Trucking shall use to
identify all payments required to be made in accordance with this Consent Decree. The FLU
will provide the payment instructions to:

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Connie Sue M. Martin
Schwabe Williamson & Wyatt
U.S. Bank Centre
1420 Fifth Avenue, Suite 3400
Seattle, Washington 98101

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on behalf of Wolford Trucking. Any payments received by the U.S. Department of Justice after
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4:00 P.M. (Eastern Time) will be credited on the next business day.
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Consent Decree
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36.

Upon payment of the civil penalty required by this Consent Decree, Wolford

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Trucking shall provide written notice, at the addresses specified in Section IX of this Consent

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Decree, that such payment was made in accordance with Paragraphs 34 and 35.

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37.

Civil penalty payments pursuant to this Consent Decree (including stipulated

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penalty payments under Section VIII) are penalties within the meaning of Section 162(f) of the

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Internal Revenue Code, 26 U.S.C. § 162(f), or of 26 C.F.R. § 1.162-21, and are not tax-

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deductible expenditures for purposes of federal law.

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V. NOTICES AND OTHER SUBMISSIONS
38.

Within thirty (30) days after the deadline for completing any task set forth in

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Appendix C of this Consent Decree, Wolford Trucking shall provide the United States with

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written notice, at the addresses specified in Section IX of this Consent Decree, of whether or not

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that task has been completed.

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39.

If the required task has been completed, the notice shall specify the date when it

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was completed. If the task was not or has not been completed within the scheduled time for such

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completion required by the Consent Decree, the notice shall explain the reasons for any delay in

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completion and state the anticipated date of completion.

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40.

In all notices, documents or reports submitted to the United States pursuant to this

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Consent Decree, the submitting party shall, by signature of a senior management official, certify

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such notices, documents and reports as follows:

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I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering such information, the
information submitted is, to the best of my knowledge and belief, true, accurate
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.

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VI. RETENTION OF RECORDS AND RIGHT OF ENTRY
41.

Until ten (10) years after entry of this Consent Decree, Wolford Trucking and the

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Tulalip Tribes shall preserve and retain all records and documents now in their possession or

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control or which come into their possession or control that relate in any manner to the

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performance of the tasks in Appendix C regardless of any corporate retention policy to the

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contrary. Until ten (10) years after entry of this Consent Decree, Wolford Trucking and the

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Tulalip Tribes shall also instruct their contractors and agents to preserve all documents, records,

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and information of whatever kind, nature or description relating to the performance of the tasks

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in Appendix C.

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42.

At the conclusion of the document retention period, Wolford Trucking and the

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Tulalip Tribes shall notify the United States at least ninety (90) days prior to the destruction of

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any such records or documents by it, and, upon request by the United States, the party providing

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notification shall deliver any such records or documents to EPA. Wolford Trucking and the

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Tulalip Tribes may assert that certain documents, records, and other information are privileged

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under the attorney-client privilege or any other privilege recognized by federal law. If a party

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asserts such a privilege, it shall provide the United States with the following: (1) the title of the

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document, record, or information; (2) the date of the document, record, or information; (3) the

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name and title of the author of the document, record, or information; (4) the name and title of

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each addressee and recipient; (5) a description of the subject of the document, record, or

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information; and (6) the privilege asserted by Wolford Trucking or the Tulalip Tribes. However,

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no documents, reports or other information created or generated pursuant to the requirements of

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the Consent Decree shall be withheld on the grounds that they are privileged.

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43.

A. Until termination of this Consent Decree, the United States and its authorized

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representatives and contractors shall have authority at all reasonable times to enter the Property

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described in Paragraph 17 to:

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1) Monitor the activities required by this Consent Decree;

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2) Verify any data or information submitted to the United States;

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3) Obtain samples;

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4) Inspect and evaluate Wolford Trucking’s and the Tulalip Tribes’

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restoration and/or mitigation activities; and

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5) Inspect and review any records required to be kept under the terms and

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conditions of this Consent Decree and the CWA.

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B. This provision of this Consent Decree is in addition to, and in no way limits or
otherwise affects, the statutory authorities of the United States to conduct inspections, to require

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monitoring and to obtain information from Defendants and the Tulalip Tribes as authorized by

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law.

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VI. DISPUTE RESOLUTION
44.

Any dispute that arises with respect to the meaning or requirements of this

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Consent Decree shall be, in the first instance, the subject of informal negotiations between the

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United States, Defendants, and/or the Tulalip Tribes affected by the dispute to attempt to resolve

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such dispute. The period for informal negotiations shall not extend beyond thirty (30) days

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beginning with written notice by one party to the other affected party or parties that a dispute

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exists, unless agreed to in writing by those parties. If a dispute between the United States and

19

Defendants cannot be resolved by informal negotiations, then the position advanced by the

20

United States shall be considered binding unless, within fourteen (14) days after the end of the

21

informal negotiations period, Defendants file a motion with the Court seeking resolution of the

22

dispute. The motion shall set forth the nature of the dispute and a proposal for its resolution.

23

The United States shall have thirty (30) days to respond to the motion and propose an alternate

24

resolution. In resolving any such dispute, Defendants shall bear the burden of proving by a

25

preponderance of the evidence that the United States’ position is not in accordance with the

Consent Decree
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objectives of this Consent Decree and the CWA, and that Defendants’ position will achieve

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compliance with the terms and conditions of this Consent Decree and the CWA.

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45.

If the United States believes that a dispute is not a good faith dispute, or that a

4

delay would pose or increase a threat of harm to the public or the environment, it may move the

5

Court for a resolution of the dispute prior to the expiration of the thirty (30) day period for

6

informal negotiations. Defendants shall have fourteen (14) days to respond to the motion and

7

propose an alternate resolution. In resolving any such dispute, Defendants shall bear the burden

8

of proving by a preponderance of the evidence that the United States’ position is not in

9

accordance with the objectives of this Consent Decree, and that Defendants’ position will

10

achieve compliance with the terms and conditions of this Consent Decree and the CWA.

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46.

The filing of a motion asking the Court to resolve a dispute shall not extend or

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postpone any obligation of Defendants under this Consent Decree, except as provided in

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Paragraph 55 below regarding payment of stipulated penalties.

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47.

Any dispute with the Tulalip Tribes shall be subject to the 30-day informal

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dispute resolution process as set forth above. If the dispute is not resolved through informal

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negotiations, either party may file a motion requesting that the Court resolve the dispute.

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VII. FORCE MAJEURE
48.

Defendants and the Tulalip Tribes shall perform the actions required under this

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Consent Decree within the time limits set forth or approved herein, unless the performance is

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prevented or delayed solely by events which constitute a Force Majeure event. A Force Majeure

21

event is defined as any event arising from causes beyond the control of Defendants, including

22

their employees, agents, consultants and contractors, which could not be overcome by due

23

diligence and which delays or prevents the performance of an action required by this Consent

24

Decree within the specified time period. A Force Majeure event does not include, inter alia,

25

increased costs of performance, changed economic circumstances, changed labor relations,

Consent Decree
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1

normal precipitation or climate events, changed circumstances arising out of the sale, lease or

2

other transfer or conveyance of title or ownership or possession of a site, or failure to obtain

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federal, state or local permits.

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49.

If Defendants and/or the Tulalip Tribes believe that a Force Majeure event has

5

affected Defendants’ and/or the Tulalip Tribes’ ability to perform any action required under this

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Consent Decree, Defendants and/or the Tulalip Tribes shall notify the United States in writing

7

within seven (7) calendar days after the event at the addresses listed in Section IX. Such notice

8

shall include a discussion of the following:

9

A.

what action has been affected;

10

B.

the specific cause(s) of the delay;

11

C.

the length or estimated duration of the delay; and

12

D.

any measures taken or planned by Defendants and/or the Tulalip Tribes to

13

prevent or minimize the delay and a schedule for the implementation of such

14

measures.

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Defendants and/or the Tulalip Tribes may also provide to the United States any additional

16

information that they deem appropriate to support their conclusion that a Force Majeure event

17

has affected their ability to perform an action required under this Consent Decree. Failure to

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provide timely and complete notification to the United States shall constitute a waiver of any

19

claim of Force Majeure as to the event in question.

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50.

If the United States determines that the conditions constitute a Force Majeure

21

event, then the deadline for the affected action shall be extended by the amount of time of the

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delay caused by the Force Majeure event. Defendants and/or the Tulalip Tribes shall coordinate

23

with EPA to determine when to begin or resume the operations that had been affected by any

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Force Majeure event.

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Consent Decree
No. 2:18-cv-00747-TSZ

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51.

If the parties are unable to agree whether the conditions constitute a Force

2

Majeure event, or whether the length of time for fulfilling the provision of the Consent Decree at

3

issue should be extended, any party may seek a resolution of the dispute under the procedures in

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Section VI of this Consent Decree.

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52.

Defendants and/or the Tulalip Tribes shall bear the burden of proving (1) that the

6

noncompliance at issue was caused by circumstances entirely beyond the control of Defendants

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and/or the Tulalip Tribes and any entity controlled by Defendants and/or the Tulalip Tribes,

8

including their contractors and consultants; (2) that Defendants and/or the Tulalip Tribes or any

9

entity controlled by Defendants and/or the Tulalip Tribes could not have foreseen and prevented

10

such noncompliance; and (3) the number of days of noncompliance that were caused by such

11

circumstances.

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VIII. STIPULATED PENALTIES
53.

After entry of this Consent Decree, if a Defendant fails to timely fulfill any

14

requirement applicable to that Defendant under the Consent Decree (including Appendix C), the

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nonperforming Defendant shall pay a stipulated penalty to the United States for each violation of

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each requirement of this Consent Decree as follows:

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A.

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$1,000.00 per day

Day 30 of non-compliance
B.

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For Day 1 up to and including

For Day 31 up to and including

$2,000.00 per day

Day 60 of non-compliance
C.

For Day 61 and beyond

$3,000.00 per day

of non-compliance

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Such payments shall be made without demand by the United States on or before the last day of

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the month following the month in which the stipulated penalty accrued. Tulalip Tribes shall not

25

be subject to stipulated penalties.

Consent Decree
No. 2:18-cv-00747-TSZ

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54.

Any disputes concerning the amount of stipulated penalties, or the underlying

2

violation that gives rise to the stipulated penalties, that cannot be resolved by the parties pursuant

3

to the Dispute Resolution provisions in Section VI and/or the Force Majeure provisions in

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Section VII shall be resolved upon motion to this Court as provided in Paragraphs 44 and 45.

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55.

The filing of a motion requesting that the Court resolve a dispute shall stay a

6

Defendant’s obligation to pay any stipulated penalties with respect to the disputed matter

7

pending resolution of the dispute. Notwithstanding the stay of payment, stipulated penalties

8

shall continue to accrue from the first day of any failure or refusal to comply with any term or

9

condition of this Consent Decree. In the event that a Defendant does not prevail on the disputed

10
11

issue, stipulated penalties shall be paid by that Defendant as provided in this Section.
56.

To the extent that a Defendant demonstrates to the Court that a delay or other

12

non-compliance was due to a Force Majeure event (as defined in Paragraph 48 above) or

13

otherwise prevail on the disputed issue, the Court shall excuse the stipulated penalties for that

14

delay or non-compliance.

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57.

In the event that a stipulated penalty payment is applicable and not made on time,

16

interest will be charged in accordance with the statutory judgment interest rate provided for in 28

17

U.S.C. § 1961. The interest shall be computed daily from the time the payment is due until the

18

date the payment is made. The interest shall also be compounded annually.

19

58.

A Defendant liable for stipulated penalties shall make any payment of a stipulated

20

penalty by FedWire Electronic Funds Transfer (“EFT” or wire transfer) to the U.S. Department

21

of Justice account in accordance with instructions provided to Defendants by the Financial

22

Litigation Unit of the United States Attorney’s Office for the Western District of Washington.

23

The payment instructions provided by the FLU will include a Consolidated Debt Collection

24

System (“CDCS”) number, which Defendants shall use to identify all payments required to be

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Consent Decree
No. 2:18-cv-00747-TSZ

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made in accordance with this Consent Decree. The FLU will provide the payment instructions

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to:

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5

Connie Sue M. Martin
Schwabe Williamson & Wyatt
U.S. Bank Centre
1420 Fifth Avenue, Suite 3400
Seattle, Washington 98101

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and

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James A. Tupper, Jr.
Tupper Mack Wells, PLLC
2025 First Avenue, Suite 1100
Seattle, Washington 98121

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9
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on behalf of Defendants. Any payments received by the U.S. Department of Justice after 4:00

11

P.M. (Eastern Time) will be credited on the next business day. Further, upon payment of any

12

stipulated penalties, the Defendant making payment shall provide written notice, at the addresses

13

specified in Section IX of this Decree.
IX. ADDRESSES

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59.

All notices and communications required under this Consent Decree shall be

made to the parties through each of the following persons and addresses:
A.

TO EPA:
Patrick Johnson
U.S. EPA, Region 10
Office of Regional Counsel
1200 Sixth Ave, Suite 155
Mail Stop 11-C07
Seattle, Washington 98101
[e-mail]
Krista Rave-Perkins
U.S. EPA, Region 10
Enforcement and Compliance Assurance Division
1200 Sixth Avenue, Suite 155
Mail Stop 20-C04
Seattle, Washington 98101

Consent Decree
No. 2:18-cv-00747-TSZ

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2

[e-mail]
B.

Section Chief
Environmental Defense Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044

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C.

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D.

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TO DEFENDANT BOBBY WOLFORD TRUCKING AND SALVAGE, INC.:
Connie Sue Martin
Schwabe, Williamson & Wyatt
1420 Fifth Avenue, Suite 3400
Seattle, Washington 98101

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TO DEFENDANT KARL FREDERICK KLOCK PACIFIC BISON LLC:
James A. Tupper, Jr.
Tupper Mack Wells, PLLC
2025 First Avenue, Suite 1100
Seattle, Washington 98121

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10

TO THE UNITED STATES DEPARTMENT OF JUSTICE

E.

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TO THE TULALIP TRIBES:
Tulalip Office of Reservation Attorney
Attn: Tim Brewer
6406 Marine Drive
Tulalip, Washington 98271

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Brett Shattuck
Tulalip Natural Resources Department
6406 Marine Drive
Tulalip, Washington 98271

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X. COSTS OF SUIT
60.

Each party to this Consent Decree shall bear its own costs and attorneys’ fees in

this action. Should a Defendant subsequently be determined by the Court to have violated the
terms or conditions of this Consent Decree, that Defendant shall be liable for any costs or

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Consent Decree
No. 2:18-cv-00747-TSZ

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1

attorneys’ fees incurred by the United States in any action against Defendant for noncompliance

2

with or enforcement of this Consent Decree.

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4

XI. PUBLIC COMMENT
61.

The parties acknowledge that after the lodging and before the entry of this

5

Consent Decree, final approval by the United States is subject to the requirements of 28 C.F.R.

6

§ 50.7, which provides for public notice and comment. The United States reserves the right to

7

withhold or withdraw its consent to the entry of this Consent Decree if the comments received

8

disclose facts which lead the United States to conclude that the proposed judgment is

9

inappropriate, improper, or inadequate. Defendants and the Tulalip Tribes agree not to withdraw

10

from, oppose entry of, or to challenge any provision of this Consent Decree, unless the United

11

States has notified Defendants and the Tulalip Tribes in writing that it no longer supports entry

12

of the Consent Decree.

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14

XII. CONTINUING JURISDICTION OF THE COURT
62.

This Court shall retain jurisdiction over this action in order to enforce or modify

15

the Consent Decree consistent with applicable law or to resolve all disputes arising hereunder as

16

may be necessary or appropriate for construction or execution of this Consent Decree. During

17

the pendency of the Consent Decree, any party may apply to the Court for any relief necessary to

18

construe and effectuate the Consent Decree.

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20

XIII. MODIFICATION
63.

Upon its entry by the Court, this Consent Decree shall have the force and effect of

21

a final judgment. Any modification of this Consent Decree shall be in writing and shall not take

22

effect unless signed by the United States, Defendants, and the Tulalip Tribes and approved by

23

the Court.

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25

XIV. TERMINATION
64.

This Consent Decree may be terminated by either of the following:

Consent Decree
No. 2:18-cv-00747-TSZ

21

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 22 of 227

1
2
3
4

A.

Defendants, the Tulalip Tribes, and the United States may at any time make

a joint motion to the Court for termination of this Consent Decree or any portion of it; or
B.

Defendants may make a unilateral motion to the Court seeking to terminate

that Defendant’s obligations under this Consent Decree after each of the following has occurred:

5

1.

As to each Defendant, when that Defendant has obtained and

6

maintained compliance with all provisions of this Consent Decree applicable to

7

the Defendant and the CWA for twelve (12) consecutive months;

8
9
10

2.

and other monetary obligations hereunder and no penalties or other monetary
obligations are outstanding or owed to the United States;

11
12

As to each Defendant, when that Defendant has paid all penalties

3.

As to each Defendant, the Defendant has certified compliance

pursuant to subparagraphs 1 and 2 above to the Court and all Parties; and

13

4.

EPA, within forty-five (45) days of receiving such certification from

14

a Defendant or Defendants, has not contested in writing that such compliance has

15

been achieved. If EPA disputes a Defendant’s full compliance, this Consent

16

Decree shall remain in effect pending resolution of the dispute by the Parties or

17

the Court, pursuant to section VI.

18

C.

19

The Tulalip Tribes may make a unilateral motion to the Court seeking to

terminate the Tulalip Tribes’ obligations under this Consent Decree after:

20

1.

The Tulalip Tribes has certified either its compliance with its

21

obligations under this Consent Decree or its inability to comply with such

22

obligations due to any Defendant’s failure to comply with this Consent Decree;

23

and

24
25

2.

EPA, within forty-five (45) days of receiving such certification from

the Tulalip Tribes, has not contested in writing that such compliance has been or

Consent Decree
No. 2:18-cv-00747-TSZ

22

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 23 of 227

1

cannot be achieved. If EPA disputes the Tulalip Tribes’ certification, this

2

Consent Decree shall remain in effect pending resolution of the dispute by the

3

Parties or the Court, pursuant to section VI.

4

IT IS SO ORDERED.

5

December
Dated and entered this _______ day of ____________, 2020.
8th

6

A

7

_______________________________________
THE HONORABLE THOMAS S. ZILLY
United States District Court Judge
Western District of Washington

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Consent Decree
No. 2:18-cv-00747-TSZ

23

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 24 of 227

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 25 of 227

1

The undersigned consents to the entry of this Consent Decree in United States v. Bobby

2

Wolford Trucking & Salvage, Inc., et al., subject to the public notice requirements of 28 C.F.R.

3

§ 50.7:

4
5

FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:

6
7
8

Date:

/

0

,... 1 }

,,-Z-o~

9
MARK POLLINS

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Division Director

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Water Enforcement Division

12

Office of Civil Enforcement

13

Office of Enforcement and Compliance Assurance

14

U.S. Environmental Protection Agency

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Consent Decree
No. 2:18-cv-00747-TSZ

25

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 26 of 227

The undersigned consents to the entry of this Consent Decree in United States v. Bobby
2

"
.,

Wolford Trucking & Salvage, Inc., et al., subject to the public notice requirements of 28 C.F.R.
§ 50.7:

4

FOR BOBBY WOLFORD TRUCKING &
SALVAGE, INC.:

s
6
7
8

:::/3�0
20

E

9

Governor
Bobby Wolford Trucking & Salvage, Inc.

10
11
12

October 14, 2020
DATE

13
14

CONNIE SUE M. MARTIN
Schwabe Williamson & Wyatt
U.S. Bank Centre
1420 Fifth Avenue, Suite 3400
Seattle, Washington 98101

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16
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18

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25

Consent Decree
No. 2:18-cv-00747-TSZ

26

Firefox

16

Tl1e t1ndersig11ed co11se11ts to the entry of' tl1is Cor1sent Decree in U11iterl States v. Bobb_,,
J11c., el nl.,

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 27 of 227

1

2

Mlo(forcl T1·11cki11g e,� .<;;c1lvage,

3

about:blank

§ 50.7:

st1bject to the pt1blic notice rec.1 t1ire111e11ts c>f 28 C.F.I{.

4
1:-oR KARL FREDERICK KLOC:K PACIFIC
BIS()N, LLC:

5
6

7

8

{0/l8/,g_�$0
DATE

9

DEREK KLOC'K
Ma11agi11g Me111ber
Karl Frederick Klock Pacific Bison, I�LC

10
11

12

10/19/20

DATE

13

14

JAMES A. TUPPER, JR.
'[tipper Mack \\ie)ls, J>LLC
2025 First Ave11t1e, S11ite 1100
Seattle. \Vasl1i11gto11 98121

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24

25
Co11se11t Decree
N<). 2: 18-cv-00747-·rsz

27 of 28

27

10/18/2020, 8:47 PM

DocuSign Envelope ID: E574B1D7-AD40-4A0A-895A-876756951864

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 28 of 227

10/14/2020

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 29 of 227

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 30 of 227

When Recorded Return to:

ENVIRONMENTAL COVENANT
Grantor:

Karl Frederick Klock Pacific Bison, LLC

Grantee/Holder: Karl Frederick Klock Pacific Bison, LLC
Legal Description (abbreviated):
 Complete legal on EXHIBIT A
Assessor’s Tax Parcel Identification No(s):

[PLACEHOLDER]
27071000100100, 27071000100200,
27071000100300, and parts of
27071000200100, 27070300300500,
and 27070300300300

Reference No. of Related Documents:
RECITALS
a. This instrument is an Environmental Covenant (“Covenant”) entered into by and between
by Karl Frederick Klock Pacific Bison, LLC as both “Grantor” and “Holder” pursuant to the
Uniform Environmental Covenants Act (“UECA”), Chapter 64.70 RCW.
b. This Covenant concerns real property (“Property”) located in Snohomish County, State of
Washington, legally described in Exhibit A, and illustrated in Exhibit B, both of which are
attached. If differences exist between these two Exhibits, the legal description in Exhibit A shall
prevail.
c. The Property is the subject of an environmental response project consisting of
environmental restoration to be conducted under the Clean Water Act, 33 U.S.C. § 1251 et seq.

Environmental Covenant

Page 1

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 31 of 227

d. The purpose of this Covenant is to restrict activities on and uses of the Property to protect
the environment, including waters of the United States and the integrity of restoration actions
conducted on the Property.
e. The United States and Karl Frederick Klock Pacific Bison, LLC (“KFKPB”), Bobby
Wolford Trucking & Salvage, Inc. (“BWT”), and the Tulalip Tribes entered into a Consent
Decree (“CD”) in the matter of United States of America v. Bobby Wolford Trucking & Salvage,
Inc. and Karl Frederick Klock Pacific Bison and Tulalip Tribes, Civil Action No. 2:18-cv00747-TSZ, in the United States District Court for Western District of Washington. Under the
CD, KFKPB agreed to transfer the Property to the Tulalip Tribes by quitclaim deed on the
condition that the Tulalip Tribes accepts the Property.
f. KFKPB agreed that it shall designate and preserve the Property as partial implementation
of the terms of the CD subject to the terms and restrictions described in this Covenant, as a
condition of settlement in the matter of United States v. Bobby Wolford Trucking, et al.
g. KFKPB desires to convey to itself as Holder this Covenant for the purpose of subjecting
the property to protective provisions, restrictions, and affirmative obligations set forth herein
(collectively “Activity and Use Limitations”) for the protection of wetlands and waters and other
environmental functions and values, and so that after the completion of restoration actions
required under any court order in United States v. Bobby Wolford Trucking, et al., the Property
shall remain substantially in a natural condition forever.
h. This Covenant grants the United States Environmental Protection Agency, Region 10
(“EPA”) certain rights under UECA and as specified in this Covenant. EPA signs this Covenant
as an “agency” as defined in UECA. Any right held by EPA as an “agency” under UECA and
this Covenant is not an interest in real property nor is it an ownership interest which gives rise to
liability under the Model Toxics Control Act (“MTCA”), chapter 70.105D RCW, or the
Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42
U.S.C. § 9601 et seq.
COVENANT
Section I.

GRANT OF COVENANT

KFKPB, as Grantor and fee simple owner of the Property, hereby grants to itself, and its
successors and assignees, as Holder, the following covenants. This Covenant shall be binding on
KFKPB and any successors in interest. It is the intent of the Grantor that such covenants shall
supersede any prior interests the Grantor has in the property, shall run with the land and shall be
binding on all current and future owners of the Property, any portion of the Property, or any
interest in the Property.

Environmental Covenant

Page 2

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 32 of 227

Section II.

PURPOSE OF THE COVENANT

The purpose of this Covenant is to preserve, protect, and maintain the Property, including
its air space and subsurface, in the condition substantially as it exists after the completion of
restoration actions performed as required by the CD, in accordance with the restoration plan
approved by a court (“Restoration Plan”), and as it naturally evolves thereafter with respect to
the special structure and distribution of plant communities, the age of vegetation, and use of
habitats by faunal species, without the requirement for human maintenance. Consistent with that
stated purpose, by acceptance and recordation of this Covenant, KFKPB and any successors in
interest are hereby restricted from using the Property, now or at any time in the future, for the
purposes specifically set out below.
Section III.

ACTIVITY AND USE LIMITATIONS ON THE PROPERTY

Any activity on or use of the Property by KFKPB, its successors in interest, subsequent
property owners, and the personal representatives, heirs, successors, and assigns of either KFKPB
or subsequent property owners, and any other occupiers and users other than activities or uses
permitted under Section IV that is inconsistent with the purposes of this Covenant is prohibited.
Without limiting the generality of the foregoing, and except when an activity approved by and
conducted in accordance with the Restoration Plan is necessary to accomplish restoration or
maintenance requirements, the following activities and uses are expressly prohibited in, on, over,
and under the Property:
A. Structures. The construction of man-made structures, including, but not limited to the
construction, removal, placement, preservation, maintenance, alteration, or decoration of any
buildings, roads, paths, utility lines (other than the existing Bonneville Power Administration
lines), billboards, or other advertising. This restriction does not include bat boxes, bird nesting
boxes, bird feeders, bee boxes, and the placement of signs or fences for safety purposes or
boundary demarcation. Temporary access roads for the purpose of restoration activities shall not
be prohibited uses. Temporary structures for traditional cultural uses and low impact foot paths
to reach such structures shall not be prohibited uses.
B. Demolition. The demolition of fencing structures constructed for the purpose of
demarcation of the Property for public safety.
C. Soils. Any activities that cause the removal, excavation, disturbance, or dredging of soil,
sand, peat, gravel, or aggregate material of any kind, or any change in the topography of the land,
including any discharges of dredged or fill material, ditching, extraction, drilling, driving of
piles, mining, or excavation of any kind, except as conducted as part of the Restoration Plan, , or
as permitted by the United States Army Corps of Engineers (“Corps”) for activities consistent
with the requirements of this Covenant.

Environmental Covenant

Page 3

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 33 of 227

D. Waters and Wetlands. Any human activities, other than those conducted in accordance
with the Restoration Plan, that cause the draining, dredging, damming, flooding, impounding,
changing the grade or elevation, impairing the flow or circulation, or reducing the reach of
waters, including wetlands.
E. Waste or Debris. The storage, dumping, depositing, abandoning, or discharging of
materials or debris of any nature on, in, over, or underground or into surface or groundwater,
except for storm water discharges that would naturally flow to the waters and wetlands in their
restored and enhanced conditions and any maintenance associated with those storm water
discharges. This prohibition does not apply to any materials or debris on the Property at the time
of the entry of the CD referenced above or the completion of restoration provided for the in CD.
F. Non-Native Species. The planting or active introduction of non-native plant or faunal
species.
G. Herbicides, Insecticides and Pesticides. The use of herbicides, insecticides, or
pesticides, or other chemicals, except as may be necessary to control invasive plant species that
threaten activities conducted under the Restoration Plan and the natural character of the Property.
State-approved municipal application programs necessary to protect the public health and
welfare shall not be prohibited uses under this provision.
H. Removal of Vegetation. The mowing, cutting, pruning, or active removal of any kind,
including disturbance, destruction, or the collection, of any trees, shrubs, or other vegetation,
except for pruning, cutting or removal for:
i. Safety purposes;
ii. Control in accordance with accepted forestry management practices for
diseased vegetation;
iii. Control of non-native species and noxious weeds;
iv.

Scientific or nature study; or

v. Collection of native species by the Tulalip Tribes for traditional cultural
uses.
I. Agricultural Activities. Use of any portion of the Property for agricultural,
horticultural, aquacultural, silvicultural, livestock production, or grazing activities, except that
crops planted in accordance with an existing lease of certain portions of the Property may
continue to be planted, cultivated and harvested to the extent that those activities do not delay or
otherwise interfere with implementation of the Restoration Plan.
J. Industrial, Commercial and/or Residential Activities. Conversion of or expansion
onto, any portion of the Property for industrial, commercial, or residential activities.
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K. Other. Other acts, uses, excavation, or discharges which adversely affect fish and other
faunal species habitat or interfere with the preservation of lands, waterways, or other aquatic
resources on the Property.
The Activity and Use Limitations imposed by the Covenant shall apply to the Property,
and any subdivided portion thereof, in perpetuity unless terminated by court order, or by consent
or other event specified by and pursuant to UECA. Each Activity and Use Limitation imposed by
the Covenant shall run with the land, shall pass with each and every portion of the Property, and
shall apply to and bind all successors in interest, and their lessees, authorized agents, employees,
or persons acting under their direction or control. The Activity and Use Limitations contained in
this Covenant do not apply to, nor have any effect on, any property owned by KFKPB other than
the Property described in this Covenant.
IV.

PERMITTED USES

Notwithstanding the foregoing, this Covenant shall not apply to any use or activity
associated with any work on the Property required by the Restoration Plan, including construction,
planting, maintenance, monitoring, long-term management, or any other restoration work specified
therein.
Notwithstanding the foregoing, this Covenant shall not apply to any interest, right-of-way,
easements, or other property rights for the operation and maintenance of pre-existing structures or
infrastructure such as buildings and utilities that are present on, over, or under the Property senior
to the interest of KFKPB in the property. or established prior to the recording date of this Covenant.
Notwithstanding the foregoing, the Activity and Use Limitations contained in this
Covenant will not apply to, nor have any effect on, any treaty rights, including any treaty rights of
the Tulalip Tribes, including tribal member access for gathering, hunting, fishing, cultural
ceremonies and temporary camps.
V.

RIGHT OF INSPECTION AND ACCESS TO THE PROPERTY

EPA shall have the right to enter, go upon, and inspect the Property, and to take such
actions as are reasonably necessary to monitor and verify compliance with this Covenant one
time per year, and at other times if EPA provides prior reasonable notice of additional
inspections. Except in the event of an emergency or if EPA has reasonable evidence that a
violation of this Covenant is or has occurred, such entry shall be upon prior reasonable notice to
the property owner.
VII.

BREACH AND CURE OF ACTIVITY AND USE LIMITATIONS

If KFKPB, or its successors in interest, become aware of any event or action that
constitutes or may constitute a breach of the Activity and Use Limitations, KFKPB, or its
successors in interest, shall notify EPA within thirty (30) days of becoming aware of the event or
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action, and KFKPB, or its successors in interest, shall remedy any breach of the Activity and Use
Limitations within sixty (60) days of becoming aware of the event or action, or such other time
as may be reasonable to remedy the breach, or as agreed to by KFKPB, or its successors in
interest, and EPA.
VIII. ENFORCEMENT
KFKPB, and its successors in interest; EPA or its successor; the State of Washington
Department of Ecology (“Ecology”); any person whose interest in the Property or whose
collateral or liability may be affected by the alleged violation of the Covenant; and any
municipality or other unit of local government in which the Property is located shall have
authority to enforce this Covenant by maintaining a civil action for injunctive or other equitable
relief against any person or entity that violates or attempts to violate this Covenant, including the
owners of the Property and any other person in possession of or using the Property, provided that
no violation of this Covenant shall result in a forfeiture or reversion of title. In any enforcement
action, EPA or any holder or other enforcing party shall be entitled to a complete restoration for
any violation. The Covenant may not be enforced against KFKPB as to violations of the
Covenant committed by a third party, EPA or another state or federal agency.
Notwithstanding its rights under this Covenant, EPA shall be entitled to any other judicial
remedy available at law, such as civil or criminal penalties. EPA’s rights under this Covenant are
in addition to, and shall not limit, enforcement rights available under other provisions of law,
under any applicable permit or certification, or under the any court order. Nothing herein shall
limit the right of the Corps to modify, suspend, or revoke any applicable permit.
No omissions or delay on the part of EPA or any holder or other enforcing party at any
time in acting to require performance of any term of this Covenant shall be taken or held to be a
waiver of such term or in any way affect the rights of EPA or any holder or enforcing party to
enforce such term.

VIV. RESERVATION OF RIGHTS
Notwithstanding any provision of this Covenant, EPA retains all access and enforcement
authorities under any applicable statute or rule. Nothing in this Covenant shall affect the ability
of EPA to enforce the terms of any Consent Decree or any other agreement relating to the
restoration of the Property entered into by EPA and KFKPB or any other party. Nothing in this
Covenant shall affect the obligations of KFKPB or any other responsible party under such
Consent Decrees or any other agreement relating to the Property.
X.

RECORDATION OF THE COVENANT AND COPIES

Environmental Covenant

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KFKPB shall record this Covenant in the county recorder’s office of Snohomish County
in which the Property is located within sixty (60) days of executing this Covenant. KFKPB shall
provide EPA with proof of recordation within thirty (30) days of recordation.
KFKPB, or its successors in interest, shall record any amendment or termination of this
Covenant in the county recorder’s office of Snohomish County in which the Property is located
within sixty (60) days of executing such an amendment or termination. KFKPB, or its successors
in interest, shall provide EPA with proof of recordation within thirty (30) days of the recordation.
In addition, KFKPB, or its successors in interest, shall provide a copy of the recorded
Covenant and any recorded amendment or termination of this Covenant to the following: (a)
each person identified in Exhibit C or later identified as holding a recorded interest in the
Property; (b) each person in possession of the Property at the time the Covenant, amendment, or
termination is recorded; (c) Snohomish County; and (d) Ecology. Neither EPA nor Ecology has
required notice to any other party. The validity of this Covenant is not affected by failure to
provide a copy of the Covenant as required under this section.
XI.

MODIFICATION

Modifications, changes, or alterations to the provisions in this Covenant must be by
amendment to this Covenant made in writing and executed by KFKPB, or its successor in
interest, and EPA. Any amendment to this Covenant by consent of KFKPB, or its successor in
interest, and EPA must be consistent with the CD, the Restoration Plan, and the conservation
purposes of this Covenant. Except for an assignment undertaken pursuant to a governmental
reorganization, assignment of this Covenant to a new holder is an amendment and requires
consent of KFKPB, or its successor in interest, and EPA.
XII.

TERMINATION

This Covenant and the Activity and Use Limitations contained therein is perpetual unless
EPA determines that the intended benefits of the Covenant can no longer be realized and it is so
ordered by a court, or by consent of KFKPB, or its successor in interest, and EPA.
All costs of terminating this Covenant, including the cost of any remediation or
abatement of any environmental condition related to the Activity and Use Limitations pertaining
to the Property, shall be borne by the party seeking such termination.
XIII. NOTICE OF AND CONVEYANCE OF THE PROPERTY
KFKPB or any successor in interest shall provide written notice to EPA in which the
Property is located, including the name and address of all then-owners and/or occupants of the
Property, or any part thereof at least thirty (30) days prior to the transfer of a specified interest in
the Property or any part thereof. Any successor in interest to KFKPB shall incorporate the terms
of this Covenant in any deed or other legal instrument that transfers any interest in all or a
portion of the Property. Interests subject to this Covenant include, but are not limited to, changes
Environmental Covenant

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in use of the Property, application for building permits located within the Property, or proposals
for any site work within the Property other than pursuant to the Restoration Plan. EPA shall not,
by reason of this Covenant, have the ability to approve, disapprove, or otherwise affect the
conveyance of the Property except as provided by law. This condition shall not apply to any
conveyance by KFKPB to the Tulalip Tribe under a quit claim deed provided for in the CD.
XIV. CONCURRENCE OF SUBSEQUENT OWNERS PRESUMED
All subsequent transferees, purchasers, lessees, or possessors of the Property shall be
deemed by their acceptance of title, purchase, leasing, or possession of the Property to be in
accord with the provisions of this Covenant and to agree for and among themselves, and their
successors in interest, that the Activity and Use Limitations established herein must be adhered
to and that their interest in the Property shall be subject to the such Activity and Use Limitations.
Any and all obligations of KFKPB under this Covenant shall terminate upon recordation of the
conveyance by KFKFB to the Tulalip Tribe under a quit claim deed provided for in the CD.
XV.

NOTICES

All notices required or permitted to be given hereunder shall be in writing and mailed in
the United States Mail, postage prepaid, by certified or registered mail, return receipt requested,
to the appropriate address indicated below or at such other place or places as KFKPB, or its
successors-in interest, EPA or its successors-in-interest, may, from time to time designate in a
written notice provided to the other. Notices deposited in the United States Mail in accordance
with the terms of this provision shall be deemed received three (3) days after the date of mailing.
OWNER/HOLDER: Karl Frederick Klock Pacific Bison, LLC
____________________
EPA:

United States Environmental Protection Agency, Region 10
Attn: Krista Rave-Perkins, Wetland Enforcement Specialist
1200 Sixth Avenue, Suite 155, M/S 20-C04
Seattle, Washington 98101

XVI. PARTIAL INVALIDITY AND SEVERABILITY
If any portion of this Covenant, terms set forth therein, or the application thereof to any
person or circumstance is determined to be invalid for any reason, the remaining provisions of
this Covenant, or application of such provision to persons or circumstances other than those as to
which it has been found invalid shall remain in full force and effect as if such invalidated portion
had not been included therein.
EFFECTIVE DATE
The effective date of this instrument shall be the date the fully executed Covenant is recorded at
the county recorder’s office.
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EXECUTED as of the date the last party executes.
GRANTOR:
Karl Frederick Klock Pacific Bison, LLC

GRANTEE/HOLDER:
Karl Frederick Klock Pacific Bison, LLC

By:
Name:

By:
Name:

AGENCY:
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY, REGION 10
By:
Name:

STATE OF WASHINGTON

}

ss.

COUNTY OF
I certify that I know or have satisfactory evidence that ______________________ is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the ________________________ of Karl Frederick Klock Pacific Bison,
LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
DATED this _____ day of ___________ , 2020.

Printed Name
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires
4837-0044-0265, v. 1

Environmental Covenant

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Klock Property Ecosystem Restoration Basis of Design
Prepared for submission to the Court as an appendix to the Consent Decree in United States
v. Bobby Wolford Trucking & Salvage, Inc. and Karl Frederick Klock Pacific Bison, LLC, No.
2:18-cv-747-TSZ (W.D. Wash.)

Prepared by –
Lyndon C. Lee, Ph.D. PWS
L.C. Lee & Associates, Inc.
Paul DeVries, Ph.D. PE
R2 Resource Consultants
Brett Shattuck
Restoration Ecologist
Tulalip Tribes

June 22, 2020

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Table of Contents
1.

Introduction and Objectives..................................................................................................... 1

2.

Background .............................................................................................................................. 1

3.

Overview of the Klock Property Ecosystem Restoration Goals.............................................. 2

4.

Construction Approach ............................................................................................................ 4
A. Permitting, Staffing, Workforce............................................................................................. 4
B. Timing .................................................................................................................................... 4
C. Staging Areas and Equipment Access Routes........................................................................ 4
D. Sediment and Erosion Control Systems ................................................................................. 4
E. Species and Habitat Protections ............................................................................................. 5

5.

Hydrologic Records and Calculations ..................................................................................... 5
A. Skykomish River – Summary of Early Anchor QEA Analyses ............................................ 5
B. Anchor QEA Characterization of the Southeastern Unnamed Tributary Stream .................. 6
C. Flood Modeling for the 2020 Klock Property Ecosystem Restoration Basis of Design ........ 7

6.

Design Criteria and Performance Standards ............................................................................ 7
A. Task 0 – Permitting (Task Lead is BWT) .............................................................................. 7
B. Task 1 – Main Oxbow Restoration (Task Lead is BWT) ...................................................... 8
C. Task 2.1 – Central Pit Access Road (Task Lead is BWT) ................................................... 12
D. Task 2.2 Central Pit Cleanup (Task Lead is BWT) ............................................................. 14
E. Task 3 – North South Access Road (Task Lead is BWT) .................................................... 15
F. Task 4 – Tributary Stream Daylighting and Restoration (Task Lead is BWT) .................... 19
G. Task 5 – Hay Bale Removal- Southwest Corner of Main Oxbow (Task Lead is BWT) ..... 20
H. Task 6 – Northeast Corner of the Klock Property in the River Channel (Task Lead is BWT)
................................................................................................................................................... 20
I. Task 7 – Purchase Plants, Plant Installations, Irrigation, and Weed Control ........................ 21
J. Task 8.0 – Construction Oversight ........................................................................................ 23

7.

Construction Schedule and Sequencing ................................................................................ 25

8.

Monitoring/Adaptive Management/Contingency Measures ................................................. 25

9.

Reporting ............................................................................................................................... 26

10.

Appendices ......................................................................................................................... 27

Appendix 1 - List of Abbreviations Used in This Basis of Design Report............................... 27
Appendix 2. Construction Plan Sheets and Specifications ....................................................... 28
Appendix 3. Flood Modeling for the Klock Property Restoration Basis of Design ................. 29
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Appendix 4. No Rise Calculations Technical Memorandum ................................................... 36
11.

Background ........................................................................................................................ 36

12.

Hydrology .......................................................................................................................... 38

13.

Hydraulic Modeling Methods ............................................................................................ 40

14.

Modeling Predictions and Interpretation ........................................................................... 42

15.

References .......................................................................................................................... 43

List of Tables
Table 1 - LiDAR Gage Comparison, U.S. Geological survey (USGS) Gage 12150800 on the
Snohomish River
Table 2 - Peak Flow Design Hydrology for the Unnamed Tributary Stream in the Southeastern
Corner of the Klock Property
Table 3 - Restoration Tasks on Klock Property Assuming Execution of Environmental Covenant
Table 4 - Task by Task Summary of Project Targets, Project Standards, Measurement Methods,
Success Criteria and Contingency Measures for the Klock Property Restoration, Snohomish
County, Washington
Table 5 - Table of Potentially Required Permits for the Klock Property Restoration
Table 6 - Candidate Planting List Assemblages
Table 7 - Planting Assemblage A
Table 8 - Planting Assemblage B
Table 9 - Planting Assemblage C
Table 10 - Planting Assemblage D
Table 11 - Planting Assemblage E
Table 12 - Planting Phases Year 1, Year 2
Table 13 - Plant Takeoff 1C
Table 14 - Plant Takeoff 2C
Table 15 - Plant Takeoff 3C

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Table 16 - Plant Takeoff 4E
Table 17 - Plant Takeoff 5C
Table 18 - Plant Takeoff 6C
Table 19 - Plant Takeoff 7E
Table 20 - Plant Takeoff 8C
Table 21 - Plant Takeoff 8D
Table 22 - Plant Takeoff 9B
Table 23 - Plant Takeoff 9C
Table 24 - Plant Takeoff 10C
Table 25 - Plant Takeoff 10E
Table 26 - Plant Takeoff 11C
Table 27 - Plant Takeoff 11D
Table 28 - Plant Takeoff 12E
Table 29 - Plant Takeoff 13C
Table 30 - Plant Takeoff 13D
Table 31 - Plant Takeoff 14A
List of Figures
Figure 1. General vicinity map for the Klock Property, east of the City of Monroe in
unincorporated Snohomish County, Washington.
Figure 2. Close up - Approximate extent of the Klock Ownership with approximate tax parcel
boundaries.
Figure 3. Restoration Work Areas on the Klock Property, Snohomish County, WA – LiDAR
Base
Figure 3A - LiDAR Base
Figure 3B - Aerial Photograph Base

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Figure 4. 2003 Shaded relief Light Detection and Ranging (LiDAR) image of the Klock Property
- eastern half including the main oxbow waters/wetland complex.
Figure 5. 2014 Grey scale Light Detection and Ranging (LiDAR) Image of the Eastern portion of
the Klock Property showing the main oxbow system and its relationship to the main channel of
the Skykomish River.
Figure 6. River Gauge Comparison During 2003 and 2014 LiDAR Flights. Monroe USGS
Gauge.
Figure 7. StreamStats Peak Flow Hydrology summary for the unnamed stream in the southeast
corner of the Klock Property.
Figure 8. Water depths in the main oxbow system on the Klock Property over the estimated
historical terrain from 2003 LiDAR (Prior to Klock/Wolford Operations).
Figure 9. Water depths in the main oxbow system on the Klock Property over the existing terrain
from 2014 LiDAR (Post Klock/Wolford Operations).
Figure 10. Restoration work Areas on the Klock Property, Snohomish County, WA – Ortho
Photograph Base.
Figure 10A - Ortho Photo Base
Figure 10B - LiDAR Base

List of Photographs
Photograph 1. 2010 Google Earth Image of the eastern portion of the Klock Property. Note
filling and earthwork activity in the northern portion of the property and in the Central Disposal
Pit, and along the Powerline Access Road.
Photograph 2. EPA/CID, March 2010 Photograph of the main oxbow system and Central
Disposal Pit area on the Klock Property.
Photograph 3. EPA/CID, March 2010 photograph of mechanical clearing and filling and
earthwork activities in the downstream (outlet) end of the main oxbow feature on the Klock
Property.
Photograph 4. EPA/CID, March 2010 photograph of mechanical clearing and filling and
earthwork activities in the downstream (outlet) end of the main oxbow feature on the Klock
Property.
Photograph 5. EPA/CID, March 2010 photograph of the main ranch complex and access road to
the Central Disposal Pit area on the Klock Property.

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Photograph 6. EPA/CID, March 2010 photograph of the main ranch complex, main oxbow,
access road to the Central Disposal Pit area on the Klock Property.
Photograph 7. December 19, 2011 – EPA photograph of the main ranch complex on the Klock
Property and earthwork activities in the SE Tributary Stream System north of Ben Howard Road
and immediately east of the Klock barn.
Appendices
Appendix 1. List of Abbreviations Used in this Basis of Design Report
Appendix 2. Construction Plans, Including Planting Plans and Planting Take-Offs
Appendix 3. Hydraulic Modeling for the 2020 Klock Property Ecosystem Restoration Basis of
Design
Appendix 4. Evaluation of Proposed Floodplain Restoration Activities on 100-year Flood Peak
Water Surface Elevation

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1.

Introduction and Objectives

This Basis of Design (BOD) report focuses on restoration of the structure and functioning of
waters of the United States, including wetland ecosystems (waters/wetlands) on a portion of the
Klock Property. This property consists of an approximately 187.9-acre area within the overall
Klock holdings. It is located east of the City of Monroe along the south bank (river left) of the
Skykomish River in unincorporated Snohomish County, Washington (Figures 1 and 2;
Photographs 1 and 2). The latitude/longitude coordinates for the approximate centroid of the
Klock Property are 47o 50’ 54.86” N/121o 53’ 37.22” W. Ben Howard Road forms the south
boundary of the Klock Property. The property is located within Section 10, Township 27 North,
Range, 7 East. It is comprised of Snohomish County Tax Parcel Nos. 27071000100100,
27071000100300, and 27071000100200 and parts of 27070300300300, 27070300300500,
27071000200100. These latter three tax parcels will be the subject of a lot line adjustment.
The two main objectives of this BOD are to (1) Describe and specify appropriate measures to mitigate impacts of stream re-routing,
mechanical clearing, filling, and earthwork activities within the riverine waters/wetlands
that occur on the Klock Property with the goal of restoring natural riverine
waters/wetland ecosystem structure and functioning.
(2) Provide Design Criteria and Performance Standards including grading, sediment and
erosion control, and planting plans, work sequencing, Project Targets, and Project
Standards and other materials that will be necessary to successfully execute restoration
measures on the Klock Property.

2.

Background

The Klock Property is owned by Karl Frederick Klock Pacific Bison, LLC. The restoration
measures that are the focus of this BOD are part of a negotiated settlement between Karl
Frederick Klock Pacific Bison, LLC (Klock), Bobby Wolford Trucking & Salvage, Inc. (BWT),
and the U.S. Environmental Protection Agency (EPA) resolving alleged violations of the Clean
Water Act. This BOD incorporates and builds upon past work by Anchor QEA completed in
August of 2017. It uses elements of the Anchor BOD combined with new work to refine the
restoration approach to tailor it to the current settlement agreement.
The Klock Property is the main focus of this BOD because this is the area where stream
rerouting, mechanical clearing, filling, and earthwork activities were undertaken by Klock and
BWT (Figure 2; Photographs 1, 2, 3, 4, 5, 6, 7). The Klock Property includes a large generally
“U” shaped secondary river channel or Main “Oxbow” system that has been part of the active
floodplain and channel system of the Skykomish River since at least 1938. Depending on the
water surface elevation or “stage” of frequently occurring (2-5 year recurrence interval events)
flood events or floodwaters, this Main Oxbow system is be directly and regularly connected to
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the Skykomish River at both its upstream and downstream ends during moderate to high water
events in the main channel of the Skykomish River (Photographs 1, 2, 3, 4, and 6).
The eastern portions of the Main Oxbow system include a complex network of small secondary
and tertiary channels that are embedded within it and which are regularly inundated by and
connected to flood flows from the main channel of the Skykomish River. In addition, a perennial
tributary stream enters the southeastern portion of the Klock Property via a culvert that was
installed by Snohomish County through the ballast/fill prism of Ben Howard Road. The tributary
then flows generally west on the Klock Property in an excavated ditch/swale system that was
developed by Klock to direct stream flow to the west. The ditch/swale system runs generally
parallel to Ben Howard road until it reaches a culvert that was installed by Klock (Photographs 6
and 7). The stream then flows north for approximately 500 ft. until it intersects and flows into the
Main Oxbow channel (Figure 3 – Areas 4.1.1 and 4.1.2). The area that includes the junction of
the Main Oxbow system and the southeastern tributary stream is dominated by a mosaic of
relatively degraded third or fourth growth forested, scrub/shrub, and emergent waters/wetlands.
This mosaic also includes seasonal ponds and shallow open water features that flow when they
are connected to the main channel of the Skykomish River and exist as residual ponded features
when water levels recede. Some agricultural and Christmas tree production areas are also
included in the Klock Property (Figures 2 and 3).

3.

Overview of the Klock Property Ecosystem Restoration Goals

A. Overall Goal - The overall goal of recommended work on the Klock Property is to restore
natural riverine waters/wetland ecosystem structure and functioning within the project area.
B. Secondary Goals - In order to accomplish the Overall Goal of the restoration we have
articulated several secondary goals as follows:
1. Reconnect the Main Oxbow to the main channel of the Skykomish River by excavating
the Main Oxbow outlet fill and redistributing clean fill on site and excavating the Main
Oxbow reconnection channel through the fill removal area and redistributing clean fill
materials on-site. (Work areas 1.1, 1.2 and 1.1.2 in Figure 3)
2. Connect the existing secondary and tertiary channel network that exists within the
northeast section of the Main Oxbow system to the main channel of the Skykomish River
by excavating a channel north of the North/South access road and redistributing clean fill
materials on-site. (Work areas 1.1,1.2, and 1.1.2 in Figure 3)
3. Clean up the Central Disposal Pit area by:
a. Excavating the south end of Central Pit access road and redistributing clean fill
materials on-site (Work area 2.1.1 in Figure 3)

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b. Excavating the North end of pit access road and redistributing clean fill
materials on-site. (Work area 2.1.2 in Figure 3)
c. Cleaning up the Central Pit area as necessary to satisfy Federal, Washington
State, and Snohomish County requirements. (Work area 2.2 in Figure 3)
4. Complete bulk and fine grading and site clean-up work to support establishment of a
forested plant community. (Work area 2.2 in Figure 3)
5. Maintain access and maintenance vehicle circulation on the site by creating
a. An at-grade crossing at north end of north-south access road. (Work area 3.1.1
in Figure 3)
b. An at-grade crossing in middle of north-south access road. (Work Area 3.1.2 in
Figure 3)
6. Reestablish waters/wetland conditions at several sites within the Main Oxbow complex
by removing fill at stations 57+00; 65+00 & 68+00 at the south end of the north-south
access road, and by redistributing clean fill materials on site (Work areas 3.1.1, 3.1.2, and
3.1.3 in Figure 3)
7. Restore the small tributary stream that enters the southeastern portion of the Klock
property by removing the stream from the existing culvert and routing it through a newly
excavated tributary channel system. This restored stream will have a riparian buffer that
is 50 ft. in width on the left and right channel banks. The 50-ft. width will be measured
from the left and right channel bank ordinary high water marks. During the process of
excavating the new channel, the existing pipe/culvert will be destroyed and abandoned or
removed and disposed and clean fill materials from the newly excavated channel will be
redistributed on site. (Work area 4.1.1 and 4.1.2)
8. Clean up the western side of the Main Oxbow system by removing all plastic hay bales
from the SW Corner of the Main Oxbow and by hauling off and disposing of these
materials off site. (Work area 5.1 in Figure 3)
9. Remove unauthorized fill materials from the main channel of the Skykomish River at
low water by removing concrete blocks and solid/non-granular materialsin the river
channel and along the river bank at the NE corner of the site. These materials will be
hauled off site and disposed. (Work area 6.1 in Figure 3)
10. Establish a mosaic of forested, scrub/shrub, and emergent native plant communities
throughout the project area by a. Purchasing and propagating bare root conifers, and on-site cuttings/live stakes
of native willows, black cottonwoods, and native shrubs
b. Installing native plants as specified, and
c. Completing necessary weed control and if, necessary, temporary irrigation
measures that will allow restoration plantings to become established and thrive.
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4.

Construction Approach

A. Permitting, Staffing, Workforce: The construction approach to the Klock Property
restoration will involve obtaining necessary U.S. Federal, Washington State, and Snohomish
County permits. It will include bulk and finish earthwork, site cleanup, site
stabilization/sediment and erosion controls, procurement, propagation and planting of native
species, weed controls, and if necessary, temporary irrigation. Consistent with the terms and
conditions of the Consent Decree, BWT will be responsible for permitting, earthwork, site
cleanup, initial site stabilization/sediment and erosion controls, and procurement or propagation
of native plants. The Tulalip Tribes will perform Construction Oversight, planting operations,
weed control, and if necessary, irrigation.
In the process of executing this restoration project, grading and earthwork areas need to be
initially graded in bulk and any required cleanup of unsuitable materials should be completed.
These activities will be the responsibility of BWT. Then, achievement of finish grades suitable
for restoration plantings and development of faunal habitat complexity should be directed by a
qualified wetland scientist/ecologist who is a member of the Construction Oversight Team
(COT). “Finish” grades can include lofting of any compacted soils via two-way discing or
shallow tillage to break up soil compaction and increase aeration porosity in the upper parts of
soil profiles.
B. Timing - Restoration activities are designed and presented in this BOD with the assumptions
that construction/earthwork will take place during the dry season of the year in which all
necessary permits are obtained. Although conditions in any given year vary, the dry construction
season in the Puget Sound lowlands usually spans the interval from July 1 - September 30 in any
given year. This BOD also assumes that any in-water work will occur during “fish windows”
specified by the Washington State Department of Fish and Wildlife. EPA shall be notified a
minimum of ten days in advance of the commencement of any construction/earthwork on the
Klock Property.
C. Staging Areas and Equipment Access Routes - Restoration activities at the Klock Property
will involve commissioning and decommissioning of staging areas and access roads
(nonpermanent features not identified in the final design) and may include seeding of areas
disturbed by construction activity, where appropriate. Any native vegetation removed during
construction will be bucked and neatly scattered along the access routes within the site limits.
Nonnative and invasive vegetation will be hauled off site, composted, buried, or burned
consistent with the requirements of fire season burn bans. Staging areas will be returned to
preconstruction grades and stabilized with appropriate erosion and sediment control “Best
Management Practices” (BMPs). Restoration and erosion and sediment control BMPs may be
necessary along the heavy equipment access routes.
D. Sediment and Erosion Control Systems - As introduced above, construction activities will
occur during dry periods in the summer and early fall months. Standard construction BMPs will
be used to prevent water turbidity, erosion, and sedimentation. Washington State Department of
Transportation standard sediment and erosion control BMP’s are offered at:
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https://wsdot.wa.gov/Design/Standards/default.htm#StandardPlans
In addition, Appendix 2 (Construction Plans, Sheet C-20) of this BOD report offers
standard/typical drawings for revegetation measures.
These BMPs include but are not limited to various types of sediment fencing, energy dissipation
structures, coverage of stockpiles, use of pump/biobag systems, placement of organic matter, and
hand or hydro seeding techniques for exposed soils with specified native upland, wetland, or
riparian seed mixes.
BWT shall be prepared to deal with potential river and stream runoff and wet conditions within
specified construction intervals and in intervening periods when the site is too wet to work.
After bulk and finish grade earthwork and contouring is completed, graded areas will be seeded
with an appropriate native seed mix. Upland graded areas that are relatively well drained will be
seeded with a native upland seed mix. Graded areas that are somewhat poorly drained, poorly
drained, and/or wetland will be seeded with a wetland seed mix. Seeding shall occur between
March 15 and September 15 and may include the application of an approved fertilizer, seed, and
mulch purchased by BWT.
E. Species and Habitat Protections - BWT is responsible for all necessary species and habitat
protection measures per U.S. Federal, Washington State, and Snohomish County permit and
regulatory requirements. As introduced above in this section, construction activities will occur
during dry periods in the summer and early fall months. Any in-water work will occur within
specified “fish windows” identified by the State of Washington Department of Fish and Wildlife.
Water diversion and fish removal and exclusion measures will be conducted in association with
any in-water work and permit requirements. Care will be taken to ensure that (a) no
waters/wetland areas are disturbed in the process of establishing site access, and (b) established
native vegetation will be maintained as much as possible. Erosion and sedimentation BMPs will
be used to prevent harm to faunal species and their habitats due to the occurrence of conditions
such as water turbidity, high energy water flows, erosion, and sedimentation.

5.

Hydrologic Records and Calculations

A. Skykomish River – Summary of Early Anchor QEA Analyses
The Skykomish River is the primary source of surface water to the Klock property during flood
events. A gage analysis was performed by Anchor QEA (August, 2017) to characterize flow
conditions when Light Detection and Ranging (LiDAR) was flown on November 7 and 8, 2003,
and additionally on April 7, 2014 (Figures 3 and 4). The Anchor QEA analysis was performed in
an effort to understand differences between the 2003 and 2014 LiDAR sets and to approximate
an ordinary high water elevation for restoration planning and permitting purposes.
The Anchor QEA hydrologic analysis was performed using daily flow data from U.S. Geological
Survey (USGS) gage 12150800, Snohomish River near Monroe, Washington. This gage is
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located ten river miles downstream of the Klock Property at the Highway 522 bridge and best
represents flow conditions on the site because it is the gage with the closest proximity to the
Klock Property. Mean daily discharge and flow stage data were compiled for the days LiDAR
data were collected to compare flow conditions in the Skykomish River and determine if
differences in elevation could be attributed to standing water on the site (Table 1 and Figure 5).
Annual peak flow data were also ranked for 53 years of record to determine the magnitude of
flow events that may cause minor flooding outside of the Main Oxbow channel. The 2014
LiDAR data set was identified as having been flown on the rising limb of the flow hydrograph.
At the time of the flight, water levels were still well below a 2 or 3-year events. This means that
some minor differences in water surface elevations are to be expected in the Main Oxbow
channel. However, significant differences in water surface elevations outside the Main Oxbow
channel represent post-2003 earthwork and site modifications on the Klock Property. Figure 7
shows water depths in the main oxbow system on the Klock Property over the estimated
historical terrain from 2003 LiDAR (Prior to Klock/BWT Operations). The water depth plot is
for a recurrence interval flooding event of approximately 2 years. River discharge volume (Q) =
47,000 cubic feet per second (cfs) at the Klock Property, 1-D and 2-D modeling results of OHW.
Figure 8 shows water depths in the main oxbow system on the Klock Property over the existing
terrain from 2014 LiDAR (Post Klock/BWT Operations). The water depth plot is for a
recurrence interval flooding event of approximately 2 years. River discharge volume (Q) =
47,000 cfs at the Klock Property, 2-D modeling results of OHW.

B. Anchor QEA Characterization of the Southeastern Unnamed Tributary Stream
In August of 2017, Anchor QEA examined peak flow hydrology in the unnamed stream system
that flows into the Klock Property through a culvert installed under Ben Howard Road at the
southeast corner of the Klock Property. Flow in this stream system was estimated using
regression equations for streams in Washington Hydrologic Region 2 (Knowles and Sumioka
2001; Sumioka et al. 1998) and the online StreamStats program for Washington (USGS 2012).
The regression equations estimate peak flows for specified return periods including the 25-year
and 100-year events (Figure 6). The values were used in the assessment and sizing of culverts
and at-grade crossings are shown in Table 2.

C. Flood Modeling for the 2020 Klock Property Ecosystem Restoration Basis of Design
In developing this BOD, we considered the June 2017 Anchor QEA hydrologic data summarized
immediately above and combined these data with our field observations of reference conditions
on the Klock Property and additional hydrologic analyses. Appendix 3 presents the technical
basis of hydraulic modeling used in developing and assessment of proposed earthwork actions
for the Klock Property Ecosystem Restoration BOD. Appendix 4 provides an “Evaluation of
Effects of Proposed Floodplain Restoration Activities on 100-year Flood Peak Water Surface
Elevation.” In general, the reference conditions that do exist on the Klock Property appear to be
“oversized.” In other words, reference channel cross sectional and longitudinal geometries are
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generally large enough to accept frequently occurring flows from the Skykomish River main
channel system. Recognizing that the Skykomish River is a large and powerful system, our
design approach in this BOD allows for a natural evolution of the preliminary Main Oxbow and
channel cuts required by this BOD. This evolution will be driven in timing and scope by natural
river processes that occur during frequently occurring and large flood events within the
Skykomish River.

6.

Design Criteria and Performance Standards

Table 3 lists restoration tasks on the Klock Property assuming execution of an environmental
covenant that is part of the negotiated settlement. Figures 9 and 10 show the Klock Property task
work areas listed in Table 3 on a LiDAR map base (Figure 9) and an Orthophoto Map base
(Figure 10). The work area numbers in Figures 9 and 10 are registered to Table 3 tasks. Below,
each restoration task is introduced, a Task Lead is assigned, and the work necessary to complete
the task is discussed, specified, and if appropriate, keyed to the construction drawings in
Appendix 2. In addition, performance standards in the form of Project Targets and Project
Standards are specified for each task and summarized for all tasks in Table 4.
A. Task 0 – Permitting (Task Lead is BWT)
1. This BOD was developed to support required Federal, Washington State, and Snohomish
County permitting for the Klock Property restoration (Table 5 lists potential required permits).
Consistent with conditions in the Consent Decree for this case, all permitting, including the cost
to obtain necessary permits, and compliance with all permit conditions is the responsibility of
BWT.
2. Performance Standards:
Project Target = Obtain all necessary Federal, Washington State and Snohomish County permits
Project Standard = All necessary permits obtained prior to commencement of work

B. Task 1 – Main Oxbow Restoration (Task Lead is BWT)
1.1 Excavate the Main Oxbow outlet floodplain fill & redistribute clean fill on site.
a. Sediment and Erosion Control Systems
1. Construction activities will occur during dry periods in the summer and early
fall months.

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2. Standard construction BMPs will be used to prevent water turbidity, erosion,
and sedimentation. Washington State Department of Transportation standard
sediment and erosion control BMP’s are offered at:
https://wsdot.wa.gov/publications/fulltext/Standards/english/PDF/h10.1000_e.pdf
https://wsdot.wa.gov/publications/fulltext/Standards/english/PDF/h10.1500_e.pdf
In addition, Appendix 2 (Construction Plans, Sheet tC-20) for this BOD report
offers standard/typical drawings for some sediment and erosion control measures.
These BMPs include but are not limited to various types of sediment fencing,
energy dissipation structures, coverage of stockpiles, distribution of organic
material, use of pump/biobag systems, and hand or hydro seeding of exposed soils
with specified upland, wetland or riparian native seed mixes.
3. BWT will be prepared to deal with potential river and stream runoff and wet
conditions within specified construction intervals and during intervening periods
when the site is too wet to work.
4. After bulk and finish grade earthwork and contouring is completed, graded
areas will be hand or hydro seeded with an appropriate native upland, wetland, or
riparian seed mix Tables 22, 23, 24, and 25.
5. Seeding shall occur between March 15 and September 15 and may include the
application of an approved fertilizer, seed, and mulch.
b. Species/Habitat Protections
1. BWT is responsible for all necessary species and habitat protection measures
per U.S. Federal, Washington State, and Snohomish County permit and regulatory
requirements.
2. Construction activities will occur during dry periods in the summer and early
fall months. Although conditions in any given year vary, the dry construction
season in the Puget Sound lowlands usually spans the interval from July 1September 30 in any given year.
3. Any in-water work will occur within specified “fish windows” identified by the
State of Washington Department of Fish and Wildlife.
4. Water diversion and fish removal and exclusion measures will be conducted in
association with any in-water work and permit requirements.

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5. Care will be taken to ensure that (a) no waters/wetland areas are disturbed in
the process of establishing site access, and (b) established native vegetation will
be maintained as much as possible.
6. Erosion and sedimentation BMPs as described immediately above will be used
to prevent harm to faunal species and their habitats due to the possible occurrence
of conditions such as water turbidity, high energy water flows, erosion, and
sedimentation.
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) The goal of the excavation under this task is to restore the floodplain
topography in the vicinity of the oxbow outlet to resemble topography
prior to the alleged Clean Water Act violations. The grading design
accomplished this by comparing LiDAR data collected in 2004 against the
EPA’s 2014 LiDAR data. The comparison indicated the cut should start at
around elevation 78 and extend up to elevation 81, with finished grading
elevation contour lines situated at approximately the same locations as
before (Construction Plans, Sheets C-1 and C-12).
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
habitat features will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.
d. Performance Standards
Project Target = Remove approximately 16,470 yds3 of fill material from the downstream
end of the Main Oxbow floodplain and redistribute clean fill on the Klock Property.

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Project Standard = Remove specified fill volumes and achieve bulk and finish grade
elevations and earthwork contours consistent with Construction Plans, Sheet C-11 and
C-12.
1.2 Excavate oxbow reconnection channel through fill removal area and redistribute clean fill
materials on-site
a. Sediment and Erosion Control Systems - as above for Task 1.1 (Tables 22, 23, 24 and
25 for erosion Control Mixes)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
habitat features will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.
d. Performance Standards
Project Target = Reconnect the downstream end of the Main Oxbow to the Skykomish
River, using cut volume sufficient to meet the total 32,000 CY requirement.
Project Standard = reconnection achieved consistent with the Construction Plans, Sheets
C-11 and C-12.

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1.3 Excavate channel north of North/South access road & redistribute clean fill materials on-site
a. Sediment and Erosion Control Systems - as above for Task 1.1 and see Tables 20 and
21 for erosion control mixes.
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill

(a) The goal of the excavation under this task is to restore a high flow
channel topography in the vicinity of the powerlines to resemble
topography prior to the Clean Water Act non-compliance actions. The
grading design accomplished this by comparing LiDAR data collected in
2004 against the EPA’s 2014 LiDAR data. The comparison indicated the
cut invert should be around elevation 77, and the side slopes should be
relatively steep to match upstream and downstream slopes of the adjacent
floodplain terrace edge. The width of the cut is approximately in line with
upstream and downstream portions that were not filled (See Construction
Plans, Sheet C-10).
(b) Sorting of fill materials - Throughout this task, BWT shall identify
any excavated fill materials that are suitable and unsuitable for
redistribution on the Klock Property. BWT determinations will be checked
daily (or more frequently if necessary) by the COT to evaluate compliance
with all restoration grading plans and permit conditions. This sorting
function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.

2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
habitat features will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.

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d. Performance Standards
Project Target = Remove and redistribute clean fill to achieve reconnection of this
northern end of the secondary/tertiary channel network to the main Skykomish River
channel
Project Standard = reconnection achieved consistent with the Construction Plans, Sheet
C-10.
C. Task 2.1 – Central Pit Access Road (Task Lead is BWT)

2.1.1 Excavate south end of Central Pit access road and redistribute clean fill materials on-site
a. Sediment and Erosion Control Systems - as above for Task 1.1 (Table 17)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) The goal of the excavation under this task is to allow maintenance
access to restoration areas and to restore the topography of the southern
high flow channel. This work will allow unhindered flow during overbank
flooding. The grading design accomplishes this goal by matching the
invert elevation and width of each cut location to upstream and
downstream topography. The side slopes are specified to be less steep than
upstream or downstream, at 5H:1V grade to permit future vehicle access
as needed. See Construction Plans, Sheet C-7.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.

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2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
habitat features will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.
d. Performance Standards
Project Target = Excavate and redistribute clean fill materials to achieve reconnection of
the Main Oxbow reaches that are immediately northeast and southwest of the south end
of the Central Pit Access Road.

Project Standard = reconnection achieved consistent with the Construction Plans, Sheet
C-7.
2.1.2 Excavate North end of pit access road and redistribute clean fill materials on-site
a. Sediment and Erosion Control Systems - as above for Task 1.1 (Table 18 for sediment
and erosion control mixes)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) The goal of the excavation under this task is to restore the topography of the
northern high flow channel, to allow access to restoration areas and unhindered
flow during overbank flooding. The grading design accomplished this goal by
matching the invert elevation and width of each cut location to upstream and
downstream topography. The side slopes were specified to be less steep than
upstream or downstream, at 5H:1V grade to permit future vehicle access as
needed. See Construction Plans, Sheet C-8.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution on the
Klock Property. BWT determinations will be checked daily (or more frequently if
necessary) by the COT to evaluate compliance with all restoration grading plans,
permit conditions, and applicable laws. This sorting function will facilitate
compliance with Federal, State, and County requirements regarding handling of
unsuitable fill materials or hazardous waste. Suitable fill materials will be cleared
for on-site redistribution. Unsuitable fill materials or hazardous waste will be
hauled off site and disposed of consistent with all Federal, State, and County
permit requirements.
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2. Finish Grades - including microtopographic features will be directed in the
field by a qualified wetland scientist/ecologist who is a member of the COT.
d. Performance Standards
Project Target = Excavate and redistribute clean fill materials to achieve reconnection of
the Main Oxbow reaches that are immediately northeast and southwest of the north end
of the Central Pit Access Road.
Project Standard = reconnection achieved consistent with the Construction Plans, Sheet
C-8).
D. Task 2.2 Central Pit Cleanup (Task Lead is BWT)
2.2.1 Central Pit cleanup measures as necessary to satisfy Federal, Washington State, and
Snohomish County requirements
a. Sediment and Erosion Control Systems - as above for Task 1.1 (Table 30 for
sediment and erosion control mixes)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) See Construction Plans, Sheet C-16.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
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habitat features will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.
d. Performance Standards
Project Target = Remove all unsuitable fill materials from the Central Pit work area and
haul off site consistent with Federal, Washington State, and Snohomish County
Requirements. After fill removals, regrade the work area with smooth transitions to the
surrounding landscape, with an upper target elevation around 83’.
Project Standard = Unsuitable fill removals and finish grading achieved consistent with
the Construction Plans, Sheet C-16.
2.2.2 Regrading/Reclamation work to support riparian forest establishment (west)
1. Finish grades - including microtopographic features will be directed in the field by a
qualified wetland scientist/ecologist who is a member of the COT.
2. Performance Standards
Project Target = Create a finish grade surface suitable for reforestation of this work area
via planting of native tree, shrub and undergrowth species
Project Standard = finish grading achieved consistent with field direction of the COT.
E. Task 3 – North South Access Road (Task Lead is BWT)
3.1.1 Create at-grade crossing at north end of north-south access road
This at-grade crossing may require over excavation then importing/placement of some course
rock to enable continued maintenance access to restoration and powerline areas. A course
gravel/cobble mix may be sufficient, but installation of angular rock would have more certainty
regarding long term stability and power line access.

a. Sediment and Erosion Control Systems – as above for Task 1.1 (Table 19 for
sediment and erosion control mixes)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill

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(b) The goal of the excavation under this task is to restore the topography
of the northern high flow channel, to allow unhindered flow during
overbank flooding, and to provide a ford access for the Bonneville
Power Administration (BPA) without the need to install a larger
culvert. The grading design accomplishes this goal by matching the
invert elevation and width of each cut location to upstream and
downstream topography. The side slopes are specified to be less steep
than upstream or downstream, at 10H:1V grade to permit future
vehicle access as needed by BPA. The cut will be mostly rocked with
quarry spalls per WSDOT standard specification 9-13.1(5), which is
sized to resist entrainment during the 100-year flood. The rock cover
extends upstream and downstream of the access road to help
accommodate future changes in grade upstream and downstream. See
Construction Plans, Sheet C-9.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish Grades - including microtopographic features will be directed in the
field by a qualified wetland scientist/ecologist who is a member of the
COT.
Performance Standards
Project Target = Excavate and redistribute clean fill materials to achieve reconnection of
the Main Oxbow reaches that are immediately northeast and southwest of the 3.1.1 Work
area identified in Figures 9 and 10.
Project Standard = reconnection achieved consistent with the Construction Plans, Sheet
C-9.
3.1.2 Create at-grade crossing in middle of north-south access road
This at-grade crossing may require over excavation then importing/placement of course rock to
enable continued access.
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a. Sediment and Erosion Control Systems – as above for Task 1.1(Table 16 for sediment
and erosion control mixes)
b. Species/Habitat Protections – as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) The goal of the excavation under this task is to restore the topography
of the southern high flow channel, to allow unhindered flow during
overbank flooding, and provide a ford access for BPA without the need to
install a larger culvert. The grading design accomplishes this goal by
matching the invert elevation and width of each cut location to upstream
and downstream topography. The side slopes were specified to be less
steep than upstream or downstream, at 10H:1V grade to permit future
vehicle access as needed by BPA. The cut will be mostly rocked with
quarry spalls per WSDOT standard specification 9-13.1(5), which is sized
to resist entrainment during the 100-year flood. The rock cover extends
upstream and downstream of the access road to help accommodate future
changes in grade upstream and downstream. See Construction Plans, Sheet
C-6.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish grades will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.

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d. Performance Standards
Project Target = Excavate and redistribute clean fill materials to achieve reconnection of
the Main Oxbow reaches that are immediately northeast and southwest of the 3.1.2 Work
area identified in Figures 9 and 10.
Project Standard = reconnection achieved consistent with the Construction Plans, Sheet
C-6.
3.1.3 Remove fill at stations 57+00; 65+00 & 68+00 at the south end of the west-east access
road, redistribute clean fill materials on site
a. Sediment and Erosion Control Systems - as above for Task 1.1 (Tables 13, 14 and 15
for sediment and erosion control mixes)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) The goal of the excavation under this task is to restore a high flow
channel topography where the cut invert elevation, width, and side slopes
approximately match upstream and downstream. See Construction Plans,
Sheet C-3, C-4, C-5.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
habitat features will be directed in the field by a qualified wetland
scientist/ecologist who is a member of the COT.

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d. Performance Standards
Project Target = Remove and redistribute clean fill materials from these three work areas
and complete finish grades with smooth transitions to surrounding landscapes. See
Construction Plans C-3, C-4, and C-5.
Project Standard = Fill removed and redistributed in three work areas, graded smooth
transitions to surrounding landscapes

F. Task 4 – Tributary Stream Daylighting and Restoration (Task Lead is BWT)
4.1.1 Excavate tributary channel with riparian buffer (50 ft either side of the left and right
channel bank ordinary high water marks. Abandon/destroy function of pipe under the tree farm
and redistribute clean fill materials on site. Allow for small vehicle access to the SE portion of
the property.
a. Sediment and Erosion Control Systems - as above for Task 1.1 (Table 26 for sediment
and erosion control mixes)
b. Species/Habitat Protections - as above for Task 1.1
c. Earthwork
1. Bulk excavations and redistribution of excavated fill
(a) See Construction Plans, C-13. This task requires excavation of a new
southeastern tributary channel and establishment of a riparian buffer that is
located 50 ft either side of the left and right channel bank ordinary high
water marks. The task also involves abandonment/destruction or disposal
of the existing culvert/pipe system that conveys tributary flows under tree
farm area, and redistribution of clean fill materials on site. The invert
elevation, width, and side slopes approximately match the upstream
channel and downstream topography. The course of the channel cut
follows lower elevations to minimize the volume of cut required.
(b) Sorting of fill materials - Throughout this task, BWT shall identify any
excavated fill materials that are suitable and unsuitable for redistribution
on the Klock Property. BWT determinations will be checked daily (or
more frequently if necessary) by the COT to evaluate compliance with all
restoration grading plans, permit conditions, and applicable laws. This
sorting function will facilitate compliance with Federal, State, and County
requirements regarding handling of unsuitable fill materials or hazardous
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waste. Suitable fill materials will be cleared for on-site redistribution.
Unsuitable fill materials or hazardous waste will be hauled off site and
disposed of consistent with all Federal, State, and County permit
requirements.
2. Finish grades, including microtopographic features such as mounding,
excavation of small floodplain depressions, or installation of large wood for
habitat features within the newly established stream channel or buffer will be
directed in the field by a qualified wetland scientist/ecologist who is a member of
the COT.

d. Performance Standards
Project Target = Abandonment of existing culvert/pipe system and establishment of a
new tributary channel and associated buffer
Project Standard = Culvert/pipe system abandoned and construction of new channel and
buffer consistent with the Construction Plans, Sheet C-13.
G. Task 5 – Hay Bale Removal- Southwest Corner of Main Oxbow (Task Lead is BWT)
5.1.1 Remove all plastic hay bales from the SW Corner of the main oxbow haul off site and
dispose
a. Methods of removal - Use a track hoe equipped with a thumb or equivalent to load the
existing and deteriorated pile of plastic covered hay bales into dump trucks and either
haul and dispose off site all plastic from the bales and redistribute the hay on site as
mulch.
b. Performance Standards
Project Target = Removal of the existing pile of plastic covered hay
Project Standard = No residual stockpiled and plastic covered hay
H. Task 6 – Northeast Corner of the Klock Property in the River Channel (Task Lead is
BWT)
6.1.1 At low water, remove concrete blocks and other fill materials (solid/non-granular) in the
river channel and along the river bank at the NE corner of the site. Haul off site and dispose.
a. Timing of work - Perform this work at low water and within required fish windows per
permitting requirements.
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b. Reconnaissance - Prior to initiating work and at low water, assess the best and least
intrusive method(s) for removal of fill materials at this work location. The timing,
approach and exit routes for equipment, and methods of removal of concrete for this inwater work will be coordinated by a qualified Wetland scientist/ecologist who is a
member of the COT.
c. Removal of Concrete Materials - After reconnaissance, use the best and least intrusive
method(s) for removal of solid/non-granular fill materials. Completion of this in-water
work will be closely monitored/directed by a qualified wetland scientist/ecologist who is
a member of the COT.
d. Performance Standards
Project Target = Remove concrete blocks and other fill materials (solid/non-granular) in
the river channel and along the river bank at the NE corner of the site. Haul off site and
dispose or re-use for other ranch operations.
Project Standard = No residual solid/non-granular fill materials in the river channel at this
location.
I. Task 7 – Purchase Plants, Plant Installations, Irrigation, and Weed Control
7.1.1 - Purchase Plants Purchase all specified bare root conifers, and either purchase or prepare
on site cuttings/live stakes of native willows, black cottonwoods, and native shrubs (Task Lead
is BWT)
a. Provenance - Purchase native plants only from the NW Puget Sound Lowland
Provenance, which includes lower elevation/valley areas within Snohomish, northern
King, Skagit and Whatcom Counties
b. Approval of Vendor(s) - Vendors must demonstrate competence and use of best
management practices in procuring, propagating and growing healthy and vigorous native
plant stock. Prior to procurement, the COT needs to approve all vendors.
c. Vouching - Prior to transfer of procured/propagated stock, all plant materials need to
be inspected and vouched with respect to the correct genus and species, overall health
and vigor, and weed free conditions.
e. Performance Standards
Project Target = On time procurement and transfer of healthy native tree, shrub, and
undergrowth plants to the Tulalip Tribes.
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Project Standard = Transfer of healthy native plants in quantities that are consistent with
the plant take off schedules shown on the Construction Plans, Sheet C-18 and in Tables
13-30.
7.1.2 – Install procured plants or propagated plants throughout the site as specified in the
planting plan (approximately 19.4 acres) (Task Lead is Tulalip Tribes)
a. Table 6 lists general information on “Candidate” Tree, Shrub, Graminoids,
Forbs/Ferns/Fern Allies Species for the Klock Property Restoration. This information
includes identification of plant form (ie. tree, shrub, graminoid, etc.), Latin name (genus
and species), common name, stock specifications (e.g. 1 gallon pots, live cuttings, bare
root), National Wetland Plant Indicator Status, and microsite preferences for the Klock
Property Restoration.
b. Tables 7, 8, 9, 10, and 11 List Plant Assemblages as follows:
Assemblage A = Upland and Dry Sites
Assemblage B = Primarily Wet, Seasonally Wet, or Wetlands
Assemblage C =Riparian Areas
Assemblage D = Low Growing Riparian Areas
Assemblage E = Native Emergent Plants and Erosion Control
c. Table 12 Shows Planting Phases (Year 1 and Year 2) for the Klock Property
Ecosystem Restoration. Table 12 is repeated in slightly different format in Appendix 2 –
Construction Plans, Sheet C-19.
d. Tables 13 through 31 are the Plant Take-Off Tables (Plant species, quantities, stock,
etc.) for each planting area. These tables are repeated in slightly different format in
Appendix 2 – Construction Plans, Sheet C-19.
e. Details – Appendix 2 – Construction Plans, Sheet C-19 shows several details or
typicals for installation of trees, shrubs, emergent, live cuttings, etc.
f. Performance Standards
Project Target = Year 1 and Year 2 phased planting of up to 19.4 acres with native tree,
shrub, and undergrowth species (Table 12).
Project Standard = Installation of healthy native tree, shrub and undergrowth plants
consistent with the plans and take off schedules (Tables 13-31) and the same Take-Offs
shown on Construction Plans, Sheet C-20.

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7.1.3 – Irrigation 2-year irrigation of planted stock during dry season - if necessary
a. Performance Standards
Project Target = Irrigate if necessary to ensure survival of planted stock
Project Standard = Minimal plant mortality due to water stress during the first three
growing seasons. Target survival rate is >50% overall after 5 years.
7.1.4 – Year 2 and 3 Weed Controls

Complete mechanical and if necessary chemical weed control measures - Years 2 and 3
a. Performance Standards
Project Target = All restoration areas are dominated by native species and on a trajectory
to become relatively free of non-native invasive weeds
Project Standard = Restoration area plantings are free to grow/not impeded by weeds and
canopy cover is dominated by native species.
J. Task 8.0 – Construction Oversight
a. Membership, Role, and Authorities of the COT – Members of the COT will be
determined by Tulalip tribes staff members Misters Brett Shattuck and Kurt Nelson. The
Tribes will also designate roles for various team members. The overall role of the COT
is to inspect the site during construction, monitor the progress and quality of the work,
and determine if the work is proceeding in a manner that is consistent with all project
plans and specifications, and consistent with conditions of all Federal, Washington State,
and Snohomish County permits. The COT will have a designated Lead and single point
of contact. The COT Lead can delegate certain tasks to COT members if the need arises.
Specifically, the COT Lead can 1. Change Work Protocols - At any time, the COT Lead will have the authority to
recommend to BWT changes to work protocols for purposes of compliance with
all permit conditions, and/or achievement of Project Targets and Project
Standards.
2. Stop Work - At any time, the COT Lead will have the authority to stop work to
request that the appropriate government agency determine compliance with all
permit conditions, and/or that EPA determine achievement of Project Targets and
Project Standards.

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3. Inspect and Change Construction Layouts - Initial construction work layouts
will be the responsibility of BWT. Layouts will be checked regularly by the COT
Lead to evaluate compliance with all permit conditions and consistency with
restoration plans and specifications.
4. Inspect and Change Grade Controls - All grade controls will be the
responsibility of BWT. They will be checked regularly by the COT to evaluate
compliance with all restoration grading plans and specifications and permit
conditions. BWT shall modify grade controls if COT determines that such
modifications are necessary to comply with restoration grading plans and
specifications and permit conditions.
5. Identify Unsuitable Fill Materials - Initial sorting and documentation of suitable
and unsuitable fill materials will be the responsibility of BWT. These BWT
determinations will be checked daily (or more frequently if necessary) by the
COT to evaluate compliance with all restoration grading plans and permit
conditions.
6. Inspect and Change Sediment and Erosion Control Systems and BMPs Development of the Stormwater Pollution Prevention Plan (SWPPP) and
installation and maintenance of all best management practices (BMPs) shown in
the SWPPP is the responsibility of BWT. The COT Lead will have the
responsibility for inspection and approval of initial installations and subsequent
maintenance and adaptive management. Standard record keeping consistent with
conditions of the General Permit and the SWPPP is the responsibility of BWT and
is subject to regular inspection(s) by the COT Lead.
7. Inspect and Change Species and Habitat Protections - Development,
installation, and maintenance of all species and habitat protections is the
responsibility of BWT. The COT Lead will have the responsibility for inspection
and evaluation of initial installations and subsequent maintenance and adaptive
management. Record keeping sufficient to document the safe and meaningful
operation of species and habitat protections is the responsibility of BWT and is
subject to regular inspection(s) by the COT Lead.
8. Alert Regulatory Agencies - Compliance with all federal, state and county
issued permits and regulatory requirements associated with this work is the
responsibility of BWT. The COT Lead will communicate with BWT when there
is a potential or observed deviation from permit or regulatory requirements, with
the intent of maintaining compliance through collaboration. If non-compliance
continues, the COT Lead will alert the appropriate regulatory agency(ies) to
request enforcement intervention.

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b. Reporting - Daily Logs of activities will be maintained by BWT documenting, at a
minimum 1. Fill volumes sorted to suitable and unsuitable (exported)
2. The locations and volumes of clean fill materials redistributed on site
3. Types and volumes of unsuitable fill materials exported off site and
documentation of the destination facilities for exported fill (“cradle to grave”
documentation)
4. Maintenance and documentation of all BMPs necessary to comply with the
SWPPP before, during, and after work
5. Maintenance of all BMPs for species and habitat protections
6. Photographs showing progress of work

7.

Construction Schedule and Sequencing
a. Earthwork is scheduled for implementation in the dry season immediately after all
permitting is completed. This will likely be in 2021.
b. Phase 1 planting and maintenance will likely initiate in the fall of 2021.
c. Phase 2 planting will likely initiate in the fall of 2022.
d. Refinement of construction sequencing will occur as required by permits and in
coordination between BWT and the COT Lead.

8.

Monitoring/Adaptive Management/Contingency Measures

a. Unsuitable Materials/Hazardous Waste: During and/or at the close of their
earthwork/construction tasks, BWT is responsible for submitting documentation of compliance
with U.S. Federal, Washington State, and Snohomish County protocols for handling a removal of
unsuitable fill materials from all work areas.
b. Construction/Earthwork Final Report: BWT is responsible for submitting
documentation and registered professional survey certification of finish grades to EPA after the
close of their construction efforts. These are Drawings of Record. This
documentation/certification will be submitted to EPA no more than 30 calendar days following
completion of earthwork and construction. The submittal will be in the form of a
construction/earthwork final report that includes a finished project summary, short narratives
summarizing work completed in each work area, and a summary of how completed work
achieved Project Targets and Project Standards articulated in Table 3 of this BOD. The Narrative
should be supported by the certified Drawings of Record. Within 30 calendar days following
completion of earthwork and construction, BWT shall contact EPA to schedule and participate in
a site visit with EPA.
c. Documentation of Plantings and Performance: The Tulalip Tribes will be responsible
for the following monitoring and reporting activities:
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1. Submittal of documentation for plants actually installed in each work area (Planting
Take-offs installed) no more than 30 calendar days after the end of Phase 1 planting
(Year 1 - fall), and no more than 30 days after the end of Phase 2 planting (Year 2 - fall).
These documentations/certifications will be presented to EPA in the form of short “End
of Phase 1 Planting/Phase 1 Time Zero” and “End of Phase 2/Phase 2 Time Zero” reports
that include narratives or tables summarizing plantings completed in each work area.
2. Following the “Time Zero” Reports summarized immediately above, and at the end of
the first, third, and fifth growing seasons following each phase of plantings (i.e. Phase 1
and Phase 2), document via narratives and photographs the following –
a. “Free growing/not impeded by weeds” conditions in each planting area
b. “Dominant canopy coverage by native species” in each planting area
c. A short description of
(1) Any irrigation measures used and locations for irrigation
(2) Weed control measures used and their locations
(3) Recommended or implemented adaptive management or contingency
measures necessary to ensure that Project Targets and Project Standards
are met.

9.

Reporting

All reporting, notices, and communications required in the BOD shall be made to the following
individuals:
(1) Patrick B. Johnson
Assistant Regional Counsel
United States Environmental Protection Agency, Region 10
1200 Sixth Avenue
Suite 155, Mail Stop 11-C07
Seattle, Washington 98101
[phone]
[e-mail]
(2) Krista Rave-Perkins
Surface Water Enforcement Section
Enforcement and Compliance Assurance Division
United States Environmental Protection Agency, Region 10
1200 Sixth Avenue
Suite 155, Mail Stop 20-C04
Seattle, Washington 98101
[phone]
[e-mail]

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10.

Appendices

Appendix 1 - List of Abbreviations Used in This Basis of Design Report
BMPs – Best Management Practices
BPA – Bonneville Power Administration
BOD – Basis of Design Report
BWT – Bobby Wolford Trucking and Salvage, Inc.
CFS – Cubic feet per second
CID – Criminal Investigation Division (of the EPA)
COT – Construction Oversight Team
CWA – Clean Water Act
EPA – Environmental Protection Agency
HPA – Hydraulic Projects Approval
LiDAR – Light detection and ranging
SWPPP – Storm Water Pollution and Prevention Plan
USGS – U.S. Geological Survey

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Appendix 2. Construction Plan Sheets and Specifications

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Appendix 3. Flood Modeling for the Klock Property Restoration Basis of Design
I. Methods
We used a two-dimensional (2-D) hydrodynamic model developed previously for Snohomish
County (WSE, 2018) to evaluate flooding patterns in the vicinity of the Klock property with and
without restoration earthwork. The model domain extends along the Skykomish River from just
above the Sultan River to its confluence with the Snoqualmie River and a portion of the
Snoqualmie and Snohomish Rivers upstream of the SR 522 bridge. The model terrain was
developed from a combination of LiDAR and bathymetry data collected variously over the 20142016 period (Figure 1; WSE 2018). Because the WSE (2018) model had been calibrated to
simulate high flow events, the surface roughness properties were kept the same in our
simulations.
The magnitude of the 100-year flood was estimated for the reach using flows established by
Snohomish County Surface Water Management (SWM) as part of the FEMA Flood Insurance
Study hydrology, effective September 16, 2005 (Figure 2). The flows were provided by SWM
engineer David Lucas through email correspondence on February 21, 2019. The corresponding
magnitude used in the analyses is Q100 = 168,200 cfs. This was derived from the flows in Figure
2, adding an estimated 900 cfs for small inflows, and accounting for downstream attenuation.
In earlier runs where the 2D model terrain was modified to represent topography associated with
different scenarios, it was determined that a proposed total cut of 32,000 CY would result in
minor changes to the 100 year flood (Q100) water surface elevation, whereas an alternative,
smaller proposed cut volume of 20,240 CY would not (R2 2019). This information guided
layout of the proposed earthwork design in the current preliminary design plan set prepared by
R2.
The WSE (2018) model terrain was subsequently modified to represent the preliminary design
plan actions and run again to compare against the existing conditions for an evaluation of
changes in the 100-year flood levels with the proposed project (Figure 3). In addition, the model
output was used to evaluate substrate mobility in the vicinity of the two fords proposed for the
BPA transmission line access road.
The 2-D model mesh network from the WSE (2018) model was further modified in the vicinity
of proposed project actions to more accurately simulate hydraulics in the vicinity of each
location (Figure 4). Specifically, the original WSE (2018) model mesh size of 100 ft was
reduced to approximately 20 ft, as illustrated in Figure 5. To conserve budget, the original
WSE/SWM mesh was used for simulating existing conditions and the modified mesh network
was used for simulating project actions.

II. Results
The model results were used to specify a stable rock mix for the two proposed ford locations for
the BPA transmission line access road, and to characterize the resulting changes in 100-year
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flood water surface elevations. The ford rock placement extended upstream and downstream of
the ford to accommodate local adjustments associated with adjacent future erosion.
Ford Rock Sizing: The modeling predicted that maximum velocity at the two proposed ford
locations for the BPA transmission line access road was approximately 4.1 ft/s during the 100year flood peak flow, with a flow depth of approximately 4.0 ft. This value was evaluated for
incipient motion conditions using two independent equations. In the first approach, Shields’
equation (e.g., Raudkivi 1990) was used to evaluate shear stress τ and corresponding critical
median grain size D50cr:
𝜏
𝜏∗ =
𝑐𝑟
(𝑆 𝑠 − 1)𝜌𝑔𝐷50𝑐𝑟
where the submerged specific gravity (Ss-1) = 1.5 (typical lower range for commercially
available aggregates; larger values preferred for additional stability) and the dimensionless
critical shear stress τ*cr = 0.03, which is a characteristic lower bound value for initiation of
motion (Buffington and Montgomery 1997; Recking and Pitlick 2013). Shear stress was
estimated from shear velocity (u*) as:
2
𝜏 = 𝜌𝑢∗
where shear velocity was estimated using the integrated form of logarithmic law of the wall
equation was used to estimate shear velocity respectively (Richards 1982):
𝑉
𝑑
= 5.75𝑙𝑜𝑔 ( ) + 6.00
𝑢∗
𝐷65
where V = mean column velocity, d = depth, and y = height above the bed. The characteristic
substrate size D65 was set to an initial estimate of 4” corresponding to quarry spalls. The mean
column velocity and depth values were extracted from the 2D model results.
The second approach was based on empirical relations established between velocity and stable
stone size, using the Isbash relation (USACE 1994):
𝑈 𝑐𝑟 = 𝐶[2𝑔𝐷50𝑐𝑟 (𝑆 𝑠 − 1)]1/2
where Ucr = characteristic velocity mobilizing the stone and the factor C =0.86 (Recking and
Pitlick 2013).
The critical D50cr was estimated using each method, and the larger of the two selected. A side
slope correction was then applied to estimate the stable D50cr on a 10H:1V side slope (specified
for the slopes on both sides of the ford for easy vehicle access), using an estimated stream-wise
slope = 0.005 and the equations of Simons and Senturk (1992; in Mooney et al. 2007). The
resulting D50 values were then compared with mixes in WSDOT’s 2020 standard specifications,
from which it was confirmed that quarry spalls (specification 9-13.1(5)) resulted in a stability
safety factor in excess of 3.0. Quarry spalls are a standard substrate for vehicle access during
construction, and can be expected to remain stable in place for many years after placement
(barring more extensive erosion originating away from the ford location).

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Changes in 100 Year Flood Water Levels: The simulations indicate that the proposed grading
will increase flows in the oxbow and excavated channels during the 100-year flood peak flow
(Figure 5). Peak water levels will be elevated in the vicinity of fill areas, and lowered over the
floodplain where most of the previous fill occurred. Changes within the river main stem channel
are predicted to be within +/- 0.1 ft depending on location. We expect the river to adjust its
boundary over time in response.
III. References
Buffington, J.M. and D.R. Montgomery. 1997. A systematic analysis of eight decades of
incipient motion studies, with special reference to gravel‐bedded rivers. Water Resources
Research, 33(8), pp. 1993-2029.
Mooney, D.M., C.L. Holmquist-Johnson, and S. Broderick. 2007. Rock ramp design guidelines.
U.S. Department of the Interior, Bureau of Reclamation.
Raudkivi, A.J. 1990. Loose Boundary Hydraulics. 3rd Ed. Pergamon Press.
Recking, A. and Pitlick, J., 2013. Shields versus Isbash. Journal of Hydraulic Engineering
139(1): 51-54.
Richards, K. 1982. Rivers: Form and process in alluvial channels. Methuen. New York
NY.361p.
R2 Resource Consultants. 2019. Results of Alternative Mitigation Proposals Hydraulic
Evaluation. Technical Memorandum prepared for LC Lee and Associates. December.
Simons, D.B., and F. Sentürk. 1992. Sediment Transport Technology Water and Sediment
Dynamics. Water Resources Publication, Littleton, Colorado.
U.S. Army Corps of Engineers (USACE). 1994. Hydraulic Design of Flood Control Channels.
Engineering Manual EM 1110-2-1601.
Watershed Science & Engineering. 2018. Ben Howard Road flooding analysis: Lower
Skykomish River Hydraulic Modeling. Report prepared for Snohomish County Public Works.
August.

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Figure 1. Existing terrain in the vicinity of the Klock Property simulated using the 2D HEC-RAS
model. Blue polygons denote the areas that will be excavated, red polygons areas where fill will
be placed.

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Figure 2: FEMA Flood Insurance Study hydrology, provided by Snohomish County Surface
Water Management, Department of Public Works.

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Figure 3. Proposed terrain in the vicinity of the Klock Property simulated using the 2D HECRAS model.

Figure 4. HEC-RAS 2-D hydraulic model mesh network in the vicinity of the Klock Property.
Areas proposed for cut and fill were simulated using a finer mesh than elsewhere within
the 100-year flood zone.

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Figure 5. Predicted changes (units=ft) in 100-year flood water surface elevations associated with
the proposed Klock Property restoration design compared with existing conditions.

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Appendix 4. No Rise Calculations Technical Memorandum

Technical Memorandum – Draft
Date: June 11, 2020

Project Number: 2079.01/TM102

To: File
From: Paul DeVries, Ph.D., P.E., C.F.P. (R2); Chiming Huang, Ph.D., P.E. (R2);
Lyndon Lee
(LCLA)
Project: Klock Property Restoration
Evaluation of Effects of Proposed Floodplain Restoration Activities on 100
Subject: year
Flood Peak Water Surface Elevation

11. Background
The proposed activities that are the subject of this memorandum involve restoring the structure
and functioning of waters of the United States, including wetland ecosystems (waters/wetlands)
on floodplain areas of the Klock Property. This property consists of an approximately 187.9acre area within the overall Klock holdings. It is located east of the City of
Monroe along the south bank (river left) of the Skykomish River in unincorporated Snohomish
County, Washington (Figure 1). The latitude/longitude coordinates for the approximate centroid
of the Klock Property are 47° 50’ 54.86” N/121° 53’ 37.22” W. Ben Howard Road forms the
south boundary of the Klock Property. The property is located within Section 10, Township 27
North, Range, 7 East. It is comprised of Snohomish County Tax Parcel Nos.
27071000100100, 27071000100300, and 27071000100200 and parts of 27070300300300,
27070300300500, 27071000200100. These latter three tax parcels will be the subject of a lot
line adjustment.
The Klock Property is owned by Karl Frederick Klock Pacific Bison, LLC. The restoration
measures that are the focus of this evaluation are part of a negotiated settlement of Clean Water
Act non-compliance issues among Karl Frederick Klock Pacific Bison, LLC (Klock), Bobby
Wolford Trucking & Salvage, Inc. (BWT), and the U.S. Environmental Protection Agency
Region 10 (EPA). The key goal of the settlement is to restore the property from impacts
associated with stream rerouting, mechanical clearing, filling, and earthwork activities that were
undertaken by Klock and BWT.
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BPA Transmission Line

Oxbow

Project Area

Figure 1.

Location of project area targeted for floodplain restoration earthwork
activities, and selected landmarks.

The project area encompasses a large, generally “U” shaped secondary river channel or
“oxbow” system that has been part of the active floodplain and channel system of the
Skykomish River since at least 1938. During moderate to high water events in the main channel
of the Skykomish River and depending on the elevation or “stage” of frequently occurring flood
events or floodwaters (2-5 year recurrence interval), this oxbow system can be directly and
regularly connected to the Skykomish River at both its upstream and downstream ends. The
oxbow system includes a complex network of small secondary and tertiary channels that are
embedded within it and which are regularly inundated by and connected to flood flows from the
main channel of the Skykomish River. The area that includes the oxbow system is dominated
by a mosaic of third or fourth growth forested, scrub/shrub, and emergent waters/wetlands plant
communities. This mosaic also includes seasonal open water features that flow when they are
connected to the main channel of the Skykomish River or alternatively, they exist as residual
ponded features when water levels recede. Some agricultural and Christmas tree production
areas are also included in the property.
Proposed earthwork activities consist of the following actions to restore floodplain connectivity
Figure 2):
•

Removal of fill placed in and around the downstream end of the oxbow and adjoining
floodplain (indicated by #9 & #10 in Figure 2).

•

Removal of fill placed in a former high flow channel (#8).

•

Removal of culverts and fill at two locations along BPA’s transmission line access road
that currently restrict flows through two floodplain high flow channels that are part of
the oxbow flow path network, and creating rock fords in their place (#4 & #7).

•

Removal of fill at five other locations in floodplain high flow channels that are part of
the oxbow flow path network (#1, #2, #3, #5, and #6).

37

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 82 of 227

•

Daylighting and additional excavation of a channel to connect an upland tributary
draining under Ben Howard Road with the oxbow flow path network (#11).

•

Removing concrete ecology blocks from the river’s edge.

•

Cleaning out contaminated soils and debris disposed of in a central floodplain pit area
surrounded by the oxbow flow path network, and hauling the material offsite, followed
by placing some of the spoils from the above excavations within the pit area and refilling
to approximate local floodplain elevations (#14).

•

Placing the remainder of spoils from the above excavations at two higher ground areas
on the floodplain near the BPA transmission line corridor to keep the excavated native
materials on site (#12 and #13).

This technical memorandum documents the flood modeling analysis that was performed to
evaluate effects of these proposed restoration earthwork activities on the 100 year flood peak
water surface elevation (WSE).

12. Hydrology
The magnitude of the 100-year flood (Q100) was estimated for the reach using flows established
by Snohomish County Surface Water Management (SWM) as part of the FEMA Flood
Insurance Study hydrology, effective September 16, 2005 (Figure 3). The flows were provided
by SWM engineer David Lucas through email correspondence on February 21, 2019. The
corresponding magnitude used in the analyses is Q100 = 168,200 cfs. This was derived from the
flows in Figure 3, adding an estimated 900 cfs for small inflows, and accounting for downstream
attenuation.

38

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Figure 2.

Map of proposed floodplain restoration earthwork activities.

39

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 84 of 227

Figure 3.

FEMA Flood Insurance Study hydrology, provided by Snohomish County
Surface Water Management, Department of Public Works.

13. Hydraulic Modeling Methods
We used a two-dimensional (2-D) HEC-RAS hydraulic model developed previously for
Snohomish County (WS&E 2018) to evaluate flooding patterns in the vicinity of the Klock
property with and without corrective earthwork. The model domain extends along the
Skykomish River from just above the Sultan River to its confluence with the Snoqualmie River
and a portion of the Snoqualmie and Snohomish Rivers upstream of the SR 522 bridge. The
model terrain was developed from a combination of LiDAR and bathymetry data collected
variously over the 2014-2016 period (Figure 4; WS&E 2018). Because the model had been
calibrated to simulate high flow events, the surface roughness properties were kept the same in
our simulations.
During project scoping, the 2-D model terrain was modified to represent topography associated
with different net excavation volumes under negotiation. The modeling guided layout of the
proposed earthwork design for the volume agreed to as part of the settlement. The WS&E
(2018) model terrain was subsequently modified to represent the preliminary design plan
40

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 85 of 227

actions, and run to compare against existing conditions for an evaluation of changes in the
100year flood levels with the proposed project (Figure 5). The 2-D model mesh network was
also further modified in the vicinity of proposed project actions to more accurately simulate
hydraulics in the vicinity of each location, where the original WS&E (2018) model mesh size of
100 ft was reduced to approximately 20 ft at locations where earthwork is proposed (Figure 6).

Figure 4.

Existing HEC-RAS 2-D model terrain in the vicinity of the Klock Property.
Blue polygons denote the areas that will be excavated, red polygons areas
where fill will be placed.

41

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Figure 5.

HEC-RAS 2-D model terrain in the vicinity of the Klock Property, modified to
reflect proposed earthwork.

Figure 6.
Property.

HEC-RAS 2-D hydraulic model mesh network in the vicinity of the Klock

14. Modeling Predictions and Interpretation
The simulations indicate that the proposed grading will increase flows in the oxbow and
excavated channels during the 100 year flood peak flow, thereby increasing local WSEs
42

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compared with existing conditions due to the enhanced floodplain connectivity (Figure 7). Peak
water levels will be elevated in the vicinity of the upstream side of the fill areas, and lowered
over the floodplain in response to fill removal.
Changes within the river mainstem channel are predicted to be mostly within +/- 0.02 ft
depending on location (Figure 7), which corresponds to well within modeling accuracy and
measurement error. Greatest changes are in the vicinity where floodplain channel excavation is
proposed, followed by the fill areas. Within the mainstem channel proper, the central area near
the excavated channel (#8 in Figure 2) is predicted to have the greatest local rise, generally less
than 0.10 ft. We expect the river to adjust its morphology locally in this area over time as a
compensatory response, where the WSEs should decrease again.
The proposed restoration earthwork activities are not predicted to result in a floodplain-wide
increase in WSEs. Consistent with FEMA (2009) Appendix E guidelines, no structures are
predicted to be affected by increased WSEs associated with the proposed earthwork.

Figure 7.

Predicted changes (units=ft) in 100-year flood water surface elevations
associated with the proposed design relative to existing conditions.

15. References
Federal Emergency Management Agency (FEMA). 2009. National Flood Insurance Program
Floodplain Management Guidebook. Region 10, 5th Edition, March. Bothell, WA.
Watershed Science & Engineering (WS&E). 2018. Ben Howard Road flooding analysis:
Lower Skykomish River Hydraulic Modeling. Report prepared for Snohomish County
Public Works. August.

43

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Tables 13-31 Planting Area Takeoffs
Figures 1-10
Photographs 1-7

44

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Figure 1. General vicinity map for the Klock Property, east of the City of Monroe in
unincorporated Snohomish County, Washington
Note:
Source of photograph = Google Earth
North is up
Area Outlined in red is the approximate eastern half of the Klock Property

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 90 of 227

Figure 2. Close up - Approximate extent of the Klock Ownership with approximate tax parcel
boundaries. The Main oxbow waters/wetland complex is located in the eastern half of the
property. North is up. The blue arrow indicates the main oxbow area in the eastern half of the
Klock Property.

Source: Snohomish County Online Property
on;
http://gis.snoco.org/maps/property/viewer.
Informati
htm

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 91 of 227

Figure 3 –
A. Restoration Work Areas on the Klock Property, Snohomish County, WA – LIDAR Base.
Numbers in this figure key to Tasks enumerated in Table 3.
Lidar Base

B. Aerial Photograph Base

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Figure 4. 2003 shaded relief Light Detection and Ranging (LIDAR) image of the Klock Property
– eastern half including the main oxbow waters/wetland complex. North is up. This image was
taken before Klock/Wolford stream rerouting, mechanical clearing, filling, and earthwork
operations. The blue arrow indicates the main oxbow area in the eastern half of the Klock
Property.

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Figure 5. 2014 Grey scale Light Detection and Ranging (LIDAR) Image of the Eastern portion of
the Klock Property showing the main oxbow system and its relationship to the main channel of
the Skykomish River.
Notes:
North is Up
This image was taken after Klock/Wolford stream rerouting, mechanical clearing, filling, and
earthwork operations.
Blue Arrow Indicates the main oxbow area in the eastern half of the Klock Property

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 94 of 227

Figure 6. River Gauge Comparison During 2003 and 2014 LIDAR Flights. Monroe USGS
Gauge. (Source, anchor QEA, June, 2017)

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 95 of 227

Figure 7. StreamStats Peak Flow Hydrology summary for the unnamed stream in the southeast
corner of the Klock Property (Source Anchor QEA, 2017).

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Figure 8. Water depths in the main oxbow system on the Klock Property over the estimated
historical terrain from 2003 LIDAR (Prior to Klock/Wolford Operations). The water depth plot
is for a recurrence interval flooding event of approximately 2 years. River discharge volume (Q)
= 47,000 cfs at Klock property, 1-D and 2-D modeling results of OHW.

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 97 of 227

Figure 9. Water depths in the main oxbow system on the Klock Property over the existing terrain
from 2014 LIDAR (Post Klock/Wolford Operations). The water depth plot is for a recurrence
interval flooding event of approximately 2 years. River discharge volume (Q) = 47,000 cfs at
Klock property, 2-D modeling results of OHW.

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 98 of 227

Figure 10 A. – Restoration work Areas on the Klock Property, Snohomish County, WA – Ortho
Photograph Base. Note - Numbers in this figure key to Tasks enumerated in Table 3).

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 99 of 227

Figure 10 B. – Restoration work Areas on the Klock Property, Snohomish County, WA –
LIDAR Base. Note - Numbers in this figure key to Tasks enumerated in Table 3).

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 100 of 227

Photograph 1. 2010 Google Earth Image of the eastern portion of the Klock Property. Note
filling and earthwork activity in the northern portion of the property and in the Central Disposal
Pit, and along the Powerline Access Road.

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Photograph 2. EPA/CID, March 2010 Photograph of the main oxbow system and Central
Disposal Pit area on the Klock Property. View is North Northeast. Note filling in the oxbow
outlet and in the Central Disposal Pit areas.

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Photograph 3. EPA/CID, March 2010 photograph of mechanical clearing and filling and
earthwork activities in the downstream (outlet) end of the main oxbow feature on the Klock
Property. View is looking upstream (south) into the oxbow outlet.

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Photograph 4. EPA/CID, March 2010 photograph of mechanical clearing and filling and
earthwork activities in the downstream (outlet) end of the main oxbow feature on the Klock
Property. View is downstream (north) through the oxbow outlet to the main channel of the
Skykomish River. Note the pile of bagged (white plastic) rolls of hay placed in wetlands in the
southwestern (lower left) corner of the photograph.

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Photograph 5. EPA/CID, March 2010 photograph of the main ranch complex and access road to
the Central Disposal Pit area on the Klock Property. Note ponding in the Central Disposal Pit
area and earthwork at the northern end of the powerline access road. View is generally
northwest.

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Photograph 6. EPA/CID, March 2010 photograph of the main ranch complex, main oxbow,
access road to the Central Disposal Pit area on the Klock Property. Note ponding in the Central
Disposal Pit area and in the main oxbow. Also note earthwork in the SE Tributary Stream due
east of the Klock barn. View is generally west.

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Photograph 7. December 19, 2011 – EPA photograph of the main ranch complex on the Klock
Property and earthwork activities in the SE Tributary Stream System north of Ben Howard Road
and immediately east of the Klock barn. View is west.

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Table 1 - LIDAR Gage Comparison, U.S. Geological survey (USGS) Gage 12150800 on the
Snohomish River
Date

Gage Height (NAVD88
feet)

Discharge (cfs)

Return Period

11/7/2003 to
11/8/2003

2.7

6,000

Not Significant

4/7/2014

5.4

14,500

< 1-year1

Notes:
1. 1-year flood from 53-year flood frequency analysis determined to be 26,300 cubic feet per second (cfs)
2. NAVD88: North American Vertical Datum of 1988

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 109 of 227

Table 2 - Peak Flow Design Hydrology for the Unnamed Tributary Stream in the
Southeastern Corner of the Klock Property
Return Period
(years)1

Flow (cubic feet per second)

2

11

25

25

100

33

Note:
1. 25-year and 100-year flows have standard errors of 53% and 54%, respectively.

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 111 of 227

Table 3 - Restoration Tasks on Klock Property Assuming Execution of Environmental Covenant - ( v. June 22, 2020)
Tasks To Be Completed By Bobby Wolford Trucking (BWT)

Estimated

Design Notes

Quantities

Earthwork (CY) Acres (AC)
0

Permitting

1

Main Oxbow Restoration

Obtain all necessary Federal, Washington State and Snohomish County Permits prior to the start of work
1.1
1.2
1.1.2
2.1
2.1.1
2.1.2
2.2
2.2
2.2
3.1
3.1.1
3.1.2
3.1.1; 3.1.2; 3.1.3
4.1
4.1.1
4.1.2
5.1
5.1
6.1
6.1

Excavate oxbow outlet fill & redistribute clean fill on site. Ensure compliance with all Federal, WA State and County laws and regulations. **
Excavate oxbow reconnection channel through fill removal area and redistribute clean fill materials on-site
Excavate channel north of N/S access road & redistribute clean fill materials on-site

N/A
25,000***
1,480
5000

N/A

6.2
0.5 Assume Approx. 950 LF
0.1 Assume 75 LF x 18’ wide

Central Pit - Access Road
Excavate south end of pit access road and resdistribute clean fill materials on-site
Excavate North end of pit acces road and redistribute clean fill materials on-site

5000
3000

0.1 Modified action eliminates 36’x48” Culvert
0.1 Assume 135 LF x 18’ wide

Central Pit - Cleanup
Pit cleanup measures as necessary to satisfy WA State and Snohomish Couty requirements
Regrading/Reclamation work to support riparian forest establishment (west)

300
120

1.2
1.6 See also Riparian restoration plant procurement listed in Item 7.1

North-South Access Road
Create at-grade crossing at north end of north-south access road
Create at-grade crossing in middle of north-south access road
Remove fill at stations 57+00; 65+00 & 68+00 at the south end of the north-south access road, redistribute clean fill materials on site

80
90
2150

0.1 Assume 70 LF x 18’ wide
0.1 Modified Action eliminates 25’x48” Culvert
0.1 Modified Action eliminates 45’x48” Culvert

Tributary Stream Daylight and Restore
Excavate tributary channel with riparian buffer (50 ft either side of the left and right channel bank ordinary high water marks
Abandon/destroy function of pipe under tree farm, and redistribute clean fill materials on site

0

0.6 Assume 670 LF, Riparian restoration in Item 7.1

SW Corner of Main Oxbow
Remove all plastic hay bales from the SW Corner of the main oxbow haul off site and dispose

N/A

N/A

At low water, remove concrete blocks and other fill materials (solid/non-granular) in the river channel and along the river bank
at the NE corner of the site. Haul off site and dispose.

N/A

N/A Remove & haul off estimated 6 - 12 concrete blocks - final block totals TBD in field at low water

Purchase all specified bare root conifers, and either purchase or prepare on site cuttings/live stakes of native willows,
black cottonwoods, and native shrubs

N/A

N/A

NE Corner of the Klock Property in the River Channel

7.1
7.1

Purchase Plants

7.1.2

Install Plants

Install procured or propagated plants throughout the site as specified in the planting plan (approx 17.3 acres)

N/A

Final planting take-off will be specified in the final Basis of Design document

7.1.3

Irrigation

2-year irrigation of planted stock during dry season - if necessary

N/A

Need for irrigation TBD in response to field conditions in Years 1, 2, and 3

7.1.4
8

Year 2 and 3 weed control

Complete mechanical and if necessary chemical weed control measures - Years 2 and 3

N/A

Complete weed control as needed to achieve planting goals via mechanical clearing, hand
clearing, herbicide application or all

Construction Oversight

Construction oversight

N/A

Assumes 30 days of construction and 95 days of planting. Cost assumes at least biweekly 12-hr
N/A visits or equal time spread across more days as needed and all travel/documentation costs.

Tasks To Be Completed By Tulalip Tribes

Notes:
*Task numbers in this version of Table 3 generally track numbers contained in the Anchor Environmental Basis of Design (BOD) (August 2017). Changes to BOD Tasks are listed in the Design Notes Section above.
**Throughout this work plan, all grading, on-site redistribution of fill materials, and other restoration measures assume full compliance with all Federal, Washington State, and Snohomish County laws and regulations.
*** Approximately 32,000 cubic yards of material needs to be removed from the Main Oxbow Channel work area and redistributed on-site or hauled off-site to meet or exceed County No-Rise requirements

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 112 of 227

Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES
Obtain all
Federal, Washington State,
N/A
All necessary
N/A
0 - Permitting
necessary
and Snohomish County
permits obtained
permits for the
permits
Klock Property
Restoration

Main Oxbow Channel
1.1 – Excavate the Main
Oxbow outlet fill &
redistribute clean fill on
site.

1.2 - Excavate oxbow
reconnection channel
through the fill removal
area and redistribute
clean fill materials on-site

1.
Documented Achieve fill volume
fill volume removals removal quantities
and design grades
2.
As-built
topographic survey

Remove fill from
the downstream
end of the Main
Oxbow and
redistribute
clean fill on the
Klock Property

Remove
specified
fill
volumes and achieve bulk
and finish grade elevations
and earthwork contours
consistent with plans in C-11
and C-12

Reconnect the
downstream end
of the Main
Oxbow to the
Skykomish
River

1.
Documented Achieve fill volume
Reconnection achieved
consistent with plans in C-11 fill volume removals removal quantities
and design grades
2.
As-built
topographic survey

N/A ─ complete
specified grading
and redistribution of
clean fill materials

3.
Photographic
documentation of
finished grades
N/A – complete
specified grading
and channel
connection

3.
Photographic
documentation of
finished grades

Klock Property Ecosystem Restoration, Basis of Design

1/12

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Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES
Reconnection achieved
1.
Documented Achieve fill volume N/A – complete
1.3 - Excavate channel Remove and
removal quantities
specified grading
north of North/South redistribute clean consistent with plans in C-10 fill
fill to achieve
volume removals
and design grades
and channel
access road & redistribute
reconnection of
connection
clean fill materials on-site
this northern end
2.
As-built
of the
topographic survey
secondary/tertiar
y channel
3.
Photographic
network to the
documentation of
main Skykomish
finished grades
River channel

Central Pit Access
Road
2.1.1 - Excavate south
end of Central Pit access
road and redistribute
clean fill materials on-site

Excavate &
redistribute clean
fill materials to
achieve
reconnection of
Main Oxbow
reaches that are
northeast and
southwest of the
south end of the
Central Pit
Access Road.

Reconnection achieved
consistent with plans in C-7

Klock Property Ecosystem Restoration, Basis of Design

1.
Documented Achieve fill volume
fill
removal quantities
volume removals
and design grades

N/A – complete
specified grading
and channel
connection

2.
As-built
topographic survey
3.
Photographic
documentation of
finished grades

2/12

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Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES

.2 - Excavate North end
of pit access road and
redistribute clean fill
materials on-site

Excavate and
redistribute
clean fill
materials to
achieve
reconnection of
the Main Oxbow
reaches that are
immediately
northeast and
southwest of the
north end of the
Central Pit
Access Road.

Reconnection achieved
consistent with plans in C-8

Klock Property Ecosystem Restoration, Basis of Design

1.
Documented Achieve fill volume
fill volume removals removal quantities
and design grades
2.
As-built
topographic survey

N/A – complete
specified grading
and channel
connection

3.
Photographic
documentation of
finished grades

3/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 115 of 227

Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES

Central Pit Cleanup
2.2.1 - Central Pit
cleanup measures as
necessary to satisfy
Federal, Washington
State, and Snohomish
County requirements

Unsuitable fill removals and
Remove all
unsuitable fill
finish grading achieved
materials from
consistent with plans in C-16
the Central Pit
work area and
haul off site
consistent with
Federal,
Washington
State, and
Snohomish
County
Requirements.
After fill
removals,
regrade the work
area with smooth
transitions to the
surrounding
landscape.

Klock Property Ecosystem Restoration, Basis of Design

1.
Documented Achieve removal of
fill
unsuitable fill and
volume removals
design grades

N/A – complete
specified unsuitable
fill removal(s) and
finish grading

2.
As-built
topographic survey
3.
Photographic
documentation of
finished grades

4/12

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Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES
Finish grading achieved
1. Documented fill
Achieve finish
N/A – achieve
2.2.2 – Complete bulk Create a finish
grade surface
consistent with field
volume removals
grades suitable for
specified finish
and finish grading and
suitable for
direction of the Construction 2. As-built
planting
grades for planting
site cleanup work to
reforestation of
Oversight Team.
topographic survey
support establishment
this work area
3. Photographic
of a mosaic of a
documentation of
forested plant
finished grades

community

Klock Property Ecosystem Restoration, Basis of Design

5/12

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Task 3 – North South
Access Road
3.1.1 - Create at-grade Excavate and
crossing at north end of redistribute
north-south access road clean fill

materials to
achieve
reconnection of
the Main Oxbow
reaches that are
immediately
northeast and
southwest of the
3.1.1 work area
identified in
Figures 9 and 10
of this BOD

Reconnection achieved
consistent with plans in
C-9

Klock Property Ecosystem Restoration, Basis of Design

1.
Documented Achieve fill volume
fill
removal quantities
volume removals
and design grades
2.
As-built
topographic survey

N/A – complete
specified grading
and channel
connection/at grade
crossing

3.
Photographic
documentation of
finished grades

6/12

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Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES
1.
Documented Achieve fill volume N/A – complete
3.1.2 - Create at-grade Excavate &
Reconnection achieved
redistribute
fill
removal quantities
specified grading
crossing in middle of
consistent with plans in
volume removals
and design grades
and channel
north-south access road clean fill
C-6
materials to
connection/at grade
achieve
crossing
2.
As-built
reconnection of
topographic survey
the Main Oxbow
reaches that are
3.
Photographic
immediately
documentation of
northeast and
finished grades
southwest of the
3.1.2 work area
1.
Documented Achieve fill volume N/A – complete
Remove and
3.1.3 - Remove fill at
Fill removed and
specified fill
stations 57+00; 65+00 redistribute
redistributed in three work fill volume removals removal quantities
clean fill
and design grades
removals and
& 68+00 at the south
areas, graded smooth
materials from
grading
2.
As-built
end of the north-south
transitions to surrounding
these three work
topographic survey
access road,
landscapes
areas and
redistribute clean fill
complete finish
3.
Photographic
materials on site
grades with
documentation of
smooth
finished grades
transitions to
surrounding
landscapes

Klock Property Ecosystem Restoration, Basis of Design

7/12

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Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES

Task 4 – Tributary
Stream Daylight and
Restore
4.1.1 - Excavate
tributary channel with
riparian buffer (50 ft
either side of the left
and right channel bank
ordinary high water
marks.
Abandon/destroy
function of pipe under
tree farm, and
redistribute clean fill
materials on site

Abandonment of
existing
culvert/pipe
system and
establishment of
a new tributary
channel and
associated buffer

Culvert/pipe system
abandoned and
construction of new
channel and buffer
consistent with plans in
C-13

Klock Property Ecosystem Restoration, Basis of Design

1.
Documented
culvert/pipe
decommissioning
and new tributary
channel construction
2.
As-built
topographic survey

Achieve culvert/pipe
decommissioning
and channel
construction to
design grades &
establish buffer

N/A – complete
specified
culvert/pipe
decommissioning,
channel construction
and buffer
establishment

3.
Photographic
documentation of
finished grades

8/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 120 of 227

Task 5 – Hay Bale
Removal- Southwest
Corner of Main
Oxbow
5.1.1 - Remove all
plastic hay bales from
the SW Corner of the
main oxbow haul off
site and dispose

Removal of the
existing pile of
plastic covered
hay

No residual stockpiled and Photographic
documentation of
plastic covered hay

Klock Property Ecosystem Restoration, Basis of Design

No hay bales
remaining

N/A

hay bale removal

9/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 121 of 227

Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS, MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES

Task 6 – Northeast
Corner of the Klock
Property in the River
Channel
6.1.1 - At low water,
remove concrete
blocks and other fill
materials (solid/nongranular) in the river
channel and along the
river bank at the NE
corner of the site. Haul
off site and dispose.

Remove
concrete blocks
and other fill
materials
(solid/non
granular) in the
river channel and
along the river
bank at the NE
corner of the site.
Haul off site and
dispose.

No residual fill materials
in the river channel

Klock Property Ecosystem Restoration, Basis of Design

Photographic
documentation of
concrete block
removals

No residual concrete N/A
block materials
remaining

10/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 122 of 227

Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS,
MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES

Task 7 – Purchase
plants, Plant
Installations,
Irrigation, and Weed
Control
7.1.1 - Purchase Plants
Purchase all specified
bare root conifers, and
either purchase or
prepare on site
cuttings/live stakes of
native willows, black
cottonwoods, and
native shrubs
7.1.2 – Install procured
plants or propagated
plants throughout the
site as specified in the
planting plan
(approximately 19.4
acres)

On time
procurement and
transfer of
healthy native
tree, shrub, and
undergrowth
plants to the
Tulalip Tribes

Transfer of healthy native
plants in quantities that
are consistent with the
plant take off schedules
shown on plan sheet C-19

Documentation of
successful transfer of
procured plants via
receipts/sign off from
Tulalip Tribes

Transfer of healthy
native plants in
quantities that are
consistent with the
plant take off
schedules shown on
plan sheet C-19

If BWT fails on time
procurement, then
transfer responsibility
for procurement (not
payment) to Tulalip
Tribes.

1-2 year phased
planting of up to
19.4 acres with
native tree,
shrub, and
undergrowth
species.

Installation of healthy
native tree, shrub and
undergrowth plants
consistent with the plans
and take off schedules
shown on plan sheets
C-18 and C-19

Documentation of
Plant installations
consistent with plant
take off tables by
planting zone.

Installation of
healthy native tree,
shrub and
undergrowth plants
consistent with the
plans and take off
schedules shown on
plan sheet C-18 and

N/A - or if for some
reason planting is
delayed, then revise
phased plantings to
complete installation
of take off schedules

C-19

Klock Property Ecosystem Restoration, Basis of Design

11/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 123 of 227

Table 4 – Task by Task Summary of Project Targets, Project Standards, Measurement Methods, Success Criteria, & Contingency
Measures for the Klock Property Restoration, Snohomish County, Washington
TASK (Number
PROJECT
PROJECT STANDARDS,
MEASUREMENT
SUCCESS
RECOMMENDED
and Name)
TARGETS
IMPLEMENTATION
METHODS
CRITERIA
FIRST RESPONSE
PROCEDURES
CONTINGENCY
MEASURES
1. Call irrigation
Irrigate if
Documentation Establishment of >
7.1.3 – Irrigation
Minimize plant mortality 1.
procedures early 2.
necessary to
of irrigation efforts
400 stems per acre
2year irrigation of
due to water stress during
Apply more water if
ensure survival
and schedules
of woody native
the first three growing
planted stock during
needed over broader
of planted stock seasons.
plant species after
dry season - if
areas
year 3 growing
2.
Minimal
necessary
3. Set up temporary
season
mortality (<50%
but automatic
planted stock loss) due
irrigation regimes
to water stress during
first three growing
seasons
All restoration
1.
More
Restoration area
7.1.4 – Year 2 and 3
Restoration area plantings Documentation of areas are
plantings are free to frequent mechanical
are free to grow/not
Weed Controls
dominated by
controls
grow/not impeded
1.
% Canopy
impeded by weeds and
native species
2.
Use of EPA
by weeds and
Coverage by
canopy cover is
Registered herbicides
and on a
canopy cover is
planting Zone
dominated by native
Clearing and
trajectory to
dominated by native 3.
species.
replanting areas that
become
2.
Dominance of species.
are lost to weeds
relatively free of
planting zones canopy
4.
Some
non-native
coverage by
combination of the
invasive weeds
native species
above
3.
Photographs of
representative
conditions by planting
zone

Klock Property Ecosystem Restoration, Basis of Design

12/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 124 of 227

Table 5. Table of Potentially Required Permits for the Klock Property Restoration
(Note: Additional permits may be required)

PERMIT
Clean Water Act (CWA) Section
404/Nationwide 32
Water Quality Certification (CWA)
Section 401
Section 7 Consultation for Endangered
Species
Section 106 – Historic Preservation
Hydraulic Projects Approval (HPA)
Construction Storm water General Permit
State Environmental Policy Act
Shoreline Permit
Land Disturbing Activity Permit
Critical Aras Permit
Flood Hazard Permit

AGENCY
United States Army Corps of Engineers
Washington State Department of Ecology
National Marine Fisheries Service/USFWS
DAHP and Tribes
Washington Department of Fish and Wildlife
Washington State Department of Ecology
Snohomish County
Snohomish County
Snohomish County
Snohomish County
Snohomish County

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 125 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Scientific Name Common
Name

Nat’l
Wetland
Indicator
status

Preferred
Stock

Microsite/Planting Other
Preferences

TREES
Abies grandis

Grand fir

FACU

2/0 or
jumbo bare
root from
northern
Puget
Sound
lowlands
Provenance

Moist microsites
not subject to
regular flooding
and above
elevation 76 ft

Conifer –
shade
tolerant

Acer
macrophyllum

Big Leaf
Maple

FACU

1 gallon
pots from
northern
Puget
Sound
lowlands
Provenance
or
volunteers
from seed

Moist microsites
Broad Leaf
throughout the site Deciduous
not subject to
regular flooding
and above elevatin
76 ft

Alnus rubra

Red alder

FAC

Volunteers Anywhere on site
or seed
above elevation 76
collected
ft
on the
Klock
Property or
from other
local
sources or
1 gallon
pots

Broad Leaf
Deciduous,
fixes
nitrogen

1/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 126 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Fraxinus
latifolia

Oregon Ash

FACW

Live
cuttings
from local
sources

Anywhere on site
elevation 76 ft or
above

Broad Leaf
Deciduous
and able to
grow
through reed
canary grass

Picea sitchensis

Sitka Spruce

FAC

2/0 or
jumbo bare
root from
northern
Puget
Sound
lowlands
Provenance

Moist microsites
not subject to
regular overbank
flooding and above
elevation 76 ft

Conifer –
shade
tolerant and
able to grow
through
reed-canary
grass

Populus
trichocarpa

Black
Cottonwood

FACW

Live
cuttings
from the
Klock
property or
from other
local
sources

Anywhere on site
elevation 76 ft or
above

Broad Leaf
Deciduous

Pseudotsuga
menziesii

Douglas-fir

FACU

2/0 or
jumbo bare
root from
northern
Puget
Sound
lowlands
Provenance

Mounds or
microsites
Elevation 78 or
above

Conifer –
Intermediate
shade
tolerance

2/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 127 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Rhamnus
purshiana

Cascara

Upland

Live cuttings
from the
north Puget
Sound
lowlands
Provenance;
1 gallon pots

Interior forest or
nearly level
terrain not
subject to long
term flooding or
soil saturation

Intermediate
shade
tolerance to
shade
tolerant.
Young
individuals
can
withstand
full sun

Salix
scouleriana

Scouler
Willow

FAC

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or nearly
level microsites
not subject to
long term
flooding or soil
saturation

Broad Leaf
Deciduous;
Generally
shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

3/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 128 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Salix sitchensis

Stika Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or nearly
level microsites
not subject to
long term
flooding or soil
saturation

Broad Leaf
Deciduous;
Generally
shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding
Salix hookeriana Hooker
Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or nearly
level microsites
not subject to
long term
flooding or soil
saturation

Broad Leaf
Deciduous;
Generally
shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

4/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 129 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Salix lucida ssp. Pacific Willow FACW
lasiandra

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or nearly
level microsites
not subject to
long term
flooding or soil
saturation

Broad Leaf
Deciduous;
Generally
shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Salix prolixa
(S. rigida
mackenzieana)

MacKenzie
Willow

OBL

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or nearly
level microsites
not subject to
long term
flooding or soil
saturation

Broad Leaf
Deciduous;
Generally
shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Thuja plicata

Western Red
Cedar

FAC

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Moist microsites Conifer –
and mounds not Shade
subject to regular tolerant
flooding and
above elevation
76 ft

5/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 130 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
SHRUBS
Acer circinatum Vine maple

FAC

1 gallon pots Moist microsites
from
above elevation
northern
76 ft
Puget Sound
lowlands
Provenance

Cornus
stolonifera

Red Osier
Dogwood

FACW

Cuttings
from local
sources

Anywhere on site
and can
withstand some
flooding but not
long duration
ponding/strongly
anoxic conditions

Lonicera
involucrata

Twinberry

FAC

1 gallon pots
from
northern
Puget Sound
lowlands
Provenance

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Oemleria
ceraciformis

Osoberry/
Indian Plum

FACU

1 gallon pots
or live
cuttings
from
northern
Puget Sound
lowlands
Provenance

Moist woods on
sites that are not
regularly subject
to inundation or
saturation of soils

Shade
tolerant and
favors moist
microsites

Intermediate
shade
tolerance can
withstand
full sun

6/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 131 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Physocarpus
capitatus

Ninebark

FACW

One gallon
pots

Anywhere on site
not subject to
regular flooding
and above
elevation 76 ft

Ribes
sanguineum or
hudsonianum

Goose Berry

FACU
(R. San.)
or FACW
(R. hud.)

1 gallon
Anywhere on site
pots from
above elevation 76
northern
ft
Puget
Sound
lowlands
Provenance

Rosa nutkana

Nootka Rose

FAC

1 gallon
Anywhere on site
pots from
above elevation 76
northern
ft
Puget
Sound
lowlands
Provenance

Rubus
parviflorus

Thimbleberry

FACU

1 gallon
Anywhere on site
pots from
above elevation 76
northern
ft
Puget
Sound
lowlands
Provenance

Rubus
spectabilis

Salmonberry

FAC

Intermediate
shade
tolerance

1 gallon
Anywhere on site
pots from
above elevation 76
northern
ft
Puget
Sound
lowlands
Provenance

Intermediate
shade
tolerance to
full sun in
younger
plants

7/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 132 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Sambucus
racemosa

Elderberry

FACU

Cuttings
Anywhere on site
from local above elevation 76
sources or ft
1 gallon
pots from
northern
Puget
Sound
lowlands
Provenance

Spiraea
douglasii

Hardhack

FACW

Live
cuttings or
1 gallon
pots from
northern
Puget
Sound
lowlands
Provenance

Favors wet
microsites and can
withstand some
flooding or long
duration
ponding/saturated
soils

FACU

1 gallon
pots from
northern
Puget
Sound
lowlands
Provenance

Uplands including Can
micro mound tops; withstand
Above elevation
full sun
77 – drier
microsites

Symphoricarpos Snowberry
albus

8/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 133 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Graminoids,
Forbs, Ferns and
Fern Allies

Agrostis alba

Red top

FAC

Seed by
hand on
mineral
soils or
incorporate
into native
seed mix
and
hydroseed

Somewhat poorly
drained to (early)
seasonally
saturated sites

Athyrium felifemina

Lady fern

FAC

1 gallon
pots

Moist microsites
and fringes of
shallow
depressions or
along Main
Oxbow edges on
siste that can be
saturated for brief
periods (1-2
monts) early in the
growing season

Shade
tolerant;
does not do
well in full
sun

Festuca rubra

Red fescue

FAC

Hand seed
or
incorporate
into native
seed mix
for hydro
seeding

Bare mineral soil
areas where turf
forming grasses
are prescribed

Somewhat
shade
tolerant;
Can
withstand
full sun and
seasonal
(early)
saturation
of soils

9/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 134 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Juncus effusus

Slough sedge

FACW

Propagate
in flats then
section into
plugs or
squares

Moist microdepressions and
the margins of the
Main Oxbow

Shade
tolerant and
robust

Poa secunda

Bluegrass

FACU

Hand seed
or
incorporate
into native
seed mix
for
hydroseedi
ng

Bare mineral soil
areas where turf
forming grasses
are prescribed

Somewhat
shade
tolerant;
Can
withstand
full sun and
seasonal
(early)
saturation
of soils

Scirpus
microcarpus

Panicled
bulrush

OBL

Hand seed
or divide 1
gallon pots
into plugs

Moist depressions
and/or saturated
soils on nearly
level terrain

Can
withstand
full sun

10/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 135 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Native
Hydroseed Mix

Native Hydroseed mix to be applied
following grading/ground disturbance
activities for erosion control and invasive
species suppression.

Agrostis alba

Red top

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Elymus
glaucus

Blue wildrye

FACU

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Glyceria elata

Tall
Managrass

FACW

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Bare mineral
soil areas where
turf forming
grasses are
prescribed

Somewhat
shade
tolerant;
Can
withstand
full sun and
seasonal
(early)
saturation
of soils

11/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 136 of 227

Table 6. Candidate Tree, Shrub, Graminoids, Forbs/Ferns/Fern Allies/Emergent
Species and Specifications for the Klock Property Restoration
Hordeum
Meadow
brachyantherum Barley

FACW

Hand seed or
incorporate into
native seed mix
for
hydroseeding

Poa secunda

Bluegrass

FACU

Hand seed or
incorporate into
native seed mix
for
hydroseeding

Scirpus
microcarpus

Panicled
bulrush

OBL

Hand seed or
incorporate into
native seed mix
for
hydroseeding

12/12

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 137 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Scientific Name Common
Name

Nat’l
Wetland
Indicator
Status

TREES

Preferred
Stock

Microsite
Preferences

Quantity/Density

Primary assemblage component with minimum
density of 400 trees per acre

Abies grandis

Grand fir

FACU

2/0 or
jumbo bare
root from
northern
Puget Sound
lowlands
Provenance

Moist
microsites not
subject to
regular
flooding and
above elevation
76 ft

Potential tree for
added diversity.
Small
quantity/density.

Acer
macrophyllum

Big Leaf
Maple

FACU

1 gallon
pots from
northern
Puget Sound
lowlands
Provenance

Moist
microsites not
subject to
regular
flooding and
above elevation
76 ft

Potential tree for
added diversity.
Small
quantity/density.
Likely
natural
recruitment.

Alnus rubra

Red alder

FAC

Seed
Anywhere on
collected on site above
the Klock
elevation 76 ft
Property or
from other
local
sources or 1
gallon pots

Potential tree for
added diversity.
Small
quantity/density.
Likely
natural
recruitment.

1/8

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Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Fraxinus
latifolia

Oregon Ash FACW

Live
cuttings
from local
sources

Anywhere on
site above
elevation 76 ft

Potential tree for
added diversity.
Small
quantity/density.

Picea sitchensis

Sitka Spruce FAC

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Moist
microsites not
subject to
regular
overbank
flooding and
above elevation
76 ft

Moderate
quantity/density
where moist
microsites allow.

Populus
trichocarpa

Black
FAC
Cottonwood

Anywhere on
Live
site above
cuttings
elevation 76 ft
from the
Klock
property or
from other
local sources

Moderate
quantity/density
where moist
microsites allow.

Pseudotsuga
menziesii

Douglas-fir

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Mounds or
microsites
Elevation 78 ft
or above

Primary tree with
large quantities
and densities in
dry sites.

FACU

2/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 139 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Salix scouleriana

Scouler
Willow

FAC

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation

Broad Leaf
Deciduous;
Generally
shade intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding
Salix sitchensis

Stika Willow FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

3/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 140 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Salix hookeriana

Salix lucida ssp.
lasiandra

Hooker
Willow

Pacific
Willow

FACW

FACW

Live
cuttings
from the
Klock
property or
from other
local
sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation

Live
cuttings
from the
Klock
property or
from other
local
sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation

Broad Leaf
Deciduous;
Generally
shade intolerant

Favors wet
microsites and
can withstand
some flooding
or long
duration
ponding
Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

4/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 141 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Salix prolixa
(S. rigida
mackenzieana)

MacKenzie
Willow

OBL

Live
cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

Rosa nutkana

Nootka Rose

FAC

1 gallon
Anywhere on
pots from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Moderate
quantity/density.

Rubus
parviflorus

Thimbleberry

FACU

1 gallon
Anywhere on
pots from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Rubus
spectabilis

Salmonberry

FACU

1 gallon
Anywhere on
pots from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

5/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 142 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Sambucus
racemosa

Elderberry

FACU

Cuttings
Anywhere on
from local
site above
sources or 1 elevation 76 ft
gallon pots
from
northern
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Symphoricarpos
albus

Snowberry

FACU

1 gallon
Above
pots from
elevation 77 –
northern
drier microsites
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

6/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 143 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Native
Hydroseed
Mix

Native Hydroseed mix to be applied following
grading/ground disturbance activities for
erosion control and invasive species
suppression.

Agrostis alba

Red top

FAC

Hand seed
or incorporate
into native seed
mix for
hydroseeding

Elymus
glaucus

Blue wildrye

FACU

Hand seed
or incorporate
into native seed
mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed
or incorporate
into native seed
mix for
hydroseeding

Bare mineral
soil areas
where turf
forming
grasses are
prescribed

Somewhat
shade tolerant;
Can withstand
full sun and
seasonal
(early)
saturation of
soils

7/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 144 of 227

Table 7. Plant Assemblage A (Primarily Upland and Dry Sites)
Hordeum
Meadow
brachyantherum Barley

FACW

Hand seed
or incorporate
into native seed
mix for
hydroseeding

Poa secunda

FACU

Hand seed
or incorporate
into native seed
mix for
hydroseeding

Bluegrass

8/8

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 145 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
Scientific
Name

Common
Name

TREES

Nat’l
Wetland
Indicator
Status

Preferred
Stock

Microsite
Preferences

Quantity/Density

Primary assemblage component with minimum density of 400
trees per acre

Abies grandis

Grand fir

FACU

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Moist microsites
not subject to
regular flooding
and above
elevation 76 ft

Potential tree for
added diversity.
Small
quantity/density.

Acer
macrophyllum

Big Leaf
Maple

FACU

1 gallon pots
from
northern
Puget Sound
lowlands
Provenance

Moist microsites
not subject to
regular flooding
and above
elevation 76 ft

Potential tree for
added diversity.
Small
quantity/density.
Likely natural
recruitment.

Alnus rubra

Red alder

FAC

Seed
Anywhere on
collected on site above
the Klock
elevation 76 ft
Property or
from other
local sources
or 1 gallon
pots

Fraxinus
latifolia

Oregon Ash FACW

Potential tree for
added diversity.
Small
quantity/density.
Likely natural
recruitment.

Live cuttings Anywhere on
Potential tree for
from local
site elevation 76 added diversity.
sources
ft or above
Small
quantity/density.

1/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 146 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
Picea
sitchensis

Sitka
Spruce

FAC

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Moist microsites
not subject to
regular
overbank
flooding and
above elevation
76 ft

Primary tree with
large quantities
and densities in
moist/wet sites.

Populus
trichocarpa

Black
Cottonwoo
d

FAC

Live cuttings Anywhere on
from the
site elevation 76
Klock
ft or above
property or
from other
local sources

Primary tree with
large quantities
and densities in
moist/wet sites.

Pseudotsuga
menziesii

Douglas-fir FACU

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Mounds or
microsites
Elevation 77 or
above

Moderate
quantity/density
where dry
microsites allow.

Salix
scouleriana

Scouler
Willow

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

FAC

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

2/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 147 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
Salix sitchensis Stika
Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding
Salix
hookeriana

Hooker
Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding
Salix lucida
ssp. lasiandra

Pacific
Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

3/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 148 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
Salix prolixa
MacKenzie OBL
(S. rigida
Willow
mackenzieana)

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding
Thuja plicata

Western
Red Cedar

FAC

2/0 or jumbo
bare root
from
northern
Puget Sound
lowlands
Provenance

Moist microsites
and mounds not
subject to
regular flooding
and above
elevation 76 ft

Primary tree with
large quantities
and densities in
moist/wet sites.

4/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 149 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
SHRUBS

Moderate assemblage component with minimum density of
100 shrubs per acre

Acer
circinatum

Vine maple FAC

1 gallon pots Moist microsites
from
above elevation
northern
76 ft
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Cornus
stolonifera

Red Osier
Dogwood

FACW

Cuttings
from local
sources

Anywhere on
site and can
withstand some
flooding but not
long duration
ponding/strongl
y anoxic
conditions

Primary shrub
with large
quantities and
densities in
moist/wet sites.

Lonicera
involucrata

Twinberry

FAC

1 gallon pots
from
northern
Puget Sound
lowlands
Provenance

Favors wet
Moderate
microsites and
quantity/density.
can withstand
some flooding
or long duration
ponding

Physocarpus
capitatus

Ninebark

FACW

One gallon
pots

Anywhere on
site not subject
to regular
flooding and
above elevation
76 ft

Ribes
sanguineum

Goose
Berry

FACW

1 gallon pots Anywhere on
from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Moderate
quantity/density.

Potential for
added diversity.
Small
quantity/density.

5/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 150 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
Rosa nutkana

Nootka
Rose

Rubus
parviflorus

FAC

1 gallon pots Anywhere on
from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Moderate
quantity/density.

Thimbleber FACU
ry

1 gallon pots Anywhere on
from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Rubus
spectabilis

Salmonberr FAC
y

1 gallon pots Anywhere on
from
site above
northern
elevation 76 ft
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Sambucus
racemosa

Elderberry

FACU

Cuttings
Anywhere on
from local
site above
sources or 1 elevation 76 ft
gallon pots
from
northern
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Spiraea
douglasii

Hardhack

FACW

1 gallon pots
from
northern
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

6/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 151 of 227

Table 8. Plant Assemblage B (Primarily Wet, Seasonally Wet, or Wetlands)
Native
Hydroseed Mix

Native Hydroseed mix to be applied
following grading/ground disturbance
activities for erosion control and invasive species
suppression.

Agrostis alba

Red top

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Juncus effusus

Slough
sedge

FACW Propagate in
flats then
section into
plugs or
squares

Glyceria elata

Tall
Managrass

FACW Hand seed or
incorporate
into native
seed mix for
hydroseeding

Hordeum
brachyantherum

Meadow
Barley

FACW Hand seed or
incorporate
into native
seed mix for
hydroseeding

Scirpus
microcarpus

Panicled
bulrush

OBL

Bare mineral soil
areas where turf
forming grasses
are prescribed

Somewhat
shade tolerant;
Can withstand
full sun and
seasonal
(early)
saturation of
soils

Moist
Shade
microdepressions tolerant
and the margins
of the Main
Oxbow

Hand seed or
incorporate
into native
seed mix for
hydroseeding

7/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 152 of 227

8/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 153 of 227

Table 9. Plant Assemblage C (Riparian Areas)
Scientific Name Common
Name

Nat’l
Preferred
Wetland Stock
Indicator
Status

Microsite
Preferences

Quantity/Density

TREES

Primary assemblage component with minimum density of
400 trees per acre

Abies grandis

Grand fir

FACU

2/0 or
jumbo bare
root from
northern
Puget
Sound
lowlands
Provenance

Moist
microsites not
subject to
regular flooding
and above
elevation 76 ft

Potential tree for
added diversity.
Small
quantity/density.

Acer
macrophyllum

Big Leaf
Maple

FACU

1 gallon
pots from
northern
Puget
Sound
lowlands
Provenance

Moist
microsites
throughout the
site not subject
to regular
flooding and
above elevation
76 ft

Potential tree for
added diversity.
Small
quantity/density.
Likely natural
recruitment.

Alnus rubra

Red alder

FAC

Seed
Anywhere on
collected on site above
the Klock
elevation 76 ft
Property or
from other
local
sources or 1
gallon pots

Potential tree for
added diversity.
Small
quantity/density.
Likely natural
recruitment.

1/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 154 of 227

Table 9. Plant Assemblage C (Riparian Areas)
Fraxinus
latifolia

Oregon Ash

FACW

Live cuttings
from local
sources

Anywhere on
Potential tree for
site elevation 76 added diversity.
ft or above
Small
quantity/density.

Picea sitchensis Sitka Spruce

FAC

2/0 or jumbo
bare root
from northern
Puget Sound
lowlands
Provenance

Moist microsites
not subject to
regular overbank
flooding and
above elevation
76 ft

Populus
trichocarpa

Black
Cottonwood

FAC

Live cuttings
from the
Klock
property or
from other
local sources

Anywhere on
Primary tree
site elevation 76 with large
ft or above
quantities and
densities in
moist microsites.

Pseudotsuga
menziesii

Douglas-fir

FACU

2/0 or jumbo
bare root
from northern
Puget Sound
lowlands
Provenance

Mounds or
microsites
Elevation 77 or
above

Primary tree
with large
quantities and
densities in dry
microsites.

Salix
scouleriana

Willow

FAC

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation.
Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Broad Leaf
Deciduous;
Generally shade
intolerant

Primary tree
with large
quantities and
densities in
moist microsites.

2/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 155 of 227

Table 9. Plant Assemblage C (Riparian Areas)
Salix sitchensis

Stika Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation

Broad Leaf
Deciduous;
Generally shade
intolerant

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding
Salix lucida ssp. Pacific
lasiandra
Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding or
soil saturation.
Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Broad Leaf
Deciduous;
Generally shade
intolerant

Thuja plicata

FAC

2/0 or jumbo
bare root
from northern
Puget Sound
lowlands
Provenance

Moist microsites
and mounds not
subject to
regular flooding
and above
elevation 76 ft

Primary tree
with large
quantities and
densities in
moist microsites.

Western Red
Cedar

3/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 156 of 227

Table 9. Plant Assemblage C (Riparian Areas)
SHRUBS

Moderate assemblage component with minimum density of
100 shrubs per acre

Acer circinatum Vine maple

FAC

1 gallon pots Moist microsites
from northern above elevation
Puget Sound 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Cornus
stolonifera

Red Osier
Dogwood

FACW

Cuttings from Anywhere on
local sources site and can
withstand some
flooding but not
long duration
ponding/strongl
y anoxic
conditions

Primary shrub
with large
quantities and
densities in
moist/wet sites.

Lonicera
involucrata

Twinberry

FAC

1 gallon pots
from northern
Puget Sound
lowlands
Provenance

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Potential for
added diversity.
Small
quantity/density.

Physocarpus
capitatus

Ninebark

FACW

One gallon
pots

Anywhere on
site not subject
to regular
flooding and
above elevation
76 ft

Primary shrub
with large
quantities and
densities in
moist/wet sites.

Ribes
sanguineum

Goose Berry

FACU

1 gallon pots Anywhere on
from northern site above
Puget Sound elevation 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Rosa nutkana

Nootka Rose

FAC

1 gallon pots Anywhere on
from northern site above
Puget Sound elevation 76 ft
lowlands
Provenance

Moderate
quantity/density.

4/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 157 of 227

Table 9. Plant Assemblage C (Riparian Areas)
Rubus
parviflorus

Thimbleberry FACU

1 gallon pots Anywhere on
from northern site above
Puget Sound elevation 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Rubus
spectabilis

Salmonberry

FAC

1 gallon pots Anywhere on
from northern site above
Puget Sound elevation 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Sambucus
racemosa

Elderberry

FACU

Cuttings from Anywhere on
local sources site above
or 1 gallon
elevation 76 ft
pots from
northern
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Spiraea
douglasii

Hardhack

FACW

1 gallon pots
from northern
Puget Sound
lowlands
Provenance

Primary shrub
with large
quantities and
densities in
moist/wet sites.

FACU

1 gallon pots Above elevation
from northern 77 – drier
Puget Sound microsites
lowlands
Provenance

Symphoricarpos Snowberry
albus

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Potential for
added diversity.
Small
quantity/density.

5/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 158 of 227

Table 9. Plant Assemblage C (Riparian Areas)
Native
Hydroseed Mix

Native Hydroseed mix to be applied following
grading/ground disturbance activities for erosion control and
invasive species suppression.

Agrostis alba

Red top

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Elymus
glaucus

Blue wildrye

FACU

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Hordeum
Meadow
brachyantherum Barley

FACW

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Poa secunda

FACU

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Bluegrass

Shade tolerant

Bare mineral
soil areas where
turf forming
grasses are
prescribed

Somewhat shade
tolerant; Can
withstand full
sun and seasonal
(early)
saturation of
soils

6/7

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 159 of 227

Table 10. Plant Assemblage D (Low Growing Riparian Areas)
Scientific Name Common
Name

Nat’l
Preferred
Wetland Stock
Indicator
Status

TREES

Microsite
Preferences

Quantity/Density

Primary assemblage component with
minimum density of 400 trees per acre

Salix
scouleriana

Scouler
Willow

FAC

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation.
Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

Broad Leaf
Deciduous;
Generally shade
intolerant

Salix sitchensis

Stika Willow

FACW

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or
nearly level
microsites not
subject to long
term flooding
or soil
saturation.
Favors wet
microsites and
can withstand
some flooding
or long duration
ponding

Broad Leaf
Deciduous;
Generally shade
intolerant

1/5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 160 of 227

Table 10. Plant Assemblage D (Low Growing Riparian Areas)
Salix lucida ssp. Pacific
lasiandra
Willow

FACW

SHRUBS

Live cuttings
from the
Klock
property or
from other
local sources

Mounds or nearly
level microsites
not subject to
long term
flooding or soil
saturation.
Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Broad Leaf
Deciduous;
Generally shade
intolerant

Moderate assemblage component with
minimum density of 100 shrubs per acre

Acer circinatum Vine maple

FAC

1 gallon pots Moist microsites
from northern above elevation
Puget Sound 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Cornus
stolonifera

Red Osier
Dogwood

FACW

Cuttings from Anywhere on site
local sources and can
withstand some
flooding but not
long duration
ponding/strongly
anoxic conditions

Primary shrub
with large
quantities and
densities in
moist/wet sites.

Lonicera
involucrata

Twinberry

FAC

1 gallon pots
from northern
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

2/5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 161 of 227

Table 10. Plant Assemblage D (Low Growing Riparian Areas)
Physocarpus
capitatus

Ninebark

FACW

One gallon
pots

Ribes
sanguineum

Goose Berry

FACW

1 gallon pots Anywhere on site
from northern above elevation
Puget Sound 76 ft
lowlands
Provenance

Rosa nutkana

Nootka Rose

FAC

1 gallon pots Anywhere on site Moderate
from northern above elevation
quantity/density.
Puget Sound 76 ft
lowlands
Provenance

Rubus
parviflorus

Thimbleberry FACU

1 gallon pots Anywhere on site
from northern above elevation
Puget Sound 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Rubus
spectabilis

Salmonberry

1 gallon pots Anywhere on site
from northern above elevation
Puget Sound 76 ft
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

FAC

Anywhere on site
not subject to
regular flooding
and above
elevation 76 ft

Primary shrub
with large
quantities and
densities in
moist/wet sites.
Potential for
added diversity.
Small
quantity/density.

3/5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 162 of 227

Table 10. Plant Assemblage D (Low Growing Riparian Areas)
Sambucus
racemosa

Elderberry

FACU

Cuttings from Anywhere on site
local sources above elevation
or 1 gallon
76 ft
pots from
northern
Puget Sound
lowlands
Provenance

Potential for
added diversity.
Small
quantity/density.

Spiraea
douglasii

Hardhack

FACW

1 gallon pots
from northern
Puget Sound
lowlands
Provenance

Primary shrub
with large
quantities and
densities in
moist/wet sites.

FACU

1 gallon pots Above elevation
from northern 77 ft – drier
Puget Sound microsites
lowlands
Provenance

Symphoricarpos Snowberry
albus

Native
Hydroseed Mix

Favors wet
microsites and
can withstand
some flooding or
long duration
ponding

Potential for
added diversity.
Small
quantity/density.

Native Hydroseed mix to be applied following
grading/ground disturbance activities for erosion
control and invasive species suppression.

Agrostis alba

Red top

FAC

Elymus
glaucus

Blue wildrye

FACU

Juncus effusus

Slough sedge

FACW

Hand seed or Shade tolerant
incorporate
into native
seed mix for
hydroseeding

Propagate in
flats then
section into
plugs or
squares

Shade tolerant

Moist
Shade tolerant
microdepressions
and the margins
of the Main
Oxbow

4/5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 163 of 227

Table 10. Plant Assemblage D (Low Growing Riparian Areas)
Festuca rubra

Red fescue

FAC

Hordeum
Meadow
brachyantherum Barley

Somewhat shade
tolerant; Can
withstand full sun
and seasonal
(early) saturation
of soils

FACW

Poa secunda

Bare mineral
soil areas
where turf
forming
grasses are
prescribed

FACU

Bluegrass

5/5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 164 of 227

Table 11. Plant Assemblage E (Native Emergent Plants and Erosion Control)
Scientific Name Common
Name

Nat’l
Wetland
Indicator
Status

Native
Hydroseed Mix

(Upland)

Native Hydroseed mix to be applied following
grading/ground disturbance activities for erosion control
and invasive species suppression.

Agrostis alba

Red top

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Elymus
glaucus

Blue wildrye

FACU

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Hordeum
Meadow
brachyantherum Barley

FACW

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Poa secunda

FACU

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Bluegrass

Preferred
Stock

Microsite
Quantity/
Preferences Density

Bare
mineral soil
areas where
turf forming
grasses are
prescribed

Somewhat shade
tolerant; Can
withstand full
sun and seasonal
(early)
saturation of
soils

1/3

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 165 of 227

Table 11. Plant Assemblage E (Native Emergent Plants and Erosion Control)
Scirpus
microcarpus

Panicled
bulrush

OBL

Native
Hydroseed Mix

(Wetland)

Native Hydroseed mix to be applied following
grading/ground disturbance activities for erosion control
and invasive species suppression.

Agrostis alba

Red top

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Glyceria elata

Tall
Managrass

FACW

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Hordeum
Meadow
brachyantherum Barley

FACW

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Scirpus
microcarpus

OBL

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Panicled
bulrush

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Bare
mineral soil
areas where
turf forming
grasses are
prescribed

Somewhat shade
tolerant; Can
withstand full
sun and seasonal
(early)
saturation of
soils

2/3

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 166 of 227

Table 11. Plant Assemblage E (Native Emergent Plants and Erosion Control)
Native
Hydroseed Mix

(Riparian)

Native Hydroseed mix to be applied
following grading/ground disturbance
activities for erosion control and invasive species
suppression.

Agrostis alba

Red top

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Elymus
glaucus

Blue wildrye

FACU

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Festuca rubra

Red fescue

FAC

Hand seed or
incorporate
into native
seed mix for
hydroseeding

Hordeum
Meadow
brachyantherum Barley

FACU

Somewhat
shade
tolerant; Can
withstand
full sun and
seasonal
(early)
saturation of
soils

FACW Hand seed or
incorporate
into native
seed mix for
hydroseeding

Poa secunda

Bare mineral soil
areas where turf
forming grasses
are prescribed

Bluegrass

Hand seed or
incorporate
into native
seed mix for
hydroseeding

3/3

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 167 of 227

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 168 of 227
Table 13: Planting Area 1, Takeoff 1C
Planting Area 1; Sheet C-3
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.04
1500
67
300
500
600
100
25
1.1

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
4
9
9
4
9
0
4
4
0
4
0
4
4
0
4
0
0
1
0
0
0
0
0
0
0
0.2
0.2
0.2
0
0.2
0.2
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 169 of 227
Table 14: Planting Area 2, Takeoff 2C
Planting Area 2; Sheet C-4
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.03
1500
40
300
500
600
100
25
0.7

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
3
5
5
3
5
0
3
3
0
3
0
2
3
0
3
0
0
1
0
0
0
0
0
0
0
0.1
0.1
0.1
0
0.1
0.1
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 170 of 227
Table 15 : Planting Area 3, Takeoff 3C
Planting Area 3; Sheet C-5
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.06
1500
85
300
500
600
100
25
1.4

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
1
1
0
1
6
11
11
6
11
0
6
6
0
6
0
5
6
0
6
1
0
1
0
1
0
0
0
0
0
0.3
0.3
0.3
0
0.3
0.3
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 171 of 227
Table 16 : Planting Area 4, Takeoff 4E
Planting Area 4; Sheet C-6
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

E - Native Emergent Plants and Erosion Control
0.21
N/A; Seed
N/A; Seed
0
0
0
0
35
7.2

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
2.1
1
0
1
2.1
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 172 of 227
Table 17: Planting Area 5, Takeoff 5C

5

Planting Area 5; Sheet C-7
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.21
1500
308
300
500
600
100
25
5.1

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
2
2
0
2
21
41
41
21
41
1
21
21
0
21
0
18
21
1
21
2
1
4
1
2
1
1
1
0
1
1
1
1
0
1
1
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 173 of 227
Table 18 : Planting Area 6, Takeoff 6C
Planting Area 6; Sheet C-8
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.24
1500
361
300
500
600
100
25
6

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
2
2
0
2
24
48
48
24
48
1
24
24
0
24
0
22
24
1
24
2
1
5
1
2
1
1
1
0
1
1.2
1.2
1.2
0
1.2
1.2
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 174 of 227
Table 19 : Planting Area 7, Takeoff 7E
Planting Area 7; Sheet C-9
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

E - Native Emergent Plants and Erosion Control
0.21
N/A; Seed
N/A; Seed
0
0
0
0
35.0
7.2

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
2.1
1
0
1
2.1
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 175 of 227
Table 20 : Planting Area 8, Takeoff 8C
Planting Area 8; Sheet C-10
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.27
1500
408
300
500
600
100
25
6.8

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
3
3
0
3
27
54
54
27
54
1
27
27
0
27
0
24
27
1
27
3
1
5
1
3
1
1
1
0
1
1.4
1.4
1.4
0
1.4
1.4
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 176 of 227
Table 21: Planting Area 8, Takeoff 8D
Planting Area 8; Sheet C-10
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

D - Low Growing Riparian Sites
0.36
1500
539
0
0
1200
300
25
9

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
108
108
0
108
0
0
0
2
108
18
4
22
2
18
2
4
22
0
16
1.8
1.8
1.8
0
1.8
1.8
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 177 of 227
Table 22 : Planting Area 9, Takeoff 9B
Planting Area 9; Sheet C-11
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

B - Primarily Wet, Seasonally Wet, or Wetland Sites
2.10
1500
3145
300
500
600
100
25
52.4

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
419
629
419
0
0
0
0
419
0
210
0
210
419
0
210
42
0
52
0
21
0
10
0
84
0
10.5
0
10.5
10.5
10.5
0
10.5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 178 of 227
Table 23: Planting Area 9, Takeoff 9C
Planting Area 9; Sheet C-11
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.50
1500
755
300
500
600
100
25
12.6

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
5
5
0
5
50
101
101
50
101
3
50
50
0
50
0
45
50
3
50
5
3
10
3
5
3
3
3
0
3
2.5
2.5
2.5
0
2.5
2.5
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 179 of 227
Table 24 : Planting Area 10, Takeoff 10C
Planting Area 10; Sheet C-12
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
2.71
1500
4062
300
500
600
100
25
67.7

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
27
27
0
27
271
542
542
271
542
14
271
271
0
271
0
244
271
14
271
27
14
54
14
27
14
14
14
0
14
13.5
13.5
13.5
0
13.5
13.5
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 180 of 227
Table 25 : Planting Area 10, Takeoff 10E
Planting Area 10; Sheet C-12
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

E - Native Emergent Plants and Erosion Control
2.47
N/A; Seed
N/A; Seed
0
0
0
0
35
86.3

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
12.3
24.7
12.3
0
12.3
24.7
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 181 of 227
Table 26 : Planting Area 11, Takeoff 11C
Planting Area 11; Sheet C-13
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.11
1500
166
300
500
600
100
25
2.8

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
1
1
0
1
11
22
22
11
22
1
11
11
0
11
0
10
11
1
11
1
1
2
1
1
1
1
1
0
1
0.55
0.55
0.55
0
0.55
0.55
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 182 of 227
Table 27 : Planting Area 11, Takeoff 11D
Planting Area 11; Sheet C-13
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

D - Low Growing Riparian Sites

Nat’l Wetland
Common Name
Indicator Status
Grand fir
FACU
Big Leaf Maple
FACU
Red alder
FAC
Oregon Ash
FACW
Sitka Spruce
FAC
Sitka Spruce
FAC
Black Cottonwood
FACW
Douglas-fir
FACU
Douglas-fir
FACU
Cascara
UPL
Scouler Willow
FAC
Sitka Willow
FACW
Hooker Willow
FACW
Pacific Willow
FACW
MacKenzie Willow
OBL
Western Red Cedar
FAC
Western Red Cedar
FAC
Vine maple
FAC
Red Osier Dogwood
FACW
Twinberry
FAC
Indian Plum
FACU
Ninebark
FACW
Goose Berry
FACU
Nootka Rose
FAC
Thimbleberry
FACU
Salmonberry
FAC
Elderberry
FACU
Hardhack
FACW
Snowberry
FACU
Red top (lbs)
FAC
Blue wildrye (lbs)
FACU
Red fescue (lbs)
FAC
Tall mannagrass (lbs)
FACW
Meadow barley (lbs)
FACW
Bluegrass (lbs)
FACU
Panicled bulrush (lbs)
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
18
18
0
18
0
0
0
0
18
3
1
4
0
3
0
1
4
0
3
0.31
0.31
0.31
0
0.31
0.31
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 183 of 227
Table 28: Planting Area 12, Takeoff 12E
Planting Area 12; Sheet C-14
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

E - Native Emergent Plants and Erosion Control
1.48
N/A; Seed
N/A; Seed
0
0
0
0
35
51.8

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
7.4
14.8
7.4
0
7.4
14.8
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 184 of 227
Table 29: Planting Area 13, Takeoff 13C
Planting Area 13; Sheet C-15
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

C - Riparian Sites
0.11
1500
166
300
500
600
100
25
2.8

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
1
1
0
1
11
22
22
11
22
1
11
11
0
11
0
10
11
1
11
1
1
2
1
1
1
1
1
0
1
0.6
0.6
0.6
0
0.6
0.6
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 185 of 227
Table 30: Planting Area 13, Takeoff 13D
Planting Area 13; Sheet C-15
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

D - Low Growing Riparian Sites
0.06
1500
92
0
0
1200
300
25
1.5

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
0
0
0
0
0
0
0
0
0
0
18
18
0
18
0
0
0
0
18
3
1
4
0
3
0
1
4
0
3
0.3
0.3
0.3
0
0.3
0.3
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 186 of 227
Table 31: Planting Area 14, Takeoff 14A
Planting Area 14; Sheet C-16
Planting Assemblage
Acres
Plants/Acre
Total Plants
Conifer Pots/Acre
BR Conifer/Acre
Stakes/Acre
Other Pots/Acre
Lbs Seed/Acre
Total Lbs of Seed

Latin Name
Abies grandis
Acer macrophyllum
Alnus rubra
Fraxinus latifolia
Picea sitchensis
Picea sitchensis
Populus trichocarpa
Pseudotsuga menziesii
Pseudotsuga menziesii
Rhamnus purshiana
Salix scouleriana
Salix sitchensis
Salix hookeriana
Salix lucida ssp. lasiandra
Salix prolixa (S. rigida mackenzieana)
Thuja plicata
Thuja plicata
Acer circinatum
Cornus stolonifera
Lonicera involucrata
Oemleria ceraciformis
Physocarpus capitatus
Ribes sanguineum
Rosa nutkana
Rubus parviflorus
Rubus spectabilis
Sambucus racemosa
Spiraea douglasii
Symphoricarpos albus
Agrostis alba
Elymus glaucus
Festuca rubra
Glyceria elata
Hordeum brachyantherum
Poa secunda
Scirpus microcarpus

A - Upland and Dry Sites
2.72
1500
4080
300
600
500
100
35.0
95.2

Common Name
Grand fir
Big Leaf Maple
Red alder
Oregon Ash
Sitka Spruce
Sitka Spruce
Black Cottonwood
Douglas-fir
Douglas-fir
Cascara
Scouler Willow
Sitka Willow
Hooker Willow
Pacific Willow
MacKenzie Willow
Western Red Cedar
Western Red Cedar
Vine maple
Red Osier Dogwood
Twinberry
Indian Plum
Ninebark
Goose Berry
Nootka Rose
Thimbleberry
Salmonberry
Elderberry
Hardhack
Snowberry
Red top (lbs)
Blue wildrye (lbs)
Red fescue (lbs)
Tall mannagrass (lbs)
Meadow barley (lbs)
Bluegrass (lbs)
Panicled bulrush (lbs)

Nat’l Wetland
Indicator Status
FACU
FACU
FAC
FACW
FAC
FAC
FACW
FACU
FACU
UPL
FAC
FACW
FACW
FACW
OBL
FAC
FAC
FAC
FACW
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACU
FACW
FACU
FAC
FACU
FAC
FACW
FACW
FACU
OBL

Stock
1 gal
1 gal
1 gal
1 gal
1 gal
Bare Root
Stakes
1 gal
Bare Root
1 gal
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
Live Cuttings
1 gal
Bare Root
1 gal
Stakes
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
1 gal
Seed
Seed
Seed
Seed
Seed
Seed
Seed

Quantity
26
26
0
26
103
129
258
516
1289
13
387
258
129
0
0
129
129
13
258
0
13
0
0
52
13
0
52
0
52
12.9
25.8
12.9
0
12.9
25.8
0

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 187 of 227

Appendix 1 - List of Abbreviations Used in This Basis of Design Report
BMPs – Best Management Practices
BPA – Bonneville Power Administration
BOD – Basis of Design Report
BWT – Bobby Wolford Trucking and Salvage, Inc.
CFS – Cubic feet per second
CID – Criminal Investigation Division (of the EPA)
COT – Construction Oversight Team
CWA – Clean Water Act
EPA – Environmental Protection Agency
HPA – Hydraulic Projects Approval
LIDAR – Light detection and ranging
SWPPP – Stormwater Pollution and Prevention Plan
USGS – U.S. Geological Survey

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 188 of 227

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER
SKYKOMISH COUNTY, WA
FLOODPLAIN RESTORATION GRADING PLAN
90% DESIGN
HIGHWAY 2

PROJECT VICINITY

SK
YK
OM

ISH

RIV
ER

APPROXIMATE
PROJECT LIMITS

PLOTTED: Jim Schulz 6/19/2020 8:46 AM

BEN HOWARD ROAD

© 2020 Microsoft Corporation © 2020 DigitalGlobe ©C

LOCATION MAP

Index of drawings
Sheet Description

Sheet Number

PROJECT LOCATION:

OWNER:

KLOCK PROPERTY RESTORATION SITE
EAST OF MONROE, WA IN SNOHOMISH COUNTY
T27N, R7E, SEC 10
PHONE: [phone]
CONTACT: DEREK KLOCK

ENGINEER:

1.

2.

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

C-12

PLAN - CUT AREA - 10

15

C-13

PLAN - CUT AREA - 11

16

C-14

PLAN - FILL AREA - 12

17

C-15

PLAN - FILL AREA - 13

PLAN - CUT AREA - 1

18

C-16

PLAN - FILL AREA - 14

C-4

PLAN - CUT AREA - 2

19

C-17

PROFILES

7

C-5

PLAN - CUT AREA - 3

20

C-18

PLANTING PLAN

C-6

PLAN - CUT AREA - 4

21

C-19

PLANT TAKEOFF TABLES

C-7

PLAN - CUT AREA - 5

22

C-20

PLANTING DETAILS - I

10
1"

Sheet

14

9
0

EXISTING CONDITIONS

C-2

ACCESS PLAN

C-3

6

C-8

PLAN - CUT AREA - 6

23

C-21

PLANTING DETAILS - II

11

C-9

PLAN - CUT AREA - 7

12

C-10

PLAN - CUT AREA - 8

13

C-11

PLAN - CUT AREA - 9

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

Sheet Description

Sheet Number

8

R2 RESOURCES, INC.
15250 NE 95TH ST
REDMOND, WA 98052
PHONE: [phone]
CONTACT: PAUL DeVRIES, P.E.

GENERAL NOTES, LEGEND, ABBREVIATIONS, AND ESTIMATED QUANTITIES

C-1

5

VERTICAL DATUM: NORTH AMERICAN VERTICAL
DATUM OF 1988 (NAVD88).

G-2

4

HORIZONTAL DATUM: WASHINGTON STATE
PLANE NORTH ZONE, NAD 83, U.S. FEET.

COVER SHEET

3

NOTES:

G-1

2

PROJECT INFORMATION:

Sheet

1

SAVED: jschulz 6/15/2020 7:33 PM
FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET G-01.dwg

VICINITY MAP

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET G-01.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

COVER SHEET

SHEET:

G-1

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 189 of 227

DRAWING REFERENCES

LEGEND

RESTORATION DESIGN LIMITATIONS

THE DRAWINGS ARE REFERENCED IN THE FOLLOWING MANNER
SECTION CUT ON SHEET 5, SHOWN ON SHEET 7:

KEY PLAN BORDER

A
C-7

ROCK

PROPERTY LINE
2230

CONTOUR (EXISTING MAJOR)

2233

CONTOUR (PROPOSED MAJOR)

2233

SHEET ON WHICH
SECTION IS SHOWN

CONTOUR (EXISTING MINOR)

2230

SECTION ID

CONTOUR (PROPOSED MINOR)

UNDISTURBED EARTH / RIVERBED

ON SHEET 7 THIS SECTION IS DEFINED AS:

PROFILE (EXIST)

CUT

SHEET FROM WHICH
SECTION WAS CUT

FILL

PROFILE (PROPOSED)

W
OHW
100

SECTION ID

A
C-5
PLAN AREA OUTLINED ON SHEET 5, SHOWN ON SHEET 7:

RIVER WETTED MARGIN

THE DESIGNS ON THESE PLANS ARE BASED ON CUT AND FILL AREA LOCATIONS AND A TOTAL TARGET CUT VOLUME OF 32,000 CY AS
PRESCRIBED BY US DEPARTMENT OF JUSTICE AND TULALIP TRIBE REPRESENTATIVES. THE GOAL OF THE EARTHWORK LAID OUT IN
THESE PLANS IS TO RESTORE NATURAL RIVERINE FLOODING PROCESSES OVER A TOPOGRAPHY RESEMBLING PRE-VIOLATION
CONDITIONS. THERE IS INHERENT UNCERTAINTY IN THIS GOAL THAT PRECLUDES ASSURING ABSOLUTELY THAT THE PROJECT AS
DESIGNED WILL NOT BE ASSOCIATED WITH UNANTICIPATED/UNDESIRED CHANNEL CHANGES. CHANNEL ADJUSTMENT OF BED AND
BANKS IS THE USUAL RESPONSE TO SPATIAL AND TEMPORAL CHANGES IN FLOW AND SEDIMENT TRANSPORT PATTERNS,
IRRESPECTIVE OF WHETHER THE PROJECT IS CONSTRUCTED. THE DESIGN ACCORDINGLY CANNOT ELIMINATE RISKS ASSSOCIATED
WITH THESE CHANGES COMPLETELY IN BOTH SPACE AND TIME. THE EXISTENCE OF THESE RISKS INCLUDES, BUT IS NOT LIMITED TO,
CASES WHERE: (I) SOME DEGREE OF BANK EROSION AND/OR TREE FALL OCCURS AT LOCATIONS WITHIN THE PROJECT REACH WHERE
RIGID BANK PROTECTION IS NOT DESIGNED SPECIFICALLY; OR (II) THE RIVER REOCCUPIES ITS FORMER MAIN CHANNEL LOCATION
THROUGH THE OXBOW THROUGH CHANNEL MIGRATION OR AN AVULSION ASSOCIATED WITH AN EXTREME FLOOD EVENT.
INCREASED BANK EROSION, AVULSION, AND FLOODING RISKS MAY RESULT IN DIRECT RESPONSE TO THE PROJECT, IN WAYS THAT
CANNOT BE PREDICTED WITH ABSOLUTE CERTAINTY.

WOOD
PLAN NUMBER

ORDINARY HIGH WATER LEVEL
100-YR FLOOD EXTENT

1
C-7

STAGING AREA

SHEET ON WHICH PLAN
AREA IS SHOWN

ROAD
ACCESS

ON SHEET 7 THIS AREA IS DEFINED AS:

1
C-5

PLAN NUMBER

SHEET ON WHICH
PLAN AREA IS
DEFINED

DETAILS ARE CROSS-REFERENCED IN A SIMILAR MANNER TO PLAN, USING
LOWERCASE LETTERS FOR DETAIL NUMBER.

SURVEY DATUM

ABBREVIATIONS

SAVED: jschulz 6/19/2020 9:16 AM
FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET G-02.dwg

BENCH MARK
CENTER OF GRAVITY

CL,
CP
CY
DBH
PLOTTED: Jim Schulz 6/19/2020 9:39 AM

BM
CG

CENTERLINE
CONTROL POINT
CUBIC YARD
DIA AT BREAST HEIGHT

DIA
DS, D/S
DSEL
DWG
E
EA
ELEV, EL

DIAMETER
DOWNSTREAM
DOWNSTREAM ELEVATION
DRAWING
EAST
EACH
ELEVATION

ELJ
EXIST
FT
H, HORZ
HPA
ID
IN
L
LB
LT
LF
LWD
MAX
MIN
MISC
MON
N

ENGINEERED LOG JAM
EXISTING
FOOT, FEET
HORIZONTAL
HYDRAULIC PROJECT APPROVAL
IDENTIFICATION, INNER DIA
INCH, INCHES
LENGTH
POUNDS
LEFT
LINEAR FOOT
LARGE WOODY DEBRIS
MAXIMUM
MINIMUM
MISCELLANEOUS
MONUMENT
NORTH

NO
NTS
OC
OHWL
OHWM
PSI
RT
S
SHT

NUMBER
NOT TO SCALE
ON CENTER
ORDINARY HIGH WATER LEVEL
ORDINARY HIGH WATER MARK
POUNDS PER SQUARE INCH
RIGHT
SLOPE, SOUTH
SHEET

SP
SPEC
STA
STD
SF
SY
TESC

SURVEY HORIZONTAL DATUM FOR THIS PROJECT IS WASHINGTON STATE
PLANE NORTH ZONE COORDINATES, NORTH AMERICAN DATUM NAD83/07;
VERTICAL DATUM IS NAVD88.
CONTROL POINT LOCATIONS SHOWN ON THIS SHEET

STATE PLANE COORDINATES
SPECIFICATION
STATION
STANDARD
SQUARE FOOT
SQUARE YARD
TEMPORARY EROSION
AND SEDIMENT CONTROL
TYPICAL
UPSTREAM ELEVATION
VARIES
VERTICAL
WEST, WIDE
WITH
WATER MARK
WITHOUT

TYP
USEL
VAR
V, VERT
W
W/
WM
W/O
WSDOT

#1

#2

#3

POINT ID#
NORTHING (FT)
EASTING (FT)

"CONTRACTOR TO ESTABLISH
SURVEY CONTROL AND SUBMIT
SUPPORTING DOCUMENTATION"

ELEVATION (FT; NAVD88)
NAVD88
NOTES:
1.

WATER SURFACE ELEVATION
WEIGHT
YEAR

VOLUMES ARE ESTIMATED.

2.

EXCAVATE CUT AREA 9 AND PLACE SPOILS AT FILL AREA SITE 12 LAST,
TO BALANCE NET CUT AND FILL REQUIREMENT.

WA DEPT OF TRANSPORTATION

WSEL
WT
YR

SURVEY CONTROL POINT DATA
PROJECT CONTROL POINTS:

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET G-02.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

GENERAL NOTES,
LEGEND, ABBREVIATIONS
AND ESTIMATED QUANTITIES

DATE: MONTH XX, XXXX
SHEET:

G-2

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 190 of 227
NOTES:
1.

PROPERTY LINE FROM SNOHOMISH COUNTY ASSESSOR
WEBSITE MAP. IF PROPERTY LINE DELINEATION IS
REQUIRED, MY BE COMPLETED BY LICENSED PLS.

SK

YK

OM

IS

H

RI

VE

R

BPA TRANSMISSION LINE

EXISTING ACCESS
(UNIMPROVED)

PROPERTY
LINE
(SEE NOTE 1)

PLOTTED: Jim Schulz 6/19/2020 8:47 AM

TOWER

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-01.dwg

SAVED: jschulz 6/8/2020 10:28 AM

TOWER

0

1"

400

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

200

0

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-01.dwg

DATE: MONTH XX, XXXX

BELLINGHAM, WA

REDMOND, WA.

400'

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
Resource
Consultants, Inc.

400

EXISTING SITE PLAN

SHEET:

C-1

REV:

X

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-02.dwg

SAVED: jschulz 6/15/2020 11:58 AM

PLOTTED: Jim Schulz 6/19/2020 8:47 AM

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 191 of 227

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-02.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

ACCESS PLAN

SHEET:

C-2

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 192 of 227
NOTES:
1.

PROPERTY LINE FROM SNOHOMISH COUNTY ASSESSOR
WEBSITE MAP. IF PROPERTY LINE DELINEATION IS
REQUIRED, MY BE COMPLETED BY LICENSED PLS.

ACCESS TO RIVER

CUT W/ 2:1
SIDE SLOPE

84

80

18'

79

80

80

85

85

80

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-03.dwg

SAVED: jschulz 6/8/2020 10:43 AM

PLOTTED: Jim Schulz 6/19/2020 8:50 AM

80

ACCESS

PROPERTY LINE
(SEE NOTE 1)

PLAN - CUT AREA
0

1"

1
C-2

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-03.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PLAN - CUT AREA - 1

SHEET:

C-3

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 193 of 227

85
CUT W/ 5:1
SIDE SLOPES

85

11'

87

85

87
85

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-04.dwg

SAVED: jschulz 6/8/2020 10:49 AM

PLOTTED: Jim Schulz 6/19/2020 8:53 AM

ACCESS

83

PLAN - FILL AREA
0

2

1"

20

C-1

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-04.dwg

20'

DATE: MONTH XX, XXXX

BELLINGHAM, WA

REDMOND, WA.

20

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
Resource
Consultants, Inc.

10

0

PLAN - CUT AREA - -2

SHEET:

C-4

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 194 of 227

80

80

CUT W/ 5:1 SIDE SLOPES

78
80

79

ESS

ACC

30'

79

79
80

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-05.dwg

SAVED: jschulz 6/8/2020 10:55 AM

PLOTTED: Jim Schulz 6/19/2020 8:55 AM

85

PLAN - CUT AREA

3
C-2

0

20

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
C LEE
X XXXXX
2079-SHEET C-05.dwg

20'

DATE: MONTH XX, XXXX

BELLINGHAM, WA

REDMOND, WA.

20

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
Resource
Consultants, Inc.

10

0

PLAN - CUT AREA - 3

SHEET:

C-5

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 195 of 227
NOTES:
1.

2.

82

ISOLATE WORK AREA AS NEEDED WITH SANDBAG
COFFERDAM W/ POLY SHEETING. PUMP WORK AREA DRY
WHILE EXCAVATING & BEFORE PLACING QUARRY SPALLS.
SALVAGE FISH WITHIN ISOLATION AREA AS NEEDED.

QUARRY SPALLS
(170 CY) WSDOT
SPEC 9-13.1(5)

81

80

82

SAND BAG
COFFERDAM
(SEE NOTE 1)

79

CUT W/ 10:1 SIDE
SLOPES

78

79
63'

84

84

80

80
85

SEE SHEET C-13

81

SAVED: jschulz 6/8/2020 11:49 AM

82

79

1"

1

0

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

C-17

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-06.dwg

81

80

PLOTTED: Jim Schulz 6/19/2020 8:58 AM

79

PLAN - CUT AREA

4

20

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

10

0

20

C-2

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-06.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

20'

PLAN - CUT AREA - 4

SHEET:

C-6

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 196 of 227
78
NOTES:

SALVAGE FISH WITHIN ISOLATION AREA AS NEEDED.

80

82

ISOLATE WORK AREA AS NEEDED WITH SANDBAG
COFFERDAM W/ POLY SHEETING. PUMP WORK AREA DRY
WHILE EXCAVATING & BEFORE PLACING QUARRY SPALLS.

2.

83

1.

84

84

84

29

.33

'

78

80

82

80

78

CUT W/ 5:1 SIDE SLOPES

85

PLOTTED: Jim Schulz 6/19/2020 9:01 AM

85

86

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-07.dwg

SAVED: jschulz 6/8/2020 11:15 AM

SS
CE
AC

PLAN - CUT AREA

5
C-2

0

20

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-07

20'

DATE: MONTH XX, XXXX

BELLINGHAM, WA

REDMOND, WA.

20

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
Resource
Consultants, Inc.

10

0

PLAN - CUT AREA - 5

SHEET:

C-7

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 197 of 227
ACCESS TO PIT

83
NOTES:
1.

ISOLATE WORK AREA AS NEEDED WITH SANDBAG
COFFERDAM W/ POLY SHEETING. PUMP WORK AREA DRY
WHILE EXCAVATING & BEFORE PLACING QUARRY SPALLS.

2.

SALVAGE FISH WITHIN ISOLATION AREA AS NEEDED.

ERODED AREA

83

79

80

79

82

CUT W/ 5:1 SIDE SLOPES

11

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-08.dwg

SAVED: jschulz 6/8/2020 11:23 AM

84

80

PLOTTED: Jim Schulz 6/19/2020 9:04 AM

78

8'

AC
CE

SS

PLAN - CUT AREA
0

1"

6
C-2

20

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET-C-08.dwg

20'

DATE: MONTH XX, XXXX

BELLINGHAM, WA

REDMOND, WA.

20

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
Resource
Consultants, Inc.

10

0

PLAN - CUT AREA - 6

SHEET:

C-8

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 198 of 227
NOTES:
1.

ISOLATE WORK AREA AS NEEDED WITH SANDBAG
COFFERDAM W/ POLY SHEETING. PUMP WORK AREA DRY
WHILE EXCAVATING & BEFORE PLACING QUARRY SPALLS.

2.

SALVAGE FISH WITHIN ISOLATION AREA AS NEEDED.

78

80

83

78

PLOTTED: Jim Schulz 6/19/2020 9:06 AM

44'

80

78
QUARRY SPALLS (160 CY)
WDSOT SPEC 9-13.1(5)

80
CUT W/ 10:1 SIDE SLOPES

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

PLAN - CUT AREA

7

1"

2

0

C-1

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-09.dwg

SAVED: jschulz 6/8/2020 11:49 AM

80

7

20

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

10

0

20

C-2

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-09.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

20'

PLAN - CUT AREA - 7

SHEET:

C-9

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 199 of 227

77

'

85

80

38

77
85

80

AC
CE
SS

CUT W/ 2:1 SIDE SLOPES

'

45

PLOTTED: Jim Schulz 6/19/2020 9:09 AM

85

PLAN - CUT AREA
1"

C-2

50

85

0

8

77
80

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-10.dwg

SAVED: jschulz 6/8/2020 11:49 AM

80 7
7
'
51

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-10.dwg

50'

DATE: MONTH XX, XXXX

BELLINGHAM, WA

REDMOND, WA.

50

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.
Resource
Consultants, Inc.

25

0

PLAN - CUT AREA - 8

SHEET:

C-10

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 200 of 227
NOTES:
1.

MATCHLINE - SEE LOWER CENTER

MATCHLINE - SEE LEFT LOWER

74
75

74

75

78

74

80

CUT CHANNEL SUFFICIENTLY WIDE TO FULFILL 32,000 CY TOTAL FOR PROJECT
AFTER ALL OTHER EXCAVATION HAS BEEN COMPLETED. LEAVE IN PLACE MATURE
TREES W/ DBH > 6".

CUT W/ 5:1 SIDE SLOPES

PLOTTED: Jim Schulz 6/19/2020 9:15 AM

74
75
76
77
CUT
~90' CHANNEL
(SEE NOTE 1)

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-11.dwg

SAVED: jschulz 6/8/2020 11:56 AM

DIRECTED WORK:
GRADUALLY TRANSITION
CUT TO EXISTING TERRAIN

MATCHLINE - SEE UPPER CENTER
MATCHLINE - SEE UPPER RIGHT

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

PLAN - CUT AREA

50

9

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

25

0

50

C-2

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET-C-11.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

50'

PLAN - CUT AREA - 9

SHEET:

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N 312891.8845
E 1379388.1007 N 312887.3742
E 1379456.4316
N 312868.4494
E 1379514.2410

78

N 312727.1993
E 1379733.1140

CUT W/ 2:1 SIDE SLOPES

78

74

N 312704.4768
E 1379809.6998

78

81
82
83
84
85

N 312673.8173
E 1379838.2403

N 312588.5064
E 1379408.2060
79

CUT W/ 10:1 SIDE SLOPES

N 312503.4491
E 1379391.2412

CUT TO GRADE SHOWN

81

N 312499.2201
E 1379771.6422

N 312430.9950
E 1379775.6206

PLOTTED: Jim Schulz 6/19/2020 9:18 AM

N 312365.6373
E 1379795.9833

SAVED: jschulz 6/8/2020 11:59 AM

78

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N 312307.8761
E 1379767.0479

N 312285.0199
E 1379465.5966

N 312185.7521
E 379547.2409
N 312172.6413
E 1379571.2409

74
75
76
77

0

1"

PLAN - CUT AREA

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

N 312170.4976
E 1379601.2408

100

10

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

50

0

100

C-2

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-12.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

100'

PLAN - CUT AREA - 10

SHEET:

C-12

REV:

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 202 of 227
NOTES:

81

1.

ISOLATE WORK AREA AS NEEDED WITH SANDBAG
COFFERDAM W/ POLY SHEETING. PUMP WORK AREA DRY
WHILE EXCAVATING & BEFORE PLACING QUARRY SPALLS.

2.

80

SALVAGE FISH WITHIN ISOLATION AREA AS NEEDED.

79

MATCHLINE - SEE LOWER LEFT
78
N 310539.9227
E 1381119.1458

83

79
84

84

80

79

81
N 310192.7276
E 1381300.9345

80

80

85

CUT W/ 5:1 SIDE SLOPES FOR
FUTURE VEHICLE ACCESS
ACROSS CHANNEL

81

82

CUT W/ 2:1 SIDE SLOPES

81
N 310456.0920
E 1381139.6718

80

85

80

85

N 310391.7151
E 1381149.7952

15'

N 310377.5179
E 1381163.2129

85

PLOTTED: Jim Schulz 6/19/2020 9:23 AM

79

N 310077.6603
E 1381312.4628

85
83

80

ISOLATE WORK AREA WITH
SANDBAG COFFER DAM TO
CONFINE TURBIDITY

81
82

83

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80

N 310360.6329
E 1381204.5158

80

N 310308.1548
E 1381267.9296

81

82

83

MATCHLINE - SEE UPPER RIGHT
0

1"

PLAN - CUT AREA

11

40

0

20

40

C-2

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"= 40'

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

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APP

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CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-13.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PLAN - CUT AREA - 11

SHEET:

C-13

REV:

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 203 of 227

N 312180.4244
E 1380402.4362

N 312179.9597
E 1380664.8175

82
83
84
CE

SS

77 0
8
85

AC

85
80
77

81
82
83
84

N 312003.0728
E 1380917.7593

N 311793.2970
E 1380994.1832
N 311763.4369
E 1380486.2813

PLOTTED: Jim Schulz 6/19/2020 9:26 AM

84

N 311562.6729
E 1380594.9640

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SAVED: jschulz 6/3/2020 2:47 PM

FILL W/ 5:1 SIDE SLOPES

0

1"

PLAN - FILL AREA

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

100

12

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

50

0

100

C-2

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-14.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

100'

PLAN - FILL AREA - 12

SHEET:

C-14

REV:

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80

77

85

TRANSMISSION LINE
TOWER

SS

AC

CE

N 311395.4754
E 1381038.6270

N 311357.9255
E 1381072.1388

N 311246.6765
E 1381075.8192

N 311217.5299
E 1380713.5635

78

80

83
78

80

78

80

PLOTTED: Jim Schulz 6/19/2020 9:29 AM

FILL W/ 5:1 SIDE SLOPES

80

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SAVED: jschulz 6/3/2020 2:51 PM

N 311099.8545
E 1380776.1072

0

1"

PLAN - FILL AREA

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

100

13

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

50

0

100

C-1

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-15.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

100'

PLAN - FILL AREA - 13

SHEET:

C-15

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 205 of 227
NOTES:

N 310875.3068
E 1380095.5262
N 310852.9780
E 1379973.1890

1. PIT AREA TO BE CLEANED UP UNDER DIRECTION OF TULALIP TRIBE
REPRESENTATIVE. WASTE AND CONTAMINATED MATERIAL TO BE
HAULED OFFSITE AND DISPOED OF AT APPROVED LOCATION. AREA TO
BE FILLED WILL BE STAKED IN FIELD BY TRIBE, FILL TO ELEVATION 83'.

N 310830.5660
E 1380254.7518

N 310825.3049
E 1380158.8595

ERODED AREA
(APPROX)

81
82

83
AC

83

CE
S

82

83

N 310751.8732
E 1380346.6675

8
79 0

S

N 310751.4229
E 1379863.5075

N 310685.1789
E 1380367.5174

N 310671.9655
E 1380342.1929

N 310639.7421
E 1380314.4151

83
82

PLOTTED: Jim Schulz 6/19/2020 9:32 AM

N 310620.8524
E 1379912.1929

FILL W/ 5:1 SIDE SLOPES

N 310621.9636
E 1380268.8596
N 310624.1859
E 1380091.0818

N 310624.1859
E 1380201.0818

N 310590.8513
E 1380066.6373

SAVED: jschulz 6/8/2020 12:03 PM
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81

80

N 310559.7389
E 1380061.0818
N 310545.2939
E 1380022.1929

0

1"

PLAN - FILL AREA

14

50

25

0

50

C-2

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

SCALE: 1"=

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-16.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

50'

PLAN - FILL AREA - 14

SHEET:

C-16

REV:

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 206 of 227

EXISTING GROUND

10:1 APPROACH

6" QUARRY SPALLS,
WSDOT SPEC 9-13.1(5)

PROFILE

1
C-6

PLOTTED: Jim Schulz 6/19/2020 9:32 AM

EXISTING GROUND

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-17.dwg

SAVED: jschulz 6/8/2020 1:09 PM

10:1 APPROACH

6" QUARRY SPALLS,
WSDOT SPEC 9-13.1(5)

20

0

1"

PROFILE

2

0

10

SCALE: 1"=
0

20' HORIZ

SCALE: 1"=

5

20

5' VERT

5

C-9

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-17.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PROFILES

SHEET:

C-17

REV:

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 207 of 227

10C

10E
9B

9C

150' EASEMENT

12E

8C
8D

8C

PLANT ASSEMBLAGES
A

UPLAND, DRY

B

PRIMARILY WET, SEASONALLY WET, WETLANDS

C

RIPARIAN

D

LOW GROWING RIPARIAN

E

NATIVE EMERGENT, EROSION CONTROL

PLOTTED: Jim Schulz 6/19/2020 9:32 AM

13E
7E

2C

14A

3C

6C

4E

5C

SAVED: jschulz 6/19/2020 8:33 AM
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1C

11D

11C

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-18.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PLANTING PLAN

SHEET:

C-18

REV:

X

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-19.dwg

SAVED: jschulz 6/19/2020 8:40 AM

PLOTTED: Jim Schulz 6/19/2020 9:32 AM

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 208 of 227

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-19.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PLANT TAKEOFF TABLES

SHEET:

C-19

REV:

X

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-20.dwg

SAVED: jschulz 6/15/2020 12:45 PM

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 209 of 227

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-20.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PLANTING DETAILS - I

SHEET:

C-20

REV:

X

FILED IN: K:\2079 LCLA-DOJ\Klock\March2020\DRAWING\2079-SHEET C-21.dwg

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 210 of 227

0

1"

BAR MEASURES ONE INCH
ON ORIGINAL DRAWINGS

KLOCK PROPERTY, RESTORATION, SKYKOMISH RIVER

REV

DATE

DESCRIPTION

DRN

APP

DESIGNED BY:
DRAWN BY:
CHECKED BY:
PROJECT MGR:
FILENAME:

P DeVRIES
J SCHULZ
L LEE
X XXXXX
2079-SHEET C-21.dwg

KLOCK PROPERTY RESTORATION
SKYKOMISH RIVER, WA

LC LEE & ASSOCIATES, INC.

DATE: MONTH XX, XXXX

BELLINGHAM, WA

Resource
Consultants, Inc.
REDMOND, WA.

PLANTING DETAILS - II

SHEET:

C-21

REV:

X

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 211 of 227

Appendix 3. Flood Modeling for the Klock Property Restoration Basis of
Design
I. Methods
We used a two-dimensional (2-D) hydrodynamic model developed previously for Snohomish
County (WSE, 2018) to evaluate flooding patterns in the vicinity of the Klock property with and
without restoration earthwork. The model domain extends along the Skykomish River from just
above the Sultan River to its confluence with the Snoqualmie River and a portion of the
Snoqualmie and Snohomish Rivers upstream of the SR 522 bridge. The model terrain was
developed from a combination of LiDAR and bathymetry data collected variously over the 20142016 period (Figure 1; WSE 2018). Because the WSE (2018) model had been calibrated to
simulate high flow events, the surface roughness properties were kept the same in our
simulations.
The magnitude of the 100-year flood was estimated for the reach using flows established by
Snohomish County Surface Water Management (SWM) as part of the FEMA Flood Insurance
Study hydrology, effective September 16, 2005 (Figure 2). The flows were provided by SWM
engineer David Lucas through email correspondence on February 21, 2019. The corresponding
magnitude used in the analyses is Q100 = 168,200 cfs. This was derived from the flows in Figure
2, adding an estimated 900 cfs for small inflows, and accounting for downstream attenuation.
In earlier runs where the 2D model terrain was modified to represent topography associated with
different scenarios, it was determined that a proposed total cut of 32,000 CY would result in
minor changes to the 100 year flood (Q100) water surface elevation, whereas an alternative,
smaller proposed cut volume of 20,240 CY would not (R2 2019). This information guided
layout of the proposed earthwork design in the current preliminary design plan set prepared by
R2.
The WSE (2018) model terrain was subsequently modified to represent the preliminary design
plan actions and run again to compare against the existing conditions for an evaluation of
changes in the 100-year flood levels with the proposed project (Figure 3). In addition, the model
output was used to evaluate substrate mobility in the vicinity of the two fords proposed for the
BPA transmission line access road.
The 2-D model mesh network from the WSE (2018) model was further modified in the vicinity
of proposed project actions to more accurately simulate hydraulics in the vicinity of each
location (Figure 4). Specifically, the original WSE (2018) model mesh size of 100 ft was
reduced to approximately 20 ft, as illustrated in Figure 5. To conserve budget, the original
WSE/SWM mesh was used for simulating existing conditions and the modified mesh network
was used for simulating project actions.

Appendix 3 - Klock Property Basis of Design

1

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 212 of 227

II. Results
The model results were used to specify a stable rock mix for the two proposed ford locations for
the BPA transmission line access road, and to characterize the resulting changes in 100-year
flood water surface elevations. The ford rock placement extended upstream and downstream of
the ford to accommodate local adjustments associated with adjacent future erosion.
Ford Rock Sizing: The modeling predicted that maximum velocity at the two proposed ford
locations for the BPA transmission line access road was approximately 4.1 ft/s during the 100year flood peak flow, with a flow depth of approximately 4.0 ft. This value was evaluated for
incipient motion conditions using two independent equations. In the first approach, Shields’
equation (e.g., Raudkivi 1990) was used to evaluate shear stress τ and corresponding critical
median grain size D50cr:
𝜏∗ =
𝑐𝑟

𝜏
(𝑆 𝑠 − 1)𝜌𝑔𝐷50𝑐𝑟

where the submerged specific gravity (Ss-1) = 1.5 (typical lower range for commercially
available aggregates; larger values preferred for additional stability) and the dimensionless
critical shear stress τ*cr = 0.03, which is a characteristic lower bound value for initiation of
motion (Buffington and Montgomery 1997; Recking and Pitlick 2013). Shear stress was
estimated from shear velocity (u*) as:
2
𝜏 = 𝜌𝑢∗

where shear velocity was estimated using the integrated form of logarithmic law of the wall
equation was used to estimate shear velocity respectively (Richards 1982):
𝑉
𝑑
= 5.75𝑙𝑜𝑔 ( ) + 6.00
𝑢∗
𝐷65
where V = mean column velocity, d = depth, and y = height above the bed. The characteristic
substrate size D65 was set to an initial estimate of 4” corresponding to quarry spalls. The mean
column velocity and depth values were extracted from the 2D model results.
The second approach was based on empirical relations established between velocity and stable
stone size, using the Isbash relation (USACE 1994):
𝑈 𝑐𝑟 = 𝐶[2𝑔𝐷50𝑐𝑟 (𝑆 𝑠 − 1)]1/2
where Ucr = characteristic velocity mobilizing the stone and the factor C =0.86 (Recking and
Pitlick 2013).
The critical D50cr was estimated using each method, and the larger of the two selected. A side
slope correction was then applied to estimate the stable D50cr on a 10H:1V side slope (specified
for the slopes on both sides of the ford for easy vehicle access), using an estimated stream-wise
slope = 0.005 and the equations of Simons and Senturk (1992; in Mooney et al. 2007). The
resulting D50 values were then compared with mixes in WSDOT’s 2020 standard specifications,
from which it was confirmed that quarry spalls (specification 9-13.1(5)) resulted in a stability
Appendix 3 - Klock Property Basis of Design

2

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 213 of 227

safety factor in excess of 3.0. Quarry spalls are a standard substrate for vehicle access during
construction, and can be expected to remain stable in place for many years after placement
(barring more extensive erosion originating away from the ford location).
Changes in 100 Year Flood Water Levels: The simulations indicate that the proposed grading
will increase flows in the oxbow and excavated channels during the 100-year flood peak flow
(Figure 5). Peak water levels will be elevated in the vicinity of fill areas, and lowered over the
floodplain where most of the previous fill occurred. Changes within the river main stem channel
are predicted to be within +/- 0.1 ft depending on location. We expect the river to adjust its
boundary over time in response.

III. References
Buffington, J.M. and D.R. Montgomery. 1997. A systematic analysis of eight decades of
incipient motion studies, with special reference to gravel‐bedded rivers. Water Resources
Research, 33(8), pp. 1993-2029.
Mooney, D.M., C.L. Holmquist-Johnson, and S. Broderick. 2007. Rock ramp design guidelines.
U.S. Department of the Interior, Bureau of Reclamation.
Raudkivi, A.J. 1990. Loose Boundary Hydraulics. 3rd Ed. Pergamon Press.
Recking, A. and Pitlick, J., 2013. Shields versus Isbash. Journal of Hydraulic Engineering
139(1): 51-54.
Richards, K. 1982. Rivers: Form and process in alluvial channels. Methuen. New York
NY.361p.
R2 Resource Consultants. 2019. Results of Alternative Mitigation Proposals Hydraulic
Evaluation. Technical Memorandum prepared for LC Lee and Associates. December.
Simons, D.B., and F. Sentürk. 1992. Sediment Transport Technology Water and Sediment
Dynamics. Water Resources Publication, Littleton, Colorado.
U.S. Army Corps of Engineers (USACE). 1994. Hydraulic Design of Flood Control Channels.
Engineering Manual EM 1110-2-1601.
Watershed Science & Engineering. 2018. Ben Howard Road flooding analysis: Lower
Skykomish River Hydraulic Modeling. Report prepared for Snohomish County Public Works.
August.

Appendix 3 - Klock Property Basis of Design

3

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 214 of 227

Figure 1. Existing terrain in the vicinity of the Klock Property simulated using the 2D HEC-RAS
model. Blue polygons denote the areas that will be excavated, red polygons areas where fill will
be placed.

Appendix 3 - Klock Property Basis of Design

4

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 215 of 227

Figure 2: FEMA Flood Insurance Study hydrology, provided by Snohomish County Surface
Water Management, Department of Public Works.

Figure 3. Proposed terrain in the vicinity of the Klock Property simulated using the 2D HECRAS model.

Figure 4. HEC-RAS 2-D hydraulic model mesh network in the vicinity of the Klock Property.
Areas proposed for cut and fill were simulated using a finer mesh than elsewhere within
the 100-year flood zone.
Appendix 3 - Klock Property Basis of Design

5

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 216 of 227

Figure 5. Predicted changes (units=ft) in 100-year flood water surface elevations associated with
the proposed Klock Property restoration design compared with existing conditions.

Appendix 3 - Klock Property Basis of Design

6

Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 217 of 227

Appendix 4
Technical Memorandum – Draft
Date: June 11, 2020

Project Number: 2079.01/TM102

To: File
From: Paul DeVries, Ph.D., P.E., C.F.P. (R2); Chiming Huang, Ph.D., P.E. (R2); Lyndon Lee
(LCLA)
Project: Klock Property Restoration
Subject: Evaluation of Effects of Proposed Floodplain Restoration Activities on 100 year
Flood Peak Water Surface Elevation

1. Background
The proposed activities that are the subject of this memorandum involve restoring the structure
and functioning of waters of the United States, including wetland ecosystems
(waters/wetlands) on floodplain areas of the Klock Property. This property consists of an
approximately 187.9-acre area within the overall Klock holdings. It is located east of the City of
Monroe along the south bank (river left) of the Skykomish River in unincorporated Snohomish
County, Washington (Figure 1). The latitude/longitude coordinates for the approximate
centroid of the Klock Property are 47° 50’ 54.86” N/121° 53’ 37.22” W. Ben Howard Road forms
the south boundary of the Klock Property. The property is located within Section 10, Township
27 North, Range, 7 East. It is comprised of Snohomish County Tax Parcel Nos.
27071000100100, 27071000100300, and 27071000100200 and parts of 27070300300300,
27070300300500, 27071000200100. These latter three tax parcels will be the subject of a lot
line adjustment.
The Klock Property is owned by Karl Frederick Klock Pacific Bison, LLC. The restoration
measures that are the focus of this evaluation are part of a negotiated settlement of Clean
Water Act non-compliance issues among Karl Frederick Klock Pacific Bison, LLC, Bobby Wolford

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Trucking & Salvage, Inc. (BWT), and the U.S. Environmental Protection Agency Region 10 (EPA).
The key goal of the settlement is to restore the property from impacts associated with stream
rerouting, mechanical clearing, filling, and earthwork activities that were undertaken by the
Klocks and BWT.

BPA Transmission Line

Oxbow

Project Area

Figure 1.

Location of project area targeted for floodplain restoration earthwork activities,
and selected landmarks.

The project area encompasses a large, generally “U” shaped secondary river channel or
“oxbow” system that has been part of the active floodplain and channel system of the
Skykomish River since at least 1938. During moderate to high water events in the main channel
of the Skykomish River and depending on the elevation or “stage” of frequently occurring flood
events or floodwaters (2-5 year recurrence interval), this oxbow system can be directly and
regularly connected to the Skykomish River at both its upstream and downstream ends. The
oxbow system includes a complex network of small secondary and tertiary channels that are
embedded within it and which are regularly inundated by and connected to flood flows from
the main channel of the Skykomish River. The area that includes the oxbow system is
dominated by a mosaic of third or fourth growth forested, scrub/shrub, and emergent
waters/wetlands plant communities. This mosaic also includes seasonal open water features
that flow when they are connected to the main channel of the Skykomish River or alternatively,
they exist as residual ponded features when water levels recede. Some agricultural and
Christmas tree production areas are also included in the property.
Proposed earthwork activities consist of the following actions to restore floodplain connectivity
Figure 2):

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•

Removal of fill placed in and around the downstream end of the oxbow and adjoining
floodplain (indicated by #9 & #10 in Figure 2).

•

Removal of fill placed in a former high flow channel (#8).

•

Removal of culverts and fill at two locations along BPA’s transmission line access road
that currently restrict flows through two floodplain high flow channels that are part of
the oxbow flow path network, and creating rock fords in their place (#4 & #7).

•

Removal of fill at five other locations in floodplain high flow channels that are part of the
oxbow flow path network (#1, #2, #3, #5, and #6).

•

Daylighting and additional excavation of a channel to connect an upland tributary
draining under Ben Howard Road with the oxbow flow path network (#11).

•

Removing concrete ecology blocks from the river’s edge.

•

Cleaning out contaminated soils and debris disposed of in a central floodplain pit area
surrounded by the oxbow flow path network, and hauling the material offsite, followed
by placing some of the spoils from the above excavations within the pit area and refilling
to approximate local floodplain elevations (#14).

•

Placing the remainder of spoils from the above excavations at two higher ground areas
on the floodplain near the BPA transmission line corridor to keep the excavated native
materials on site (#12 and #13).

This technical memorandum documents the flood modeling analysis that was performed to
evaluate effects of these proposed restoration earthwork activities on the 100 year flood peak
water surface elevation (WSE).

2. Hydrology
The magnitude of the 100-year flood (Q100) was estimated for the reach using flows established
by Snohomish County Surface Water Management (SWM) as part of the FEMA Flood Insurance
Study hydrology, effective September 16, 2005 (Figure 3). The flows were provided by SWM
engineer David Lucas through email correspondence on February 21, 2019. The corresponding
magnitude used in the analyses is Q100 = 168,200 cfs. This was derived from the flows in Figure
3, adding an estimated 900 cfs for small inflows, and accounting for downstream attenuation.

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Figure 2.

Map of proposed floodplain restoration earthwork activities.

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Figure 3.

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FEMA Flood Insurance Study hydrology, provided by Snohomish County Surface
Water Management, Department of Public Works.

3. Hydraulic Modeling Methods
We used a two-dimensional (2-D) HEC-RAS hydraulic model developed previously for
Snohomish County (WS&E 2018) to evaluate flooding patterns in the vicinity of the Klock
property with and without corrective earthwork. The model domain extends along the
Skykomish River from just above the Sultan River to its confluence with the Snoqualmie River
and a portion of the Snoqualmie and Snohomish Rivers upstream of the SR 522 bridge. The
model terrain was developed from a combination of LiDAR and bathymetry data collected
variously over the 2014-2016 period (Figure 4; WS&E 2018). Because the model had been
calibrated to simulate high flow events, the surface roughness properties were kept the same in
our simulations.

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During project scoping, the 2-D model terrain was modified to represent topography associated
with different net excavation volumes under negotiation. The modeling guided layout of the
proposed earthwork design for the volume agreed to as part of the settlement. The WS&E
(2018) model terrain was subsequently modified to represent the preliminary design plan
actions, and run to compare against existing conditions for an evaluation of changes in the
100year flood levels with the proposed project (Figure 5). The 2-D model mesh network was
also further modified in the vicinity of proposed project actions to more accurately simulate
hydraulics in the vicinity of each location, where the original WS&E (2018) model mesh size of
100 ft was reduced to approximately 20 ft at locations where earthwork is proposed (Figure 6).

Figure 4.

Existing HEC-RAS 2-D model terrain in the vicinity of the Klock Property. Blue
polygons denote the areas that will be excavated, red polygons areas where fill
will be placed.

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Figure 5.

Figure 6.

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HEC-RAS 2-D model terrain in the vicinity of the Klock Property, modified to
reflect proposed earthwork.

HEC-RAS 2-D hydraulic model mesh network in the vicinity of the Klock Property.

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4. Modeling Predictions and Interpretation
The simulations indicate that the proposed grading will increase flows in the oxbow and
excavated channels during the 100 year flood peak flow, thereby increasing local WSEs
compared with existing conditions due to the enhanced floodplain connectivity (Figure 7). Peak
water levels will be elevated in the vicinity of the upstream side of the fill areas, and lowered
over the floodplain in response to fill removal.
Changes within the river mainstem channel are predicted to be mostly within +/- 0.02 ft
depending on location (Figure 7), which corresponds to well within modeling accuracy and
measurement error. Greatest changes are in the vicinity where floodplain channel excavation is
proposed, followed by the fill areas. Within the mainstem channel proper, the central area
near the excavated channel (#8 in Figure 2) is predicted to have the greatest local rise, generally
less than 0.10 ft. We expect the river to adjust its morphology locally in this area over time as a
compensatory response, where the WSEs should decrease again.
The proposed restoration earthwork activities are not predicted to result in a floodplain-wide
increase in WSEs. Consistent with FEMA (2009) Appendix E guidelines, no structures are
predicted to be affected by increased WSEs associated with the proposed earthwork.

Figure 7.

Predicted changes (units=ft) in 100-year flood water surface elevations
associated with the proposed design relative to existing conditions.

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5. References
Federal Emergency Management Agency (FEMA). 2009. National Flood Insurance Program
Floodplain Management Guidebook. Region 10, 5th Edition, March. Bothell, WA.
Watershed Science & Engineering (WS&E). 2018. Ben Howard Road flooding analysis: Lower
Skykomish River Hydraulic Modeling. Report prepared for Snohomish County Public
Works. August.

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After Recording, Return to:
James A. Tupper, Jr.
Tupper Mack Wells, PLLC
2025 First Avenue, Suite 1100
Seattle, WA 98121

QUIT CLAIM DEED
GRANTOR:

Karl Frederick Klock Pacific Bison LLC

GRANTEE:

Tulalip Tribes of Washington

ABBREVIATED
LEGAL DESCRIPTION: TBD
Complete legal description on Page 2.
TAX PARCEL NO.:

TBD

REFERENCE NO.:

N/A

Quit Claim
Grantor (as defined above) for itself, its heirs and assigns, hereby grants and
conveys as a gift, without warranties, to Grantee (as defined above) the following
described real estate situated in the County of Snohomish, State of Washington, together
with all after acquired title of the Grantor therein:
[property description to be provided]
EXCEPTING any interest or right in the G. L. Willner Certificate of Water Right
S1-*06508CWRIS, Certificate No. 6, Page 2999, dated March 24, 1948, which has never

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Case 2:18-cv-00747-TSZ Document 63 Filed 12/08/20 Page 227 of 227

been exercised or applied for the beneficial use of water on the above-described property.
Grantor reserves all right and interest in the certificate of water right for its exclusive use
on Grantor’s separate and retained real property.
IN WITNESS WHEREOF, the Grantor hereto executed this Quit Claim Deed as
of the ______ of ____________ 2021.
GRANTOR:
KARL FREDERICK KLOCK PACIFIC BISON LLC
__________________________________
By Derek Klock
Its Managing Member

STATE OF WASHINGTON )
)
COUNTY OF KING_
)

ss.

On this day personally appeared before me Derek Klock, Managing Member of
Karl Frederick Klock Pacific Bison LLC, to me known to be the individual described in
and who executed the within and foregoing Quit Claim Deed and acknowledged that she
signed the same as the free and voluntary.
GIVEN under my hand and official seal this ____ day of ___________, 2021.

__________________________________________
Printed Name: ___________
NOTARY PUBLIC in and for the State of
____________, residing at __________
My Commission Expires: ______________
4823-5807-1498, v. 1

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