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HomeMy WebLinkAboutAttachment 2-PN_BNSF Maintenance Hole Chimney Repair Project Narrative Department of Natural Resources and Parks Wastewater Treatment Division Environmental Services King Street Center, KSC-NR-0505 201 South Jackson Street Seattle, WA 98104-3855 C R E ATIN G R E S O U R C E S F R O M W A S T E W A T E R December 28, 2023 TO: Katherine Fischer, Environmental Programs Managing Supervisor, Environmental Services Unit FM: Jessica Conquest, Environmental Planner RE: SEPA Determination for Maintenance Hole Chimney Repair The Environmental Services Unit has reviewed the above referenced project to determine the appropriate environmental review process under the State Environmental Policy Act (SEPA). Based on the project description provided by the Project Manager and summarized below, we find that the project is: (X) Categorically exempt under SEPA – no further environmental review required ( ) Not categorically exempt under SEPA – threshold determination required ( ) Other In the event that the project description changes, the appropriate environmental review process should be reconfirmed. Project Description There is a section of sewer line within the Eastside Interceptor Section 1 (RE*ESI2.RO2-15A) that needs to be repaired. The riser section of a maintenance hole chimney is broken and needs to be replaced as soon as possible to ensure this section of sewer line is operational. The proposed repair is located on Parcel 0523059003 in Renton, Washington, across the street from the Bella Vista apartments (2100 Lake Washington Blvd N) within the BNSF right-of-way. Work would include excavation to approximately 10 feet in depth, removal of the broken riser, and installation of a new riser. To access the maintenance hole, WTD would utilize an access road off of Lake Washington Blvd and would place dunnage over the tracks for transporting equipment. DocuSign Envelope ID: 2FB8D83F-10AF-49ED-9575-170BEA15239E Katherine Fischer 12/28/2023 Page 2 of 3 The maintenance hole is located within an Urban Conservancy Shoreline Management Area associated with Lake Washington (Lake Washington Reaches (LW-F)), as well as a Zone 2 Wellhead Protection Area Zone for Well 5A. The Washington Information System for Architectural and Archeological Records Data (WISAARD) was reviewed on 12/27/2023 and the predictive model indicated that the project is in an area where surveys are highly advised and there is a very high risk for encountering archaeological resources. The project is exempt from the shoreline substantial development permit requirement under Washington Administrative Code (WAC) 173-27-040 2(B), normal maintenance or repair of existing structures or developments. Work to restore the maintenance hole would bring it to a state comparable to its original condition, including but not limited to its size, shape, configuration, location, and external appearance. The work would not cause substantial adverse effects to shoreline resources or environment. Work within the Wellhead Protection Area is exempt under Renton Municipal Code 4-3-050C- 3h. The municipal code defines emergency activities as “those which are undertaken to correct emergencies that threaten the public health, safety and welfare. An emergency means that an action must be undertaken immediately or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation.” The riser needs to be repaired immediately because if the chimney collapses, surrounding sediment would cave in, which could potentially cause a blockage in the sewer and would undermine the nearby BNSF railroad tracks. This would pose an imminent danger to private property. Nearby groundwater wells indicate that the groundwater is over 40 feet deep, and therefore it is unlikely that this work would reach groundwater. The contactor will be required to utilize a Health and Safety Plan that includes best management practices for ensuring safe storage of any hazardous materials and avoidance of any hazardous spills or leaks onsite during construction. No offsite fill will be used for this work. Soils excavated for access to the riser will be used as fill. Because the work proposed will be done well above the pipeline, there is no risk of sewage spills or leakage associated with construction activities to replace the riser. The riser that will need to be replaced is approximately 6 to 8 feet below ground surface. King County’s Historic Preservation Program staff reviewed the project on 12/28/2023 and determined that no archaeological investigations are necessary for project activities as long as work crews are trained in recognizing archaeological materials and in the appropriate procedures they shall follow in the event any such materials are discovered during the project. The work is taking place in previously disturbed ground that is cut into a glacial slope, and no known archaeological sites are in the immediate vicinity (except for the railroad grade, which will remain untouched). The Environmental Services Unit will provide the project team with an Inadvertent Discovery Plan to submit to the contractor. DocuSign Envelope ID: 2FB8D83F-10AF-49ED-9575-170BEA15239E Katherine Fischer 12/28/2023 Page 3 of 3 SEPA Finding The project is exempt from further SEPA review per WAC 197-11-800(3) Repair, remodeling and maintenance activities. I concur with the staff review and finding for this project. ____________________________________________________ Environmental Programs Managing Supervisor, Environmental Services Unit cc: Mike Sands, Project Manager DocuSign Envelope ID: 2FB8D83F-10AF-49ED-9575-170BEA15239E Certificate Of Completion Envelope Id: 2FB8D83F10AF49ED9575170BEA15239E Status: Completed Subject: Complete with DocuSign: SEPA CatEx_Maintenance Hole Riser 122823.doc Source Envelope: Document Pages: 3 Signatures: 1 Envelope Originator: Certificate Pages: 5 Initials: 0 Katherine Fischer AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 401 5TH AVE SEATTLE, WA 98104 katherine.fischer@kingcounty.gov IP Address: 67.160.85.110 Record Tracking Status: Original 12/29/2023 8:49:21 AM Holder: Katherine Fischer katherine.fischer@kingcounty.gov Location: DocuSign Security Appliance Status: Connected Pool: FedRamp Storage Appliance Status: Connected Pool: King County-Dept of Natural Resources & Parks-Wastewater Treatment Location: DocuSign Signer Events Signature Timestamp Katherine Fischer katherine.fischer@kingcounty.gov Environmental Services Supervisor KC WTD Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.160.85.110 Sent: 12/29/2023 8:50:24 AM Viewed: 12/29/2023 8:50:33 AM Signed: 12/29/2023 8:50:38 AM Electronic Record and Signature Disclosure: Accepted: 8/18/2020 12:18:34 PM ID: 5baefb8c-a32d-4127-b672-210f2b18aece In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Jessica Conquest jconquest@kingcounty.gov Security Level: Email, Account Authentication (None) Sent: 12/29/2023 8:50:24 AM Viewed: 12/29/2023 9:09:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/29/2023 8:50:24 AM Certified Delivered Security Checked 12/29/2023 8:50:33 AM Signing Complete Security Checked 12/29/2023 8:50:38 AM Envelope Summary Events Status Timestamps Completed Security Checked 12/29/2023 8:50:38 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, King County-Department of Natural Resources and Parks-Wastewater Treatment (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:  You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and  Until or unless you notify King County-Department of Natural Resources and Parks- Wastewater Treatment as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by King County- Department of Natural Resources and Parks-Wastewater Treatment during the course of your relationship with King County-Department of Natural Resources and Parks- Wastewater Treatment. .. . , .; Pipeline Permit No. PX91-16232 Metro C-1 THIS AGREEMENT, made this 2nd day of DECEMBER, 1991, between BURLINGTON NORTHERN RAILROAD COMPANY, a-Delaware corporatior;-:-hereinafter called "Burlington" whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, Washington 98104-1105, and METRO, a municipality, whose post office address is: Environmental Compliance Division Municipality of Metropolitan Seattle 821 Second Avenue, M.S. 112 Seattle WA 98104-1598 hereinafter called 11 Permittee,11 WITNESSETH: Burlington, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be ob- served and performed by Permi ttee, does hereby grant to Permi ttee 1 i cense and permission to excavate for, construct, maintain and operate a 42-inch sewer trunk line thru a 60-inch steel welded casing, casing to be 330-f eet in 1 ength, at a depth of 16-feet minimum from T /Tie to T /Casing, installation by jack and bore, with face of jacking/receiving pits a minimum of 25-feet from Center Line of nearest track hereinafter referred to as the "faci 1ity,11 upon, along or across the right-of-way of Burlington, under the tracks of Burlington, as the case may be, at or near RENTON, in the County of King, State of Washington, to be located as follows, to-wit: Crossing at Line Segment 0410 -Survey Station N. Renton Spur 663+13 - Milepost N. Renton Spur 12.56-. - Permittee in consideration o such license and permission hereby covenants and promises as follows: 1. For this Permit, Permitt e will pay Burlington, in advance, the sum of FOUR HUNDRED FIFTY DOLLARS ($450. 0) for the entire time this permit remains in effect and Permittee will also p y or reimburse Burlington for all taxes and assessments that may be levied or assessed against said "facility". Burlington reserves the right to change th fee on future Permits at any time without notice. This provision shall in o way affect Burlington's right to terminate this permit pursuant to Paragraph 10 hereof. Either party hereto may assign any receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this. agreement. Permittee (or his CONTRACTOR) shall at Permittee's expense obtain and furnish to Burlington RAILROAD PROTECTIVE LIABILITY INSURANCE, or CERTIFICATE OF SELF-INSURANCE, in accordance with and subject to the terms of the Addendum attached hereto and made apart hereof. 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair said "facility", placing the same in accordance with the specifications provided in application dated 10/22/91, heretofore approved by the Burlington. Permittee shall fill in the excavation and restore the surface of the ground upon which the 11 facil ity" is 1 ocated to its previous condition subject to the Division Roadmaster's approval. Said Roadmaster shall have the right at any time when in his/her judgment it becomes necessary or advisable to require any material used in the work to be replaced with like material or with material of a more permanent character, also to require additional work or change of location of said "facility" as a matter of safety and/or appearance, or on account of additional tracks being laid, ~ _ e ~~ ::-.. ·-'7" ' ' :J . .· ;1, h, i \\ ,,, ! 'V..A ' A nov149ld222 . .• ·11 . . , ., · . ... ~· of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of Burlington's railroad, all of which shall be done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the Division Roadmaster at least 48 hours' advance notice of any work to be done by Permittee in the excavation, construc- tion, reconstruction, maintenance, repair, change of location or removal of the 11 facility11 , and shall conduct such work in such manner as not to interfere with the maintenance and operation of Burlington's railroad; however, if emergency work is necessary, Permittee shall make every effort to notify Roadmaster that such work is to be done. Permit tee sha 11, at their own expense, restore any facilities or said premises which are in any manner disturbed by such maintenance, repairs or removal. 4. In the event that Burlington, at the request of Permittee or any agent or contractor of Permit tee, or for the protection of Burlington property and operations, does any work, furnishes any material or flaqging service, or incurs any expense whatsoever on account of the excavation for, construction, recon- struction, maintenance, repair, change of location, removal of the 11facility11 or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for construction, reconstruction, maintenance, repair, change of location, or removal of the 11 facility11 , requires any or all of the following work: removal and replacement of track, bridging, protection of track or other railroad facilities by work or flagging, engineering and/or supervision, such work is to be performed by Burlington employees and the cost borne by Permittee. 5. (a) Fiber optic cable systems may be buried on Burlington's property. Permi ttee sha 11 telephone Burlington at 1-800-533-2891 (a 24-hour number) to determine if fiber optic cable is buried anywhere on Burlington's premises to be used by Permittee. If it is, Permittee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on Burlington's premises. In addition to the liability terms elsewhere in the Agreement, Permi ttee shall indemnify and hold Burlington harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permi ttee, its contractor, agents and/or employees, that causes or in any way or degree contributes to (1) any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington 1 s property, ( 2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Burlington's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). 6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the 11 facility11 which, in the opinion of Burlington, interferes with train signals in any way, telephone or telegraph lines, or other facilities of Burlington, Permittee, upon being informed by Burlington of such interference, shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid. and eliminate all such interference. Permittee further agrees to indemnify and save harmless Burlington from and against any damages, claims losses, suits, or expenses in any manner arising from or growing out of Permittee's interference with the signals, telephone, or telegraph lines of Burlington by the operation, use, or existence of any such grounding system. 7. Permittee shall and hereby releases and discharges Burlington of and from any and all liability for damage to or destruction of the said 11 facility11 , and any other property of Permittee located on or near Burlington's premises, and shall and hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees and agents of the parties hereto, and 1 oss of or damage to property to whomsoever bf' 1 ongi ng, including property owned by, leased to, or in the care, custody and control of the parties hereto, in any manner arising from or during the excavation for, construction, reconstruction, use, maintenance, repair or removal of said 11 facility11 , however such injury, death, loss, damage or destruction aforesaid may occur or be caused, demands, suits, action, damages, recoveries, judgment, costs, or expenses arising or growing out of or in connection with any such novl49!d222 i~ '.\u.··,·/ ) \\.,Y / ~"-, . .--' ,; . . r . " ., .. : injury, death, loss, damage, or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against Burlington on account of any such persona 1 injuries or death, and loss and damage to or destruction of property, and to pay and satisfy any final judgment that may be rendered against Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; PROVIDED, HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW 4.24.115), OREGON, IDAHO OR THE PROVINCE OF BRITISH COLUMBIA LAWS. - 8. Permittee shall not transfer or assign this permit without the written consent of Burlington. 9. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 10. It is expressly understood and agreed that Burlington may, so long as reasonable, at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days• written notice of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof, Permit tee, under the supervision and direction of the said Genera 1 Manager, or his authorized representative, shall remove said 11 facility11 from the right-of-way of Burlington and restore the right-of-way and premises of Burlington in a manner and to. such condition as shall be satisfactory to the said General Manager. If Permittee fails to remove the 11 facility11 and restore the said right-of-way to such condition within said thirty (30) day period, Burlington at its option may remove the same and restore the said right-of-way to its previous condition, and Permittee shall pay to Burlington the cost and expense thereof. 11. Upon any failure of Permittee to punctually and strictly to observe and perform the covenants and promises made herein by Permittee to be kept and performed, Burlington may terminate this Agreement on ten (10) d~ys 1 notice to Permittee, remove the 11 facility11 , and restore the right-of-way to its previous condition at the cost and expense of Permittee. 12. In the event of Permittee 1 s removal of the Pipeline from Burlington 1 s premises, Permittee aqrees to terminate said Agreement by notifying Burlington 1 s General Manager in writing of Permittee 1 s removal of Pipeline and termination of said Agreement within thirty (30) days from date of removal of said Pipeline from Burlington 1 s premises. 13. Any notices given under the provisions of this Agreement shall be good if deposited with the United States Postal Service addressed to Permittee at Permittee 1 s post office address above stated or as otherwise directed by Permittee. 14. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by Burlington affecting the premises upon which said 11 facility11 is located. Subject to the foregoing provisions, this Agreement and all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. nov149ld222 .. . .. " ... ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX91-16232 DATED December 2, 1991 The Permittee or his contractor(s) shall procure and maintain in full force and effect during the construction period and all future maintenance or reconstruction periods, which require the use of hehyy machinery or excavation of soil upon BURLINGTON'S Right-of-way or wit in FIFTY (50) FEET of BURLINGTON's tracks the following insurance: (1) Commercial General Liability (including contractual liability) against all claims arising out of bodily injury, illness and death and from damage to our destruction of property of others, including loss or use thereof, and including liability of Burlington, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence and (2) Railroad Protective Liability Insurance for _bodily injury and property damage, covering a 11 acts of the Permi ttee or his contractor during construction of Permit Number PX91-16232, with standard limits of $2,000,000 per occurrence, with an aggregate limit of $6,000,000. The BURLINGTON will be the named insured on the Railroad Protective Liability Policy. This Policy and the Certificate of fosurance for Genera 1 Liability must be submitted with this Permit. - The Railroad Protective Liability coverage may be provided by exercising one of the two following alternatives: (a) Permittee or his contractor(s) purchase a policy on the open market or (b) Permittee shall have the option to participate in the Burlington Blanket Railroad Protective Liability program by paying to Burlington in check, prior to the commencement of any work or access under this Permit, the amount of $250.00 referencing Permit No. PX91-16232. Prior to commencement of any work to be performed under this agreement, Permittee shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED IN (A) ABOVE, WITH the Permit No. PX91-16232 shown on the declarations page. It is understood that said insurance policy shall be so written that no insurance company shall have any recourse against Burlington, by way of subrogation or otherwise, for any loss covered by or paid or payable under said policies. R.L. ALIA COMPANY NORTHWEST BORING Contractor Subcontractor 9215 M.L. KING WAY SOUTH 13248 N.E. 177th PL Address Address SEATTLE, WA 98118 ph. 722-4900 WOODINVILLE, WA 98077-8750 ph. 483:09.19.l City, State, Zip, Phone Number City, State, Zip, Phone Number ROGER W. BROWN III WA 25680 Project Engineer's Name ROGER W. BROWN III WA 25680 Project Engineer's Name If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance required. NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON. BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FORNI SHED AND APPROVED BY BURLINGTON, AND THE ROADMASTER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: nov1491d223 Ms. Judith Harris Risk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 777 Main Street Fort Worth, TX 76102 Phone: 817-878-2374 FAX: 817-878-2377 .. .. IN WITNESS WHEREOF, Burlington and Permittee have executed this Agreement the day and year first above written. Title: Witnesses in presence of: METRO (Witness~~ ~ .. c.. ~6 By: .~.It&· ~ Title: ~J~~tf ~ (Witness~ ·>""~ '.?~· ... · .\ ' . . .,· ' nov149ld222 Page 1 of 1 10/12/2016http://www.pdfescape.com/open/RadPdf.axd?rt=c&dk=06D0DBE4y7zFbO_hpO_s22Ikwkn5FaOL6&pc=1&m...