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HomeMy WebLinkAboutLUA14-001181_Report 1STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office• 3190 160th Ave Sf• Bellevue, WA 98008-5452 • 425-649-7000
711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341
March 24, 2015
Richard DiCerchio
4005 Williams Ave N.
Renton, WA 98056
Re: City of Renton Permit-LUA14-001181, ECF, SM-Approved
Richard DiCerchio and Barbee Mill Waterfront LLC -Applicants
Shoreline Substantial Development Permit (SDP) #2015-NW-2728
Dear Mr. DiCerchio:
RECEIVED
MAR 3 0 2015
CITY OF RENTON
PLANNING DIVISION
On March 16, 2015, the Department of Ecology received notice that the City of Renton approved
your application for an SDP. Your SDP authorizes the construction of joint use residential
pier/dock, two mooring pile and two boatlifts within the Lake Washington Reach C-Shoreline
High Intensity Environment.
By law, local governments must review all SDPs for compliance with:
• The Shoreline Management Act (Chapter 90.58 RCW)
• Ecology's Substantial Development Permit approval criteria (Chapter 173-27-150 WAC)
• The City of Renton Local Shoreline Master Program
Local governments, after reviewing SDPs for compliance, are requrred to submit them to Ecology.
Your approved SDP has been received by Ecology.
Please note, however, that other federal, state, and local permits may be required in addition
to these shoreline permits.
What Happens Next?
Before you begin activities authorized by this permit, the law requires you wait at least 21 days
from March 16, 2015, the "date of filing." This waiting period allows anyone (including you) who
disagrees with any aspect of this permit to appeal the decision to the state Shorelines Hearings
Board. You must wait for the conclusion of an appeal before you can begin the activities
authorized by this permit.
The Shorelines Hearings Board will notify you by Jetter if they receive an appeal. We recommend
that you contact the Shorelines Hearings Board before you begin permit activities to ensure that no
appeal has been received. They can be reached at (360) 664-9160 or
http://www.eluho.wa.gov/Board/SHB.
DiCerchio Joint use Residential Pier
March 24, 2015
Page 2 of2
If you want to appeal this decision, you can find appeal instructions (Chapter 461-08 WAC) at the
Shorelines Hearings Board website above. They are also posted on the website of the Washington
State Legislature at: http://apps.leg.wa.gov/wac.
Other federal, state, and local permits may be required in addition to this shoreline permit.
If you have any questions about this letter, please contact me at (425) 649-4309.
Sincerely,
IY/~~
Misty Blair, Shoreline Specialist
Shorelands and Environmental Assistance Program
cc: Barbee Mill Waterfront LLC
Evan Wehr, Ecco Design Inc.
Kris Sorenson, Associate Planner, City of Renton
Karen Walter, Muckleshoot Indian Tribe Fisheries Div.
REPLY TO
ATTENTION OF
Regulatory Branch
Mr. Richard DiCerchio
4005 Williams A venue North
Renton, Washington 98056
Charles F. Conner, Manager
Barbee Mill Waterfront, LLC
4011 Williams Avenue North
Renton, Washington 98056
DEPARTMENT OF THE ARMY .
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755
MAR 1 3 2015
Reference: NWS-2014-761
Di Cerchia, Richard and
Barbee Mill Waterfront,
LLC
Dear Mr. DiCerchio and Mr. Conner:
We have reviewed your application to construct a new pier, and install two watercraft lifts
and two mooring piling in Lake Washington at Renton, King County, Washington. Based on the
information you provided to us, this "Letter of Permission" (LOP) permit authorizes your
proposal as depicted on the enclosed drawings, dated December 30, 2014, which are made part
of this permit. In order for this LOP authorization to be valid, you must ensure that the work is
performed in accordance with the enclosed Letter of Permission General Conditions and the
following special conditions:
a. You must provide a copy of the pennit transmittal letter, the permit form, and drawings
to all contractors performing any of the authorized work.
b. By accepting this permit, the permittee agrees to accept potential liability for both
response costs and natural resource damages, to the same extent as would be inherent under the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
as amended (42 U.S.C. 9601 et. Seq.). Further, the permittee agrees that this permit does not
exclude the permittee from liability under the CERCLA or the 1989 Washington State Model
Toxic Control Act (R.C.W. 70.105), nor does the permit waive any liability for response costs,
damages, and any other costs that may be assessed under the CERCLA. Additionally, the
permittee agrees the permi!tee will be financially responsible for any logistic problems
-2-
associated with the construction and operation ofthis project and potential clean-up operations in
this portion of Lake Washington. '
c. You must implement and abide by the Endangered Species Act (ESA) requirements
and/or agreements set forth in the Specific Project Information Form for Construction of New or
Modification of Existing Residential Overwater Structures and Drive Moorage Piling in Lake
Washington, dated October 9, 2014; and the Application Form for RGP I, Watercraft Lifts, dated
October 9, 2014. The National Marine Fisheries Service (NMFS) concurred with a finding of
"may affect, not likely to adversely affect" based on these documents on January 28, 2015
(NMFS Reference Number WCR-2015-1985). The U.S. Fish and Wildlife Service (USFWS)
concurred with a finding of "may affect, not likely to adversely affect" based on these documents
on January 26, 2015 (USFWS Reference Number OIEWFW00-2015-I-0200). Both agencies
will be informed of this permit issuance. Failure to comply with the commitments made in this
document constitutes non-compliance with the ESA and your Seattle District, U.S. Army Corps
of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance
with ESA.
d. In order to meet the requirements of the Endangered Species Act you may conduct the
authorized activities from July 16 through December 31 in any year this permit is valid. You
shall not conduct in-water work authorized by this permit from January 1 through July 15 in any
year this permit is valid.
e. A copy of this permit, permit drawings, mitigation planting plan, final authorization
letter, and joint-use agreement shall be recorded with the Registrar of Deeds and proof provided
to Seattle District, U.S Army Corps of Engineers (Corps), within 60 days after final Corps
authorization, to ensure that subsequent property owners are aware of the construction, use, and
mitigation requirements. As this authorization is for a joint-use pier, all co-applicants must
voluntarily agree to build no additional overwater structures on their property, except for the
maintenance or modification of the joint-use overwater structure. This voluntary agreement and
the documentation described above must be recorded on the deeds of all involved properties.
The project area has a long history of dredging and extensive shoreline modifications.
Please be aware that there is no guarantee the Corps will allow maintenance dredging at this site
in the future if sediments accumulate. If future maintenance dredging is proposed to maintain
navigation depth for this pier, impacts will be evaluated at the time a permit application is
submitted for that activity.
We have reviewed your project pursuant to the requirements of the Endangered Species Act
and the Magnuson-Stevens Fishery Conservation and Management Act in regards to Essential
Fish Habitat. The Corps has determined that this project will comply with the requirements of
the above laws provided you comply with special conditions "c" through "d" listed above.
-3-
Lake Washington is a water of the U.S. If you believe this is inaccurate, you may request a
preliminary or approved jurisdictional determination (JD). If one is requested, please be aware
that we may require the submittal of additional information to complete the JD and work
authorized in this letter may not occur until the JD has been completed.
Any change in the plans for this work will require !hat you submit revised drawings to this
office and receive our v.Ti!ten approval of !hose chm1ges prior to conducting the work. If you
object to any te1ms or conditions of this LOP or the JD, you may request an administrative
appeal under our regulations (33 CFR Part 331) as described in the enclosed Appeal Process
Fae/ Sheet and !he Nolificalion of Administrative Appeal Options and Process and Request/or
Appeal form.
Your authorization to conduct the proposed work under this permit expires 3 years from the
date of this letter. Within 30 days of completing the authorized work, you must fill out and
return the enclosed Certificate of Compliance with Department of the Army Permit form to the
address indicated on the form. Your signature on this form is our assurance you have conducted
the work and any required mitigation in accordance with the terms and conditions of this LOP,
including all special conditions. Please remember that failure to comply with the te1ms and
conditions of!his LOP, including any special conditions, will invalidate your authorization and
could result in a violation of Federal law.
Thank you for your cooperation during the permitting process. We are interested in your
experience with our Regulatory Program and encourage you to complete a customer service
survey form. This fonn and information about our program is available on our website at:
www.nws.usace.army.mil (select "Regulatory Branch, Permit Information").
While this project will not require further authorization from us, please note that it must
comply with all local, State, and other Federal requirements that may apply. A copy of this letter
and permit drawings will be furnished to Mr. Evan Wehr at Ecco Design, 203 North 361h Street,
Suite 201, Seattle, Washington 98103. If you have any questions about this letter or our
regulatory program, please contact Mr. Jonathan Smith at jonathan.smith@usace.army.mil or by
telephone at (206) 316-3037.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Enclosures
Colonel, Corps of Engineers
District Engineer
PROJECT INFORMATION
OWNER:
RICHARD DICJ=RCHIO -t fu..,-b~e. t-1, / I
W"'--te ".p.. ". f I L I. c..
DRAWINGS BY:
ECCO DESIGN INC.
203 N 36TH ST SUITE 201
SEATTLE, WA 98103
206-706-3937
SITE ADDRESS:
4005 & 4011 WILLIAMS AVE N
RENTON, WA 98056
PARCEL NUMBER:
(4005) 0518500480 & (4011) 0518500470
BODY OF WATER:
LAKE WASHINGTON
LEGAL DESCRIPTION:
(0518500480) BARBEE MILL TGW UNO INT IN TRS
A,B,C,D,E,F,G, H,1,K,L,M,N,O & P
(0518500470) BARBEE MILL TGW UNO INT IN TRS
A,B,C,D,E,F,G, H,l,K,L,M,N,O & P
VICINITY MAP
· · i.IJ ·. l,11e11La1,e SD £:11\"ess.~ ·
Mt.fi,11<1'!1
.•. Mf Baker
· BoU!evard
.,;..-la((e
· Pfop/e Park
1~i::l1.rnh';i
r:ilJ /,,;J; ~Its
Sa, J"~, S'.
nainier
1/a!lf!y
PROJECT SITE:
LAT: 47.52848° N
U,11
LON: -122.20532° W
NW 1/4 S:32 T:24N R:SE
"" ;,
'
ChisTTJ , .t WF>,>1 ~,
Beach P~r~ ~ B~ll,;,·d~ {)
:~ '1
Ki/r~mey 1
GlenPilrk L
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M~rcr:r
l!':!rtnrl
A·
fs)and
Cresl Paik
l
·~/
J
1
'Ji}
' 1 ,.
{ L---
' .
'
PROJECT DESCRIPTION:
CONSTRUCT NEW PIER (400 SQUARE FEET),
INSTALL TWO MOORING PILES, AND INSTALL
TWO NEW BOAT LIFTS. PLANT NATIVE
VEGETATION PER THE PLANTING PLAN.
I (o,j)
® ~-" ""'" M.;1wr-~kyway
PURPOSE: Boat Moorage
DATUM: C.O.E. Locks Datum
Est. 1919
ADJACENT PROPERTY
OWNERS:
1. Barbee Mill Waterfront LLC
2. The Lake Houses at Eagle Co
\ fm;tu
·:Gcil(Link:s ; r· --
NAME: Richard DiCerchio
REFERENCE#: NWS-2014-761
SITE LOCATION ADDRESS:
4005 & 4011 Williams Ave. N
Renton, WA 98056
t~J1<:I S'. Hi; 'f.l.~\
Renton ,.1
)1 ·-.-I -:,,-~
PROPOSED: Pier & Boat Lifts
IN: Lake Washington
AT: Renton
COUNTY: King STATE: WA
SHEET 1 of 8
DATE: December 30, 2014
PLEASE NOTE THAT THE RELINE
CONFIGURATION AND PR0, ~RTY LINE
LOCATIONS ARE APPROXIMATE ONLY.
PROPERTY LINES ARE BASED ON
SURVEY REC. NO. 20080208000182.
PROPOSED PIER~~--'~
W/TWO BOAT LIFTS &
TWO MOORING PILES
LAKE WASHINGTON
SITE PLAN
SCALE 1" ~ 60'-0"
\
OHWM
21.85'
\
\
\
OHWM
21.85'
OHWM---------
21.85'
0 125 FT
THE LAKE HOUSES
AT EAGLE CO
4001 WELLS AVE N
Reference: NWS-2014-761
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 2 of 8 Date: 12/30/2014
14' 6'-0"
,,---,DOCK LADDER
PROPOSED 12"0•--t--<
MOORING PILES
10" 0 STEEL
PILE SET
PROPOSED,--1-,?-~
BOAT LIFTS
THRUFLOW--------1~
GRATED
DECKING
Cl
N
DOCK LIGHT, TYP. (4 TOTAL)-------.JSf-,o:i~-----'t,
ELECTRICAL LINE TO BE RUN
FROM RESIDENCE AT 4005
WILLIAMS AVE. N.
4" 0 STEEL PILES
FOR FIRST SET
ELECTRICAL
CONDUIT
3" 0 STEEL PIN PILES-
DRIVEN ON LAND TO
SUPPORT LANDWARD
SECTION OF PIER
PLAN
SCALE 1" = 10'-0"
0
VIEW
20 FT
-
~
N
10" 0 STEEL
PILE SET
8" 0 STEEL
PILE SET
Cl
' Cl
"
9
Cl
"'
Reference: NWS-2014-761
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 3 of8 Date: 12/30/2014
UNITED STATES Prl'l!ili\rct;E. W'A ~
16 M.AR 201S PM 1 ~
• Sender: Please print your name, address, and ZIP+4 in this box •
\11111 • 1 \I, 1 I I 11 I \\J • Ii \I II 1l\ 1 I •1 I, 111 \ \ p • 1\ 1l \ 1I\ I\ 1ll 11 I'], 11
• Complete Items 1, 2 3. Also complete
item 4 if Restricted Delivery Is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailplece,
or on the front If space permits.
1. Article Addressed to:
X
B. Received
D. Is del~ttferent from item 1? '0 Yes
If YE~, T' aenvery Jcif1J9'2r}'fJ'"" p No
? ,;;, .'
g.-,z:-.' ,. ~ .i"J/
Wy. ~{f! /
~~ice Type
~ertifiedMail
D Registered
D Insured Mail
D Express Mail
D Retum Receipt for Merchandise
0 C.0.D.
4. Restricted Delivery? (Extra Fee) D
2. Article Number
(Transfer from service label) 7011 0470 0002 8894 2351
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
80'-0"
PROPOSED PIER
57'
----·----~-
PROPOSED BOAT LIFT~---..
OHW21.85'
ELEVATION VIEW
SCALE 1" = 10'-0"
0 30 FT
APPROX. LOCATION
OF LAKEBED
Reference: NWS-2014-761
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 4 of 8 Date: 12/30/2014
OHW 21.85'
A-A PIER SECTION
SCALE 1 /2" a 1'-0"
0 4 FT
TH RU FLOW GRATED
DECKING
4x6 STRINGERS
5 1 /8" X 12" G.L.B.
2x6 JOIST
4x6 JOIST@ 8' O.C.
ELECTRICAL CONDUIT
STEEL CAP @ PILES
1 O" 0 EPOXY COATED
STEEL PILE
Reference: NWS-2014-761
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 5 of 8 Date: 12/30/2014
LAKE WASHINGTON
OHWM
21.85'
NOTE: EXISTING PLANTINGS
ARE SHOWN IN GRAY,
PROPOSED PLANTINGS ARE IN
BLACK WI CALL OUT.
3 NOOTKA ROSE-
S RED-FLOWERING CURRANT
'6 TALL OREGON GRAPE
PROPOSED PIER
(400 SQ. FT.)
PLANTING PLAN
SCALE 1" = 20'-0"
0 60 FT
--3 NOOTKA ROSE
RICHARD DICERCHIO
4005 WILLIAMS AVE N
PROPOSED PLANT COUNT
RED-FLOWERING CURRANT -11 TOTAL
NOOTKA ROSE -6 TOTAL
TALL OREGON GRAPE -6 TOTAL _ . ')
SHORE PINE-4 TOTAL-( 1-/<!-j)l'\1 C\,..,-j "'/5
Reference: 1,111\1'} ·,Zr, J'f-1(,/
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 6 of 8 Date: 12/30/2014
EXISTING PLANT LEGEND
8 AMELANCHIER ALNIFOLIA / SERVICEBERRY
0 SAUX mc,rns,s, snKA w,cow
0 CORNUS STOLONIFERA / RED TWIG DOGWOOD
EE) MAHONIA AQUIFOLIUM / TALL OREGON GRAPE
@ MAHONIA NERVOSA / LOW OREGON GRAPE
G RIBES SANGUINEUM / RED FLOWERING CURRANT
0 ROSA NUTKANA / NOOTKA ROSE
@ SYPHORICARPOS ALBUS/ BALD-HIP ROSE
@ VACCINUM OVATUM / EVERGREEN HUCKLEBERRY
,I/, HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS
ALLIUM CERNUUM / NODDING ONION
D ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK
-FRAGARIA CHILOENSIS / BEACH STRAWBERRY
I > I GAUL THE RIA SHALLON / SALAL
Reference: NWS-2014-761
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 7 of 8 Date: 12/30/2014
PLANT MONITORING & MAINTENANCE PLAN
PLANTING PERFORMANCE STANDARDS
THE REQUIRED PERFORMANCE STANDARDS WILL BE MET
FOR THE 5-YEAR MONITORING PERIOD:
A. 100% SURVIVAL OF ALL TREES AND SHRUBS FOR THE
FIRST TWO YEARS.
B. 100% OF TREES AND 80% OF SHRUBS MUST SURVIVE
YEARS 3-5.
NEW PLANTING IDENTIFICATION
BECAUSE OF THE EXISTING PLANTINGS AT THE SITE, NEW
PLANTINGS DONE AS MITIGATION FOR THIS PROJECT WILL
BE MARKED WITH STAKES TO DIFFERENTIATE THEM FROM
THE EXISTING PLANTINGS SO THAT THEY CAN BE EASILY
MONITORED FOR THE PL.ANTING REPORTS.
PLANTING REPORTS
A STATUS REPORT ON THE PROJECT AND MITIGATION,
INCLUDING AS-BUILT DRAWINGS, WILL BE SUBMITTED TO
THE CORPS WITHIN 12 MONTHS FROM THE DATE THE
CORPS ISSUES APPROVAL TO THE PERMITTEE. PLANTING
MONITORING REPORTS WILL BE DUE ANNUALLY FOR 5
YEARS FROM THE DATE.
Reference: NWS-2014-761
Applicant: Richard DiCerchio
Proposed: Pier & Boat Lifts
At: Renton, WA
Sheet 8 of 8 Date: 12/30/2014
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Linda M Mills, being first duly sworn on oath that she is the Legal
Advertising Representative of the
Renton Reporter
a weekly newspaper, which newspaper is a legal newspaper of
general circulation and is now and has been for more than six months
prior to the date of publication hereinafter referred to, published in
the English language continuous! y as a weekly newspaper in King
County, Washington. The Renton Reporter has been approved as
a Legal Newspaper by order of the Superior Court of the State of
Washington for King County.
The notice in the exact form annexed was published in regular issues
of the Renton Reporter (and not in supplement form) which was
regularly distributed to its subscribers during the below stated period.
The annexed notice, a:
Public Notice
was published on February 13, 2015.
The full amount of the fee charged for said foregoing publication is
the sum of $112.00.
/ -..
/'_J;;,r,:&t ,,f'/ 4'w!~
GGnda M. Mills
Legal Advertising Representative, Renton Reporter
Subscribed and sworn to me this 13th day of February, 2015.
"f:C 61l..vt ,u_a-~
Kathleen C. Sherman, Notary Public for the State of Washington,
Residing in Buckley, Washington
,;. __
/
': ,',;' '.\'<
NOTICE OF
E'iVIRONMENTAL
DETERMINATION
~NVIRONMENTAL
REVIEW COMMITTEE
RENTON, WASHINGTON
The Environmental Review
Committee has issued a Determi-
nation of Non-Significance Miti-
gated (DNS? M) for the follow-
ing project under the authority of
the Renton municipal code.
DeCcrchio joint use pier,
boat lifts, and canopy
LUAl4-001181
Location: 4005 Williams Ave
N. Applicant requests Environ-
mental SEPA Review and ap-
proval of a Shoreline Substantial
Development Pennit for con-
struction of an 80-foot long joint
use dock. 2 mooring piles, and 2
free-standing boat lifts in asso-
ciation with 2 residences on the
shore of Lake WashingtoR a
Shoreline of Statewide Signifi-
cance. The project site is 17,348
sf in area in the R-10 zone Con-
struction materials would be
transported by barge. Eight steel
piles and 2 steel mooring piles
are to be installed by a barge-
mounted vibratory pile driver
Two steel pin piles would be
driven to support the landward
section of the dock. Native
shrubs and trees to be planted as
project mitigation
Appeals or the DNS-M must he
filed in writing on or berore
5:00 p.m. on February 27,
2015 Appeals must be filed
in writing together with the
required fee with:Hearing Exam-
mer c/o City Clerk, City of Ren-
ton, 1055 S Grady Way, Renton.
WA 98057. Appeals to the Hear-
ing Examiner are governed by
RMC 4-8-110 and more infonna-
tion may be obtained from the
Renton City Clerk's Office, 425-
430-6510
Published in the Renton Reporter
on February 13. 2015. # 1251848
March 4, 2015
State Department of Ecology
Northwest Regional Office
3190 160th Ave. SE
Bellevue, WA 98008-5452
Community & Economic Development Department
C.E. "Chi p"Vi ncent, Administrator
SUBJECT: Shoreline Management Substantial Development Permit for DiCerchio
Joint Use Residential Pier
File No. LUA14-001181, ECF, SM
Dear Sir or Madam:
Enclosed is the Shoreline Substantial Development Permit for the above referenced
project. The permit was issued by the City of Renton on March 4, 2015. A
Determination of Non-Significance-Mitigated was issued by the City's Environmental
Review Committee on February 13, 2015. The appeal period ended on February 27,
2015, and no appeals of the threshold determination were filed.
We are filing this action with the Department of Ecology and the Attorney General per
WAC 173-14-090. Please review this permit and attachments and contact me at (425)
430-6593 if you have any questions or need additional information.
Sincerely,
f::JA-t ~ .. Mui r ""'°
Kris Sorensen
Associate Planner
Enclosures: Administrative Decision
Legal Descriptions
Copy of Master Applications
Project Narrative
Neighborhood Detail Map
Notice of Application
SEPA Checklist
SEPA Determination
SEPA Determination Mitigation Measures
SEPA Determination Advisory Notes
cc: Office of Attorney General
Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov
Washington State Depa,
Page2of2
January 7, 2015
t of Ecology
Karen Walter, Muckleshoot Indian Tribe Fisheries Dept.
Vanessa Dolbee, Current Planning Manager
Barbee Mill Community Organization; c/o Shirley Ely-Morris Management 1nc/Owner
Michael & Dorothy Urban/Applicant
Troy Hussing, Ecco Design Inc/Contact
Ruth Kidd; Torben & Ginnie Hollinsworth; Allison Peryea; Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/
Party{ies) of Record
SM cover letter 14-001181
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.:
DATE RECEIVED
DATE OF PUBLIC NOTICE:
March 4, 2015
LUA14-001181, ECF, SM
August 28, 2014
September 17, 2014
Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline
Substantial Development Permit. This action is proposed on the following application:
PROJECT NAME:
PROJECT MANAGER:
OWNER/ APPLICANT:
CONTACT:
PROJECT LOCATION:
LEGAL DESCRIPTION:
DiCerchio Joint Use Residential Pier
Kris Sorensen, Associate Planner
Richard DiCerchio; 4005 Williams Ave N; Renton
WA 98056; and
Barbee Mill Waterfront LLC; 4011 Williams Ave N
Evan Wehr; Ecco Design Inc; 203 N 36th St #201;
Seattle WA 98103
4005 & 4011 Williams Ave N
4005 Williams Ave N: Lot 48, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
and utilities as delineated on the face of said plat;
And also together with an easement across Lot 47
for ingress, egress and utilities as delineated on
the face of said plat.
4011 Williams Ave N: Lot 47, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
City of Renton Department of Community & Economic Development
D/Cerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-00ll81, ECF, SM
Page 2 of 14
and utilities as delineated an the face of said plat.
SEC-TWN-R: NW-32-24-5
PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint
use residential pier/dock on the shore of Lake Washington. The dock would have a fully grated
80-foot long, 4 to 6 feet in width with a total area of 400 square feet. The applicant is
proposing to install a freestanding boatlift adjacent to an existing community boat dock. Two
boatlifts would be located next to the dock approximately 57 feet from the shoreline. The pier
construction would be accomplished by driving steel piles using a barge-mounted vibratory pile
and installing two 3-inch diameter steel pins on land to support the landward section of the
pier. Two 12-inch diameter steel mooring piles would be driven in the water on the southside
of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support
the pier consist of two 4-inch diameter steel piles, four 8-inch diameter steel piles, and two 10-
inch diameter steel piles. A canopy to cover the boatlift on the southern side of the dock was
originally proposed and is no longer being proposed.
The bottom of the dock is approximately 18 inches above the Ordinary High Water Mark
(OHWM). The proposed boat lifts would be approximately within 6 to 12 inches above the
OHWM in the most upward position when a boat sits on top of the bunkers in a parked
position. The boat lifts are approximately 12 feet by 10 feet in size (120 square feet in area) and
would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. The boat lifts were
originally proposed at 42 feet from the shoreline and have been revised and located further
waterward, at approximately 57 feet in distance from the shoreline. At the deepest point of the
lifts, they would be approximately 12 feet below the waterline.
Construction materials would be stored on a barge· brought to the site. The date of
construction would depend on when the necessary government approvals are issued.
Construction of the pier and installation of the boat lifts would take approximately two weeks
to complete from the start of work. The in-water work window within Lake Washington at the
site is open from July 16 to December 31. The work is proposed to be completed in July 2015.
The boatlifts would be pre-assembled and set in the lake by crane from the construction barge
following construction of the pier. A silt containment curtain would be installed around the
work area.
The joint use dock would provide moorage and facilitate access to Lake Washington for the
residents of the two upland properties. The subject properties have approximately 123 feet of
Lake Washington shoreline made up of existing rock bulkhead and a metal sheetpile bulkhead
with concrete cap.
City of Renton Department of Community & Econom;c Development
D/Cerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-00ll81, ECF, SM
Page 3 of 14
A planting mitigation plan provides for 4 Shore Pine trees, 6 Nootka Rose shrubs, 8 Red-
Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N
property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. A
monitoring and maintenance plan for the plantings has been provided to evaluate ongoing
performance of the plantings over a 5-year period.
The subject properties are part of the Conner Homes at Barbee Mill project which includes 114
lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of, but are not
limited to, duplexes and single-family residences. The overall site was formerly a lumber mill
facility. In order to restore the former industrial site to a site suitable for a residential
waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill
soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and
piling associated with the mill operation were removed; and shoreline restoration was
accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon
cessation ofthe mill operation. The cost fair market value of the project is $100,000.
An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-M) was
issued for this project on February 13, 2015. The appeal period of the determination ends
February 27, 2015.
FINDINGS OF FACT:
1. The applicant is requesting a Shoreline Substantial Development Permits for the
construction of a shared pier/dock connected to the shoreline, installation of two
mooring piles, and installation of two boat lifts for the use of two residential properties.
2. The site currently is comprised of two single family residences, each with landscaping
between the structure and shoreline and pathways to the shoreline that provide access
to the proposed dock. The properties on the north side developed with residential
homes and May Creek on the south side.
3. The shared pier would project waterward from the shoreline approximately 80 feet and
have boat lifts installed on either side approximately 57 feet from shore. Two mooring
piles are located approximately 14 feet south of the pier, one at 80 feet from shoreline
and the other 50 feet from the shoreline. The boat lift would be installed on the north
side of the existing Community Dock, 4 feet east of the inner harbor line, and
approximately 11 feet 6 inches from the sheetpile and concrete shoreline bulkhead to
the west.
4. The pier, boat lifts, and mooring piles would provide moo rage and facilitate access to
Lake Washington for use by residents and guests 4005 and 4011 Williams Ave N.
5. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-00ll81, ECF, SM
Page 4 of 14
from the shore to a distance of 40 feet waterword, and increases to 6 feet in width to
the end of the walkway, 80 feet waterword. The pier will be held in place by 8 steel
piles in the lake between 4 and 10 inches in diameter and 2 steel piles driven on land 3
inches in diameter.
6. The boat lift dimensions are approximately 175 square feet in area supported on the
lake bottom by four 1-foot wide by 1-foot long pads, with a total of 4 square feet sitting
on the lake bottom.
7. The two steel mooring piles are 12 inches in diameter.
8. The boat lifts are accessory to the shared pier, and are permitted outright per RMC
Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 12 feet below the
waterline at their most westerly deepest point.
9. The shared pier would extend waterword from the shoreline pastd the Inner Harbor line
into an area of Lake Washington regulated by Department of Natural Resources (DNR).
10. The subject site has priority habitat and is located in areas regulated by the City of
Renton Shoreline Master Program for Lake Washington and May Creek although the
project is only located in the Lake Washington regulated area. Steep slopes are located
on-site on the westerly portion of 4005 Williams Ave N. No other critical areas exist on
site.
11. Representatives from various city departments have reviewed the application materials
to identify and address issues raised by the proposed development. These comments
are contained in the official file, and the essence of the comments have been
incorporated into the appropriate sections of this report, the Environmental (SEPA)
Review Report, and the Departmental Recommendation at the end of this report.
12. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-
M) was issued for this project on February 13, 2015 with 5 mitigation measures. The
appeal period of the determination ended February 27, 2015. No appeals were filed.
13. An amended project biological evaluation by Marine Surveys & Assessments, dated
December 17, 2014, states that for this project there will be no net loss of ecological
functions and values which is consistent with the City of Renton' s Shoreline Master
Program.
14. The applicant received approval of the planting plan by the Barbee Mill homeowners
association for installation of the proposed plantings along May Creek shoreline and
Lake Washington shoreline.
15. A mitigation planting plan provides for installation of 4 Shore Pine trees, 6 Nootka Rose
\
City of Renton Department of Community & Economic Development
DiCerchia Joint Use Residential Pier
Shoreline Management Permit
LUAl4-00l18l, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 5 of 14
shrubs, 8 Red-Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005
Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams
Ave N property.
16. The following table contains project elements intended to comply with the Shoreline
Master Program standards and policies, as outlined in RMC 4-3-090:
A, COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCV', SHORELINE ELEMENTf .· . . ....
The site is located in the Shoreline Higti-lntensity qverlay District. Tlie' objectivir of; the Higff, Intensity
Overlay is to pmvide opportunities fodarge.;scate: office and cornmercial employment centersaswelt as
multi-family residentiaf use. and public: services; .• TMs district provides apport.unities. farwater-dependent
· and wate,-orientediuseswhile protecting el1isting;ec9loglci1Hun.citions and festorlng.e.l;CllOgica! fynctioM
in areas that have been previous!¥ deg~!fedt oev~r,oiirne~t rnay als(l< provide for public use .ind/or
. community. use:.especlalfit. aCCE!SS\t(!' an(t aJl:inlt tf'iit·water'sedgo;r;. Jhe propbli,11. ff compliant witl'i. the
following Shoreline pollcies:i · · · · · ' · ·
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Objective SH-A. Provide far use of the limited water resource consistent with the goals of
the Shoreline Management Act by providing a preference for water-oriented uses.
Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline
Master Program ensure that new uses, development, and redevelopment within the
shoreline jurisdiction do not cause a net loss of shoreline ecological functions.
Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City
of Renton should be designed to ensure no net lass of ecological functions.
Policy SH-14. Shoreline use and development should be carried out in a manner that
prevents or mitigates adverse impacts so that the resulting ecological condition does not
became worse than the current condition. This means ensuring no net lass of ecological
functions and processes in all development and use. Permitted uses should be designed and
conducted to minimize, in so far as practical, any resultant damage to the ecology and
environment (RCW 90.58.020). Shoreline ecological functions that should be protected
include, but are not limited to, fish and wildlife habitat, food chain support, and water
temperature maintenance. Shoreline processes that shall be protected include, but are not
limited to, water flaw; littoral drift; erosion and accretion; infiltration; ground water
recharge and discharge; sediment delivery, transport, and storage; large woody debris
recruitment; organic matter input; nutrient and pathogen removal; and stream channel
formation/maintenance.
B. DEVELOPMENT STANDARDS:
The subject site where the pier will be located is classified as Shoreline High Intensity on the City of
Renton Shoreline Overlay Map. The following development standards are applicable ta the proposal:
1. No Net Loss of Ecological Functions Required
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 6 of 14
Shoreline use and development shall be carried out in a manner that prevents or mitigates
adverse impacts to ensure no net loss of ecological functions and processes in all
development and use. Permitted uses are designed and conducted to minimize, in so far as
practical, any resultant damage to the ecology and environment {RCW 90.58.020). Shoreline
ecological functions that shall be protected include, but are not limited to, fish and wildlife
habitat, food chain support, and water temperature maintenance. Shoreline processes that
shall be protected include, but are not limited to, water flow; erosion and accretion;
,I' infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage;
large woody debris recruitment; organic matter input; nutrient and pathogen removal; and
stream channel formation/maintenance.
Staff Comment: The applicant provided an addendum to the biological assessment,
authored by Morine Surveys & Assessments (who also authored the biological review)
stating that the project and mitigation measures and proposed plantings provide for no net
loss of ecological functions and values which is consistent with the City of Renton's Shoreline
Moster Program.
2. Burden on Applicant
Applicants for permits have the burden of proving that the proposed development is
consistent with the criteria set forth in the Shoreline Master Program and the Shoreline
,I' Management Act, including demonstrating all_ reasonable efforts have been taken to
provide sufficient mitigation such that the activity does not result in net loss of ecological
functions.
3. View Obstruction and Visual Quality
View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or
multi-lot developments are proposed, primary structures shall provide for view corridors
between buildings where views of the shoreline are available from public right-of-way or
trails.
N/A Staff Comment: The proposed shared dock and associated mooring piles and boat lifts are
not a primary structure and the dock would be approximately 2.5 feet above the waterline
and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet
above the waterline.
Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet
above average finished grade level except at specific locations.
,I' Staff Comment: The dock and boat lifts are less than 35 feet in height above the waterline as
mentioned in the previous section. The dock is proposed to project waterword from the
shoreline, which is a lower grode than the building pads the existing homes are built on.
Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All
new or expanded commercial development adjacent to residential use and public parks shall
N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such
as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape
areas may be required to provide a visual screen.
.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 7 of 14
Lighting Requirements: Display and other exterior lighting shall be designed and operated so
as to prevent glare, to avoid illuminating nearby properties used for noncommercial
purposes, and to prevent hazards for public traffic. Methods of controlling spillover light
include, but are not limited to, limits on the height of light structure, limits on light levels of
fixtures, light shields, and screening . .,
Staff Comment: The proposed shored dock has four dock lights, with two on either side of the
dock and ore not anticipated to create glare, illuminate nearby residential properties, or
create hazards for public traffic. As o port of the SEPA Environmental Review, a mitigation
measure was applied to the project requiring the lights to have an amber hue, which is
anticipated to further reduce impacts of the lights.
N/A
Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ
materials that limit reflected light.
Integration and Screening of Mechanical Equipment: Building mechanical equipment shall
be incorporated into building architectural features, such as pitched roofs, to the maximum
extent feasible. Where mechanical equipment cannot be incorporated into architectural
features, a visual screen shall be provided consistent with building exterior materials that ., obstructs views of such equipment.
Staff Comment: Conduit containing electric wiring is proposed as part of the dock proposal.
The conduit is below the walking surface grate, between the supporting stringers that the
grate sits upon, which provides for the wiring to be screened from view.
Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated
into buildings including fences, piers, poles, wires, lights, and other freestanding structures
shall be designed to minimize visual prominence . .,
Staff Comment: The freestanding boat lifts on either side of the shared pier at their highest
point would be below the nearby shoreline bulkhead without a boat, and below the top of
the pier at the highest point without a boat.
Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated
buffers shall not exceed four feet in width; provided, that where ADA requirements apply,
such facilities may be increased to six feet in width. Stairways shall conform to the existing ., topography to the extent feasible.
Staff Comment: The existing walkway along the two properties' shared property line is 4 feet
in width, is concrete, and therefore does not exceed the four foot width.
4. Community Disturbances:
Noise, odors, night lighting, water and land traffic, and other structures and activities shall
., be considered in the design plans and their impacts avoided or mitigated .
Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or
other water and land traffic disturbances beyond those that are part of water and boating
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 8 of 14
related activities on the lake and that occur with a shared pier and moorage.
5. Public Access:
.
Physical or visual access to shorelines shall be incorporated in all new development when the
development would either generate a demand for one or more forms of such access, would impair
existing legal access opportunities or rights, or is required to meet the specific policies and regulations of
the Shoreline Master Program.
N/A
Lake Washington Reach C: The potential for provision of public access from new
development will occur after cleanup of the Superfund site with multi-use development,
which shall include shoreline access across the entire property, with controlled access to the
water's edge, consistent with requirements for vegetation conservation and ecological
restoration and provisions for Nater-dependent use, consistent with standards of this
Section. Provision of public access from future redevelopment of the Sea hawks and Barbee
Mill site shall include a continuous public access trail parallel to the shoreline with controlled
public access balanced with provisions for ecological restoration, as well as to shared or
commercial docks, consistent with standards of this Section.
Staff Comment: The dock, two boatlifts, and mooring piles will not impact or reduce public
access established through the Barbee Mill lumber mill clean-up and redevelopment.
6. Building and Development Location,... Shoreline Orientation
Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions
of their developments along the shoreline. Development and use shall be designed in a manner that
directs land alteration to the least sensitive portions of the site to maximize vegetation conservation;
minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect
wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic
values
Location of Development: Development and use shall be designed in a manner that directs
land alteration to the least sensitive portions of the site.
Staff Comment: The applicant's biological habitat evaluation and related addendums provide
an analysis. The location of the shared dock is at the furthest distance from May Creek os
possible, which has a more sensitive shoreline designation then Lake Washington.
Additionally, comments received from reviewing agencies have been integrated into the
project by the applicant and provided far improved site development to reduce impacts in
the shoreline and lake areas. In the initial proposal for the project, one of the boat lifts was
proposed with a canopy, the boatlifts were ta be installed at approximately 42 feet from the
shoreline, and no trees were proposed as part of project mitigation. After receipt of
comments received from reviewing agencies, the applicant revised the project. The boat lift
canopy is no longer proposed. The boat lifts ore now proposed 57 feet into the lake, 15 feet
further than proposed. Additionally, native plantings are to be installed in closer proximity of
the Lake Washington shoreline and May Creek shoreline and will include four Shore Pine
trees. Based on the revised project proposal, the docks and associated boat lifts are located
in the least sensitive portion of the site.
City of Renton Department of Community & Economic Development
DiCerchlo Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 9 of 14
Minimization of Site Alteration: Development shall minimize site alteration in sites with
substantial unaltered natural features by applying the following criteria:
(a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading,
and alteration of topography and natural features.
(b) Impervious surfacing for parking lot/space areas shall be limited through the use of
under-building parking or permeable surfaces where feasible.
(c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible.
(d) Development shall be located and designed to avoid the need for structural shoreline
stabilization over the life of the development. Exceptions may be made for the limited ., instances where stabilization is necessary to protect allowed uses, particularly water-
dependent uses, where no alternative locations are available and no net loss of ecological
functions will result.
Staff Comment: Criteria "d" above is applicable to the project. The installation of the shored
dock will have a physical connection with the shoreline. To help stabilize the project into the
future, the project has been designed to use posts driven into the lake to support the
structure with two pin piles to be driven at the beginning of the pier on the shoreline to
support the landward section of the pier. It is not anticipated that the proposal would create
structural destablization in the future. Any stabilization work if required in the future, would
require o shoreline permit and provide required anlysis ta evaluate possible impacts af
ecological functions and mitigation requirements.
Location for Accessory Development: Accessory development or use that does not require a
shoreline location shall be located outside of shoreline jurisdiction unless such development
is required to serve approved water-oriented uses and/or developments or unless otherwise
allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or
N/A developments such as parking, service buildings or areas, access roads, utilities, signs and
storage of materials shall be located inland away from the land/water interface and
landward of water-oriented developments and/or other approved uses unless a location
closer to the water is reasonably necessary.
Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of
reasonable access to navigable waters. Existing water-related recreation shall be preserved.
Staff Comment: The proposed location is in on area of Lake Washington where navigation is ., limited, as the site dead-ends into a shoreline sheet pile and concrete cap and bulkhead to
the east, and is in an area where other piers are located. As such, the placement of the
shared pier, mooring piles, and boat lifts at this location would not result in unreasonable
impacts to navigation or recreation.
7. Archaeological, Historical, and Cultural Resources:
Detailed Cultural Assessments May Be Required: The City will work with tribal, State,
., Federal, and other local governments as appropriate to identify significant local historical,
cultural, and archaeological sites in observance of applicable State and Federal laws
protecting such information from general public disclosure. Detailed cultural assessments
City of Renton Department of Community & Economic Development
D/Cerchlo Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 10 of 14
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may be required in areas with undocumented resources based on the probability of the
presence of cultural resources.
Staff Comment: The reviewing agency comments received as part of the SEPA review ·
process, provided the applicant a response from the State Department of Archaeolagy &
Historic Preservation (DAHP) that a professional archealogical survey is nat necessary and
would probably not be useful. The Department requested that an inadvertent discovery plan
be provided for the project. As part of the City's environmental review, the City has required
an inadvertant discovery plan as a mitigation measure, as requested by the DAHP. The
lnadvertant Archeologica/ and Historic Resource Discovery Plan requires actions upon
discovery of protected cultural material, human remains, and/or cultural material that may
be protected by law.
Coordination Encouraged: Owners of property containing identified or probable historical,
cultural, or archaeological sites are encouraged to coordinate well in advance of application
for development to assure that appropriate agencies such as the Washington State
Department of Archaeology and Historic Preservation, affected tribes, and historic
preservation groups have ample time to assess the site and identify the potential for cultural
resources.
Staff Comment: See comment above.
Detailed Cultural Assessments Required: Upon receipt of application for a development in
an area of known or probable cultural resources, the City shall require a site assessment by
a qualified professional archaeologist or historic preservation professional and ensure
review by qualified parties including the Washington State Department of Archaeology and
Historic Preservation, affected tribes, and historic preservation groups.
Staff Camment: See comment above.
Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are
discovered in the process of development, work on that portion of the site shall be stopped
immediately, the site secured, and the find reported as soon as possible to the
Administrator of the Department of Community and Economic Development or designee.
Upon notification of such find, the property owner shall notify the Washington State
Department of Archaeology and Historic Preservation and affected tribes. The Administrator
of the Department of Community and Economic Development or designee shall provide for
a site investigation by a qualified professional and may provide for avoidance, or
conservation of the resources, in coordination with appropriate agencies.
Staff Comment: See comment above.
Access for Educational Purposes Encouraged: Land owners are encouraged to provide access
to qualified professionals and the general public if appropriate for the purpose of public
education related to a cultural resource identified on a property.
Staff Comment: See comment above.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
WA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 11 of 14
8. Standards for Density, Setbacks, and Height-Activities Exempt from Buffers and Setbacks
The following development activities are not subject to buffers and setbacks; provided, that they are
constructed and maintained in a manner that minimizes adverse impacts on' shoreline ecological
functions; and provided further, that they comply with all the applicable regulations in RMC Title IV.
,/
Water-Dependent Development: Those portions of approved water-dependent
development that require a location waterward of the OHWM of streams, rivers, lakes,
ponds, marine shorelines, associated wetlands, and/or within their associated buffers.
Staff Comment: The shared pier is a facility primarily for moorage and use by residents and
guests of the two residential properties.
9. Use Regulations:
a. Boat Lifts:
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Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are
placed as far waterward as feasible and safe, and platform lifts are fully grated.
Staff Comment: See the above report subsection 6. "location of Development".
b. Recreation Use: Piers and Docks
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N/A
N/A
Piers and docks shall be designed to minimize interference with the public use and
enjoyment of the water surface and shoreline, nor create a hazard to navigation.
Staff Comment: The proposal is a shared dock, maorage pi/es, and boat lifts, and being a
shared facility lessens the number of docks in the water that may cause interference with the
public use and enjoyment of the water. The pier, maorage pilings, and boat lifts project
design is anticipated ta minimize interference with the public use and enjoyment of the
water and shoreline, and is not anticipated ta create a hazard ta navigation.
The dock or pier shall not result in the unreasonable interference with the use of adjacent
docks and/or piers.
Stoff Comment: The project location and design is not anticipated to result in unreasonable
interferere with the use of adjacent docks.
The use of floating docks in lieu of other types of docks is to be encouraged in those areas
where scenic values are high and where substantial conflicts with recreational boaters and
fishermen will not be created.
The expansion of existing piers and docks is preferred over the construction of new.
Staff Comment: The project is a shared pier and is new. The shared pier provides for two
properties' use of one dock, rather than the construction of two individual piers far each
property.
City of Renton Department of Community & Economic Development
DiCerchlo Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 12 of 14
N/A
N/A
The responsibility rests on the applicant to affirmatively demonstrate the need for the
proposed pier or dock in his/her application for a permit, except for a dock accessory to a
single family residence on an existing lot.
Staff Comment: The project is a dock accessary to single family residences.
All piers and docks shall result in no net loss of ecological functions. Docks, piers, and
mooring buoys, including those accessory to single family residences, shall avoid, or if that is
not possible, minimize and mitigate adverse impacts to shoreline ecological functions such
that no net loss of ecological functions results.
Staff Comment: The biological evaluation and addendum to the evaluation determines that
na net lass of ecological function will result from this project's unavoidable impacts due to its
water deptendent use.
Over-water construction not required for moorage purposes is regulated as a recreation
use.
New or expanded piers and docks allowed for water-dependent uses shall be consistent
with the following criteria.
• Water-dependent uses shall specify the specific need for over-water location and
shall be restricted to the minimum size necessary to meet the needs of the
proposed water-dependent use.
• Water-related, water-enjoyment and multiple uses may be allowed as part of a dock
or pier to serve as water-dependent use structures where they are clearly auxiliary
to and in support of water-dependent uses, provided the minimum size requirement
needed to meet the water-dependent use is not violated.
• Public access is required over all docks utilizing public aquatic lands that serve
water-dependent uses, water-enjoyment uses and multiple uses, provided it does
not preclude the water-dependent use.
• The dock or pier length shall not extend beyond a length necessary to provide
reasonable and safe moorage.
Staff Comment: Boat moorage far the single family residences is proposed through the
construction of on aver-water pier, mooring piles, and boat lifts. The project impacts and
coverage areas are less than the construction af two individual piers, as the project is a
shared pier. The pier length does not extend beyond a length necessary to provide
reasonable and safe moorage.
Development of this project shall be undertaken pursuant to the following terms and
conditions:
1. The applicant shall comply with the mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated February 9, 2015.
This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to
the following:
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-001181, ECF, SM
Page 13 of 14
1. The issuance of a license under the Shoreline Management Act of 1971 shall not release
the applicant from compliance with federal, state, and other permit requirements.
2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management
Act of 1971 in the event the permittee fails to comply with any condition(s) hereof.
3. Construction permits shall not be issued until twenty-one (21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
, .. m~::.t!!~.::tL 9/ll /-ut~
Date
Department of Community & Economic Development
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made
. directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within
the twenty-one (21) days of receipt of the final order and concurrently filing copies of such
request with the Washington State Department of Ecology and the Attorney General's office as
provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal
notices shall also be filed with the City of Renton Planning Division and the City Clerk's office.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the
decision be reopened by the approval body. The approval body may modify his decision if
material evidence not readily discoverable prior to the original decision is found or if he finds
there was misrepresentation of fact. After review of the reconsideration request, if the
approval body finds sufficient evidence to amend the original decision, there will be no further
extension of the appeal period. Any person wishing to take further action must file a formal
appeal within the 14-day appeal time frame.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized
by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program must be
commenced within two (2) years of the effective date of a shoreline permit, or the shoreline
permit shall terminate, and a new permit shall be necessary. However, the Planning Division
may authorize a single extension for a period not to exceed one year based on reasonable
factors, if a request for extension has been filed with the Planning Division before the
expiration date, and notice of the proposed extension is given to parties of record and the
Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Resident/al Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-001181, ECF, SM
Page 14 of 14
issued, and foundation inspections must be completed before the end of the two (2) year
period.
Exhibits/ Attachments:
• DiCerchio Joint Use Pier Plan Sheet, Sheets Al.0 and A2.0, prepared by Ecco Design, dated revision
November 11, 2014.
• Planting Plan, prepared by Ecco Design
cc: Office of Attorney General
Karen Walter, Muckleshoot Indian Tribe Fisheries Dept.
Vanessa Dolbee, Current Planning Manager
Barbee Mill Community Organization; c/o Shirley Ely-Morris Management Inc
Richard DiCerchio/Owner
Barbee Mill Waterfront LLC/
Evan Wehr, Ecco Design Inc/Applicant/Contact
Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party(ies) of Record
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OHWM---
21.85'
NOTE: EXISTING PLANTINGS
ARE SHOWN IN GRAY,
PROPOSED PLANTINGS ARE IN
BLACK W/ CALL OUT.
3 NOOTKA ROSE
5 RED-FLOWERING CURRANT
6 TALL OREGON GRAPE
PLANTING
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1 . (400 SQ. FT.)
PROPOSED
BOAT LIFTS
PLAN
SCALE 1" = 20'-0"
o 60 FT
EXHIBIT
3 NOOTKA ROSE
RICHARD DICERCHIO
4005 WILLIAMS AVE N
/ 4 SHORE PINE
-· --· -· -· -· -· -·
--~ ..--~ .. -· -·
PROPOSED PLANT COUNT
RED-FLOWERING CURRANT • 11 TOTAL
NOOTKA ROSE • 6 TOTAL
TALL OREGON GRAPE • 6 TOTAL
SHORE PINE • 4 TOTAL
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City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
NAME: Barbee Mill Watertront LLC DiCerchio Pier
ADDRESS: 4011 Williams Ave. N
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:
4005 &4011 Williams Ave. N
Renton, WA 98056
CITY: Renton, WA ZIP: 98056
TELEPHONE NUMBER:
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
0518500480
0518500470
APPLICANT (if other than owner)
NAME:
EXISTING LAND USE(S):
Residential
COMPANY (if applicable):
PROPOSED LAND USE(S):
No Change
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
ADDRESS: COR
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
CITY: ZIP: (if applicable)
EXISTING ZONING:
TELEPHONE NUMBER: R-10
CONT ACT PERSON PROPOSED ZONING (if applicable):
NAME: Evan Wehr
SITE AREA (in square feet):
6,592
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
COMPANY (if applicable): ecco design inc. DEDICATED:
ADDRESS: 203 N 36'h St. #201
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: Seattle, WA ZIP: 98103 ACRE (if applicable)
TELEPHONE NUMBER AND EMAIL ADDRESS:
I
NUMBER OF PROPOSED LOTS Qf f!p_plicable) -,
.. ,,..,-.
·-206-706-3937
evan@eccodesigninc.com NUMBER OF NEW DWELLING U~l,T~}if)~pllcable):
C:\Users 1 LoriC\, \.ppData\Local\Microsoft\ Windows\Temporary Internet Files\Content.Outlook\UFS6 VZAS\neighbor land use masfut app.doc· -I •
PROJECT I NFORMAT.-:.-10=-N:_:_i( c=-o::..:n.:.:t~i n:..:::uc.::.e~d),___ ______ _
~I UMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE:
1 $100,000
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
i BUILDINGS (if applicable):
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
I
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): 3,760 D AQUIFIER PROTECTION AREA ONE
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROTECTION AREA TWO
BUILDINGS (if applicable):
D FLOOD HAZARD AREA sq. ft.
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft.
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft.
applicable):
D SHORELINE STREAMS & LAKES sq. ft.
~IUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW i PROJECT (if applicable):
--~----~-------
D WETLANDS sq. ft.
LEGAL DESCRIPTION OF PROPERTY
I Attach leaal descriptian on separate sheet with the followinA information included)
SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5E , IN THE
CITY OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
I. (Print Name/s). .CtID (./1 i 'jITT ,1 Q , declare under penalty of perjury under t~e lav,s of the State of
Washington that 1 am (please check one) __ the current owner of the property involved in this application or X the authorized
representative to act for a corporation (please anach proof of authorization) and that the foregoing statements and answers herein
contained and the information herewith are in all respects true and correct to the best of my knowledge and belief.
' ' I) /-/ 'ilc ,.< ( ( L,.-Jt n,:;., 2,/? 2 /Ji...f
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Signature of Owner/Representative Date Signature of Owner/Representative Dale
, • j , '---I' .. --Cc(. t_'~-, 1., ._ <..:v ·1-i.,/ ,:./ :.)j'-1 ;,\._.:'-.__...,
STATE OF WASHINGTON )
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COUNTY OF KING )
I certify that I know or have satisfai,t.Q,<,X,~ (dence that Ltm Ch I ~ al {{ IJ
signed this instrument a_nd a~~et~ -~i> his/her/their free and voluntary act for the
uses and purpose ment10~ \\\\\\ 111 -~ ,,,,, 111,, ~ ~ f: ..a $'<:,~\ON 11-t. ,,,, '-i,, /
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City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
NAME: Richard DiCerchio DiCerchio Pier
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:
ADDRESS: 4005 Williams Ave. N 4005 & 4011 Williams Ave. N
Renton, WA 98056
CITY: Renton, WA ZIP: 98056
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
TELEPHONE NUMBER: 425.922.3745 0518500480
0518500470
APPLICANT (if other than owner)
EXISTING LAND USE(S):
NAME: Residential
PROPOSED LAND USE(S):
COMPANY (if applicable): No Change
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
ADDRESS: COR
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
CITY: ZIP: (if applicable)
EXISTING ZONING:
TELEPHONE NUMBER: R-10
CONT ACT PERSON PROPOSED ZONING (if applicable):
NAME: Evan Wehr
SITE AREA (in square feet):
10,756
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
COMPANY (if applicable): ecco design inc. DEDICATED:
ADDRESS: 203 N 36th St. #201
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: Seattle, WA ZIP: 98103 ACRE (if applicable) r--. r-::-..
TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable)' . .. '
206-706-3937
,' T I•" , ;) ..... "1. r :-·, ) .. j . ; / .'
evan@eccodesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable): . .
C:\Users\Dick\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\VU4572MX\land use master app.doc -I -
PROJ~CT INFORMATION (continuel ~-~----~~-------------,
NUMBER OF EXISTING DWELLING UNITS (if applicable):
1
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): 4,410
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable):
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable):
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if
applicable):
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
PROJECT (if applicable):
PROJECT VALUE:
$100,000
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
0 AQUIFIER PROTECTION AREA ONE
0 AQUIFIER PROTECTION AR~ TWO
I
0 FLOOD HAZARD AREA sq. ft.
0 GEOLOGIC HAZARD sq. ft.
0 HABITAT CONSERVATION sq. ft.
0 SHORELINE STREAMS & LAKES sq. ft.
0 WETLANDS sq. ft.
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N ,RANGE 5E , INTHE
CITY OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s) '<1 c.., liti,::) I Clos /,,.,-'o· hJ, G rc4t<{declare under penalty of perjury under the laws of the State of
Washington that I am (please check one) __ the current owner of the property involved in this application or __ the auihorized
representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein
contained and the information herewith are in all respects true and correct to the best of my knowledge and belief.
/trLv~t{!Lth
I
Signature of Owner/Representative Signature of Owner/Representative
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ·:g ,' ~~~ \) ~ L ~ ~~ ,' 0
signed this instrument and acknowledge it to be his/her/their free and voluntary act for the
uses and purpose mentioned in the instrument.
~'"''"""'' Dated ~--'~,~~R LA~ 1,111
Notary Public in le of Washington
Date
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; ffu ra~ ~ ~ ~ -• ... r,n~ ,: 9 ,, -./ -::::7 ~ ~ % 4 tJa• ,v j ~ E My appointment expires: --~----L_O_-__ l~ (:)~---------
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Project Narrative
DiCerchio Pier
The proposed project is to install a new joint use pier with two boat lifts, one translucent
canopy, and two mooring piles for the properties located at 4005 and 4011 Williams
Avenue North in Renton Washington. A shoreline substantial development permit and
environmental review are required from the City of Renton. The project site and adjacent
properties are zoned as Residential 1 Odu/ac (R-10). The project site is on the shoreline of
Lake Washington and is approximately 175' from May Creek. A portion of the shoreline
is armored with a concrete and steel bulkhead while the remaining portion is armored
with a rock bulkhead. Richard DiCerchio is the owner of the property at 4005 Williams
Avenue North. 4011 Williams Avenue North is currently owned by Barbee Mill
Waterfront LLC. Both properties are single family residential lots that have existing
single family houses. The proposed pier will be 400 square feet in area and will be fully
grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that
extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel
piles, and two l 0" diameter steel piles will be driven by a barge-mounted vibratory pile
driving system to support the pier. Two 3" diameter steel pin piles will be driven on land
to support the landward section of the pier. Also two 12" diameter steel mooring piles
will be driven. Two free standing boat lifts will be installed at the pier. A single 10.5' by
3.0' translucent boat canopy will be installed on the boat lift to be located at 4005
Williams Ave North. A dock ladder will be installed at the end of the pier. The
estimated fair market value of the project is $100,000. A geotechnical report will be
submitted with the building permit application. Per Renton Municipal Code section 4-6-
030 E. I. a. a drainage control plan is not necessary because the area of the pier and
canopy is 715 square feet which is less than the 2,000 square foot threshold. There is an
existing concrete stair walkway that ends where the pier will connect to land. Twenty-
two native shrubs will be planted along the shoreline.
;,
LAKE
WASHINGTON
/
NEIGHBORHOOD DETAIL MAP
SCALE 1" = 200'
0 500 FT
.. --
t:astside Rall Corridor
Renton
N 40TH ST.
======"'"
,
NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF
NON-SIGNIFICANCE-MITIGATED (DNS-M)
A Master Application has been flied and accepted with the Department of Community & Economic Development
[CED) -PlanninB Division of the City of Renton. The following briefly describes the appllcatlon and the necessary
Publlc Approvals.
DATE OF NOTICE OF APPLICATION:
LAND USE NUMBER:
PROJECT NAME:
September 17, 2014
LUA14-0001181, ECF, SM
DiCerchio Pier
PROJECT DESCRIPTION: The appllcant ls requesting Envlronmental (SEPA) Review and approval of a
Shoreline Substantial Development Permit for the construction of an 80-foot long joint use dock, one translucent
canopy, two mooring piles, and two free-standing boat lifts in association with two attached residentlal units on the
shore of Lake Washington,. a Shoreline of Statewide Significance. The proposed project 5ite encompasses two lots
(10,756 and 6,592 square feet) for a total area of 17,348 square feet in the R-10 zone. Construction materlals would be
transported to the site by barge. Eight steel piles are proposed to be Installed by a barge-mounted vibratory pile driver.
Two steel mooring piles would also be driven. To support the landward section of the dock, two steel pin piles would be
driven. Twenty-two native shrubs would be planted along the shoreline.
PROJECT LOCATION: 4005 & 4011 Williams Ave N
OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (ONS.M): As the Lead Agency, the City of Renton has
determined that significant environmental Impacts are unlikely to result from the proposed project. Therefore, as
permitted under the RCW 43.ZlC.110, the City of Renton is using the Optional DNS-M process to give notice that a
DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are Integrated into a single
comment period. There will be no comment period following the issuance of the Threshold Detemilnatlon of Non-
Significance-Mitigated (ONS-M). This may be the only opportunity to comment on the environmental impacts of the
proposal. A 14-day appeal period will follow the issuance of the DNS-M.
PERMIT APPUCATION DATE:
NOTICE OF COMPLETE APPLICATION:
August 28, 2014
September 171 2014
APPLICANT/PROJECT CONTACT PERSON: Evan Wehr/Ecco Design, Inc./ 203 N 36th St, Ste. 201/ Seattle, WA
98103
Permits/Review Requested:
Other Permits which may be required:
Requested Studies:
Location where app/lcatfon may
be reviewed:
Environmental (SEPA) Review, Shoreline Substantial Development
Building Permit
Biological Assessment, Stream/Lake Study
Department of Community & Economic Development (CED)-Planning
Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA
98057
If you would like to be made a party of record to receive further infom,ation on this proposed project, complete this
form and return to: City of Renton, CED-Pl.iinning Division, 1055 So. Grady Way, Renton, WA 98057.
Name/File No.: DICerchio Pier/ LUA14-001181, ECF, SM
NAME:----------------------------------
MAILING ADDRESS: _______________ City/State/Zip: _________ _
TELEPHONE NO.: ---------------
CONSISTENCY OVERVIEW:
Zoning/Land Use:
Environmental Documents that
Evaluate the Proposed Project:
Development Regulations
Used For Project Mitigation:
Proposed Mitigation Measures:
The subject site Is designated COMP-RMO on the City of Renton Comprehensive
Land Use Map and R-10 on the City's Zoning Map.
Environmental (SEPA) Checklist, Lake Study and Biological Assessment
· Th@ project will be subject to the City's SEPA ordinance, RMC 4-3--090 Shoreline
Master Program Regulations; 4-9-070 Environmental Review; 4-9-190
Shoreline Permits and other applicable codes and regulations as appropriate.
The following Mitigation Measures will likely be imposed on the proposed
project. These recommended Mitigation Measures address project Impacts not
covered by existing codes and regulations as cited above:
Follow construction sequencing and work window as recommended In the
submitted biological evaluation/lake study.
Comments on the above application must be submitted In writing to Kris Sorensen, Associate Planner, CEO-Planning
Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 1, 2014. If you have questions about this
proposal, or wish to be made a party of record and receive additlonal notification by mall, contact the Project Manager.
Anyone who submits written comments will automatically become a party of record and will be notified of any decision
on this project A copy of the subsequent threshold determination is avaltable upon request
CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: {425) 430-6593; Eml:
ksorensen@rentonwa.gov
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
I
' .
. #
PLANNING DIVISION
ENVIRONMENTAL CHECKLlST.·
PURPOSE OF CHECKLIST:
City of Renton Planning Division
1055 South Grady Way-Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental
agencies to consider the environmental impacts of a proposal before making decisions. An
Environmental Impact Statement (EIS) must be prepared for all proposals with probable
significant adverse impacts on the quality of the environment. The purpose of this checklist is
to provide information to help you and the agency identify impacts from your proposal (and to
reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide
whether an EIS is required.
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of
your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,
with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In
most cases, you should be able to answer the questions from your own observations or project
plans without the need to hire experts. If you really do not know the answer, or if a question
does not apply to your proposal, write "do not know" or "does not apply". Complete answers
to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems, the governmental
agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a
period of time or on different parcels of land. Attach any additional information that will help
describe your proposal or its environmental effects. The agency to which you submit this
checklist may ask you to explain your answers or provide additional information reasonably
related to determining if there may be significant adverse impact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS:
Complete this checklist for nonproject proposals, even though questions may be answered
"does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT
ACTIONS (part D).
For nonproject actions (actions
references in the checklist t<
read as "proposal," "proposE
R:\Temp09112-environmentat checklist.doc
involving decisions on
EXHIBIT 14
policies, plans and programs), the
"property or site" should be
;pectively.
06/09
.. ,,
A. BACKGROUND
1. Name of proposed project, if applicable: DiCerchio Pier
2. Name of applicant: Richard DiCerchio
3. Address and phone number of applicant and contact person:
Applicant: Richard DiCerchio
4005 Williams Ave. N
Renton, WA 98056
425-922-3745
Contact Person: Evan Wehr-ecco design inc.
203 N 36'h Street Suite 201
Seattle, WA 98103
206-706-3937
4. Date checklist prepared: August 19, 2014
5. Agency requesting checklist: City of Renton
6. Proposed timing or schedule (including phasing, if applicable): Winter 2014
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain. No.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal. A Biological Evaluation was prepared by
Marine Surveys and Assessments to assess impacts to listed species and/or critical
habitat for the project.
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
None are known.
10. list any governmental approvals or permits that will be needed for your proposal, if
known. Letter of Permission from the Army Corps of Engineers. SOP, SEPA review,
and building permit from the City of Renton. HPA from the Washington Department
of Fish and Wildlife.
11. Give brief, complete description of your proposal, including the proposed uses and the
size of the project and site. Construct new pier, install two mooring piles, install two
new boat lifts, and install a translucent canopy.
12. Location of the proposal. Give sufficient information for a person to understand the
precise location of your proposed project, including a street address, if any, and section,
township, and range if known. If a proposal would occur over a range of area, provide
the range or boundaries of the site(s). Provide a legal description, site plan, vicinity
map, and topographic map, if reasonably available. While you should submit any plans
required by the agency, you are not required to duplicate maps or detailed plans
submitted with any permit applications related to this checklist. 4005 & 4011 Williams
Ave. Nin. Renton, WA 98056. Section: NWl/4 32 Town: 24N Range: SE
B. ENVIRONMENTAL ELEMENTS
-2-06/09
R:\Temp09\12-environmental checklist.doc
1. EARTH
a. General description of the site (circle one); flat. rolling, hilly, steep slopes,
mountainous, other-------
b. What is the steepest slope on the site (approximate percent slope?) The site is
relatively flat with the steepest slope along the shoreline being approximately
40%.
c. What general types of soils are found on the site (for example, clay, sand, gravel,
peat, muck)? If you know the classification of agricultural soils, specify them and
note any prime farmland. Sand, gravel, and silt.
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so, describe. No.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill. No filling or grading is proposed.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally
describe. No.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)? There will be no
change to the amount of impervious surfaces.
h. Proposed measures to reduce or control erosion, or other impacts to the earth,
if any: None proposed.
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate quantities
if known. Low levels of emissions from boat traffic.
b. Are there any off-site sources of emission or odor that may affect your
proposal? If so, generally describe. No.
c. Proposed measures to reduce or control emissions or other impacts to air, if
any: None.
3. WATER
a. Surface Water:
1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)?
If yes, describe type and provide names. If appropriate, state what stream or
river it flows into. The work will occur in Lake Washington.
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)
2) Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans. The pier,
boat lifts, and canopies will be constructed on Lake Washington.
3) Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected. Indicate the source of fill material. None.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known. No.
5) Does the proposal lie within a 100-year flood plain? If so, note location on the
site plan. Yes.
6) Does the proposal involve any discharges of waste materials to surface waters?
If so, describe the type of waste and anticipated volume of discharge. No.
b. Ground Water:
1) Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if known. No.
2) Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals ... ; agricultural; etc.). Describe the general
size of the system, the number of such systems, the number of houses to be
served (if applicable), or the number of animals or humans the system(s) are
expected to serve. None.
c. Water Runoff (including storm water):
1) Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow into other waters, If so, describe. N/ A
2) Could waste material enter ground or surface waters? If so, generally describe.
Construction debris could enter surface waters.
d. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any: A containment boom will be placed around the construction
area to contain debris.
4. PLANTS
a. Check or circle types of vegetation found on the site:
_x_ deciduous tree: alder, maple, aspen, other
_x_ evergreen tree: fir, cedar, pine, other
b.
_x_ shrubs
_x_ grass
__ pasture
__ crop or grain
__ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
__ water plants: water lily, eel grass, milfoil, other
__ other types of vegetation
What kind and amount of vegetation will be removed or altered? None.
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c. List threatened or endangered species known to be on or near the site. None
know.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any: Twenty-two native shrubs will be
planted as mitigation.
5. ANIMALS
a. Circle any birds and animals, which have been observed on or near the site or
are known to be on or near the site:
Birds: hawk. heron. eagle. songbirds. other---------
Mammals: deer, bear, elk, beaver, other-:--:---------
Fish: bass, salmon. trout. herring, shellfish, other ______ _
b. List any threatened or endangered species known to be on or near the site.
Chinook salmon, bull trout, and steelhead.
c. Is the site part of a migration route? If so, explain Juvenile salmonids migrate
along the lake shoreline.
d. Proposed measures to preserve or enhance wildlife, if any: Work will take place
during the appropriate work window of July 161h through December 31".
6. ENERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to
meet the completed project's energy needs? Describe whether it will be used
for heating, manufacturing, etc. Solar and electric.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe. No.
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any: None.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur
as a result of this proposal? If so, describe. No.
1) Describe special emergency services that might be required. None.
2) Proposed measures to reduce or control environmental health hazards, if any:
None.
b. Noise
1) What types of noise exist in the area which may affect your project (for
example: traffic, equipment, operation, other)? None known.
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2) What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site. Short-
term: Elevated levels of noise from pile driving and construction.
Long term: Low levels of noise from boating.
3) Proposed measures to reduce or control noise impacts, if any: Work will take
place only during appropriate work hours.
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties? The site and
adjacent properties are residential.
b. Has the site been used for agriculture? If so, describe. No.
c. Describe any structures on the site. An existing house.
d. Will any structures be demolished? If so, what? No.
e. What is the current zoning classification of the site? R-10
f. What is the current comprehensive plan designation of the site? COR
g. If applicable, what is the current shoreline master program designation of the
site? Urban
h. Has any part of the site been classified as an "environmentally sensitive" area?
If so, specify. Yes, Lake Washington.
i. Approximately how many people would reside or work in the completed
project? None.
j. Approximately how many people would the completed project displace? None.
k. Proposed measures to avoid or reduce displacement impacts, if any: None.
I. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any: None.
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether
high, middle, or low-income housing. None.
b. Approximately how many units, if any, would be eliminated? Indicate whether
high, middle, or low-income housing. None.
c. Proposed measures to reduce or control housing impacts, if any: None.
10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including antennas;
what is the principal exterior building material(s) proposed. The canopy will be
eleven feet above the ordinary high water mark.
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,,..,
'],
b. What views in the immediate vicinity would be altered or obstructed? No.
c. Proposed measures to reduce or control aesthetic impacts, if any: None.
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur? None.
b. Could light or glare from the finished project be a safety hazard or interfere with
views? No.
c. What existing off-site sources of light or glare may affect your proposal? None.
d. Proposed measures to reduce or control light and glare impacts, if any: None.
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate
vicinity? Boating and fishing.
b. Would the proposed project displace any existing recreational uses? If so,
describe. No.
c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any:
None.
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national state, or local
preservation registers known to be on or next to the site? If so, generally
describe. No.
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site. None
known.
c. Proposed measures to reduce or control impacts, if any: None.
14. TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed
access to the existing street system. Show on site plans, if any. The site is
accessed by Lake Washington Blvd. N just west of 1-405.
b. Is site currently served by public transit? If not, what is the approximate
distance to the nearest transit stop? 8/10ths of a mile.
c. How many parking spaces would the completed project have? How many would
the project eliminate? No change.
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d. Will the proposal require any new roads or streets, or improvements to existing
roads or streets, not including driveways? If so, generally describe (indicate
whether public or private? No.
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe. Boat traffic on Lake Washington.
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur. None.
g. Proposed measures to reduce or control transportation impacts, if any: None.
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example:
fire protection, police protection, health care, schools, other)? If so, generally
describe. No.
b. Proposed measures to reduce or control direct impacts on public services, if any.
None.
16. UTILITIES
a. Circle utilities currently available at the site: electricity. natural gas. water.
refuse service, telephone. sanitary sewer. septic system, other.
b. Describe the utilities that are proposed for the project, the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed. None.
C. SIGNATURE
I, the undersigned, declare under penalty of perjury under the laws of the State of
Washington that to the best of my knowledge the above information is true, correct,
and complete. It is understood that the lead agency may withdraw any declaration of
non-significance that it might issue in reliance upon this checklist should there be any
willful misrepresentation or willful lack of full disclosure on my part.
Proponent Signature: -t&,,.....~c...::-~ ... ~-=-----=------
E v& 'cJ ~ V--Name Printed:
Date:
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D. SUPPLEMENTAL SHEETS FOR NON PROJECT ACTIONS
(These sheets should only be used for actions involving decisions on policies, plans and
ro rams; You do not need to fill out these sheets for ro'ect actions.
Because these questions are very general, it may be helpful to read them in conjunction
with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity
or at a faster rate than if the proposal were not implemented. Respond briefly and in
general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air;
production, storage, or release of toxic or hazardous substances; or production of
noise?
Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Proposed measures to protect or conserve plants, animals, fish, or marine life
are:
3. How would the proposal be likely to deplete energy or natural resources?
Proposed measures to protect or conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as
parks, wilderness, wild and scenic rivers, threatened or endangered species habitat,
historic or cultural sites, wetlands, flood plains, or prime farmlands?
Proposed measures to protect such resources or to avoid or reduce impacts are:
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
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Proposed measures to avoid or reduce shoreline and land use impacts are:
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws
or requirements for the protection of the environment.
SIGNATURE
I, the undersigned, declare under penalty of perjury under the laws of the State of
Washington that to the best of my knowledge the above information is true, correct,
and complete. It is understood that the lead agency may withdraw any declaration of
non-significance that it might issue in reliance upon this checklist should there be any
willful misrepresentation or willful lack of full disclosure on my part.
Proponent Signature:----------------
Name Printed:
Date:
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D~PARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE
PROJECT NUMBER:
APPLICANT:
PROJECT NAME:
-MITIGATED (DNS-M}
LUA14-001181, ECF, SM
Richard DiCerchio
DiCerchio Joint Use Residential Pier
PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a Shoreline
Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two
mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single
family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and
regulated shoreline borders the subject properties at the south and is approximately 175 feet from the
proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10
zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with
a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the
landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the
water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would
be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided
as mitigation.
PROJECT LOCATION: 4005 & 4011 Williams Ave N
LEAD AGENCY: City of Renton
Environmental Review Committee
Department of Community & Economic Development
The City of Renton Environmental Review Committee has determined that it does not have a probable significant
adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW
43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under
their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental
impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the
lead agency will not act on this proposal for fourteen (14) days.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 27, 2015.
Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South
Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be
obtained from the Renton City Clerk's Office, (425) 430-6510.
PUBLICATION DATE: February 13, 2015
Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM
DEPARTMENT OF COMMUl\11TY
AND ECONOMIC DEVELOPMENT
DATE OF DECISION:
SIGNATURES:
Terry Higashiyama, Administrator
Community Services Department
FEBRUARY 9, 2015
Date
Mar PetersoryAdministrator
Fire & Emergency Services
'
--z..lctl'-5 c.c\f .. _ /
C.E. "Chip" Vi~ent, Administrator
Department of Community & Date
Economic Development
Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM
Date
DEPARTMENT OF C _ IMUNITY
AND ECONOMIC DEVELOPMENT
DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM)
MITIGATION MEASURES AND ADVISORY NOTES
PROJECT NUMBER:
APPLICANT:
PROJECT NAME:
LUA14-001181, ECF, SM
Richard DiCerchio/Barbee Mill Waterfront LLC.
DiCerchio Joint Use Residential Pier
PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a
Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully
grated shared pier/dock, two mooring piles, and installation of two freestanding, portable
boatlifts in association with two existing single family residences on the shore of Lake
Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders
the subject properties at the south and is approximately 175 feet from the proposed pier
location. The subject site consists of two properties that total 17,348 sf in area within the R-10
zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches
in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be
driven on land to support the landward section of the pier. Additionally, two 12-inch diameter
steel mooring piles would be driven in the water on the southside of the dock. A dock ladder
would be installed at the end of the pier. The boatlifts would be installed on either side
approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as
mitigation.
PROJECT LOCATION:
LEAD AGENCY:
MITIGATION MEASURES:
4005 & 4011 Williams Ave N
The City of Renton
Department of Community & Economic Development
Planning Division
1. The applicant shall follow the recommendations identified in the Biological
Evaluation/Lake and Stream Study/Habitat Report, prepared by Marine Surveys and
Assessments, dated August 25, 2014, including the "Construction Sequence"
subsection on page 5.
2. Prior to any construction activities, a silt containment curtain shall be installed
around the project area to minimize impacts from disturbed sediments which may
occur during pile driving activities. This silt curtain shall remain in place until
construction activities are completed. Any construction debris which enters Lake
Washington waters shall be immediately retrieved and placed on the construction
barge.
3. If at any time, as a result of project activities, fish are observed in distress, a fish kill
occurs, or water quality problems develop (including equipment leaks or spills),
operations shall cease and the Washington Department of Fish and Wildlife and the
Department of Ecology shall be contacted immediately. Work shall not resume until
further approval is given by the Washington Department of Fish and Wildlife.
4. Construction shall take place only during the Washington Department of Fish and
Wildlife approved in-water work periods (fish window) currently established as July
16 through December 31.
5. The dock lights shall have an amber hue to reduce the impacts of lighting on the
dock, where the hue will be a condition of approval for the building permit issued for
this project.
6. Implement the inadvertent discovery plan provided by Department of Archaeology
& Historic Preservation, as attached to the letter from Gretchen Kaehler, dated
November 6, 2014.
ADIVISORY NOTES:
The following notes are supplemental information provided in conjunction with the
administrative land use action. Because these notes are provided as information only, they ore
not subject to the appeal process for the land use actions.
Plan -Planning Review Version 1 I October 22, 2014
Technical Services Comments Bob MacOnie I 425-430-7369 I bmaconie@rentonwa.gov
Recommendations: Like the Urban Boat lift application does this project need an easement
from the HOA for the area over the second class shorelands abutting the property on the west
and east of the inner harbor line; an unlabeled Tract on the plat? There appears to be no such
easement in the title report for the property.
Plan -Planning Review Version 2 I February 05, 2015
Engineering Review Comments Vicki Grover I 425-430-7291 I vgrover@rentonwa.gov
Recommendations: I have reviewed the application for the DiCerchio Pier located at 4005 &
4011 Williams Avenue North and have the following comments:
EXISTING CONDITIONS
WATER Water service is not a requirement for this project.
SEWER Sewer service is not a requirement for this project.
STORM There are not any required detention, water quality or conveyance systems for this
project.
STREETS There are no street frontage improvements required for this project.
GENERAL INFORMATIONAL COMMENTS
1. Please refer to the 2009 King County Surface Water Design Manual, pg. 5 31 "Material"
when choosing the type of material to be used for the pilings. Epoxy Coating shall be applied
to all piles.
ERC Mitigation Measures and Advisory Notes Page 2 of3
2. The grate shall be treated to prevent leaching of metals. A leachable metal surface
consists of, or is coated with a non ferrous metal that is soluble in water. Refer to the 2009
King County Surface Water Design Manual, pg. 617 "Use of Metal Materials" when considering
the grating material to be used for the pier's surface. Thruflow is a trademarked product and
acceptable for use.
CONDITIONS
1. Please provide documentation to substantiate the fish window time frame of July 16 to
December 31. A Hydraulic Project Approval (HPA) will be required. Please provide the City of
Renton with a copy once the permit is obtained.
2. During construction, the contractor shall prevent all dust, drips, debris and spills from
coming in contact with the water's surface. Needs to be shown on the TESC (Temporary
Erosion & Sediment Control Plan).
Planning Review Comments Kris Sorensen I 425-430-6593 I ksorensen@rentonwa.gov
Recommendations: Planning:
1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday
through Friday unless otherwise approved by the Development Services Division.
2. Commercial, multi family, new single family and other nonresidential construction
activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock
(8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours
between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on
Sundays.
ERC Mitigation Measures and Advisory Notes Page 3 af3
.. ..,..,
~----m-·e-,m .......... ,.._.~n-·•~r1
~~---
City of
~---~rircJrl ·-...,.,.. ,,-....... _,. ~,,,.. -~
OF ENVIRONMENTAL DETERMINATION
ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M)
POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION
PROJECT NAME: OiCerchio Joint Use Residential Pier, Mooring Piles, and Boat lifts
PROJECT NUMBER: LUA14-001181, ECF, SM
LOCATION: 400S & 4011 William, Ave N
DESCRIPTION: THE APPLICANT IS REQUESTING ENVIRONMENTAL REVIEW AND A
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW SO-FOOT LONG,
FULLY GRATED SHARED PIER/DOCK, TWO MOORING PILES, AND INSTALLATION OF TWO FREESTANDING,
PORTABLE BOATLIFTS IN ASSOCIATION WITH TWO EXISTING SINGLE FAMILY RESIDENCES ON THE SHORE
OF LAKE WASHINGTON, A SHORELINE OF STATEWIDE SIGNIFICANCE. MAY CREEK AND REGULATED
SHORELINE BORDERS THE SUBJECT PROPERTIES AT THE SOUTH AND IS APPROXIMATELY 175 FEET FROM
THE PROPOSED PIER LOCATION. THE SUBJECT SITE CONSISTS OF TWO PROPERTIES THAT TOTAL 17,348
SF IN AREA WITHIN THE R-10 ZONE. PIER CONSTRUCTION WOULD BE ACCOMPLISHED BY DRIVING 8
STEEL PILES BETWEEN 4 AND 10 INCHES IN DIAMETER WITH A BARGE-MOUNTED VIBRATORY PILE. TWO
3-INCH DIAMETER STEEL PINS WOULD BE DRIVEN ON LANO TO SUPPORT THE LANDWARD SECTION OF
THE PIER. ADDITIONALLY, TWO 12-INCH DIAMETER STEEL MOORING PILES WOULD BE DRIVEN IN THE
WATER ON THE SOUTHSIDE OF THE DOCK. A DOCK LADDER WOULD BE INSTALLED AT THE END OF THE
PIER. THE BOATUFTS WOULD BE INSTALLED ON EITHER SIDE APPROXIMATELY 57 FEET FROM THE
SHORELINE. TWENTY-SEVEN SHORELINE PLANTS ARE PROVIDED AS MITIGATION
THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED
ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES.
Appeals of the environmental determination must be flied in writing on or before 5:00 p.m. on February 27,
2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way,
Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information
regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510.
IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES
NOTIFIED.
FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF
COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200.
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION.
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.:
DATE RECEIVED
DATE OF PUBLIC NOTICE:
March 4, 2015
LUA14-001181, ECF, SM
August 28, 2014
September 17, 2014
Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline
Substantial Development Permit. This action is proposed on the following application:
PROJECT NAME:
PROJECT MANAGER:
OWNER/ APPLICANT:
CONTACT:
PROJECT LOCATION:
LEGAL DESCRIPTION:
DiCerchio Joint Use Residential Pier
Kris Sorensen, Associate Planner
Richard DiCerchio; 4005 Williams Ave N; Renton
WA 98056; and
Barbee Mill Waterfront LLC; 4011 Williams Ave N
Evan Wehr; Ecco Design Inc; 203 N 36th St #201;
Seattle WA 98103
4005 & 4011 Williams Ave N
4005 Williams Ave N: Lot 48, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
and utilities as delineated on the face of said plat;
And also together with an easement across Lot 47
for ingress, egress and utilities as delineated on
the face of said plat.
4011 Williams Ave N: Lot 47, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-001181, ECF, SM
Page 2 of 14
and utilities as delineated an the face of said plat.
SEC-TWN-R: NW-32-24-5
PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint
use residential pier/dock on the shore of Lake Washington. The dock would have a fully grated
80-foot long, 4 to 6 feet in width with a total area of 400 square feet. The applicant is
proposing to install a freestanding boatlift adjacent to an existing community boat dock. Two
boatlifts would be located next to the dock approximately 57 feet from the shoreline. The pier
construction would be accomplished by driving steel piles using a barge-mounted vibratory pile
and installing two 3-inch diameter steel pins on land to support the landward section of the
pier. Two 12-inch diameter steel mooring piles would be driven in the water on the southside
of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support
the pier consist of two 4-inch diameter steel piles, four 8-inch diameter steel piles, and two 10-
inch diameter steel piles. A canopy to cover the boatlift on the southern side of the dock was
originally proposed and is no longer being proposed.
The bottom of the dock is approximately 18 inches above the Ordinary High Water Mark
(OHWM). The proposed boat lifts would be approximately within 6 to 12 inches above the
OHWM in the most upward position when a boat sits on top of the bunkers in a parked
position. The boat lifts are approximately 12 feet by 10 feet in size {120 square feet in area) and
would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. The boat lifts were
originally proposed at 42 feet from the shoreline and have been revised and located further
waterward, at approximately 57 feet in distance from the shoreline. At the deepest point of the
lifts, they would be approximately 12 feet below the waterline.
Construction materials would be stored on a barge brought to the site. The date of
construction would depend on when the necessary government approvals are issued.
Construction of the pier and installation of the boat lifts would take approximately two weeks
to complete from the start of work. The in-water work window within Lake Washington at the
site is open from July 16 to December 31. The work is proposed to be completed in July 2015.
The boatlifts would be pre-assembled and set in the lake by crane from the construction barge
following construction of the pier. A silt containment curtain would be installed around the
work area.
The joint use dock would provide moorage and facilitate access to Lake Washington for the
residents of the two upland properties. The subject properties have approximately 123 feet of
Lake Washington shoreline made up of existing rock bulkhead and a metal sheetpile bulkhead
with concrete cap.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-001181, ECF, SM
Page 3 of 14
A planting mitigation plan provides for 4 Shore Pine trees, 6 Nootka Rose shrubs, 8 Red-
Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005 Williams Ave N
property, and 8 Red-Flowering Currants shrubs on the 4011 Williams Ave N property. A
monitoring and maintenance plan for the plantings has been provided to evaluate ongoing
performance of the plantings over a 5-year period.
The subject properties are part of the Conner Homes at Barbee Mill project which includes 114
lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of, but are not
limited to, duplexes and single-family residences. The overall site was formerly a lumber mill
facility. In order to restore the former industrial site to a site suitable for a residential
waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill
soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and
piling associated with the mill operation were removed; and shoreline restoration was
accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon
cessation of the mill operation. The cost fair market value of the project is $100,000.
An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-M) was
issued for this project on February 13, 2015. The appeal period of the determination ends
February 27, 2015.
FINDINGS OF FACT:
1. The applicant is requesting a Shoreline Substantial Development Permits for the
construction of a shared pier/dock connected to the shoreline, installation of two
mooring piles, and installation oftwo boat lifts for the use of two residential properties.
2. The site currently is comprised of two single family residences, each with landscaping
between the structure and shoreline and pathways to the shoreline that provide access
to the proposed dock. The properties on the north side developed with residential
homes and May Creek on the south side.
3. The shared pier would project waterward from the shoreline approximately 80 feet and
have boat lifts installed on either side approximately 57 feet from shore. Two mooring
piles are located approximately 14 feet south of the pier, one at 80 feet from shoreline
and the other 50 feet from the shoreline. The boat lift would be installed on the north
side of the existing Community Dock, 4 feet east of the inner harbor line, and
approximately 11 feet 6 inches from the sheetpile and concrete shoreline bulkhead to
the west.
4. The pier, boat lifts, and mooring piles would provide moorage and facilitate access to
Lake Washington for use by residents and guests 4005 and 4011 Williams Ave N.
S. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
LUA14-001181, ECF, SM
Page 4 of 14
from the shore to a distance of 40 feet waterword, and increases to 6 feet in width to
the end of the walkway, 80 feet waterword. The pier will be held in place by 8 steel
piles in the lake between 4 and 10 inches in diameter and 2 steel piles driven on land 3
inches in diameter.
6. The boat lift dimensions are approximately 175 square feet in area supported on the
lake bottom by four 1-foot wide by 1-foot long pads, with a total of 4 square feet sitting
on the lake bottom.
7. The two steel mooring piles are 12 inches in diameter.
8. The boat lifts are accessory to the shared pier, and are permitted outright per RMC
Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 12 feet below the
waterline at their most westerly deepest point.
9. The shared pier would extend waterword from the shoreline pastd the Inner Harbor line
into an area of Lake Washington regulated by Department of Natural Resources (DNR).
10. The subject site has priority habitat and is located in areas regulated by the City of
Renton Shoreline Master Program for Lake Washington and May Creek although the
project is only located in the Lake Washington regulated area. Steep slopes are located
on-site on the westerly portion of 4005 Williams Ave N. No other critical areas exist on
site.
11. Representatives from various city departments have reviewed the application materials
to identify and address issues raised by the proposed development. These comments
are contained in the official file, and the essence of the comments have been
incorporated into the appropriate sections of this report, the Environmental (SEPA)
Review Report, and the Departmental Recommendation at the end of this report.
12. An Environmental (SEPA) Review Determination of Non-Significance -Mitigated (DNS-
M) was issued for this project on February 13, 2015 with 5 mitigation measures. The
appeal period ofthe determination ended February 27, 2015. No appeals were filed.
13. An amended project biological evaluation by Marine Surveys & Assessments, dated
December 17, 2014, states that for this project there will be no net loss of ecological
functions and values which is consistent with the City of Renton's Shoreline Master
Program.
14. The applicant received approval of the planting plan by the Barbee Mill homeowners
association for installation of the proposed plantings along May Creek shoreline and
Lake Washington shoreline.
15. A mitigation planting plan provides for installation of 4 Shore Pine trees, 6 Nootka Rose
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 5 of 14
shrubs, 8 Red-Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005
Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams
Ave N property.
16. The following table contains project elements intended to comply with the Shoreline
Master Program standards and policies, as outlined in RMC 4-3-090:
A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT;
The site is located in the ShorelineHfgllHrl}en~ityOverlayDistrict, The objective oftheHl~lrltensity
Overlay is to provide oppommities for .large0 scale office and commercial employment centers as well as
multi-family residentiatuse. and public services.Th!sdlstrlct provides opportunities forwater;~ependent
and water-oriented uses while pr1:1tectin~ existfng;ecological functions ,md restoring ecologicaHunctions
in areas that have been previoustt ~egraded, Development.may also provide for public use and/or
community use, especially access· to and" along: the water's edge, The proposal ls compllant with the
following Shoreline policies:
,/
Objective SH-A. Provide for use of the limited water resource consistent with the goals of
the Shoreline Management Act by providing a preference for water-oriented uses.
Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline
Master Program ensure that new uses, development, and redevelopment within the
shoreline jurisdiction do not cause a net loss of shoreline ecological functions.
Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City
of Renton should be designed to ensure no net loss of ecological functions.
Policy SH-14. Shoreline use and development should be carried out in a manner that
prevents or mitigates adverse impacts so that the resulting ecological condition does not
become worse than the current condition. This means ensuring no net loss of ecological
functions and processes in all development and use. Permitted uses should be designed and
conducted to minimize, in so far as practical, any resultant damage to the ecology and
environment (RCW 90.58.020). Shoreline ecological functions that should be protected
include, but are not limited to, fish and wildlife habitat, food chain support, and water
temperature maintenance. Shoreline processes that shall be protected include, but are not
limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water
recharge and discharge; sediment delivery, transport, and storage; large woody debris
recruitment; organic matter input; nutrient and pathogen removal; and stream channel
formation/maintenance.
B. DEVELOPMENT STANDARDS:
The subject site where the pier will be located is classified as Shoreline High Intensity on the City of
Renton Shoreline Overlay Map. The following development standards are applicable to the proposal:
1. No Net Loss of Ecological Functions Required
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
WA14-00ll81, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 6 of 14
Shoreline use and development shall be carried out in a manner that prevents or mitigates
adverse impacts to ensure no net loss of ecological functions and processes in all
development and use. Permitted uses are designed and conducted to minimize, in so far as
practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline
ecological functions that shall be protected include, but are not limited to, fish and wildlife
habitat, food chain support, and water temperature maintenance. Shoreline processes that
shall be protected include, but are not limited to, water flow; erosion and accretion;
./ infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage;
large woody debris recruitment; organic matter input; nutrient and pathogen removal; and
stream channel formation/maintenance.
Staff Comment: The applicant provided an addendum to the biological assessment,
authored by Marine Surveys & Assessments (who also authored the biological review)
stating that the project and mitigation measures and proposed plantings provide for no net
loss of ecological functions ond values which is consistent with the City of Renton's Shoreline
Master Program.
2. Burden on Applicant
Applicants for permits have the burden of proving that the proposed development is
consistent with the criteria set forth in the Shoreline Master Program and the Shoreline
./ Management Act, including demonstrating all reasonable efforts have been taken to
provide sufficient mitigation such that the activity does not result in net loss of ecological
functions.
3. View Obstruction and Visual Quality
View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or
multi-lot developments are proposed, primary structures shall provide for view corridors
between buildings where views of the shoreline are available from public right-of-way or
trails.
N/A Staff Comment: The proposed shored dock and associated mooring piles and boat lifts are
not a primary structure and the dock would be approximately 2.5 feet above the waterline
and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet
above the waterline.
Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet
above average finished grade level except at specific locations .
./ Staff Comment: The dock and boat lifts are less than 35 feet in height above the waterline as
mentioned in the previous section. The dock is proposed to project waterward from the
shoreline, which is a lower grade than the building pads the existing homes are built on.
Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All
new or expanded commercial development adjacent to residential use and public parks shall
N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such
as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape
areas may be required to provide a visual screen.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 7 of 14
Lighting Requirements: Display and other exterior lighting shall be designed and operated so
as to prevent glare, to avoid illuminating nearby properties used for noncommercial
purposes, and to prevent hazards for public traffic. Methods of controlling spillover light
include, but are not limited to, limits on the height of light structure, limits on light levels of
fixtures, light shields, and screening.
,/
Staff Comment: The proposed shared dock has four dock lights, with two an either side of the
dock and are not anticipated ta create glare, illuminate nearby residential properties, or
create hazards far public traffic. As a part of the SEPA Environmental Review, a mitigation
measure was applied ta the project requiring the lights ta have an amber hue, which is
anticipated to further reduce impacts of the lights.
N/A
Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ
materials that limit reflected light.
Integration and Screening of Mechanical Equipment: Building mechanical equipment shall
be incorporated into building architectural features, such as pitched roofs, to the maximum
extent feasible. Where mechanical equipment cannot be incorporated into architectural
features, a visual screen shall be provided consistent with building exterior materials that
,/ obstructs views of such equipment.
Staff Comment: Conduit containing electric wiring is proposed as part of the dock proposal.
The conduit is below the walking surface grate, between the supporting stringers that the
grate sits upon, which provides for the wiring ta be screened from view.
Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated
into buildings including fences, piers, poles, wires, lights, and other freestanding structures
shall be designed to minimize visual prominence.
,/
Staff Comment: The freestanding boat lifts on either side of the shared pier at their highest
point would be below the nearby shoreline bulkhead without a boat, and below the top of
the pier at the highest paint without a boat.
Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated
buffers shall not exceed four feet in width; provided, that where ADA requirements apply,
such facilities may be increased to six feet in width. Stairways shall conform to the existing
,/ topography to the extent feasible.
Staff Comment: The existing walkway along the two properties' shared property line is 4 feet
in width, is concrete, and therefore does not exceed the four foot width.
4. Community Disturbances:
Noise, odors, night lighting, water and land traffic, and other structures and activities shall
,/
be considered in the design plans and their impacts avoided or mitigated.
Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or
other water and land traffic disturbances beyond those that are part of water and boating
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
WA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 8 of 14
related activities on the lake and that occur with a shared pier and moorage.
5. Public Access:
Physical or visual access to shorelines shall be incorporated in all new development when the
development would either generate a demand for one or more forms of such access, would impair
existing legal access opportunities or rights, or is required to meet the specific policies and regulations of
the Shoreline Master Program.
N/A
Lake Washington Reach C: The potential for provision of public access from new
development will occur after cleanup of the Superfund site with multi-use development,
which shall include shoreline access across the entire property, with controlled access to the
water's edge, consistent with requirements for vegetation conservation and ecological
restoration and provisions for water-dependent use, consistent with standards of this
Section. Provision of public access from future redevelopment of the Seahawks and Barbee
Mill site shall include a continuous public access trail parallel to the shoreline with controlled
public access balanced with provisions for ecological restoration, as well as to shared or
commercial docks, consistent with standards of this Section.
Staff Comment: The dock, two boatlifts, and mooring piles will nat impact or reduce public
access established through the Barbee Mill lumber mill clean-up and redevelopment.
6. Building and Development Location -Shoreline Orientation
Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions
of their developments along the shoreline. Development and use shall be designed in a manner that
directs land alteration to the least sensitive portions of the site to maximize vegetation conservation;
minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect
wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic
values
Location of Development: Development and use shall be designed in a manner that directs
land alteration to the least sensitive portions of the site.
Staff Comment: The applicant's biological habitat evaluation and related addendums provide
an analysis. The location of the shared dock is at the furthest distance from May Creek as
possible, which has a more sensitive shoreline designation then Lake Washington.
Additionally, comments received from reviewing agencies have been integrated into the
project by the applicant and provided for improved site development to reduce impacts in
the shoreline and lake areas. In the initial proposal for the project, one of the boat lifts was
proposed with a canopy, the boatlifts were to be installed at approximately 42 feet from the
shoreline, and no trees were proposed as part of project mitigation. After receipt of
comments received from reviewing agencies, the applicant revised the project. The boat lift
canopy is no longer proposed. The boat lifts are now proposed 57 feet into the lake, 15 feet
further than proposed. Additionally, native plantings are to be installed in closer proximity of
the Lake Washington shoreline and May Creek shoreline and will include four Shore Pine
trees. Based on the revised project proposal, the docks and associated boat lifts are located
in the least sensitive portion of the site.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 9 of 14
Minimization of Site Alteration: Development shall minimize site alteration in sites with
substantial unaltered natural features by applying the following criteria:
(a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading,
and alteration of topography and natural features.
(b) Impervious surfacing for parking lot/space areas shall be limited through the use of
under-building parking or permeable surfaces where feasible.
(c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible.
(d) Development shall be located and designed to avoid the need for structural shoreline
stabilization over the life of the development. Exceptions may be made for the limited ., instances where stabilization is necessary to protect allowed uses, particularly water-
dependent uses, where no alternative locations are available and no net loss of ecological
functions will result.
Staff Comment: Criteria "d" above is applicable to the project. The installation af the shared
dock will have a physical connection with the shoreline. To help stabilize the project into the
future, the project has been designed to use posts driven into the lake to support the
structure with two pin piles to be driven at the beginning af the pier on the shoreline to
support the landward section of the pier. It is not anticipated that the proposal would create
structural destablization in the future. Any stabilization work if required in the future, would
require a shoreline permit and provide required anlysis to evaluate possible impacts of
ecological functions and mitigation requirements.
Location for Accessory Development: Accessory development or use that does not require a
shoreline location shall be located outside of shoreline jurisdiction unless such development
is required to serve approved water-oriented uses and/or developments or unless otherwise
allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or
N/A developments such as parking, service buildings or areas, access roads, utilities, signs and
storage of materials shall be located inland away from the land/water interface and
landward of water-oriented developments and/or other approved uses unless a location
closer to the water is reasonably necessary.
Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of
reasonable access to navigable waters. Existing water-related recreation shall be preserved.
Staff Comment: The proposed location is in an area of Lake Washington where navigation is ., limited, as the site dead-ends into a shoreline sheet pile and concrete cap and bulkhead to
the east, and is in an area where other piers are located. As such, the placement of the
shared pier, mooring piles, and boat lifts at this location would not result in unreasonable
impacts to navigation or recreation.
7. Archaeological, Historical, and Cultural Resources:
Detailed Cultural Assessments May Be Required: The City will work with tribal, State,
., Federal, and other local governments as appropriate to identify significant local historical,
cultural, and archaeological sites in observance of applicable State and Federal laws
protecting such information from general public disclosure. Detailed cultural assessments
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 10 of 14
,/
,/
,/
may be required in areas with undocumented resources based on the probability of the
presence of cultural resources.
Staff Comment: The reviewing agency comments received as part of the SEPA review
process, provided the applicant a response from the State Department of Archaeology &
Historic Preservation {DAHP} that a professional archeologicol survey is not necessary and
would probably not be useful. The Department requested that an inadvertent discovery plan
be provided for the project. As part of the City's environmental review, the City has required
an inadvertant discovery plan as a mitigation measure, as requested by the DAHP. The
lnadvertant Archealagicol and Historic Resource Discovery Pion requires actions upon
discovery of protected cultural material, human remains, and/or cultural material that may
be protected by law.
Coordination Encouraged: Owners of property containing identified or probable historical,
cultural, or archaeological sites are encouraged to coordinate well in advance of application
for development to assure that appropriate agencies such as the Washington State
Department of Archaeology and Historic Preservation, affected tribes, and historic
preservation groups have ample time to assess the site and identify the potential for cultural
resources.
Staff Comment: See comment above.
Detailed Cultural Assessments Required: Upon receipt of application for a development in
an area of known or probable cultural resources, the City shall require a site assessment by
a qualified professional archaeologist or historic preservation professional and ensure
review by qualified parties including the Washington State Department of Archaeology and
Historic Preservation, affected tribes, and historic preservation groups.
Staff Comment: See comment above.
Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are
discovered in the process of development, work on that portion of the site shall be stopped
immediately, the site secured, and the find reported as soon as possible to the
Administrator of the Department of Community and Economic Development or designee.
Upon notification of such find, the property owner shall notify the Washington State
Department of Archaeology and Historic Preservation and affected tribes. The Administrator
of the Department of Community and Economic Development or designee shall provide for
a site investigation by a qualified professional and may provide for avoidance, or
conservation of the resources, in coordination with appropriate agencies.
Staff Comment: See comment above.
Access for Educational Purposes Encouraged: Land owners are encouraged to provide access
to qualified professionals and the general public if appropriate for the purpose of public
education related to a cultural resource identified on a property.
Staff Comment: See comment above.
City of Renton Department of Community & Economic Development
DiCerchia Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 11 of 14
8. Standards for Density, Setbacks, and Height-Activities Exempt from Buffers and Setbacks
The following development activities are not subject to buffers and setbacks; provided, that they are
constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological
functions; and provided further, that they comply with all the applicable regulations in RMC Title IV.
,/
Water-Dependent Development: Those portions of approved water-dependent
development that require a location waterward of the OHWM of streams, rivers, lakes,
ponds, marine shorelines, associated wetlands, and/or within their associated buffers.
Staff Comment: The shared pier is a facility primarily far moorage and use by residents and
guests af the two residential properties.
9. Use Regulations:
a. Boat Lifts:
,/
Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are
placed as far waterward as feasible and safe, and platform lifts are fully grated.
Staff Comment: See the above report subsection 6. "Location of Development".
b. Recreation Use: Piers and Docks
,/
,/
N/A
N/A
Piers and docks shall be designed to minimize interference with the public use and
enjoyment of the water surface and shoreline, nor create a hazard to navigation.
Staff Comment: The proposal is o shared dock, moorage piles, and boat lifts, and being a
shared facility lessens the number of docks in the water that may cause interference with the
public use and enjoyment of the water. The pier, moorage pilings, and boat lifts project
design is anticipated to minimize interference with the public use and enjoyment of the
water and shareline, and is not anticipated ta create a hazard to navigation.
The dock or pier shall not result in the unreasonable interference with the use of adjacent
docks and/or piers.
Staff Comment: The project location and design is not anticipated to result in unreasonable
interferere with the use af adjacent docks.
The use of floating docks in lieu of other types of docks is to be encouraged in those areas
where scenic values are high and where substantial conflicts with recreational boaters and
fishermen will not be created.
The expansion of existing piers and docks is preferred over the construction of new.
Staff Comment: The project is a shared pier and is new. The shared pier provides for two
properties' use of one dock, rather than the canstruction of two individual piers for each
property.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: March 4, 2015 Page 12 of 14
N/A
N/A
The responsibility rests on the applicant to affirmatively demonstrate the need for the
proposed pier or dock in his/her application for a permit, except for a dock accessory to a
single family residence on an existing lot.
Staff Comment: The project is a dock accessory ta single family residences.
All piers and docks shall result in no net loss af ecological functions. Docks, piers, and
mooring buoys, including those accessory to single family residences, shall avoid, or if that is
not possible, minimize and mitigate adverse impacts to shoreline ecological functions such
that no net loss of ecological functions results.
Staff Comment: The biological evaluation and addendum ta the evaluation determines that
na net loss of ecological function will result from this project's unavoidable impacts due ta its
water deptendent use.
Over-water construction not required for moorage purposes is regulated as a recreation
use.
New or expanded piers and docks allowed for water-dependent uses shall be consistent
with the following criteria.
• Water-dependent uses shall specify the specific need for over-water location and
shall be restricted to the minimum size necessary to meet the needs of the
proposed water-dependent use.
• Water-related, water-enjoyment and multiple uses may be allowed as part of a dock
or pier to serve as water-dependent use structures where they are clearly auxiliary
to and in support of water-dependent uses, provided the minimum size requirement
needed to meet the water-dependent use is not violated.
• Public access is required over all docks utilizing public aquatic lands that serve
water-dependent uses, water-enjoyment uses and multiple uses, provided it does
not preclude the water-dependent use.
• The dock or pier length shall not extend beyond a length necessary to provide
reasonable and safe moorage.
Staff Comment: Boat moorage for the single family residences is proposed through the
construction of an aver-water pier, mooring piles, and boat lifts. The project impacts and
coverage areas are less than the construction af two individual piers, as the project is a
shared pier. The pier length does not extend beyond a length necessary ta provide
reasonable and safe moorage.
Development of this project shall be undertaken pursuant to the following terms and
conditions:
1. The applicant shall comply with the mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated February 9, 2015.
This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to
the following:
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
WA14-001181, ECF, SM
Page 13 of 14
1. The issuance of a license under the Shoreline Management Act of 1971 shall not release
the applicant from compliance with federal, state, and other permit requirements.
2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management
Act of 1971 in the event the permittee fails to comply with any condition(s) hereof.
3. Construction permits shall not be issued until twenty-one (21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, AICP, Planning ~r
Department of Community & Economic Development
'3 / 1..1 / 20 t '5"
Date
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made
directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within
the twenty-one (21) days of receipt of the final order and concurrently filing copies of such
request with the Washington State Department of Ecology and the Attorney General's office as
provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal
notices shall also be filed with the City of Renton Planning Division and the City Clerk's office.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the
decision be reopened by the approval body. The approval body may modify his decision if
material evidence not readily discoverable prior to the original decision is found or if he finds
there was misrepresentation of fact. After review of the reconsideration request, if the
approval body finds sufficient evidence to amend the original decision, there will be no further
extension of the appeal period. Any person wishing to take further action must file a formal
appeal within the 14-day appeal time frame.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized
by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program must be
commenced within two (2) years of the effective date of a shoreline permit, or the shoreline
permit shall terminate, and a new permit shall be necessary. However, the Planning Division
may authorize a single extension for a period not to exceed one year based on reasonable
factors, if a request for extension has been filed with the Planning Division before the
expiration date, and notice of the proposed extension is given to parties of record and the
Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: March 4, 2015
Shoreline Management Permit
WA14-001181, ECF, SM
Page 14 of 14
issued, and foundation inspections must be completed before the end of the two (2) year
period.
Exhibits/ Attachments:
• DiCerchio Joint Use Pier Plan Sheet, Sheets Al.O and A2.0, prepared by Ecco Design, dated revision
November 11, 2014.
• Planting Plan, prepared by Ecco Design
cc: Office of Attorney General
Karen Walter, Muckleshoot Indian Tribe Fisheries Dept.
Vanessa Dolbee, Current Planning Manager
Barbee Mill Community Organization; c/o Shirley Ely -Morris Management Inc
Richard DiCerchio/Owner
Barbee Mill Waterfront LLC/
Evan Wehr, Ecco Design Inc/Applicant/Contact
Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party(ies) of Record
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LAKE WASHINGTON
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OHWM-
21.85'
NOTE: EXISTING PLANTINGS
ARE SHOWN IN GRAY,
PROPOSED PLANTINGS ARE IN
BLACK W/ CALL OUT.
3 NOOTKA ROSE
5 RED-FLOWERING CURRANT
6 TALL OREGON GRAPE
PLANTING
/
,--PROPOSED PIER
(400 SQ. FT.)
,--PROPOSED
i I BOAT LIFTS
''
PLAN
SCALE 1" = 20'-0"
0 60 FT
EXHIBIT
\
r--EXISTING
/ CONCRETE
/ WALKWAY
I
\ 1-3 NOOTKA ROSE
RICHARD DICERCHIO
4005 WILLIAMS AVE N
-c,-4 SHORE PINE
I
. ..-· ..-·
..-· ..-· ..-· ----..-· ..-· ..-·
..-·· ..-·
PROPOSED PLANT COUNT
RED-FLOWERING CURRANT -11 TOTAL
NOOTKA ROSE -6 TOTAL
TALL OREGON GRAPE -6 TOTAL
SHORE PINE -4 TOTAL
I
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MAN
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE:
LAND USE ACTION FILE NO.:
DATE RECEIVED
DATE OF PUBLIC NOTICE:
February 27, 2015
LUA14-001181, ECF, SM
August 28, 2014
September 17, 2014
Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline
Substantial Development Permit. This action is proposed on the following application:
PROJECT NAME:
PROJECT MANAGER:
OWNER/APPLICANT:
CONTACT:
PROJECT LOCATION:
LEGAL DESCRIPTION:
DiCerchio Joint Use Residential Pier
Kris Sorensen, Associate Planner
Richard DiCerchio; 4005 Williams Ave N; Renton
WA 98056; and
Barbee Mill Waterfront LLC; 4011 Williams Ave N
Evan Wehr; Ecco Design Inc; 203 N 36th St #201;
Seattle WA 98103
4005 & 4011 Williams Ave N
4005 Williams Ave N: Lot 48, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
and utilities as delineated on the face of said plat;
And also together with an easement across Lot 47
for ingress, egress and utilities as delineated on
the face of said plat.
4011 Williams Ave N: Lot 47, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
OF ENVIRONMENTAL DETERMINATION
ISSUANCE OF A DETERMINATION OF NONS1GN1flCANCE -MITIGATED (DN5-M)
POSTED TO NOTIFY INT£RE5lED PERSONS Of AN ENVIRONMENTAL ACTION
PROJEC'I NAME, Ol\'.orcNo Joint UH ftaidontlal P;or, Moo~nc PUu, •nt! Boat lilt>
PROJEC'IU\JMMft: LUA1"-00111l, ECF,SM
lDCATlOff: 4005 l.4011Wllilomo ""'" N
0ESC1<1Pl1DN: THE APPLICANT IS REQUESTING ENVIRONMENTAi. IIEVltW ANO A
SHORELINE SU851'ANTIAL OEVUOPMENT PERMIT FOR TH( CON:;TP.UCTION OF A N£W 11().FQOT LONG,
FULLY GRATtO SHjl,REO P!ER/OOCK. TWO MOORING PILES, ANO INSTAWITION OF TWO FRUSTANO!NG,
PORTABlE BOA TUITT IN ASSOCfATION W!Tll TWO ElCISTING 5!NGL.f FAMILY RESIDENCES ON TIIE SHORE
OF LAKE WASHINGTON, A St1QIIEUN£ OF STAT!WIOE SIGN!flCAN<E. ""y CREEK ANO REliULATW
SHORELINE BORDERS THE SUlllECf PROPERTIES jl,fTHE SOLITH AND IS APPROXIMATELY 175 FUT fRDM
THE PROPOSED PIH LOCATION. TJ,IE SUlllECT srre CONSISTS OF TWO PIIOPERTIES THAT TOTAL 17,348
SF IN AlllA Wl'THIN THE R-10 ZONE. PIER CONSlRUCT\ON WOl/lD U ACCOMPLISHED BY DRIVING 8
STEEL Pll.£S BETWfEN 4ANO LO INCHES IN OIAMITTR WITH A &AIIGE-MOUM'fto VIMATORY PllE, TWO
3·1NCH Oljl,METlll S1UL PINS WOUlD BE DRIVEN ON LANO TO SUPPORT TttE LANOWA!ID SECTION Of'
THE PID-ADOITIO!IALLY, TWO l.2·lNCH Qljl.MITTR 5lUI. MOORING PILE.S WOUlD BE DRIVEN ~ THE
WATI:R ON TttE 501,/THSIOf OF THE DOCK. jl, DOCK lAOOEA WOUI.D BE !NSTALlEO AT Tl1f END OfTME
PIER, THE BOATUFTS WOULD 111: IN5TAUEO ON EITHER SIDE APPROKIMjl,TELY S7 FEET FROM Tl-IE
SHORELINE. TWENTY•SEVEN SHOllEUNE PLANTl ME PROVIDED AS MITIGATION
TH!' [ITY Qf RENTON EJ\IVIRDNMENTAL REVIEW OOMMITIH IERC) HA5 DETERMINED THAT Tl<E PR0POSE0
ACTION HM PROBABLE SIGNIFICANT IMPACT; WAT CAN BE MITIGATEO THROUGH MITIGATION MEA5LIRES
App••I• al th• tflVltO<lmtfltal dotetmlnatlon mull N filed !n wrill"II on or bol<lr• 5:00 i>,m, on F•br..ary l1,
201s, t<>1•th•r with the ro'l"lred h,1 wllt1; l\lrorlnt: E.amlner, City ol R""lon, 1055 :5c<lth Grady Way,
R•nton, WA 9B057. Appo;al, to the eumlns ,,. 1<1vomed by Cit/ ol RMC 4-&-110 and lrlfDrmatlon
ro1ord1 1111 tho appHI pro,:m, may bo obtained tram 1h1 11<,nton Oty Cork'< Olll<r,, (425) 430-6510.
If THE rnv,RONMENTAl. DETERMINATION IS APPEALED, jl, PUBllC HEARING Will BE SET ANO All PARTIES
NOTiflEO -,.£<,
PLEASE INCLUDE THE PROJECT NUMBER WHEN CAWNG FOR PROPER FILE IDENTIFICATION.
CERTIFICATION
I, t lr l :5 SO 1"·ijV\.S,{,1V\ , hereby certify that ']. copies of the above document
were posted in "I conspicuous places or nearby the desc.ribed property on ---/
'2. ( ( 1 ft 7 Signed: :Kr ';-/~~ ,, _, c
I r ' :'.::) Date:
STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that I know or have satisfactory evidence that k.-, 5 .S ,-i, r, s e.o
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the
uses and purposes mentioned in the instrument.
Dated;-
Notary 9tlic in and for the State of Washington
Notary (Print): H 0 /1'=1
•,
' My appointment expires: ___ .:..A=, .:.<w· , ... , :.,-'--'"-'.)'-. (.:.,i_,..,')"'c.,",.,_1_7'--------1J
On the 13th day of February, 2015, I deposited in the mails of the United States, a sealed envelope containing
ERC Determination and Notice documents. This information was sent to:
Agencies See Attached
Richard DiCerchio Owner/ Applicant
Barbee Mill Waterfront LLC Owner/ Applicant
Evan Wehr, Ecco Design Contact
{Signature of Sender):
STATE OF WASHINGTON
,,,,\\\\\\\\1l
.::-''"o'!..L Y Po·'·.
COUNTY OF KING ) .::' ~,+ldi"""H '1--_
·-~f •t0+''1, ~·
I certify that I know or have satisfactory evidence that Sabrina Mirante f fo +0 t4'1'.._,~ "%,
signed this instrument and acknowledged it to be his/her/their free and voluntary act fort~ 'asis aQ1f purpo~j ,, -;,,: ... -
mentioned in the instrument.
Dated: u .),:;/)
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\ ~ ~.,,,·..?9.17 ,<-$ :< . \ o.,(>, '411,11,"'"\,,, ..... -<..o .
,.., ,. • , -· 1', WA r\\~<) ..
Public in and for the State of Washingtoli>\""''
Notary {Print): _____ ,_,/:+_.,•'"!"'i"+--~.._r:7
..... "'~'""-"'u''--'--------------
My appointment expires:
DiCerchio Joint Use Residential Pier
LUA14-001181, ECF, SM
template -affidavit of service by mailing
Dept. of Ecology """
Environmental Review Section
PO Box 47703
Olympia, WA 98504-7703
WSDOT Northwest Region•
Attn: Ramin Pazooki
King Area Dev. Serv., MS-240
PO Box 330310
Seattle, WA 98133-9710
US Army Corp. of Engineers *
Seattle District Office
Attn: SEPA Reviewer
PO Box C-3755
Seattle, WA 98124
Boyd Powers***
Depart. of Natural Resources
PO Box 47015
Olympia, WA 98504-701S
KC Dev. & Environmental Serv.
Attn: SEPA Section
35030 SE Douglas St. #210
Snoqualmie, WA 98065
Metro Transit
Senior Environmental Planner
Gary Kriedt
201 South Jackson Street KSC-TR-0431
Seattle, WA 98104-3856
Seattle Public Utilities
Jailaine Madura
Attn: SEPA Coordinator
700 Fifth Avenue, Suite 4900
PO Box 34018
Seattle, WA 98124-4018
AGENCY (DOE) LETTER MAILING
(ERC DETERMINATIONS}
WDFW -Larry Fisher*
1775 12th Ave. NW Suite 201
Issaquah, WA 98027
Muckleshoot Indian Tribe Fisheries Dept. *
Attn: Karen Walter or SEPA Reviewer
39015 -172ml Avenue SE
Auburn, WA 98092
Duwamish Tribal Office* Muckleshoot Cultural Resources Program*
4717 W Marginal Way SW Attn: Ms Melissa Calvert
Seattle, WA 98106-1514 39015 172nd Avenue SE
Auburn, WA 98092-9763
KC Wastewater Treatment Division * Office of Archaeology & Historic Preservation*
Environmental Planning Supervisor Attn: Gretchen Kaehler
Ms. Shirley Marroquin PO Box 48343
2015. Jackson ST, MS KSC-NR-OSO Olympia, WA 98504-8343
Seattle, WA 98104-3855
City of Newcastle City of Kent
Attn: Tim McHarg Attn: Jack Pace
Director of Community Development Acting Community Dev. Director
12835 Newcastle Way, Ste 200 220 Fourth Avenue South
Newcastle, WA 98056 Kent, WA 98032-5895
Puget Sound Energy City of Tukwila
Kathy Johnson, Steve Lancaster, Responsible Official
355 110" Ave NE 6200 Southcenter Blvd.
Mailstop EST llW Tukwila, WA 98188
Bellevue, WA 98004
*Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities
will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of
Application.
,...Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to
the following email address: sepaunit@ecy.wa.gov
u•oepartment of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT,
& Notice the following email address: sepacenter@dnr.wa.gov
template -affidavit of service by mailing
Evan Wehr
Ecco Design Inc.
203 N 36th St, #201
Seattle, WA 98103
BARBEE MILL WATERFRONT LLC
846 108th AVE NE
Bellevue. WA 98004
Richard DiCerchio
4005 Williams Ave N
Renton, WA 98057
Denis Law
Mayor
February 13, 2015
Evan Wehr
Ecco Design, Ins.
203 N 35th St, #201
Seattle, WA 98103
Community & Economic Development Department
C.E. "Chip"Vincent, Administrator
SUBJECT: ENVIRONMENTAL {SEPAi THRESHOLD DETERMINATION
DiCerchio Joint Use Residential Pier, LUA14-001181, ECF, SM
Dear Mr. Wehr:
This letter is written on behalf of the Environmental Review Committee (ERC) to advise
you that they have completed their review of the subject project and have issued a
threshold Determination of Non-Significance-Mitigated with Mitigation Measures.
Please refer to the enclosed ERC Report, for a list of the Mitigation Measures.
Appeals of the environmental determination must be filed in writing on or before S:00
p.m. on February 27, 2015, together with the required fee with: Hearing Examiner, City
of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are
governed by RMC 4-8-110 and information regarding the appeal process may be
obtained from the City Clerk's Office, (425) 430-6510.
If the Environmental Determination is appealed, a public hearing date will be set and all
parties notified.
If you have any further questions, please call me at (425) 430-6593.
For the Environmental Review Committee,
Kris Sorensen
Associate Planner
Enclosure
cc: Richard DiCerchio & Barbee Mill Waterfront/ Owner(s)
Renton City Hall • 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov
-
____ D_e:~::::~:_w ______ ........ r City of a . . .ig·rrwn
February 13, 2015 Community & Economic Development Department
C.E."Chip"Vincent, Administrator
Washington State
Department of Ecology
Environmental Review Section
PO Box 47703
Olympia, WA 98504-7703
Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION
Transmitted herewith is a copy of the Environmental Determination for the following
project reviewed by the Environmental Review Committee (ERC) on February 9, 2015:
SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM}
PROJECT NAME: DiCerchio Joint Use Residential Pier
PROJECT NUMBER: LUA14-001181, ECF, SM
Appeals of the environmental determination must be filed in writing on or before S:00
p.m. on February 27, 201S, together with the required fee with: Hearing Examiner, City
of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are
governed by RMC 4-8-110 and information regarding the appeal process may be
obtained from the City Clerk's Office, (425} 430-6510.
Please refer to the enclosed Notice of Environmental Determination for complete
details. If you have questions, please call me at (425) 430-6593.
For the Environmental Review Committee,
f::JA,.t ~ .. Mo r1 tv
Kris Sorensen
Associate Planner
Enclosure
cc: King County Wastewater Treatment Division
Boyd Powers, Department of Natural Resources
Karen Walter, Fisheries, Muckleshoot Indian Tribe
Melissa Calvert, Muckleshoot Cultural Resources Program
Gretchen Kaehler, Office of Archaeology & Historic Preservation
Ramin Pazooki, WSDOT, NW Region
Larry Fisher, WDFW
Duwamish Tribal Office
US Army Corp. of Engineers
Renton City Hall , 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov
DEPARTMENT OF COMr.;1uNITY
AND ECONOMIC DEVELOPMENT
ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE
PROJECT NUMBER:
APPLICANT:
PROJECT NAME:
-MITIGATED (DNS-M)
LUA14-001181, ECF, SM
Richard DiCerchio
DiCerchio Joint Use Residential Pier
PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a Shoreline
Substantial Development Permit for the construction of a new 80-foot long, fully grated shared pier/dock, two
mooring piles, and installation of two freestanding, portable boatlifts in association with two existing single
family residences on the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek and
regulated shoreline borders the subject properties at the south and is approximately 175 feet from the
proposed pier location. The subject site consists of two properties that total 17,348 sf in area within the R-10
zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches in diameter with
a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be driven on land to support the
landward section of the pier. Additionally, two 12-inch diameter steel mooring piles would be driven in the
water on the southside of the dock. A dock ladder would be installed at the end of the pier. The boatlifts would
be installed on either side approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided
as mitigation.
PROJECT LOCATION: 4005 & 4011 Williams Ave N
LEAD AGENCY: City of Renton
Environmental Review Committee
Department of Community & Economic Development
The City of Renton Environmental Review Committee has determined that it does not have a probable significant
adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW
43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under
their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental
impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the
lead agency will not act on this proposal for fourteen (14) days.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 27, 2015.
Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South
Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be
obtained from the Renton City Clerk's Office, (425) 430-6510.
PUBLICATION DATE: February 13, 2015
Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM
DEPARTMENT OF COMfv1uNITV
AND ECONOMIC DEVELOPMENT
DATE OF DECISION:
SIGNATURES:
Terry Higashiyama, Administrator
Community Services Department
FEBRUARY 9, 2015
Date
/
Mar Peterso,vAdministrator
Fire & Emergency Services
'
-z...t GCl 1-5 c.C \r .._ J
C.E. "Chip" Vincent, Administrator
Department of Community & Date
Economic Development
Environmental Determination of Non-Significance_DiCerchio Pier_14-001181, ECF, SM
Date
DEPARTMENT OF '--MMUNITY
AND ECONOMIC DEVELOPMENT
DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM)
MITIGATION MEASURES AND ADVISORY NOTES
PROJECT NUMBER:
APPLICANT:
PROJECT NAME:
LUA14-001181, ECF, SM
Richard DiCerchio/Barbee Mill Waterfront LLC.
DiCerchio Joint Use Residential Pier
PROJECT DESCRIPTION: The applicant is requesting Environmental Review and a
Shoreline Substantial Development Permit for the construction of a new 80-foot long, fully
grated shared pier/dock, two mooring piles, and installation of two freestanding, portable
boatlifts in association with two existing single family residences on the shore of Lake
Washington, a Shoreline of Statewide Significance. May Creek and regulated shoreline borders
the subject properties at the south and is approximately 175 feet from the proposed pier
location. The subject site consists of two properties that total 17,348 sf in area within the R-10
zone. Pier construction would be accomplished by driving 8 steel piles between 4 and 10 inches
in diameter with a barge-mounted vibratory pile. Two 3-inch diameter steel pins would be
driven on land to support the landward section of the pier. Additionally, two 12-inch diameter
steel mooring piles would be driven in the water on the southside of the dock. A dock ladder
would be installed at the end of the pier. The boatlifts would be installed on either side
approximately 57 feet from the shoreline. Twenty-seven shoreline plants are provided as
mitigation.
PROJECT LOCATION:
LEAD AGENCY:
MITIGATION MEASURES:
4005 & 4011 Williams Ave N
The City of Renton
Department of Community & Economic Development
Planning Division
1. The applicant shall follow the recommendations identified in the Biological
Evaluation/Lake and Stream Study/Habitat Report, prepared by Marine Surveys and
Assessments, dated August 25, 2014, including the "Construction Sequence"
subsection on page 5.
2. Prior to any construction activities, a silt containment curtain shall be installed
around the project area to minimize impacts from disturbed sediments which may
occur during pile driving activities. This silt curtain shall remain in place until
construction activities are completed. Any construction debris which enters Lake
Washington waters shall be immediately retrieved and placed on the construction
barge.
3. If at any time, as a result of project activities, fish are observed in distress, a fish kill
occurs, or water quality problems develop (including equipment leaks or spills),
operations shall cease and the Washington Department of Fish and Wildlife and the
Department of Ecology shall be contacted immediately. Work shall not resume until
further approval is given by the Washington Department of Fish and Wildlife.
4. Construction shall take place only during the Washington Department of Fish and
Wildlife approved in-water work periods (fish window) currently established as July
16 through December 31.
5. The dock lights shall have an amber hue to reduce the impacts of lighting on the
dock, where the hue will be a condition of approval for the building permit issued for
this project.
6. Implement the inadvertent discovery plan provided by Department of Archaeology
& Historic Preservation, as attached to the letter from Gretchen Kaehler, dated
November 6, 2014.
ADIVISORY NOTES:
The following notes are supplemental information provided in conjunction with the
administrative land use action. Because these notes are provided as information only, they are
nat subject to the appeal process for the land use actions.
Plan -Planning Review Version 1 I October 22, 2014
Technical Services Comments Bob MacOnie I 425-430-7369 I bmaconie@rentonwa.gov
Recommendations: Like the Urban Boat lift application does this project need an easement
from the HOA for the area over the second class shorelands abutting the property on the west
and east of the inner harbor line; an unlabeled Tract on the plat? There appears to be no such
easement in the title report for the property.
Plan -Planning Review Version 2 I February 05, 2015
Engineering Review Comments Vicki Grover I 425-430-7291 I vgrover@rentonwa.gov
Recommendations: I have reviewed the application for the DiCerchio Pier located at 4005 &
4011 Williams Avenue North and have the following comments:
EXISTING CONDITIONS
WATER Water service is not a requirement for this project.
SEWER Sewer service is not a requirement for this project.
STORM There are not any required detention, water quality or conveyance systems for this
project.
STREETS There are no street frontage improvements required for this project.
GENERAL INFORMATIONAL COMMENTS
1. Please refer to the 2009 King County Surface Water Design Manual, pg. 5 31 "Material"
when choosing the type of material to be used for the pilings. Epoxy Coating shall be applied
to all piles.
ERC Mitigation Measures and Advisory Notes Page 2 of 3
2. The grate shall be treated to prevent leaching of metals. A leachable metal surface
consists of, or is coated with a non ferrous metal that is soluble in water. Refer to the 2009
King County Surface Water Design Manual, pg. 617 "Use of Metal Materials" when considering
the grating material to be used for the pier's surface. Thruflow is a trademarked product and
acceptable for use.
CONDITIONS
1. Please provide documentation to substantiate the fish window time frame of July 16 to
December 31. A Hydraulic Project Approval (HPA) will be required. Please provide the City of
Renton with a copy once the permit is obtained.
2. During construction, the contractor shall prevent all dust, drips, debris and spills from
coming in contact with the water's surface. Needs to be shown on the TESC (Temporary
Erosion & Sediment Control Plan).
Planning Review Comments Kris Sorensen I 425-430-6593 I ksorensen@rentonwa.gov
Recommendations: Planning:
1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday
through Friday unless otherwise approved by the Development Services Division.
2. Commercial, multi family, new single family and other nonresidential construction
activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock
(8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours
between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on
Sundays.
ERC Mitigation Measures and Advisory Notes Page 3 of 3
r;
I I . I . ) ...
OF ENVIRONMENTAL DETERMINATION
ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M}
POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION
PROJECT NAME: DiCerchio Joint Use Residential Pier, Mooring Piles, and Boat lifts
PROJECT NUMBER: LUA14-001181, ECF, SM
LOCATION: 4005 & 4011 Williams Ave N
DESCRIPTION: THE APPLICANT IS REQUESTING ENVIRONMENTAL REVIEW AND A
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF A NEW 80-FOOT LONG,
FULLY GRATED SHARED PIER/DOCK, TWO MOORING PILES, AND INSTALLATION OF TWO FREESTANDING,
PORTABLE BOATLIFTS IN ASSOCIATION WITH TWO EXISTING SINGLE FAMILY RESIDENCES ON THE SHORE
OF LAKE WASHINGTON, A SHORELINE OF STATEWIDE SIGNIFICANCE. MAY CREEK ANO REGULATED
SHORELINE BORDERS THE SUBJECT PROPERTIES AT THE SOUTH AND IS APPROXIMATELY 175 FEET FROM
THE PROPOSED PIER LOCATION. THE SUBJECT SITE CONSISTS OF TWO PROPERTIES THAT TOTAL 17,348
SF IN AREA WITHIN THE R-10 ZONE. PIER CONSTRUCTION WOULD BE ACCOMPLISHED BY DRIVING 8
STEEL PILES BETWEEN 4 ANO 10 INCHES IN DIAMETER WITH A BARGE-MOUNTED VIBRATORY PILE. TWO
3-INCH DIAMETER STEEL PINS WOULD BE DRIVEN ON LANO TO SUPPORT THE LANDWARD SECTION OF
THE PIER. ADDITIONALLY, TWO 12-INCH DIAMETER STEEL MOORING PILES WOULD BE DRIVEN IN THE
WATER ON THE SOUTHSIDE OF THE DOCK. A DOCK LADDER WOULD BE INSTALLED AT THE END OF THE
PIER. THE BOATLIFTS WOULD BE INSTALLED ON EITHER SIDE APPROXIMATELY 57 FEET FROM THE
SHORELINE. TWENTY-SEVEN SHORELINE PLANTS ARE PROVIDED AS MITIGATION
THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ER() HAS DETERMINED THAT THE PROPOSED
ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on February 27,
2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way,
Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information
regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510.
IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES
NOTIFIED.
FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF
COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200.
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION.
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT (
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC MEETING DA TE:
Project Name:
Project Number:
Project Manager:
Owner/Applicant:
Contact:
Project Location:
Project Summary:
Exist. Bldg. Area SF:
February 9, 2015
DiCerchio Joint Use Residential Pier
LUA14-001181, ECF, SM
Kris Sorensen, Associate Planner
Richard DiCerchio; 4005 Williams Ave N; Renton WA 98056; and
Barbee Mill Waterfront LLC; 4011 Williams Ave N
Evan Wehr; Ecco Design Inc; 203 N 36'h St #201
4005 & 4011 Williams Ave N
The applicant is requesting Environmental Review and a Shoreline Substantial
Development Permit for the construction of a new 80-foot long, fully grated
shared pier/dock, two mooring piles, and installation of two freestanding,
portable boatlifts in association with two existing single family residences on
the shore of Lake Washington, a Shoreline of Statewide Significance. May Creek
and regulated shoreline borders the subject properties at the south and is
approximately 175 feet from the proposed pier location. The subject site
consists of two properties that total 17,348 sf in area within the R-10 zone. Pier
construction would be accomplished by driving 8 steel piles between 4 and 10
inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter
steel pins would be driven on land to support the landward section of the pier.
Additionally, two 12-inch diameter steel mooring piles would be driven in the
water on the southside of the dock. A dock ladder would be installed at the end
of the pier. The boatlifts would be installed on either side approximately 57 feet
from the shoreline. Twenty-seven shoreline plants are provided as mitigation.
N/A Proposed New Bldg. Area (footprint):
Proposed New Bldg. Area (gross):
N/A
N/A
Site Area: 4005 Williams: 10,756 sf
4011 Williams: 6,592 sf
Total Building Area GSF: N/A
STAFF
RECOMMENDATION:
Staff Recommends that the Environmental Review Committee issue a
Determination of Non-Significance -Mitigated (DNS-M).
Project Location Mop
City of Renton Department of Commun.Economic Development
DICERCHIO JOINT USE RESIDENTIAL Pl
Report of February 9, 2015
PART ONE: PROJECT DESCRIPTION/ BACKGROUND
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Page 2 of 10
The project site is located on the eastern shore of Lake Washington in the Barbee Mill residential
subdivision and on the north shore of the mouth of May Creek. Lake Washington is designated as
Shorelines of Statewide Significance and May Creek is a regulated shoreline. Both are regulated by the City
of Renton Shoreline Master Program. The proposed pier location is outside of the May Creek shoreline
regulated area but located within Lake Washington shoreline jurisdiction. The Lake Washington shoreline
at the site is classified as a "High Intensity Overlay District." Shared boat moorage, boat lifts, and mooring
piles are outright allowed in the area.
The proposed project encompasses the construction of a 400 square foot, 80-foot long, 4 to 6 feet wide
pier, installation of two mooring piles, and installation of two freestanding, pre-manufactured, marine
grade aluminum boatlifts (Exhibit 2 and Exhibit 3). From land, the pier width is 4 feet wide and increases
to 6 feet in width the final 40 feet of length. The proposed dock would be a shared joint-pier/dock for two
residential properties within the Barbee Mill residential subdivision, within the R-10 zone (Exhibit 17). The
dock decking would be fully grated. A dock ladder would be located at the end of the pier. Lighting would
be placed along the edge of the dock through electrical conduit running below the decking, with electricity
connected to 4005 Williams Ave N. Along the shoreline in this area of the Barbee Mill subdivision,
individual properties are not allowed to have individual docks, where shared docks between two
properties are allowed. The shared dock/pier would be located on the shared common property line
between 4011 and 4005 Williams Ave N.
The proposed pier construction would be accomplished by driving steel piles using a barge-mounted
vibratory pile and installing two 3-inch diameter steel pins on land to support the landward section of the
pier. Two 12-inch diameter steel mooring piles would be driven in the water on the south side of the pier,
approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support the pier consist of two 4-
inch diameter steel piles, four 8-inch diameter steel piles, and two 10-inch diameter steel piles. A canopy
to cover the boat lift on the southern side of the dock was originally proposed and is no longer being
proposed. A revised plan was provided that removes the canopy, located the boatlifts deeper into the lake
and further from the shoreline, and trees have been added to the mitigation planting plan (Exhbits 2, 3 and
4).
The proposed freestanding boatlifts would be set approximately 57 feet from the shoreline. The boat lifts
would not be covered. Each boatlift has an area of approximately 10 feet in width by 12 feet in length. The
boatlifts would be pre-assembled and set in the lake by crane from the construction barge following
construction of the pier. The lift is approximately 175 square feet in area and the boat lift structure would
sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. At the deepest point of the lifts, they
would be approximately 12 feet below the waterline (Exhibit 2). The boats parked on the lift would extend
above the pier decking and may incrementally block some views from the uplands towards the lake.
All project construction materials would be stored on a barge brought to the site. The date of construction
would depend on when the necessary government approvals are issued. Construction of the pier and
installation of the boat lifts would take approximately two weeks to complete once work has commenced.
The in-water work window within Lake Washington at the site is open from July 16 to December 31. The
work is proposed to be completed in July 2015. The proposed two boatlifts have areas of approximately 10
City of Renton Department of Communi Economic Development
DICERCHIO JOINT USE RESIDENTIAL PIE
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Page 3 of 10
feet in width by 12 feet in length (Exhibit 3). The boatlifts would be pre-assembled and set in the lake by
crane from the construction barge following construction ofthe pier.
Mitigation plantings have been proposed consisting of native shrubs that can live in the shoreline
environment (Exhibit 4). Twenty-seven plants are proposed, with 3 plants on the 4011 Williams Ave N
property, and the remainder on the 4005 Williams property. All together, the plantings consist of 9 shrubs
along the lake shore and 14 shrubs and 4 trees near the May Creek shoreline. The mix of plantings are
Red-Flowering Current, Tall Oregon Grape, Nootka Rose, and Shore Pine. The submitted Biological
Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, prepared by Marine Surveys &
Assessments, dated December 17, 2014, has determined that a no-net-loss of ecological function would
result from the project's impacts with their recommended mitigation measures and plantings.
The views of surrounding property owners would not be obstructed because of the dock and boatlifts. The
plantings may obstruct views along with the previously planted vegetation required as part of the site
development and clean-up of the Barbee Mill residential subdivision. The planting mitigation plan has
received approval from the Barbee Mill Community Association.
Comments were provided by reviewing agencies. No public comments were received from the general
public. The State Department of Archaeology and Historic Preservation changed their original request for
site investigation and discovery plan, to require the project prepare an 'Inadvertent Discovery Plan'
(Exhibit 8). The Muckleshoot Indian Tribe Fisheries Division provided multiple comments, with the initial
comments (Exhibit 6) stating that the initial planting plan was inadequate where the applicant should
revise the planting plan and requested that the planting plan be reviewed as part of the Biological
Evaluation Addendum (Exhibit 13). The second round of comments from the Tribe's Fisheries Division
requested an analysis of potential dredging around the pier be provided and that trees be considered for
planting along the shoreline.
Review and approval by the Environmental Review Committee is required prior to issuance of a City
Substantial Shoreline Permit and building permits. The applicant has applied for a building permit but
cannot receive approvals until required city and state appeal periods are finalized and no appeals of
decisions are submitted. Beyond City of Renton approvals, the applicant would need to receive additional
state and federal approvals, including an Hydraulic Permit Approval (HPA) from state Department of Fish
and Wildlife if required and federal Army Corps of Engineers approval.
I PART TWO: ENVIRONMENTAL REVIEW
In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those
project impacts that are not adequately addressed under existing development standards and
environmental regulations.
A. Environmental Threshold Recommendation
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible
Officials:
Issue a DNS-M with a 14-day Appeal Period.
ERC Report_LUA14-001181 DiCerchio Joint Use Pier
City of Renton Department of Community o1 Economic Development
D/CERCHIO JOINT USE RESIDENTIAL PIER
Environmental Review Committee Rep
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Report of February 9, 2015 Page 4 of
B. Mitigation Measures
C.
1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and
Stream Study/Habitat Report, prepared by Marine Surveys and Assessments, dated August 25,
2014, including the "Construction Sequence" subsection on page 5.
2. Prior to any construction activities, a silt containment curtain shall be installed around the
project area to minimize impacts from disturbed sediments which may occur during pile driving
activities. This silt curtain shall remain in place until construction activities are completed. Any
construction debris which enters Lake Washington waters shall be immediately retrieved and
placed on the construction barge.
3. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or
water quality problems develop (including equipment leaks or spills), operations shall cease and
the Washington Department of Fish and Wildlife and the Department of Ecology shall be
contacted immediately. Work shall not resume until further approval is given by the
Washington Department of Fish and Wildlife.
4. Construction shall take place only during the Washington Department of Fish and Wildlife
approved in-water work periods (fish window) currently established as July 16 through
December 31.
5. The dock lights shall have an amber hue to reduce the impacts of lighting on the dock, where
the hue will be a condition of approval for the building permit issued for this project.
6. Implement the inadvertent discovery plan provided by Department of Archaeology & Historic
Preservation, as attached to the letter from Gretchen Kaehler, dated November 6, 2014.
Exhibits
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Environmental Review Committee Report
Site Plan and Elevation View: Sheet Al.O, dated revisions November 11, 2014
Plan View and Pier Section: Sheet A2.0, dated revisions November 11, 2014
Planting Plan
Project Narrative
Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe
Fisheries Division) dated October 1, 2014
Public Agency Comment: Letter from Gretchen Kaehler (State Department of
Archeology & Historic Preservation) dated November
Revised Public Agency Comment: Letter from Gretchen Kaehler (State
Department of Archeology & Historic Preservation) dated October 1, 2014
Applicant Response, dated November 11, 2014
Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe
Fisheries Division) dated December 9, 2014
Applicant Response with Dredging Analysis, dated December 15, 2014
Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by
Marine Surveys and Assessments, dated August 25, 2014
Addendum and No-Net Ecological Loss Statement to Biological Evaluation/Lake
and Stream/Habitat Study Report, prepared by Marine Surveys and
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Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
Assessments, dated December 17, 2014
Environmental Checklist
Construction Mitigation Description
Advisory Notes -Staff Review Comments
Zoning and Neighborhood Map
D. Environmental Impacts
Environmental Review Committee Report
WA14-001181, ECF, SM
Page 5 of 10
The Proposal wos circulated and reviewed by various City Departments ond Divisions to determine
whether the applicant has adequately identified and addressed environmental impacts anticipated to
occur in conjunction with the proposed development. Staff reviewers have identified that the proposal
is likely to have the following probable impacts:
1. Earth
Impacts: The proposed project does not require any fill or excavation of soils. The pier would be
constructed using barge mounted equipment and the boatlifts would be pre-assembled and
lowered into the water with a barge-mounted crane. New native plantings will be installed along
the shoreline and are described in further detail below in the Vegetation subsection of this report.
New pilings would be driven into the lakebed and the footpads of the freestanding boatlifts would
be located on the lakebed.
Muckleshoot Indian Tribe Fisheries Division requested that the applicant provide an analysis of
potential future dredging of the proposed pier location, as the site is near the mouth of May Creek
where sediment may shift and build around the mouth of the creek and nearby lake shoreline
(Exhibit 10). The applicant provided an analysis as requested (Exhibit 11), where the applicant
provided historical data of the May Creek delta for years 2005, 2007, 2010, and 2013 and identified
the expansion of the delta. The delta expanded to the west and southwest as identified in the
analysis and aerial photos and expansion to the north where the location of the pier is proposed is
minimal as stated by the consultant. The analysis further states that the proposed location of the
pier is as far away from the mouth of May Creek as possible for the shared dock. The analysis
further states that the water depth is currently approximately 10 feet and that is more than
sufficient for access by motor boats and that given the delta expansion northward has been
minimal, future dredging at the proposed pier/dock should not be necessary.
This environmental review does not provide for evaluation of dredging at this location. If in the
future dredging was being considered at the site, a separate environmental review process by the
city would be required through a separate land use application, where the city would evaluate the
project and allow for public and agency review at that time. Any dredging application for this site
would be provided to the Muckleshoot Tribe and other reviewing agencies for comment.
Mitigation Measures: No mitigation measures are recommended.
Nexus: N/A
Z. Water
a. Wetland, Streams, Lakes
Impacts: The project is proposed to occur in Lake Washington, beginning inside of the designated
Inner Harbor and extending waterward outside of the Inner Harbor line (Exhibit 2). The shoreline
designation for Lake Washington at this location is "High Intensity Overlay District" (RMC 4-3-
ERC Report_ LUA14-001181 DiCerchio Joint Use Pier
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Page 6 of 10
090G). Lake Washington is a Shoreline of Statewide Significance and is included as a Shoreline of
the State. As a Class 1 lake, it is a perennial salmonid-bearing body of water. May Creek is a City
regulated shoreline and is located to the south of the proposed project. However, the proposal
would not impact May Creek with the exception of added native plantings that would be planted
along the creek shoreline on the southern boundary of 4005 Williams Ave N to improve ecological
functions (Exhibit 4).
The applicant submitted a joint Biological Evaluation/Lake and Stream Study/Habitat Data Report
(Exhibit 12), dated August 25, 2014, prepared by Marine Surveys & Assessments. An Addendum to
the evaluation was subsequently provided, by the same authors, dated December 17, 2014 (Exhibit
13). These documents conform to the requirements for Biological Evaluation/Lake and Stream
Study/Habitat Data Report per RMC 4-8-120D. The study and addendum state that all measures
have been taken to avoid and minimize potential impacts from the proposed project (Exhibit 13).
Further, the biological evaluation states that no-net-loss of ecological function will result from this
project, provided the proposed native plantings are installed.
As the proposed dock would be constructed on lands covered by water, there is a potential for
sediments to be dispersed within the lake, potentially affecting water quality of the lake. The
applicant provided a Construction Mitigation Description for the proposal (Exhibit 15) and a
recommended Construction Sequence in the Biological Evaluation/Lake and Stream Study/Habitat
Data Report (Exhibit 12, page 5-6). The Construction Sequence states that the barge brought to the
site would be moored as to prevent grounding on the lake bottom at any time during construction.
Additionally, a silt curtain would be installed to contain any debris that may fall into lake waters.
The construction sequence also states that in the event that any construction debris enters lake
waters, it will be retrieved and immediately placed on the construction barge.
Staff recommends that the applicant be required to follow the recommendations of the
Construction Sequence, as described and listed in the Biological Evaluation/Lake and Stream
Study/Habitat Data Report (Exhibit 12, pages 5-6) as specified in the Mitigation Measure below.
Mitigation Measures: Prior to any construction activities, the barge shall be moored and a silt
containment curtain shall be installed around the project work. This silt curtain shall remain in
place until construction activities are completed. Any construction debris which enters Lake
Washington shall be immediately retrieved and placed on the construction barge.
Nexus: SEPA Environmental Regulations and Shoreline Master Program.
3. Vegetation
Impacts: The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit
12) provides background of the redevelopment of the Barbee Mill community where upland
restoration of the overall Barbee Mill site involved removal of fill soils behind the bulkhead, along
with asphalt, a pier, wooden bulkhead and pilings associated with the previous industrial mill
operation. Extensive shoreline restoration was completed although the subject properties are
located south of the extensive remediation that occurred. As part of site redevelopment, a planted
buffer along the shoreline of approximately 35 feet was planted along the Lake Washington
shoreline of the Barbee Mill subdivision including on the subject properties (Exhibit 12, pages 19-
20, "Existing Native Vegetation Buffer").
ERC Report_LUA14-001181 DiCerchio Joint Use Pier
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Page 7 of 10
The applicant proposes to add more vegetation along the shoreline where native plantings have
previously been installed. The Muckleshoot Tribe Fisheries Division provided comments of the
initial planting plan and the applicant has added more plantings and moved them closer to the
shoreline where they could be in proximity to the OHWM of the shoreline. Further the Tribe
Fisheries Division requested (Exhibit 10) that willow trees initially be added to the plan. However,
the applicant's final plan added Shore Pine trees instead of willow trees, as Shore Pines received
approval from the Barbee Mill community association and willows were not approved. All new
landscaping is required to receive approval from the Barbee Mill community association prior to
installation.
The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) states that
existing planted riparian vegetation and added project plantings would assist in restoring the
ecological function of Lake Washington (Exhibit 12, page 4 "Ecological Functions of Lake
Washington along the study area"). The Addendum to the biological evaluation (Exhibit 13) states
that with the proposed plantings, the project provides for a no-net-loss of ecological function.
The Biological Evaluation/Lake and Stream Study/Habitat Data Report provides background of the
redevelopment of the Barbee Mill community where upland restoration of the overall Barbee Mill
site involved removal of fill soils behind the bulkhead, along with asphalt, a pier, wooden bulkhead
and pilings associated with the previous industrial mill operation. Extensive shoreline restoration
was completed although the subject properties are located south of the extensive remediation that
occurred. As part of site redevelopment, a planted buffer along the shoreline of approximately 35
feet was planted along the Lake Washington shoreline of the Barbee Mill subdivision including on
the subject properties (Exhibit 12, pages 19-20, "Existing Native Vegetation Buffer").
The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) states that the
vegetation that has been planted and the plants to be added through this proposal would add
significant organic matter to the lake substrate in the form of leaves and woody debris that fall and
wash into the lake. The Report (Exhibit 12) also states this vegetation would add to additional
sources of food, shelter, and shade for aquatic invertebrates and fish and also provide food and
shelter for terrestrial insects which in turn provides additional food sources for birds and animals
that feed upon them. Further, the biological evaluation states that the addition of riparian
vegetation as proposed to the former near-barren site should also help water quality by filtering
pollutants, removing nutrients and reducing sediments in any runoff from the adjacent upland
development. The study also states that the increased overhanging vegetation should facilitate the
migration of juvenile salmon.
The proposed plantings would be within the 35-foot vegetated buffer area along the shoreline, and
are proposed in a very close proximity of the shoreline rather than setback from the shoreline.
None of the existing plants would be impacted or removed as part of the project. The mix of
plantings are 23 native shrubs (11 Red-Flowering Current, 6 Tall Oregon Grape, and 6 Nootka Rose)
and 4 Shore Pine trees.
Mitigation Measures: No further mitigation is required.
Nexus: Not applicable
4. Wildlife
Impacts: The Biological Evaluation/Lake and Stream Study/Habitat Data Report submitted for the
proposed project includes analysis of birds, mammals, and fish in the evaluation (Exhibit 7). The
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Page 8 of 10
study states that the only wild mammals reported as observed in the general area are deer. The
following bird species observed on or near the project site: hawks, herons, eagles, quail, osprey,
cormorants and songbirds. The Biological Evaluation/Lake and Stream Study/Habitat Data Report
(Exhibit 12) study states that bald eagles are no longer on the list of threatened or endangered
species under the Endangered Species Act but continue to be protected by the Bald and Golden
Eagles Protection Act and the Migratory Bird Treaty Act are protected as a "sensitive species" in
Washington State. Sensitive species are vulnerable or declining and likely to become endangered or
threatened in a significant portion of their range within the state without cooperative management
or removal of threats.
In addition, the The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12)
indicates that salmon ids observed at the site include salmon and trout. Salmonids known to be
present in southern Lake Washington include Puget Sound Chinook salmon, Coho salmon, sockeye
salmon, steelhead trout, bull trout and cutthroat trout. Puget Sound Chinook, Puget Sound
steelhead and bull trout are all listed as threatened under the Endangered Species Act (ESA).
Previous shoreline remediation accomplished in conjunction with the development of the plat was
designed to be consistent with Water Resource Inventory Area (WRIA) 8 Conservation Plan
recommendations. As a result of remediation, shoreline that was previously unsuitable habitat for
fish and other aquatic life due to extensive shoreline modifications and industrial use of the site has
been restored. The restored gravel substrate and gently sloping bottom should provide favorable
habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the
existing cobble on the subject site should be suitable habitat for benthic invertebrates which would
likely attract juvenile salmon ids.
The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 12) and Addendum
to the Report (Exhibit 13) provide evaluation of the specific species and habitat protected by
federal jurisdiction, including Puget Sound Chinook, Bull Trout, Puget Sound Steelhead, and
Marbeled Murrelets. The Murrelets are unlikely to be present in the project vicinity according to
the study due to there not being a nesting area nearby and that the area is highly urbanized and
within dose proximity of a major highway corridor.
Within the study's "Effects of the Action" of the project section on the listed species above, an
evaluation of the direct and indirect effects are provided (Exhibit 12, pages 8-9). The Biological
Evaluation/Lake and Stream Study/Habitat Data Report states that for the Puget Sound Chinook,
Bull Trout, and Puget Sound Steelhead the project would result in a determination of "May affect,
not likely to adversely affect" and for the Marbled Murrelet a determination of "No effect" (Exhibit
13). The project further evaluated the pile driving noise and turbidity of installing the piles, where
salmon may be less impacted by the proposed vibratory pile driver than a diesel powered
compression hammer and that to minimize adverse effects of increased turbidity and noise on
migrating salmonids and bull trout, in-water construction work would be limited to between July 16
and December 31. The indirect effects of the project are evaluated within the submitted report,
where the authors state that indirect effects might include alteration of juvenile salmon migratory
pathways, increase in salmonid predation and reduction in prey resources and refugia due to the
shading of the epibenthic substrate by the structure (Exhibit 12, page 9).
The Washington Department of Fish and Wildlife has established a construction window for this
portion of Lake Washington. The construction window allows for overwater construction to occur
only between July 16 and December 31. Staff recommends that the applicant be required to
adhere to this established in water construction window. Construction shall take place only during
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Page 9 of 10
the Department of Fish and Wildlife approved in water construction window from July 16 through
December 31, unless approved otherwise in the required HPA.
The proposed dock construction sequencing and mitigation proposed by the applicant would
include the installation of a silt curtain. The silt curtain should minimize impacts to fish species as a
result of construction activities associated with the proposed project.
In addition, recently planted riparian vegetation and additional plantings in conjunction with the
proposed project would benefit fish and other species by assisting in restoration of the ecological
function of Lake Washington. Plants proposed would be installed from the back of the existing
bulkhead upland and would include the plants described in the Vegetation section above.
Mitigation Measures:
1. Construction shall take place only during the Department of Fish and Wildlife approved in water
construction window from July 16 through December 31, unless approved otherwise in the
required HPA.
2. The applicant shall follow the recommendations of the Biological Evaluation/Lake and Stream
Study/Habitat Data Report, dated August 25, 2014, prepared by Marine Surveys & Assessments.
3. If at any time, as result of project activities, fish are observed in distress, a fish kill occurs, or
water quality problems develop (including equipment leaks or spills), operations shall
immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the
Washington Department of Ecology shall be contacted immediately. Work shall not resume
until further approval is given by the WDFW.
Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program
5. Light and Glare
Impacts: Proposed dock lighting is identified on the submitted site plan (Exhibit 3) on the top of the
pier. Two lights are proposed on either side of the dock. The site plan states that the lights are
typical dock lights and would be connected to electrical lines connected to the residence at 4005
Williams Ave N. The submitted Environmental Checklist, subsection "11. Light and Glare," states
that no glare and no safety hazard or interference would be created through the dock lights
(Exhibit 14, page 7).
Based on previous projects over the water with lighting, staff recommends as a mitigation measure
that the lighting hue be an amber hue as no color or hue has been identified with the proposal. The
amber hue would reduce potential light and glare impacts to the surrounding properties, sky, and
water.
Mitigation Measures: The dock lights shall have an amber hue to reduce the impacts of lighting on
the dock, where the color shall be a condition of approval for the any building permit issued for this
project.
Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program
Historic and Cultural reservation
Impacts: There is a possibility that historic artifacts and resources are near or located on the site.
The State Department of Archaeology and Historic Preservation provided comment that the
applicant should follow an "Inadvertent Archaeological and Historic Resources Discovery Plan for
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Page 10 of 10
King County" (Exhibit 9). Initially, the State Department of Archaeology and Historic Preservation
provided response (Exhibit 7) requested additional investigation but the agency corrected the
initial request with a request for an Inadvertent Discovery Plan (Exhibit 9). The Discovery Plan
provides direction in the event that protected cultural material and human remains are discovered
as part of any actions of the proposed development project. Further the plan states that cultural
materials may be protected by law. Staff recommends the Discovery Plan as requested by State
Department of Archaeology and Historic Preservation be a mitigation measure.
Mitigation Measures: Implement the inadvertent discovery plan as provided by Department of
Archaeology & Historic Preservation, as attached to the letter from Gretchen Kaehler, dated
November 6, 2014.
Nexus: SEPA, RCW 27.53, 27.44 and WAC 25-48 Archaeological Resources; RCW 68.50 Human
Remains
E. Comments of Reviewing Departments
The proposal has been circulated to City Department and Division Reviewers. Where applicable, their
comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant"
(Exhibit 16).
~ Copies of all Review Comments are contained in the Official File and may be attached to this
report_
The Environmental Determination decision will become final if the decision is not appealed within the
14-day appeal period (RCW 43.21.C.075(3}; WAC 197-11-680}-
Environmental Determination Appeal Process: Appeals of the environmental determination must be
filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady
Way, Renton, WA 98057, on or before 5:00 p.m. on February 27, 2015. RMC 4-8-110 governs appeals to
the Hearing Examiner and additional information regarding the appeal process may be obtained from the
City Clerk's Office, Renton City Hall -7'h Floor, (425) 430-6510.
ERC Report_LUA14-001181 DiCerchio Joint Use Pier
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EXHIBIT 2
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EXHIBIT 3 -~~-;-·
LAKE WASHINGTON
OHWM-
21.85'
NOTE: EXISTING PLANTINGS
ARE SHOWN IN GRAY,
PROPOSED PLANTINGS ARE IN
BLACK W/ CALL OUT.
3 NOOTKA ROSE-<:~-~
.-PROPOSED PIER
(400 SQ. FT.)
, -PROPOSED
BOAT LIFTS
5 RED-FLOWERING CURRANT .
6 TALL OREGON GRAPE
PLANTING PLAN
SCALE 1" = 20'-0"
0 60 FT
EXHIBIT 4
.-EXISTING
CONCRETE
WALKWAY
/
·3 NOOTKA ROSE
RICHARD DICERCHIO
4005 WILLIAMS AVE N
---4 SHORE PINE
-· -· -· -· -· -· -· -· -·
PROPOSED PLANT COUNT
RED-FLOWERING CURRANT -11 TOTAL
NOOTKA ROSE -6 TOTAL
TALL OREGON GRAPE • 6 TOTAL
SHORE PINE -4 TOTAL
-·
Project Narrative
DiCerchio Pier
The proposed project is to install a new joint use pier with two boat lifts, one translucent
canopy, and two mooring piles for the properties located at 4005 and 4011 Williams
Avenue North in Renton Washington. A shoreline substantial development permit and
environmental review are required from the City of Renton. The project site and adjacent
properties are zoned as Residential !Odu/ac (R-10). The project site is on the shoreline of
Lake Washington and is approximately 175' from May Creek. A portion of the shoreline
is armored with a concrete and steel bulkhead while the remaining portion is armored
with a rock bulkhead. Richard DiCerchio is the owner of the property at 4005 Williams
Avenue North. 4011 Williams Avenue North is currently owned by Barbee Mill
Waterfront LLC. Both properties are single family residential lots that have existing
single family houses. The proposed pier will be 400 square feet in area and will be fully
grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that
extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel
piles, and two 1 O" diameter steel piles will be driven by a barge-mounted vibratory pile
driving system to support the pier. Two 3" diameter steel pin piles will be driven on land
to support the landward section of the pier. Also two 12" diameter steel mooring piles
will be driven. Two free standing boat lifts will be installed at the pier. A single 10.5' by
30' translucent boat canopy will be installed on the boat lift to be located at 4005
Williams Ave North. A dock ladder will be installed at the end of the pier. The
estimated fair market value of the project is $100,000. A geotechnical report will be
submitted with the building permit application. Per Renton Municipal Code section 4-6-
030 E. I. a. a drainage control plan is not necessary because the area of the pier and
canopy is 715 square feet which is less than the 2,000 square foot threshold. There is an
existing concrete stair walkway that ends where the pier will connect to land. Twenty-
two native shrubs will be planted along the shoreline.
EXHIBIT 5
From:
Sent:
To:
Cc:
Karen Walter <KWalter@muckleshoot.nsn.us>
Wednesday, October 01, 2014 11:08 AM
Kris Sorensen
Christa Heller
Subject: FW: City of Renton SEPA (DNSMJ Notice of Application -DiCerchio Pier LUA14-001181,
ECF, SM
Attachments: imageOOl.jpg; ERC Checklist & Siteplan 14-001181.pdf; DiCerchio Pier -Biological
Evaluation Lake and Stream Study 14-001181.pdf; DiCerchio Pier Landscape Plan
14-001181.pdf; DiCerchio Pier Notice of Application DNSM 14-0001181.pdf
Kris,
We have reviewed the proposed DNSM/Notice of Application for the DiCerchio Pier project referenced above. We
have some questions and comments as noted below:
In the attachments above, there are two different pier designs shown for this joint use project (one by Ecco Design;
Sheet A2.0 and on shown on Sheet 2 of JARPA drawings). Which design is proposed for this project? The JARPA drawing
"L" shape design places the two boatlifts out to deeper water compared to the Ecco Design version and would be
preferred given the water depths in the area (less than 15') and proximity to May Creek.
Are there more details about the proposed translucent boat canopy?
The propose mitigation planting plan is inadequate. While there are no as-built drawings for the existing plants (and
there should be from the plat requirements), what is shown in the photos from the BE/Lake Study is a low density and
low growing shrubs and ground covers and insufficient to create a functional shoreline buffer. The proposed 22 new
plants over the two parcels is inadequate to provide sufficient densities and the plant species are limited in providing
overhanging function preferred by juvenile Chinook. More native willows should be added to the design and planted
between the two sets of two willows proposed on Sheet 7 of the JAPRA drawing packet.
We appreciate the opportunity to review this project and look forward to the City's responses.
Thank you,
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division Habitat Program
39015 172nd Ave SE
Auburn, WA 98092
253-876-3116
From: Sabrina Mirante [SMirante@Rentonwa.gov]
Sent: Wednesday, September 17, 2014 3:25 PM
To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy
Cc: Kris Sorensen
Subject: City of Renton SEPA (DNSM) Notice of Application -DiCerchio Pier LUA14-001181, ECF, SM
NOTICE OF APPLICATION AND PROPOSED DETER!\ EXHIBIT 6 lns-M)
__J ~-E-PARH,"\ENT or -------------
,:1~ii~~o~~~;!,r10,_1 ______________ _ Allyson Brooks Ph,O., Director
State Historic Preservation Officer
October l, 2014
Ms. Kris Sorenson
Assistant Planner
City of Renton
Sixth Floor Renton City Hall
1055 S Grady Way
Renton, WA 98057
In future correspondence please refer to:
Log: 100114-10-KI
Property: LUA 14-0001181, ECF, SM DiCerchio Pier
Re: Archaeology -Survey Requested
Dear Ms. Sorenson:
We have reviewed the materials forwarded to our office for the proposed project referenced above. The
area has a high potential for archaeological resources. There is documentary evidence of a precontact
Duwamish Village near the mouth of May Creek which Further, the scale of the proposed ground
disturbing actions would destroy any archaeological which is near the project area. An archaeological
evaluation of a a nearby project stated that the ethnographic village probably was within the residential
portion of the current project area. Identification during construction is not a recommended detection
method because inadvertent discoveries often result in costly construction delays and damage to the
resource. Therefore, we request a professional archaeological survey of the project area be conducted
prior to ground disturbing activities. The completed archaeological survey should be forwarded to DAHP
and the interested Tribes prior to any construction. We also recommend consultation with the concerned
Tribes' cultural committees and staff regarding cultural resource issues.
If any federal funds or permits are involved Section 106 of the National Historic Preservation Act, as
amended. and its implementing regulations, 36CFR800, must be followed. This is a separate process
from SEPA and requires formal government-to-government consultation with the affected Tribes and this
agency. We would appreciate receiving any correspondence or comments from concerned tribes or other
parties concerning cultural resource issues that you receive.
EXHIBIT 7
1
Thank you for the opportunity to comment on this project and we look forward to receiving the survey
report. Should you have any questions, please feel free to contact me at (360) 586-3088 or
Gretchen.Kaehler@dahp.wa.gov.
Sincerely,
Gretchen Kaehler
Local Governments Archaeologist
(360) 586-3088
gretch1;n. k~1eh lt:P{i:Jdl1p._\\ _a_.g()_\'
cc. Laura Murphy, Archaeologist, Muckleshoot Tribe
Cecile Hansen, Chair, Duwamish Tribe
Dennis Lewarch, THPO. Suquamish Tribe
2
ARTMENT OF
'R€HAEOLOGY &
HISTORIC PRESERVATION
November 6, 2014
Kris Sorenson
Assistant Planner
City of Renton
Sixth Floor Renton City Hall
1055 S Grady Way
Renton, WA 98057
In future correspondence please refer to:
Log: 100114-10-KI
Property: LUAJ4-000l !81, ECF, SM DiCerchlo Pier
j
Allyson Brooks Ph.D .. Director
State Historic Preservation Officer
Re: Archaeology-Rescind Request for Survey. Please add attach Inadvertent Discovery Plan
to Permit
Dear Ms. Sorenson:
Thank you for contacting the Washington State Department of Archaeology and Historic Preservation
(DAHP). We have reviewed plans for construction of the DiCerchio Pier. Given the amount and location
(filled area) of ground disturbance a professional archaeological survey is not necessary and would
probably not be useful. In our opinion the project may proceed with the attached inadvertent discovery
plan.
Thank you for the opportunity to review and comment.
Sincerely,
Gretchen Kaehler
Local Governments Archaeologist
(360) 586-3088
gretchen.kaehler·?tdahp. wa.gov
cc. Laura Murphy, Archaeologist, Muckleshoot Tribe
Cecile Hansen, Chair, Duwamish Tribe
Dennis Lewarch, THPO, Suquarnish Tribe
EXHIBIT 8 ,eology & Historic Preservaflon
,n 98504-8343 • (360) 586-3065
www.dahp.wa.gov
J
Inadvertent Archaeological and Historic Resources Discovery Plan for King County
In the event that any ground-disturbing activities or other project activities related to this
development or in any future development uncover protected cultural material ( e.g., bones, shell,
antler, horn or stone tools), the following actions will be taken:
1. When an unanticipated discovery of protected cultural material (see definitions below) occurs, the
property owner or contractor will completely secure the location and contact:
a. The property owner and project manager;
b. A professional archaeologist;
c. The Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler, 360-586-
3088, 360-628-2755 cell);
d. The Muckleshoot Indian Tribe Co (Laura Murphy, Archaeologist, 253-876-3272);
e. The Duwamish Tribe (Cecile Hansen, Chair, 206-431-1582)
f. Suquamish Tribe, Dennis Lewarch, THPO (360-394-8529), and Steven Mullen-Moses, Cultural
Resources, Snoqualmie Tribe (360-652-7362)
2. If the discovery is human remains, the property owner or contractor will stop work in and adjacent
to the discovery, completely secure the work area by moving the land-altering equipment to a
reasonable distance, and will immediately contact:
a. The property owner;
b. The Kin County Sheriffs Department (425-556-2500) and;
c. The King County Coroner, Richard Harruff (206-731-3232) to determine if the remains are
forensic in nature;
d. If the remains are not forensic in nature the Department of Archaeology and Historic Preservation
(DAHP) (Gretchen Kaehler 360-586-3088 and Guy Tasa 360-586-3534); will take the lead on
determining the appropriate method of treatment for the remains and will consult with the affected
tribes;
3. Cultural material that may be protected by law could include but is not limited to:
a. Buried layers of black soil with layers of shell, charcoal, and fish and mammal bones (Figure 1 ).
b. Non-natural sediment or stone deposits that may be related to activity areas of people;
c. Stone, bone, shell, horn, or antler tools that may include projectile points (arrowheads),scrapers,
cutting tools, wood working wedges or axes, and grinding stones (Figures 2 and 3);
d. Stone tools or stone flakes (Figures 2 and 3);
e. Buried cobbles that may indicate a hearth feature (Figure 4);
f. Old ceramic pieces, metal pieces, tools and bottles (Figures 5 and 6); and
g. Perennially damp areas may have preservation conditions that allow for remnants of wood and
other plant fibers; in these locations there may be remains including:
• Fragments of basketry, weaving, wood tools, or carved pieces; and
• Human remains.
1
4. COMPLIANCE WITH ALL APPLICABLE LAWS PERTAINING TO ARCHAEOLOGICAL
RESOURCES (RCW 27.53, 27.44 and WAC 25 -48) AND WITH HUMAN REMAINS (RCW
68.50) IS REQUIRED. FAILURE TO COMPLY WITH THESE REQUIREMENTS COULD
RESULT lN A MISDEMEANOR AND POSSIBLE C IVIL PENAL TIES AND/OR CONSTITUTE
A CLASS C FELONY.
Figure 1: Shell midden
2
Figure 2: Example of stone tools
3
'-1
Fi gure 3 : Example of stone flake.
4
Figure 4: Example of hearth (oven) feature.
5
Figure 5: Example of hist oric artifacts from debris scatter.
F igure 6: Example of bottle from hi storic debri s dump.
6
November 11, 2014
Kris Sorensen, Planner
CED Planning Division
1055 S Grady Way
Renton, WA 98057
Re: DiCerchio Joint Use Pier/ LUA14-001181
,
The following is a response to comments in an email from Karen Walter with the Muckleshoot Indian Tribe dated
October I, 2014.
The proposed design for the project is the one on sheet A2.0. The application with the Army Corps of
Engineers has been revised to this design without the ell. The location of the lifts has been revised to be in
deeper water.
The canopy is no longer being proposed and has been removed from the revised plans.
The proposed planting locations have been revised to be denser and closer to the ordinary high water mark.
Additional shrubs have been added to the planting plan in the revised drawings. The existing willows have not
had a chance to mature yet and my client would prefer to not add additional willows.
I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have
any questions, or if you require any additional information.
Sincerely,
Evan Wehr
Ecco Design Inc.
206-706-393 7
EXHIBIT 9
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\
November 11, 2014
Kris Sorensen, Planner
CED Planning Division
1055 S Grady Way
Renton, WA 98057
Re: DiCerchio Joint Use Pier/ LUAI4-001181
Attached is a letter from Gretchen Kaehler with the Department of Archaeology and Historic Preservation stating
that an archaeological survey is not necessary from the project and that an inadvertent discovery plan should be
implemented for the project. I have included the inadvertent discovery plan provide by Gretchen that will be used
for the project.
I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have
any questions, or if you require any additional information.
Sincerely,
Evan Wehr
Ecco Design Inc.
206-706-393 7
Kris Sorensen
From:
Sent:
Karen Walter < KWalter@muckleshoot.nsn.us>
Tuesday, December 09, 2014 9:00 AM
To: Kris Sorensen
Cc: Heller, Christa H (DFW)
Subject:
Attachments:
FW: City of Renton Off Hold Notice -DiCerchio Joint Use Pier -LUA14-001181, ECF, SM
Off Hold Letter 14-001181.pdf; DiCerchio Pier Responses to Muckleshoot and
Archeologic Concerns 14-001181.pdf
Kris,
Thank you for forwarding the applicant's responses to our initial comments for this project. We have some follow-up
comments as noted below:
1. Can we get a better copy of the proposed planting plan? The copy we received is difficult to review and scale. It
comes out black and white so it is difficult to discern the existing from the proposed.
2. Can we get a copy of the as-built planting plan and all of the available monitoring reports? Based on other sites
in the Barbee Mill Plat and the photos for this site in the BE, we are concerned that the plants are low growing and
spaced widely within the plat mitigation area and could use additional plantings to provide further shoreline
functions and fish habitat.
3. We maintain our recommendation to add more native willows into the space on the DiCerchio property that is
shown as blank at the corner currently.
4. Since we received the NOA from the City, we also received the Corps 404 tribal notice for this project. In our
comments to that pending permit, we raised concerns that this pier project is near the May Creek delta and may
result in future dredging to maintain moorage at this location at the expense of existing juvenile salmon shallow
water habitat. We asked for an analysis regarding the potential for dredging and how dredging will be avoided if
the pier is approved.
Please let me know if you have any questions or would like to discuss these comments further.
Best regards,
Karen Walter
Watersheds and Land Use Team Leader
Muck/eshoot Indian Tribe Fisheries Division
Habitat Program
39015 172nd Ave SE
Auburn, WA 98092
253-876-3116
From: Sabrina Mirante [mailto:SMirante@Rentonwa.gov]
Sent: Tuesday, November 25, 2014 3:30 PM
To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy
Cc: Kris Sorensen
Subject: City of Renton Off Hold Notice -DiCerchio Joint Use Pier -LUAl 4-001181, ECF, SM
Please see Off Hold Notice and Response to Agencies documents for LUA14-001181, ECF, SM -DiCerchio Joint Use
Pier. The comment period ends December 9, 2014.
Please let me know if you have any questions.
Sa6rina !Mirante, P(anning Secretary EXHIBIT 10
City of Renton I CED I Planning Division
1055 S Grady Way I 6th Floor I Renton, WA 98057
Phone: 425.430.6578 I Fax: 425.430. 7300 I
smirante@rentonwa.gov
2
•
December 15. ~014
Kris Sorensen, Associate Planner
CED Planning Division
1055 S Grady Way
Renton, WA 98057
Re: DiCerchio Joint Use Pier/ LU A 14-00118 l
The following is a line item response tll c,1ncems from Karen Walter with the Muckkshoot Indian Tribe listed in
a December 10, 2014 letter from Kris Sorensen. Karen's concerns are listed in ho/rl italics with our responses
below in plain text.
Evaluation of'11ative willows as part ofrhe 111itigatio11 planting p/a11;
In addition to the Muckleshoot Indian Tribe we have also received comments on the plantings from the
Snoqualmie Indian Tribe through the Army Corps of Engineers. TI1e Snoqualmie Tribe has requested that trees
be included in the planting plan. The Barbee Mill Community Organization (BBMCO) must approve of any
new plantings at the site. We have been in corresponding with the BBMCO to try and get them to allow a few
native trees to be planted at the site. When/if the BBMCO agree to allow trees to be planted at the site we will
notify both the Muckleshoot and Snoqualmie tribes through the Anny Corps of Engineers.
Evaluation of potential future dredging to 111ai11tai11 moorage at tire proposed pier location, witft evaluation
ofimpact.1· to existi11gj11ve11ile .w1l111011 shallow water habitat, and how dredging could he avoided.
Attached are aerial photo overlays of the May Creek delta from 2005, 2007, 2010, and 2013. While the delta
has expanded significantly to the west and southwest it's expansion northward has been minimal. The proposed
location of the pier is as far away from the mouth of May Creek as is possible at the site. The water depth at the
proposed boat lifts is approximately 10'. Given that the current water depth is more than sufficient and that the
delta expansion notihward has been minimal foture dredging at the proposed pier should not be necessary. My
client is willing to agree that the pier be approved with the condition that dredging not be allowed to maintain
moorage depth.
I hope that all of the above items have been addressed satisfactorily. Please tee! free to contact me if you have
any questions, or if you require any additional information.
Sincerely,
Evan Wehr
Ecco Design Inc.
206-706-3937
EXHIBIT 11
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Kris Sorensen
From:
Sent:
To:
Subject:
Hi Kris,
Evan Wehr <evan@eccodesigninc.com>
Wednesday, January 07 , 2015 11:29 AM
Kr is Sorensen
Fw: Fwd: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines
Attached is the email ap proval from the BBMCO of the four proposed s hore pines for Richard DiCerchio.
Thank you,
Architecture & Design
203 N 36th Ste. 201
Seattle, WA 98103
206. 706.3937
et;9J.(.l~5igr11JJ.C:_. i:.o , .lJ
Fa cebook Houzz
-----Forwarded Message -----
From: Richard DiCerchio <rdicerchio @l ive.com >
To: Evan Wehr <evan @e ccodes igni nc.c om>
Sent: Friday, December 26, 2014 2:43 PM
Subject: Fwd: Barbee M i ll ACC Landscape Request-Lot 48 Shore Pines
What is the next step?
Sent from my iPad
Begin forwarded message:
From: Shirley Ely <SEly@morrismanagement.com>
Date: December 26, 2014 at 1 :27:34 PM PST
To: Richard <rd icerchio @live .com>
Subject: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines
Hello the re D ic k!
I just received the d ec ision of the com mittee a nd Board rega rdi ng you r landscape ACC req uest.
They have approved cont ingent upon k ee ping the height of the p lantings at or be low 15 feet.
I hope tha t wi ll wo rk for you and that yo u a nd yours h ave a wonde rful week end!.
Warmest regar cJs ,
,Sh irle .13 EJ!J , ARM, C P~1. C MCA, A M5, f'CA.M
As soc iat ion Mano qer
Mor ri s Management, Inc ., AA MC
425-283-5858, e x t . 119
w ww .morrism anaqement .com
From : R icha rd [m ai lto:rdicerch io@ live.c om]
Sent : Mo nday, December 22 , 2 01 4 11 :06 AM
To: Shi rl ey El y
Subject : Fw: Sho re Pine s
If y ou have any questions , please contact me.
From : Ric h ard
Sent: Frid a y, Decembe r 19, 20 14 5 :31 PM
To: Evan W eh r
The proposed trees will not be in the view corridor regardless of their height.
The first one is a v iew from the front of our house North.
The second , third and forth ones are of the area where the new trees are planning to
go .
The fifth one is from the front of our house showing the vi ew c o rridor to the water.
the area of the propos ed plants is impossible to be seen .
Also , the planting area is 15 feet below the driveway ..
2
3
•
.. ' -
4
.'
. ·~ ..... __. ...
'<'.~,..., .
5
6
/ .
DiCerchio/Barbee Mill Waterfront LLC
Joint-Use Pier Proje,~
August 25, 2014
For:
Richard DiCerchio
4005 Williams Ave. N.
Renton, WA 98056
MARINE SURVEYS li ASSESSMENTS
521 Snagstead Way
Port Townsend WA 98368
(360) 385-4073
EXHIBIT 12
•
(360) 385-4073
rn c1 r in e .surveys. inc@gm ail. com
ADDENDUM
December 17th. 2014
521 Snagstead Way
Port Townsend WA 98368
For: DiCerchio/ Barbee Mill Waterfront LLC Joint-Use Pier Project
4005 Williams Ave. N. Renton, WA 98056
Case# , Biological Evaluation Dated August 25'", 2014
Proposed Mitigation Planting
In order to enhance the habitat in the area of the proposed pier, mitigation planting of native plant
species is proposed. For this project a total of nine Nootka Roses, nine Tall Oregon Grape, and thirteen
Red-Flowering Currants are proposed to be plant in the project area (see attached drawings). Planting of
the native plant species listed above will enhance the habitat and provide additional ecological values and
functions to the project site.
Net-Loss Determination
As stated in the original Biological Evaluation (BE) document the determination of effects for
ESA species in the area are provided below:
1. Puget Sound Chinook -'"May affect, not likely to adversely affect"
2. Bull Trout -"May affect, not likely to adversely affect"
3. Puget Sound Steelhead -'"May affect, not likely to adversely affect"
4. Marbled Murrelet-"No effect"
All measures have been taken to avoid and minimize potential impacts resulting from the
proposed project (see BE). In consideration of the unlikely impact to ESA species as well as the proposed
mitigation planting suggested above to enhance the habitat, we determine that no-net-loss of ecological
function will result from this project's unavoidable impacts due to its' water dependent use. Additionally
we believe that this project reflects the goal of the Shoreline Master Program by balancing access to the
environment with the protection of that environment.
Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us
if you have any questions or comments.
Sincerely,
Nam Siu
Marine Biologist and Project Manager
Marine Surveys & Assessments
EXHIBIT 13
/
PLANNING DIVISION
ENVIRONMENTAL CHECI<' 'T.
~\. "J\. ~e ~e City of Renton Planning Division v-''. 0()(.
1055 South Grady Way-Renton, Wt <:)ov ~ ~
Phone: 425-430-7200 Fax: 42" ~~'(,e ..:::,~O
~ -:.o'e
.·.\
PURPOSE OF CHECKLIST: ~i,.~'l>
The State Environmental Policy Act (SEPA), Chapte, ~ requires all governmental
agencies to consider the environmental impacts of a oefore making decisions. An
Environmental Impact Statement (EIS) must be prep, ror all proposals with probable
significant adverse impacts on the quality of the environn,ent. The purpose of this checklist is
to provide information to help you and the agency identify impacts from your proposal (and to
reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide
whether an EIS is required.
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of
your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,
with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In
most cases, you should be able to answer the questions from your own observations or project
plans without the need to hire experts. If you really do not know the answer, or if a question
does not apply to your proposal, write "do not know" or "does not apply". Complete answers
to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems, the governmental
agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a
period of time or on different parcels of land. Attach any additional information that will help
describe your proposal or its environmental effects. The agency to which you submit this
checklist may ask you to explain your answers or provide additional information reasonably
related to determining if there may be significant adverse impact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS:
Complete this checklist for nonproject proposals, even though questions may be answered
"does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT
ACTIONS (part D).
For nonproject actions (actions
references in the checklist t«
read as "proposal," "proposi
R:\Temp09\12-environmental checklist.doc
involving decisions on
EXHIBIT 14
oolicies, plans and programs), the
"property or site" should be
;pectively.
06/09
'l
Construction Mitigation Description
DiCerchio Pier
/.-::i.. ·.· ' __ . .,
Construction Dates : The date of construction will depend on when the necessary
government approvals for the lift are issued. Construction of the pier and the installion of
the boat lifts and canopy will only take approximately two weeks to complete. The in
water work window at the site is open from July 16 1h through December 31 ''. The work
will be completed during the work window opening in either December 2014 or July
2015.
Hours and Days of Operation: The work will take place during the City ofRenton's
typical hours of construction which are 7:00 am through 10:00 pm Monday through
Friday and 9:00 am through I 0:00 pm Saturday and Sunday.
Proposed Hauling/Transportation Routes: The materials will be brought to the site by
a barge by way of Lake Washington.
Measures to be implemented to minimize dust, traffic and transportation impacts,
erosion, mud, noise, and other noxious characteristics: Work will take place only
during allowed hours of operation. Erosion will not be caused by the project. There will
be elevated levels of noise from construction during the installation of the piles.
Special Hours Proposed for Construction: No special hours are proposed for
construction.
Preliminary Traffic Control Plan: Traffic control is not necessary for the project.
EXHIBIT 15
PLAN REVIEW COMMEN' LUA14-001181
Application Date: August 29, 2014
Name: DeCerchio joint use pier, boat lifts, and canopy
Site Address: 4011 Williams Ave N
Renton, WA 98056-2118
of
Plan -Planning Review Version 2 I February 05, 2015
Engineering Review Comments Vicki Grover I 425-430-7291 I vgrover@rentonwa.gov
Recommendations: I have reviewed the application tor the DiCerchio Pier located at 4005 & 4011 Williams Avenue North and have the
following comments:
EXISTING CONDITIONS
WATER Water service is not a requirement tor this project.
SEWER Sewer service is not a requirement for this project.
STORM There are not any required detention, water quality or conveyance systems for this project.
STREETS There are no street frontage improvements required for this project.
GENERAL INFORMATIONAL COMMENTS
1. Please refer to the 2009 King County Surtace Water Design Manual, pg. 5 31 "Material" when choosing the type of material to be used
for the pilings. Epoxy Coating shall be applied to all piles.
2. The grate shall be treated to prevent leaching of metals. A leachable metal surface consists of, or is coated with a non ferrous metal
that is soluble in water. Refer to the 2009 King County Surface Water Design Manual, pg. 6 17 "Use of Metal Materials" when considering
the grating material to be used for the pier's surface. Thruflow is a trademarked product and acceptable for use.
CONDITIONS
1. Please provide documentation to substantiate the fish window time frame of July 16 to December 31. A Hydraulic Project Approval
(HPA) will be required. Please provide the City of Renton with a copy once the permit is obtained.
2. During construction, the contractor shall prevent all dust, drips, debris and spills from coming in contact with the water's surface.
Needs to be shown on the TESC (Temporarv Erosion & Sediment Control Plan).
Planning Review Comments Kris Sorensen I 425-430-6593 I ksorensen@rentonwa.gov
Recommendations: Planning:
1. RMC section 4 4 030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the
Development Services Division.
2. Commercial, multi family, new single family and other nonresidential construction activities shall be restricted to the hours between
seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between
nine o'clock (9:00) a.m. and eiaht o'clock (8:00) o.m. No work shall be oermitted on Sundavs.
EXHIBIT 16
Ran: February 05, 2015 Page 1 of 1
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DEPARTMENT OF CO
AND ECONOMIC DEV
ERC MEETING DA TE:
Project Name:
Project Number:
Project Manager:
Owner/Applicant:
Contact:
Project Location:
Project Summary:
Exist. Bldg. Area SF:
DiCerchio Joint Use Residential Pier
LUA14-001181, ECF, SM
Kris Sorensen, Associate Planner
Richard DiCerchio; 4005 """'-
Barbee Mill Waterfront I
Evan Wehr; Ecco Design
4005 & 4011 Williams Av
.. of ,;
' ;
BY. DATE:
l!IYJ.----.:.-'-' -DATE; ___ _
,n WA 98056; and
~-N __ _
~--------
~~-----
The applicant is requestin "!!. d'W and a Shoreline Substantial
Development Permit fort (S iw 80-foot long fully grated
shared pier/dock, two mo ~tion of two freestanding,
portable boatlifts in associ "" ~ single family residences on
the shore of Lake Washing _ -· J,atewide Significance. May Creek
and regulated shoreline borders the subject properties at the south and is
approximately 175 feet from the proposed pier location. The subject site
consists of two properties that total 17,348 sf in area within the R-10 zone. Pier
construction would be accomplished by driving 8 steel piles between 4 and 10
inches in diameter with a barge-mounted vibratory pile. Two 3-inch diameter
steel pins would be driven on land to support the landward section of the pier.
Additionally, two 12-inch diameter steel mooring piles would be driven in the
water on the southside of the dock. A dock ladder would be installed at the end
of the pier. The boatlifts would be installed on either side approximately 57 feet
from the shoreline. Twenty-seven shoreline plants are provided as mitigation.
N/A Proposed New Bldg. Area (footprint):
Prapased New Bldg. Area (gross):
N/A
N/A
Site Area: 4005 Williams: 10,756 sf
4011 Williams: 6,592 sf
Total Building Area GSF: N/A
STAFF
RECOMMENDATION:
Staff Recommends that the Environmental Review Committee issue a
Determination of Non-Significance -Mitigated (ONS-M).
Project Location Mop
••
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
of
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE;
LAND USE ACTION FILE NO.;
DATE RECEIVED
DATE OF PUBLIC NOTICE;
February 9, 2015
LUA14-001181, ECF, SM
August 28, 2014
September 17, 2014
Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline
Substantial Development Permit. This action is proposed on the following application:
PROJECT NAME:
PROJECT MANAGER:
OWNER/APPLICANT:
CONTACT:
PROJECT LOCATION:
LEGAL DESCRIPTION:
DiCerchio Joint Use Residential Pier
Kris Sorensen, Associate Planner
Richard DiCerchio; 4005 Williams Ave N; Renton
WA 98056; and
Barbee Mill Waterfront LLC; 4011 Williams Ave N
Evan Wehr; Ecco Design Inc; 203 N 36th St #201;
Seattle WA 98103
4005 & 4011 Williams Ave N
4005 Williams Ave N: Lot 48, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
and utilities as delineated on the face of said plat;
And also together with an easement across Lot 47
for ingress, egress and utilities as delineated on
the face of said plat.
4011 Williams Ave N: Lot 47, Barbee Mill,
according to the plat thereof, recorded in volume
246 of plats, pages 25 through 39, inclusive, in
King County, Washington; Together with an
undivided interest in Tract K for ingress, egress
City of Renton Department of Community & Economic Development
DiCerch/o Joint Use Residential Pier
DATE OF PERMIT: February 13, 2015
Shoreline Management Permit
LUA14-001181, ECF, SM
Page 2 of 14
and utilities as delineated on the face of said plat.
SEC-TWN-R: NW-32-24-5
PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint
use residential pier/dock on the shore of Lake Washington. The dock would have a fully grated
80-foot long, 4 to 6 feet in width with a total area of 400 square feet. The applicant is
proposing to install a freestanding boatlift adjacent to an existing community boat dock. Two
boatlifts would be located next to the dock approximately 57 feet from the shoreline. The pier
construction would be accomplished by driving steel piles using a barge-mounted vibratory pile
and installing two 3-inch diameter steel pins on land to support the landward section of the
pier. Two 12-inch diameter steel mooring piles would be driven in the water on the southside
of the pier, approximately 80 feet and 50 feet from the shoreline. The 8 steel piles to support
the pier consist of two 4-inch diameter steel piles, four 8-inch diameter steel piles, and two 10-
inch diameter steel piles. A canopy to cover the boatlift on the southern side of the dock was
originally proposed and is no longer being proposed.
The bottom of the dock at is approximately 18 inches above the Ordinary High Water Line. The
proposed boat lifts would be approximately within 6 to 12 inches above the Ordinary High
Water Line in the most upward position when a boat sits on top of the bunkers in a parked
position. The boat lifts are approximately 12 feet by 10 feet in size (120 square feet in area) and
would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. The boat lifts were
originally proposed at 42 feet from the shoreline and have been revised and located further
waterward, at approximately 57 feet in distance from the shoreline. At the deepest point of the
lifts, they would be approximately 12 feet below the waterline.
Construction materials would be stored on a barge brought to the site. The date of
construction would depend on when the necessary government approvals are issued.
Construction of the pier and installation of the boat lifts would take approximately two weeks
to complete from start. The in water work window within Lake Washington at the site is open
from July 16 to December 31. The work is proposed to be completed in July 2015. The boatlifts
would be pre-assembled and set in the lake by crane from the construction barge following
construction of the pier. A silt containment curtain would be installed around the work area.
The joint use dock would provide moorage and facilitate access to Lake Washington for the
residents of the two upland properties. The subject properties have approximately 123 feet of
Lake Washington shoreline made up of existing rock bulkhead and a metal sheetpile bulkhead
with concrete cap.
City of Renton Department of r.,ommunity & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: February 13, 2015
Shoreline Management Perm;t
LUA14-001181, ECF, SM
Page 3 of 14
A planting mitigation plan provides for two Scour's Willows and two Red-Osier Dogwoods to be
be planted as close to the lake as possible at the southwest corner of 4157 Williams Ave N
property, north of the boat lift location. A monitoring and maintenance plan for the plantings
has been provided to evaluate ongoing performance ofthe plantings over a 5-year period.
The subject properties are part of the Conner Homes at Barbee Mill project which includes 114
lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of duplexes
and single-family residences. The overall site was formerly a lumber mill facility. In order to
restore the former industrial site to a site suitable for a residential waterfront subdivision, the
mill buildings were demolished, contaminated soils remediated, fill soils were removed from
behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and piling associated with the
mill operation were removed; and shoreline restoration was accomplished. The shoreline
restoration was accomplished by the Barbee Mill Company upon cessation of the mill
operation. The cost fair market value of the project is $100,000.
An Environmental (SEPA) Review Determination of non-Significance -Mitigated (DNS-M) was
issued for this project on February 13, 2015. The appeal period of the determination ends
February 27, 2015.
FINDINGS OF FACT:
1. The applicant is requesting a Shoreline Substantial Development Permits for the
construction of a shared pier/dock connected to the shoreline, installation of two
mooring piles, and installation of two boat lifts for the use of two residential properties.
2. The site currently is comprised of two single family residences, each with landscaping
between the structure and shoreline and pathways to the shoreline that provide access
to the proposed dock. The properties on the north side developed with residential
homes and May Creek on the south side.
3. The shared pier would project waterward from the shoreline approximately 80 feet and
have boat lifts installed on either side approximately 57 feet from shore. Two mooring
piles are located approximately 14 feet south of the pier, one at 80 feet from shoreline
and the other 50 feet from the shoreline. The boat lift would be installed on the north
side of the existing Community Dock, 4 feet east of the inner harbor line, and
approximately 11 feet 6 inches from the sheetpile and concrete shoreline bulkhead to
the west.
4. The pier, boat lifts, and mooring piles would provide moorage and facilitate access to
Lake Washington for use by residents and guests 4005 and 4011 Williams Ave N.
5. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width to
a distance of 40 feet from shore, and 6 feet in width to 80 feet at the end of the
walkway. The pier will be held in place by 8 steel piles in the lake between 4 and 10
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: February 13, 2015
Shoreline Management Permit
LUA14-00ll81, ECF, SM
Page 4 of 14
inches in diameter and 2 steel piles driven on land 3 inches in diameter.
6. The boat lift dimensions are approximately 175 square feet in area supported on the
lake bottom by four 1-foot wide by 1-foot long pads, with a total of 4 square feet sitting
on the lake bottom.
7. The two steel mooring piles are 12 inches in diameter.
8. The boat lifts are accessory to the shared pier, and are permitted outright per RMC
Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 12 feet below the
waterline at their most westerly deepest point.
9. The shared pier would cross from landward of the Inner Harbor line into the Lake
Washington area regulated by Department of Natural Resources.
10. The subject site has priority habitat and is located in areas regulated by the City of
Renton Shoreline Master Program for Lake Washington and May Creek although the
project is only located in the lake regulated area. Steep slopes are located on-site on the
westerly portion of 4005 Williams Ave N. No other critical areas exist on site.
11. Representatives from various city departments have reviewed the application materials
to identify and address issues raised by the proposed development. These comments
are contained in the official file, and the essence of the comments have been
incorporated into the appropriate sections of this report, the Environmental {SEPA)
Review Report, and the Departmental Recommendation at the end of this report.
12. An Environmental (SEPA) Review Determination of non-Significance -Mitigated (DNS-
M) was issued for this project on February 13, 2015 with 5 mitigation measures. The
appeal period of the determination ends February 27, 2015.
13. An amended project biological evaluation by Marine Surveys & Assessments, dated
December 17, 2014, states that for this project there will be no net loss of ecological
functions and values which is consistent with the City of Renton's Shoreline Master
Program.
14. The applicant received approval of the planting plan by the Barbee Mill homeowners
association for installation of the proposed plantings along May Creek shoreline and
Lake Washington shoreline.
15. A mitigation planting plan provides for installation of 4 Shore Pine trees, 6 Nootka Rose
shrubs, 8 Red-Flowering Currants shrubs, and 6 Tall Oregon Grape shrubs on the 4005
Williams Ave N property, and 8 Red-Flowering Currants shrubs on the 4011 Williams
Ave N property.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: February 13, 2015
Shoreline Management Permit
LUAl4-00118l, ECF, SM
Page 5 of 14
16. The following table contains project elements intended to comply with the Shoreline
Master Program standards and policies, as outlined in RMC 4-3-090:
A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT:
The site is located in the Shoreline High-Intensity Overlay District. The objective of the High Intensity
Overlay is to provide opportunities for large-scale office and commercial employment centers as well as
multi-family residential use and public services. This district provides opportunities for water-dependent
and water-oriented uses while protecting existing ecological functions and restoring ecological functions
in areas that have been previously degraded. Development may also provide for public use and/or
community use, especially access to and along the water's edge. The proposal is compliant with the
following Shoreline policies:
Objective SH-A. Provide for use of the limited water resource consistent with the goals of
the Shoreline Management Act by providing a preference for water-oriented uses.
Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline
Master Program ensure that new uses, development, and redevelopment within the
shoreline jurisdiction do not cause a net loss of shoreline ecological functions.
Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City
of Renton should be designed to ensure no net loss of ecological functions.
Policy SH-14. Shoreline use and development should be carried out in a manner that
prevents or mitigates adverse impacts so that the resulting ecological condition does not
become worse than the current condition. This means ensuring no net loss of ecological
functions and processes in all development and use. Permitted uses should be designed and
conducted to minimize, in so far as practical, any resultant damage to the ecology and
environment (RCW 90.58.020). Shoreline ecological functions that should be protected
include, but are not limited to, fish and wildlife habitat, food chain support, and water
temperature maintenance. Shoreline processes that shall be protected include, but are not
limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water
recharge and discharge; sediment delivery, transport, and storage; large woody debris
recruitment; organic matter input; nutrient and pathogen removal; and stream channel
formation/maintenance.
B. DEVELOPMENT STANDARDS:
The subject site where the pier will be located is classified as S.horeline High Intensity on the City of
Renton Shoreline Overlay Map. The following development standards are applicable to the proposal:
1. No Net Loss of Ecological Functions Required
Shoreline use and development shall be carried out in a manner that prevents or mitigates
adverse impacts to ensure no net loss of ecological functions and processes in all
development and use. Permitted uses are designed and conducted to minimize, in so far as
practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residentiol Pier
Shoreline Management Permit
lUAl4-00ll8l, ECF, SM
DATE OF PERMIT: February 13, 2015 Page 6 of 14
ecological functions that shall be protected include, but are not limited to, fish and wildlife
habitat, food chain support, and water temperature maintenance. Shoreline processes that
shall be protected include, but are not limited to, water flow; erosion and accretion;
infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage;
large woody debris recruitment; organic matter input; nutrient and pathogen removal; and
stream channel formation/maintenance.
Staff Comment: The applicant provided an addendum to the biological assessment,
authored by Morine Surveys & Assessments /wha olsa authored the biological review)
stating that the project and mitigation measures and proposed plantings provide for na net
loss af ecological functions and values which is consistent with the City of Ren ton's Shoreline
Master Program.
2. Burden on Applicant
Applicants for permits have the burden of proving that the proposed development is
consistent with the criteria set forth in the Shoreline Master Program and the Shoreline
.,' Management Act, including demonstrating all reasonable efforts have been taken to
provide sufficient mitigation such that the activity does not result in net loss of ecological
functions.
3. View Obstruction and Visual Quality
View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or
multi-lot developments are proposed, primary structures shall provide for view corridors
between buildings where views of the shoreline are available from public right-of-way or
trails.
N/A Staff Comment: The proposed shared dock and associated mooring piles and boat lifts ore
not a primary structure and the dock would be approximately 2.5 feet above the waterline
and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet
above the waterline.
Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet
above average finished grade level except at specific locations.
.,' Staff Comment: The building is less than 35 feet in height above the waterline as mentioned
in the previous section. The dock is proposed to project woterward from the shoreline, which
is a lower grade than the building pods the homes are built on.
Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All
new or expanded commercial development adjacent to residential use and public parks shall
N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such
as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape
areas may be required to provide a visual screen.
Lighting Requirements: Display and other exterior lighting shall be designed and operated so
.,' as to prevent glare, to avoid illuminating nearby properties used for noncommercial
purposes, and to prevent hazards for public traffic. Methods of controlling spillover light
include, but are not limited to, limits on the height of light structure, limits on light levels of
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: February 13, 2015 Page 7 of 14
fixtures, light shields, and screening.
Staff Comment: The proposed shared dock has four dock lights, with two an either side of the
dock and are not anticipated ta create glare, illuminate nearby residential properties, or
create hazards for public traffic.
Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ
N/A materials that limit reflected light.
Integration and Screening of Mechanical Equipment: Building mechanical equipment shall
be incorporated into building architectural features, such as pitched roofs, to the maximum
extent feasible. Where mechanical equipment cannot be incorporated into architectural
features, a visual screen shall be provided consistent with building exterior materials that
./ obstructs views of such equipment.
Staff Comment: Conduit containing electric wiring is proposed as part of the dock proposal.
The conduit is below grate, between the supporting stringers that the grate sits upon, which
provides for the wiring ta be screen from view.
Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated
into buildings including fences, piers, poles, wires, lights, and other freestanding structures
shall be designed to minimize visual prominence .
./ Staff Comment: The freestanding boat lifts an either side of the shared pier at their highest
paint would be be/aw the nearby shoreline bulkhead without a boat, and below the top of
the pier at the highest point without a boat.
Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated
buffers shall not exceed four feet in width; provided, that where ADA requirements apply,
such facilities may be increased to six feet in width. Stairways shall conform to the existing
./ topography to the extent feasible.
Staff Comment: The existing walkway along the two properties' shared property fine is 4 feet
in width, is concrete, and therefore does not exceed the four foot width.
4. Community Disturbances:
Noise, odors, night lighting, water and land traffic, and other structures and activities shall
be considered in the design plans and their impacts avoided or mitigated .
./
Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or
other water and land traffic disturbances beyond those that are part of water and booting
related activities an the fake and that occur with a shared pier and maarage.
5. Public Access:
Physical or visual access to shorelines shall be incorporated in all new development when the
development would either generate a demand for one or more forms of such access, would impair
existing legal access opportunities or rights, or is required to meet the specific policies and regulations of
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUAl4-00118l, ECF, SM
DATE OF PERMIT: February 13, 2015
the Shoreline Master Program.
Page 8 of 14
N/A
Lake Washington Reach C: The potential for provision of public access from new
development will occur after cleanup of the Superfund site with multi-use development,
which shall include shoreline access across the entire property, with controlled access to the
water's edge, consistent with requirements for vegetation conservation and ecological
restoration and provisions for water-dependent use, consistent with standards of this
Section. Provision of public access from future redevelopment of the Seahawks and Barbee
Mill site shall include a continuous public access trail parallel to the shoreline with controlled
public access balanced with provisions for ecological restoration, as well as to shared or
commercial docks, consistent with standards of this Section.
Staff Comment: The dock, two boatlifts, and mooring piles will not impact or reduce public
access established through the Barbee Mill lumber mill clean-up and redevelopment.
6. Building and Development Location -Shoreline Orientation
Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions
of their developments along the shoreline. Development and use shall be designed in a manner that
directs land alteration to the least sensitive portions of the site to maximize vegetation conservation;
minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect
wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic
values
,/
Location of Development: Development and use shall be designed in a manner that directs
land alteration to the least sensitive portions of the site.
Staff Comment: The applicant's biological habitat evaluation and related addendums provide
some analysis. The location of the shared dock is at the furthest distance from May Creek as
possible. Additionally, comments received from reviewing agencies have been integrated
into the project and provided for improved site development to reduce impacts in the
shoreline and lake areas. In the initial proposal for the project, one of the boat lifts was
proposed with a canopy, the boatlifts were to be installed at approximately 42 feet from the
shoreline, and no trees were proposed as part of project mitigation. Through comments
received from reviewing agencies, the applicant revised the project. The boat lift canopy is
not longer proposed. The boat lifts are now proposed 57 feet into the lake, 15 feet further
than proposed. Additionally, native plantings are to be installed in closer proximity of the
Lake Washington shoreline and May Creek shoreline and will include four Shore Pine trees.
Minimization of Site Alteration: Development shall minimize site alteration in sites with
substantial unaltered natural features by applying the following criteria:
(a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading,
and alteration of topography and natural features.
(b) Impervious surfacing for parking lot/space areas shall be limited through the use of
under-building parking or permeable surfaces where feasible.
(c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: February 13, 2015 Page 9 of 14
(d) Development shall be located and designed to avoid the need for structural shoreline
stabilization over the life of the development. Exceptions may be made for the limited
instances where stabilization is necessary to protect allowed uses, particularly water-
dependent uses, where no alternative locations are available and no net loss of ecological
functions will result.
Stoff Comment: Criteria "d" above is applicable to the project. The installation of the shared
dock will hove a physical connection with the shoreline. To help stabilize the project into the
future, the project hos been designed to use posts driven into the lake to support the
structure with two pin piles to be driven at the beginning of the pier on the shoreline to
support the landward section of the pier. It is not anticipated that the proposal would create
structural destoblization in the future. Any stabilization work if required in the future, would
require a shoreline permit or exemption and provide required anlysis to evaluate possible
impacts of ecological functions and mitigation requirements.
Location for Accessory Development: Accessory development or use that does not require a
shoreline location shall be located outside of shoreline jurisdiction unless such development
is required to serve approved water-oriented uses and/or developments or unless otherwise
allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or
N/A developments such as parking, service buildings or areas, access roads, utilities, signs and
storage of materials shall be located inland away from the land/water interface and
landward of water-oriented developments and/or other approved uses unless a location
closer to the water is reasonably necessary.
Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of
reasonable access to navigable waters. Existing water-related recreation shall be preserved.
Staff Comment: The proposed location is in an area of the Lake Washington where
,/ navigation is limited, as the site dead-ends into a shoreline sheet pile and concrete cop and
bulkhead to the east, and is in on area where other piers are located. As such, the placement
of the shared pier, mooring piles, and boat lifts at this location would not result in
unreasonable impacts to nativotion or recreation.
7. Archaeological, Historical, and Cultural Resources:
Detailed Cultural Assessments May Be Required: The City will work with tribal, State,
Federal, and other local governments as appropriate to identify significant local historical,
cultural, and archaeological sites in observance of applicable State and Federal laws
protecting such information from general public disclosure. Detailed cultural assessments
may be required in areas with undocumented resources based on the probability of the
presence of cultural resources.
,/
Staff Comment: The reviewing agency comments received as part of the SEPA review
process, provided the applicant a response from the state Department of Archaeology &
Historic Preservation that o professional archeologicol survey is not necessary and would
probably not be useful. The Department requrest that an inadvertent discovery plan be
provided for the project. As part of the City's environmental review, the project requires this
inodvertont discovery pion as o mitigation measure and as requested by the Deportment.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: February 13, 2015 Page 10 of 14
The lnadvertant Archeological and Historic Resource Dicovery Plan requires actions upon
discovery of protected cultural material, human remains, and/or cultural material that may
be protected by law.
Coordination Encouraged: Owners of property containing identified or probable historical,
cultural, or archaeological sites are encouraged to coordinate well in advance of application
for development to assure that appropriate agencies such as the Washington State
,t' Department of Archaeology and Historic Preservation, affected tribes, and historic
preservation groups have ample time to assess the site and identify the potential for cultural
resources.
Staff Comment: See comment above.
Detailed Cultural Assessments Required: Upon receipt of application for a development in
an area of known or probable cultural resources, the City shall require a site assessment by
a qualified professional archaeologist or historic preservation professional and ensure
,t' review by qualified parties including the Washington State Department of Archaeology and
Historic Preservation, affected tribes, and historic preservation groups.
Staff Comment: See comment above.
Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are
discovered in the process of development, work on that portion of the site shall be stopped
immediately, the site secured, and the find reported as soon as possible to the
Administrator of the Department of Community and Economic Development or designee.
Upon notification of such find, the property owner shall notify the Washington State
,t' Department of Archaeology and Historic Preservation and affected tribes. The Administrator
of the Department of Community and Economic Development or designee shall provide for
a site investigation by a qualified professional and may provide for avoidance, or
conservation of the resources, in coordination with appropriate agencies.
Staff Comment: See comment above.
Access for Educational Purposes Encouraged: Land owners are encouraged to provide access
to qualified professionals and the general public if appropriate for the purpose of public
,t' education related to a cultural resource identified on a property.
Staff Comment: See comment above.
8. Standards for Density, Setbacks, and Height-Activities Exempt from Buffers and Setbacks
The following development activities are not subject to buffers and setbacks; provided, that they are
constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological
functions; and provided further, that they comply with all the applicable regulations in RMC Title IV.
Water-Dependent Development: Those portions of approved water-dependent
,t' development that require a location waterward of the OHWM of streams, rivers, lakes,
ponds, marine shorelines, associated wetlands, and/or within their associated buffers.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
WA14-001181, ECF, SM
DATE OF PERMIT: February 13, 2015 Page 11 of 14
Staff Comment: The shared pier is a facility primarily for moorage and use by residents and
guests of the two residential properties. Shoreline ecological functions have been evaluated
and mitigation has been proposed to minimize any impacts in the short term construction
phase and over the long term. The biological assessment
9-Use Regulations:
a. Boat Lifts:
Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are
placed as far waterward as feasible and safe, and platform lifts are fully grated.
Staff Comment: See the above report subsection 6. "Location of Development".
b. Recreation Use: Piers and Docks
,/
,/
N/A
N/A
N/A
,/
Piers and docks shall be designed to minimize interference with the public use and
enjoyment of the water surface and shoreline, nor create a hazard to navigation.
Staff Comment: The proposal is a shared dock, moorage piles, and boat lifts, and being a
shared facility lessens the number of docks in the water that may cause interference with the
public use and enjoyment of the water. The pier, moorage pilings, and boat lifts project
design is anticipated to minimize interference with the public use and enjoyment of the
water and shoreline, and is not anticipated to create a hazard to navigation.
The dock or pier shall not result in the unreasonable interference with the use of adjacent
docks and/or piers.
Staff Comment: The project location and design is not anticipated to result in unreasonable
interferene with the use of adjacent docks.
The use of floating docks in lieu of other types of docks is to be encouraged in those areas
where scenic values are high and where substantial conflicts with recreational boaters and
fishermen will not be created.
The expansion of existing piers and docks is preferred over the construction of new.
Staff Comment: The project is a shared pier and is new. The shared pier provides far two
properties' use of one dock, rather than the construction of two individual piers for each
property.
The responsibility rests on the applicant to affirmatively demonstrate the need for the
proposed pier or dock in his/her application for a permit, except for a dock accessory to a
single family residence on an existing lot.
Staff Comment: The project is a dock accessory to single family residences.
All piers and docks shall result in no net loss of ecological functions. Docks, piers, and
mooring buoys, including those accessory to single family residences, shall avoid, or if that is
not possible, minimize and mitigate adverse impacts to shoreline ecological functions such
Gty of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
Shoreline Management Permit
LUA14-001181, ECF, SM
DATE OF PERMIT: February 13, 2015 Page 12 of 14
N/A
that no net loss of ecological functions results.
Staff Comment: The biological evaluation and adendum to the evaluation determines that
no net loss of ecological function will result from .this project's unavoidable impacts due ta its
water deptendent use.
Over-water construction not required for moorage purposes is regulated as a recreation
use.
New or expanded piers and docks allowed for water-dependent uses shall be consistent
with the following criteria.
• Water-dependent uses shall specify the specific need for over-water location and
shall be restricted to the minimum size necessary to meet the needs of the
proposed water-dependent use.
• Water-related, water-enjoyment and multiple uses may be allowed as part of a dock
or pier to serve as water-dependent use structures where they are clearly auxiliary
to and in support of water-dependent uses, provided the minimum size requirement
needed to meet the water-dependent use is not violated.
• Public access is required over all docks utilizing public aquatic lands that serve
water-dependent uses, water-enjoyment uses and multiple uses, provided it does
not preclude the water-dependent use.
• The dock or pier length shall not extend beyond a length necessary to provide
reasonable and safe moorage.
Staff Comment: Boat maorage for the single family residences is proposed through the
construction of an aver-water pier, mooring piles, and boot lifts. The project impacts and
coverage areas are less than the construction of two individual piers, as the project is a
shared pier. The pier length does not extend beyond a length necessary to provide
reasonable and safe mooroge.
Development of this project shall be undertaken pursuant to the following terms and
conditions:
1. The applicant shall comply with the mitigation measures issued as part of the
Determination of Non-Significance Mitigated, dated February 9, 2015.
This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to
the following:
1. The issuance of a license under the Shoreline Management Act of 1971 shall not release
the applicant from compliance with federal, state, and other permit requirements.
2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management
Act of 1971 in the event the permittee fails to comply with any condition(s} hereof.
3. Construction permits shall not be issued until twenty-one (21) days after approval by
the Washington State Department of Ecology or until any review proceedings initiated
within this twenty-one (21) day review period have been completed.
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: February 13, 2015
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, AICP, Planning Director
Department of Community & Economic Development
Shoreline Management Perm;t
LUA14-001181, ECF, SM
Page 13 of 14
Date
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made
directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within
the twenty-one (21) days of receipt of the final order and concurrently filing copies of such
request with the Washington State Department of Ecology and the Attorney General's office as
provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal
notices shall also be filed with the City of Renton Planning Division and the City Clerk's office.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the
decision be reopened by the approval body. The approval body may modify his decision if
material evidence not readily discoverable prior to the original decision is found or if he finds
there was misrepresentation of fact. After review of the reconsideration request, if the
approval body finds sufficient evidence to amend the original decision, there will be no further
extension of the appeal period. Any person wishing to take further action must file a formal
appeal within the 14-day appeal time frame.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized
by RCW 90.58.143 and subsection Jl of RMC 4-9-190, construction activities, or a use or
activity, for which a permit has been granted pursuant to this Master Program must be
commenced within two (2) years of the effective date of a shoreline permit, or the shoreline
permit shall terminate, and a new permit shall be necessary. However, the Planning Division
may authorize a single extension for a period not to exceed one year based on reasonable
factors, if a request for extension has been filed with the Planning Division before the
expiration date, and notice of the proposed extension is given to parties of record and the
Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF
CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be
issued, and foundation inspections must be completed before the end of the two (2) year
period.
Exhibits/ Attachments:
• DiCerchio Joint Use Pier Plan Sheet, Sheets Al.0 and A2.0, prepared by Ecco Design, dated revision
November 11, 2014.
• Planting Plan, prepared by Ecco Design
City of Renton Department of Community & Economic Development
DiCerchio Joint Use Residential Pier
DATE OF PERMIT: February 13, 2015
cc: Office of Attorney General
Karen Walter, Muckleshoot Indian Tribe Fisheries Dept.
Vanessa Dolbee, Current Planning Manager
Barbee Mill Community Organization; c/o Shirley Ely -Morris Management Inc
Richard DiCerchio/Owner
Barbee Mill Waterfront LLC/
Evan Wehr, Ecco Design Inc/Applicant/Contact
Patti Klink; Vivian Roach, DNR; Lynda Priddy, EPA/ Party(ies) of Record
Shoreline Management Permit
WA14-001181, ECF, SM
Page 14 of 14
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NOTE: EXISTING PLANTINGS
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RICHARD DICERCHIO
4005 WILLIAMS AVE N
-----4 SHORE PINE
---------.--· .--· .-,
------
PROPOSED PLANT COUNT
RED-FLOWERING CURRANT -11 TOTAL
NOOTKA ROSE -6 TOTAL
TALL OREGON GRAPE -6 TOTAL
SHORE PINE -4 TOTAL
--
•-------Denis Law c· f
_ _:May:.or ------~1~tr1,t91 t l
January 15, 2015
Evan Wehr
Ecco Design Inc
203 N 361h Street, #201
Seattle, WA 98103
SUBJECT: "Off Hold" Notice
Community & Economic Development Department
C.E."Chip"Vincent, Administrator
DiCerchio Joint Use Pier/ LUA14-001181
Dear Mr. Wehr:
The Planning Division of the City of Renton accepted the above master application for
review on September 17, 2014. During initial review, staff determined that additional
information was necessary in order to proceed further and you provided responses to
the Muckleshoot Indian Tribe environmental concerns and Washington State
Department of Archaeology & Historic Preservation November 25, 2014. Review of the
documents proceeded and staff received additional concerns from the Muckleshoot
Indian Tribe Fisheries Division on December 9, 2014 regarding proposed mitigation
plantings and evaluation of potential future dredging around the proposed pier.
Requested information was to be submitted by March 11, 2015.
Over the past month you have provided the requested information regarding the
outstanding Muckleshoot Division questions. You have additionally provided an
approval of the landscape plan by the homeowners association and an addendum to the
project biological evaluation that provides a determination of no-net-loss of ecological
function. The items you provided are listed below and provided as attachments to this
letter:
• Approved planting plan with four shore pine trees.
• December 15, 2014 response letter regarding Karen Walter's/Muckleshoot Tribe
Fisheries Division concerns about trees being part of the planting plan and
concern about potential future dredging around the proposed pier.
• December 17, 2014 addendum to the August 25, 2014 Biological Evaluation, with
evaluation of no-net-loss to ecological function and determination.
• January 7, 2015 email with the Barbee Mill homeowners' association landscape
approval.
Renton City Hall , 1055 South Grady Way , Renton, Washington 98057 • rentonwa.gov
Mr. Evan Wehr
Page 2 of 2
January 15, 2015
At this time, your project has been placed "off hold" so that we may continue the
review of the above subject application and proceed with the Environmental (SEPA)
Review of the project. Please contact me at (425) 430-6593 if you have any questions.
Sincerely,
~~ S·""' ...... ., ...,_
Kris Sorensen
Associate Planner
cc: Barbee Mill Waterfront LLC / Owner
Richard DiCerchio / Applicant
Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen Walter, Muckleshoot Tribe/
Party(ies) of Record
LAKE WASHINGTON
OHWM-
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NOTE: EXISTING PLANTINGS
ARE SHOWN IN GRAY,
PROPOSED PLANTINGS ARE IN
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-PROPOSED PIER
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SCALE 1" = 20'·0"
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CONCRETE
WALKWAY
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RICHARD DICERCHIO
4005 WILLIAMS AVE N
-----_ -4 SHORE PINE
--· --· --· --· --· -· .---·--·-
PROPOSED PLANT COUNT
RED·FLOWERING CURRANT • 11 TOTAL
NOOTKA ROSE -6 TOTAL
TALL OREGON GRAPE • 6 TOTAL
SHORE PINE -4 TOTAL
--·-
December 15, 2014
Kris Sorensen 1 Associale Planner
CED Planning Division
1055 S Grady Way
Renton. WA 98057
Re: DiCerchio Joint Lise Pier/ LUAl4-001 l81
Th,: following is a line item response to concerns from Karen Walter with the Mu.;kkshoot Indian Tribe listed in
a December I 0, 20 l 4 letter fn1m Kris Sorensen. Karen's concerns are listed in bold italics with our responses
below in plain text.
Evaluatio11 of native willows as part of the mitigation planting phm;
In addition to the Mucklcshoot Indian Tribe we have also received comments on the plantings from the
Snoqualmie l.ndian Tribe through the Army Corps of Engineers. TI1e Snoqualmie Tribe has requested that trees
be included in the planting plan. The Barbee Mill Community Organization (BBMCO) must approve of any
new plantings at the site. We have been in corresponding with the BBMCO to try and get them to allow a few
native trees to be planted at the site. When/if the BBMCO agree to allow trees to be planted at the site we will
notify both the Muckleshoot and Snoqualmie tribes through the Anny Corps of Engineers.
Evaluation of potentialfuture dredging to mailltain moornge at the proposed pier locatio11, ,vith evaluation
I!/' impacts to existing juvenile salmon shallow water habitat, and how dredging could be avoided.
Attached are aerial photo overlays of the May Creek delta from 2005, 2007, 2010, and 2013. While the delta
has expanded signific,mtly to the west and southwest it's expansion northward has been minimal. The proposed
location of the pier is as far away from the mouth of May Creek as is possible at the site. The water depth at the
proposed boat lifts is approximately lO'. Given that the current water depth is more than sufficient and that the
delta expansion northward has been minimal future dredging at the proposed pier should not be necessary. My
client is willing to agree that the pier be upproved with the condition that dredging not be allowed to maintain
moorage depth.
I hope that all of the ubove items have been addressed satisfactorily. Please feel free to contact me if you have
any questions, or if you require any additional infonnation.
Sincerely,
Evan Wehr
Ecco Design Inc.
:>06-706-3937
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ADDENDUM
December 17"'. 2014
521 Snagstead Way
Port Townsend WA 98368
For: DiCerchio/ Barbee Mill Waterfront LLC Joint-Use Pier Project
4005 Williams Ave. N. Renton, WA 98056
Case# • Biological Evaluation Dated August 25'', 2014
Proposed Mitigation Planting
In order to enhance the habitat in the area of the proposed pier, mitigation planting of native plant
species is proposed. For this project a total of nine Nootka Roses, nine Tall Oregon Grape. and thirteen
Red-Flowering Currants are proposed to be plant in the project area (see attached drawings). Planting of
the native plant species listed above will enhance the habitat and provide additional ecological values and
functions to the project site.
Net-Loss Determination
As stated in the original Biological Evaluation (BE) document the determination of effects for
ESA species in the area are provided below:
1. Puget Sound Chinook -·'May affect, not likely to adversely affect"
2. Bull Trout -"May affect, not likely to adversely affect"
3. Puget Sound Steelhead -"May affect, not likely to adversely affect"
4. Marbled Murrelet-"No effect"
All measures have been taken to avoid and minimize potential impacts resulting from the
proposed project (see BE). In consideration of the unlikely impact to ESA species as well as the proposed
mitigation planting suggested above to enhance the habitat, we determine that no-net-loss of ecological
function will result from this project"s unavoidable impacts due to its' water dependent use. Additionally
we believe that this project reflects the goal of the Shoreline Master Program by balancing access to the
environment with the protection of that environment.
Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us
if you have any questions or comments.
Sincerely,
Nam Siu
Marine Biologist and Project Manager
Marine Surveys & Assessments
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From:
Sent:
To:
Subject:
Hi Kris,
Evan Wehr <evan@eccodesigninc.com>
Wednesday, January 07, 2015 11:29 AM
Kris Sorensen
Fw: Fwd: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines
Attached is the email approval from the BBMCO of the four proposed shore pines for Richard DiCerchio.
Thank you,
Architecture & Design
203 N 36th Ste. 201
Seattle, WA 98103
206. 706.3937
Facebook Houzz
-----Forwarded Message -----
From: Richard DiCerchio <rdicerchio@live.com>
To: Evan Wehr <evan@eccodesigninc.com>
Sent: Friday, December 26, 2014 2:43 PM
Subject: Fwd: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines
What is the next step?
Sent from my iPad
Begin forwarded message:
From: Shirley Ely <SE1y@morrismanagement.com>
Date: December 26, 2014 at 1 :27:34 PM PST
To: Richard <rdicerchio@live.com>
Subject: Barbee Mill ACC Landscape Request-Lot 48 Shore Pines
Hello there Dick!
I Just received the decision of the committee and Board regarding your landscape ACC request.
They have approved contingent upon keeping the height of the plantings at or below 15 feet.
I hope that will work for you and that you and yours have a wonderlul weekend'.
Warmest regards.
,Sh,rle,1 E:__ly, ..-'\RM. Cf'M, CHCA. AMS, f'CAM
A:;;sociation Mar1<'.:1ger
Morri s Managem ent, In c., AAM C
425 -283-5858. ex t. 119
www .mo rr ismanagement.com
From : Richard (mai lto: rd ice rc hio @li ve.com]
Sent: Monday, December 22, 2014 11 :06 AM
To: Shirley E ly
Subject: Fw: Shore Pine s
If you have any questions, please contact me.
From: Richard
Sent: Fri day, December 19, 2014 5:31 PM
To: Eva n W eh r
The proposed trees will not be in the view corridor regardless of their height.
The first one is a view from the front of our house North .
The second , third and forth ones are of the area where the new trees are planning to
go.
The fifth one is from the front of our house showing the view corridor to the water.
the area of the proposed plants is impossible to be seen .
Also , the planting area is 15 feet below the driveway.
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Evan Wehr
Ecco Design Inc.
203 N 36th St, #201
Seattle, WA 98103
BARBEE MILL WATERFRONT LLC
846 108th AVE NE
Bellevue, WA 98004
Richard DiCerchio
4005 Williams Ave N
Renton, WA 98057
City o ton Department of Community & Economic ,1opment
GREEN FOLDER NOTIFICATION OF rrEV/EW
REVIEWING DEPARTMENT: PROPERTY SERVICES COMMENTS DUE: DECEMBER 9, 2014
APPLICATION NO: LUA14-001181, ECF, SM DATE CIRCULATED: NOVEMBER 25, 2014
APPLICANT: Barbee Mill Waterfront, LLC PROJECT MANAGER: Kris Sorensen
PROJECT TITLE: DiCerchio Pier PROJECT REVIEWER:
SITE AREA: 6,592 square feet EXISTING BLDG AREA (gross):
LOCATION: 4005 & 4011 Williams Ave N PROPOSED BLDG AREA (gross)
SUMMARY OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial
Development Permit for the construction of an 80-foot long joint use dock, one translucent canopy, two mooring piles, and two
free-standing boat lifts in association with two attached residential units on the shore of Lake Washington, a Shoreline of
Statewide Significance. The proposed project site encompasses two lots (10,756 and 6,592 square feet) for a total area of 17,348
square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to
be installed by a barge-mounted vibratory pile driver. Two steel mooring piles would also be driven. To support the landward
section of the dock, two steel pin piles would be driven. Twenty-two native shrubs would be planted along the shoreline.
A. ENVIRONMENTAL IMPACT
Element of the Environment Element of the Environment
Earth Housino
Air Aesthetics
Water Uaht/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Tronsoortation
Environmental Health Public Services
Energy/ Historic/Cultural Preservation
Natural Resources
Airport Environment
10,000Feet
14,000Feet
Where to enter your comments: Manage Mv Reviews
Which type of comments are entered:
Recommendation: Comments that impact the project including any of the Enviranemental Impacts above.
Correction: Corrections to the project that need to made before the review can be completed and/or requesting
submittal of additional documentation and/or re submittal of existing documentation.
What Status should be used: . /
Reviewed-I have reviewed the project and have no comments.
Reviewed with comments -I have reviewed the project and I have comments entered in Recommendations.
Correction/Resubmit-I have reviewed the project and the applicant needs to submit and/or resubmit documentation
and I have added corrections in Corrections.
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Denis Law
Mayor
December 10, 2014
Evan Wehr
Ecco Design Inc
203 N 35th Street, #201
Seattle, WA 98103
SUBJECT: "On Hold" Notice
·· City of r --~.-·.· ... ···r;·r·t('f r l ~ ..._,,....__,,,-,-_., . ...,,,,,. U·
Community & Economic Development Department
C.E."Chip"Vincent, Administrator
DiCerchio Joint Use Pier/ LUA14-001181
Dear Mr. Wehr:
The Planning Division of the City of Renton accepted the above master application for
review on September 17, 2014. During our review, staff determined that additional
information was necessary in order to proceed further. Specifically, city staff requested
that you. provide responses to the Muckleshoot Indian Tribe environmental concerns
and Washington State Department of Archaeology & Historic. Preservation by January 5,
2015. You provided the requested information and staff sent your responses to
reviewing agencies on November 25, 2014 and provided the agencies two weeks for
review.
Staff received additional concerns from the Muckleshoot Indian Tribe Fisheries Division
on December 9, 2014. The following information will need to be submitted before
March 11, 2015 so that we may continue the review of the above subject application
and proceed with the Environmental (SEPA} Review of the project:
• A line item response to the Muckleshoot Indian Tribe Fisheries Division
environmental concerns below;
o Evaluation of native willows as part of the mitigation planting plan;
· o Evaluation of potential future dredging to maintain moorage at the
proposed pier location, with evaluation of impacts to existing juvenile
salmon shallow water habitat, and how dredging could be avoided.
We recommend consultation with the concerned Tribes as part of this process. Please
note that the responses requested should be prepared by a qualified consultant.
At this time, your project has been placed "on hold" pending receipt of the requested
information. Please contact me at (425) 430-6593 if you have any questions.
Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 , rentonwa.gov
•
Sincerely, .
~$ ~.._ •c,,1· '"""
Kris Sorensen
Associate Planner
cc: Barbee Mill Waterfront LLC / Owner
Richard DiCerchio / Applicant
Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen. Walter, Muckleshoot Tribe/
Party(ies) .of Record
Denis Law
Mayor
November 25, 2014
Evan Wehr
Ecco Design Inc
203 N 36'" Street, #201
Seattle, WA 98103
SUBJECT: "Off Hold" Notice
City of "
Community & Economic Development Department
CE. "Chip"Vincent, Administrator
OiCerchio Joint Use Pier/ LUA14-001181
Dear Mr. Wehr:
The Planning Division of the City of Renton accepted the above master application for
review on September 17, 2014. During our review, staff determined that additional
information was necessary in order to proceed further as noted in the project on-hold
letter sent to you dated October 6, 2014. Specifically a response to the Muckleshoot
Indian Tribe Fisheries Division and response to the survey for Department of
Archaeology & Historic Preservation (DAHP) were needed. On November 13, 2014 you
submitted responses and updated information as listed below:
• Response to Muckleshoot Tribes concerns including design of dock, proposed
canopy cover, and proposed mitigation plantings;
• An updated letter from DAHP, Gretchen Kaehler, dated November 6, 2014 that
requires an inadvertent discovery plan to be implemented for the project and
not a more extensive assessment as initially required;
" Updated Project Site Plan, Elevation, and General Information on sheet Al.O
dated November 11, 2014 by Ecco Design; and an
" Updated Plan View, Section Detail, and Planting Plan on sheet A2.0 dated
November 11, 2014 by Ecco Design.
The submitted information is being sent for a two week review period by interested
parties and public agencies. Following the review period, the above information will
allow the continued review of the subject application and for the project to proceed
with required Environmental (SEPA) Review.
Please contact me at (425) 430-6593 if you have any questions.
Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov
Sincerely,
~t 4"" M .f *"""
Kris Sorensen
Associate Planner
cc: Barbee Mill Waterfront LLC / Owner
Richard DiCerchio / Applica.nt
Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen Walter, Muck!eshoot Tribe/
Party(ies) of Record
Enclosures
Evan Wehr
Ecco Design Inc.
203 N 36th St, #201
Seattle, WA 98103
BARBEE MILL WATERFRONT LLC
846 108th AVE NE
BELLEVUE, WA 98004
Richard DiCerchio
4005 Williams Ave N
Renton, WA 98057
November 11, 2014
Kris Sorensen, Planner
CED Planning Division
1055 S Grady Way
Renton, WA 98057
Re: DiCerchio Joint Use Pier I LUA14-00l 181
The following is a response to comments in an email from Karen Walter with the Muckleshoot Indian Tribe dated
October I, 2014.
The proposed design for the project is the one on sheet A2.0. The application with the Army Corps of
Engineers has been revised to this design without the ell. The location of the lifts has been revised to be in
deeper water.
The canopy is no longer being proposed and has been removed from the revised plans.
The proposed planting locations have been revised to be denser and closer to the ordinary high water mark.
Additional shrubs have been added to the planting plan in the revised drawings. The existing willows have not
had a chance to mature yet and my client would prefer to not add additional willows.
I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have
any questions, or if you require any additional information.
Sincerely,
Evan Wehr
Ecco Design Inc.
206-706-3937
November 11, 2014
Kris Sorensen, Planner
CED Planning Division
1055 S Grady Way
Renton, WA 98057
Re: DiCerchio Joint Use Pier/ LUA14-001181
Attached is a letter from Gretchen Kaehler with the Department of Archaeology and Historic Preservation stating
that an archaeological survey is not necessary from the project and that an inadvertent discovery plan should be
implemented for the project. I have included the inadvertent discovery plan provide by Gretchen that will be used
for the project.
I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have
any questions, or if you require any additional information.
Sincerely,
Evan Wehr
Ecco Design Inc.
206-706-3937
November 6, 2014
Kris Sorenson
Assistant Planner
City of Renton
Sixth Floor Renton City Hall
I 055 S Grady Way
Renton, WA 98057
In future correspondence please refer to:
Log: 100!14-IO-Kl
Property: LUAl4-000l 181, ECF, SM DiCerchio Pier
Allyson Brooks Ph.D., Director
State Historic Preservation Officer
Re: Archaeology-Rescind Request for Survey. Please add attach Inadvertent Discovery Plan
to Permit
Dear Ms. Sorenson:
Thank you for contacting the Washington State Department of Archaeology and Historic Preservation
(DAHP). We have reviewed plans for construction of the DiCerchio Pier. Given the amount and location
(filled area) of ground disturbance a professional archaeological survey is not necessary and would
probably not be useful. In our opinion the project may proceed with the attached inadvertent discovery
plan.
Thank you for the opportunity to review and comment.
Sincerely,
Gretchen Kaehler
Local Governments Archaeologist
(360) 586-3088
gretchen.kaehle6i dahp. \Va.gov
cc. Laura Murphy, Archaeologist, Muckleshoot Tribe
Cecile Hansen. Chair, Duwamish Tribe
Dennis Lewarch, THPO, Suquamish Tribe
State of Washington • Department al Archaeology & Historic Preservation
P.O. Box 48343 • Olympia. Washington 98504-8343 • (360) 586-3065
www.dahp.wa.gov
Inadvertent Archaeological and Historic Resources Discovery Plan for King County
In the event that any ground-disturbing activities or other project activities related to this
development or in any future development uncover protected cultural material (e.g., bones, shell,
antler, horn or stone tools), the following actions will be taken:
1. When an unanticipated discovery of protected cultural material (see definitions below) occurs, the
property owner or contractor will completely secure the location and contact:
a. The property owner and project manager;
b. A professional archaeologist;
c. The Department of Archaeology and Historic Preservation (DAHP) (Gretchen Kaehler, 360-586-
3088, 360-628-2755 cell);
d. The Muckleshoot Indian Tribe Co (Laura Murphy, Archaeologist, 253-876-3272);
e. The Duwamish Tribe (Cecile Hansen, Chair, 206-431-1582)
f. Suquamish Tribe, Dennis Lewarch, THPO (360-394-8529), and Steven Mullen-Moses, Cultural
Resources, Snoqualmie Tribe (360-652-7362)
2. If the discovery is human remains, the property owner or contractor will stop work in and adjacent
to the discovery, completely secure the work area by moving the land-altering equipment to a
reasonable distance, and will immediately contact:
a. The property owner;
b. The Kin County Sheriffs Department (425-556-2500) and;
c. The King County Coroner, Richard Harruff (206-731-3232) to determine if the remains are
forensic in nature;
d. If the remains arc not forensic in nature the Department of Archaeology and Historic Preservation
(DAHP) (Gretchen Kaehler 360-586-3088 and Guy Tasa 360-586-3534); will take the lead on
determining the appropriate method of treatment for the remains and will consult with the affected
tribes;
3. Cultural material that may be protected by law could include but is not limited to:
a. Buried layers of black soil with layers of shell, charcoal, and fish and mammal bones (Figure 1).
b. Non-natural sediment or stone deposits that may be related to activity areas of people;
c. Stone, bone, shell, horn, or antler tools that may include projectile points (arrowheads),scrapers,
cutting tools, wood working wedges or axes, and grinding stones (Figures 2 and 3);
d. Stone tools or stone flakes (Figures 2 and 3);
e. Buried cobbles that may indicate a hearth feature (Figure 4 );
f. Old ceramic pieces, metal pieces, tools and bottles (Figures 5 and 6); and
g. Perennially damp areas may have preservation conditions that allow for remnants of wood and
other plant fibers; in these locations there may be remains including:
• Fragments of basketry, weaving, wood tools, or carved pieces; and
• Human remains.
1
4. COMPLIANCE WITH ALL APPLICABLE LAWS PERTAfN ING TO ARCHAEOLOG ICAL
RESOURCES (RCW 27 .53, 27.44 and WAC 25-48) AND WITH HUMAN REMAINS (RCW
68.50) IS REQU IRED. FA ILURE TO COMPLY WITH THESE REQU IREME TS COULD
RESULT IN A MISDEMEANOR AND POSSIBLE CIVIL PENAL TIES AND /OR CONST ITUTE
A CLASS C FELONY.
Figure l : She ll midden
2
Figure 2: Exa mpl e o f sto ne too ls
3
Figure 3: Exa m pie of st one fl ake .
4
Figure 4: Example of hearth (oven) feat ur e.
5
Figure 5: Examp le of hi storic artifacts from debri s scatter.
Figure 6: Exampl e o f bott le from hi s toric debris dump.
6
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Denis Law
Mayor
October 6, 2014
Evan Wehr
Ecco Design Inc
203 N 361h Street, #201
Seattle, WA 98103
SUBJECT: "On Hold" Notice
-----
r Cityof •
_! 3· r rrn· rJ
Community & Economic Development Department
C.E."Chip"Vincent, Administrator
DiCerchio Joint Use Pier/ LUA14-001181
Dear Mr. Wehr:
The Planning Division of the City of Renton accepted the above master application for
review on September 17, 2014. During our review, staffhas determined that additional
information is necessary in order to proceed further. Specifically, we received
comments from Washington State Department of Archaeology & Historic Preservation
(DAHP) and the Muckleshoot Indian Tribe Fisheries Division. Copies of this
correspondence are enclosed.
The following information will need to be submitted before January S, 2014 so that we
may continue the review of the above subject application and proceed with the
Environmental (SEPA) Review ofthe project:
• A professional archaeological survey of the project area in response to DAHP
concerns that is provided to DAHP and the interested Tribes; and
• A line item response to the Muckleshoot Indian Tribe Fisheries Division
environmental concerns;
We recommend consultation with the concerned Tribes as part of this process. Please
note thatthe responses requested should be prepared by a qualified consultant.
At this time, your project has been placed "on hold" pending receipt of the requested
information. Please contact me at (425) 430-6593 if you have any questions.
Sincerely,
~t d' ........ ·---
Kris Sorensen
Associate Planner
Renton City Hall , 1055 South Grady Way , Renton, Washington 98057 , rentonwa.gov
cc: Barbee Mill-waterfront LLC / Owner
Richard DiCerchio / Applicant
Gretchen Kaehler, Department of Archaeology & Historic Preservation; Karen Walter, Muckleshoot Tribe/
Party(ies) of Record
Enclosures
October I, 2014
Ms. Kris Sorenson
Assistant Planner
City of Renton
Sixth Floor Renton City Hall
1055 S Grady Way
Renton, WA 98057
In future correspondence please refer to:
Log: 100114-10-KI
Property: LUA14-0001181, ECF, SM DiCerchio Pier
Re: Archaeology -Survey Requested
Dear Ms. Sorenson:
We have reviewed the materials forwarded to our office for the proposed project referenced above. The
area has a high potential for archaeological resources. There is documentary evidence of a precontact
Duwamish Village near the mouth of May Creek which Further, the scale of the proposed ground
disturbing actions would destroy any archaeological which is near the project area An archaeological
evaluation of a a nearby project stated that the ethnographic village probably was within the residential
portion of the current project area. Identification during construction is not a recommended detection
method because inadvertent discoveries often result in costly construction delays and damage to the
resource. Therefore, we request a professional archaeological survey of the project area be conducted
prior to ground disturbing activities. The completed archaeological survey should be forwarded to DAHP
and the interested Tribes prior to any construction. We also recommend consultation with the concerned
Tribes' cultural committees and staff regarding cultural resource issues.
If any federal funds or permits are involved Section I 06 of the National Historic Preservation Act, as
amended, and its implementing regulations, 36CFR800, must be followed. This is a separate process
from SEPA and requires formal government-to-government consultation with the affected Tribes and this
agency. We would appreciate receiving any correspondence or comments from concerned tribes or other
parties concerning cultural resource issues that you receive.
1
Kris Sorensen
From:
Sent:
To:
Cc:
Subject:
Attachments:
Kris,
Karen Walter < KWalter@muckleshoot.nsn.us>
Wednesday, October 01, 2014 11:08 AM
Kris Sorensen
Christa Heller
FW: City of Renton SEPA (DNSM) Notice of Application -DiCerchio Pier LUA14-001181,
ECF, SM
imageOOljpg; ERC Checklist & Siteplan 14-001181.pdf; DiCerchio Pier -Biological
Evaluation Lake and Stream Study 14-001181.pdf; DiCerchio Pier Landscape Plan
14-001181.pdf; DiCerchio Pier Notice of Application DNSM 14-0001181.pdf
We have reviewed the proposed DNSM/Notice of Application for the DiCerchio Pier project referenced above. We
have some questions and comments as noted below:
In the attachments above, there are two different pier designs shown for this joint use project (one by Ecco Design;
Sheet A2.0 and on shown on Sheet 2 of JARPA drawings). Which design is proposed for this project? The JARPA drawing
"L" shape design places the two boatlifts out to deeper water compared to the Ecco Design version and would be
preferred given the water depths in the area (less than 15') and proximity to May Creek.
Are there more details about the proposed translucent boat canopy?
The propose mitigation planting plan is inadequate. While there are no as-built drawings for the existing plants (and
there should be from the plat requirements), what is shown in the photos from the BE/Lake Study is a low density and
low growing shrubs and ground covers and insufficient to create a functional shoreline buffer. The proposed 22 new
plants over the two parcels is inadequate to provide sufficient densities and the plant species are limited in providing
overhanging function preferred by juvenile Chinook. More native willows should be added to the design and planted
between the two sets of two willows proposed on Sheet 7 of the JAPRA drawing packet.
We appreciate the opportunity to review this project and look forward to the City's responses.
Thank you,
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division Habitat Program
39015 172nd Ave SE
Auburn, WA 98092
253-875-3115
From: Sabrina Mirante [SMirante@Rentonwa.gov]
Sent: Wednesday, September 17, 2014 3:25 PM
To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy
Cc: Kris Sorensen
Subject: City of Renton SEPA (DNSM) Notice of Application -DiCerchio Pier LUA14-001181, ECF, SM
NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF Non-significance-mitigated (dns-M)
1
Requested Studies: Biological Assessment, Stream/Lake Study
Location where application may
be reviewed: Department of Community & Economic Development (CED) -Planning
Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057
CONSISTENCY OVERVIEW:
Zoning/Land Use: The subject site is designated COMP-RMD on the City of Renton
Comprehensive Land Use Map and R-10 on the City's Zoning Map.
Environmental Documents that
Evaluate the Proposed Project: Environmental (SEPA) Checklist, Lake Study and Biological Assessment
Development Regulations
Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline
Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and
regulations as appropriate.
Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed
project. These recommended Mitigation Measures address project impacts not covered by existing codes and
regulations as cited above:
Follow construction sequencing and work window as recommended in the
submitted biological evaluation/lake study.
Comments on the above application must be submitted in writing to Kris Sorensen,, CED -Planning Division, 1055 South
Grady Way, Renton, WA 98057, by 5:00 PM on October 1, 2014. If you have questions about this proposal, or wish to be
made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits
written comments will automatically become a party of record and will be notified of any decision on this project. A
copy of the subsequent threshold determination is available upon request.
CONTACT PERSON: Kris Sorensen,; Tel: (425) 430-6593; Eml: ksorensen@rentonwa.gov
3
Kris Sorensen
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hi Kris,
Kaehler, Gretchen (DAHP) <Gretchen.Kaehler@DAHP.wa.gov>
Wednesday, October 01, 2014 2:53 PM
Kris Sorensen
DTS@qwestoffice.net; Dennis Lewarch; 'laura.murphy@muckleshoot.nsn.us'
(laura.murphy@muckleshoot.nsn.us)
Re: LUA14-0001181, ECF, SM DiCerchio Pier
100114-10-KI_LUA14-0001181, ECF, SM DeCerchio Pier.pd/
Please see attached for this project. Please feel free to contact me if you have any questions.
Thank you,
Gretchen
Gretchen Kaehler
Assistant State Archaeologist, Local Governments
Department of Archaeology and Historic Preservation
Olympia
Ph:360-586-3088
Cell:360-628-2755
1
City of ,,_,,ton Department of Community & Economic __ .t .opment
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: COMMUNITY SERVICES COMMENTS DUE: OCTOBER 1, 2014
APPLICATION NO: LUA14-001181, ECF, SM DATE CIRCULATED: SEPTEMBER 17, 2014
APPLICANT: BARBEE MILL WATERFRONT, LLC PROJECT MANAGER: KRIS SORENSEN
PROJECT TITLE: Di(erchio Pier PROJECT REVIEWER:
SITE AREA: 6,592 square feet EXISTING BLDG AREA {gross):
LOCATION: 4005 & 4011 Williams Ave N PROPOSED BLDG AREA {gross)
SUMMARY OF PROPOSAL: The applicant is requesting Environmental {SEPA) Review and approval of a Shoreline Substantial
Development Permit for the construction of an BO-foot long joint use dock, one translucent canopy, two mooring piles, and two
free-standing boat lifts in association with two attached residential units on the shore of Lake Washington, a Shoreline of
Statewide Significance. The proposed project site encompasses two lots {10,756 and 6,592 square feet) for a total area of 17,348
square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to
be installed by a barge-mounted vibratory pile driver. Two steel mooring piles would also be driven. To support the landward
section of the dock, two steel pin piles would be driven. Twenty-two native shrubs would be planted along the shoreline.
A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS
Element of the Probable Probable More
Environment Minor Major Information
lmpacts Impacts Necessary
Element of the Probable Probable More
Environment Minor Major Information
Impacts Impacts Necessary
Earth Housina
Air Aesthetics
Water Liaht/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transoortotion
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POL/CY-RELATED COMMENTS
C. COJ'f-RELATED COMMENTS _ .h h O ~
:t:brl< Ct:ze IV!! ~El UJ. ,Td./}f:0.
We have reviewed this applicat,on w,th part,cular attention to those areas m which we have expertise and have 1dentif1ed areas of probable impact
or areas where additional informa · n s needed to properly assess this proposal.
Signature of Director or Authorized Representative
1-is--tf
Date
,
Agencies
Barbee Mill Waterfront, LLC
Evan Wehr, Ecco Design
300' Surrounding Property Owners
(Signature of Sender):
STATE OF WASHINGTON
COUNTY OF KING
) ) ss-
)
See Attached
Owner
Contact
See Attached
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I certify that I know or have satisfactory evidence that Sabrina Mirante · ·. , . :..isHiNG"IO,.
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses ahd-purj)Clses
mentioned in the instrument.
Dated:
Notary (Print): ___ ----'lfoLJ.£1J(..,/"j-,!---·_,,-p_,tJ:WC<.J<><esa(.,,;,;[J'1-'----------
My appointment expires: ~jls~ d qr J.DrJf
DiCerchio Pier
LUA14-001181, ECF, SM
template . affidavit of service by mailing
3342700007
BARBE( FOREST PRODUCTS INC
PO BOX,359
RENTON, WA 98057
518500470
BARBEE MILL WATERFRONT LLC
555 S RENTON VILLAGE $570 PL
RENTON, WA 98057
518500370
BEEM GARY+BRENDA
4119 WILLIAMS AVE N
RENTON, WA 98056
518500380
DAWSON MARTHA J+CORBELL RON
4113 WILLIAMS AVE N
RENTON, WA 98056
518500400
KAMPEL ELLEN+GOODMAN HOWARD
4101 WILLIAMS AVE N
RENTON, WA 98056
3224059005
KING COUNTY-PARKS
500 4TH AVE #830
SEATILE, WA 98104
518501030
RESHAUR LISA
4053 WELLS AVE N
RENTON, WA 98056
518501150
THE LAKE HOUSES AT EAGLE CO
PO BOX 359
RENTON, WA 98057
518500450
BARBEE MILL WATERFRONT LLC
555 S RENTON VILLAGE $570 PL
RENTON, WA 98057
518500480
BARBEE MILL WATERFRONT LLC
555 S RENTON VILLAGE $570 PL
RENTON, WA 98057
518500410
BITNEY JONELL M+WILSON FARR
4063 WILLIAMS AVE N
RENTON, WA 98056
518501010
FRAGNOLI DELLANIE P+COLLINS
4027 WELLS AVE N
RENTON, WA 98056
518500390
KESKAR DINESH A+MEDHA D
4107 WILLIAMS AVE N
RENTON, WA 98056
518500990
MITCHELL MARVIN J+MARY M
4015 WELLS AVE N
RENTON, WA 98056
518501050
SMITH FRED E+PATRICIAA
4065 WELLS AVE N
RENTON, WA 98056
518501040
THRAMER THOMAS J+NANCY S
4059 WELLS AVE N
RENTON, WA 98056
518500460
BARBEE MILL WATERFRONT LLC
555 S RENTON VILLAGE $570 PL
RENTON, WA 98057
518501060
BARRANS-STENHOUSE CARLA J
4071 WELLS AVE N
RENTON, WA 98056
518500430
BOHLING ALAN W+NANCY A
4051 WILLIAMS AVE N
RENTON, WA 98056
518500420
JOOS DESNEE M
4057 WILLIAMS AVE N
RENTON, WA 98056
518501020
KINDRA BALBIR S+RANI K
4033 WELLS AVE N
RENTON, WA 98056
518501000
OYER RONALD D+HENRIETIA S
4021 WELLS AVE N
RENTON, WA 98056
3342700005
THE LAKE HOUSES AT EAGLE CO
PO BOX 359
RENTON, WA 98057
518500440
WU CHARLES L+ELAINE L
4029 WILLIAMS AVE N
RENTON, WA 98056
•
Olympia, WA 98504-7015
K(..Av. & Environmental Serv. City of Newcastle City of Kent
Attn: SEPA Section Attn: Tim McHarg Jack Pace
35030 SE Douglas St. #210 Director of Community Development __ ,,,g Community Dev. Director
Snoqualmie, WA 98065 12835 Newcastle Way, Ste 200 220 Fourth Avenue South
Newcastle, WA 98056 Kent, WA 98032-5895
Metro Transit Puget Sound Energy City of Tukwila
·senior Environmental Planner Kathy Johnson, Steve Lancaster, Responsible Official
Gary Kriedt 355 1101h Ave NE 6200 Southcenter Blvd.
201 South Jackson Street KSC-TR-0431 Mailstop EST llW Tukwila, WA 98188
Seattle, WA 98104-3856 Bellevue, WA 98004
Seattle Public Utilities
Jailaine Madura
Attn: SEPA Coordinator
700 Fifth Avenue, Suite 4900
PO Box 34018
Seattle, WA 98124-4018
*Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities
will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of
Application.
**Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to
the following email address; sepaunit@ecy.wa.gov
***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT,
& Notice the following email address: sepacenter@dnr.wa.gov
Barbara Nightingale
State Department of Ecology
NW Regional Office
3190 160th Avenue SE
Bellevue, WA 98008-5452
template -affidavit of service by mailing
Office of Attorney General
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
Evan Wehr,
Ecco Design Inc.
203 N 36th St, #201
Seattle, WA 98103
BARBEE MILL WATERFRONT LLC
846 108th AVE NE
BELLEVUE, WA 98004
Richard DiCerchio
4005 Williams Ave N
Renton, WA 98057
~-==::i.-::.:::-.. -.......
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onlh"~"'Je,;1./t,opy.,(tll<,ut,,eq....t-d<""";r,om,:=:==!>enatfflodot•nf~
CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 43!Hj593-Eml·
ksorensen@rentonwa.gov ' ·
I Pl£ASE INQUDETIIE PROJECT NUMBER WHEN CAWNG FOR PROPER FILE IDENTIFICATION I
NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF
NON-SIGNIFICANCE-MITIGATED (DNS-M)
/t,_,...~ ..... --.,,<1-·!>tod-lt,otr.p,rtmontotc.,m,,,u,,lq-l.-"'°"""..,.,..... (CEDI-Plamml Dlwlslonofthfotyal-Thot1,ll-',,cb!ldy-1t,o.opplloltlon0fldthl ---· D/tl!:OFNanaOfl.PPUCllTION: $epll<noor17,l010
J'IU)JECl"!:JESOIF'T1<)N, The applanl ;,, 'e<l<>Ulirol ~·-(SEP/'-) -and ,ppwnl of I
5ho"l""' SIJmtonlW (lew,lopmen1: Perm~ Jor thf co.....-n af ~ 80--io<"C ),>int,.,,. clod<, °"" ll"IOWC<'nl
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~CAl!TfPIIOllcrtoNTt.er~ Ev>nWoN"/-_..,...1<£/203N31i9st.-2!!1/5uftl<,W'--•
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Hyw .,,,wd w.. to bo ..-• Plr"IV or ~nl to ""'1IIY'I furtt>,r 1nfo,m>tbn on th~ pro,,o..-1 pro)e<!. rnrnpln< thi>
l<lnn ind mum to, Ot\f ol ~""""' CED -PO\nn;na DM<lon. lll5S ,io. Gr.lot, WI"(. """"'"· W'-980',1 ·
N>IM/l'llO "°" OIC«<hio P"oc</Wl.1+0011$1, EO,Sl>I
"""'E'----------------------
1,\JjUNGAllc>IIDS ___________ aty{Stollo/ZIP'--------
lEL.EPtiD~EtfD.. _________ _
CERTIFICATION
I, Vl ) s·o ruV\,S&i'\ereby certify that IL copies of the above document
were posted in conspicuous places or nearby the described property on
Date:1 !J % frlf Signed:'k~,, ~-r r + ,~
STATE OF WASHINGTON
ss
COUNTY OF KING
I certify that I know or have satisfactory evidence that 'K r ,< 5or eo sec,
signed this instrument and acknowledged it to be his/her/their free and voluntary act for the
uses and purposes mentioned in the instrument.
ublic in and for the State of Washington
Notary (Print):
September 17, 2014
Ev.a11 Weht ·
Ecco Design, Inc
· 203 N 36 1h St., Ste. 201
Seattle, WA. 9$103
Community & Economic Development Department
CE. 'Chip'Vincerit, Administrator
Subject: · Notice of Complete Application
DiCerchio Pier, LUA14-001181, ECF, SM
Dear Mr .. Wehr:
The Planning Division ofthe City of Renton has detennined thatthe subject application.
is complete according to submittal requirements and, there{ore, is accepted for review.
.. . . . . : . ' '
It is t~ntativelyscheduled for consideration by the Environmental Review Committee oh
· Octob.er 1, 2014. Prior to.that review, you will be notified if any additional information · ·
is required to contipue p(ocessing your application. . . . .
· · Please contact me at (425) 430-6593 if you have any questions .... -' ' . . .
Sincerely, . ·
Kris Sorens.en ..
Associate Planner •.
cc: . Bartie~·Mill Wa\erfro~t. LlC / Oivner(s)
.Re.nton City Hall .1Qss South.GiadyWay , Renton,Washington 9805T , rentonwa.gov
,
NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF
NON-SIGNIFICANCE-MITIGATED (DNS-M)
A Master Application has been filed and accepted with the Department of Community & Economic Development
[CED) -Planning Division of the City of Renton. The following briefly describes the application and the necessary
Public Approvals.
DATE OF NOTICE OF APPLICATION:
LAND USE NUMBER:
PROJECT NAME:
September 17, 2014
LUA14-0001181, ECF, SM
DiCerchio Pier
PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA} Review and approval of a
Shoreline Substantial Development Permit for the construction of an 80-foot long joint use dock, one translucent
canopy, two mooring piles, and two free-standing boat lifts in association with two attached residential units on the
shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots
{10,756 and 6,592 square feet) for a total area of 17,348 square feet in the R~lo zone. Construction materials would be
transported to the site by barge. Eight steel piles are proposed to be installed by a barge-mounted vibratory pile driver.
Two steel mooring piles would also be driven. To support the landward section of the dock, two steel pin piles would be
driven. Twenty-two native shrubs would be planted along the shoreline.
PROJECT LOCATION: 4005 & 4011 Williams Ave N
OPTIONAL OITTRMINATION OF NON-SIGNIFICANCE, MITIGATED (ONS-M): As the Lead Agency, the City of Renton has
determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as
permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS-M process to give notice that a
DNS-M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single
comment period. There will be no comment period following the issuance of the Threshold Determination of Non-
Significance-Mitigated (DNS-M}. This may be the only opportunity to comment on the environmental impacts of the
proposal. A 14-day appeal period will follow the issuance of the DNS-M.
PERMIT APPLICATION DATE:
NOTICE OF COMPLETE APPLICATION:
August 28, 2014
September 17, 2014
APPLICANT/PROJECT CONTACT PERSON: Evan Wehr/Ecco Design, Inc./ 203 N 36th St, Ste. 201/ Seattle, WA
98103
Permits/Review Requested:
Other Permits which may be required:
Requested Studies:
location where application may
be reviewed:
Environmental (SEPA) Review, Shoreline Substantial Development
Building Permit
Biological Assessment, Stream/Lake Study
Department of Community & Economic Development (CED}-Planning
Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA
980S7
If you would like to be made a party of record to receive further information on this proposed project, complete this
form and return to: City of Renton, CED-Planning Division, 1055 So. Grady Way, Renton, WA 98057.
Name/File No.: DiCerchio Pier/ LUA14-001181, ECF, SM
NAME:----------------------------------
MAILING ADDRESS: ________________ City/State/Zip: __________ _
TELEPHONE NO.: ---------------
...
CONSISTENCY OVERVIEW:
Zoning/Land Use:
Environmental Documents that
Evaluate the Proposed Project:
Development Regulations
Used For Project Mitigation:
Proposed Mitigation Measures:
The subject site is designated COMP-RMD on the City of Renton Comprehensive
Land Use Map and R-10 on the City's Zoning Map.
Environmental (SEPA) Checklist, Lake Study and Biological Assessment
The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline
Master Program Regulations; 4-9-070 Environmental Review; 4-9-190
Shoreline Permits and other applicable codes and regulations as appropriate.
The following Mitigation Measures will likely be imposed on the proposed
project. These recommended Mitigation Measures address project impacts not
covered by existing codes and regulations as cited above:
Follow construction sequencing and work window as recommended In the
submitted biological evaluation/lake study.
Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED-Planning
Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 1, 2014. If you have questions about this
proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager.
Anyone who submits written comments will automatically become a party of record and will be notified of any decision
on this project. A copy of the subsequent threshold determination is available upon request.
CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6593; Eml:
ksorensen@rentonwa.gov
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
NAME: Barbee Mill Waterfront LLC DiCerchio Pier
PROJECT/ADDRESS(S)ILOCATION AND ZIP CODE:
ADDRESS: 4011 Williams Ave. N 4005 & 4011 Williams Ave. N
--Renton, WA 98056
CITY: Renton, WA ZIP: 98056
-·
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
TELEPHONE NUMBER: 0518500480
0518500470
APPLICANT (if other than owner)
EXISTING LAND USE(S):
NAME: Residential
PROPOSED LAND USE(S):
COMPANY (if applicable): No Change
---·-----------·-----------
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
ADDRESS: COR
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
CITY: ZIP: (if applicable)
EXISTING ZONING:
TELEPHONE NUMBER: R-10
CONTACT PERSON PROPOSED ZONING (if applicable):
SITE AREA (In square feet):
NAME: Evan Wehr 6,592
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
COMPANY (if applicable): ecco design inc. DEDICATED:
ADDRESS: 203 N 361
" St. #201
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: Seattle, WA ZIP: 98103 ACRE (if applicable)
TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable)
206-706-3937
evan@eccodesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable):
C:\Users\LoriC\AppData \Local\M" icrosoft\ Win do'\.\ "S \Temporary Internet F iles\Contcnt. Outlook\UFS6VZAS\neigh bor land use master app.doc -l -
PROJECT I NFORMATr-10'-----N____,_( c'--"o=n=tin"-'u"-'e'-"d:,__l _______ ~
I ~UMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE
$100,000
-
1 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable): -
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): 3,760 D AQUIFIER PROTECTION AREA ONE
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL D AOUIFIER PROTECTION AREA TWO
BUILDINGS (if applicable):
D FLOOD HAZARD AREA sq. ft_
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft.
-
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq_ ft_
applicable):
D SHORELINE STREAMS & LAKES sq. tt.
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
-PROJECT (if applicable): D WETLANDS sq. ft_
I_ -------
LEGAL DESCRIPTION OF PROPERTY
(Attach leaal descriotion on separate sheet with the followina information included)
SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5E , IN THE
CITY OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
. . ' ,,-·
I, (Print Name/s) /_ {-Tl \,_ I l 1 '-,1 (\ .-; (\ , declare under penalty of perjury under the laws of the State of
Washington that I am (please check one) __ the current owner of the property involved in this application or _x_ the authorized
representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein
contained and the information herewith are in all respects true and correct to the best of my knowledge and belief.
_ . ./ t ; ' .f.
/
Signature of Owner/Representative
/ . I ' l \ I .. ,'.
:'_ l '·
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
', /, / / , )_I -/ / l./
Date Signature of Owner/Representative
I certify that I know or have sat,sfa!s.\'<IX,~ {dence that L i 'n l / II _',()/tu I
signed this instrument and a~~\:.d I~ h1slherithe1r free and voluntary act for the
uses and purpose ment10~ ~C\l'I 1111 -..:! ,,,, 111 1 '4,. ·I : ,;J! -~'~,s,\ON ~,t1r11 ""J,, ~
Date
, I I i = c;,,j ff# 1'A ~..1',i;. ~ c.-1· ' :_·_,, __ >,-::1/l ;; -.=o~ ,,,0 II~-,.,.,,~, ~ '"!'1 7'[_.'-71] ), ' : 'I ( --'1 ~ [ -~ C ~~"'---1---U--".-'. -.....CC-"-"----'---'-,,--C-\ +--\ Lt _,_-IL' _,..l/~--__,J'--', <'--/t--''i-"/i,./._,,_/ _c'---==-------• r ~ ~o -• -::: ~ Dated .., ~ '° v E z :; Notary Public in and for the State of Washington
'/ fJJ 1 Us\.." E O -/ "'' "'-.4.;,; -~ ~r..'1,,/0.09/\ ... ..:-0$ 0 :
,,, ~ 11 11111,,,, .. ,, .. , .... ,,ff-~ Notary (Print): 5 / I (L/ Cl i L
'11, o,. '{yr,.f>Y' ...... .:,, 111 11111,""'''I
My appointment expires: -~'~L_-• 1-l-' ... J---1-/~/_L_,j_-__________ _
C:\Uscrs\LoriC\AppDatu\Local\Microsoft\Windows\Tcmporary lmemet Filcs\(~ontcnt.Outlook\UFS6VZAS\neighbor land use masicr app.doc -2 -
City of Renton
LAND USE PERMIT
MASTER APPLICATION
PROPERTY OWNER(S) PROJECT INFORMATION
PROJECT OR DEVELOPMENT NAME:
NAME: Richard DiCerchio DiCerchio Pier
ADDRESS: 4005 Williams Ave. N
PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE:
4005 & 4011 Williams Ave. N
Renton, WA 98056
CITY: Renton, WA ZIP: 98056
TELEPHONE NUMBER: 425.922.3745
KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
0518500480
0518500470
APPLICANT (if other than owner)
NAME:
EXISTING LAND USE(S):
Residential
COMPANY (if applicable):
PROPOSED LAND USE(S):
No Change
EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
ADDRESS: COR
PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION
CITY: ZIP: (if applicable)
EXISTING ZONING:
TELEPHONE NUMBER: R-10
CONTACT PERSON PROPOSED ZONING (if applicable):
NAME: Evan Wehr
SITE AREA (in square feet):
10,756
SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE
COMPANY (if applicable): ecco design inc. DEDICATED:
ADDRESS: 203 N 361h St. #201
SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS:
PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET
CITY: Seattle, WA ZIP: 98103 ACRE (if applicable)
TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable)
206-706-3937
evan@eccodesigninc.com NUMBER OF NEW DWELLING UNITS (if applicable):
C:\Users\Dick\AppData\Local\M:icrosoft\Windows\Temporary Internet Files\Content.IE5\VU4572MX\land use master app.doc -I -
. ~OJECT INFORMATION (co .. _ .. 1ued) ~-~-----~-----------~
NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE:
1 $100,000
SQUARE FOOTAGE OF PROPOSED RESIDENTIAL
BUILDINGS (if applicable):
IS THE SITE LOCATED IN ANY TYPE OF
ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE
SQUARE FOOTAGE (if applicable):
SQUARE FOOTAGE OF EXISTING RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): 4,410
SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL
BUILDINGS (if applicable):
D AQUIFIER PROTECTION AREA ONE
D AQUIFIER PROTECTION AR~ TWO
'
D FLOOD HAZARD AREA sq. ft.
SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL
BUILDINGS TO REMAIN (if applicable): D GEOLOGIC HAZARD sq. ft.
NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSERVATION sq. ft.
applicable):
D SHORELINE STREAMS & LAKES sq. ft.
NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW
PROJECT (if applicable): D WETLANDS sq. ft .
. ---···---·-------··-·
LEGAL DESCRIPTION OF PROPERTY
(Attach legal description on separate sheet with the following information included)
SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N ,RANGE 5E , INTHE
CITY OF RENTON, KING COUNTY, WASHINGTON
AFFIDAVIT OF OWNERSHIP
I, (Print Name/s) '?, c 110 ,2 J 1 C Ji ,z, I, ,re j), (~. , ,,4 "/declare under penalty of perjury under the laws of the State of
Washington that I am (please check one) __ the current owner of the property involved in this application or __ the authorized
representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein
contained and the information herewith are in all respects true and correct to the best of my knowledge and belief.
,/; . , 1/ ,· ,//./ / iv r;; 4k,:...,( f'w ~ 1/--..c_,.
Signature of Owner/Representative Signature of Owner/Representative
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ·R; L"'-C\.,n\ \) ~ L <... Y--,;_Ir,_,· U
signed this instrument and acknowledge ij to be his/her/their free and voluntary act for the
uses and purpose mentioned in the instrument.
Dated ,,,,"'R'"'''h1,, ,,''..\.\~~ '-4,t,. ,,, le of Washington
Date
.::-~~ ''''"'\\1,,,1 Gc. 1,1 )-e ~ .:: .s, .,_.,"'',,;SION ,,'!•,, '"' // . L~ ' , -"" ...,., ,, -::r. / r /I /\,c,J. ';"-0,__. 3 f~ ~0T>1,i, ~;,,, ... ~ Notary (Print):-'-~--~··~''~~----~-·~ '~-+'v_'-~---
--J.. "'~ ~
-~(J ##1:::. ,,,. ~ :;; ~ -. -··~ ::: . -'l,_ l~
~(J)1-,o ::: -M ·1 I . -L 1 A~ "a\.,v g ~ := y appom men expires:-~~--~--~~---------
~ 7,.A 11,11 ,t .. 2a .. '\~, .. ~..#' ~0 ff
11, ~ 0 1111\\\\\\''" ~0 .:::
111 I> WA$'rl\ ~,.;;;-
C:\Users\Dick\AppData\Local\ijfo!ICW\~\'(<.~··~rcmporary Internet filcs\ContcntlE5\VU4572MX\land use master app.doc -2 -
PLANNING DIVISION
WAIVER OF SUBMITTAL REQUIREMENTS
FOR LAND USE APPLICATIONS
. , LAN~ IJSI: ~-'=~N'.IT ~UBMITTAL
: REQUIREMENTS:
Calculations 1
C9lc,red_.r.-fap;;;tor·Qi~pla)!;.
Density Worksheet 4
Drainag,\ Control Plan 2 ·)·--·' ',. ·,', .·, -. :.· -,
Drainage Report 2
Environmental Checklist 4
Existiiig ciiy~riarits (Record~d Copy) 4 .•• ·
Existing Easements (Recorded Copy) 4
Flocx:lH";Zard lJalfl 4 i•,·•·
Floor Plans 3 AND,
Habitat Data Report 4
lmprovernent Deferral2
Landscape Plan, Conceptual,
Landscape Plan, Detailed 4 .•.
Legal Description 4
Map of Existing Site Conditions 4
Master Application Form 4
Moi:iumEint Cards {on<i per 'f!Onument) 1
Neighborhood Detail Map 4
Parj<ing, Lotqov,\faf)e·& Lapdscapi11g Analysis 4
Plan Reductions (PMTs) 4
PostOffice Jl.pprovat~·-··
This requirement may be waived by:
1. Property Services
2. Public Works Plan Review
3. Building
4. Planning
PROJECTNAME: De.te1-di.10 Jo1..,_f iAse ?iir
DA TE '.r /7., l.f I { it r r
H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmittalreqs.xls 06/09
..
PLANNING DIVISION
WAIVER OF SU BM ITT AL REQUIREMENTS
FOR LAND USE APPLICATIONS
·-·;LIANO yi;~J>~R~IT.!ll1BMITTA1../••,
< i REQUIREMENTS:
Plat Name Reservation 4
Screening Detail 4
sitef?la11,.1f.ill:iM .···• •··
Applicant Agreement Statement 2 AND,
Inventory of Existing Sites 2 AND,
Lease Agreement, Draft 2 AND 3
Map of Existing Site Conditions 2 AND,
Map of View Area , AND ,
Photosimulations 2 AND 3
This requirement may be waived by:
1. Property Services
2. Public Works Plan Review
3. Building
4. Planning
PROJECT NAME: De-Cere,0to To1l.-f Use Pie-11·
DATE -::;-/ 2-11 J 11 __ ,,_ __ ,.., -~-------
H:\CED\Data\Forms-Templates\Self-He\p Handouts\Planning\waiverctsubmitta1reqs.xls 06/09
&'22/2014 Print
From: Evan Wehr [mailto:evan@e esigninc.com]
Sent: Friday, August 22, 2014 3:32 PM
To: Vicki Gover
Subject: DiCerchio Joint Use Pier (Pre-Application File No. 14-000858)
Hi Vicki,
Dnriog the pre-application for the DiCerchio joint use pier project you stated that you would like me to include with the
application a narrative e:xplaining why a drainage control plan is not necessary. Per Renton Municipal Code section 4-6-030 E
I. it appears it would not be required because the pier and canopy (871 square feet) are less than 2,000 square feet ofnew
impervious surface listed in part a. ls there anything else I should address in the narrative regarding the drainage control plan
or is that it?
I did the pre-screening for the application with Kris Sorensen yesterday. Kris coIID11ented that you did not waive the
conceptual grading plan on the waiverformhoweveryou did waive the detailed grading plan. This appears to have been an
oversight as we are not proposing grading. Could you please confumif a conceptual grading plan is necessary?
Thank you,
evan wehr
ecco design inc. mclritects
203 N 36th St. #201 Seattl~ WA 98103
206. 706.3937
eccodesigninc. com
find us on F acebook & !:i2l!?z
aboot:blank 212
8/22/2014 Print
Subject: RE: DiCerchio Joint Use Pi-, (Pre-Application File No. 14-000858)
From:
To:
Date:
Hi Evan,
Vicki Gro-.er (VGro-.er@Rentonwa.gov)
e1o0n@eccodesigninc.com;
Friday, August 22, 2014 4:03 PM
It was an over sight for the grading plans. Of course, if you are not doing any grading then plans are not
necessary. I apologize for that oversight.
Your narrative will work great. I just need documentation of why a drainage report and plans are not part of the
submittal package.
So all is great!! Thanks.
Vicki Grover, P .E.
Civil Engineer II
Plan Review Section
City of Renton
1055 -S. Grady Way 6th floor
Renton, WA 98057
Phone: (425) 430-7291
E-mail: vgrover@rentonwa.gov
aboot:bl ank 1/2
PREAPPLICATION MEETING FOR
DeCerchio Joint Use Pier
Address: 4005 & 4011 Williams Ave N
PRE 14-000858
CITY OF RENTON
Department of Community & Economic Development
Planning Division
July 24, 2014
Contact Information:
Planner: Kris Sorensen, 425.430.6593
Public Works Plan Reviewer: Vicki Grover, 425.430.7291
Fire Prevention Reviewer: Corey Thomas, 425.430. 7024
Building Department Reviewer: Craig Burnell, 425.430.7290
Please retain this packet throughout the course of your project as a reference. Consider
giving copies of it to any engineers, architects, and contractors who work on the
project. You will need to submit a copy of this packet when you apply for land use
and/or environmental permits.
Pre-screening: When you have the project application ready for submittal, call and
schedule an appointment with the project manager to have it pre-screened before
making all of the required copies.
The pre-application meeting is informal and non-binding. The comments provided on
the proposal are based on the codes and policies in effect at the time of review. The
applicant is cautioned that the development regulations are regularly amended and the
proposal will be formally reviewed under the regulations in effect at the time of project
submittal. The information contained in this summary is subject to modification and/or
concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director,
Development Services Director, Department of Community & Economic Development
Administrator, Public Works Administrator and City Council).
Fire & Emergency Services
Department
DATE:
TO:
FROM:
SUBJECT:
No comments.
MEMORANDUM
7/1/2014 12:00:00AM
Kris Sorensen, Associate Planner
Corey Thomas, Plan Review/Inspector
(DeCerchio joint use residential dock preapplication) PRE14-D00858
Page lof 1
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:.
July 24, 2014
Pre-Application File No. 14-000858
Kris Sorensen, Associate Planner
DeCerchio Joint Use Pier
4005 & 4011 Williams Ave N
General: We have completed a preliminary review of the pre-application for the above-
referenced development proposal. The following comments on development and
permitting issues are based on the pre-application submittals made to the City of
Renton by the applicant and the codes in effect on the date of review. The applicant is
cautioned that information contained in this summary may be subject to modification
and/or concurrence by official decision-makers {e.g., Hearing Examiner, Community &
Economic Development Administrator, Public Works Administrator, Planning Director,
Development Services Director, and City Council). Review comments may also need to
be revised based on site planning and other design changes required by City staff or
made by the applicant. The applicant is encouraged to review all applicable sections of
the Renton Municipal Code. The Development Regulations are available for purchase
for $50.00 plus tax, from the Finance Division on the first floor of City Hall or online at
www.rentonwa.gov
Project Proposal: The proposal is to construct a new 80-foot long joint use pier in the
shape of an ell, with two free standing boat lifts for use by two abutting single family
homes at 4005 and 4011 Williams Ave N. The pier would provide Lake Washington
access for aquatic water dependent activities. Beginning landward, the first 40 feet of
the proposed dock would be 4 feet wide; the next 40 feet would 6 feet in width; and the
elbow to the southwest would be 26 feet in length at 6 feet in width. Proposed boat lifts
would be located at the end of the pier, landward of the dock, and the other at the end
of the first 80 feet of dock length on the northern side. Approximately 60 feet of the
proposed dock, the proposed boatlifts and some pilings extend beyond the Renton city
limits (Inner Harbor Line) into State Department of Natural Resources owned aquatic
lands. The proposal location is within the Shoreline Master Program jurisdiction and
there are steep slopes located on the southerly 4005 Williams Ave N parcel. For the
shoreline program, the two residential parcels are covered by two Shoreline Master
Program overlays, being the May Creek, Reach A, Urban Conservancy overlay and Lake
Washington, Reach C, Shoreline High Intensity overlay.
h:\ced\planning\current planning\preapps\14~000858.kris\prel4-0D0858 decericho joint use dock_rlO zone barbee
mill.doc
PRE-APP 14-000858 DeCerchio Joint Use Pier
Page2of5
July 24, 2014
Zoning/Comprehensive Plan: The upland residential property was located within the
Commercial/Office/Residential (COR) Zone when it was platted as a multi-family
residential development known as Barbee Mill and is now within the Residential 10
Zone (R-10) and the Residential Medium Density designation in the Comprehensive
Plan.
Current Use: Two existing single family homes.
Shoreline Master Program Regulations: The City of Renton Shoreline Master Program
identifies Lake Washington and May Creek as Regulated Water Bodies as they are
Shorelines of Statewide Significance. The specific location of the pier/moorage facility
from the land is within the Lake Washington overlay and not the May Creek overlay
area. The location where the moorage facility would be located is classified by the City
of Renton as "Shoreline High Intensity Overlay District". Piers constructed for joint use
by two or more waterfront property owners are permitted through a Shoreline
Substantial Development Permit (RMC 4-9-190.B.3). Boat lifts are permitted as
accessory to a residential dock, provided, that all lifts are placed as far waterward as
feasible and safe; and platform lifts are fully grated.
Development and design criteria for joint use docks and piers are specified in RMC 4-3-
090. These criteria include:
• Subsection D.3 "Use Compatibility and Aesthetic Effects": Maximum stair and
walkway widths, lighting requirements, and community disturbances.
• Subsection D.5 "Building and Development Location": Location of development,
lake study, and navigation and recreation by others.
• Subsection E.7 "Piers and Docks": General criteria for approval, additional
criteria for new residential docks, spacing for pilings, light penetrating surfaces,
and minimization of nearshore impacts.
o A joint use dock may be constructed for two contiguous waterfront
properties and may be located on a side property line or straddling a side
property line, common to both properties.
o Joint use piers length, width, and other standards:
Pier Standards Length Width Pilings Side Setbacks
Minimums 80' from OHWM Dock and Max: 4 pilings, up to 12-No portion of a pier
and max.1 or piers: 6 ft max. inch diameter installed or dock may lie closer
Maximums minimum needed within 24 ft of a dock or than 5 ft to an
Ells: 6 ft max. pier and out of the adjacent property
nearshore area line and may not
interfere with
navigation
Proposal 80' from OHWM 4 ft and 6 ft None shown, TBD Complies
Complies Complies
PRE-APP 14-000858 DeCercnlo Joint Use Pier
Page 3 of 5
July 24, 2014
• Agreement: A joint use ownership agreement or covenant shall be prepared
with the appropriate signatures of the property owners in question and recorded
with the King County Assessor's Office. A copy of the recorded agreement shall
be provided to the City. Such document should specify ownership rights and
maintenance provisions.
• State requirements: The State would be provided any approval by the City.
Additionally, the applicant may need to work with DNR to receive approval of
the use of the State owned land covered by water and provide the approval as
part of a City land use application.
• Minimization of Nearshore Impacts: In order to minimize impacts on nearshore
areas and avoid reduction in ambient light level:
(a) The width of piers, docks, and floats shall be the minimum necessary to serve
the proposed use.
(b) Ramps shall span as much of the nearshore as feasible.
(c) Dock surfaces shall be designed to allow light penetration.
(d) Lights shall avoid illuminating the water surface. Lighting facilities shall be
limited to the minimum extent necessary to locate the pier or dock at night for
docks serving residential uses. Lighting to serve water-dependent uses shall be
the minimum required to accommodate the use and may not be used when the
water-dependent aspects of the use are not in operation.
NOTE: The proposed mooring pilings and boatlift{s) are outright permitted uses under
the Shoreline Master Program following approval of a Substantial Development
Permit. The project is considered accessory use to existing single family homes which
are allowed within the underlying zone.
Critical Areas: The pier project location is along Lake Washington which is a Shoreline of
the State. Additionally, the two residential parcels part of the potential project are
partly covered by the May Creek overlay, which is also considered a Shoreline of the
State. The specific project location is outside of the May Creek overlay and within the
Lake overlay. A Lake Study would need to be provided identifying "No Net Loss of
Ecological Functions" with the shoreline permit application. Docks, piers, and mooring
buoys, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to
shoreline ecological functions such that no net loss of ecological functions results. A
required Habitat Study is also to be provided and can be part of the Lake Study.
The southerly parcel, 4011 Williams Ave N contains steep slopes, including slopes 40
percent or greater around the southern area of the property. A geotechnical report
would not be required as the project proposal would not impact the steep slopes.
PRE-APP 14-000858 OeCerchlo Joint Use Pier
Page4of S
July 24, 2014
Environmental Review: The proposed project would be located on lands covered by
water and is, therefore, subject to Environmental (SEPA) Review. The Barbee Mill
Preliminary Plat Draft Environmental Impact Statement (Draft EIS), prepared by
Parametrix, dated September 2003, has analyzed the impacts of up to 16 additional
docks and identified the impacts which may result. Mitigation for these additional
docks and piers was addressed by prohibiting docks and using mooring buoys or floats
at a distance from near shore habitat, or a reduction in docks through shared moorage.
Impacts on near-shore habitat can be reduced by narrower docks and materials that
allow light penetration.
The Barbee Mill Preliminary Plat Mitigation Document, prepared by the City of Renton,
dated August 16, 2004 addresses the issue of private docks in Mitigation Measure D17
which states that "Either: a) Prohibit docks and require the use of mooring buoys or
floats at a distance from near-shore habitat; OR b) Reduce the number of docks through
shared moorage, AND THEN; c) Reduce shading impacts by narrower docks or use of
construction materials that allow light penetration.
Because the State Is not issuing any permits, the City would be the lead agency for
environmental {SEPA} review. The proposed dock complies with the mitigation
measure stated above in that it would be a shared or joint use moorage facility and
would be fully grated which would allow light penetration. The proposed boatlifts
would be freestanding and uncovered. Permit Requirements: A Shoreline Substantial
Development Permit and Environmental Review would be required. It is the applicant's
responsibility to obtain any necessary subsequent approvals by the Washington State
Department of Ecology, Washington Department of Natural Resources, Washington
Start Department of Fish and Wildlife and the U.S. Army Corps of Engineers. Upon
issuance, the City would forward the Shoreline Substantial Development Permit to the
Washington State Department of Ecology and the Attorney General. WAC 332-30-144
allows abutting residential owners to install private recreational docks without charge
on state-owned aquatic lands. At this time the State Department of Natural Resources
is not requiring use authorization or leases for such projects as long they satisfy other
RCW and WAC criteria. Such criteria include conformance ta adopted shoreline master
programs and other local ordinances.
A submittal checklist, listing the items that must be included in the submittal packet to
the City, is included in the pre-application meeting packet of information. The land use
review process has an estimated timeline of 12 weeks to the conclusion of the appeal
period. The permits are then sent on to the Department of Ecology.
Fees: The following fees would be required upon submittal of application materials. In
addition, a 3% Technology Fee is added to all land use applications. Following
application and approvals of substantial development permit and environmental review,
building permits would be required:
Shoreline Substantial Development Permit $2,000.00
Environmental (SEPA) Review $1,000.00
PRE-APP 14-000858 OeCercnio JOint Use Pier
Page 5 of 5
July 24, 2014
Note: When the formal application materials are complete, the applicant is strongly
encouraged to have one copy of the application materials pre-screened at the 6th
floor front counter prior to submitting the complete application package. Please call
Kris Sorensen, Associate Planner at 425-430-6593 for an appointment.
Expiration: Upon approval, the shoreline substantial development permit would be
valid for two years with possible one year extension.
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Project Narrative
DiCerchio Pier
The proposed project is to install a new joint use pier with two boat lifts, one translucent
canopy, and two mooring piles for the properties located at 4005 and 4011 Williams
Avenue North in Renton Washington. A shoreline substantial development permit and
environmental review are required from the City of Renton. The project site and adjacent
properties are zoned as Residential !Odu/ac (R-10). The project site is on the shoreline of
Lake Washington and is approximately 175' from May Creek. A portion of the shoreline
is armored with a concrete and steel bulkhead while the remaining portion is armored
with a rock bulkhead. Richard DiCerchio is the owner of the property at 4005 Williams
Avenue North. 4011 Williams Avenue North is currently owned by Barbee Mill
Waterfront LLC. Both properties are single family residential lots that have existing
single family houses. The proposed pier will be 400 square feet in area and will be fully
grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that
extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel
piles, and two IO" diameter steel piles will be driven by a barge-mounted vibratory pile
driving system to support the pier. Two 3" diameter steel pin piles will be driven on land
to support the landward section of the pier. Also two 12" diameter steel mooring piles
will be driven. Two free standing boat lifts will be installed at the pier. A single 10.5' by
30' translucent boat canopy will be installed on the boat lift to be located at 4005
Williams Ave North. A dock ladder will be installed at the end of the pier. The
estimated fair market value of the project is $100,000. A geotechnical report will be
submitted with the building permit application. Per Renton Municipal Code section 4-6-
030 E. 1. a. a drainage control plan is not necessary because the area of the pier and
canopy is 715 square feet which is less than the 2,000 square foot threshold. There is an
existing concrete stair walkway that ends where the pier will connect to land. Twenty-
two native shrubs will be planted along the shoreline.
Construction Mitigation Description
DiCerchio Pier
Construction Dates : The date of construction will depend on when the necessary
government approvals for the lift are issued. Construction of the pier and the installion of
the boat lifts and canopy will only take approximately two weeks to complete. The in
water work window at the site is open from July l61h through December 31 ". The work
will be completed during the work window opening in either December 2014 or July
2015.
Hours and Days of Operation: The work will take place during the City ofRenton's
typical hours of construction which are 7:00 am through I 0:00 pm Monday through
Friday and 9:00 am through 10:00 pm Saturday and Sunday.
Proposed Hauling/Transportation Routes: The materials will be brought to the site by
a barge by way of Lake Washington.
Measures to be implemented to minimize dust, traffic and transportation impacts,
erosion, mud, noise, and other noxious characteristics: Work will take place only
during allowed hours of operation. Erosion will not be caused by the project. There will
be elevated levels of noise from construction during the installation of the piles.
Special Hours Proposed for Construction: No special hours are proposed for
construction.
Preliminary Traffic Control Plan: Traffic control is not necessary for the project.
LAKE
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Design Standards
Joint Use and Community Docks
Code sections are listed in bold and project information is listed below each code section in
plain text.
WHEN ALLOWED
A joint use dock may be constructed for two (2) or more contiguous waterfront
properties and may be located on a side property line, or straddling a side property line,
common to both properties or be provided with an access easement for all lots served.
Joint use docks or piers serving more than four (4) residences shall be regulated as
marinas.
The pier will be between two contiguous waterfront properties. The pier will straddle a
side property line common to both properties.
LENGTH -MAXIMUM
Docks and Piers -Minimum needed to provide moorage for the single family residences
or community being served. Maximum: 80 ft. from OHWM.
The proposed dock will be 80 feet in length.
Ells and Fingers -26 feet.
The proposed ell is 26 feet in length.
WIDTH -MAXIMUM
Docks and Piers. -6 feet.
The pier walkway will be 4 feet wide for the first 40 feet from the shore and will be 6 feet
wide from 40 feet to 80 feet from shore.
Ells -6 feet.
The proposed ell will be 6 feet in width.
1
PILINGS -MAXIMUMS
Mooring Piles -Four piles, up to 12 inches in diameter, installed within 24 feet of a dock
or pier and out of the nearshore area.
The proposed two mooring piles will be 12 inches in diameter, installed 13' away from
the pier, and will be 60' away from the ordinary high water mark outside of the nearshore
area.
SETBACKS -MINIMUMS
Side Setback-No portion of a pier or dock may lie closer than 5 feet to an adjacent
property line and may not interfere with navigation.
The proposed pier will be 38' away from the adjacent property line and will not interfere
with navigation.
20101004002608.010
Section 4.6: Survival of Assessment Obligation. After the foreclosure of a security
interest in a Lot, any unpaid assessments shall continue 10 exist and remain as a personal
obligation of the Owner against whom the same was levied, and the Organization shall use
reasonable effons to collect the same from such Owner.
Section 4.7: Subordination of Assessment Liens. 1be liens for assessments provided for
in this Declaration shall be subordinate to the lien of any Mortgage or other security interest
placed upon a Loi as a construction loan security interest or as a purchase money security
interest, or refinancing thereof and the Organization will, upon demand, execute a written
subordination document to confirm the particular superior security interest. The sale or transfer
of any Lot, or any interest therein, shall not affect the liens provided for in this Declaration
except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for
purposes of realizing a security interest, liens shall arise against the Lot for any assessment
payments coming due after the date of completioo of foreclosure (excluding the el<piration date
of any period of redemption).
ARTICLES· BUILDING AND LAND USE RESTRICTIONS
Section 5.1: Improvements. No Lot, dwelling, residence, outbuilding, fence, wall,
building, pool, deck, substantial landscaping, change in exterior paint color or other structure or
other improvement shall be e!tlCted, altered, placed or maintained on any Lot unless ii shall
comply with the following:
(a) Prior to placing any such structure or making such improvement on the Lot, the
plans and specifications for the structure or improvement and a request for approval shall be
submitted to and approved by the Architectural Control Committee (''Committee'') as provided
in Article 6. When constructed or placed on the Lot, the structure or improvement shall
substantially conform to the plans and specifications approved by the Committee. This provision
shall not apply to the Declarant until all homes arc initially sold and occupied.
(b) Prior to making any change or alteration to the external appearance of any
existing improvement on a Lot, plans and specifications for the alteration and change shall be
submitted to and approved by the Committee as provided in Article 6. When made, the changes
or alteration shall substantially conform to the plans and specifications as approved by the
Committee. This provision shall not apply to the Declarant until all homes are initially sold and
occupied.
(c) Once started, the work of constructing, altering, repairing, or reconsbucting any
structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in
any event the exterior of the structure shall be completed and finished within six months after the
work first commences. In the case of landscaping improvements or modifications, the work shall
be completed within two months after the work first commences.
9
l>WT lll044S2vl l 00361113-000004
20101004002608.011
(d) All buildings and improvements on a Lot shall be of permanent construction, and
no temporary sllUcture, trailer, mobile home, tent, gllnlgC, owbuilding or other similaa, device
shall be p~ on any Lot, except with the permission of the Committee. This provisiQll shall
not apply to the Declarant during the Development Period.
(e) Lots shall be used solely for residential purposes and related facilities nomially
incidental to a residential community. No building shall be eiected, altered, placed or permitted
to remain on any Lot except for one ( I) single family dwelling and any permined ~ry
building.
(f) Accessory buildingS which are app11nenant to the use of an existing pe11manent
residential building may be permilled on a Lot Permitted accessory buildings may ,include
playhousea, tool sheds, doghouses, and gazebos. No permitted accessory building !jha.11 be
placed no a Lot unless the plans for the accessory building have been first approved as to the
design and location on the Lot by the Committee. The Conuniuee may refuse to approve a
permitted uccessory building if, in the exen;ise of the discretion of the Comminee, the structure
detracts from the general visual appearance of the neighborhood or other homes. The location of
a permined accessory building shall be located where ii minimizes the visual impact Bild. as a
general guideline, shall be in the rear yard or side yard behind the front of the houst:. The
Comminee shall not be bound by the guidelines, but may exercise its discretion in that respect.
The Committee may require visual screening of accessory buildings from adjacCJ)t Lots.
Accessory buildings shall not be easily visible from any street.
(g) All structures and improvements shall comply with the provisions of the
applicable Building Code, as amended from time to time, relating to setback requ~ments;
provided that nOlhing herein shall require removal of a building which was originally placed in
confonnity with such Building Code because of change in the Building Code. The Applicant is
responsible for procuring all necessary permits.
(h) No exterior aerials, antennas, microwave receivers or satellite dishes for te)evision
or other purposes shall be permitted on any Lot exoept as follows: The Committee will not
require prior approval as to placement and screening from residents who wish to install satellite
dishes in accoldance with current FCC rulings (which currently exempt dishes I meter or less in
diameter from Association approval as of the date of adoption f this Amended Declaration). The
Committee rccognizcs the need to locate these dishes in a place that will allow the best 111CCption
possible, however, residents are encouraged to consider aesthetics as well. Residents chopsing to
install satellite dishes measuring Jaiger than the diameter exempted by FCC regulations are
required to obtain approval from the Commincc prior to installation.
(i) All mai !boxes are to be of uniform design as approved by the Committee.
G) Owneis of fences shall be oblisated to repair and maintain such fences so that
they are structurally sound and in attractive appearance. Owners of ft:nccs shall have the right to
enter adjoining property on a temporary basis for purposes of such maintenance, provided the
10
20101004002608.012
owner seeking to exen:ise this right of entry shall give two weelcs written notice to the owner of
the adjoining property and further provided that no damage to adjoining propeny shall be
permitted and the adjoining propeny shall be restored to a condition reasonably equivalCJ1t to its
condition prior to such entry as soon as such mainlenance or repair work is completed.
Section 5.2: Animals. No animals, livestock or poultry of any kind shall be raiseil, bred,
or kept on any Lot except that usual household pets such as dogs, cats and small birds imay be
kept, provided that Ibey an: not kept, bred or maintained for commercial purposes, and t1iat they
do not unreasonably interfere with the use and enjoyment of any pan of the Plat
Section 5.3: Nuisances. No Lot shall be used or maintained as a dumping gr®nd for
rubbish; and trash, garbage, or other waste shall not be kept except in sanitary containers or
composting an:as. Equipment for the stonige or disposal of such material shall be kept in, a clean
and sanitary condition and out of sight Noching shall be done on a Lot which may become a
nuisance to the neighborhood.
Section 5,4: Bµsjnesses. No trade, craft, business, profession, manufa,cruring,
commen:ial enterprise or commercial activity of any kind shall be conducted or carried CDn upon
any Lot or within any building located within the Plat unless it is aulhorized by and is in
compliance with local land use ordinances and does not interfere with lhe quiet and peaceful use
and enjoyment of any part of the Plat. For purposes of this Section, kinterference" will be
assumed to exist if ( I) evidence of said use is visible from the street or adjacent Lots, (2) the use
causes an increase in the noise level in the surrounding area, or (3) the use increases traffii: above
usual residential volumes. No signs for such businesses shall be permitted.
Section 5.5: Storage. No goods, materials, supplies or equipment, and no boats, trucks,
lllOlorcycles, busses, motor homes, campers, trailers, or vehicles of any description, shall be
stored, dismantled, or repaired in the street, driveway, or within view from any street or Lot in
the Plat. Upon 48 hours notice to the Owner of the Lot, the Organiiation has the authority to
have removed at the Owner's expense any improperly stored or parlccd vehicle, boat, 11r other
equipment During the Development Period, the Declarant may store equipment and tuilding
materials and maintain temporary trash storage sites within the Plat. The restrictions contained in
this Section shall not exclude the temporary parking of automobiles on the designated driveway
an:as adjacent to garages on the Lots.
Section 5.6: Construction and Sale Period. So long as Declarant owns any propeny in
the Plat for development and/or sale, the restrictions set fonh in this Article 5 shall not bc,applicd
or interpreted so as to prevent, hinder, or interfere wilh development, construction or sales
activities of Declarant or any builder or developer approved by lhe Declarant.
Section 5.7: ~-Owners of Lots which have frontage on Lake Washington shall
have the right to apply for permits for the construction of joint use docks (a joint use dpek is a
single dock serving two adjoining lots, typically located straddling the common propeny line
between the two lots).
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(a) Owners shall be responsible for obtaining all necessary penniis for lhe
conslruction and maintenance of such docks and for construction of such docks in compliance
with applicable regulatory requimmcnts. Declarant does not, in any way, guarantee thl\l docks
will be permitted or that any particular dock design will be approvablc since applicable
government regulations change from time to lime and are beyond Declarant's control. All docks
shall be designed, constructed and maintained in a manner so as not to alter or imi,act the
remediation trench (or Passive Attenuation Z.One) described in Article 5A, nor interfere with the
access or sampling rights referenced in Subsection 5.7(d) below.
(b) All Lots with frontage on Lake Washington shall be subject to an easement on
their common property lines which allows lhe construction and use of a joint use dock with the
adjoining Owner. The width and length of that easement shall be the area in which a dock is
allowed pursuant to the rules and regulations of governmental agencies with jurisdiction over the
construction of a dock at the time permit applications for a dock are submitted.
In cases where both Owners of a joint use dock agree to construct and use a dGICk, the
Owners shall share equally in all COSIS, including but not limited to design. permitting,
construction and maintenance, unless the two Owners agree otherwise in writing. In cases where
one Owner desires to construct a dock but !he olher Owner does not, the Owner desiring to build
the dock shall bear all costs, including but not limited to design, pemtltting. construc~on and
maintenance, providing the other owner may not use the dock (even though a portion of the dock
is on their property) until such time as the non-participating Owner reimburses the participating
owner for fifty percent (50%) of the cost of design, pennitting, construction and maintenance,
adjusted for inflation. In the event of dispute regarding the amount of such reimbursement or
any other issue regarding the construction, maintenance, repair or use of a common dock, the
dispute shall be submitted to the Architectural Conuol Committee for review and a cb:ision.
The Committee's decision shall be final and binding on all parties.
(c) The Organization shall have the right to adopt Rules and Regulations rqgarding
the design of docks, the size, shape aod other features of the dock, the maintenaoce of docks, and
all other aspects of dock ownership and use.
(d) Barbee Mill Co., Inc. ("Barbee") and iis consultants and contractors shall be
provided with access to perform sampling in the tidelands as necessary to evaluate the
effectiveness of the Remedial Action or to perform work pursuant to any Agreed Order and/or
Consent Decree, as discussed more fully in Article SA. Barbee shall have the right to access the
sediment in the vicinity of any dock for purposes of sampling.
Section 5.8: Lakefront Buffer.
(a) The City of Renton has required that a permanent fifty foot (50') wide buffer be
provided along the shore of Laite Washington. On some lots this buffer is less than fifty feet
(50') and on olhers it is larger such that the average along the entire lake shore is fifty feet (50').
These variances have been specified as part of a buffer averaging plan approved by the Qity. The
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buffer width on each lot is set on the recorded plat and cannot be reduced. The first thirty five
feet (35') of buffer adjacent to Lake Washington is required to be planted in native species in
accordance with a buffer landscape plan approved by the City. The remainder of the buffer
which varies from lot to lot may contain "managed'' landscaping but may not contain sli'Uctures
other than patio surfaces, garden retaining walls and other such garden improvements that may
be approved by the City. ·
(b) The first thiny-five feet (35') of buffer adjacent to the lake as measured from the
Ordinary High Water Marie is subject to an easement allowing: (i) the Organization to enrer this
area for the purpose of inspecting, maintaining, irrigating and repairing this buffer and associated
vegetation, and (ii) Borbee to enrer this area for the purpose of providing access to 811d from
certain monitoring well locations. Lot Owners shall not be allowed to remove or trim !hi: native
vegetation or to plant anything in this area, except with prior written approval horn the
Archilectural Control Commitree and, as applicable, the City of Renton.
(c) Access through the thirty-five foot (35') native species buffer lo the lake shore or
dock shall be limited to a joint use walkway that is constructed on or near the joint property line
of homes that arc attached to each other. An casement five feet in width shall be provided on
either side of said portion of the property line for this pwpose. The walkway will be coi,i;liUcted
by the builder as part of the initial home and buffer landscaping.
Sectjon 5.9: Landscaping and Landscapmg Mainrenance.
(a) The Declarant will be responsible for initial installation of all in-ground
landscaping and irrigation systems in both the Common Areas and on Lots. The Organization
will be responsible for the maintenance including irrigation of all Tracts (Tracts A through I
and L through P) and the 35 foot buffer easement adjacent to Lake Washington. In addition the
Organization will maintain the front yard landscaping of all Lots. All Lots are subject to a
permanent easement allowing the Organization access to the Lots for this purpose. Lot Owners
shall be responsible for irrigating their front and rear yards and landscape maintcnance of their
rear yards.
(b) Lot Owners will be allowed to personalize their in-ground landscaping, s11bject to
prior review and written approval of the An:bitectural Control Committee. The 01'g8'1ization
shall establish Rules and Regulations for both a process for requesting such approvals and design
guidelines for Owners who wish to make such changes to their landscaping. The Committee
shall, in reviewing such applications, consider the impact of the proposed changes on the overall
aesthetic appearance of the community, view blockage issues, compatibility wiltl other
landscaping on the Lot and nearby Lots and Common Areas. The Committee may impose
limitations on such landscaping, including but not limited to restrictions related to size, mature
height and width, and shade and shadow creation.
Section S. I 0: Maintenance of Homes.
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(a) All Lots and homes, including any associated improvements, shall be majntained
in a clean and attractive manner consistent with the overall appearance and quality of the.Barbee
Mill community. All homes and Olher improvements shall be painted and Olbeiwise maintained
in the same colors and with the same eJCterior finishes as the original construction. unless
Olherwise approved in writing by the Architectural Control Committee. The obUgations
established by this section shall include an obligation to keep all eJCterior meas of Lots clear of
debris, stored items and unsightly accumulations of materials of any kind which detract from the
general appearance of the community. The An:hitectural Control Committee s!iall be
responsible for detennining whether any individual Lot or home is being maintained in
compliance with lhe standards in this Section:
(b} All of the homes on the Lots share certain physical improvements with an
adjoining home, including but not limited to shared roofs, exterior walls and other featules. The
following rules regarding maintenance and repair shall apply to such homes.
1. Bach Lot Owner shall be solely responsible for maintenance and rq,air of
all building components which are not shared with the adjoining lot. This shall include minor
repairs to roof or siding that can be accomplished without involving the other party.
2. Both Lot Owaers shall be jointly responsible for maintenance an~ repair
of all shared building components, provided:
(i) If maintenance or repair is required as the result of the netligencc
or intentional misconduct of an Owner, their guests, invitees or other agents, that Owner shall be
responsible for all associated costs of maintenance and repair.
(ii) If one Owner believes thul maintenance and repair, other than
minor touchup painting and the like, is required or prudent, that Owner shall con~t the
adjoining Owner and seek that Owner's mutual consent to the proposed worlt.
(c) The Organization may adopt Rules and Regulations regarding repainting,
schedules for routine maintenance and all other aspects of the repair and maintenance of all
homes in the community. including components which are the responsibility of individual
Owners.
(d) In the event of any dispute between Owners regarding issues about whelher any
particular building component is a shared component subject to subsection 5.1 O(b ), rwhether
maintenance or repair is necessary or prudenl, the costs of such work, or any other issue relaled
to the application of this Section, the dispute shall be submitted to the An:hitectural Control
Committee for review and a decision. The Committee's decision shall be fmal and binding on
all parties.
Section s, 11; Clubhouse. Common Areas and Common Area Improvements.
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DWr IS04452YI I 00361&3-000004
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(a) A clubhouse is located on Tract E in the Common Area. The Clubhouse and
Tract E shall be maintained by the Organization.
(b) The Organization shall have the right to construct, maintain and n:priir, and
regulate security gates and fences around the Common Areas and amenities.
(c) The Organization shall have the right to regulate the use of all parlci~ areas
associated with Common Areas, including but not limited to the imposition of time limits on
parking.
(d) The Organization shall adopt Rules and Regulations regarding the use of the
aubhouse and Tract E, as well as other Common Areas and amenities in those Common Areas,
including imposition of fees for uses, rental of the facility for use by Owners or otiiers for
various pwposes, revocation of use privileges for non-payment of assessments and/or misuse of
the Common Areas, including the clubhouse, and all other aspects of the maintenance, use and
operation of the clubhouse.
Section 5.12: ~-Fences are not permitted on any perimeter of any Lot, othl:lr than a
perimeter fence installed by the Declarant, without the prior written approval of the Arc~un1l
Control Committee. Decorative iron or aluminum fences will be pennitted to separate lhe two
llhared yards of paired homes. Such fences are subject to approval of the Committee and it is
generally expected that a hedge or other similar plantings will accompany such a fence.
Section 5.13: Easement Agreement <Lot l 15 and Harbor Area}. The Organizatipn shall
assume and be responsible for all duties and obligations of the "Grantor" under Sectio~ of that
certain Easement Agreement (Lot 115 and Harbor Area) recorded on September 29, 2 under
King County Auditor's File No. 20060929003429 (the MHarbor Area Easement'') to the extent
arising from and after recording of the Declaration, and the Organization shall sucl:CCII to the
interests of such Grantor under Section 5 regarding the dredging of the Tract A Open Space (as
such term is defined in the Harbor Area Easement), including all rights of such Grantor
thereunder. Notwithstanding any other provision in this Declaration to the contrary, neither
Lot I IS nor the Owner of Lot 115 shall be subject to any assessment or special assessment that
may be levied or imposed by the Organization for purposes of funding dredging COSlS under
Section 5 of the Hamor Aiea Easement.
Scctioo 5.14: Cenain Restrictions Not Applicable to Lot 115. Notwithstanding anything
set forth to the contrary in this Article 5 or tbe Declaration: (a) the Owner of Lot 115 may use
such Lot for any lawful purpose (including a boathouse, dock and vehicle parking s~es) and
shall not be bound by the restrictions or requirements set forth in Section 5.1 (a), (b), (c;) or (t),
Section 5.7 or Section 5.8(a) or (b); (b) the Owner of Lot 115 shall have the right to repair,
remodel or replace the existing boathouse and related improvements located on Lot I IS; at such
Owner's discretion; and (c) permitted uses on Lot 115 shall include the existing osprey nest pole,
platform and nest and any n:placements and modifications.
15
DWT IB04452vl I 0036183,(JQ(Ql)l
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ARTICLE SA • SPECIAL ACCESS RIGHTS
Section SA.I: Remedial Action. Barbee Forest Products, Inc:., a Washington corppration
and Barbee Mill Co., Inc., a W asbington corporation, the prior owners of the Propeny
("Barbee") have conducted and are conducting a remedial action under the Model Toxics
Control Act ("MTCA ") on the Plat which is subject to this Declaration. The remedial aetion is
described in an Independent Remedial Action Plan (Hart Crowser, September 6, 20C,0), an
Independent Remedial Action Plan Addendum (Aspect Consulting, 2006), a Construction IRepon
-Passive Attenuation Zone, Arsenic Remediation (Aspect Consulting, October 5, 2007) and
related documents, which are on file with the Washington State Depanment of Eoology's
("Ecology's") Northwest Regional Office as well as future Agreed Orders and/or <Ion sent
Decrees that may require future remedial work (collectively, the "Remedial Action"). ~ecause
the Remedial Action resulted in residual concentrations of arsenic and may have resllited in
residual concentrations of zinc and petroleum hydrocarbons (the "Residual Cootamiqation")
which exceed the MTCA Method B Residual Cleanup Level for groundwater establishea under
WAC 173-340-720, a restrictive covenant limiting cenain activities which may a~t the
groundwater and the remediation plan shall be n:corded against the Plat prior to the con\jeyance
of any l..ol.
Section SA.2: Access Rjghts. Barbee, and Bmbee' s contractors and consultants
(hereafter n:ferred to in this Section SA.2 collec:tively as the "Barbee Parties" or individually as a
"Barbee Pany") shall have the right to acc:ess the Common Areas and Tracts from time to1time to
perform, complete and monitor the Remedial Action as necessary to: (a) improve, mai~n. test
and otherwise operate, repair and n:move existing and new groundwater monitoring and
extraction wells and to improve, install, maintain, repair, replace, operate and remi,ve the
groundwater treatment systems required to complete the Remedial Action, inclut1ing all
associated fixtures and equipment (collectively the "Treatment System"); and (b) conc!Uct any
and all other environmental testing, monitoring and/or remediation operations on, und¢r, over
and across the Common Areas and Tracts in the event any such additional testing, mcmitorlng
lllld/or remediation operations relating to the soil or groundwater beneath the Common ~ and
Tracts are required by the applicable n:gulatory agencies and any removal or decommi$1ionlng
of the Treatment System. l!cology shall have the right of access to said areas as provided by
Chapter 70.1050 RCW and Chapter 173-340 WAC (and any amendments thereto) .regarding Site
remediation and monitoring, and as otherwise provided by and pursuant to law. Nothing in Ibis
Declaration shall limit l!cology's ability to access property pursuant to the EnvirQ1lmental
Covenant n:corded against the Plat.
The Barbee Parties shall have a limited right of access to the Lots for purposes of
performing, completing and monitoring the Remedial Action to the extent required by an :Agreed
Order or Consent Decree pursuant to MTCA. If such limited right of access is exercised, Barbee
shall restore any landscaping or other improvements located on a Lot which are damaged,
removed or otherwise altered by reason of the exen:ise of this access right to a c,pndition
reasonably comparable to that which existed prior to the exercise of the right of access, In the
exercise of this access right, no Bmbee Party is authorized to take any action that will tcsult in
16
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any liens being filed against a Lot, and Barbee agrees to indenmify, defend and hold harm!ess the
Lot Owner rrom and against any such liens to the extent arising from or relating to any iBarbec
Party's exercise of this right of access. In the event that a lien is filed against a Lot as lhe result
of a Barbec Party's activities pursuant to Ibis right of acccss,.Barbec shall, promptly after1receipt
of notice thereof, take all reasonable steps necessary to remove such lien and to protect tbe Lot
Owner against liability resulting therefrom. F.cology shall have the right of access to said areas
as provided by Chapter 70.IOSD RCW and Chapter 173-340 WAC (and any amentlments
thereto) regarding Site remediation and monitoring, and as otherwise provided by and pursuant
to law.
Section 5A.3: System Locatjon. The Remedial Action is being conducted in pan,on and
beneath the Common Areas and Tracts, and the Treatment System installed at lhe Plat as
described in the Environmental Covenant recorded under King County Reconliljg No.
20080606001208.
Scctjon SA.4: Non Interference with Remedial Aclion: Repair. The Treatment System
shall not be removed or altemi wilhout prior written approval from Barbee in each il)stance,
which shall not be unreasonably wilhhcld. Removal or alteration of any ponion of tbe T~t
System may also require approval by Ecology and/or any other regulatory agen<lJ with
jurisdiction over the Remedial Action. Prohibited alterations include but are not linaited to
changes to the Treatment System or the nearby area in a manner that disrupts opera!ions Of'
monitoring, prevents installation or reduces efficiency or effectiveness of the Treatment $ystem,
including installation or construction of any structure, planting, or material, or allowing,
conducting or permitting any activity, that unreasonably interferes with or significantly ir!creases
the cost of implementing the Remedial Action. Promptly after teaming tberepf, the
Organiution, Declanmt and/or any Owner shall notify Barbee and Ecology in writing; of any
material actions planned or in progress that could impact the Treatment Systems inlcluding
unintentional acts, accidents, or naturally caused damages. An Owner or the Organizatio11, as the
case may be, shall be responsible for the cost of repair or replacement of any portion of the
Treatment System !hat is removed or altered by such Owner or by the Organization wi~out lhe
prior written approval of Barbee. In general what this means is that there shall be no interference
with lhc wells, piping, equipment, or other physical components of the remedial action that have
been installed as shown on the exhibit in Section SA.3 above or will be installed in the fu!ure and
!hat no one shall disturb the ground below the top of the remediation trench (refened 19 as the
Passive Attenuation Zone on Exhibit "A"). The top of the remediation trench is located al)ove lhe
Lake Washington Ordinary High Water Marlc of 18.67 feet NAVD83 at an app!'l)ximate
elevation between 19 .5 and 21.4 feet NA VD83.
Section 5A5: Access: Notice. Barbee, and its conttactors and consultants, shall be
permitted to conduct the Remedial Action and shall be provided reasonable access to the
Common Area and Tracts. The Organization, Dcclarant 1111d the Owners shall coope111te with
Barbee in Barbee's undertaking and completing tbe Remedial Action. If requested by the
Organization, Barbee shall provide the Organization with reasonable prior notice of any IJllanned
entry onto the Common Areas or Tracts by Barbee, its contractors oc consultants pursuant to this
17
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Section SA. Barbee shall provide reasonable prior notice to affected Lot Owners if1Barbee
intends to exe.n:ise the limited right of access to Lots provided in Section SA.2.
Section 5A.6: Water Quality Pond I jner. The Plat includes a stormwater water, quality
pond located on Tract F wilhin the Plat approximately where depicted on Exhibit "A" 4ttached
hemo (the "Water Quality Pond''). The Water Quality Pond has a liner installed tbereioiwith an
expected life of 100 years which is designed to prevent the discharge of site groundwater1 up into
the Water Quality Pond. During the Development Period, Declarant shall be responsible for
completing Water Quality Pond construction and performing maintenance, repair and
replacement of the Water Quality Pond liner, at Declarant's cost and expense. Following
expiration of the Developmcnt Period, the Organization shall be responsible for main~ance.
repair and replacement of the liner within the Water Quality Pond, at the Organization's cjost and
expense. If Barbee believes, in good faith and based on credible evidence, that tlMI Water
Quality Polld has not been constructed as requin:d by Ecology or if liner is not being properly
maintained or repaired or requires replacement, Barbee shall have the right, at its el~tion, to
undertake and complete such COIISlrUction, maintenance, repair or replacement activi~ as it
deems reasonably necessary and appropriate after first providing at least thirty (30) dal,'s prior
written notice of its intent to the Declarant (during the Development Period) or the Orgajlization
(following expiration of the Development Period). If Ecology requires cons11ruction,
maintenance, repair or replacement of the Water Quality Pond or liner within a time fr$ne that
does not allow the full thirty (30) days notice, B8lbec shall provide notice but shall have~ right
to undertake and complete such construction, maintenance, repair or replacement as req1'ired by
Ecology without providing the full thirty (30) days notice. If the Dcclarant or the Orgaqization,
as applicable, fails to commence such construction, maintenance, repair or replacemeia of the
Water Quality Pond or liner within such thirty (30) day period or ten (10) days before ihe date
required by F.cology, whichever Is sooner, then Barbee may proceed to complete suqh work
itself, in accordance with the requirements set forth herein, and all costs and expenses ~ly
incurred by Barbee in connection with such work shall be reimbursed to it by the Decf,arant or
the Organization, as applicable, within twenty (20) days following delivery of written invoices
therefor. Amounts not paid when due hereunder to Barbee shall bear interest at the rate of
twelve percent (12%) per annum from the due date tluough the date of paymcnt. The Water
Quality Pond shall be constructed and the liner shall be maintained, repaired and replaced in
accordance with the design and specifications approved by the Declarant, prepared by Otak
Engineering, dated as of January 30, 2007. All work relating to the Water Quality Pond and liner
was and shall be undenakcn and completed by qualified and cxperiena:d cootracl):ia and
consullllnts. Ecology shall have such rights to undertake, at its election, the aforellllflltioned
repair or replacement activities as provided by Chapter 70.1050 RCW and Chapter 173-340
WAC (and any amendments thereto) regarding Site remediation and monitoring, and as
otherwise provided by and pursuant to Jaw. Reimbursement of remedial action costs for such
activities as described herein which are Incurred by &ology shall, at Ecology's election, accrue
interest as set forth in WAC 173-340-550 (and any amendments thereto), and as otherwise
provided by and pursuant to law.
18
DWTIII04452YIIOOJ6183.oooD04
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Section 5A7: Miscellaneous. Neither the Organization, Dcclarant nor any Owner may
impose any type of monetary penalties, fines, or fees against Barbee as long as Bl$Ibee is
lawfully performing the Remedial Action and exen:ising its rights under this Article 5,N In no
event shall Barbee be liable for any claims for special, indirect or consequential <14mages,
including but not limited to claims for loss of use, rents, anticipated profit, business opP?rtunlty
or business interruption associated with the Remedial Action. Each Owner and the Orgaijlization
releases Barbee, its affiliates and Declarant from all liability associated with or arising from the
Residual Contmnination or the Remedial Action to the extent it is properly conducted by ~-
Notwithstanding the provisions in Article 11 (Amendment and Revocation) to the CODlrfU'Y, the
provisions of Article 5. 7(d) and this Article 5A shall only be amended by an instrument executed
and approved by Barbee.
ARTICLE 6 • ARCHITECTURAL CONTROL
Section 6.1: The Committee. The Boacd shall designate the Committee herein referred
to. The address of the Committee shall be the registered office of the Organization.
Section 6.2: Submjssjon of Plans. Prior to construction, all plans and specific8fions or
information required to be submitted to the Committee for approvals shall be submitted ~y mail
to the address of the Committee in duplicate, shall be in writing, shall contain a written trequest
for approval and the name and address of the person submiuing the same and the Loi iqvolved,
and shall set forth the following with respect to a proposed structure: The locatio~ of the
structure upon the Lot, the elevation of the structure with reference to the existing and finished
lot grade, the general design, the interior layout, the exterior finish materials and color if1cluding
roof materials, the landscape plan, and such other information as may be required to dCjlermine
whether such strucwre conforms with the rmrictions established by the Governing Ooquments
and any Community Regulations adopted by the Organization. The Committee may I require
applicants to notify adjacent Lot Owners of their request for approval.
Section 6.3: Standard~. The Committee shall have the authority to determine and
establish standards involving aesthetic considerations of harmony of construction aJ¥1 color
which it detemtines to be in the best interest of providing for attractive development of ,iie Plat,
which authority shall include but not be limited to determining the height, configuration1 design
and appearance of the home, fences, walls, oulbuildings, pools, and other structures and
improvements appurtenanc to the use of the Lot. Such determinations shall be binding on all
persons having any interest in the Lot. Owners shall be responsible for infonning conlractors,
agents and others working on lhe Lot of the standards and conditions of all approvals i51>ued by
the Committee and shall be responsible for correcting any violations of any and all viohjtions of
those standards and conditions.
Section 6.4: Approval or Disapproval Process. Within 30 days after the receipt pf plans
and specifications or information with a request for approval, the Committee shall by ~jority
vote approve or disapprove the request. The Commincc may disapprove any request whiph in its
opinion does not conform to the Governing Documents and any Community Regulations iadopted
19
owr 18044S2YI I 0036)83-000004
20101004002608.021
by the Organization or its aesthetic or other adopted standards. Approval or disapproi,al of a
request shall be made upon one of the copies thereof and returned to the address showq on the
requesL If the Committee fails to approve or disapprove submitted plans and spcci$cations
within 30 days after the plans and specifications have been submitted, which submission ISball be
evidenced by a written receipt for said plans and specifications, approval will not be 'r'luired,
nnd this Section will be deemed to have been fully complied with. In this event, any sueh plans
and specifications shall nevertheless be in compliance with all the restrictions containel:i in the
Governing Documents and any Community Regulations adopted by the Organization.
Section 6.5: Advisors. The Comminee may appoint $dvisors or advisory coi,nuttees
from time to time to advise on matters penaining to the Plat. No person on the Comniiinee or
acting for it shall be responsible for any defect in any plan or specification submitted or approved
nor for any defect in any plan or specification submitted or approved nor for any defec:J in any
work done according to such plans and specifications.
Sectjon 6.6: Variations. The Committee shall have the authority to approve plans and
specifications which do not conform to these restrictions in order to overcome praclical
difficulties or prevent hardships in the application of these restrictions; provided tlJat such
variations so approved shall not be materially injurious to the improvements of other lfots and
shall not constitute a waiver of the restrictions herein contained but shall be in furtherance of the
plllJlOSCs and intent of these restrictions.
ARTICLE 7 -COMMON AREAS AND MAINTENANCE
Section 7.1: Title JO Common Awl• The Common Areas are owned by all ofl the Lot
Owners in Barbee Mill in equal undivided shares. Ownership of a share of the Common ~reas is
Indivisible from ownership of a Lot and transfer of a Lot to a new Owner automatically $"ansfers
ownership of the associated share of the undivided interest in the Common Areas to "1c new
Owner. Any attempt to traru;fer, assign or otherwise separate ownership of an intere4t in the
Common Areas from ownership of a Lot shall be null aod void. The Common Areas ~hall be
maintained by the Organization. The Board shall have the right and authority to maki: minor
adjustments in the boundaries of the Common ARas, from tlme to time, as the ~oard as
necessary and to authorize the President of the Organization to execute such documenl!l as may
be necessary to facililale such adjustments.
Section 7 .2: Owners' Common Rights. Owners shall have equal rights to I use the
Common Areas, subject to the rules that may be established by the Organization. All Cll5Cments
for ingress, egress, utilities, and use of facilities in the Common Areas, unless olherwisc
specifically limited, shall exist in favor of all OwneIS in the Plat.
ARTICLE 8 • EASEMENTS AND OPEN SPACE
Section 8.1: Consquction, Utility and Drains"" §?S!'!>nents. Easements for the
construction, repair, replacement, recollS!IUction, and maintenance of utilities and drainage
20
DWI" III04452vll OOJ6IID-000004
PLANNING DIVISION
ENVIRONMENTAL CHECKLIST
PURPOSE OF CHECKLIST:
City of Renton Planning Division
1055 South Grady Way-Renton, WA 98057
Phone: 425-430-7200 Fax: 425-430-7231
The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental
agencies to consider the environmental impacts of a proposal before making decisions. An
Environmental Impact Statement (EIS) must be prepared for all proposals with probable
significant adverse impacts on the quality of the environment. The purpose of this checklist is
to provide information to help you and the agency identify impacts from your proposal (and to
reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide
whether an EIS is required.
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic information about your proposal.
Governmental agencies use this checklist to determine whether the environmental impacts of
your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,
with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In
most cases, you should be able to answer the questions from your own observations or project
plans without the need to hire experts. If you really do not know the answer, or if a question
does not apply to your proposal, write "do not know" or "does not apply". Complete answers
to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark
designations. Answer these questions if you can. If you have problems, the governmental
agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a
period of time or on different parcels of land. Attach any additional information that will help
describe your proposal or its environmental effects. The agency to which you submit this
checklist may ask you to explain your answers or provide additional information reasonably
related to determining if there may be significant adverse impact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS:
Complete this checklist for nonproject proposals, even though questions may be answered
"does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT
ACTIONS (part D).
For nonproject actions (actions involving decisions on policies, plans and programs}, the
references in the checklist to the words "project," "applicant," and "property or site" should be
read as "proposal," "proposer," and "affected geographic area," respectively.
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A. BACKGROUND
1. Name of proposed project, if applicable: DiCerchio Pier
2. Name of applicant: Richard DiCerchio
3. Address and phone number of applicant and contact person:
Applicant: Richard DiCerchio
4005 Williams Ave. N
Renton, WA 98056
425-922-3745
Contact Person: Evan Wehr -ecco design inc.
203 N 361h Street Suite 201
Seattle, WA 98103
206-706-3937
4. Date checklist prepared: August 19, 2014
5. Agency requesting checklist: City of Renton
6. Proposed timing or schedule (including phasing, if applicable): Winter 2014
7. Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain. No.
8. List any environmental information you know about that has been prepared, or will be
prepared, directly related to this proposal. A Biological Evaluation was prepared by
Marine Surveys and Assessments to assess impacts to listed species and/or critical
habitat for the project.
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
None are known.
10. List any governmental approvals or permits that will be needed for your proposal, if
known. Letter of Permission from the Army Corps of Engineers. SOP, SEPA review,
and building permit from the City of Renton. HPA from the Washington Department
of Fish and Wildlife.
11. Give brief, complete description of your proposal, including the proposed uses and the
size of the project and site. Construct new pier, install two mooring piles, install two
new boat lifts, and install a translucent canopy.
12. Location of the proposal. Give sufficient information for a person to understand the
precise location of your proposed project, including a street address, if any, and section,
township, and range if known. If a proposal would occur over a range of area, provide
the range or boundaries of the site(s). Provide a legal description, site plan, vicinity
map, and topographic map, if reasonably available. While you should submit any plans
required by the agency, you are not required to duplicate maps or detailed plans
submitted with any permit applications related to this checklist. 4005 & 4011 Williams
Ave.Nin Renton, WA 98056. Section: NWl/4 32 Town: 24N Range: SE
B. ENVIRONMENTAL ELEMENTS
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1. EARTH
a. General description of the site (circle one); flat. rolling, hilly, steep slopes,
mountainous, other ______ _
b. What is the steepest slope on the site (approximate percent slope?) The site is
relatively flat with the steepest slope along the shoreline being approximately
40%.
c. What general types of soils are found on the site (for example, clay, sand, gravel,
peat, muck)? If you know the classification of agricultural soils, specify them and
note any prime farmland. Sand, gravel, and silt.
d. Are there surface indications or history of unstable soils in the immediate
vicinity? If so, describe. No.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill. No filling or grading is proposed.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally
describe. No.
g. About what percent of the site will be covered with impervious surfaces after
project construction (for example, asphalt or buildings)? There will be no
change to the amount of impervious surfaces.
h. Proposed measures to reduce or control erosion, or other impacts to the earth,
if any: None proposed.
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate quantities
if known. Low levels of emissions from boat traffic.
b. Are there any off-site sources of emission or odor that may affect your
proposal? If so, generally describe. No.
c. Proposed measures to reduce or control emissions or other impacts to air, if
any: None.
3. WATER
a. Surface Water:
1) Is there any surface water body on or in the immediate vicinity of the site
(including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)?
If yes, describe type and provide names. If appropriate, state what stream or
river it flows into. The work will occur in Lake Washington.
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2) Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans. The pier,
boat lifts, and canopies will be constructed on Lake Washington.
3) Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected. Indicate the source of fill material. None.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known. No.
5) Does the proposal lie within a 100-year flood plain? If so, note location on the
site plan. Yes.
6) Does the proposal involve any discharges of waste materials to surface waters?
If so, describe the type of waste and anticipated volume of discharge. No.
b. Ground Water:
1) Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if known. No.
2) Describe waste material that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals ... ; agricultural; etc.). Describe the general
size of the system, the number of such systems, the number of houses to be
served (if applicable), or the number of animals or humans the system(s) are
expected to serve. None.
c. Water Runoff (including storm water):
1) Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow into other waters, If so, describe. N/A
2) Could waste material enter ground or surface waters? If so, generally describe.
Construction debris could enter surface waters.
d. Proposed measures to reduce or control surface, ground, and runoff water
impacts, if any: A containment boom will be placed around the construction
area to contain debris.
4. PLANTS
a. Check or circle types of vegetation found on the site:
_X_ deciduous tree: alder, maple, aspen, other
_X_ evergreen tree: fir, cedar, pine, other
b.
_x_ shrubs
_X_ grass
__ pasture
__ crop or grain
__ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
__ water plants: water lily, eel grass, milfoil, other
__ other types of vegetation
What kind and amount of vegetation will be removed or altered? None.
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06109
c. List threatened or endangered species known to be on or near the site. None
know.
d. Proposed landscaping, use of native plants, or other measures to preserve or
enhance vegetation on the site, if any: Twenty-two native shrubs will be
planted as mitigation.
5. ANIMALS
a. Circle any birds and animals, which have been observed on or near the site or
are known to be on or near the site:
Birds: hawk. heron, eagle. songbirds, other ________ _
Mammals: deer, bear, elk, beaver, other ~-~-------Fish: bass, salmon, trout. herring, shellfish, other ______ _
b. List any threatened or endangered species known to be on or near the site.
Chinook salmon, bull trout, and steelhead.
c. Is the site part of a migration route? If so, explain Juvenile salmonids migrate
along the lake shoreline.
d. Proposed measures to preserve or enhance wildlife, if any: Work will take place
during the appropriate work window of July 16th through December 31'1
•
6. ENERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to
meet the completed project's energy needs? Describe whether it will be used
for heating, manufacturing, etc. Solar and electric.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe. No.
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if
any: None.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur
as a result of this proposal? If so, describe. No.
1) Describe special emergency services that might be required. None.
2) Proposed measures to reduce or control environmental health hazards, if any:
None.
b. Noise
1) What types of noise exist in the area which may affect your project (for
example: traffic, equipment, operation, other)? None known.
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2) What types and levels of noise would be created by or associated with the
project on a short-term or a long-term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site. Short-
term: Elevated levels of noise from pile driving and construction.
Long term: Low levels of noise from boating.
3) Proposed measures to reduce or control noise impacts, if any: Work will take
place only during appropriate work hours.
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties? The site and
adjacent properties are residential.
b. Has the site been used for agriculture? If so, describe. No.
c. Describe any structures on the site. An existing house.
d. Will any structures be demolished? If so, what? No.
e. What is the current zoning classification of the site? R-10
f. What is the current comprehensive plan designation of the site? COR
g. If applicable, what is the current shoreline master program designation of the
site? Urban
h. Has any part of the site been classified as an "environmentally sensitive" area?
If so, specify. Yes, Lake Washington.
i. Approximately how many people would reside or work in the completed
project? None.
j. Approximately how many people would the completed project displace? None.
k. Proposed measures to avoid or reduce displacement impacts, if any: None.
I. Proposed measures to ensure the proposal is compatible with existing and
projected land uses and plans, if any: None.
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether
high, middle, or low-income housing. None.
b. Approximately how many units, if any, would be eliminated? Indicate whether
high, middle, or low-income housing. None.
c. Proposed measures to reduce or control housing impacts, if any: None.
10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including antennas;
what is the principal exterior building material(s) proposed. The canopy will be
eleven feet above the ordinary high water mark.
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b. What views in the immediate vicinity would be altered or obstructed? No.
c. Proposed measures to reduce or control aesthetic impacts, if any: None.
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur? None.
b. Could light or glare from the finished project be a safety hazard or interfere with
views? No.
c. What existing off-site sources of light or glare may affect your proposal? None.
d. Proposed measures to reduce or control light and glare impacts, if any: None.
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate
vicinity? Boating and fishing.
b. Would the proposed project displace any existing recreational uses? If so,
describe. No.
c. Proposed measures to reduce or control impacts on recreation, including
recreation opportunities to be provided by the project or applicant, if any:
None.
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national state, or local
preservation registers known to be on or next to the site? If so, generally
describe. No.
b. Generally describe any landmarks or evidence of historic, archaeological,
scientific, or cultural importance known to be on or next to the site. None
known.
c. Proposed measures to reduce or control impacts, if any: None.
14. TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed
access to the existing street system. Show on site plans, if any. The site is
accessed by Lake Washington Blvd. N just west of 1-405.
b. Is site currently served by public transit? If not, what is the approximate
distance to the nearest transit stop? 8/10ths of a mile.
c. How many parking spaces would the completed project have? How many would
the project eliminate? No change.
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d. Will the proposal require any new roads or streets, or improvements to existing
roads or streets, not including driveways? If so, generally describe (indicate
whether public or private? No.
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe. Boat traffic on Lake Washington.
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur. None.
g. Proposed measures to reduce or control transportation impacts, if any: None.
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example:
fire protection, police protection, health care, schools, other)? If so, generally
describe. No.
b. Proposed measures to reduce or control direct impacts on public services, if any.
None.
16. UTILITIES
a. Circle utilities currently available at the site: electricity. natural gas. water,
refuse service. telephone. sanitary sewer. septic system, other.
b. Describe the utilities that are proposed for the project. the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed. None.
C. SIGNATURE
I. the undersigned, declare under penalty of perjury under the laws of the State of
Washington that to the best of my knowledge the above information is true, correct.
and complete. It is understood that the lead agency may withdraw any declaration of
non-significance that it might issue in reliance upon this checklist should there be any
willful misrepresentation or willful lack of full disclosure on my part.
Proponent Signature: ---i&=..,,_~c.;=------'""'~<.....:'------'=--------
Name Printed: C ve. 1:1 11 kb v-
Date:
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D. SUPPLEMENTAL SHEETS FOR NONPROJECT ACTIONS
(These sheets should only be used for actions involving decisions on policies, plans and
ro rams. You do not need to fill out these sheets for ro·ect actions.
Because these questions are very general, it may be helpful to read them in conjunction
with the list of the elements ofthe environment.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity
or at a faster rate than if the proposal were not implemented. Respond briefly and in
general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air;
production, storage, or release of toxic or hazardous substances; or production of
noise?
Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Proposed measures to protect or conserve plants, animals, fish, or marine life
are:
3. How would the proposal be likely to deplete energy or natural resources?
Proposed measures to protect or conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as
parks, wilderness, wild and scenic rivers, threatened or endangered species habitat,
historic or cultural sites, wetlands, flood plains, or prime farmlands?
Proposed measures to protect such resources or to avoid or reduce impacts are:
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
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Proposed measures to avoid or reduce shoreline and land use impacts are:
6. How would the proposal be likely to increase demands on transportation or public
services and utilities?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws
or requirements for the protection of the environment.
SIGNATURE
I, the undersigned, declare under penalty of perjury under the laws of the State of
Washington that to the best of my knowledge the above information is true, correct,
and complete. It is understood that the lead agency may withdraw any declaration of
non-significance that it might issue in reliance upon this checklist should there be any
willful misrepresentation or willful lack of full disclosure on my part.
Proponent Signature:----------------
Name Printed:
Date:
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AL TA COMMITMENT FOR TITLE INSURANCE
Commitment Number:
CHICAGO TITLE 1241248-RBG
CO>'!PANY OF WASHlliGTO:'."i
CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to
issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon
payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A
and Band to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when
the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or
policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be
affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned By:
Authorized Officer or Agent
Copyright American Land Title Association. All rights reserved.
Chicago Title Insurance Company
By:
President
Attest:
Secretary
-~°'.!!_R_IC AN
lANIJ fl 11.l
The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association. "
AL TA Commitment (Adopted: 06.17.2006}
Page 1
Printed: 06.03.14@ 03:31PM
WA-CT -F NS E-02150 .624669-SPS-1-14-1241246-R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO 1241248-RBG
ISSUING OFFICE: FOR SETILEMENT INQUIRIES, CONTACT:
Title Officer: Regional Builder Group Escrow Officer: Karen Kirkwood
Chicago Title Company of Washington Chicago Title Company of Washington
701 5th Avenue, Suite 2300 11411 NE 124thSt. Building A, Suite260
Seattle, WA 98104 Kirkland, WA 98034
Main Phone: (206)628-5603 Phone: (425)602-0911 Fax: (866)275-9830
Email: Robert.Gatchel@ctt.com Main Phone: (425)897-5501
Email: Karen.Kirkwood""ctt.com
SCHEDULE A
ORDER NO. 1241248-RBG
1. Effective Date: May 29. 2014 at 08:00AM
2. Policy or (Policies) to be issued:
a. AL TA Owne(s Policy 2006
Proposed Insured: Richard DiCerchio and Christine D. DiCerchio, husband and wife
Policy Amount: $3,000,000.00
Premium:
Tax:
Total:
b. ALT A Loan Policy 2006
Proposed Insured: To Be Detemnined
Policy Amount: To Be Detemnined
Premium:
Tax:
Total:
$
$
$
1,436.00
136.42
1,572.42
To Be Determined
To Be Determined
To Be Detemnined
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
4. Title to the estate or interest in the land is at the Effective Date vested in:
Barbee Mill Waterfront, LLC, a Washington limited liability company
5. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATIACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
-AMUtlCAN
LAND rn'LC
~\1<.KIA110~
AL TA Commitment (Adopted: 06 17.2006)
Page2
Printed: 06.03.14@ 03:32PM
WA-CT -FNSE-02150. 624669-S P S-1-14-1241246-RBG
EXHIBIT "A"
Legal Description
Lot 48, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39,
inclusive, in King County, Washington;
Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of
said plat;
And also together with an easement across Lot 47 for ingress, egress and utilities as delineated on the
face of said plat.
Copyright American Land Title Association. All rights reserved. \MflUCA!•,I
lANf1 11111
AIIO( i.,TL<lN
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use .
All other uses are prohibited. Reprinted under license from the American Land Title Association. .,,~
~
AL TA Commitment {Adopted: 06 17 2006)
Page 3
Printed: 06.03.14@ 03:32PM
WA-CT -FN SE-02150. 624669-S P S-1-14-1241248-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241248-RBG
SCHEDULE B
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
GENERAL EXCEPTIONS
A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.
C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the
Public Records.
D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the
Public Records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public
Records.
F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for
sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the
Public Records.
G. Unpatented mining claims, and all rights relating thereto.
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims or title to water.
K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public
Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
-AMr.RICA.N
LANIJTTi_.Li
'>'-l(l~TION
AL TA Commitment (Adopted: 06.17.2006)
Page4
Printed: D6.03.14@03:32PM
WA-CT -FNSE-02150.624669-SP S-1-14-1241248-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241248-RBG
SPECIAL EXCEPTIONS
SCHEDULE B
(continued)
1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to
the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill:
Recording No 20080208000182
Said instrument contains provision for bearing the cost of maintenance of Tract Kand the easement on Lot 47 by
the users.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
Comcast of Washington IV, Inc.
Broadband communication system
December 24, 2007
20071224000192
as described in said instrument
3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
Barbee Mill Co. Inc.
Ingress, egress and other purposes
August 14, 2008
20080814000714
as described in said instrument
Said easement is a re-recording of easement recorded under recording no. 20060929003429.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
Barbee Mill Co. Inc., a Washington corporation
Compliance monitoring wells
June 27, 2008
20080627001002
as described in said instrument
Said easement is a re-recording of easement recorded under recording no. 20080519002006.
Copyright American Land Tltle Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
-1\1,HRICA.:s;
L~:-lll fllU
AL TA Commitment (Adopted: 06.17.2006)
Page 5
Printed: 06.03.14@ D3:32PM
WA-CT -FN SE-02150 _ 624669-S P S-1-14-1241248-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241248-RBG
SCHEDULE B
(continued)
5. Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores,
minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such
rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of
such entry
Grantor: State of Washington
Recording No.: 467141
6. Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or
restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation,
familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender
identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document
Recording Date:
Recording No.:
July 13, 2010
20100713000747
Said instrument is a restated and amended declaration of covenants, conditions and restrictions for Barbee Mill,
recorded under recording nos. 20080208000183 and 20080613001522.
7. Enviromental covenant and the terms and conditions thereof:
Recording Date:
Recording No.:
Affects:
June 6, 2008
20080606001208
entire plat
8. Agreement Release of Damage
Executed by:
Recording Date:
Recording No.:
Clarissa D. Colman and United States of America
October 24, 1906
429598
Releasing United States of America from all future claims for damages resulting from:
Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the
water level of Lake Washington.
9. Agreement
Executed by:
Recording Date:
Recording No.:
Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC
September 29, 2006
20060929003431
Amended and/or modification:
Recording Date:
Recording No.:
August 14, 2008
20080814000715
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
-AM~RICAt's
LAND fl I LC
A,lcX!'1if>N
Al TA Commitment (Adopted: 06.17.2006)
Page 6
Printed: 06.03.14@ 03:32PM
WA-CT -FN SE .02150 .624669-SP S-1-14-1241248-R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG
10. Agreement
SCHEDULE B
(continued)
Executed by: Conner Homes at Barbee Mill, LLC, a Washington limited liability company and City of
Renton, a non charter code city
Recording Date: October 3, 2011
Recording No.: 20111003000168
11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or
riparian owners to use any portion which is now or was formerly covered by water.
12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the
production of power.
13. Not withstanding paragraph 4 of the insuring clauses of the policy, the
access coverage referenced in said paragraph 4 is limited to the access
allowed in any crossing permit which may be required by the owner of
the adjoining railroad right of way (or fonmer railroad right of way),
subject to the tenms, conditions and provisions therein.
14. Payment of the real estate excise tax, if required.
The Land is situated within the boundaries of the local taxing authority.
Present rate of real estate excise tax as of the date herein is 1.78%.
Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The
applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance
documents.
15. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half
delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year:
Tax Account No.:
Levy Code:
Assessed Value-Land:
Assessed Value-Improvements:
General and Special Taxes:
2014
051850-0480-03
2100
$1,156,000.00
$
Billed:
Paid:
Unpaid:
$14,984.59
$ 7,492.30
$ 7,492.29
Copyright American Land Title Association. All rights reserved. -A).HR.IC,\:S'
LA'iD T!TU
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of lhe date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment {Adopted: 06 17.2006)
Page?
Printed 06.03.14 @03:32PM
WA-CT-F NSE-02150 .624669-S P S-1-14-1241248-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG
SCHEDULE B
(continued)
16. It appears that improvements are located on the Land but are not presently assessed. Supplemental taxes may
appear on future tax rolls.
17. Please be advised that our search did not disclose any open mortgages of record. If you should have knowledge
of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
18. The Company will require the following documents for review prior to the issuance of any title assurance
predicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: Barbee Mill Waterfront, LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto
with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members
certified by the appropriate manager or member.
d. If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the
Company that it was validly formed, is in good standing and authorized to do business in the state of
origin.
e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish
evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
19. Your application for title insurance was placed by reference to only a street address or tax identification
number. Based on our records, we believe that the legal description in this report covers the parcel(s) of
Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company
and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of
Land will appear on any documents to be recorded in connection with this transaction and on the policy
of title insurance.
END OF EXCEPTIONS
NOTES
The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for
loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or
are not matters covered under the insuring provisions of the policy.
Note A: To provide an extended coverage lender's policy, general exceptions A through D may be eliminated or
limited after an inspection of the Land and/or review of the survey, if required, is completed.
-Copyright American Land Title Association. All rights reserved.
A,\HRICAN
LAN or1~1·.:;:
Al~OCl~IIO,~
The use of this Form is restricted to ALTA licensees and Al TA members in good standing as of the date of use.
Al1 other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment (Adopted: 06.17.2006)
Page B
Printed: 06.03.14@ 03:32PM
WA-CT-FNSE-02150. 624669-SPS-1-14-1241248-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG
Note B:
Note C:
Note D:
Note E:
Note F:
SCHEDULE B
(continued)
Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this
report, are as follows:
Grantor:
Grantee:
Recording Date:
Recording No.:
Conner Homes at Barbee Mill, LLC, a Washington limited liability company
Barbee Mill Waterfront, limited liability company
May 22, 2012
20120522001566
Note: The Company finds no matters against the name(s) of Richard DiCerchio and Christine D.
DiCerchio in the King County Public Records which would appear as exceptions in the policy.
Note: The Public Records indicate that the address of the improvement located on said Land is as
follows:
4005 Williams Avenue North
Renton, WA 98056
Note: FOR INFORMATIONAL PURPOSES ONL y
The following may be used as an abbreviated legal description on the documents to be recorded, per
Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal
description within the body of the document:
Lot(s): 48 Barbee Mill
Tax Account No.: 051850-0480-03
Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein
with reference to streets and other land. No liability is assumed by reason of reliance thereon.
END OF NOTES
END OF SCHEDULE B
-,\M~RIC,\N
Copyright American Land Title Association. All rights reserved. LAND fl I U
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment (Adopted: 06.17.2006)
Page 9
Printed: 06.03.14@ 03:32PM
WA-CT-FNSE-02150.624669-SPS-1-14-1241248-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241248-RBG
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed. or other security instrument.
2. If the proposed lnsured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or
interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge
to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance. adverse claim or other matter, the
Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of
Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply
with the requirements hereof. or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage
thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for lhe policy or policies committed
for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any
action or actions or rights of action that the proposed Insured may have or may bring against lhe Company arising out of the status of the title to
the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules
at http://w!Nw.alta.org.
END OF CONDITIONS
Copyright American Land Title Association. All rights reserved. -AMERICAN
LANO l"IIU
~lltKl\11,,N
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment (Adopted: 06.17.2006)
Page 10
Printed: 06.03.14 @03:32PM
WA-CT-FNSE-02150. 624669-SP S-M 4· 1241248-RBG
RECORDING REQUIREMENTS
Effective January 1, 1997, document format and content requirements have been imposed by Washington Law.
Failure to comply with the following requirements may result in rejection of the document by the county recorder or
imposition of a $50.00 surcharge.
First page or cover sheet:
3" top margin containing nothing except the return address.
1" side and bottom margins containing no markings or seals.
Title(s) of documents.
Recording no. of any assigned, released or referenced document(s).
Granters names (and page no. where additional names can be found).
Grantees names (and page no. where additional names can be found).
Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section
for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must
also appear in the body of the document.
Assessor's tax parcel number(s).
Return address (in top 3" margin).
**A cover sheet can be attached containing the above format and data if the first page does not contain all
required data.
Additional Pages:
1" top, side and bottom margins containing no markings or seals.
All Pages:
No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals
must be smudged for visibility. Font size of 8 points or larger.
Recording Requirements
WA0000924.doc / Updated 03.26.14 Page 11
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WA-CT-FNSE-02150.620780-1241248-RBG
Order No.: 1241248-RBG--KK
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
Effective: January 24, 2014
Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively,
"FNF". "our" or ''we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes
your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps
to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice.
This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection
through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice
is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information
collected and/or owned by any entity other than FNF.
Collection and Use of Information
The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information
(e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet
protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other
government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions.
In the course of our business, we may collect Personal Information about you from the following sources:
• Applications or other forms we receive from you or your authorized representative;
• Information we receive from you through the Website;
• Information about your transactions with or services performed by us, our affiliates, or others; and
• From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others.
Information collected by FNF is used for three main purposes:
• To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining
services on your behalf or in connection with a transaction involving you.
• To improve our products and services that we perform for you or for Third Parties.
• To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services.
Additional Ways Information is Collected Through the W9b5itg
Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor.
This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time
spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address
reveal nothing personal about the user other than the IP address from which the user has accessed the Website.
Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent
to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on
subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A
cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of,
among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to
the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of
the Website may be impaired or not function as intended. See the Third Party Opt Out section below.
Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known
as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information lhat includes a cookie number; time
and date of a page view; and a description of lhe page on which the Web Beacon resides. We may also carry Web Beacons placed by third
party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities
associated with the Website. See the Third Party Opt Out section below.
Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this infom,ation to
gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and
some of the electronic communications you receive from us. We keep this information for our internal use. and this infomiation is not shared
with others.
Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect
certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click
stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order
to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third
party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to
and use non-personalized information about your online usage activity.
Privacy Statement
WA0000924.doc I Updated: 03.26.14 Page 12
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WA-CT-FNSE-02150.620780-1241248-RBG
PRIVACY NOTICE
(continued)
You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive
advertisements. but those advertisements will no longer be as relevant to you.
• You can opt-out via the Network Advertising Initiative industry opt-out at http:llwww.networkadvertising.org/.
You can opt-out via the Consumer Choice Page at www.aboutads.info.
• For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com.
• You can configure your web browser (Chrome, Firefox, Internet Explorer. Safari, etc.) to delete and/or control the use of cookies.
More information can be found in the Help system of your browser. Note: If you opt-out as described above. you should not delete your
cookies. If you delete your cookies, you wilt need to opt-out again.
When Information Is Disclosed By FNF
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict
these disclosures. Disclosures may include, without limitation, the following:
• To agents, brokers, representatives, or others 10 provide you with services you have requested, and to enable us to detect or prevent
criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf;
• To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders;
and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must
be determined, settled, paid or released prior to a title or escrow closing.
In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in
the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice;
(3) respond to claims that any materials. documents, images, graphics, logos, designs, audio, video and any other information provided by
you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public.
We maintain reasonable safeguards to keep the Personal Information that is disclosed lo us secure. We provide Personal Information and
non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such
information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on
servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice
or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate
confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own
Privacy Notice. We do not. however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others
without your consent, in conformity with applicable law. unless such disclosure is otherwise permitted by law.
We also reserve the right to disclose Personal Information and/or non-Personal Information to take precautions against liability, investigate
and defend against any third-party claims or allegations, assist government enforcement agencies. protect the security or integrity of the
Website. and protect the rights, property, or personal safety of FNF, our users or others.
We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of
all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal
Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment
for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information
in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will
not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that
is disclosed to us.
Information from Children
We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not
intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice.
In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE
UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily
given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited
communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while
using the Internet.
Privacy Outside the Website
The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be
responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable
organizations and companies. and except for third party service providers whose services either we use or you voluntarily elect to utilize, we
do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may
share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their
privacy policies and your rights under them.
Privacy Statement
WA0000924.doc / Updated: 03.26. 14 Page 13
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PRIVACY NOTICE
(continued)
European Union Users
If you are a citizen of the European Union, please note that we may transfer your Personal tnformalion outside the European Union for use for
any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection
and such transfer of your Personal Information in accordance with this Privacy Notice.
Choices with Your Personal Information
Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case
FNF may not be able to provide certain services or products to you.
You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out
of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally
collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice.
Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy
Notice, you may elect to opt oul of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above,
there are some uses from which you cannot opt-out.
Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being
hired as an employee by FNF to the extent that provision of your Personal Information is required 10 apply for an open position.
If FNF collects Personal Information from you, such information will nol be disclosed or used by FNF for purposes that are incompatible with
the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such
disclosure and use.
You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That
Information Is Collected Through the Website," subsection "Third Party Opt Out."
Access and Correction
To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us
in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be
accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by
applicable privacy legislation.
Your California Privacy Rights
Under California's "Shine the Light" Jaw, California residents who provide certain personally identifiable information in connection with
obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year
information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this
information would include the categories of customer information and the names and addresses of those businesses with which we shared
customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing
activities).
To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy
Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in
response.
Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will
be included in our response.
Additionally, because we may collect your Personal Information from lime to time, California's Online Privacy Protection Act requires us to
disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not
track" requests from Internet browsers and similar devices.
Your Consent to This Privacy Notice
By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise
see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to
change this Privacy Notice, we will make an effort to post those changes on the Website. Each lime we collect infonnation from you following
any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information
and information collected from you in the future. We may use comments. information or feedback that you may submit in any manner that we
may choose without notice or compensation to you.
If you have additional questions or comments, please let us know by sending your comments or requests to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
(888) 934-3354
privacy@fnf.com
Copyright© 2014. Fidelity National Financial, Inc. All Rights Reserved.
EFFECTIVE AS OF: JANUARY 24, 2014 / LAST UPDATED: JANUARY 24, 2014
Privacy Statement
WA0000924.doc/ Updated: 03.26.14 Page 14
Printed: 06.03.14@ 03:32PM by RG
WA-CT~FNSE-02150.620780-1241248-RBG
CHICAGO TITLE
COMP,\..'\J"Y OF WASHD\GTOI\"
Order No.: 1241248-RBG
Property: 4005 Williams Ave N
Renton, WA 98056
I SELLER(S)
Barbee Mill Waterfront, LLC
BUYER/BORROWER($)
Richard DiCerchio and Christine D. DiCerchio
LISTING AGENT
Conner Real Estate Group
846108th Avenue N.E., #202
Bellevue, WA 98004
Phone: (425)455-9280
Fax: (425)462-0426
SELLING AGENT
Windermere Real Estate
3933 Lake Washington Blvd NE, Suite 100
Kirkland, WA 98033
Phone: (425)822-5100
Fax: (425)827-3400
SELLING AGENT
Windermere Real Estate
3933 Lake Washington Blvd NE, Suite 100
Kirkland, WA 98033
Phone: (425)822-5100
Fax: ( 425)827-3400
ESCROW
Chicago Title Company of Washington
11411 NE 124th St. Building A, Suite 260
Kirkland, WA 98034
Phone: ( 425)897-5501
Fax: (866)275-9830
BUILDER
Conner Homes
846 108th Ave. NE, Suite 202
Bellevue, WA 98004
Phone: (425)455-9280
Fax: ( 425)462-0426
701 5th Avenue, Suite 2300
Seattle, WA 981 04
Phone: (206)628-56031 Fax: (206)628-9717
Main Contact: Site Agent
Main Contact: Anna Riley
Phone: (425)822-5100
Cell: (425)761-8836
Email: anna@westbellevue.com
Main Contact: Daniel Breilh
Phone: (425)753-2402
Email: daniel@westbellevue.com
Escrow Officer: Karen Kirkwood
Phone: (425)602-0911
Fax: (866)275-9830
Email: Karen.Kirkwood@ctt.com
Main Contact: Cassie Beaudry
Email: cassieb@connerhomes.com
Thank You for specifying Chicago Title Company of Washington
Commitment Distribution letter
WA0000924.doc/ Updated: 03.26.14 Page 15
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WA-CT -FN SE-02150. 620780-1241248-R BG
Commitment Distribution Letter
WA0000924.doc/ Updated: 03.26.14
Your transaction is important to us.
Page 16
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WA-CT -FNSE-02150 .620780-1241248-RBG
ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:
CHICAGO TITLE 1241247-RBG
COMPANY OF WASHIJ\GTON
CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation ("Company"), for a valuable consideration, commits to
issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon
payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A
and Band to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when
the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or
policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be
affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned By:
Authorized Officer or Agent
Copyright American Land Title Association. All rights reserved.
Chicago Title Insurance Company
By:
President
Attest:
Secretary
-AMERICAt,;
lMsiDTlrU
AS~OCIATlON
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment (Adopted: 06.17.2006)
Page 1
Printed: 08.07.14@ 11:01AM
WA-CT-F NS E-02150. 624669-SPS-1-14-124124 7-R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
ISSUING OFFICE: FOR SETILEMENT INQUIRIES, CONTACT:
Title Officer: Regional Builder Group Escrow Officer: Karen Kirkwood
Chicago Title Company of Washington Chicago Title Company of Washington
701 5th Avenue, Suite 2300 11411 NE 124th St. Building A, Suite 260
Seattle, WA 98104 Kirkland, WA 98034
Main Phone: (206)628-5603 Phone: (425)602-0911 Fax: (866)275-9830
Email: Robert.Gatchel@ctt.com Main Phone: (425)897-5501
Email: Karen.Kirkwood""ctt.com
SCHEDULE A
ORDER NO. 1241247-RBG
1. Effective Date: August 1, 2014 at 08:00AM
2. Policy or (Policies) to be issued:
a. AL TA Owner's Policy 2006
Proposed Insured: Peng Jiang, Presumptively subject to the community interest of his/her spouse or registered
domestic partner, if married or a registered domestic partner
Policy Amount: $2,399,000.00
Premium:
Tax:
Total:
b. AL TA Loan Policy 2006
Proposed Insured: To Be Determined
Policy Amount: To Be Determined
Premium:
Tax:
Total:
$
$
$
1,218.00
115.71
1,333.71
To Be Determined
To Be Determined
To Be Determined
3. The estate or interest in the land described or referred to in this Commitment is:
Fee Simple
4. Title to the estate or interest in the land is at the Effective Date vested in:
Barbee Mill Waterfront, LLC, a Washington limited liability company
5. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMEfl:~<_;:_~~
L.4.ND TITL[
AHO(:UTION
ALT A Commitment (Adopted: 06.17.2006)
Page2
Printed: 08.07.14@11:01AM
WA-CT-FNSE-02150.62466G-S PS-1-14-1241247-RBG
EXHIBIT "A"
Legal Description
Lot 47, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39,
inclusive, in King County, Washington;
Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of
said plat
Copyright American Land Title Association. All rights reserved. -AMfRICAN
LAND TITLE
AiWCl>.11{''-
The use of this Fann is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Commitment (Adopted: 06.17.2006)
Page 3
Printed: 08.07.14@ 11:01AM
WA-CT-FNSE-02150. 624669-SPS-1-14-124124 7 -RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
SCHEDULE B
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
GENERAL EXCEPTIONS
A Rights or claims of parties in possession, or claiming possession, not shown by the Public Records.
B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.
C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the
Public Records.
D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the
Public Records.
E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public
Records.
F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for
sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the
Public Records.
G. Unpatented mining claims, and all rights relating thereto.
H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof.
I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
J. Water rights, claims or title to water.
K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public
Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires
of record for value the estate or interest or mortgage thereon covered by this Commitment.
Copyright American Land Title Association. All rights reserved. ~_!~RICAN
LAND TIHI
/,,l~OCIAT!ON
The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Commitment {Adopted: 06.17.2006)
Page4
Printed: 08.07.14@11:01AM
WA-CT-FNSE-02150 .624669-SPS-1-14-1241247-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT N0.1241247-RBG
SPECIAL EXCEPTIONS
SCHEDULE B
(continued)
1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability,
handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to
the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill:
Recording No: 20080208000182
Said instrument contains provision for bearing the cost of maintenance of Tract Kand the easement on Lot 47 by
the users.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
Comcast of Washington IV, Inc.
Broadband communication system
December 24, 2007
20071224000192
as described in said instrument
3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
Barbee Mill Co. Inc.
Ingress, egress and other purposes
August 14, 2008
20080814000714
as described in said instrument
Said easement is a re-recording of easement recorded under recording no. 20060929003429.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No.:
Affects:
Barbee Mill Co. Inc., a Washington corporation
Compliance monitoring wells
June 27, 2008
20080627001002
as described in said instrument
Said easement is a re-recording of easement recorded under recording no. 20080519002006.
Copyright American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
/\ME RICAN
l ~ND 'fl fl [
ASSOCIA"r\ON
ALT A Commitment (Adopted: 06.17.2006)
Pages
Printed: 08.07.14@ 11:01AM
WA-CT-FNSE-02150 .624669-SPS-1-14-1241247 -R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
SCHEDULE B
(continued)
5. Exceptions and reservations contained in deed whereby the granter excepts and reserves all oil, gases, coal, ores,
minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such
rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of
such entry
Granter: State of Washington
Recording No.: 467141
6. Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or
restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation,
familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender
identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal
laws, except to the ex1ent that said covenant or restriction is permitted by applicable law, as set forth in the
document
Recording Date:
Recording No.:
July 13, 2010
20100713000747
Said instrument is a restated and amended declaration of covenants, conditions and restrictions for Barbee Mill,
recorded under recording nos. 20080208000183 and 20080613001522.
7. Enviromental covenant and the terms and conditions thereof:
Recording Date:
Recording No.:
Affects:
June 6, 2008
20080606001208
entire plat
8. Agreement Release of Damage
Executed by:
Recording Date:
Recording No.:
Clarissa D. Colman and United States of America
October 24, 1906
429598
Releasing United States of America from all future claims for damages resulting from:
Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the
water level of Lake Washington.
9. Agreement
Executed by:
Recording Date:
Recording No.:
Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC
September 29, 2006
20060929003431
Amended and/or modification:
Recording Date:
Recording No.:
August 14, 2008
20080814000715
Copyright American Land Title Association. All rights reserved.
The use of this Fonn fs restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AMERICAN
lAN12._!l_!_l_E
AIIOCIAIION
ALT A Commitment (Adopted: 06.17.2006)
Pages
Printed: 08.07.14@11:01AM
WA-CT-FNSE-02150.624669-SPS-1-14-124124 7 -R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
10. Agreement
SCHEDULE B
(continued)
Executed by: Conner Homes at Barbee Mill, LLC, a Washington limited liability company and City of
Renton, a non charter code city
Recording Date: October 3, 2011
Recording No.: 20111003000168
11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or
riparian owners to use any portion which is now or was formerly covered by water.
12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the
production of power.
13. Not withstanding paragraph 4 of the insuring clauses of the policy, the
access coverage referenced in said paragraph 4 is limited to the access
allowed in any crossing permit which may be required by the owner of
the adjoining railroad right of way (or fonmer railroad right of way),
subject to the tenms, conditions and provisions therein.
14. Payment of the real estate excise tax, if required.
The Land is situated within the boundaries of the local taxing authority.
Present rate of real estate excise tax as of the date herein is 1. 78%.
Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The
applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance
documents.
15. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half
delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year:
Tax Account No.:
Levy Code:
Assessed Value-Land:
Assessed Value-Improvements:
General and Special Taxes:
2014
051850-0470-05
2100
$672.,000.00
$
Billed:
Paid:
Unpaid:
$9,583.64
$4,791.82
$4,791.82
16. It appears that improvements are located on the Land but are not presently assessed. Supplemental taxes may
appear on future tax rolls.
Copyright American Land Title Association. All rights reserved. -,\MEIUCAN
!AND rnu
A!<OCIHION
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Al TA Commitment (Adopted: 06.17.2006)
Page?
Printed: 08.07.14@ 11:01AM
WA-CT-F NS E-02150. 624669-SPS-1-14-1241247-R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
SCHEDULE B
(continued)
17. Please be advised that our search did not disclose any open mortgages of record. If you should have knowledge
of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.
18. The Company will require the following documents for review prior to the issuance of any title assurance
predicated upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: Barbee Mill Waterfront, LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto
with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members
certified by the appropriate manager or member.
d. If the Limited Liability Company was fomned in a foreign jurisdiction, evidence, satisfactory to the
Company that it was validly formed, is in good standing and authorized to do business in the state of
origin.
e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish
evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
19. In the event title to said Land is acquired by the party(ies) named below, the policy(s), when issued, will show the
following additional item(s) in Schedule B, unless disposed of to the satisfaction of the Company:
Party(ies):
ltem(s):
Peng Jiang
Paragraphs 20 and 21
20. Matters which may be disclosed by a search of the records against the name of the spouse or domestic partner of
Peng Jiang, if married or a member of a registered domestic partnership.
21. If the proposed insured is a married person or member of a registered domestic partnership acquiring title as
his/her separate estate, the Company will require a Deed be executed by the spouse or registered domestic
partner of the proposed insured to establish separate property.
A deed from the spouse or registered domestic partner will not eliminate the requirement that both spouses or
registered domestic partners execute any new monetary encumbrances to comply with the automatic homestead
provisions of RCW 6.13.060 if both spouses or registered domestic partners intend to reside on the Land.
Copyright American Land Title Association. All rights reserved.
AMERICAt,,;
l ... ND'IITIF
AISOCIAT!ON
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment (Adopted: 06.17.2006)
Pages
Printed: 08.07.14@11:01AM
WA-CT-FNSE-02150.624669-SPS-1-14-1241247-RBG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
SCHEDULE B
(continued)
22. Your application for title insurance was placed by reference to only a street address or tax identification
number. Based on our records, we believe that the legal description in this report covers the parcel(s) of
Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company
and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of
Land will appear on any documents to be recorded in connection with this transaction and on the policy
of title insurance.
END OF EXCEPTIONS
NOTES
The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for
loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or
are not matters covered under the insuring provisions of the policy.
Note A:
Note B:
Note C:
Note D:
Note E:
To provide an extended coverage lender's policy, general exceptions A through D may be eliminated or
limited after an inspection of the Land and/or review of the survey, if required, is completed.
Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this
report, are as follows:
Grantor:
Grantee:
Recording Date:
Recording No.:
Conner Homes at Barbee Mill, LLC, a Washington limited liability company
Barbee Mill Waterfront, limited liability company
May 22, 2012
20120522001566
Note: The Public Records indicate that the address of the improvement located on said Land is as
follows:
4011 Williams Avenue North
Renton, WA 98056
Note: FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the documents to be recorded, per
Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal
description within the body of the document:
Lot(s): 47 Barbee Mill
Tax Account No.: 051850-0470-05
Note: Any map furnished with this Commitment is for convenience in locating the land indicated herein
with reference to streets and other land. No liability is assumed by reason of reliance thereon.
END OF NOTES
END OF SCHEDULE B
Copyright American Land Title Association. All rights reserved. -AM[R._(C,',!'
lAND TITH
AS>OC:IATIO's
The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALT A Commitment (Adopted: 06.17.2006)
Page9
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WA-CT-FNSE-02150.624669-SPS-1-14-124124 7 -R BG
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 1241247-RBG
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or
interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge
to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the
extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the
Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of
Insured in the form of policy or policies committed for and only for actual toss incurred in reliance hereon in undertaking in good faith (a) to comply
with the requirements hereof, or (b} to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage
thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed
for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any
action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to
the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
5. The paHcy ta be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules
at http://www.alta.org.
END OF CONDITIONS
Copyright American Land Title Association. All rights reserved. -AM[II.ICAN
1AND nnr
.~5SOCIA'l lON
The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
AL TA Commitment {Adopted: 06.17.2006)
Page 10
Printed: 08.07.14@11:01AM
WA-CT-FNS E-02150.624669-SPS-1-14-124124 7-RBG
RECORDING REQUIREMENTS
Effective January 1, 1997, document format and content requirements have been imposed by Washington Law.
Failure to comply with the following requirements may result in rejection of the document by the county recorder or
imposition of a $50.00 surcharge.
First page or cover sheet:
3" top margin containing nothing except the return address.
1" side and bottom margins containing no markings or seals.
Title(s) of documents.
Recording no. of any assigned, released or referenced document(s).
Grantors names (and page no. where additional names can be found).
Grantees names (and page no. where additional names can be found).
Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section
for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must
also appear in the body of the document.
Assessor's tax parcel number(s).
Return address (in top 3" margin) .
.. A cover sheet can be attached containing the above format and data if the first page does not contain all
required data.
Additional Pages:
1" top, side and bottom margins containing no markings or seals.
All Pages:
No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals
must be smudged for visibility. Font size of 8 points or larger.
Recording Requirements
WA0000924.doc/ Updated: 03.26.14 Page 11
Printed: 08.07.14@ 11:01AM by RG
WA-CT-FNSE-02150.620780-124124 7 -RBG
Order No.: 1241247-RBG-KK
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
Effective: January 24, 2014
Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively,
"FNF", "our" or ''we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes
your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps
to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice.
This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection
through any FNF website and any online features, services and/or programs offered by FNF (collectively, the 'Website"). This Privacy Notice
is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information
collected and/or owned by any entity other than FNF.
Collection and Use of Information
The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information
(e.g., name. address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet
protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other
government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions.
In the course of our business, we may collect Personal Information about you from the following sources:
• Applications or other forms we receive from you or your authorized representative;
• Information we receive from you through the Website;
• Information about your transactions with or services performed by us, our affiliates, or others; and
• From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others.
Information collected by FNF is used for three main purposes:
• To provide products and services to you or one or more third party service providers (collectively, ''Third Parties") who are obtaining
services on your behalf or in connection with a transaction involving you.
• To improve our products and services that we perform for you or for Third Parties.
• To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services.
Additional Ways lnformatjon is Collected Thrgyqh the Website
Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor.
This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time
spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address
reveal nothing personal about the user other than the IP address from which the user has accessed the Website.
Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent
to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on
subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A
cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of,
among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to
the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of
the Website may be impaired or not function as intended. See the Third Party Opt Out section below.
Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known
as Web Beacons (sometimes referred to as "dear gifs"). Web Beacons collect only limited information that includes a cookie number; time
and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third
party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities
associated with the Website. See the Third Party Opt Out section below.
Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to
gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and
some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared
with others.
Third Party Opt Out Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect
certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click
stream information, browser type, time and date, subject of advertisements dicked or scrolled over) during your visits to the Website in order
to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third
party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to
and use non-personalized information about your online usage activity.
Privacy Statement
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PRIVACY NOTICE
(continued)
You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive
advertisements, but those advertisements will no longer be as relevant to you.
• You can opt-out via the Network Advertising Initiative industry opt-out at http:llwww.networkadvertising.org/.
• You can opt-out via the Consumer Choice Page at www.aboutads.info.
• For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com.
• You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies.
More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your
cookies. If you delete your cookies, you will need to opt-out again.
When Information Is Disclosed By FNF
We may provide your Personal lnfom,ation (excluding information we receive from consumer or other credit reporting agencies) to various
individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict
these disclosures. Disclosures may include, without limitation, the following:
• To agents, brokers, representatives, or others to provide you with services you have requested, and 10 enable us to detect or prevent
criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf;
• To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders;
and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must
be determined, settled, paid or released prior to a title or escrow closing.
In addition to the other times when we might disclose infom,ation about you, we might also disclose information when required by law or in
the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice;
(3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other infonnation provided by
you violates lhe rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public.
We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal lnfonnation and
non-Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such
information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on
servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice
or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate
confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own
Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others
without your consent, in confom,ity with applicable law, unless such disclosure is otherwise permitted by law.
We also reserve the right to disclose Personal Information and/or non-Personal Information to take precautions against liability, investigate
and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the
Website, and protect the rights, property, or personal safety of FNF, our users or others.
We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of
all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal
Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment
for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information
in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will
not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the infom,ation that
is disdosed to us.
Information from Children
We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not
intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice.
In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE
UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily
given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited
communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while
using the Internet.
Privacy Outside the Website
The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be
responsible for the privacy practices or the content of any of those other websites. other than under agreements with certain reputable
organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we
do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may
share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their
privacy policies and your rights under them.
Privacy Statement
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PRIVACY NOTICE
(continued)
European Union Users
If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for
any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection
and such transfer of your Personal Information in accordance with this Privacy Notice.
Choices with Your Personal Information
Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case
FNF may not be able to provide certain services or products to you.
You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out
of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally
collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice.
Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy
Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above,
there are some uses from which you cannot opt-out.
Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being
hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position.
If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with
the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such
disclosure and use.
You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That
Information Is Collected Through the Website," subsection ''Third Party Opt Out."
Access and Correction
To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us
in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be
accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by
applicable privacy legislation.
Your California Privacy Rights
Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with
obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year
information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this
information would include the categories of customer information and the names and addresses of those businesses with which we shared
customer infom,ation for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing
activities).
To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy
Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in
response.
Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will
be included in our response.
Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to
disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not
track" requests from Internet browsers and similar devices.
Your Consent to This Privacy Notice
By submitting Personal lnfom,ation to FNF, you consent to the collection and use of information by us as specified above or as we otherwise
see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to
change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect infom,ation from you following
any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information
and infom,ation collected from you in the future. We may use comments, infom,ation or feedback that you may submit in any manner that we
may choose without notice or compensation to you.
If you have additional questions or comments, please let us know by sending your comments or requests to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
(888) 934-3354
privacy@fnf.com
Copyright© 2014. Fidelity National Financial, Inc. All Rights Reserved.
EFFECTIVE AS OF: JANUARY 24, 2014 I LAST UPDATED: JANUARY 24, 2014
Privacy Statement
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Order No.:
Property:
CHICAGO TITLE
COMPA.'lY OF \VASHINGTON
1241247-RBG
4011 Williams Avenue N.
Renton, WA 98056
I SELLER($)
Barbee Mill Waterfront, LLC
I BUYER/BORROWER(S)
Peng Jiang
LISTING AGENT
Conner Real Estate Group
846 108th Avenue N.E., #202
Bellevue, WA 98004
Phone: (425)455-9280
Fax: (425)462-0426
SELLING AGENT
Skyline Properties
9709 3rd Ave NE #450
Seattle, WA 98115
Phone: (206)522-3400
Fax: (206)522-6890
ESCROW
Chicago Title Company of Washington
11411 NE 124th St. Building A, Suite 260
Kirkland, WA 98034
Phone: (425)897-5501
Fax: (866)275-9830
BUILDER
Conner Homes
846 108th Ave. NE, Suite 202
Bellevue, WA 98004
Phone: (425)455-9280
Fax: (425)462-0426
701 5th Avenue, Suite 2300
Seattle, WA 98104
Phone: (206)628-5603 I Fax: (206)628-9717
Main Contact: Merrely Santell
Phone: (425)455-9280
Email: merrelyb@connerhomes.com
Main Contact: Wenjun Chen
Phone: (206)465-1158
Fax: (206)522-6890
Email: wenjunc@skylineproperties.com
Escrow Officer: Karen Kirkwood
Phone: (425)602-0911
Fax: (866)275-9830
Email: Karen. Kirkwood@ctt.com
Main Contact: Cassie Beaudry
Email: cassieb@connerhomes.com
Thank You for specifying Chicago Title Company of Washington
Your transaction is important to us.
Commitment Distribution Letter
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WA-CT -F NSE-02150. 620780-124124 7-R BG
RECEIPT EG00028048
BILLING CONTACT
Richard DiCerchio
4005 WILLIAMS AVE N
RENTON, WA 98057
REFERENCE NUMBER FEE NAME
LUA14-001181 PLAN -Environmental ReYiew
PLAN -Shoreline Substantial Dev Permits
Technology Fee
Technology Fee
Printed On: 8129/2014 Prepared By: Kris Sorensen
TRANSACTION
TYPE
Fee Payment
Fee Payment
Fee Payment
Fee Payment
Transaction Date: August 29, 2014
PAYMENT
METHOD
~heck.#566
K::heck #566
(:heck #566
Pheck #566
SUB TOTAL
TOTAL
AMOUNT PAID
$1,000.00
$2,000.00
$30.00
$60.00
$3,090.00
$3,090.00
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