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E,6.ST DOCK DETAIL VIEW '' .1 .. ,,.,, l_=-. .,.---··-c··---.·~· _> ___ ... /-1~.r,;:0a'~··;,--'~:~ -( ,~- EAST DOCK ELEVATION VIEW w•a•.- -·~-''-- .... . . . . • ~ .. ~-.f-.· .. ' ,C ' ' " ; -T : 1,' 'i ,If '11 .,! ' I ll'<f ~' //u~ - . . . . . . 7 ~-~- ' " T ,-,- \ , ··I •• I :.1 l: + ;' 1 C, l I WEST DOCK DETAIL VIEW \ WEST DOCK ELEVATION VIEW '' fT ' ' - ' 1:s iJ ~;;; ' tt• ,._;::- •-•-,0 ' ,,. i.i:-.:: ''1 I, ;i§9 0 0 / I__T ,",." I /.',,,[ ' Wate~rrm+, Cm,;1..ructk'11 lflC ?';: .. :··,~~,-;·:.: ::,'_'-:'.'., ;';,;':~~-;.:,;. RAMP SECTION (TYP) ·.:'Ir . 1, : \ _ l \. ll Ji l •11 'I Ii ·r· .. :., \ " d ,, r:· J •.1: : : : ! •.11. '' " Ii FLOAT FRAMING DETAIL (TYP) "ll 1. r .l .J. [ ,. I. " FLOAT SECTION (TYP) w--- i i , ..... ,. i,; :>icA1l,J,_', ::1~:~~--r~ PATENT NO US 7,708,497 B2 MAY 4, 2010 ·,~ !!'. I , d I~ ' ; • ,!~1 • ~ ~ tq~ -· S11\f130 1v~nDn~1s '' ..-; " ' .... 0 ii !ii~ VM 'NO!N3!:l U) ~ ~ i j! OA1B NO!~NIHS\iM 3)1\f"l f80 I i @,, ;,a NGU.0,.""1~ .. , ~-y~ ~ l ~ ~ ~ !:ll'fd3ij OYJH>11na lN3~d013A30 o:ns .. / I • ' y Ii ' • ii ! \ ' / I;; ( I ,. li • ( ,, i • i 1· j ' 11! ;I " d Ii ' ~ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ------Renton@ ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA16-000614, ECF, SM Kenny Booth, The Watershed Company, 750 Sixth Street South, Kirkland, WA 98033 Southport Shoreline Modifications PROJECT DESCRIPTION: The applicant is requesting SEPA Environmental Review and a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate grated floats for small watercraft on the shore of Lake Washington, a Shoreline of Statewide Significance. Some of the shoreline activities include, but is not limited to, repair of the existing bulkhead between the 12-story Hyatt Regency Hotel at Southport and S-story mixed-use apartment complex and Lake Washington, removal of a portion of the bulkhead to facilitate the construction of a shoreline cove, improvement of in-water ecological conditions, temporary moorage of motorized and non-motorized vessels by adding fully-grated floats, safety enhancements by removing all in-water components of the bulkhead, installation of "no wake" buoys, and expansion of recreational use of the shoreline. The existing shoreline bulkhead is approximately 580 feet in length and the project is expected to extend the functional life of the bulkhead for another 30-50 years. The proposed project site is located in the Urban Center (UC) zone, a high seismic area, Lake Washington Reach H, and the Aquatic Overlay District. The site is designated as Shoreline High Intensity by the Shoreline Master Program. No trees are proposed for removal. No existing or potential residential units would have views obstructed by the proposed project. PROJECT LOCATION: LEAD AGENCY: 1053 and 1083 Lake Washington Blvd N (APNs 0523059075, 0523059076 and 0823059216), Renton, WA 98056 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 November 3, 2017. 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. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: Gr'egg Z~epnan, Administrator Public Works Department Kelly Beymer, Administrator Community Services Department ----,,,,.,,,,,,-Renton ® OCTOBER 20, 2017 OCTOBER 16, 2017 ;O.) IC i17 I Date 10.(G.l? Date Rick M. Marshall, Administrator Renton Regional Fire Authority ,Y.c"fo: hC,, :m;±. Department of Community & Economic Development Date Date ./" ; !U L August 18, 2017 Clark H. Close Senior Plaru1er City of Renton Renton City Hall 1055 S. Grady Way Renton, WA 98057 Re: Southport Shoreline Modifications (LUi\16-00614) Dear Clw:k: ----.B'.ei1to11 o PLANNING DIVISION RECEIVED 0811812017 cclose VIA ELECTRONIC MAIL \Ve arc writing on behalf of Seco Developtnent ("Seco'') concerning the draft SEPA conditions presented by the City for the above-referenced proposal, dated Mav 22, 2017. Specifically, we are writing to address proposed conditions nos, 6 and 7, which arc unwarranted and ll11proper. Proposed Condition 6. Proposed Condition 6 reads as follows: 6. ·1 J,e pmper(y ,mmer .iiJa/! ret(tin .i qua!zjifd coastal mgimcring)irm, 011 an amwa! basis, to pojf;nn a ivave revie1v rfthe 1/n/Huls (reated as a result qflhe proposed increme in boat trqflic to the Southport shorr:lim. The vl:fedive q( thr: 1110,:itorii~R revie1v is to t1Sse·ss chm{r,es, s!rur/ura! or otherwise. to !he shttred bN!k.:hcat! bet11>ecll Gene Coulon zHcmo1i,d Redc!J Park and SECO dadopmazt. Tht cons"1.tltin,gjirm shal!f:toi'id: rm am:u,J/ npott1 for (I poiod ~/thn,e (3).yct1rs, to thcpropoty O!Vl!f'r and !he Ci[y ofRmton Stf!JUJ!!lri~/JJg obsenulions, crmdusions and r1xr1mnH1ndatiom in r~gdrds to the monitorin_g evaluation. ,:·li iht· md r!f!hree ye11r.r, the applicant shall_proride i1 stf!»!llmy tfthe cha11gcs that have occmred in thi: area, fmtJ-1, due Iv inoraJed boat frt!Jllc to thf Ci(y of Henion Pr~/?ct ALmi{~e,: \Ve arc surprised at proposed Condition 6, since it fails to take account of the existing record in this matter. Proposed Condition 6 requires Seen t.o retain '';.1,. c1ualificd coastal engineering fum;" but ::,-;cco has already done so, and the expert report of ~-fort \facDonald (l\tlP!ilO!i.UUlum -Rea'fationaf I )th}!.; r'tla'l/(.y Passin,.~ VeJsel lF(11Je Rtvien', dated December 11), 2016) ,vas suOm.itted into the record rnany months ago. [\:Jott [l.-'!acDonald is a \'/ell respected firrn thar has provided s.irni.lar senriccs for the 701 Fifrh .'\venue Suite 6Ci00 -~eattk, Washingion fJ8 lZH 2U6.s·1.2.:ns8 " h1x 206.812. 'H89 , 1..v\V\V rnhsc.it.tk.com August 18, 2017 Page 2 of 4 City in the past; the product of their work is highly credible. The Mott MacDonald expert report concluded as follows: • vessel wake heights will be no higher than typical wind waves • vessel-generated waves on the Gene Coulon shoreline would be insignificant This is the only expert information on this subject in the project record, and these conclusions have not been challenged by any other party with expertise. We are aware that the Park.s Department requested than an additional study be conducted, but without offering any foundation for that suggestion based on likely impacts of the proposal. Based on this record, the appropriate SEPA conclusion is that the vessels associated with the project will not result in a significant adverse impact due to wave action. Proposed Condition 6, which asks for yet another expert study and further monitoring, is unsupported in the SEP A record. Proposed Condition 7 Proposed Condition 7 reads as follows: 7. The applica11t shall submit a detailed moorage plan that limits motorized vessels.from accwin_g the portion of.Lake Washi,;~ton beliveen the eastern grated Jloat and Gene Coulon 1\1emoria!Bearh Park.for a dzstavce eq11iva!mt lo the length of eastern }!oat (approximately 120 feet.from the fi1ce ef !he bulkhead). ThNs, !t111iting the ne,v shoreline cove extended to non-motorized vem!s only. The.final detaikd moorage plan shtJII be mbmitted lo, and approved by, the Current Planning Pro1cct ./'vfonager pn·or to co,istmction permit approval Similarly, Proposed Condition 7 is without support in the record. Indeed, there is absolutely no information in the SEPA record that would support any finding of adverse impact necessary to warrant this condition. In truth, the only information in the record contradicts the need for this condition. No specific rationale is provided in support of Proposed Condition 7, but it can he assumed that it stems from a concern over potential conflicts between motorized watercraft and sw.itnmers and non-1notori.zed craft near the future cove, or possible vessel wave impacts to the existing wood bulkhead at Gene C,mlon Park, or both. As to the former issue, the expert information submitted by Scco into the record (from the Watershed Company) demonstrates that conflicts with motorized vessels are not likely: The proposed shoreline cove, to be located in the eastern portion of the project site, will replace an existing vertical bulkhead and wiU improve shoreline ecological conditions. In addition, it will provide direct lake access, thereby expanding recreational opportunities at the site. Gravel fill will be used to create the cove, with the toe of the gravel prism extending approximately 60-fcet watcrward of the existing ordinary high.water mark. Water depths beyond the toe of the slope (and not directly adjacent to the wood bulkhead at Gene Coulon Park) are approximately 10-foet. Thus, while a more natural gradient will exist in the area of ! August 18, 2017 Page 3 of 4 the cove, the deep existing water depths will preclude creation of a significantly sized area of shallow wate.t. Because of this, the shoreline cove is expected to function more as a launching point for non-111otori.zcd craft than as a swlln.rning beach. Thus, there is no concern on the applicant's part that watercraft utilizing the area along the east side of the float will conflict with swimmers o.c those individuals accessing the lake via the cove. Those users launching non-motorized watercraft fron1 within the cove would account for other vessels (whether motonzcd or non,motorized) just as they would anywhere else on the lake. Therefo.re, from a safety standpoi.t1t, there is no reason to ri..:-strict motorized access along the eastern portion of the float. Email response of Kenny Booth, AlCP (l'rimipal / Senior Planner. The [Fatmhed Company) dated June 5, 2017. 'The SEPA record includes no evidence to contradict this conclusion. Therefore, there is no safety basis to support Proposed Condition 7. Regarding potennal impacts to the wood bulkhead at Gene Coulon Park, the Jvlott MacDonald report (discussed above) concluded that vessel wake heights will be no higher than rn,ical wind waves and that vessel-generated waves on the Gene Coulon shoreline would he insignificant. In addition, the difference in wave height generated by a vessel within 30 feet of the Gene Coulon bulkhead, as compared to the wave height generated by a vessel 120 feet from the bulkhead, is negligible. Se,, emm/ mponse of Kenny Booth. Thus, there is no basis in the record to prohibit motorized v<.:sseis from accessing the eastern portion of the float, as .it relates to wave driven iinpacts to the wood bulkhead at Gene Coulon Parle Conclusion There is no basis in the SEPA record to support Proposed Condition 6 or Proposed Condition 7. In fact, the only evidence that exists in the S EPA record contradicts the alleged need for these conditions. The inclusion of these t\vo p.roposcd conditions, i.vhcn they arc unsupported and actually contradicted -by the record conies as a surprise to us. C)ur experience \Vith the City of R.enton has typically reflected 1 thorough and careful 10b on the part of the City in the SLPi\ conditioning process, with attention to ensuring that proposed rnitigation .is reasonable anJ, 111ore in1portant, supported by the recotd. 'Ihis is all the n1ore reason for our puzzlement \Vit.h the current circumstance. In other ::-:i1nilar situations, where there has been a disconnection bct\veen proposed SEP:'\ conditions and the SEPA rcco.t:d 1 \Ve have often found the improper condition to be driven by the interests of some group or agency within the City, interests rhat are separate from tl1" SEPA process. \''fe note this experience because i.ve arc a,varc diat the City Parks Department has expressed an interest in protecting the wood bulkhead at (ienc Coulon Park, and previously lobbied to add conditions such as these. \Ve do not kno\v whether any internal lobbying efforts by the Parks Dt>partmcnt i.nt1uenccd the jndusi.on of these inappropriate conditions, but if this occurred, it would be wrong. \\?hen two conditions emerge in the final moments of .SF:PA. review, \Vitho-ut support: in August 18, 2017 Page 4 of 4 the record, we are left to speculate as to the forces that influenced the SEPA process, since clearly something did. We have not yet attempted to investigate this process, but assume the City can evaluate the propriety of this process. For all these reasons, we renew the request that the City delete Proposed Condition 6 and Proposed Condition 7. lf the Parks Department would like to engage in a dialogue regarding Gene Coulon Park and .its relationship to this project, Seco would look forward to the opportunity. But the SEPA process is not the proper way to initiate that discussion. Sincerely, JM:ldc cc: Seco Development \, Denis Law Mayor Community & Economic Development C. E. "Chip" Vincent, Administrator June 7, 2017 Kenny Booth The Watershed Company 750 Sixth Street South Kirkland, WA 98033 SUBJECT: "On Hold" Notice (2) Southport Shoreline Modifications, LUA16-000614, ECF, SM Dear Mr. Booth: The Planning Division of the City of Renton accepted the above master application for review on September 21, 2016. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before September 7, 2017 so that we may continue the review of the above subject application: • On April 12, 2017, the applicant submitted for review a memorandum titled "Recreational Dock Facility Passing Vessel Wave Review" prepared by Mott MacDonald (dated December 19, 2016). The memo's scope addresses: "waves that could be generated by vessels likely to use the proposed docks" and a "compar[ison] of the estimated wave heights to waves that the project site presently experiences." The memo then proceeds to analyze the projected non- motorized vessel use and only the existing motorized vessel use. Following recent correspondence between the City and the Applicant, the City understands that Southport does not intend to limit vessel type along the Southport shoreline facility. By not limiting vessel 'type, it can be assumed that the use of motorized vessels will increase beyond the existing conditions. Therefore, the wave review should be updated to (1) analyze the impacts generated by the projected increase in motorized vessel traffic from the proposed project and (2) suggest protection measures to mitigate such impacts. Please submit an updated wave review memorandum. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Southport Shoreline Modifications, LUA16-000614, ECF, SM Page2of2 At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Senior Planner cc: SECO Development Inc./ Owner Karen Walter, Muckleshoot Indian Tribe Fisheries Division/ Party of Record 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT -----~Kenton 0 ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: Project Name: Project Number: Project Manager: Owner: Applicant/Contact: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION: May 22, 2017 Southport Shoreline Modifications LUA16-000614, ECF, SM Clark H. Close, Senior Planner SECO Development Inc., 1083 Lake Washington Blvd N. Suite 50, Renton, WA 98056 Kenny Booth, The Watershed Company, 750 Sixth Street South, Kirkland, WA 98033 1053 and 1083 Lake Washington Blvd N (APNs 0523059075, 0523059076 and 0823059216), Renton, WA 98056 The applicant is requesting SEPA Environmental Review and a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate grated floats for small watercraft on the shore of Lake Washington, a Shoreline of Statewide Significance. Some of the shoreline activities include, but is not limited to, repair of the existing bulkhead between the 12-story Southport Hotel and 5-story mixed use apartment complex and the Lake Washington, removal of a portion of the bulkhead to facilitate the construction of a shoreline cove, improvement of in-water ecological conditions, temporary moorage of motorized and non-motorized vessels by adding fully-grated floats, safety enhancements by removing all in-water components of the bulkhead, installation of three (3) "no wake" buoys, and expansion of recreational use of the shoreline. The existing shoreline bulkhead is approximately 580 feet in length and the project is expected to extend the functional life of the bulkhead for another 30-50 years. The proposed project site is located in the Urban Center (UC) zone, a high seismic area, Lake Washington Reach H, and the Aquatic Overlay District. The site is designated as Shoreline High Intensity by the Shoreline Master Program. No trees are proposed for removal. No existing or potential residential units would have views obstructed by the proposed project. Construction activities are expected to take approximately 45 days. 580,888 SF Total Building Area GSF: 153,798 SF Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (DNS-M). \. \ \' \ ·1· ,t Project Location Map ERC Report City of Renton Depanment of Community & Economic Development SOUTHPORT SHORELINE MOD/FICA TIONS Report of May 22, 2017 PART ONE: PROJECT DESCRIPTION/ BACKGROUND Environmental Review Committee Report LUA16-000614 Page 2 of 12 The applicant is requesting SEPA Environmental Review and a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate fully-grated floats for residents of the site and hotel guests to utilize kayaks, canoes, other small non-motorized vessels, or small watercraft on the shore of Lake Washington. Lake Washington, a 33.8 square mile Type-S waterbody, is the second largest freshwater lake in the State of Washington. The project is located at 1053 and 1083 Lake Washington Blvd N, between Gene Coulon Park and the Boeing manufacturing facility (Exhibit 2). The proposed work would occur on three parcels: 0523059075, 0523059076 and 0823059216. The site is accessed via Coulon Beach Park Dr and an unnamed private access road which services the three (3) parcels associated with the project. The project area falls within the Lake Washington/Cedar/Sammamish Water Resource Management Area (WRIA 8). Together the parcels have an area of 580,888 SF (13.3 acres) and are zoned Urban Center (UC). The site falls within the high seismic hazard area and on the shore of Lake Washington (a Shoreline of Statewide Significance). Reach Hof Lake Washington is designated as Shoreline High Intensity at the project location. Currently the Southport development includes the Bristol I and II apartment buildings (completed), a 12-story hotel (under construction), and a 3-building office and parking garage complex (partially under construction). Previous Shoreline Substantial Development Permits include the Southport Level 2 Site Plan in 2000 (Ecology filing date May 3, 2000; SDP #2000-NW-40003); decking over the water discharge tunnel in 2006 (LUA-06-033, SM; and modifications to the master plan in 2008 (LUA-99-1889, SA-A, SM) and again in 2014 (LUA14-000645, SA-A, AM, MOD, MOD). A Shoreline Conditional Use Permit for a mixed-use development (Bristol I) was approved in 2001 (LUAOl-057, CU-H). Previous shoreline permits did not include the improvements being proposed. There is very little existing vegetation, with the exception of some non-native species, present along the shoreline at the extreme northeast corner of the project area. This area is vegetated with a mix of non-native landscape plants and non-native invasive species including Himalayan blackberry and reed canary grass. Existing depths along the bulkhead in the central and western shoreline areas range from 8 feet to 17 feet. The onsite bulkhead consists of a combination of road and sheet timber piles, steel tiebacks and concrete ecology blocks. The timber portion of the bulkhead consists of 8" by 12" timber sheet piles. A row of rounded timber piles spaced approximately 8 feet on-center are located directly waterward of the sheet piles. The piles are generally 12" in diameter. A 10" by 10" timber waler runs along the outside of the piles with tieback anchors spaced at approximately 15 feet on-center. The top of the timber sheet piles and the rounded timber piles are located approximately 30" below the adjacent grade. Together the sheet piles and rounded piles support a single row of 3' by 3' by 3' ecology blocks, which in turn support the subgrade for the adjacent walkway/promenade. The row of ecology blocks bears on soil directly behind the sheet pile wall. An additional 87 or so piles are located waterward of the bulkhead complex, these piles do not presently serve a purpose. The two (2) existing decks are proposed to remain. The larger of the two decks measures 127.5 feet long by 20 feet deep (2,550 square feet) while the smaller deck measures 34 feet wide by 23 feet deep (782 square feet). The western portion of the shoreline includes a 21-foot-wide wooden wharf. The wharf is situated perpendicular to the shoreline. Two (2) dolphins, composed of seven (7) creosote-treated piles each, are located adjacent to the wharf. The wharf also includes one 5-foot-wide by 17-foot-long finger pier and one 10-foot-wide by 14-foot-long end dock. As part of the ongoing development of the site, the project engineer determined that while the bulkhead was generally structurally sound, portions of the bulkhead had rot and structural defects. Additionally, portions of the structure were missing, and other parts were corroded and non-functional. Therefore, the applicant is proposing shoreline modifications to adequately protect the new development under construction and to correspondingly extend the functional life of the supporting bulkhead. The repair would consist of the following: remove the outer and inner rows of rounded timber piles (approx. 40) supporting the bulkhead; cut the inner timber sheet piles below the low water line. The sheet pile would be driven along the waterward edge of the timber sheet pile and bolted to ERC Report City of Renton Department of Community & omic Development SOUTHPORT SHORELINE MOD/FICA T/ONS Report of May 22, 2017 onmental Review Committee Report LUA16-000614 Page 3 of 12 the remaining portion of the timber sheet pile; backfill the area behind the steel plate with concrete (approx. 70 cubic yards). In addition to the bulkhead repair activities, the applicant is proposing to construct a shoreline cove area and installation of two separate floats along the shoreline. The shorter fully-grated float would be located roughly 105 feet east of the westernmost wharf. The float and access would extend roughly 83 feet from the face of the bulkhead into Lake Washington. A 4' -9" wide by 33-foot long fully-grated ramp would connect the new 6' by 6' pier to a 50-foot long by 8-foot-wide float. Together the western pier, ramp, and float would total approximately 564 square feet of overwater coverage. The larger fully-grated float, located along the eastern portion of the shoreline area, includes a 6' by 6' pier, a 36-foot long by 4'-9" wide ramp, and a series of six {6) floats that would extend 120 feet from the bulkhead. The configuration includes a 72-foot long extension from the ramp with two (2) fingers measuring approximately 80' -11" towards the west. Together the eastern pier, ramp, and floats would total approximately 2,027 square feet of overwater coverage. The design allows for a minimum 18" of clearance in the nearshore environment. The proposed project also includes removing derelict piles along the eastern shoreline, removing approximately 53 feet of bulkhead and replacing it with a more natural soft-shore cove within 30 feet from shore. Restoration in this area would involve the removal of existing invasive species, adding large woody debris, installing approximately 325 cubic yards of concrete or gravel substrate, large boulders, and installation of 575 square feet of native emergent and upland vegetation. All existing timber pilings would be cut one-foot below the proposed gravel fill or to the existing mudline. The applicant has indicated that the cove has been designed to expand nearshore shallow-water habitat for juvenile salmonids. Additional shoreline activities involve the removal of various structural components throughout the shoreline area, include the following: removal of two (2) dolphins (total of 14 piles); removal of one (1) finger pier (5 feet wide by 17 feet long); abandoning a second recently removed finger pier (5 feet wide by 17 feet long); removal of 10-foot-wide by 14-foot long platform; removal of a total of approximately 179 derelict piles (including dolphins); removal of 290 feet of 12" by 14" horizontal dimensional beams; removal of several drifted logs resting against the bulkhead, and abandoning a recently removed 164-foot long floating walkway ("Log Boom"). Finally, a pump-out facility would be installed on the existing wharf located along the western property boundary that runs perpendicular to the shoreline. The project's bulkhead repair plan is designed to improve fish habitat and prevent further creosote leaching from the piles into Lake Washington and enhance public shoreline access and recreational opportunities (Exhibit 3). 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. B. Mitigation Measures 1. The applicant shall comply with the recommendations included in the Biological Evaluation for Fish and Wildlife Species, prepared by The Watershed Company, dated June 2016. 2. The applicant shall comply with the mitigation measures included in the Lake Study, prepared by The Watershed Company, dated April 2017. 3. The applicant shall submit a final shoreline restoration plan for approval by the City of Renton Project Manager prior to issuance of a construction permit. 4. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop in accordance with RCW 27.53.060 and 27.44.020, and the ERC Report City of Renton Department of Community & Economic Development SOUTHPORT SHORELINE MODIFICATIONS Environmental Review Committee Report LUA16-000614 Report of May 22, 2017 Page 4 of 12 C. owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeology and Historic Preservation. 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 Environmental Review Committee Report Neighborhood Detail Map Southport Plans (Sheets 1-9) Biological Evaluation for Fish and Wildlife Species, prepared by The Watershed Company, dated June 2016 Lake Study, prepared by The Watershed Company, dated August 2016 Structural Observation Report, prepared by GC Engineering, dated April 1, 2016 Memorandum -Recreational Dock Facility Passing Vessel Wave Review, prepared by Mott MacDonald, dated December 19, 2016 Agency Comments, Muckleshoot Indian Tribe, Fisheries Division: Walter On Hold Letter, dated October 11, 2016 Applicant's Response to October 11, 2016 comments and questions Construction Mitigation Description Advisory Notes to Applicant D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant hos adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Stoff reviewers have identified that the proposal is likely to hove the following probable impacts: 1. Earth Impacts: According to the Natural Resources Conservation Service, the property contains Urban land (Ur) soils. Upland conditions within the subject parcels adjacent to the waterfront are almost exclusively impervious (90 percent+), either concrete or pavers. The subject site is located in an area of known seismic hazards a geotechnical hazard. As such the applicant submitted a Structural Observation Report, prepared by GC Engineering, dated April 1, 2016 (Exhibit 6). Based on the provided report the existing bulkhead, on the south side of Lake Washington, is constructed from a combination of timber and concrete. It was originally constructed in the mid 1920's when the site was originally developed for a previous power plant. The bulkhead retains a sidewalk. The 585-foot-long bulkhead was determined to be in good condition, by the project engineer, considering its age. The portion of the bulkhead permanently below the water level was also found to be in good condition with little signs of structural defects. Where the timber portion of the bulkhead is periodically or permanently exposed to air, rot and structural defects were documented in the report. According to the engineer, this is common of freshwater timber construction where wood rot is typical at the air water interface. The engineer observed that behind the sheet piles the ecology blocks appear in good condition. The applicant's engineer is recommending that in order to maintain the integrity of the bulkhead system for the new development that portions of the bulkhead be upgraded. Recommendations include removing the existing timber piles, waler and spacer and adding a new steel sheet pile wall adjacent to the existing timber sheet pile wall. To maintain the stability of the existing ecology blocks and the bank during construction, the existing timber pile should be left in place. This would help protect the shoreline and minimize disturbance to the lake. The area between the new sheet pile wall and the existing sidewalk would need to be filled to prevent settlement and movement of the sidewalk. The existing sidewalk pavers and guard rail would be extended to the steel pile wall. ERCReport City of Renton Department of Community & Econom;c Development SOUTHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 Environmental Review Commmee Report LUA16-000614 Page 5 of 12 The engineer estimates that the proposed upgrade to the bulkhead would result in removing all of the existing timber piles, waler and spacer outboard of the bulkhead. According to CG Engineering, the proposed bulkhead upgrade would minimize the disturbance to the lake during construction and could increase the operational use for another 50 years or more. The applicant should follow the recommendations included in the provided structural observation report at the time of project construction. Mitigation Measures: No further mitigation recommended. Nexus: N/A 2. Air Impacts: It is anticipated that some temporary air quality impacts could be associated with site work and building construction required to complete the proposed project at this site. Project development impacts during construction activities may include dust as a result of bulkhead repair and exhaust from construction vehicles, equipment and/or machinery. These emissions would be temporary and rapidly dissipated. Dust control would be mitigated through the use of temporary erosion control measures, watering or other measures to remediate impacts as needed (Exhibit 11). Following the project completion, a small amount of emissions may result from small motorized boat traffic utilizing the floats. No further site specific mitigation for the identified impacts from typical vehicle and construction exhaust is required. Mitigation Measures: No further mitigation recommended. Nexus: N/A 3. Water a. Wetland, Streams, Lakes Impacts: The site is located along the shoreline of Lake Washington, a Shoreline of the State. Reach His designated as High Intensity by the Shoreline Master Program at the project location. The outflow of Lake Washington is the Lake Washington Ship Canal. Due to the projects location within 200 feet of the OHWM of the Lake Washington the applicant prepared a Biological Evaluation for Fish and Wildlife Species (Biological Study) and a Lake Study, both prepared by The Watershed Company (Exhibits 4 and 5, respectively). No wetlands or streams were noted within the immediate vicinity of the project area. Existing lake depths along the bulkhead in the central and western shoreline areas range from 8 to 17 feet. The provided reports detail the shoreline modifications from bulkhead repair to two (2) new floats and a pump-out facility. The applicant has proposed mitigation measures, such as timing restrictions, several construction measures, overwater shading minimization techniques, and the removal of predator habitat in order to reduce any disturbance to sensitive fish and wildlife species utilizing the action area. More specifically, one minimization measures includes a limited in-water work window that would not permit in- water work from January 1st through July 15th and August 1st through November 15th to comply with the protection policies of the National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and Washington Department of Fish and Wildlife (WDFW) for bull trout, steelhead, and Chinook salmon. According to the Biological Study, pile and finger removal could produce temporary localized sediment plumes that would dissipate following cessation of activity. The report includes timing restrictions and conditions to minimize construction impacts, such as a floating containment boom around the work area; timing the project to occur during a period when listed salmonids are least likely to be present to minimize habitat disturbance; no hazardous materials stored in or near the water; and not allowing the barge to ground. The Biological Study concludes that the collective impact of the proposed project would not adversely affect, Pacific salmon essential fish habitat (EFH) if all conservation measures are followed. Therefore, staff recommends a SEPA mitigation measure that the applicant shall comply with the ERCReport City of Renton Department of Community & Economic Development SOUTHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 Environmental Review Committee Report LUA16-000614 Page 6 of 12 conservation measures found in the Biological Evaluation for Fish and Wildlife Species prepared by The Watershed Company (dated June 2016). Pursuant to RMC 4-9-050L.1.b, the project attempts to avoid and minimize, and rectify impacts to the onsite shoreline critical area. The Lake Study includes analysis of avoidance, minimization, and rectifying/mitigation. The study states that the proposed impact of the project have been minimized to the greatest extent feasible in that anchored, fully-grated floats were chosen over piers. The grating allows light to penetrate to the water. Anchoring the floats, as opposed to installing new pilings virtually eliminates temporary noise impacts during installation, and it reduces in-water structure. To mitigate for proposed impacts, a number of improvements have been proposed. For example: approximately 53 linear feet of bulkhead would be removed and replaced with a shoreline cove; 179 creosote pilings would be removed; reduced potential impacts to predator structure through the removal of approximately 179 piles; removal of 310 square feet of existing solid-decked overwater structures. According to the Lake Study, the proposed improvements, when considered with the proposed mitigation would result in no net loss of ecological function based upon best available science. See Tables 1 and 2. Table 1. Impact Assessment Structure Proposed for Removal Pilings (including dolphins) (number of 179 pilings) Fully-grated Float (western) (square feet) 0 Fully-grated Float (eastern) {square feet) 0 Solid deck overwater structure (square feet) 310 Bulkhead {linear feet) 53 *Two new steel piles would be required for each float access pier. Table 2. Functional Lift Analysis/ No Net Loss Demonstration Critical Existing Conditions Proposed Conditions Area/Shoreline ' Setback Functions i Water Quality The shoreline area is All derelict creosote essentially entirely pilings are removed impervious and incapable consistent with of filtering stormwater Washington Department prior to entering the lake. of Natural Resources Creosote pilings are Derelict Creosote Piling leaching into the lake. Removal Best Management Practices. Hydrology The shoreline area is Similar to existing essentially entirely conditions. impervious and therefore lacks vegetative structure that can slow stormwater velocities discharging into the lake from nearby impervious areas. Habitat The existing shoreline Approximately 53 linear area is essentially entirely feet of bulkhead would be ERC Report Proposed New 4* 564 2,027 0 0 Functional Improvement? Yes; water quality would be slightly improved. While the majority of leaching occurs early in the life of the piling, some leaching of heavy metals and contaminants would be avoided. Hydrologic function on site would be maintained. Habitat function would be maintained. The shoreline City of Renton Department of Community & Economic Development SOUTHPORT SHORELINE MOO/FICATIONS Report of May 22, 2017 impervious and lacks the native vegetation necessary to provide substantial forage/cover opportunities. In-water habitat contains approximately 179 pilings providing bass habitat. The entire shoreline is bulkheaded and invasive weeds occur in areas. Net Condition The shoreline area is heavily degraded with impervious surfaces at the shoreline edge and no native vegetation. Derelict creosote pilings provide bass habitat and encourage juvenile salmon predation. Environmental Review Committee Report LUA16-000614 Page 7 of 12 removed and replaced cove would provide some with a shoreline cove. nearshore habitat as well Invasive species would be as native emergent and removed. All of the upland vegetation. Piles derelict pilings would be that provide potential removed. juvenile salmon predator habitat would be removed. Invasive species are Derelict piles would be removed. 53 linear feet of removed, reducing bulkhead are removed juvenile salmon predation. and replaced with a Shallow water rearing shoreline cove. 179 habitat would be derelict creosote pilings expanded through the are removed. Proposed creation of a shoreline fully grated floats allow cove and placement of for light penetration. gravel substrate and native vegetation. Invasive species would be removed. Hydro logic and shoreline habitat function would be maintained. Water quality functions would be slightly improved. Overall, not net loss of shoreline functions would occur. The report concludes that the construction of the shoreline cove and removal of the existing derelict piles and piers would result in an improvement in water quality, while habitat and hydrological functions would be maintained. Furthermore, the study states that overall, no net loss of shoreline ecological functions would result from the proposed project. Based on the several recommendations included in the Lake Study by The Watershed Company, staff recommends as a mitigation measure that the applicant comply with the recommendations and mitigation measures included in the report. The applicant submitted a recreational dock facility passing vessel wave review, prepared by Mott MacDonald dated December 19, 2016 (Exhibit 7). The memorandum addresses increased boat traffic, erosion along nearby Bird Island, and bulkhead stability along Gene Coulon Memorial Beach Park. The memo addresses the need for wave study through the analysis of estimating the waves that could be generated by the vessels likely to use the proposed docks; and compares the estimated wave heights to waves that the project site presently experiences. The study found that wind statistics generated a wave height from 0.6 to 0.7 feet with a corresponding wave period of 1.6 to 1.8 seconds. By comparison, the project owners are proposing vessel speed restriction of 3 knots for motorized vessels within the established boat moorage area. Empirical models were used to estimate vessel wake, resulting in a vessel wake range from 0.1 to 0.4 feet along the vessel route. The report concluded that near the park shoreline, vessel wake heights are no higher than the typical wind waves and would generally fall within the acceptable marina wave heights for small-craft harbor, which are 0.5 feet for ERC Report City of Renton Department of Community & Economic Development SOUTHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 Environmental Review Committee Report LUA16-000614 Page 8 of 12 head seas and 0.25 feet for beam seas. Table 3, of this environmental report, shows a comparison between the waves generated by the non-motorized vessels, the typical wind-waves, and the small-craft harbor standards were identified in the report. Table 3. Wave Height Comparisons Criteria Wave Height (feet) Near Side of Vessel ': Shoreline of Gene Coulon Memorial Beach Park Non-motorized Vessel Wakes 0.08 to 0.7 0.02 to 0.3 Motorized Vessels Presently 0.09 to 0.15 Negligible Using the Basin Typical Wind Wave 0.7 to 0.6 Acceptable Marina Wave Heights 0.5 (head) to 0.25 (beam) Based on these results, the effects of vessel-generated waves on the adjacent shoreline would be insignificant. Non-motorized vessel wave heights were also found to be generally smaller than wind waves under average conditions and were thus considered insignificant as well. According to the applicant, the Mott MacDonald report demonstrates the insignificance of a formal wave study. Finally, the applicant states that replacing the abandoned 164-foot-long floating walkway referred to as the "log boom" (removed over 15 years ago) is unlikely to provide any necessary, benefits to the shore or bulkhead or any negative impacts to Bird Island. Mitigation Measures: 1. The applicant shall comply with the recommendations included in the Biological Evaluation for Fish and Wildlife Species, prepared by The Watershed Company, dated June 2016, 2. The applicant shall comply with the mitigation measures included in the Lake Study, prepared by The Watershed Company, dated April 2017. Nexus: SEPA, 4-3-090 Shoreline Master Program Regulations 4. Vegetation Impacts: With the application the applicant submitted a Biological Evaluation for Fish and Wildlife Species (Biological Study) and a Lake Study, both prepared by The Watershed Company. The entire project area is highly developed or disturbed. The property contains limited native vegetation along the shoreline in the project area with the exception of some non-native species, present along the shoreline at the extreme northeast corner of the project area. This area is vegetated with a mix of non-native landscape plants and non-native invasive species including Himalayan blackberry and reed canary grass. The majority of the area immediately upland of the bulkhead is covered with impervious surfaces. The lack of shoreline vegetation also limits cover opportunities for fish inputs into the lake. During the project comment period, a comment was received from the Muckleshoot Indian Tribe Fisheries Division (Exhibit 8). Included were the number of concerns related to keeping the existing timber pilings. The project was placed on hold (Exhibit 9) and the applicant submitted revisions to the proposed project (Exhibit 10). The outcome of the modified plans included no new pilings to support the new sheetpile along the bulkhead and removal of the derelict pilings along the eastern part of the project site to expand nearshore shallow-water habitat for juvenile salmonids. This would also result in the enhancement of the shoreline through construction of a shoreline cove. Restoration in this area would involve the removal of existing invasive species, adding large woody debris (7 anchored logs), installing approximately 325 cubic yards of concrete or gravel substrate, shoreline sand, five (5) boulders, and installation of 575 square feet of native emergent and upland vegetation (160 sf of native emergent vegetation and 415 sf of native landscape ERCReport _City of Renton Department of Community & Economic Development SOUTHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 Environmental Review Committee Report LUA16-000614 Page 9 of 12 plantings). Staff recommends, as a condition of approval, that the applicant submit a final shoreline restoration plan for approval by the City of Renton Project Manager prior to issuance of a construction permit. Mitigation Measures: The applicant shall submit a final shoreline restoration plan for approval by the City of Renton Project Manager prior to issuance of a construction permit. Nexus: State Environmental Policy Act (SEPA) Environmental Review and RMC 4-3-090 Shoreline Master Program Regulations. 5. Wildlife Impacts: Washington Department of Fish and Wildlife Priority Habitats and Species database lists two (2) bald eagle nests within one mile of the project site. Additionally, osprey presence is documented less than a half mile from the project site. These large birds of prey typically nest and feed over large bodies of open water and will likely fly over the project site. Great blue herons are widespread in western Washington. Outside of breeding, which occurs in tall trees, commonly away from human disturbance, the birds are most often observed in and along rivers, lakes, and wetlands. The waters of Lake Washington are likely used by foraging and resting herons throughout the year. A turtle was observed and recorded as part of the findings of the Lake Study site visit on August 10th, 2015. The turtle was documented as a red-eared slider, a non-native species. Two other introduced species have also been observed in Lake Washington: snapping turtles and spiny soft shell turtles. Since the project site is mostly hardscape surfaces, vegetative habitat is limited, and it is unlikely that terrestrial wildlife use the site. The adjacent 57-acre Gene Coulon Memorial Beach Park provides significantly more habitat value than the project site. The project is located in an area of threatened species under the Endangered Species Act, the Puget Sound Chinook salmon and Puget Sound steel head trout. In addition to the two threatened species, WDFW Wildlife's Priority Habitat and Species databased identified Coho salmon and Bull trout as two other species that migrate through Lake Washington. Adults migrate upstream to reach spawning grounds; juveniles migrate downstream from their natal streams to reach the ocean. Lake Washington and the Cedar River potentially contain bull trout, a salmon id listed as Threatened under the federal ESA. Lake Washington and the Cedar River also contain coho salmon, a Species of Concern under the federal ESA. According to the Biological Evaluation for Fish and Wildlife Species, the proposed project may affect, but is not likely to adversely affect the designated critical habitat of the Puget Sound Chinook salmon (PSCS) and Coastal-Puget Sound bull trout (CPSBT) given the direct, indirect, interrelated, and interdependent effects from the proposed action. For example, a "may affect" determination is warranted for PSCS critical habitat because the project occurs in a designated critical habitat area and primary constituent elements (freshwater rearing and migration) for PSCS critical habitat are in the project action area. The project is not likely to adversely affect PSCS critical habitat because the pump-out facility may contribute to improved water quality throughout south Lake Washington in the long term and habitat impacts would be minimized by using fully grated decking and using helical anchors rather than piers for the floats. Determination of effect for all species and their respective assessment areas are listed in Table 4. Table 4. Determination of Effect Species Overall Project Effect Effect of Critical Habitat Puget Sound DPS Chinook May affect, not likely to May affect, not likely to Salmon adversely affect adversely affect Coastal-Puget Sound DPS Bull May affect, not likely to May affect, not likely to Trout adversely affect adversely affect Puget Sound DPS Steel head May affect, not likely to No Effect adversely affect £RC Report City of Renton Department of Community & Economic Development SOUTHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 Environ~ntal Review Committee Report WA16-000614 Page 10 of 12 The provided Lake Study, Exhibit 5, included habitat data and analysis. The entire project area is highly developed or disturbed. The habitat structure on the property is virtually non-existent. The lack of structural diversity limits food and cover opportunities for most wildlife species, including songbirds and small mammals. Small birds may fly over the site in order to reach the adjacent Gene Coulon Memorial Beach Park, which provides significantly more habitat value than the project site. Elimination of a portion of the bulkhead and installation of a shoreline cove would increase habitat and vegetation, both above and below the water. More specifically, the introduction of the cove would improve conditions for juvenile Chinook raring in this area. No further wildlife mitigation is proposed, beyond the cove. Mitigation Measures: No further mitigation recommended. Nexus: N/A 6. Energy and Natural Resources Impacts: The types of energy likely to be used to implement the proposed project include gas-powered and diesel-powered vehicles and machinery. The use of these vehicles would be temporary. The completed project is not expected to require any energy. Mitigation Measures: No further mitigation recommended. Nexus: N/A 7. Environmental Health a. Environmental Health Hazards Impacts: The site was previously occupied by the Shuffleton Steam Plant. The plant was operational from 1929 to 1989. The entire aquatic area of the project area was historically dredged. A large intake and outfall structure for the steam plant have been removed, and the locations of the historic structures now house one outfall for treated stormwater from the SECO development, and one large outfall for stormwater from the entire surrounding area. Benzene, non-halogenated solvents, and petroleum were present in soil and ground water requiring a cleanup effort. The plant was demolished in 1999 and remediation occurred. Washington State Department of Ecology updated the majority of the site to a "No Further Action" designation in 1999. The remainder of the site received the same designation in 2000. One 5-foot by 7-foot finger pier and one 165-foot long log boom walkway were removed from the site by the project applicant following decommissioning of the Shuffleton Plant. There are no known hazardous liquid or gas transmission pipelines located within the project area or vicinity. There are no toxic or hazardous chemicals associated with the project construction. Standard precautions would be taken to ensure the safety of work crews. A crew supervisor would be contacted by a crew member immediately upon discovery of a spill. The crew supervisor would then ensure that the spill is cleaned up in an appropriate manner and would contact the appropriate authorities, if necessary. No further environmental health hazard mitigation is recommended. Mitigation Measures: No further mitigation recommended. Nexus:N/A b. Noise Impacts: Noise and vibration impacts would primarily result from removal of the existing piles and the driving of the steel sheet pile wall installed against the existing timber sheet pile wall. The equipment noise would be regulated through the City's adopted noise level regulations per Chapter 8-7, RMC. The City's noise regulations limit haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. Work on Saturdays is restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work is permitted on Sundays. ERCReport City of Renton Department of Community & Economic Development sou:rHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 · Environmental Review Committee Report LUA16-000614 Page 11 of 12 Noise impacts are anticipated to be short-term impacts that would be completed within the a'pproved fish windows. Generally, noise impacts would come from the operation of the heavy construction equipment that would generate expected noise levels of up to 94 decibels. Underwater noise from vibratory extraction and driving of piles would be greater than that of other construction equipment. Underwater noise generated from the vibratory pile driving would be expected to be less than 150 decibels. The applicant indicates that all the construction noise impacts are anticipated to occur during normal daytime working hours and may occur on nights and/or weekends in order to complete the project within the restricted fish window (no in-water construction from January 1st through July 15th and August 1st through November 15th). The short 45-day construction window dictates the impacts would be temporary. No unusual noise impacts are proposed, which would require further levels of mitigation. Mitigation Measures: No further mitigation recommended. Nexus: N/A 8. Aesthetics Impacts: The project is proposing a grated walkway, small ramps and floats. These structures would all be at foot level. The principal building materials associated with the proposed boat ramps and floats would be steel and high density foam filled tubes. For bulkhead repair the principal building materials would be concrete and steel. This method would allow for removal of additional in-water components including pilings immediately adjacent to the existing bulkhead. No views would be altered or obstructed. The equipment used to complete the work would be temporary and would not create any unreasonable unsightliness or significant adverse aesthetic impacts. Mitigation Measures: No further mitigation recommended. Nexus: N/A 9. Parks and Recreation Impacts: Gene Coulon Memorial Beach Park is a 57-acre City of Renton park located immediately adjacent to the project site. The proposed project would not displace any existing recreational uses. The purpos_e of the project design is to enhance public shoreline access and recreational opportunities through the construction of two (2) grated ramp and float systems for temporary moo rage of motorized and non- motorized watercraft. The applicant submitted a recreational dock facility passing vessel wave review, prepared by Mott MacDonald dated December 19, 2016 (Exhibit 7). The memorandum addresses bulkhead stability along Gene Coulon Memorial Beach Park. See analysis under Section 3a Wetland, Streams, Lakes. Mitigation Measures: No further mitigation recommended. Nexus: N/A 10. Historic and Cultural Preservation Impacts: In the SEPA checklist the applicant indicated that no landmarks, features, or other evidence of Indian or historic use was documented according to a search of the Washington State Information System of the Department of Archaeological and Historic Preservation's (DAHP) WISAARD (Washington Information System for Architectural and Archaeological Records Data). The Checklist concludes that the system did not identify any landmark or evidence of scientific or culturally significant items on or next to the project site. No comments were received from the Washington State Department of Archeology and Historic Preservation. The northern portion of the site was once under the surface of lake Washington. Based on the probability of the subject site being located along the lake shore there is a higher likelihood of cultural resources discover, through ground disturbing activity. As such, staff recommends as a mitigation measure that if any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity ERC Report City of Renton-Department of Community & Economic Development SOUTHPORT SHORELINE MODIFICATIONS Report of May 22, 2017 Environmental Review Committee Report WA16-000614 Page 12 of 12 shall stop in accordance with RCW 27.53.060 and 27.44.020, and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeology and Historic Preservation. The SEPA check list indicates that if any historic or archaeological resources are encountered during implementation of maintenance activities, work would be stopped and a professional Archaeologist would be called to assess the significance of the find. Mitigation Measures: If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop in accordance with RCW 27.53.060 and 27.44.020, and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeology and Historic Preservation. Nexus: SEPA Environmental Review, RCW 27.53 Archaeological Sites and Resources, and RCW 27.44 Indian Graves and Records. 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 listed under Exhibit 12 "Advisory Notes to Applicant." v' 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 June 9, 2017. 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 - 7th Floor, (425) 430-6510. 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I I I " ~" i ij~~~ ,1 1 ~ ___.. ~ ~ ~ <;I <;I?; :i; ~ m -::~:'.'.:'._.::==--~--==== O!~SJ i i..i-.,.,;,, ~ iii i'ir::rn (.,J r.o ~ '"r::"' ;<~ ~ !i:!E:i:i "29QO,/ PlcR .. Tstcr "''""'" CO"CFP"TIFSIGNWO,..T> mm,,,. CoNClcf'J UESIGNrn ,;; 0 i~~ >~m < m n 0 -I m Z . I ~ ~ I j; I E " ~ u, ~ ~ SECO SHORELINE RESTORATION SHORELINE RESTORATION PLAN PREPARED FOR: SECO DEVELOPMENT, INC. 1083 LAKE WASHINGTON BLVD. UITE 50 RENTON, WA 98051 ;!';i; [; H s K' "• r:n t:rj n 0 r:n ~ 0 ~ ("D i,,.,,,.I """"". :::::s ("D ~ r:n r-+ 0 ~ ~ """"". 0 :::::s ~ ~ ~ " " '" ' .;,-, " 0 ii ' g ' i a , ~ \w fi! I ~~ ,o 8~ ~ ~· .~ ~ §[ ~ S086 VM 'NOlN3~ OS 3llnS 1..i nt\lB N018NIHSVM 3}fV'l £80~ ':JNI '.LN3V'ld0131130 O:J3S :i;o~ 03H\fd3Hd N\fld NOI.L\IHO.LS3H 3Nll3HOHS NOI.LV1!0.LSITT1 3NI'I'.D:IOHS OJ3S § ~ [~ I " ~~ ~ '=,~ C uW • w< I •o gi s f:l~ § • 5io • •, I •w ~ •e ~~ fl· ~. 1i~ js' :o -- I :.II • " z :5 c.. z 0 l-1 <(, O:j 0 I-en w a: I I ! EXISTING APORO~-"•L:' -----i.oe,,:rr"Ci~s~ ""~ ~ '""' (MUOLN[) ~ .. ~.~ r ~t: .... f--~. -~~·1, =a _,...---:t·:: ·. ' :: !: [ I • • -• • -w Iv • • • • • ,,,. •• ,. ro 5-0' 40' 30' 20' • • ~ ~, PROPOSED DH;;;;-• • • • • -w g --3° _ ~ PROf'OSED SH Ll~E O FRO"' 5HCf!E" -~R.O.OE ~ SM:0 ~ ",.::ti',,,,,:: •l}f aJ""'i~ ~·"'"fY~\~,?ttt\, -. ,. . . . . NOTE: TOTAL GRAVEUSAND FILL REQUIRED• 325 CY @SECTION A " ,.. u '" ,.. LOG & BOULDER PLACEMENT DETAIL (TYPICAL) ~ATIV( NA'.1Vi: SHOSLIN~ SHO~ELl~E ·".o.N~sc~P.' .. rE"'E·"·'".' "ZNJ GRAVEL "' OLAN11Ni,S I VE~ETA"'llJ/ COBBLES \1 Is"~ ''~· ;)~';';{;,;;:,C-rsli .!-; • .. -{-f//;.· •. ?f~-;'-.. ).,i'~.·.-.,J-;,.· .... ···, -· <-.,:'.."'..?'-"v-J:;,_,,.;;,-("J,~_,-,_ • • • • • ,0' ,O' • -~ CEDAR OH FIR LOia PROPOSCO GR~OC (PPRO•,..~TE: _[; 0.j,W • 21' [CnRPS DAlW) /OLW!J. • 10' (COOPS UAl'J"'} 3 - CROSS-SECTIONS & DETAILS GRAVEL SPEC FICA! IONS. 3t-.011EL'-E GRAVEL ~Cl( SHALL CON FOIi"' CLOSELY TO THE FOLLOWr.G SIZE GRAOATON BY WEliHT fr.ES 5'!i 114"-3/4" 20% 31(".1" 20% 1"-2" l~'!i 2"-~-10% •eoo,,,o."""~-- !!! ,'ii '.,. 750 s~n Slrwot Soulli KlrUmd WA 98033 4?', e;,? s?;,J ..w,,w,·~tsh"1cororr t.i Z, z 0 -. -z>-~ :s m Q. ::. Oz"- E-< Q '3 "' .... w ~ ~~ ~ 0" z ti, 0 -w0 ~ll'.~ ~ !ii a: :JO 0 :i: W LL a:" "' ow ~ :,: a: en<. Q. w "' a: Q. •llllll ! I Ii ~ ~ ~ ~ gh; :S i1~h " ,, 1 ,",." •. :IU ~·1-Nlr> 0 ~ w t:: :, ' ci ... , >o ~~ "'~ ~~ .... Cl z zO ~~ "'w ~ a: !:i '.I ~ ~ ~ SHEET SIZE: c•n~,,.. 3<:AL.EACCO~Dt,QCV PROJECT MANAGER; KB I! DESIGNED: lJM DRAFTED lJM CHECKED MF/SS JOB NUMBER 150809 SHEET NUMBEFI W30F3 BIOLOGICAL EVALUATION FOR FISH AND WILDLIFE SPECIES Southport Bulkhead Repair and Shoreline Float Project -Renton, WA Prepared for: U.S. Army Corps of Engineers, Seattle District Prepared on behalf of: Greg Krape, SECO Development, Inc. THE WATERSHED -...COMPANY ----Iterltone Entire Document Available Upon Request June 2016 --~r I ~ . -, I r LAKE STUDY Southport Shoreline Modifications Prepared for: SECO Development Inc. Prepared on behalf of: Greg Krape, SECO Development, Inc. THE WATERSHED ..... COMPANY ----~e Entire Document Available Upon Request -----R"enton 0 PLANNING DIVISION RECEIVED 04/12/201 7 cclose • -ENGINEERING civil & structural engineering & planning -:Rent6n® -Itentoii.6 Entire Document PLANNING DIVISION Available Upon RECEIVED Request 04/1212017 cc!ose II STRUCTURAL OBSERVATION REPORT II Project: Seco Development Bulkhead Purpose: Structural Evaluation Location: 1083 Lake Washington Blvd N Date: April 1" 2016 Renton, WA CG Project: 16027.10 Report: 1 Client: Seco Development General Contractor: Unknown Field Rep: Dennis Titus, PE, SE, Stephen Tabert PURPOSE AND SCOPE A field representative of CG Engineering was on site on February 2, 2016 to evaluate the condition of an existing bulkhead located on the south side of Lake Washington. While on site we met with the Greg Krape from Seco Development. EXISTING BULKHEAD The existing bulkhead is constructed form a combination of timber and concrete. Refer to SS-1. The bulkhead is approximately 585ft long and spans two properties. It was originally constructed in the mid 1920's when the site was originally developed for a previous power plant. The bulkhead retains a sidewalk. The north portion of the sidewalk was improved during a recent site development. A concrete sidewalk and pavers were constructed and a guard rail was added along this length of the bulkhead. The sidewalk to the south, which leads to the Boeing property, is relatively unimproved and consists of a gravel base with an asphalt sidewalk. A small pier is located at the center of the bulkhead which extends approximately 20ft into Lake Washington. The bulkhead continues behind the pier. The timber portion of the bulkhead consists of 8x12 timber sheet piles. A row of timber piles spaced approximately at 8ft on center and are located directly outboard of the sheet piles. The piles vary in size but are close to 12" diameter. A lOxlO timber waler runs along the outside of the piles and tiebacks were observed spaced at approximately 15' on center. Along most of the bulkhead the waler was no longer present and the tiebacks were no longer attached. The top of the timber sheet piles and the round timber piles are located approximately 30" below the adjacent grade. A single row of ecology blocks are located upland of the sheet pile wall. The ecology blocks are 3x3x3ft with a 10" concrete cap on top. The area below the ecology blocks was probed and it appears that only one ecology block is present which bears on the soil directly behind the sheet pile wall. The ecology blocks appear to be part of the original construction or installed shortly after the timber portion of the bulkhead was constructed. The timber bulkhead appears to support the base of the existing concrete ecology blocks which supports the subgrade for the sidewalk. OBSERVATIONS At the time of the observation the lake water level was low in anticipation of upcoming rainfall, which left the tops of the piles visible. The piles, sheet piles and wale rs were observed during the site visit. Each was visually inspected for structural deficiencies. They were probed above and below the water level. They were also sounded for core rot. Exhibit 6 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph. 425.778.8500 I 1. 425.778.5536 www.cgengineering.com M MOTT M MACDONALD Subject To From Our reference Office Date Your reference Technical notes Introduction Memorandum Memorandum -Recreational Dock Facility Passing Vessel Wave Review Kenny Booth, The Watershed Company Christopher M. Day, Senior Coastal Engineer 379538 Edmonds, WA December 19, 2016 ~--J:tenton® PLANNING DIVISION RECEIVED 04/12/2017 cc!ose ---irenton0 Entire Document Available Upon Request SEGO Development, Hotel at Southport Bulkhead Repair; Pile, Dolphin, and Finger Removal; New Ramp and Float Installation Memorandum -Recreational Dock Facility Passing Vessel Wave Review The Watershed Company is providing permit services to SECO Development for recreational boat docks at the Hotel at Southport. The proposed docks will be used primarily by non-motorized watercraft. To address concerns related to "increased boat traffic", erosion along nearby Bird Island, and bulkhead stability along Gene Coulon Memorial Beach Park, the City of Renton originally requested a wave analysis. However, given the generally mild wave climate and the smaller vessels that typically use the docks, a numerical model wave analysis is not required. A wave study was performed in 2015 by CHE (now Mott MacDonald) that has been applied for this memo. The City of Renton has requested instead, " ... a lesser report that provides expert defensible analysis demonstrating the insignificance of the wave study." This memo addresses this need with the following analysis: 1. Estimates the waves that could be generated by the vessels likely to use the proposed docks; and, 2. Compares the estimated wave heights to waves that the project site presently experiences. Project Location The project area consists of a 608-foot long by 210-foot wide boat basin at the southern end of Lake Washington (see Figure 1 ). The boat basin runs parallel to the shoreline, which faces the northwest (see Figure 1 ). Boeing's Renton plant borders the project area to the southwest: Gene Coulon Memorial Beach Park borders the project area to the northeast. A concrete block bulkhead runs along the landward side of the basin, while the opposite side is open to the lake (see Figure 2). An existing wharf runs along the southwestern side of the boat basin (see Figure 2). Bird Island and a 160-foot section of shoreline protected by a wooden bulkhead define the northeastern side of the boat basin. Bottom elevations in the boat basin range from -4.2 to +0.74 feet NAVD88 based on Survey 11810 by the National Oceanic and Atmospheric Administration (NOAA, April 1 to November 24, 2008). The High Water and Low Water elevations are +18.60 and +16. 75 feet NAVD88, respectively (City of Seattle, 2014). Page 1 of 13 Exhibit 7 Clark Close From: Sent: To: Cc: Subject: Clark, Karen Walter < KWalter@muckleshoot.nsn.us> Wednesday, October 05, 2016 11:10 AM Clark Close ROACH, VMAN (DNR); SHOEMAKER, MONICA (DNR); Joe.Burcar@ecy.wa.gov; rebekah.padgett@ecy.wa.gov; Reinbold, Stewart G (DFW); White, Kaitlyn R NWS RE: City of Renton(SEPA) Notice of Application -Southport Shoreline Modifications, LUA16-00614, ECF, SM Thank you again for sending us the requested materials for the Southport new piers and other shoreline modifications project referenced above. We have reviewed this information and offer the following initial questions and comments: 1. The Lake Study notes that the proposed new floats are "intended to provide public access opportunities for primarily non-motorized watercraft". How does the City of Renton intend to enforce this use and ensure that these floats do not become moorage facilities for motorized watercrafts? 2. Why is the easternward float as large as proposed? If it is to be used for non-motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. 3. More information is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. 4. Has the applicant tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the Lake Study. 6. Why is the applicant proposing to keep the existing timber pile stubs shown east to the new easternward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. 7. The Lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the BE notes that there may be lighting. Please clarify if the new floats will have artificial lighting. 8. Also, the Lake Study and BE notes the four, 5-story mixed-use apartment buildings, a new hotel comprised of two-12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? 9. The City and the applicant should work with the WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. 10. Please note that we are reviewing this project for both impacts to fish resources and tribal fishing activities. For potential impacts to Muckleshoot Tribal members fishing activities, please note that we will fully evaluate these impacts upon additional information received in response to these questions, as well, as during the Corps' permitting process. We appreciate the opportunity to review this proposal and look forward to the City/applicants' responses to these questions. Thank you, Karen Walter Watersheds and Land Use Team Leader 1 Exhibit 8 Denis law Mayor October 11, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator Kenny Booth The Watershed Company 750 Sixth Street South Kirkland, WA 98033 SUBJECT: "On Hold" Notice Southport Shoreline Modifications, LUAlG-000614, ECF, SM Dear Mr. Booth: The Planning Division of the City of Renton accepted the above master application for review on September 21, 2016. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before January 11, 2017 so that we may continue the review of the above subject application: • On October 5, 2016, Karen Walter with the Muckleshoot Indian Tribe Fisheries Division provided agency comments regarding the subject application. The questions have been modified slightly to give you opportunity to comment on each question. 1. The Lake Study notes that the proposed new floats are "intended to provide public access opportunities for primarily non-motorized watercraft." How do you intend to regulate these floats so they do not become moorage facilities for motorized watercrafts? 2. Why is the easternward float as large as proposed? If it is to be used for non-motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. 3. More information is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. Exhibit 9 1055 South Grady Way, Renton, WA 98057, rentonwa.gov Southport Shoreline Modifications, LUA16-000614, ECF, SM Page 2 of 3 4. Have you tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the Lake Study. 6. Why are you proposing to keep the existing timber pile stubs shown east to the new easternward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. 7. The Lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the Biological Evaluation notes that there may be lighting. Please clarify if the new floats will have artificial lighting. 8. Also, the Lake Study and Biological Evaluation notes the four, 5-story mixed-use apartment buildings, a new hotel comprised of two-12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? 9. Can you work with WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. • On page 1, of the submitted, project narrative, it reads: "The central shoreline area ten feet upland of the bulkhead includes a pedestrian easement {Recording Nos. 2005102100894, 20051021000895, and 20051021000896)." Please note that there are four {4) recorded public pedestrian easements to the City related to this property (Rec. Nos. 2005102100894, 20051021000895, and 20051021000896, and 20160208000458}. • On page 9, of the submitted project narrative, it reads: "an additional 3,853 square feet of pub/ically accessible shoreline use area is being added. Accordingly, at least three additional public parking spaces will be provided. The nearest parking that is provided (see Figure 2) is located approximately 150 feet from the shoreline and outside af vegetated buffers. Since boot launching will nat occur on site, the demand for public parking is expected to be minimal. There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Gene Coulon Memorial Southport Shoreline Modifications, LUA16-000614, ECF, SM Page 3 of 3 Beach Park. Much af these additional parking facilities will be available for use by the public." Parking is for day-use only at Gene Coulon Memorial Beach Park, and for park patrons. The parking spaces provided at the Park do not support additional activities from neighboring amenities. Please remove all references to off-site parking availability at Gene Coulon Memorial Beach Park within the project narrative and any other submitted document that makes the same claim. • Please provide additional clarification regarding the comments included under the pre-application meeting summary comment on June 21, 2016. Comments are as follows: o Clarify and describe in more detail why the project will not be replacing the abandoned 164-foot-long floating walkway referred to as the "log boom." This log boom protected the wood bulkhead on the eastern edge of Southport's property line and provided shoreline protection by minimizing wave action to Gene Coulon Memorial Beach Park. The structural integrity to all surrounding bulkheads should be adequately addressed to ensure Park stability. The structural observation report should also address impacts to the natural shoreline of Bird Island as a result of abandoning the log boom. o With increased boat traffic, staff recommends completing a Wave Analysis. The report should incorporate all potential impacts to Gene Coulon Memorial Beach Park around Bird Island and the west side of Coulon Park (the area near the vicinity of the abandoned log boom). Please specify vessel sizes and trip numbers as part of the analysis. Recommended mitigation and protection measures should also be included in the report to regulate boat traffic. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Senior Planner cc SECO Development Inc./ Owner ~-······" -Rcnt6i10 PLANNING DIVISION RECEIVED O~I12i20·17 cclose T E C H N I C A L M-E M O R A N D U M ~~AnRsHEo Date: April 12, 2017 Clark H. Close To: From: Kenny Booth, Andy Noone LUA16-000614, ECF, SM, 150809 Permit Number TWC Project Number: Project Name: Southport Shoreline Modifications Subject: Response to October ll'h, 2016 comments and questions This letter is intended to respond to the October 11, 2016 "On Hold" Notice, which includes requests for additional information regarding the Southport Shoreline Modification Project (LUA16-000614). Since receipt of the notice we have initiated revisions to the proposed project. A detailed description of project revisions, as well as a specific response to each of the comments received is provided below. Project Revisions: • To increase the amount of mitigation offered, in the easternmost extent of the project area, approximately 53 linear feet of bulkhead is proposed for removal to facilitate the enhancement of the shoreline through construction of a more natural soft-shore cove. This shoreline enhancement will also include removal of additional pilings (51), placement of woody debris, placement of salmon-friendly gravels, and installation of 575 square feet of native emergent and upland plantings. • A superior alternative bulkhead repair method is proposed. This method allows for removal of additional in-water components including pilings immediately adjacent to the existing bulkhead. Removal of the in-water components adjacent to the bulkhead allows for the proposed apron to be excluded from the plans, thereby reducing overwater coverage. • Access ways to the float have been modified. Two new pilings will be required for two small piers that provide access to each float. Due to the changes in access, overwater coverage of the western float has increased slightly and overwater coverage of the eastern float has decreased. The changes to the floats and access, along with removal of the apron represents a significant reduction in over water coverage (1,636 square feet). • The access ways to the floats have been modified to ensure that 18-inches of clearance is maintained throughout the nearshore environment. 750 $i:<th Streec Sou ch Kirkland, WA 98033 /' 425.822.5242 ,-42S.827.8136 watershedco.com Exhibit 10 Southport Shoreline Modifications Technical Memorandum -Response to Comments April 2017 Page 2 Response to comments in October 11. 2016 "On Hold" Notice: 1. The Lake Study notes that the proposed new floats are "intended to provide public access opportunities for primarily non-motorized watercraft." How do you intend to regulate these floats so they do not become moorage facilities for motorized watercrafts? Response: The floats will not specifically prohibit motorized watercraft. As such, incidental use of motorized watercraft will likely occur. However, the proposed floats will be designed to accommodate non-motorized watercraft. Additionally, the proposed floats are designed to accommodate temporary moorage -no permanent moorage or boat storage is proposed. 2. Why is the easternward float as large as proposed? If it is to be used for non-motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. Response: The proposed float is sized to accommodate current and anticipated demand. The Southport development complex, when completed, will include a 347- room hotel, 383 apartment units, 24,138 square feet of retail space and over 728,000 square feet of office space. The proposed floats are also in the vicinity of the popular Gene Coulon Memorial Beach Park. If the eastern float were reduced in scale similar to the western float, the available temporary watercraft moorage would be inadequate and require future expansion. With that said, the total amount of proposed overwater coverage has been reduced by nearly 40% from 4,227 square feet to 2,591 square feet. 3. More infonnation is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. Response: The peristaltic pump out facility will be sited along the western property boundary on the existing wharf. The location of the facility has been added to the plans. 4. Have you tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? Response: No testing of sediments has occurred or is proposed. Proposed pile removal will be consistent with Washington Department of Natural Resources Derelict Creosote Piling Removal Best Management Practices, which are adapted from EPA guidance and WSDOT methods. The BMPs described in this document do not include testing of surrounding sediments. The Watershed Company Technical Memorandum -Response to Comments April 2017 Page 3 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the lake Study. Response: The proposed bulkhead repair plan has been modified and as a result no new pilings will be needed to support the bulkhead. The repair will involve the installation of sheetpile along the bulkhead instead. Two pilings will be necessary for each float system in order to connect the float systems to the existing bulkhead. 6. Why are you proposing to keep the existing timber pile stubs shown east to the new easternward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. Response: The proposed plans have been modified to remove all derelict piles, including those east of the eastern float. 7. The lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the Biological Evaluation notes that there may be lighting. Please clarify if the new floats will have artificial lighting. Response: No artificial lighting is proposed. 8. Also, the lake Study and Biological Evaluation notes the four, 5-story mixed-use apartment buildings, a new hotel comprised of two-12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? Response: The other projects in the Southport development complex (including the apartment buildings, hotel, and office space) were permitted separately. Concerns about lighting impacts and mitigation with those developments have been addressed as part of the Shoreline Permit LUA99-189. This project seeks approval for bulkhead repairs, float installation, removal of derelict in-water piles and cove construction only. 9. Can you work with WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. Response: The project team will attempt to reach out to DNR to see if the logs resting on the bulkhead that are proposed for removal are suitable for the nearby mitigation/enhancement sites mentioned. 10. On page 1, of the submitted, project narrative, it reads: "The central shoreline area ten feet upland of the bulkhead includes a pedestrian easement (Recording Nos. 2005102100894, 20051021000895, and Southport Shoreline Modifications Technical Memorandum -Response to Comments April 2017 Page4 20051021000896)." Please note that there are four (4) recorded public pedestrian easements to the City related to this property (Rec. Nos. 2005102100894, 20051021000895, and 20051021000896, and 20160208000458). Response: The project narrative has been revised to correctly reflect all four pedestrian easements on the property. 11. On page 9, of the submitted project narrative, it reads: "an additional 3,853 square feet of publically accessible shoreline use area is being added. Accordingly, at least three additional public parking spaces will be provided. The nearest parking that is provided (see Figure 2) is located approximately 150 feet from the shoreline and outside of vegetated buffers. Since boat launching will not occur on site, the demand for public parking is expected to be minimal. There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Gene Coulon Memorial Beach Park. Much of these additional parking facilities will be available for use by the public." Parking is for day-use only at Gene Coulon Memorial Beach Park, and for park patrons. The parking spaces provided at the Park do not support additional activities from neighboring amenities. Please remove all references to off-site parking availability at Gene Coulon Memorial Beach Park within the project narrative and any other submitted document that makes the same claim. Response: The project narrative has been revised to remove all references of parking at Gene Coulon Memorial Beach Park. No other documents discuss public parking. 12. Clarify and describe in more detail why the project will not be replacing the abandoned 164-foot-long floating walkway referred to as the "log boom." This log boom protected the wood bulkhead on the eastern edge of Southport's property line and provided shoreline protection by minimizing wave action to Gene Coulon Memorial Beach Park. The structural integrity to all surrounding bulkheads should be adequately addressed to ensure Park stability. The structural observation report should also address impacts to the natural shoreline of Bird Island as a result of abandoning the log boom. Response: Mott MacDonald has prepared a memorandum summarizing the results of a study assessing proposed vessel wakes and wave impacts. The study concludes that wave action from wind and vessels in the moorage area of the project site is insignificant. Thus, replacing the log-boom that was removed over 15 years ago is unlikely to provide any necessary benefits to the shore or bulkhead. Additional information and detail about expected waves in the moorage area can be found in the Recreational Dock Facility Passing Vessel Wave Review memorandum (Mott MacDonald, December 2016). The log boom slated for permanent abandonment was removed over 15 years ago and its location was over 100 feet away from Bird Island. Removal of the log-boom likely did not have any negative impacts to Bird Island. Removal may have actually provided some benefits by reducing nearby over-water coverage. If removal resulted in any The Watershed Company Technical Memorandum -Response to Comments April 2017 Page 5 significant negative impacts to Bird Island they would have likely been identified at some point in the last 15 years, or through the active restoration project that is underway at the site. The log boom slated for abandonment is shown below in Figure 1. Figure 1. Removed log-boom location. Note distance from Bird Island. 13. With increased boat traffic, staff recommends completing a Wave Analysis. The report should incorporate all potential impacts to Gene Coulon Memorial Beach Park around Bird Island and the west side of Coulon Park ( the area near the vicinity of the abandoned log boom). Please specify vessel sizes and trip numbers as part of the analysis. Recommended mitigation and protection measures should also be included in the report to regulate boat traffic. Response: Additional correspondence with the City has indicated that "at this time, you do not need to complete a wave analysis but rather a lesser report that provides expert defensible analysis demonstrating the insignificance of the wave study." Accordingly, Mott McDonald has prepared a report that demonstrates the insignificance of a formal wave study. Additional information and detail can be found in the report. TECHNICAL M.EMORANDUM Date: To: From: Pre-Application Number TWC Project Number: Project Name: August 8, 2016 Roca le Timmons Kenny Booth, Andy Noone PRE 16-000406 150809 Southport Shoreline Modifications ~~A~~RSHED Subject: Southport Shoreline Modifications Construction Mitigation Description Proposed Construction Dates: Proposed construction dates for all in-water work are November 16th through December 31'' of 2016. This construction window is the allowable timeframe based on fish-protection prohibitions on in-water construction by NOAA Fisheries and USFWS. If the project cannot be completed before December 31'', construction activities will be necessary between July 16th through July 31 '' of 2017. Activities that do not require in-water work, or that can be completed from upland locations (such as installation of the apron over the bulkhead) may occur outside of the federal timing windows. Hours and Days of Operation: Construction activities may occur between 7:00 AM and 10:00 PM, Monday through Friday, and 9:00 AM to 6:00 PM on Saturday. However, since there is a limited timefrarne for allowed construction due to fish-protection prohibitions, construction outside of normal business hours (including nights and Sundays) may be required. Proposed Hauling/Transportation Routes: Construction materials will be delivered by barge or truck. Materials that are delivered by truck will arrive from Interstate 405, Exit 5. The project site is easily accessible by truck and is only 0.6 miles from the interstate. Construction debris will be loaded onto barges or trucks and transported to an appropriate disposal site. Construction planning has not been finalized. More information on hauling and transportation routes will be available at the building permit stage. Measures to be implemented to minimize dust, traffic, transportation impacts, erosion, mud, noise, and other noxious characteristics: Dust: No such measures are necessary. Proposed construction activities are not expected to result in dust. 750 S1;,i:th Street South Kirkland. WA 98033 ;, 425.822.5242 ' 425.827.81 36 w,1tershedco.com Exhibit 11 Southport Shoreline Modifications Construction Mitigation Description August, 2016 Page 2 Traffic: Construction activities will occur on the shoreline and will not impact existing roads. No traffic minimization measures are proposed. Erosion: Construction activities will occur in water and on the shoreline bulkhead. No exposed soils are expected, so no erosion control measures are proposed. Turbidity: Construction activities will occur in water and on the shoreline bulkhead. Approximately 101 pilings will be cut below the mud line and removed. A floating sediment curtain will be installed and maintained around the work areas, as necessary, for the duration of in-water work to limit turbidity impacts. Also, as mentioned, construction will occur within approved fish windows to minimize impacts to salmonids. Noise: The removal of the existing piles and the driving of new piles as part of the bulkhead repair activities will produce temporary noise and vibration resulting from use of the barge, vibratory extractor/driver, and other construction equipment. Underwater noise from vibratory extraction and driving of piles will be greater than that of other construction equipment. Noise would be limited to normal daytime working hours and follow all applicable regulations set forth in Renton City Code 8-7. Any special hours proposed for construction or hauling (i.e. weekends, late nights): Depending on the construction schedule, construction may occur on nights and/or weekends in order for the project to be completed within the approved fish windows. However, construction planning has not been finalized. Preliminary traffic control plan: Construction traffic will be directed down the Southport access road so that construction vehicles can easily access the construction site. Since the majority of project work will occur on the shoreline at the end of a dead end access road, it is expected that traffic control will not be necessary. Accordingly, no traffic control plan is proposed at this time. ADVISORY NOTES TO APPLICA LUA 16-000614 --------Renton 0 Application Date: August 16, 2016. Name: Southport Shoreline Modifications Site Address: 1053 Lake Washington.Blvd N, LOT RENTON, WA 98056 PLAN -Planning Review -Land Use Version 1 I April 20, 2017 .. . Planning Review Comments .·. Contact: Clark Close I 425-430-72891 cclose@lreiltonwa.ge:,v The following information will need to be submitted before January 11, 2017 so that we may continue the review of the above subject application: On October 5, 2016, Karen Walter with the Muckleshoot Indian Tribe Fisheries Division provided agency comments regarding the subject application. The questions have been modified slightly to give you opportunity to comment on each question. 1. The Lake Study notes that the proposed new floats are ·intended to provide public access opportunities for primarily non motorized watercraft.H How do you intend to regulate these floats so they do not become moorage facilities for motorized watercrafts? 2. Why is the easternward float as large as proposed? If it is to be used for non motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. 3. More information is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. 4. Have you tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the Lake Study. 6. Why are you proposing to keep the existing timber pile stubs shown east to the new eastemward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. 7. The Lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the Biological Evaluation notes that there may be lighting. Please clarify if the new floats will have artificial lighting. 8. Also, the Lake Study and Biological Evaluation notes the four, 5 story mixed use apartment buildings, a new hotel comprised of two 12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? 9. Can you work with WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. On page 1, of the submitted, project narrative, it reads: "The central shoreline area ten feet upland of the bulkhead includes a pedestrian easement (Recording Nos. 2005102100894, 20051021000895, and 20051021000896)." Please note that there are four (4) recorded public pedestrian easements to the City related to this property (Rec. Nos. 2005102100894, 20051021000895, and 20051021000896, and 20160208000458). On page 9, of the submitted project narrative, it reads: uan additional 3,853 square feet of publically accessible shoreline use area is being added. Accordingly, at least three additional public parking spaces will be provided. The nearest parking that is provided (see Figure 2) is located approxlmately 150 feet from the shoreline and outside of vegetated buffers. Since boat launching will not occur on site, the demand for public parking is expected to be minimal. There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Gene Coulon Memorial Beach Park. Much of these additional parking facilities will be available for use by the public.~ Parking is for day use only at Gene Coulon Memorial Beach Park, and for park patrons. The parking spaces provided at the Park do not support additional activities from neighboring amenities. Please remove all references to off srte parking availability at Gene Coulon Memorial Beach Park within the project narrative and any other submitted document that makes the same claim. Please provide additional clarification regarding the comments included under the pre application meeting summary comment on June 21, 2016. Comments are as follows: o Clarify and describe in more detail why the project will not be replacing the abandoned 164 foot long floating walkway referred to as the ulog boom." This log boom protected the wood bulkhead on the eastern edge of Southport's property line and provided shoreline protection by minimizing wave action to Gene Coulon Memorial Beach Park. The structural integrity to all surrounding bulkheads should be adequately addressed to ensure Park stability. The structural observation report should also address impacts to the natural shoreline of Bird Island as a result of abandoning the log boom. o With increased boat traffic, staff recommends completing a Wave Analysis. The report should incorporate all potential impacts to Gene Coulon Memorial Beach Park around Bird Island and the west side of Coulon Park (the area near the vicinity of the abandoned log boom). Please specify vessel sizes and trip numbers as part of the analysis. Recommended mitigation and protection measures should also be included in the report to regulate boat traffic. Community Services Review Comments . Contact: Leslie Betlach 1425-430-66191 LBetlach@rentonwa.gov On June 21, 2016 several Pre Application comments were made regarding Southport Shoreline Pre application Submittal PRE16 00406. At that time, concerns were expressed regarding the potential impacts to the shoreline stability of Coulon Park. Four of the six comments have not been adequately addressed: (Pre Application Comments) 1. Clarify/Describe UAbandon RecenUy Removed Log Boom" on Sheet 4 of 12. This log boom provides shoreline protection by minimizing wave action to Coulon Park. 2. With increased boat traffic, provide a wave analysis, describing potential impacts to Coulon Park around Bird Island and the west side of Coulon Park that abuts the Southport property (vicinity of location of Lag Boom to be abandoned). Exhibit 12 Ran: May 15, 2017 Page 1 of 5 ADVISORY NOTES TO APPLICA LUA 16-000614 --------Renton 0 PLAN • Planning Review • Land Use Version 1 \ April 20, 2017 .. Community Services Review Comments · .. •· Contact: Leslie Betlach I 425-430-6619 I LBetlach@rentonwe.gov 3. Dolphins/Piles have been identified as creosote based. Will pilings be cut or removed? If removed, will soil be tested and removed? Describe removal methods to be utilized, protection measures and environmental impacts if any 4. The above attached Recorded Easement is missing; there are 4 recorded easements. The above attached easement is directly related to the western shoreline work. While tile Technical Memorandum prepared by The Watershed Company indicates that the log boom was previously removed from the site approximately ten years ago, the boom protected the wood bulkhead on the eastern edge of Southport's property line. This same bulkhead is supporting Gene Coulon Memorial Beach Park property. A good photo of the wood bulkhead can be found in in the Technical Memorandum uFigure 1. The western portion of Gene Coulon Memorial Beach Park in the vicinity of the proposed floats. Note the bulkheaded shoreline and the natural shoreline of Bird Island.~ The log boom has not been replaced which preceeded this proposal which includes installing ramps and floats for boat moorage. The two paragraph response in the Technical memorandum does not constitute a Wave Analysis prepared by a structural engineer. Paragraph 2 indicates there may be some erosion to Bird Island; this too, has not been quantified. The impacts to the wood bulkhead which is the western edge of Coulon Park (common edge to Southport) have not been adequately addressed to ensure park stability. The studies included in the application packet note that the western bulkhead was constructed in the 1920's the City has no information on the age of the Eastern bulkhead and this application does not address this bulkhead. In addition, Section 2 of the Southport Shoreline Modifications document indicates that the bulkhead supporting Southport's existing walkway/promenade, adjacent to the existing apartments and hotel, has portions of the structure missing with other parts corroded and non functional A Wave Analysis completed by a structural engineer specializing in marine work to identify potential wave impacts to Bird Island as well as Coulon Park is recommended. In addition, the structural integrity of the bulkhead is to be determined in order to identify the integrity of the bulkhead and park stability under this development proposal. The application does not specify vessel sizes nor trip numbers; assumptions for both should be included in the Analysis. The project narrative in the document Southport Shoreline Modifications (page 10) indicates that the floats will be used primarily by nonmo_torized watercraft and if this is the assumption, the development as proposed should be conditioned that the floats be for non motorized watercraft use. Otherwise a recommendation for maximum vessel size should be included in the analysis as well as protection measures, if necessary. The proposal includes the removal of creosote dolphins and piles using a vibratory pile extraction method with the potential for work to occur between July 15 and August 1. The City recommends all in water work to occur during park non peak season (May 31 through day after Labor Day) in order to minimize impacts to swimmers and other park patrons. In addition, Coulon Park and the surrounding area has been identified as a high seismic area. Clarification is needed as to the impacts to Coulon Park-particularly the area behind the bulkhead. Please note that there are 4 recorded public pedestrian easements to the City related to this property (see Southport Shoreline Modifications prepared by the Watershed Company, page 1, last paragraph: #20051021000894 #20051021000895 #20051021000896 #20160208000458 (missing) LUA16 000674 Hunsaker Project Comments Southport Shoreline Modifications, Project Narrative Page 9, third paragraph, fifth sentence: "There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Gene Coulon Memorial Beach Park.~ Please note that parking is for day use only at Gene Coulon Memorial Beach Parle and for park patrons. The number of parking spaces does not support additional activities from neighboring amenities. Prefer to strike this reference from the documentation, and wherever else it occurs . . ENG • Engineering Review Comments .. .. Contact:Jan Illian 1425-430.72161 jillian@renlonwa.gov Recommendations: No utility comments for the shoreline permit Ran: May 15, 2017 Page 2 of 5 ADVISORY NOTES TO APPLICA LUA16-000614 PLAN -Planning Review -Land Use Version 21 May 15, 2017 . Planlilng Review Comments Contact: Clark Close I 425-430-7289 I cclose@rentonwa.gov RESOLVED: The following infonnation will need to be submitted before January 11, 2017 so that we may continue the review of the above subject application: On October 5, 2016, Karen Walter with the Muckleshoot Indian Tribe Fisheries Division provided agency comments regarding the subject application. The questions have been modified slightly to give you opportunity to comment on each question. 1. The Lake Study notes that the proposed new floats are "intended to provide public access opportunities for primarily non motorized watercraft. D How do you intend to regulate these floats so they do not become moorage facilities for motorized watercrafts? 2. Why is the easternward float as large as proposed? If it is to be used for non motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. 3. More information is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. 4. Have you tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the Lake Study. 6. Why are you proposing to keep the existing timber pile stubs shown east to the new easternward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. 7. The Lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the Biological Evaluation notes that there may be lighting. Please clarify if the new floats will have artificial lighting. 8. Also, the Lake Study and Biological Evaluation notes the four, 5 story mixed use apartment buildings, a new hotel comprised of two 12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? 9. Can you work with WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. On page 1, of the submitted, project narrative, it reads: "The central shoreline area ten feet upland of the bulkhead includes a pedestrian easement (Recording Nos. 2005102100894, 20051021000895, and 20051021000896)." Please note that there are four (4) recorded public pedestrian easements to the City related to this property (Rec. Nos. 2005102100894, 20051021000895, and 20051021000896, and 20160208000458). On page 9, of the submitted project narrative, it reads: "an additional 3,853 square feet of publically accessible shoreline use area is being added. Accordingly, at least three additional public parking spaces will be provided. The nearest parking that is provided (see Figure 2) is located approximately 150 feet from the shoreline and outside of vegetated buffers. Since boat launching will not occur on site, the demand for public parking is expected to be minimal. There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Gene Coulon Memorial Beach Park. Much of these additional parking facilities will be available for use by the public." Parking is for day use only at Gene Coulon Memorial Beach Park, and for park patrons. The parking spaces provided at the Park do not support additional activities from neighboring amenities. Please remove all references to off site parking availability at Gene Coulon Memorial Beach Park within the project narrative and any other submitted document that makes the same claim. Please provide additional clarification regarding the comments included under the pre application meeting summary comment on June 21, 2016. Comments are as follows: o Clarify and describe in more detail why the project will not be replacing the abandoned 164 foot long floating walkway referred to as the "log boom.n This log boom protected the wood bulkhead on the eastern edge of Southport's property line and provided shoreline protection by minimizing wave action to Gene Coulon Memorial Beach Park. The structural integrity to all surrounding bulkheads should be adequately addressed to ensure Park stability. The structural observation report should also address impacts to the natural shoreline of Bird Island as a result of abandoning the log boom. o With increased boat traffic, staff recommends completing a Wave Analysis. The report should incorporate all potential impacts to Gene Coulon Memorial Beach Park around Bird Island and the west side of Coulon Park (the area near the vicinity of the abandoned log boom). Please specify vessel sizes and trip numbers as part of the analysis. Recommended mitigation and protection measures should also be included in the report to regulate boat traffic. Recommendations: 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 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. 3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 4. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the area defined by the drip line of any tree to be retained. 5. The annllcant shall erect and maintain six foot C6') hiah chain link temoorarv construction fencina around the drio lines of all retained trees, Ran: May 15, 2017 Page 3 of 5 ADVISORY NOTES TO APPLICA LUA16-000614 ---------Renton-® PLAN -Planning Review -Land Use Version 2 I May 15, 2017 T <, ' Planning Review Comments ,,, , ,,, ,,', ,,, Contact: Clar!< Close I 425'430-72891 cclose@rentonwa.gov or along the perimeter of a stand of retained trees. Placards shall be placed on fencing every fifty feet (50') indicating the words, "NO TRESPASSING -Protected Trees" or on each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 6. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible for adhering to the U.S. Fish and Wildlife Service National Bald Eaole Manaoement Guidelines (2007) and /or vour U.S. Fish and Wildlife Service oermit. Community Services Review Comments • ,if,>.. .,. Contact: Leslie Betlach I 425'430-66191 LBetlach@rentonwa.gov RESOLVED: On June 21, 2016 several Pre Application comments were made regarding Southport Shoreline Pre application Submittal PRE16 00406. At that time, concerns were expressed regarding the potential impacts to the shoreline stability of Coulon Park. Four of the six comments have not been adequately addressed: (Pre Application Comments) 1. Clarify/Describe "Abandon Recently Removed Log Boom~ on Sheet 4 of 12. This log boom provides shoreline protection by minimizing wave action to Coulon Park. 2. With increased boat traffic, provide a wave analysis, describing potential impacts to Coulon Park around Bird Island and the west side of Coulon Park that abuts the Southport property (vicinity of location of Lag Boom to be abandoned). 3. Dolphins/Piles have been identified as creosote based. Will pilings be cut or removed? If removed, will soil be tested and removed? Describe removal methods to be utilized, protection measures and environmental impacts if any 4. The above attached Recorded Easement is missing; there are 4 recorded easements. The above attached easement is directly related to the western shoreline work. While the Technical Memorandum prepared by The Watershed Company indicates that the log boom was previously removed from the site approximately ten years ago, the boom protected the wood bulkhead on the eastern edge of Southport's property line. This same bulkhead is supporting Gene Coulon Memorial Beach Park property. A good photo of the wood bulkhead can be found in in the Technical Memorandum "Figure 1. The western portion of Gene Coulon Memorial Beach Park in the vicinity of the proposed floats. Note the bulkheaded shoreline and the natural shoreline of Bird Island.~ The log boom has not been replaced which preceeded this proposal which includes installing ramps and floats for boat moorage. The two paragraph response in the Technical memorandum does not constitute a Wave Analysis prepared by a structural engineer. Paragraph 2 indicates there may be some erosion to Bird Island; this too, has not been quantified. The impacts to the wood bulkhead which is the western edge of Coulon Park (common edge to Southport) have not been adequately addressed to ensure park stability. The studies included in the application packet note that the western bulkhead was constructed in the 1920's the City has no information on the age of the Eastern bulkhead and this application does not address this bulkhead. In addition, Section 2 of the Southport Shoreline Modifications document indicates that the bulkhead supporting Southport's existing walkway/promenade, adjacent to the existing apartments and hotel, has portions of the structure missing with other parts corroded and non functional A Wave Analysis completed by a structural engineer specializing in marine work to identify potential wave impacts to Bird Island as well as Coulon Park is recommended. In addition, the structural integrity of the bulkhead is to be determined in order to identify the integrity of the bulkhead and park stability under this development proposal. The application does not specify vessel sizes nor trip numbers; assumptions for both should be included in the Analysis. The project narrative in the document Southport Shoreline Modifications (page 10} indicates that the floats will be used primarily by nonmotorized watercraft and if this is the assumption, the development as proposed should be conditioned that the floats be for non motorized watercraft use. Otherwise a recommendation for maximum vessel size should be included in the analysis as well as protection measures, if necessary. The proposal includes the removal of creosote dolphins and piles using a vibratory pile extraction method with the potential for work to occur between July 15 and August 1. The City recommends all in water work to occur during park non peak season (May 31 through day after Labor Day) in order to minimize impacts to swimmers and other park patrons. In addition, Coulon Park and the surrounding area has been identified as a high seismic area. Clarification is needed as to the impacts to Coulon Park -particularly the area behind the bulkhead. Please note that there are 4 recorded public pedestrian easements to the City related to this property (see Southport Shoreline Modifications prepared by the Watershed Company, page 1, last paragraph: #20051021000894 #20051021000895 #20051021000896 #20160208000458 (missing) LUA16 000674 Hunsaker Project Comments Southport Shoreline Modifications, Project Narrative Page 9, third paragraph, fifth sentence: "There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Ran: May 15. 2017 Page 4 of 5 ADVISORY NOTES TO APPLICA LUA 16-000614 ---------·.Renton® PLAN • Planning Review · Land Use Version 2 I May 15, 2017 ·.. . Community Services Review Comments . :... . · ·· .· Contact: Leslie Beflach I 425-430-66191 LBetlach@rentonwa.gov Gene Coulon Memorial Beach Park.~ Please note that parking is for day use only at Gene Coulon Memorial Beach Parle and for park patrons. The number of parking spaces does not support additional activities from neighboring amenities. Prefer to strike this reference from the documentation, and wherever else it occurs. Ran: May 15, 2017 Pages ofS Denis Law Mayor Community & Economic Development C. E. "Chip" Vincent, Administrator April 20, 2017 Kenny Booth The Watershed Company 750 Sixth Street South Kirkland, WA 98033 SUBJECT: "Off Hold" Notice Southport Shoreline Modifications, LUAlG-000614, ECF, SM Dear Mr. Booth: Thank you for submitting the additional materials requested in the October 11, 2016 letter from the City. Your project has been taken off hold and the City will continue review of the Southport Shoreline Modifications project. The Shoreline Substantial Development Permit has been rescheduled for consideration by the Environmental Review Committee on May 15, 2017. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Senior Planner cc: SECO Development Inc./ Owner Rocale Timmons/ Applicant Karen Walter/ Party of Record 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Denis Law Mayor October 11, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator Kenny Booth The Watershed Company 750 Sixth Street South Kirkland, WA 98033 SUBJECT: "On Hold" Notice Southport Shoreline Modifications, LUA16-000614, ECF, SM Dear Mr. Booth: The Planning Division of the City of Renton accepted the above master application for review on September 21, 2016. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before January 11, 2017 so that we may continue the review of the above subject application: • On October 5, 2016, Karen Walter with the Muckleshoot Indian Tribe Fisheries Division provided agency comments regarding the subject application. The questions have been modified slightly to give you opportunity to comment on each question. 1. The Lake Study notes that the proposed new floats are "intended to provide public access opportunities for primarily non-motorized watercraft." How do you intend to regulate these floats so they do not become moorage facilities for motorized watercrafts? 2. Why is the easternward float as large as proposed? If it is to be used for non-motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. 3. More information is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Southport Shoreline Modifications, LUA16-000614, ECF, SM Page 2 of 3 4. Have you tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the Lake Study. 6. Why are you proposing to keep the existing timber pile stubs shown east to the new easternward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. 7. The Lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the Biological Evaluation notes that there may be lighting. Please clarify if the new floats will have artificial lighting. 8. Also, the Lake Study and Biological Evaluation notes the four, 5-story mixed-use apartment buildings, a new hotel comprised of two-12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? 9. Can you work with WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. • On page 1, of the submitted, project narrative, it reads: "The central shoreline area ten feet upland of the bulkhead includes a pedestrian easement (Recording Nos. 2005102100894, 20051021000895, and 20051021000896)." Please note that there are four (4) recorded public pedestrian easements to the City related to this property (Rec. Nos. 2005102100894, 20051021000895, and 20051021000896, and 20160208000458). • On page 9, of the submitted project narrative, it reads: "an additional 3,853 square feet of publically accessible shoreline use area is being added. Accordingly, at least three additional public parking spaces will be provided. The nearest parking that is provided (see Figure 2) is located approximately 150 feet from the shoreline and outside of vegetated buffers. Since boat launching will not occur an site, the demand for public parking is expected ta be minimal. There is additional parking nearby associated with the apartments, the forthcoming hate/, the commercial developments, and the nearby Gene Coulon Memorial Southport Shoreline Modifications, LUA16·000614, ECF, SM Page 3 of 3 Beach Park. Much of these additional parking facilities will be available for use by the public." Parking is for day-use only at Gene Coulon Memorial Beach Park, and for park patrons. The parking spaces provided at the Park do not support additional activities from neighboring amenities. Please remove all references to off-site parking availability at Gene Coulon Memorial Beach Park within the project narrative and any other submitted document that makes the same claim. • Please provide additional clarification regarding the comments included under the pre-application meeting summary comment on June 21, 2016. Comments are as follows: o Clarify and describe in more detail why the project will not be replacing the abandoned 164-foot-long floating walkway referred to as the "log boom." This log boom protected the wood bulkhead on the eastern edge of Southport's property line and provided shoreline protection by minimizing wave action to Gene Coulon Memorial Beach Park. The structural integrity to all surrounding bulkheads should be adequately addressed to ensure Park stability. The structural observation report should also address impacts to the natural shoreline of Bird Island as a result of abandoning the log boom. o With increased boat traffic, staff recommends completing a Wave Analysis. The report should incorporate all potential impacts to Gene Coulon Memorial Beach Park around Bird Island and the west side of Coulon Park (the area near the vicinity of the abandoned log boom). Please specify vessel sizes and trip numbers as part of the analysis. Recommended mitigation and protection measures should also be included in the report to regulate boat traffic. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Senior Planner cc: SECO Development Inc./ Owner Leslie Betlach ---------Renton Plan Review Routing Slip Plan Number: LUA16-000614 Name: Southport Shoreline Pre-App Site Address: 1053 LAKE WASHINGTON BLVD N, LOT Description: The applicant, SECO Development, Inc., is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate grated fioats for small watercraft on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site is located at the Southport development at 1053 and 1083 Lake Washington Blvd N (APN 0523059075, 0523059076 and 0823059216) in Renton, WA in the Urban Center zone (UC). The construction activities are expected to take approximately 45 days. The project includes the following modifications: add a 2,013 sf grated ramp and fioat to the eastern shoreline and a 528 sf grated ramp and fioat near the western shoreline; install a grated decking over 360 feet of repaired bulkhead; abandon a recently removed 164-foot long fioating walkway /log boom; remove several logs resting against the bulkhead; anchor and link logs from log boom western attachment piling; extract roughly 101 derelict piles, two (2) dolphins piles (total of 14 piles) and two (2) finger piers via vibratory extraction method as mitigation; and install a pump -out facility along the existing western wharf. Materials would be transported to and from the site by supply and debris barges and materials on site. The bulkhead repair includes removing the outermost row of rounded timber piles (approx. 20). Followed by cutting the inner row of rounded timber piles supporting the bulkhead below the low water line and fitted with a steel sleeve. In places where the timber piles are missing within the inner row, a new 8" -diameter steel piles would be driven. A new timber waler would be added to the waterward side of the steel sleeved pile. Existing anchors would be reconnected or replaced. The inner timber sheet pile would be cut below the low water line and a steel plate would be secured to the timber sheet pile with bolts and filled with concrete. The project is designed to improve fish habitat and prevent further creosote leaching from the piles into Lake Washington and enhance public shoreline access and recreational opportunities. The project is located in a high seismic area, Lake Washington Reach H and the Aquatic Overlay District. The site is designated as Shoreline High Intensity by the Shoreline Master Program. No trees and/or vegetation would be removed as a result of the project. The applicant submitted the following reports: Lake Study, Biological Evaluation for Fish and Wildlife Species and a Structural Observation Report. Review Type: Date Assigned: Community Services Review-Version 1 09/21/2016 Date Due: 10/05/2016 Project Manager: Clark Close Environmental Im pact Earth Animals Air Envi ronmenta I Hea Ith Water Energy/Natura I Resources Plants Housing Land/Shoreline Use Aesthetics Where to enter your comments: Manage My Reviews Which types of comments should be entered: Light/GI a re Hi storic/Cultura I Preservation Recreation Airport Envi ronmenta I Utilities 10,000 Feet Transportation 14,000 Feet Pub I ic Service Recommendation -Comments that impact the project including any of the Enivornmental Impacts above. Correction -Corrections to the project that need to be made before the review can be completed and /or requesting submittal of additional documentation and/or resubmittal of existing documentation. What statuses should be used: Reviewed -I have reviewed the project and have no comments. Reviewed with Comments -I have reviewed the project and 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 LUA16-00614 Betlach Project Comments On June 21, 2016 several Pre-Application comments were made regarding Southport Shoreline Pre- application Submittal PRE16-00406. At that time, concerns were expressed regarding the potential impacts to the shoreline stability of Coulon Park. Four of the six comments have not been adequately addressed: /Pre-Application Comments) 1. Clarify/Describe "Abandon Recently Removed Log Boom" on Sheet 4 of 12. This log boom provides shoreline protection by minimizing wave action to Coulon Park. 2. With increased boat traffic, provide a wave analysis, describing potential impacts to Coulon Park around Bird Island and the west side of Coulon Park that abuts the Southport property (vicinity of location of Log Boom to be abandoned). 3. Dolphins/Piles have been identified as creosote-based. Will pilings be cut or removed? if removed, will soil be tested and removed? Describe removal methods to be utilized, protection measures and environmental impacts if any 4. The above-attached Recorded Easement is missing; there are 4 recorded easements. The above attached easement is directly related to the western shoreline work. While the Technical Memorandum prepared by The Watershed Company indicates that the log boom was previously removed from the site approximately ten years ago, the boom protected the wood bulkhead on the eastern edge of Southport's property line. This same bulkhead is supporting Gene Coulon Memorial Beach Park property. A good photo of the wood bulkhead can be found in in the Technical Memorandum "Figure 1. The western portion of Gene Coulon Memorial Beach Park in the vicinity of the proposed floats. Note the bulkheaded shoreline and the natural shoreline of Bird Island." The log boom has not been replaced which preceeded this proposal which includes installing ramps and floats for boat moorage. The two paragraph response in the Technical Memorandum does not constitute a Wave Analysis prepared by a structural engineer. Paragraph 2 indicates there may be some erosion to Bird Island; this too, has not been quantified. The impacts to the wood bulkhead which is the western edge of Coulon Park (common edge to Southport) have not been adequately addressed to ensure park stability. The studies included in the application packet note that the western bulkhead was constructed in the 1920's -the City has no information on the age of the Eastern bulkhead and this application does not address this bulkhead. In addition, Section 2 of the Southport Shoreline Modifications document indicates that the bulkhead supporting Southport's existing walkway/promenade, adjacent to the existing apartments and hotel, has portions of the structure missing with other parts corroded and non-functional A Wave Analysis completed by a structural engineer specializing in marine work to identify potential wave impacts to Bird Island as well as Coulon Park is recommended. In addition, the structural integrity of the bulkhead is to be determined in order to identify the integrity of the bulkhead and park stability under this development proposal. The application does not specify vessel sizes nor trip numbers; assumptions for both should be included in the Analysis. The project narrative in the document Southport Shoreline Modifications (page 10) indicates that the floats will be used primarily by non- motorized watercraft and if this is the assumption, the development as proposed should be conditioned that the floats be for non-motorized watercraft use. Otherwise a recommendation for maximum vessel size should be included in the analysis as well as protection measures, if necessary. The proposal includes the removal of creosote dolphins and piles using a vibratory pile extraction method with the potential for work to occur between July 15 and August 1. The City recommends all in- water work to occur during park non-peak season (May 31 through day after Labor Day) in order to minimize impacts to swimmers and other park patrons. In addition, Coulon Park and the surrounding area has been identified as a high seismic area. Clarification is needed as to the impacts to Coulon Park-particularly the area behind the bulkhead. Please note that there are 4 recorded public pedestrian easements to the City related to this property (see Southport Shoreline Modifications prepared by the Waterhed Company, page 1 last paragraph: #20051021000894 #20051021000895 #20051021000896 #20160208000458 (missing) Agencies See Attached Kenny Booth, The Watershed Co. Contact Greg Krape, SECO Contact Michael Christ, SECO Applicant (Signature of Sender): STATE OF WASHINGTON 55 COUNTY OF KING I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, I know or have satisfactory evidence that S -.1,r·, "'"-I'-'\ ·,r"".\-e_ 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: lu2/-r&M<J ..? l )QI<;- I J Notary (Print): My appointment expires: Southport Shoreline Modifications LUA16-000614, ECF, MOD template -affidavit of service by mailing Dept. of Ecology** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 AGENCY (DOE) LETIER MAILING {ERC DETERMINATIONS) Dept. of Ecology ** Attn: Misty Blair PO Box 47703 Olympia, WA 98504-7703 Muckleshoot Indian Tribe Fisheries Dept. .. Attn: Karen Walter or SEPA Reviewer 39015 -172nd Avenue SE Auburn, WA 98092 WSDOT Northwest Region* Duwamish Tribal Office* Muckleshoot Cultural Resources Program** Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Laura Murphy King Area Dev. Serv., MS-240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division* Muckleshoot Cultural Resources Program** Seattle District Office Environmental Planning Supervisor Attn: Erin Slaten Attn: SEPA Reviewer Ms. Shirley Marroquin 39015 17211d Avenue SE PO Box C-3755 201 s. Jackson ST, MS KSC-NR-050 Auburn, WA 98092-9763 Seattle, WA 98124 Seattle, WA 98104-385S Boyd Powers * * * WDFW -Larry Fisher"' Office of Archaeology & Historic Preservation"' Depart. of Natural Resources 1775 12th Ave. NW Suite 201 Attn: Gretchen Kaehler PO Box 47015 Issaquah, WA 98027 PO Box 48343 Olympia, WA 98504-7015 Olympia, WA 98504-8343 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Tim McHarg Attn: Charlene Anderson, AICP, ECO 35030 SE Douglas St. #210 Director of Community Development 220 Fourth Avenue South Snoqualmie, WA 98065 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 98056 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Wendy Weiker, Community Svcs. Mgr. Jack Pace, Responsible Official Gary Kriedt 355 110'" 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 Puget Sound Energy Jalaine Madura, Doug Corbin, Municipal liaison Mgr. Attn: SEPA Responsible Official 6905 South 228'" St 700 Fifth Avenue, Suite 4900 Kent, WA 98032 PO Box 34018 Seattle, WA 98124-4018 *Note: lf 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 *"' Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L erin .slate n@ m uckleshoot.nsn.u s ***Department 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 523059076 Current Resident 1083 Lake Washington Blvd N APT A101 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A104 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A107 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A110 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A203 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A206 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A209 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A302 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A305 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A308 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A102 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A105 Renton, WA 98056 523059076 Current Resident 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523059076 Current Resident 1083 Lake Washington Blvd N APT B202 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B205 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B208 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A402 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A405 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT A408 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT BlOl Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B104 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B107 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT BllO Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B203 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B206 Renton, WA 98056 523059076 Current Resident 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APT B304 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8307 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B310 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8403 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B406 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B409 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C102 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C105 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C108 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B302 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B305 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B308 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B401 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8404 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8407 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8410 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C103 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C106 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C109 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8303 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT 8306 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B309 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B402 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B405 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT B408 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C101 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C104 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C107 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT CllO Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT Clll Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C203 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C206 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C209 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C301 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C304 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C307 Renton, WA 98056 523059076 Rockin' Rocale Timmons;) 1083 Lake Washington Blvd N APT C310 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C402 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C405 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C201 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C204 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C207 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C210 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C302 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C305 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C308 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C311 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C403 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C406 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C202 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C205 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C208 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C211 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C303 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C306 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C309 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C401 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C404 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C407 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C408 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C411 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D103 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D106 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D109 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D112 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D115 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D202 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D205 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D208 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C409 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D101 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D104 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT Dl07 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D110 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D113 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D116 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D203 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D206 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D209 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT C410 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D102 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D105 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D108 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D111 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D114 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D201 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D204 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D207 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D210 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D211 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D214 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D301 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D304 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D308 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D311 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D314 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D401 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D404 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D407 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D212 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D215 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D302 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D305 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D309 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D312 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D315 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D402 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D405 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D408 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D213 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D216 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D303 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D306 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D310 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D313 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D316 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D403 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D406 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D409 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D410 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D413 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D416 Renton, WA 98056 823059055 Current Resident 1131 Lake Washington Blvd N UNIT E317 Renton, WA 98056 823059055 Current Resident 1133 Lake Washington Blvd N UNIT 90 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D411 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D414 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N Suite 50 Renton, WA 98056 823059055 Current Resident 1133 Lake Washington Blvd N UNIT 60 Renton, WA 98056 723059001 BOEING COMPANY THE PO BOX 3707 M/C 20-00 SEATTLE,WA 98124 523059076 Current Resident 1083 Lake Washington Blvd N APT D412 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N APT D415 Renton, WA 98056 523059076 Current Resident 1083 Lake Washington Blvd N UNIT 30 Renton, WA 98056 823059055 Current Resident 1133 Lake Washington Blvd N UNIT 80 Renton, WA 98056 -----Renton® __.......~ R CITY OF ----enton® NOTICE OF APPLICATION ANO PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) ~j':.";===~.:.r:~:::;..""~i.!:;"-""'olCommuolty&Econ°"'l'D-•omont P\Jblll:A-1<. ... lwlofl'l';-111o,,--•OIIU..noaaary C"Tll"'NOT1CEO,IJll'1.JO.TION: LANDUSUW.,R.ll lU ... l6--000614,lCf,SM mw;';:;;;;;;;;:------------------:~~::;:.ss·, __________ clTY/ITATtf?IP',,. ------ CERTIFICATION -c~y 1, (i.A1v2 l'--i-1--(c,h~ hereby certify that GOftteS of the above document were posted in_: _L conspicuous places or nearby the described property on f'/[ct(·L Date:. ___ '1'-'--1 "~' µ..c, /,:..· ____ _ STATE OF WASHINGTON ss COUNTY OF KING I certify that I know or have satisfactory evidence that ( \4 ,r IL Yi-C),n';,£ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. ~[ I blic in and for the State of Washington / Notary (Print):_ -~l\Pl.!.. 1 µ,.l~*--l .... J<OJ.!Jol'-"c&'"'--------- My appointment expires:_ ::il<'.'.f'" ,t .;i,4 Jb8 Denis Law Mayor September 2r2016 - Community & Economic Development C. E. "Chip" Vincent, Administrator Kenny Booth The Watershed Company 750 Sixth Street South Kirkland, WA 98033 Subject: Notice of Complete Application Southport Shoreline Modifications, LUAlG-000614, ECF, SM Dear Mr. Booth: The Planning Division ofthe City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on October 17, 2016. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Senior Planner cc: SECO Development Inc./ Owner(s) 1055 South Grady Way, Renton, WA 98057, rentonwa.gov I RentOil 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 APPLICATIDN: September 21, 2016 LAND USE NUMBER: LUA16-000614, ECF, SM PROJECT NAME: Southport Shoreline Modifications PROJECT DESCRIPTION: The applicant, SECO Development, Inc., is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate grated floats for small watercraft on the shore of lake Washington, a Shoreline of Statewide Significance. The proposed project site is located at the Southport development at 1053 and 1083 Lake Washington Blvd N (APN 0523059075, 0523059076 and 0823059216) in Renton, WA in the Urban Center zone (UC). The construction activities are expected to take approximately 45 days. The project includes the following modifications: add a 2,013 sf grated ramp and float to the eastern shoreline and a 528 sf grated ramp and float near the western shoreline; install a grated decking over 360 feet of repaired bulkhead; abandon a recently removed 164-foot long floating walkway/log boom; remove several logs resting against the bulkhead; anchor and link logs from log boom western attachment piling; extract roughly 101 derelict piles, two (2) dolphins piles {total of 14 piles] and two (2) finger piers via vibratory extraction method as mitigation; and install a pump-out facility along the existing western wharf. Materials would be transported to and from the site by supply and debris barges and materials on site. The bulkhead repair includes removing the outermost row of rounded timber piles (approx. 20). Followed by cutting the inner row of rounded timber piles supporting the bulkhead below the low water line and fitted with a steel sleeve. In places where the timber piles are missing within the inner row, a new 8,,-diameter steel piles would be driven. A new timber waler would be added to the waterward side of the steel sleeved pile. Existing anchors would be reconnected or replaced. The inner timber sheet pile would be cut below the low water line and a steel plate would be secured to the timber sheet pile with bolts and filled with concrete. The project is designed to improve fish habitat and prevent further creosote leaching from the piles into Lake Washington and enhance public shoreline access and recreational opportunities. The project is located in a high seismic area, Lake Washington Reach H and the Aquatic Overlay District. The site is designated as Shoreline High Intensity by the Shoreline Master Program. No trees and/or vegetation would be removed as a result of the project. PROJECT LOCATION: 1053 and 1083 Lake Washington Blvd N OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-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 DN5-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: August 16, 2016 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.: Southport Shoreline Modifications/LUA16-000614, ECF, SM NAME: __________________________________ _ MAILING ADDRESS: _________________ CITY/STATE/ZIP:----------- TELEPHONE NO.:--------------- • RentOil NOTICE OF COMPLETE APPLICATION: September 20, 2016 APPLICANT: PROJECT CONTACT PERSON: Permits/Review Requested: Other Permits which may be required: Requested Studies: location where application may be reviewed: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mltle:atlon Measures: SECO Development Inc., 1083 Lake Washington Blvd N. Suite 50, Renton, WA 98056 Kenny Booth, The Watershed Company/ 750 Sixth Street South/ Kirkland, WA 98033/ 425-822-5242/ kbooth@watershedco.com Environmental {SEPA) Review and Shoreline Substantial Development Building Permit, Construction Permit, Water Quality Certification and Coastal Zone Management Consistency Determination (DOE), and Hydraulic Project Approval (WDFW) Lake Study, Biological Evaluation for Fish and Wildlife Species, and Structural Observation Report. Department of Community & Economic Development (CED) -Plannin1 Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 The subject site is designated Commercial & Mixed Use (CMU) on the City of Renton Comprehensive Land Use Map and Urban Center (UC} on the City's Zoning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, RMC 4-2-120A, RMC 4- 3·090, RMC 4·9--070, 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. • The applicant shall comply with the recommendations included in the Lake Study narrative, prepared by The Watershed Company, dated August 2016. • The applicant shall comply with the recommendations included in the Biological Evaluation for Fish and Wildlife Species narrative, prepared by The Watershed Company, dated June 2016. 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.: Southport Shoreline Modifications/LUA16·000614, ECF, SM NAME: __________________________________ _ MAILING ADDRESS: ________________ CITY/STATE/ZIP:---------- TELEPHONE NO.: ______________ _ , _____ _ _____ ___.,,,,..,..R=""111/J1111/ 0 e-n t O Il 0 Comments on the above application must be submitted in writing to Clark H. Close, Senior Planner, CED -Planni ng Division, 1055 South Grady Way, Re nton, WA 98057, by 5 :00 PM on October S, 2016. If you have questions about this p roposal, or wish to be made a party of record and rece ive additional not ifi cation by mai l, contact the Project Manager. Anyone who submits written comments will au t omatically become a party of record an d will be notified o f any decision on this p roject . A copy of the subsequent thresho l d determination i s available upon request. CONTACT PERSON: Clark H. Close, Senior Planner; Tel: (425) 430-7289; Email: cclose@rentonwa .gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ------~ItentOil ® AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN STATE OF WASHINGTON Planning Division 1055 South Grady Way, Renton , WA 98057 Phone: 425-430-7200 I www.rentonwa.gov ) ) ss ) COUNTY OF KING Greg Krape being first duly sworn on oath, deposes and says: 1. On the 12th day of __ s_e_p_te_m_b_e_r _, 20~ I installed information sign(s) and plastic flyer box on the property _1_0_8_3_L_a_k_e_W_a-'-sh_i_n...._g-'-'to_n_B_l_v_d_N ____ for the following project: Southport Shoreline Modifications Project Name SECO Development Owner Name 1 public located at 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "P ublic Informa tion Signs ~ package. ~~~e SUBSCRIBED AND SWORN to before met Installer Signature in anq. for the State of Washington, en-fov\ l (J -2-2 --I 7 My commission expires on ____ 7_-'----- 7 Rev.04/2016 Denis Law Mayor August 25, 2016 Kenny Booth Community & Economic Development C. E. "Chip" Vincent, Administrator The Watershed Company 750 Sixth Street South Kirkland, WA 98033 Subject: Notice of Incomplete Application Southport Shoreline Modifications, LUA16-000614, ECF, SM Dear Mr. Booth: The Planning Division of the City of Renton has determined that the subject application is incomplete according to submittal requirements and, the following items will need to be submitted by November 25, 2016, in order to continue processing your application: • Provide 12 copies of the SEPA Checklist based on the August 2016 on line version. • Provide one original affidavit of installation of public information sign plus 1 copy of the affidavit attesting that the required public information sign has been installed. Please contact me at (425) 430-7289 if you have any questions. Sincerely, ~11.ce-_ Clark H. Close Senior Planner cc: SECO Development Inc./ Owner(,) 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov DEPARTMENT OF COM~ . IITY AND ECONOMIC DEVELOPMENT ---------Rentoll 8 Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: SEGO Development Inc. Southport Shoreline Modifications PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ADDRESS: 1083 Lake WashinQton Blvd N. Suite 50 1083 Lake Washington Blvd N. CITY: ZIP: Renton 98056 TELEPHONE NUMBER: 425.282.5833 x308 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0523059075,0523059076,0823059216 APPLICANT (if other than owner) NAME: EXISTING LAND USE(S): CMU PROPOSED LAND USE(S): CMU COMPANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: CMU PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) NIA TELEPHONE NUMBER: EXISTING ZONING: UCN CONT ACT PERSON PROPOSED ZONING (if applicable): NIA NAME: SITE AREA (in square feet): 580,888 Kennv Booth SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: N/A The Watershed Comoanv SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 750 Sixth Street South NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable) NI A Kirkland 98033 TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) NIA 425.822.5242 NUMBER OF NEW DWELLING UNITS (if applicable): kbooth@watershedco.com N/A 1 C:\Users\gkra pe\AppData \Loca I\M icrosoft\ Windows\! NetCache\Content.Outloo k\ 7 J NVOT78\Master Land Use Application.doc Rev: 08/2015 r-i{OJECT INFORMATION (co ... mued) ~-~-----L------------ NUMBER OF EXISTING DWELLING UNITS (if applicable): P RO J EC T VALUE N/A $500,000 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A 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): 153,798 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N/A 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO 0 FLOOD HAZARD AREA 0 GEOLOGIC HAZARD 0 HABITAT CONSERVATION ['ii;! SHORELINE STREAMS & LAKES 0 WETLANDS LEGAL DESCRIPTION OF PROPERTY __ sq.ft. __ sq.ft. __ sq.ft. 3.853 sq. ft. __ sq.ft. (Attach legal description on separate sheet with the followina information included\ SITUATE IN THE SW QUARTER OF SECTION Q. TOWNSHIP 23. RANGE Q. IN THE CITY OF RENTON. KING COUNTY. WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Greg Krape, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) D the current owner of the property involved in this application or ['ii;! 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. Signatur~ntative r@Jt-Signature of Owner/Representative Date STATE OF WASHINGTON ) ) ss COUNTY OF KING ) Notary (Print): My appointment expires: D'-/. OS-,2() 2 C:\Use rs \gkra pe \App Data \Loca I\M icrosoft\ Windows\! NetCache \Content.Outlook\ 7 J NVOT78\Maste r Land Use Application.doc Rev:08/2015 CONSENT TO ACTION OF SOLE DIRECTOR IN LIEU OF SPECIAL MEETING OF BOARD OF DIRECTORS The undersigned, being the sole director of SECO Development, Inc., a Washington corporation (the "Corporation"), consents to the following actions of the Board of Directors, adopted by consent in lieu of special meeting pursuant to RCW 23B.08.210: I. Bylaws. The Bylaws attached hereto and incorporated by this reference are hereby adopted as the Bylaws of this corporation. 2. Officers. The following are hereby elected as officers of the Corporation to serve until the next annual meeting of the directors of the Corporation and until their successors are elected and qualified, unless any such officer is sooner removed from his or her office by action of the Corporation's Board of Directors: CEO President Secretaryffreasurer Michael P. Christ GregKrape Michael P. Christ 3. Effective Date. The actions authorized in this Consent shall take effect on June I, 2016. 3129/007 05/26/16 -I -consent appointing officers 2016 v2 tread\SECO Development\Advisory TECHNICAL MEMORANDUM Date: To: From: Pre-Application Number TWC Project Number: Project Name: August 15, 2016 Roca le Timmons Kenny Booth, Andy Noone PRE 16-000406 150809 Southport Shoreline Modifications THI WATERSHED (~ C),\\ !11\ N \' Subject: Legal Description: Southport Shoreline Modifications Properties Parcel # 0523059076 Legal Description: LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 99-134-SHPL RECORDING NO 20000131900006 BEING PARCEL B OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 98-176 LLA RECORDING NO 9902019014 BEING A PORTION OF GOV LOT 1 IN NW 1/4 OF SECTION 08-23-05 LY NLY & WL Y OF BURLINGTON NORTHERN RAILROAD CO R/W AND PORTION OF LAKE WASHINGTON SHORELANDS IN SW 1/4 OF SECTION 05-23-05 Parcel # 0523059075 Legal Description: "NEW LOT A" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) Parcel # 0823059216 Legal Description: "NEW LOT B" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) 750 Sixth Street South I Kirkland, WA 98033 p 425.822.5242 I / 425.827.8136 I watershedco.com ., • BYLAWS OF SECO DEVELOPMENT, INC. ARTICLE I. OFFICES 1. 1 REGISTERED OFFICE AND REGISTERED AGENT: Theregistered office of the corporation shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices as may be required by law, and the registered agent shall have a business office identical with such registeredoffice. 1. 2 OTHER OFFICES: The corporation may have such other offices,either within or without the State of Washington, as the Board of Directors may designate or as the business ofthe corporation may require. ARTICLE2. SHAREHOLDERS 2. 1 ANNUAL MEETING PLACE: All meetings ofthe shareholders shall be held at the registered office of the corporation or at such other place as shall be determined from time to time by the Board of Directors, and the place at which any such meeting shall be held shall be stated in the noticeofthe meeting. 2. 2ANNUAL MEETING TIME: The annual meeting of the shareholders for the election of directors and for the transaction of such other business as may properly come before the meeting shall be held each year on the last business day of April. If the election of directors is not held onthe day designated for the annual meeting of the shareholders, or at any adjournment thereof, the election shall be held at a special meeting of the shareholders called as soon thereafter as practicable. 2. 3 ANNUAL MEETING -ORDER OF BUSINESS: meeting of shareholders, the order of business shall be as follows: At the annual (a) Calling of the meeting toorder. ( b) Proof of notice of meeting ( orfiling waiver). secge/BYLAWS2b/040300 PAGE 1 CONSENT TO ACTION OF SOLE DIRECTOR IN LIEU OF SPECIAL MEETING OF BOARD OF DIRECTORS The undersigned, being the sole director of SECO Development, Inc., a Washington corporation (the "Corporation"), consents to the following actions of the Board of Directors, adopted by consent in lieu of special meeting pursuant to RCW 23B.08.210: I. Bylaws. The Bylaws attached hereto and incorporated by this reference are hereby adopted as the Bylaws of this corporation. 2. Officers. The following are hereby elected as officers of the Corporation to serve until the next annual meeting of the directors of the Corporation and until their successors are elected and qualified, unless any such officer is sooner removed from his or her office by action of the Corporation's Board of Directors: CEO President Secretary/freasurer Michael P. Christ GregKrape Michael P. Christ 3. Effective Date. The actions authorized in this Consent shall take effect on June 1, 2016. 3129/007 05126/16 • I • consent appointing officers 2016 v2 tread\SECO Development\Advisory ( c) Reading of minutes of last annualmeeting. (ct) Reports of officers. (e) Reportsofcommittees. (f) Electionofdirectors. (g) Miscellaneous business. 2 . 4 SPECIAL MEETINGS: Special meetings of the shareholders for any purpose may be called at any time by the President,Board of Directors, or the holders of not less than one-tenth of all shares entitled to vote at the meeting. 2.5 NOTICE OF MEETING: The President or Board when calling an annual or special meeting of shareholders shallcause to be delivered to each shareholder entitled to vote at the meeting, either personally or by mail not less than ten nor more than fifty days before the meeting, written notice stating the place, day and hour of the meeting, and in the case of a special meeting , the purpose or purposes for which the meeting is called. 2. 6 VOTING LISTS : The officer or agent having charge of the stock transfer books for shares of the corporation shall make a complete list of the shareholders entitled to vote at each meeting of shareholders or any adjournment thereof, arranged in alphabetical order , with the address of and the number of shares held by each. Such list shall beproduced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting for the purposesthereof. 2. 7 ACTION BY SHAREHOLDERS WITHOUT A MEETING: Any action required or permitted to be taken at a shareholders ' meeting may be taken without a meeting if a written consent setting forth the action taken is signed by all shareholders entitled to vote with respect to the subject matter of such action. Any such consent shall be inserted in theminute book as ifit were the minutes of a shareholders' meeting. So long as there is only one shareholder in the corporation , anything executed by that shareholder on behalf of the corporation inany capacity shall, ipso facto, constitute shareholder approval of that act, irrespective of the capacity in which the shareholder shall have executed the item. 2.8 QUORUM: A majority of the outstanding shares of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a shareholders' meeting. The votes of the majority in interest of those present at any properly secge/BYLAWS2b/040300 PAGE 2 called meeting or adjourned meeting of shareholders at whicha quorum as in this paragraph defined is present , shall be sufficient to transact business. If less than a majority of the outstanding shares are represented at a meeting , a majority of the shares so represented may adjourn the meeting from time to time without further notice. At any adjourned meeting at which a quorum is present or represented, any business may be transacted that might have been transacted at the meeting as originally notified. The shareholders present at a duly organized meeting may continue to transact business until adjournment , notwithstanding the withdrawal of enough shareholders to leave less than a quorum. 2.9 PROXIES: At all shareholders ' meetings a shareholder may vote by proxy executed in writing by the shareholder or by his or her attorney in fact. Such proxy shall be filed with the Secretary of the corporation before or at the time of the meeting. Unless otherwise provided in the proxy, a proxy shall be invalid after 11 months from the date of its execution. 2.IOCLOSING OF TRANSFER BOOKS: For the purpose of determining shareholders entitled to notice of or to vote atany meeting of shareholders, or any adjournment thereof,orentitled to receive payment or any dividend, or in order to make a determination of shareholders for any other proper purpose, the Board of Directors may provide that the stock transfer books shall be closed for a stated period of not to exceed fifty days nor be less than ten days preceding such meeting. In lieu of closing the stock transfer books, the Board of Directors may fix in advance a record date for any such determinat ion of shareholders , such date to be not more than fifty days and, in case of a meeting of shareholders, not Jess than ten days prior to the date on which the particular action requiring such determination of shareholders is to betaken. Ifthe stock transfer books are not closed and no record date is fixed for the determination of the shareholders entitled to notice of, or to vote at a meeting of shareholders , or shareholders entitled to receive payment ofa dividend, the date on which notice of the meeting is mailed or the date on which the resolution ofthe Board of Directors declaring such dividend is adopted , as the case may be, shall be the record date for such determination of shareholders. 2 . 11 VOTING OF SHARES : Each outstanding share entitled to vote shall be entitled to one vote upon each matter submitted to a vote at a meeting of shareholders . secge/BYLAWS2b/040300 PAGE 3 2 . 12 CUMULATIVE VOTING: The right to cumulate votes in the election of directors shall exist with respect to shares of stock in thiscorporation. 2 .13 VOTING SHARES BY CERTAIN HOLDERS: Shares standing in the name of another corporation may be voted by such officer, agent or proxy as the bylaws of such corporation may prescribe, or, in the absence of such provision, as the Board of Directors of such corporation maydetermine. Shares held by an administrator, executor,guardian or conservator may be voted by him or her, either in person or by proxy , without transfer of such shares into his or hemame. Shares standing in the name of a trustee may be voted by him or her, either in person or by proxy, but no trustee shall be entitled to vote shares held by him or her without a transfer of such shares into his or her name. Shares standing in the name of a receiver may bevoted by such receiver, and shares held by or under the control of a receiver may be voted y such receiver without the transfer thereof into his or her name if authority to do so be contained in an appropriate order of the court by which such receiver was appointed. A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee , and thereafter the pledgee shall be entitled to vote the shares sotransferred. Shares of its own stock belonging to the corporation shall not be voted, directly or indirectly, at any meeting, and shall not be counted in determining the total number of outstandingshares at any given time. ARTICLE 3. BOARD OF DIRECTORS 3 . 1 NUMBER AND POWERS: The management of all theaffairs, property and interest of the corporation shall be vested in a Board ofDirectors,consisting ofup to three persons, who shall be elected for a term of one year, and shall hold office until their successors are elected and qualify,orthey resign or are removed. Directors need not be shareholders or residentsofthe State of Washington. In addition to the powersand authorities expressly conferred upon it by these Bylaws and by the Articles of Incorporation, the Board of Directors may exercise all such powers of the corporation and do all such lawful acts andthings as are not by statute or by the Articles of Incorporation or by these Bylaws directed or required to be exercised or done bythe shareholders. 3 . 2 CHANGE OF NUMBER: The number of directors may at any time be increased or decreased by amendment of these Bylaws,but secge/BYLAWS2b/040300 PAGE 4 no decrease shall have the effect of shortening the term of any incumbent director. For all purposes of these Bylaws, the number of Directors elected, up to three in number, shall be the number of directors authorized. 3 . 3 REGULAR MEETINGS: A regular Board meeting shall be held without notice immediately after and at the same placeas the annual meeting of shareholders. By resolution, the Board may provide the time and place either within or without the State of Washington for holding additional regular meetings without other notice than suchresolution. 3. 4 SPECIAL MEETINGS: Special Board meetingsmaybe called by or at the request of the President or any director. The person or persons authorized to call special meetings may fix any place either within or without the State ofWashington as the place for holding any special Board meet ing called by them. 3. 5 NOTICE: Written notice of each special Board meeting shall be delivered personally , telegraphed or mailed to each director at his or her business address at least five days before the meeting. If such notice is mailed , it shall be deemed to be delivered when deposited in the United States mail properly addressed , with postageprepaid. Any director may at any time waive notice of any meeting. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting . 3.6 QUORUM: A majority of the directors shall constitute a quorum for the transaction of business at any Board meeting but, if less than such majority be present at a meeting, a majority of the directors present may adjourn the meeting from time to time without further notice. Members of the Board or any committee appointed by the Board may participate in a Board meeting or committee meeting by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time , and participation by such means shall constitute presence in person at a meeting. secge/BYLAWS2b/040300 PAGE 5 3. 7 MANNER OF ACTING: The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board. 3. 8 8 VACANCIES: Anyvacancyoccurring on the Board may be filled by the affirmative vote of a majority of the remaining directors , though less than a quorum of the Board. A director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor inoffice. Any directorship to be filled by reason of an increase in the number of directors shall be filled by an election at any annual meeting or at a special shareholders ' meeting called for that purpose. 3 . 9 REMOVAL: At a meeting ofshareholders called expressly for that purpose , one or more members of the Board (including the entire Board) may be removed, with or without cause, by a vote of the holders of a majority of the shares then entitled to vote on election of directors. If less than the entire Board is to be removed , no one of the Directors may be removed if the votes cast against his or her removal would be sufficient to elect him or her if then cumulatively voted at an election of the entire Board. 3. l O PRESUMPTION OF ASSENT: A director of the corporation present at a Board meeting at which action on any corporate matter is taken shall be presumed to have assented to theaction taken, unless his or her dissent is entered in the minutes of the meeting,he or she files his or her written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or he or she forwards such dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting. A director who voted in favor of such action may notdissent. 31. ACTION TAKEN BY DIRECTORS WITHOUT A MEETING:Any action required or permitted to be taken at a meeting of the Board may be taken without a meeting if a written consent setting forth the action to be taken is signed by each of the directors. Any such written consent shall be inserted in the minute book as if it were the minutes of a Board meeting. So long as there is only one director of the corporation, anything executed by that director on behalf of the corporation in any capacity shall, ipso facto, constitute approval of that act by the board of directors, irrespective of the capacity in which the director shall have executed the item. secge/BYLAWS2b/040300 PAGE 6 312 2EXECUTIVEANDOTHERCOMMITTEES: Standingor temporary committees may be appointed from its own number bythe Board of Directors from time to time and the Board of Directors may from time to time invest such committees with such powers as it may see fit, subject to such conditions as may be prescribed by such Board. An Executive Committee may be appointed by resolution passed by a majority of the full Board of Directors. It shall have and exercise all of the authority of the Board of Directors , except in reference to amending the Articles of Incorporation , adopting a plan of merger of consolidation, recommending the sale, lease or exchange or other dispositionof all or substantially all the property and assets of the corporation otherwise than the usual and regular course of business , recommending a voluntary dissolution or a revocation thereof, or amending the Bylaws. All committees so appointed shall keep regular minutes of the transactions of their meetings and shall cause them to be recorded in books kept for that purpose in the office of the corporation. The designation of any such committee and the delegation of authority thereto, shall not relieve the Board of Directors, or any member thereof, of any responsibility imposed by law. ARTICLE 4. OFFICERS 4. 1 DESIGNATION AND NUMBER: The officers of the corporation shall be a President, Executive Vice-President (which office may be limited to one or more specific projects) one ormore Vice-Presidents,a Secretary and a Treasurer,each of whom shall be elected by the Board. Such otherofficers and assistant officers as may be deemed necessary may be electedor appointed by the Board. Any two or more offices may beheld by the same person, except the offices of the President and Secretary. 4. 2 ELECTION AND TERM OF OFFICE: The officers of the corporation shall be elected annually by the Board at the Board meeting held after the annual meeting of the shareholders. If the election of officers is not held at such meeting, such election shall be held as soon thereafter as a Board meetingmay conveniently be held. Each officer shall hold officeuntil the next annual meeting and until his or her successor shall have been elected and qualified, unless he or she resigns or is removed. 4.3 REMOVAL : Any officer or agent elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the corporation would be served thereby, secge/BYLAWS2b/040300 PAGE 7 but such removal shall be without prejudice to thecontract rights, if any, of the person so removed. 4 . 4 VACANCIES: A vacancy in any office because of death , resignation , removal, disqualification or otherwise may be filled by the Board for the unexpired portion of the term. 4 . 5 5 PRESIDENT: The President shallbe the principal executive officer of the corporation and, subject to the Board's control, shall supervise and control all of the business and affairs of the corporation. When present, he or she shall preside over all Shareholders'meetings and over all Board meetings. With the Secretary or other officer of the corporation authorized by the Board, he or she may sign certificates for shares of the corporation, deeds , mortgages, bonds , and contracts or other instruments that the Board has authorized to be executed, except when the signing andexecution thereof has been expressly delegated by the Board or by these Bylaws to some other officer or agent of the corporation or is required by law to be otherwise signed or executed by someother officer or in some other manner. In general, he or she shall perform all duties incident to the office of the President and such other duties as may be prescribed by the Board from timeto time. 4 . 6 VICE-PRESIDENTS: In the absence of the President or in the event of his or her death, inability or refusal to act, the Vice-President who was first elected to such office shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Vice-Presidents shall perform such other duties as from time to time may be designated to them by the President or by the Board. The powers ofVice-Presidents, Executive or otherwise , may be limited to one or more specific projects, which limitation shall be contained in the election or appointment of that officer. 4. 7 7 SECRETARY: TheSecretaryshall:(a)keepthe minutes of the Shareholders'and Board meetings in one or more books provided for that purpose ; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents , the execution of which on behalf of the corporation under its seal is duly authorized; ( d) keep a register of the post office address of each shareholder as furnished to the Secretary by eachshareholder; secge/BYLAWS2b/040300 PAGE 8 ) ( e ) sign with the President, or a Vice-President, certificates for shares of the corporation , the issuance of which has been authorized by resolution of the Board; (f)have general charge of the stock transfer books of the corporation; and (g)in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the President or by the Board. The duties, but not the responsibilities,may be delegated by the Secretary for administrative convenience. 4. 8 8 TREASURER: If required by the Board, the Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Board shall determine. He or she shall have charge and custody of and be responsible for all funds and securities of the corporation , receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies or other depositaries as shall be selected in accordance with the provisions of these Bylaws , and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the President or by the Board. The duties , but not the responsibilities , may be delegated by the Treasurer for administrative convemence. 4 . 9 9 SALARIES : The salaries, bonuses and other benefits of the officers shall be fixed from time to time by the Board , and no officer shall be prevented from receiving such salary, bonus or benefit by reason of the fact that he or she is also a director of the corporation. 4 . 10 DELEGATION: In the case of absence orinability to act of any officer of the corporation and of any person herein authorized to act in his or her place, the Board of Directors may from time to time delegate the powers or duties of such officer to any other officer or any director or other person whom it may select. 4. 11 BONDS: The Board of Directors may,by resolution, require any and all of the officers to give bonds to the corporation, with sufficient surety or sureties, conditioned for the faithful performance of the duties of their respective offices, and to comply with such other conditions as may from time to time be required by the Board of Directors. secge/BYLAWS2b/040300 PAGE 9 4 .12 OTHER OFFICERS: Directors may appoint such other officers and agents as it shall deem necessary or expedient, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board of Directors. ARTICLE 5. CONTRACTS,LOANS,CHECKS AND DEPOSITS :i CONTRACTS: The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. 52 2 LOANS: No loans shall be contracted on behalf of the corporation and no evidences of indebtedness shall be issued in its name unless authorized by action by the Board, which may be general in nature, except that all loans fromother than shareholders,directors,orrelated corporations must first be specifically authorized by resolution of the Board. 53 3 AND DIRECTORS: LOANS TO OFFICERS No loans shall be made by the corporation to its officers or directors, unless first approved by the holders of two-thirds of the shares, and no loans shall be made by the corporation secured by it shares 4 CHECK, DRAFTS,ETC.: All checks,drafts or other orders for the payment ofmoney,notes or other evidences of indebtedness issued in the name of the corporation , shall be signed by such officer or officers, agent or agents, of the corporation and in such manner as is from time to time determined by resolution of the Board. Si DESPOSITS: All funds of thecorporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board may select. ARTICLE 6. CERT IF I CA TES FOR SHARES AND THEIR TRANSFER 6.1 CERTIFICATES FOR SHARES: Certificates representing shares of the corporation shall be signed by the Presidentor the Vice-President and by the Secretary and shall include on their face written notice of any restrictions which theBoard may impose on the transferability of such shares. All certificates shall be consecutively numbered or otherwise identified. The name and address of the person to whomthe secge/BYLAWS2b/040300 PAGE 10 shares represented thereby are issued, with the number ofshares and date of issue, shall be entered on the stock transfer books of the corporation. All certificates surrendered to the corporation for transfer shall be cancelled and no new certificates for a like number of shares shall have been surrendered and cancelled , except that in case of a lost, destroyed , or mutilated certificate, a new one may be issued therefor upon such terms and indemnity to the corporation asthe Board mayprescribe. 6.2 TRANSFER OF SHARES : Transfer of shares of the corporation shall be made only on the stock transfer books of the corporation by the holder of record thereof or by his orher legal representative , who will furnish proper evidence of authority to transfer, or by his or her attorney in fact authorized by power of attorney duly executed and filed withthe Secretary of the corporation, and on surrender for cancellation of the certificates for such shares. The person in whose name shares stand on the books of the corporation shall be deemed by the corporation to be the owner thereof for all purposes. 6.3 LIEN ON SHARES: The corporation shall have the first lien on all shares of its capital stock and upon all dividends declared upon the same for any indebtedness ofthe respective holders thereof to the corporation. 6.4 REGISTERED OWNER: Registered shareholders shall be treated by the corporation as the holders in fact of the stock standing in their respective names and the corporation shallnot be bound to recognize any equitable or other claim to or interest in any share on the part of any other person , whether or not it shall have express or other notice thereof, except as expressly provided below or by the laws of the State of Washington. The Board of Directors may adopt byresolution a procedure whereby a shareholder of the corporation may certify in writing to the corporation that all or a portion of the shares registered in the name of such shareholder are held for the account of a specified person or persons. The resolution shall set forth: (a) The classification of shareholder who may certify; (b) The purpose or purposes for which thecertification may be made; ( c) The form of certification and information lobe contained therein; ( d) If the certification is with respect to a record date or closing of the stock transfer books , the date within secge/BYLAWS2b/040300 PAGE 11 which the certification must be received by the corporation;and ( e) Such other provisions with respect to the procedureas are deemed necessary or desirable. Upon receipt by the corporation of a certification complying with the procedure, the persons specified in the certification shall be deemed, for the purpose orpurposes set forth in the certification, to be the holders of record of the number of shares specified in place of the shareholder making the certification. 6.5 SHARES OF ANOTHER CORPORATION,AND INTERESTS IN PARTNERSHIP (LIMITED, OR LIMITED LIABILITY)AND LIMITED LIABILITY COMPANIES: Shares or interests in partnerships (limited or limited liability) or limited liability companies , domestic or foreign, may be voted by such officer, agent or proxy as the Board of Directors may determine or, in the absence of such determinat ion, by the President of the corporation. 6.6 BOARD OF DIRECTORS: The Board of Directors shall have the power and authority to make all such rules and regulations as it may deem expedient concerning the issue, transfer, conversion and registration of certificates for shares of the capital stock of the corporation not inconsistent with the laws of the State of Washington and the Articles of Incorporation of the corporation , and these Bylaws, and subject to the rights of the stockholders or the corporation provided in the Articles of Incorporation to, from time to time, enter into such agreements as may seem expedient to them relating to the shares of stock held by them and limiting the transferability thereof. 6.7 SHAREHOLDERS' AGREEMETNS: The shareholders of this corporation may, from time to time, enter into such agreements as may seem expedient to them, relating to the shares of stock held by them and limiting the transferability thereof, and thereafter any transfer of said shares shall be made in accordance with the terms of such agreement ; provided , that before the actual transfer of said shares on the books of the corporation , written notice of such agreement shall be given by thi! corporation by filing a copy thereof with the Secretary of the corporation , and a reference to such agreement shall be stamped, written or printed on the certificates representing such shares . secge/BYLAWS2b/040300 PAGE 12 6.8 FRACTIONAL SHARES OR SCRIP: The corporation may, but shall not be obliged to, issue a certificate for a fractional share, which shall entitle the holder to exercise votingrights, to receive dividends thereon, and to participate in any of the assets of the corporation in the event of liquidation. In lieu of fractional shares, the Board of Directors may provide forthe issuance of scrip in registered or bearer form which shall entitle the holder to receive a certificate for a full share upon the surrender of such scrip aggregating a full share. ARTICLE 7. DIVIDENDS ANDFJNANCE 'll I DIVDENDS: Dividends may be declared by the Board of Directors and paid by the corporation out of the unreserved and unrestricted earned surplus of the corporation , or out of the unreserved and unrestricted net earnings of the current fiscal year and the next preceding fiscal year, subject to the conditions and limitations imposed by the State of Washington. The stock transfer books may be closed for the payment of dividends during such periods of not exceeding fifty days, as from time to time may be fixed by the Board of Directors. The Board of Directors , however, without closing the books of the corporation , may declare dividends payable only to the holders of record at the close of business, on any business day not more than fifty days prior to the date on which the dividend is paid. 12 RESERVES: Before making any distribution of earned surplus, there may be set aside out of the earned surplus ofthe corporation such sum or sums as the directors from time to time in their absolute discretion deem expedient as a reserve fundto meeting contingencies, or for equalizing dividends, or for maintaining any property of the corporation, or for any other purpose, and any earned surplus of any year not distributed as dividends shall be deemed to have been thus set apart until otherwise disposed ofby the Board of Directors. ARTICLE 8. FISCAL YEAR The fiscal year of the corporation shall be January I to December 31. ARTICLE 9. SEAL The corporation seal of this corporation shall becircular in form and contain the name of thecorporation. ARTICLE JO. WAIVER OFNOTICE secge/BYLAWS2b/040300 PAGE 13 Whenever any notice is required to be given to any shareholder or director of the corporation under the provisions of these Bylaws or under the provisions of the Articles of Incorporation or under the provision of the Washington Business Corporation Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent tothe giving of such notice. ARTICLE 11. INDEMNIFICATION 11 . 1 The corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrativeor investigative ( other than an action by or in the right of the corporation) by reason of the fact that he or she is or was a director, trustee, officer, employee or agent of the corporation or of a predecessor corporation, or is or was serving at the request of the corporation or of a predecessor corporation as a director, trustee, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceedingif he or her acted in good faith and in a manner he or her reasonably believed to be in or not opposed to the best interests of the corporation, and with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the corporation, and with respect to any criminal action or proceeding hadreasonable cause to believe that his or her conduct was lawful. 11 . 2 The corporation shall indemnify any person who was or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact thathe or she is or was a director, trustee, officer, employee oragent of the corporation, or is or was serving at the request of the corporation or of a predecessor corporation as a director, trustee, officer, employee or agent of another corporation, secge/BYLAWS2b/040300 PAGE 14 partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees) actually and reasonably incurred by him or her in connection with the defense or settlement of such action or suit if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the corporation and except that no indemnification shall be made in respect to any claim , issue or matter as to which such person shall have beenadjudged to be liable for negligence or misconduct in performance of his or her duty to the corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. 11. 3 To the extent that a director, trustee, officer, employee or agent of the corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in paragraphs 1 1. I and 11.2, or in defense of any claim , issue or matter therein, he or she shall be indemnified against expenses (includingattomeys'fees) actually and reasonably incurred by him or her in connection therewith. 11 . 4 Any indemnification under paragraph I 1. I and 11.2 above ( unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the directors , trustee , officer , employee or agent is proper in the circumstances because he or she has met the applicable standard of conduct set forth in paragraphs 11.1 and 11.2. Such determination shall be made (a)by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (b)if such quorum is not obtainable,or even if obtainable, a quorum is not obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or ( c )by the shareholders. 11. 5 Expenses (including attorneys' fees) incurred in defending a civil or criminal action, suit or proceeding maybe paid by the corporation in advance of the final disposition of such action, suit or proceeding as authorized in the manner provided in paragraph 11.4 upon receipt of an undertaking by or on behalf of the director, trustee, officer, employee or agent to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by thecorporation as authorized in this section. secge/BYLAWS2b/040300 PAGE 15 ' 11 . 6 The indemnification provided by this Article shallnot be deemed exclusive of any other rights to which those indemnified may be entitled to under any law, bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, trustee, officer, employee or agent of thecorporation. ARTICLE 12. AMENDMENTS These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by the Board of Directors at any regular or special meeting of the Board. Nothing herein shall deny the concurrent power of the shareholders to adopt, alter, amend or repeal Bylaws. ARTICLE 13. RULES OFORDER The rules contained in the most recent edition of RQ]iert's Rules of Order, newly revised, shall govern all meetings of shareholders and directors except when those rules are inconsistent with the Articles of Incorporation, Bylaws or special rules of order of the corporation Adopted by the Board of Directo n a 1989. rist, secge/BYLAWS2b/040300 PAGE 16 / / .,. PREAPPLICATION MEETING FOR SOUTHPORT SHORELINE MODIFICATIONS PRE 16-000406 CITY OF RENTON Department of Community & Economic Development Planning Division June 23, 2016 Contact Information: Planner: Rocale Timmons, 425.430.7219 Public Works Plan Reviewer: Jan Illian, 425.430.7219 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 tirrie 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). DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ----=:-:-:---=-· ------Renton® DATE: TO: FROM: SUBJECT: MEMORANDUM June 23, 2016 Pre-Application File No. 16-000406 Rocale Timmons, Senior Planner Southport Shoreline Modifications 1083 Lake Washington Blvd 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 subject property is located adjacent to the Lake Washington shoreline and is identified as the Southport Redevelopment site. The applicant is proposing shoreline modifications in order to repair the existing bulkhead, improve in-water ecological conditions, accommodate temporary moorage of motorized and non-motorized vessels, and allow for expanded recreational use of the shoreline. Current Use: The existing shoreline is entirely bulkheaded. Currently the neighboring/upland site is vacant and being used for staging for the Southport hotel (LUA14-000645). Development Standards: The property is located within the Urban Center North (UCN) land use designation and the Urban Center North -2 (UCN-2) zoning classification. The site is also located within Shoreline Jurisdiction and located in Lake Washington Reach H and the Aquatic Overlay District. There are no specific building or site development standards applicable to the proposed shoreline restoration and temporary moorage, with the exception of the Shoreline Regulations, RMC 4-3-090. Both Boat Moorages and Marinas are permitted in the Aquatic Overlay, o/ the shoreline, provided the use Is water-dependent. H:\CEO\Planning\Current Planning\PREAPPS\14-000678 Southport Shoreline Mou111cations Page 2 of 5 June 23, 2016 -------------------~-- • Boat Moorage is defined as any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels. Examples of moorage are docks or buoys. • Marinas are defined as a facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for th'e boat owners, crews, and guests. This definition includes tie-up for float planes as well as pleasure boats, and other private pleasure craft Shoreline Master Program: No Net Loss 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. An impact evaluation is required assessing the potential for net loss of ecolagical functions or processes, project-specific and cumulative impacts shall be considered and mitigated on-site. Public Access: Public access shall be provided for water-dependent uses. Public access on over- water structures on public aquatic lands, except for docks serving a single family residence, shall be provided and may include common use of walkway areas. • Moorage facilities serving five (5) or more vessels shall provide a publicly accessible area of at least ten feet (10') at or near the end of the structure. • Public marinas serving twenty (20) or more vessels may restrict access to specific moo rage areas for security purposes as long as an area of at least ten percent (10%) of the over-water structure is available for public access and an area of at least twenty (20) square feet is provided at or near the end of the structure. Public access areas may be used in common by other users, but may not include adjacent moo rage that obstructs public access to the edge of the water or obstructs views of the water. The requirements for public access may be modified with a shoreline conditional use for any application in which the fallowing criteria are demonstrated to be met in addition to the general criteria for a Shoreline Conditional Use Permit. Parking Requirements: Where public access is within four hundred feet (400') of a public street, on-street public parking shall be provided, where feasible. For private developments required to provide mare than twenty (20) parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per one thousand {1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000} square feet of public access area for more than three {3/ spaces. Parking for public access shall include the parking spaces nearest to the public access area and may inolude handicapped parking if the public access area is handicapped accessible. Marinas: The standards specified for marinas shall be applied to all development as described below: • Any dock allowed for multi-family uses or • Docks serving all other multiple use facilities including large boat launches and mooring buoy fields. The following criteria is required to support the construction of the marina: H:\CED\Planning\Current Plannlng\PREAPPS\14-000678 Southport Shoreline Modifications Page 3 of 5 June 23, 2016 • Future dredging is not required to accommodate navigability. • Adequate on-site parking is available commensurate with the size and character of moorage facilities provided in accordance with the parking standards in RMC 4-4-080F. Parking areas not associated with loading areas shall be sited as far as feasible from the water's edg~ and outside of vegetated buffers. • Adequate water area is available commensurate with the actual moorage facilities provided. 4-. The location of the moorage facilities is adequately served by public roads. • Marinas shall not be located near beaches commonly used for swimming unless no alternative location exists, and mitigation is provided to minimize impacts to such areas and protect the public health, safety, and welfare. • Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concurrent with the development. • Marinas, launch ramps, and accessory uses shall be designed so that lawfully existing or planned public shoreline access Is not unnecessarily blocked, obstructed, nor made dangerous. • Marinas and boat launches shall provide public access for as many water-dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to: docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. • Dry upland boat storage is preferred for permanent moorage in order to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: o No suitable upland locations exist for such facilities; or o It is demonstrated that wet moo rage would result in fewer impacts to ecological functions; or o It is demonstrated that wet moorage would enhance public use of the shoreline. Piers and docks: 0 0 The use 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. o The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit. o Water-dependent uses shall specify the specific need for over-water /oca.tion and shall be restricted to the minimum size necessary to meet the needs of the proposed water-dependent use. Maximum: 120 ft. from OHWM. H:\CED\Planning\Current Planning\PREAPPS\14-000678 • ii :1 :I fl i Southport Shorefine Moa11ications Page4 of 5 June 23, 2016 o Maximum walkway: 8 feet o No portion of o pier or dock may lie closer than 30 ft, to an adjacent property line. • New covered moorage for boat storage is prohibited. Covered over-water structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over- water structures. When feasible any covered over-water structures shall incorporate windows, skylights, or other materials to allow sufficient light to reach the water's surface. • Marinos and other commercial boating activities shall be equipped with facilities to manage wastes, including: Garbage or litter receptacles shall be provided and maintained by the operator at locations convenient to users and Public notice of all regulations pertaining to handling and disposal of waste, sewage, fuel, oil or toxic materials shall be reviewed and approved and posted where all users may easily read them. Additional Notes to the Applicant: • All fill and excavation waterward of the OHWM not associated with ecological restoration, flood control or approved shoreline stabilization shall require a Shoreline Conditional Use Permit. • A geotechnical report is required for proposed shoreline stabilization projects. The geotechnical analysis pursuant to this Section that addresses the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. The geotechnical analysis shall evaluate the need and effectiveness of both hard and soft armoring solutions in preventing potential damage to a primary structure. Consideration should be given to permit requirements of other agencies with jurisdiction. • It is unclear the scope of abandoning the recently removed log boom. Please provide additional detail and note this log ~oom provides shoreline protection by minimizing wave action to Coulon Park. • With increased boat traffic, please prepare a wave analysis, describing potential impacts to Coulon Park around Bird Island and the west side of Coulon Park that abuts the Southport property (vicinity of location of Log Boom to be abandoned). • Turtles currently utilize the pilings and log booms to rest. Be sure to identify specie~ and describe impacts if any. • Dolphins/Piles have been identified as creosote-based. Will pilings be cut or removed? If removed, will soil be tested and removed? Describe removal methods to be utilized, protection measures and environmental impacts if any. Environmental Review The proposed project would be subject to Washington State Environmental Policy Act {SEPA). Therefore, an environmental checklist is a submittal requirement. An environmental H:\CED\Planning\Current Planning\PREAPPS\14-000678 Southport Shoreline Modifications Pages of5 June 23, 2016 determination will be made by the Renton Environmental Review Committee. This determination is subject to appeal by either the project proponent, by a citizen of the community, or another entity having standing for an appeal. Permit Requirements A substantial development permit shall be required. The proposal would also require Environmental 'SEPA' Review. There may also be a Shoreline Conditional Use Permit required depending on the scope of the proposal. All applications can be reviewed concurrently in an estimated time frame of 12 weeks once a complete application is accepted. The Shoreline Substantial Permit application fee is $2,000. The application fee for SEPA Review (Environmental Checklist) is $1,000. The fee for the Shoreline Conditional Use Permit is $2,500. There is an additional 3% technology fee at the time of land use application. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate construction, building and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. The applicant will be required to install a public information sign on the property. Detailed information regarding the land use application submittal requirements is provided in the attached handouts. Expiration: A permit that has been granted pursuant to the Shoreline Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. A permit authorizing construction shall extend for a term of no more than five (5) years after the effective date of a shoreline permit Please note both Shoreline variances and conditional use permits are forwarded to the Department of Ecology and the Attorney General's office for approval or denial. Conditional permits and variances shall be deemed to be approved within thirty (30) calendar days from the date of receipt by the Department of Ecology and the Attorney General's office unless written communication is received by the applicant and the City indicating otherwise. When the formal application materials are complete, the applicant is strongly encouraged to have one copy of the application materials pre-screened at the 6th floor front counter prior to submitting the complete application package. Please call or email Rocate Timmons, Senior Planner at 425-430·7219 or rtimmons@rentonwa.gov for an appointment. H:\CED\Planning\Current Planning\PREAPPS\14-000678 ,,. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT WAIVER OF SUB~ITTAL REQUIREMENT$ FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY: Arbo.r\st Report •. \· . .. ):-A.~ .-, moioglcal lissessin~nt •. .. /;}, Calculations 1 -v Colcired Maps for Display. /A I ' Construction Mitigation Description'"""' ~ Deed of Rlght-of,Way Dedi~atlmi 1 Density Worksheet 4 Dfa.lnage Control Plan 2 .m., Drainage Report 2 . ~ Ei.evatlons, Archltectu.ral ..... Environmental Checklist, Existing tolieii~nts .iRecord~d Copy) tAND; Existing Easements (Recorded Copy) 1 AND• Flood Hazard Data 4 //7>r Floor Plans , .... ):.h- Geotechnlcai. Report'"""' Grading Elevations & Plan, Conceptual 2 . --;El5 Grading Elevations & Plan, Detailed 2 ;;t;;:::r Habitat Data Report, ll)ipro~ement Deferral 2 Irrigation Plan, COMMENTS: . . . ·.>;·· ' . ' .. ·• .. ·-. . .. ·-·. . _ ... ,. ·-.· . ' --~· ·:-·.·· . ... ... .. . . ·, . .. ._., .. ..... ' . ·.,_. .. ·-· ... . .. ... PROJECT NAME: . 'fJu7!/B'Jer tf&f?EL/t'/;_ 0 DATE: ___ !;"-'1£;;,,..y__:/ 0=---- l H:\CEO\Data\Forms-Templates\Self-Help Handouts\Plannlng\Walversubmittalreqs.docx Rev; 02/2015 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED I BY: BY: Klng-C:oµn.ty !\S,~¥~t's,M~1>)r~1.i:~!IJ18 ~.\t!', ·. :,._,,:.,/.:.,.-:;. , .. :·., ·.,-: : '': . '.:·,). :-- Landscape Plan, Conce11tual, A //,;r) Landsai/ie i>1~n/Det~1ieH, ·.·. .-... -' '---' " •,, Legal Description 4 ;~.f!!t~eff!fJ)IJd~itan~ingpf G~oJoglcai RJsk;, '. •.. . , .. ;:._,_.;,_ ... -·, ..... '·-.. ·.: Map of Existing Site Conditions, Master Application Form, '': Monument Cards {one per monument) 1 Neighborhood Detail Map~ "" ". Overall Plat Plan 4 Parking, lo1 C:overage & Landscaping Analysis 4 Plan Reductions {PMTs), Po~t.c;>fflce Approval 1 Plat Name Reservation 4 Plat plan 4 Preapplication Meeting Summary• Public Works Approval Letter, Rehabilitation Plan 4 Screening Deta,11 4 ShorelineTracking Worksheet 4 Site Plan ,...,, Stream or Lake Study, Standard, Stream or Lake Study, Supplementa1 4 Stream or Lake Mitigation Plan , Street Profiles 2 Title Report or Plat Certificate 1AH0, Topography Map, Traffic Study 2 tu- Tree Cutting/Land Clearing Plan• '/YJ" Urban Design Regulations Analysis, Utilities Plan, Generalized 2 /7;:+ Wetlands Mitigation Plan, Final 4 j'tL,J/ Wetlands Mitigation Plan, Preliminary 4 ,,./ ~// . 2 H:\CED\Dala\Forms-Templates\Self-Help Handouts\Plannlng\Walversubmlt!alreqs.docx ' . ., COMMENTS: I : . ···:',-:, ..-. ·-·· , . .,.,: .. ...... -: --·-:'.-:··:·.:._,:: ·" I I "• .. ;:,:-· ·····.-.,.,; '· ... .... .. Rev:02/2015 .. LAND USE PERMIT SUBMITTAL REQUIREMENTS: I . . ... . .. . ! .. Wetlands Report/Delineation• .. Wireless: ' Applicant Agreement Statement""" 3 Inventory of Existing Sites 2AND3 Lease Agreement, Draft 2 ••o, Map of Existing Site Conditions 2AN0, Map of View Area 2••0• Photoslmulations 2••0, This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning WAIVED MODIFIED BY: BY: ,IPA· &- 3 H;\CEO\Data\Forms-Templates\Self-Hetp Handouts\Planning\Watversubmlttalreqs.docx COMMENTS: I ' ' I Rev: 02/2015 TECHNICAL MEMORANDUM Date: To: From: Pre-Application Number TWC Project Number: Project Name: August 8, 2016 Roca le Timmons Kenny Booth, Andy Noone PRE 16-000406 150809 Southport Shoreline Modifications THI WATERSHED C:( )1\\ I';\ i"J l Subject: Southport Shoreline Modifications Construction Mitigation Description Proposed Construction Dates: Proposed construction dates for all in-water work are November 16th through December 31" of 2016. This construction window is the allowable timeframe based on fish-protection prohibitions on in-water construction by NOAA Fisheries and USFWS. If the project cannot be completed before December 31 ", construction activities will be necessary between July 16th through July 31" of 2017. Activities that do not require in-water work, or that can be completed from upland locations (such as installation of the apron over the bulkhead) may occur outside of the federal timing windows. Hours and Days of Operation: Construction activities may occur between 7:00 AM and 10:00 PM, Monday through Friday, and 9:00 AM to 6:00 PM on Saturday. However, since there is a limited timeframe for allowed construction due to fish-protection prohibitions, construction outside of normal business hours (including nights and Sundays) may be required. Proposed Hauling/fransportation Routes: Construction materials will be delivered by barge or truck. Materials that are delivered by truck will arrive from Interstate 405, Exit 5. The project site is easily accessible by truck and is only 0.6 miles from the interstate. Construction debris will be loaded onto barges or trucks and transported to an appropriate disposal site. Construction planning has not been finalized. More information on hauling and transportation routes will be available at the building permit stage. Measures to be implemented to minimize dust, traffic, transportation impacts, erosion, mud, noise, and other noxious characteristics: Dust: No such measures are necessary. Proposed construction activities are not expected to result in dust. 750 Sixth Street South : Kirkland, WA 98033 /' 425.822.5242 f 425.827.8136 watershedco.com Southport Shoreline Modifications Construction Mitigation Description August, 2016 Page 2 Traffic: Construction activities will occur on the shoreline and will not impact existing roads. No traffic minimization measures are proposed. Erosion: Construction activities will occur in water and on the shoreline bulkhead. No exposed soils are expected, so no erosion control measures are proposed. Turbidity: Construction activities will occur in water and on the shoreline bulkhead. Approximately 101 pilings will be cut below the mud line and removed. A floating sediment curtain will be installed and maintained around the work areas, as necessary, for the duration of in-water work to limit turbidity impacts. Also, as mentioned, construction will occur within approved fish windows to minimize impacts to salmonids. Noise: The removal of the existing piles and the driving of new piles as part of the bulkhead repair activities will produce temporary noise and vibration resulting from use of the barge, vibratory extractor/driver, and other construction equipment. Underwater noise from vibratory extraction and driving of piles will be greater than that of other construction equipment. Noise would be limited to normal daytime working hours and follow all applicable regulations set forth in Renton City Code 8-7. Any special hours proposed for construction or hauling (i.e. weekends, late nights): Depending on the construction schedule, construction may occur on nights and/or weekends in order for the project to be completed within the approved fish windows. However, construction planning has not been finalized. Preliminary traffic control plan: Construction traffic will be directed down the Southport access road so that construction vehicles can easily access the construction site. Since the majority of project work will occur on the shoreline at the end of a dead end access road, it is expected that traffic control will not be necessary. Accordingly, no traffic control plan is proposed at this time. PROJECT NARRATIVE Southport Shoreline Modifications Prepared for: GregKrape SECO Development, Inc. 1083 Lake Washington Blvd. N, Suite 50 Renton, WA 98056 Prepared by: Tl ll: WATERSHED CUMl'ANY 750 Sixth Street South Kirkland . WA 98033 p 425.822.5242 f 425.827.8136 watershedco.com August 2016 The Watershed Company Reference Number: 150809 The Watershed Company Contact Person: Kenny Booth, AICP Cite this document as: The Watershed Company. August 2016. Southport Shoreline Improvements: Project Narrative and Compliance. Renton, WA. Prepared for SECO Development, Renton, WA. TABLE OF CONTENTS Page# 1 Introduction ......................................................... 1 1.1 Background and Purpose ............................................................................. 1 1.2 Existing Site Conditions ................................................................................ 1 2 Proposed Shoreline Modifications .................... 3 3 Development Standards ..................................... 5 4 Shoreline Master Program Compliance ............ 6 4.1 No Net Loss .................................................................................................... 6 4.2 Public Access ................................................................................................ 7 4.3 Marinas ........................................................................................................... 8 4.4 Piers and Docks ........................................................................................... 11 LIST OF EXHIBITS Figure 1. Vicinity map. Southport parcels shown in red. (King County IMAP) ........ 2 1 INTRODUCTION 1.1 Background and Purpose The Watershed Company August 2016 The Southport development includes the Bristol I and II apartment buildings (completed), a hotel (under construction), and a 3-building office and parking garage complex (soon to be under construction). Previous Shoreline Substantial Development Permits include the Southport Level 2 Site Plan in 2000 (Ecology filing date May 3, 2000; SOP #2000-NW-40003); decking over the water discharge tunnel in 2006 (LUA-06-033, SM); and modifications to the master plan in 2008 (LUA-99-1889, SA-A, SM) and again in 2014 (LUA 14-000645, SA-A, AM, MOD, MOD). A Shoreline Conditional Use Permit for a mixed-use development (Bristol I) was approved in 2001 (LUAOl-057, CU-H). Previous shoreline permits did not include the improvements proposed at this time. Shoreline modifications are proposed to repair the existing bulkhead, improve in-water ecological conditions, accommodate temporary moorage of motorized and non-motorized vessels, and allow for expanded recreational use of the shoreline. On June 23, 2016, a formal pre-application meeting was held with the City of Renton. The results of this pre-application meeting guided the development of this document. 1.2 Existing Site Conditions The site is located in the City of Renton on Lake Washington, between Gene Coulon Park and the Boeing manufacturing facility. Parcels addressed in this proposal include 0823059216, 0523059075, and 0523059076 (see vicinity map). The site is accessed via Coulon Beach Park Drive, and an unnamed private access road which services the three parcels associated with the project. The site is zoned Urban Center North (UCN) and designated as High Intensity environment under the Renton Shoreline Master Program. Neighboring parcels are also zoned UCN, except for Gene Coulon Memorial Beach Park, northeast of the subject parcel, which is zoned Residential -1 dwelling unit per acre (R-1). Currently, the site has a land use designation of Commercial Mixed Use (CMU). The existing shoreline, approximately 580-feet in length, is entirely bulkheaded. Upland conditions within the subject parcels adjacent to the waterfront are almost exclusively impervious (90%+), either concrete or pavers. The central shoreline area ten feet upland of the bulkhead includes a pedestrian easement (Recording Nos. 2005102100894, 20051021000895, and 20051021000896) and an emergency vehicle access easement. There is very little existing vegetation; with the exception of some non-native species present along the shoreline at the 1 extreme northeast corner of the project area. This area is vegetated with a mix of non-native landscape plants and non-native invasive species including Himalayan blackberry and reed canarygrass. Existing depths along the bulkhead in the central and western shoreline areas range from 8 feet to 17 feet. According to the Natural Resources Conservation Service, the property contains Urban land (Ur) soils. As mentioned, the project site is covered by impervious surface, so there is little to no infiltration of surface water on site. ~ :1~,- l'. J"/l;r·:1tc-, rb--- ' ~'. \\ \ \\ \ 11 \\ \ \\ \\\ ,\ \ 11 0 Figure 1. Vicinity map. Southport parcels shown in red. (King County IMAP) The on-site bulkhead consists of a combination of round and sheet timber piles, steel tiebacks, and concrete ecology blocks. The timber portion of the bulkhead consists of 8" x 12" timber sheet piles. A row of rounded timber piles spaced approximately at 8-feet on center are located directly waterward of the sheet piles. The piles vary somewhat in size but are generally 12" in diameter. A 10" x 10" timber waler runs along the outside of the piles with tieback anchors spaced at approximately 15-feet on center. The top of the timber sheet piles and the rounded timber piles are located approximately 30" below the adjacent grade (and slightly below the OHWM). The sheet piles and rounded piles support a single row of ecology blocks. The 2 The Watershed Company August 2016 ecology block dimensions are 3' x 3' x 3' with a 10" concrete cap. The row of ecology blocks bears on the soil directly behind the sheet pile wall. The piles support the base of the existing concrete ecology blocks, which in tum support the subgrade for the adjacent promenade. Waterward of the bulkhead complex are an additional approximately 87 piles, which do not presently serve a purpose. In the eastern portion of the shoreline, there is a concrete outfall structure for treated storm water from the Southport site, which was formerly the intake structure for the steam plant that used to occupy the site. A 20' by 34' wood plank platform covers the concrete outfall structure. In the central portion of the shoreline, there is a 20' by 130' wood plank overwater structure that is located directly adjacent and parallel to the bulkhead. The western portion of the shoreline includes a 21-foot-wide wooden wharf that covers what is now a storm water channel for upland areas other than the Southport site. This structure previously served as the outfall for cooling water from the steam plant. The wharf is situated perpendicular to the shoreline. Two dolphins, composed of 7 creosote-treated piles each, are located adjacent to the wharf. The wharf also includes one 5-foot-wide by 17-foot-long finger pier and one 10-foot-wide by 14-foot-long ell. The property also features a hotel comprised of two 12-story buildings (under construction), and a mixed-use apartment complex comprised of four 5-story buildings with a basement and parking. Construction will soon begin on three additional office buildings, to be located behind the hotel. 2 PROPOSED SHORELINE MODIFICATIONS As part of the ongoing development on site, the condition of the existing bulkhead was recently assessed by an engineer. The engineer determined that while the bulkhead was generaJly structurally sound, portions of the bulkhead had rot and structural defects. Additionally, portions of the structure were missing, and other parts were corroded and non-functional. In order to adequately protect the new development under construction and to correspondingly extend the functional life of the supporting bulkhead for another 30-50 years, it must be repaired. The bulkhead supports the existing walkway/promenade, which is adjacent to the existing apartments and hotel. In addition to needing structural repairs, the existing bulkhead system is unsafe. As mentioned, multiple rounded-piles and sheet-piles are located waterward of the concrete portion of the bulkhead. Many of these components are located just below the OHWM and can't be seen at all times from shore. This project seeks to enhance safety by providing an apron over the remaining (and functionally 3 necessary) in-water components. The apron will ensure that should someone fall or dive from the promenade/walkway, they would not strike any in-water piles or other structural components. Repair will consist of the following: • The outermost row of rounded timber piles (approximately 20) supporting the bulkhead will be removed. • The inner row of rounded timber piles supporting the bulkhead will be cut below the low water line and fitted with a steel sleeve. In some areas, this inner row of rounded timber piles is missing. In areas devoid of piles, new 8-inch diameter steel piles will be driven. • A new timber waler will added to the waterward extent of the steel sleeved pile. Existing anchors will be replaced, as needed. • The inner timber sheet piles will be cut below the low water line. A steel plate will be driven along the waterward edge of the timber sheet pile and bolted to the remaining portion of the timber sheet pile. • The area behind the steel plate will be filled with concrete. Approximately 66 cubic yards of concrete will be utilized. • The outer steel sleeved pile and steel plate will extend vertically above the high water mark and will support a new grated apron. The apron will be flush with the adjacent sidewalk and will cover remaining exposed bulkhead components. The apron will be 3.5-feet in width along the top of the bulkhead. In addition to the bulkhead repair activities, two separate floats will be installed along the shoreline. The first will be located approximately 105 feet east of the westernmost wharf. The float will extend approximately 80.5 feet from the face of the bulkhead. A 4-foot 9-inch wide by 30-foot long ramp will lead to a 50-foot- long by 8-foot-wide float. Together, the ramp and float will total 528 square feet. Both the ramp and the float will be fully-grated. No piles are proposed for the float, rather a total of four anchors will be installed to secure the float. Along the eastern portion of the shoreline area, a second float will be constructed. This float will include a ramp that extends from the existing wood plank platform. The fully-grated ramp will measure 36-feet-long by 4-feet-9- inches-wide. The ramp will lead to a series of fully-grated floats that will extend up to 120 feet from shore. Two separate ells, each approximately 81 feet long will extend toward the west. All floats will be 8 feet wide. The entire eastern float system will total 2,013 square feet. As with the western float, no piles are proposed. Rather, a total of 10 anchors will be installed to secure the float system. Additional shoreline activities involve the removal of various structural components throughout the shoreline area. This includes the following: 4 The Watershed Company August 2016 • Remove 2 dolphins (total of 14 piles) • Remove 1 finger pier (5 feet wide by 17 feet long) • Abandon second recently removed finger pier (5 feet wide by 17 feet long) • Remove 10-foot-wide by 14-foot-long ell • Remove up to 87 derelict piles • Remove 290 feet of 12-inch by 14-inch horizontal dimensional beams. • Remove several drifted logs resting against bulkhead. • Abandon recently removed 164-foot-long floating walkway/ "Log Boom" • All existing swimming ladders will be removed. Existing invasive species in the northeast corner of the project area will be removed. Finally, a pump-out facility will be installed on the existing wharf located along the western property boundary that runs perpendicular to the shoreline. No trees are proposed for removal. No existing or potential residential units will have views obstructed by the proposed project. 3 DEVELOPMENT STANDARDS The property is zoned as Urban Center North (UCN) and has a land use designation of Commercial Mixed Use (CMU). The site is on the shore of Lake Washington. The subject parcel has a shoreline overlay designation of High Intensity and is located within Lake Washington Reach H. Proposed floats would be located within the Aquatic Overlay district. The proposed modifications must comply with Renton Shoreline Regulations (SMP) set forth in RMC 4-3-090. The proposed improvements would be considered both boat moorage and a marina. Boat moorage is defined as any device or structure used to secure a vessel for temporary anchorage, but which is not attached to the vessels. Marinas are defined as a facility for storing, servicing, fueling, berthing, and securing and launching of private pleasure craft that may include the sale of fuel and incidental supplies for the boat owners, crews, and guests. This definition includes tie-up for float planes as well as pleasure boats, and other private pleasure craft. Beyond the regulations in the SMP, there are no other specific building or site development standards applicable to the proposed shoreline modification project. A shoreline substantial development permit will be required to approve the proposed improvements. 5 4 SHORELINE MASTER PROGRAM COMPLIANCE 4.1 No Net Loss RMC 4.3.090.D.2 -No Net Loss of Ecological Functions: i. No Net Loss 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 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. ii. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts shall be considered and mitigated on-or off-site. iii. Evaluation of Mitigation Sequencing Required: An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order: (a) Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action. (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. ( c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment. ( d) Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and taking appropriate corrective measures. 6 The Watershed Company August 2016 No net Joss of ecological function is demonstrated in the Southport Shoreline Modification Lake Study, The Watershed Company, 2016. 4.2 Public Access RMC 4.3.090.D.4.d.iii: Access Requirements for Over-Water Structures: Public access on over-water structures on public aquatic lands, except for docks serving a single family residence, shall be provided and may include common use of walkway areas. Moorage facilities serving five (5) or more vessels shall provide a publicly accessible area of at least ten feet (10') at or near the end of the structure. Public marinas serving twenty (20) or more vessels may restrict access to specific moorage areas for security purposes as long as an area of at least ten percent (10%) of the over-water structure is available for public access and an area of at least twenty (20) square feet is provided at or near the end of the structure. Public access areas may be used in common by other users, but may not include adjacent moorage that obstructs public access to the edge of the water or obstructs views of the water. Two separate floats are proposed at Southport. The floats are intended to provide access opportunities for primarily non-motorized watercraft. The entirety of both floats will be available for use by the public. Thus, full public access will be provided. RMC 4-3-090-0-4-e-i-(b) Parking Requirements: Where public access is within four hundred feet (400') of a public street, on-street public parking shall be provided, where feasible. For private developments required to provide more than twenty (20) parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per one thousand (1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000) square feet of public access area for more than three (3) spaces. Parking for public access shall include the parking spaces nearest to the public access area and may include handicapped parking if the public access area is handicapped accessible. 7 The two proposed floats total 2,541 square feet, while the proposed apron equates to 1,312 square feet. Thus, the total amount of new public access area is 3,853 square feet. Accordingly, three public parking spaces are required. The proposed project will provide 21 public parking spaces. The parking will consist of on-street/parallel spaces located along the main Southport access road, with the nearest space approximately 150 feet from the shoreline. Figure 2 graphically depicts the location of the 21 parking spaces. l J ' ' " ' ' SOUTHPORT Figure 2. 21 public parking spaces will be provided in the above locations. 4.3 Marinas RMC 4-3-090-E-6-b -Lake Washington: Marinas on Lake Washington shall be permitted only when: i. Detailed analysis of ecological conditions demonstrate that they will not result in a net loss of ecological functions and specifically will not interfere with natural geomorphic processes including delta formation, or adversely affect native and anadromous fish. No net loss of ecological function is demonstrated in the Southport Shoreline Modification Lake Study, The Watershed Company, 2016. ii. Future dredging is not required to accommodate navigability. Water depth in the vicinity of the proposed floats ranges from 8-17 feet deep. It is intended that the proposed floats will be primarily used by non-motorized 8 The Watershed Company August 2016 watercraft or small motorized vessels, of which existing water depth is sufficient to support. Most motorized recreational water craft on Lake Washington draft less than 3 feet of water. Therefore, no dredging is required to accommodate the proposed improvements and future maintenance dredging is not anticipated. iii. Adequate on-site parking is available commensurate with the size and character of moorage facilities provided in accordance with the parking standards in RMC 4-4-0BOF. Parking areas not associated with loading areas shall be sited as Jar as feasible from the water's edge and outside of vegetated buffers described in subsection Fl of this Section, Vegetation Conservation. As noted above, an additional 3,853 square feet of publically accessible shoreline use area is being added. Accordingly, at least three additional public parking spaces will be provided. The nearest parking that is provided (see Figure 2) is located approximately 150 feet from the shoreline and outside of vegetated buffers. Since boat launching will not occur on site, the demand for public parking is expected to be minimal. There is additional parking nearby associated with the apartments, the forthcoming hotel, the commercial developments, and the nearby Gene Coulon Memorial Beach Park. Much of these additional parking facilities will be available for use by the public. iv. Adequate water area is available commensurate with the actual moorage facilities provided. Lake Washington is the second largest lake in Washington. The lake is 33.8 square miles in size-more than enough for the moorage facilities provided. In addition, the waterfront area in front of Southport -bounded by the Boeing property to the west and Gene Coulon Memorial Beach Park to the east -is approximately 580 feet across. This area provides adequate space for vessels to utilize the two proposed floats. v. The location of the moorage facilities is adequately served by public roads. The location of the boat moorage facilities is adequately served by Lake Washington Boulevard, Coulon Beach Park Drive, and the Southport access road. RMC 4-3-090-E-6-c -Location Criteria i. Marinas shall not be located near beaches commonly used for swimming unless no alternative location exists, and mitigation is provided to minimize impacts to such areas and protect the public health, safety, and welfare. No swimming will be allowed directly in front of the Southport site (all existing ladders are to be removed). Therefore, the proposed floats will not be located directly near any areas commonly used for swimming. The closest swimming 9 area is located at Gene Coulon Memorial Beach Park, approximately 300 feet northeast of the easternmost float. However, the proposed floats will be separated from the swimming area at Gene Coulon Memorial Beach Park by an island, a log boom, a floating pier, and a swim-line. These features ensure that watercraft and swimmers will never be within the same area. It's also worth noting that the existing boat launch at Gene Coulon Memorial Beach Park is located closer to the park's swimming area than the proposed Southport floats will be. ii. Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concurrent with the development. The proposed floats are intended to be utilized by primarily non-motorized watercraft. However, if necessary, all major utilities are available on the property. iii. Marinas, launch ramps, and accessory uses shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed, nor made dangerous. The proposed floats will not negatively impact lawfully planned or existing shoreline access in any way. In fact, all of the proposed improvements are designed to improve public shoreline access. RMC 4-3-090-E-6-d -Design Requirements i. Marinas shall be designed to result in no net loss of ecological functions. No net Joss of ecological functions is demonstrated in the Southport Shoreline Modification Lake Study, The Watershed Company 2016. ii. Marinas and boat launches shall provide public access for as many water-dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to: docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. All of the proposed improvements were designed with the intent of improving public shoreline access. The floats will support recreational access by providing temporary motorized and non-motorized boat moorage. The bulkhead will be repaired and improved, also providing better shoreline access and viewing, while enhancing safety for the public. 10 The Watershed Company August2016 m. Dry upland boat storage is preferred for permanent moorage in order to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: (a) No suitable upland locations exist for such facilities; or (b) It is demonstrated that wet moorage would result in fewer impacts to ecological functions; or (c) It is demonstrated that wet moorage would enhance public use of the shoreline. The proposed floats will accommodate temporary moorage only; no permanent moorage or boat storage is proposed. vii. New covered moorage for boat storage is prohibited. Covered over-water structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over- water structures. When feasible any covered over-water structures shall incorporate windows, skylights, or other materials to allow sufficient light to reach the water's surface. No new covered moorage or other covered overwater moorage is proposed. RMC 4-3-090-E-6-e -Operation Requirements i. Marinas and other commercial boating activities shall be equipped with facilities to manage wastes, including: ( c) Garbage or litter receptacles shall be provided and maintained by the operator at locations convenient to users. Waste receptacles will be provided and maintained on the floats and along the bulkhead. ( e) Public notice of all regulations pertaining to handling and disposal of waste, sewage, Juel, oil or toxic materials shall be reviewed and approved and posted where all users may easily read them. As necessary, signage will be provided to notify users of all regulations pertaining to the handling and disposal of waste, sewage, fuel, oil and toxic materials. Signage will be placed in high-traffic areas in a visible location. 4.4 Piers and Docks RMC 4-3-090-E-7-a -General Criteria for Use and Approval of All New or Expanded Piers and Docks 11 iii. 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. Floating docks are proposed in an effort to minimize impacts to the lake environment and preserve scenic views. The proposed floating docks will provide moorage for recreational boaters, so no conflict is anticipated. The docks will be publically accessible, so conflict with fishermen is not expected. iv. The expansion of existing piers and docks is preferred over the construction of new. The proposed floats will be newly constructed, as the site currently lacks floating moorage adequate for use by non-motorized watercraft. However, the easternmost float will essentially be an extension of the existing fixed-pile pier, thus eliminating an additional nearshore over-water component. The float that will attach to the existing dock will not include fixed piles and will be covered with light-transmitting decking. The western float will consist of the same minimization design features, though will not be connected to an existing dock. v. 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. The Southport development includes a 12-story, 347 hotel room hotel, the Bristol 1 apartment complex with 188 units, and 10,057 square feet of retail space, the Bristol 2 apartment complex with 195 units and 14,081 square feet of retail space, and three office buildings totaling over 728,000 square feet. The majority of these developments are either under construction or recently completed, with the exception of the Bristol I complex, which was completed in 2002 and extensively remodeled in 2014. These new developments will substantially increase the demand for shoreline access, including non-motorized and motorized watercraft. Accommodating this level of demand, at a minimum, requires the proposed boat moorage facilities. RMC 4-3-090-E-7-a-viii-(a) Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessan; to meet the needs of the proposed water- dependent use. In order for recreational watercraft to moor at the site, overwater floats are necessary. The bulkhead, and associated fixed-pile docks, are elevated approximately 3 feet above the typical lake high water level. This elevation level would preclude moorage of personal, non-motorized and small motorized watercraft at the existing facilities. Additionally, the existing in-water bulkhead 12 The Watershed Company August 2016 support infrastructure, especially the support piles, precludes safe moorage of vessels. As mentioned above, the large ongoing development will result in a substantial increase in demand for shoreline access, including temporary moorage for watercraft. While a significant increase in demand is expected, it is difficult to assess the amount and nature of the forthcoming demand. However, the proposed floats are designed to be the minimum necessary to accommodate current and anticipated future demand. The amount of public boat moorage in Lake Washington is extremely limited. The only public moorage available on the lake is at Tracy Owen Station at Log Boom Park in Kenmore (20), Kirkland Marina Park (53), Bellevue Marina at Meydenbauer Bay (14), and Gene Coulon Memorial Beach Park (12). Combined, these public moor ages only provide room for 99 boats, with only 12 of them being provided within the entire southern Lake Washlngton area. Additional public moorage in Lake Washington, especially in the vicinity of the Southport residential, hotel, and business complex, is needed. Therefore, the proposed floats will provide a significant increase in the amount of publically available moorage in the southern portion of Lake Washington. 13 RMC 4-3-090-E-7-d -Design Requirements -Size Standard for Docks and Piers Dimension (Commercial and Industrial Docks Response -Water-Dependent Uses) Length-Minimum needed to serve specific A significant increase in Maximum vessels or other water-dependent uses specified in the application. demand for shoreline access Maximum: 120 ft. from OHWM.2 is anticipated due to recently completed and ongoing Facilities adjacent to a designated development in the area. harbor area: The dock or pier may The proposed floats and extend to the lesser of shoreline access improvements are designed a) The general standard, above; or to be the minimum necessary to accommodate the b) The inner harbor line or such point anticipated demand. The beyond the inner harbor line as is two shoreline floats will allowed by formal authorization by the extend 80.5 feet and 120 feet, Washington State Department of respectively, from the Natural Resources (DNR) or other OHWM. agency with jurisdiction. Width Maximum walkway: 8 ft., but 12 ft. if vehicular access is required for the The maximum walkway for approved use. the floats will be 8 feet. Setbacks No portion of a pier or dock may lie The proposed floats are closer than 30 ft. to an adjacent located more than 30 feet property line. from the neighboring property lines. 14 ., - CONSENT TO ACTION OF SOLE DIRECTOR IN LIEU OF SPECIAL MEETING OF BOARD OF DIRECTORS The undersigned, being the sole director of SECO Development, Inc., a Washington corporation (the "Corporation"), consents to the following actions of the Board of Directors, adopted by consent in lieu of special meeting pursuant to RCW 238.08.210: I. Bylaws. The Bylaws attached hereto and incorporated by this reference are hereby adopted as the Bylaws of this corporation. 2. Officers. The following are hereby elected as officers of the Corporation to serve until the next annual meeting of the directors of the Corporation and until their successors are elected and qualified, unless any such officer is sooner removed from his or her office by action of the Corporation's Board of Directors: CEO President Secretarytrreasurer Michael P. Christ GregKrape Michael P. Christ 3. Effective Date. The actions authorized in this Consent shall take effect on June 1, 2016. 3129/007 05/26/16 · 1 · consent appointing officers 2016 v2 tread\SECO Devclopment\Advisory BYLAWS OF SECO DEVELOPMENT, INC. ARTICLE I. OFFICES 1 . 1 REGISTERED OFFICE AND REGISTERED AGENT: Theregistered office of the corporation shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices as may be required by Jaw, and the registered agent shall have a business office identical with such registeredoffice. 1 . 2 OTHER OFFICES: The corporation may have such other offices,either within or without the State of Washington, as the Board of Directors may designate or as the business ofthe corporation may require. ARTICLE2. SHAREHOLDERS 2 . 1 ANNUAL MEETING PLACE: All meetings of the shareholders shall be held at the registered office of the corporation or at such other place as shall be determined from time to time by the Board of Directors, and the place at which any such meeting shall be held shall be stated in the noticeof the meeting. 2. 2ANNUAL MEETING TIME: The annual meeting of the shareholders for the election of directors and for the transaction of such other business as may properly come before the meeting shall be held each year on the last business day of April. If the election of directors is not held onthe day designated for the annual meeting of the shareholders, or at any adjournment thereof, the election shall be held at a special meeting of the shareholders called as soon thereafter as practicable. 2 . 3 ANNUAL MEETING -ORDER OF BUSINESS: meeting of shareholders , the order of business shall be as follows: At the annual (a) Calling of the meeting toorder. ( b) Proof of notice of meeting ( orfiling waiver). secge/BYLAWS2b/040300 PAGE 1 -,, ( c) Reading of minutes of last annualmeeting. ( d) Reports of officers. (e) Reportsofcommittees. (f) Electionofdirectors. (g) Miscellaneous business. 2 . 4 SPECIAL MEETINGS: Special meetings of the shareholders for any purpose may be called at any time by the President, Board of Directors, or the holders of not less than one-tenth of all shares entitled to vote at the meeting. 2.5 NOTICE OF MEETING: The President or Board when calling an annual or special meeting of shareholders shallcause to be delivered to each shareholder entitled to vote at the meeting, either personally or by mail not less than ten nor more than fifty days before the meeting , written notice stating the place, day and hour of the meeting, and in the case of a special meeting , the purpose or purposes for which the meeting is called. 2. 6 VOTING LISTS : The officer or agent having charge of the stock transfer books for shares of the corporation shalI make a complete list of the shareholders entitled to vote at each meeting of shareholders or any adjournment thereof, arranged in alphabetical order, with the address of and the number of shares held by each. Such list shalI beproduced and kept open at the time and place of the meeting and shall be subject to the inspection of any shareholder during the whole time of the meeting for the purposesthereof. 2. 7 ACTION BY SHAREHOLDERS WITHOUT A MEETING: Any action required or permitted to be taken at a shareholders ' meeting may be taken without a meeting if a written consent setting forth the action taken is signed by all shareholders entitled to vote with respect to the subject matter of such action. Any such consent shall be inserted in theminute book as ifit were the minutes of a shareholders' meeting. So long as there is only one shareholder in the corporation , anything executed by that shareholder on behalf of the corporation inany capacity shall, ipso facto, constitute shareholder approval of that act, irrespective of the capacity in which the shareholder shall have executed the item. 2.8 QUORUM: A majority of the outstanding sharesofthe corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a shareholders' meeting. The votes of the majority in interest of those present at any properly secge/BYLAWS2b/040300 PAGE 2 called meeting or adjourned meeting of shareholders at whicha quorum as in this paragraph defined is present , shall be sufficient to transact business. If less than a majority of the outstanding shares are represented at a meeting, a majority of the shares so represented may adjourn the meeting from time to time without further notice. At any adjourned meeting at which a quorum is present or represented , any business may be transacted that might have been transacted at the meeting as originally notified. The shareholders present at a duly organized meeting may continue to transact business until adjournment , notwithstanding the withdrawal of enough shareholders to leave less than a quorum. 2.9 PROXIES: At all shareholders ' meetings a shareholder may vote by proxy executed in writing by the shareholder or by his or her attorney in fact. Such proxy shall be filed with the Secretary of the corporation before or at the time of the meeting. Unless otherwise provided in the proxy, a proxy shall be invalid after 11 months from the date of its execution. 2.IOCLOSING OF TRANSFER BOOKS: For the purpose of determining shareholders entitled to notice of or to vote atany meeting of shareholders, or any adjournment thereof,orentitled to receive payment or any dividend, or in order to make a determination of shareholders for any other proper purpose, the Board of Directors may provide that the stock transfer books shall be closed for a stated period of not to exceed fifty days nor be less than ten days preceding such meeting. In lieu of closing the stock transfer books,the Board of Directors may fix in advance a record date for any such determination of shareholders , such date to be not more than fifty days and, in case of a meeting of shareholders, not less than ten days prior to the date on which the particular action requiring such determination of shareholders is to betaken. If the stock transfer books are not closed and no record date is fixed for the determination of the shareholders entitled to notice of, or to vote at a meeting of shareholders , or shareholders entitled to receive payment of a dividend, the date on which notice of the meeting is mailed or the date on which the resolution ofthe Board of Directors declaring such dividend is adopted , as the case may be, shall be the record date for such determination of shareholders. 2 • 11 VOTING OF SHARES : Each outstanding share entitled to vote shall be entitled to one vote upon each matter submitted to a vote at a meeting of shareholders . secge/BYLAWS2b/040300 PAGE 3 2 . 12 CUMULATIVE VOTING: The right to cumulate votes in the election of directors shall exist with respect to shares of stock in thiscorporation. 2 .13 VOTING SHARES BY CERTAIN HOLDERS: Shares standing in the name of another corporation may be voted by such officer, agent or proxy as the bylaws of such corporation may prescribe, or, in the absence of such provision, as the Board of Directors of such corporation maydetermine. Shares held by an administrator, executor,guardian or conservator may be voted by him or her, either in person or by proxy , without transfer of such shares into his or hemame. Shares standing in the name of a trustee may be voted by him or her, either in person or by proxy, but no trustee shall be entitled to vote shares held by him or her without a transfer of such shares into his or her name. Shares standing in the name of a receiver may bevoted by such receiver, and shares held by or under the control of a receiver may be voted y such receiver without the transfer thereof into his or her name if authority to do so be contained in an appropriate order of the court by which such receiver was appointed. A shareholder whose shares are pledged shall be entitled to vote such shares until the shares have been transferred into the name of the pledgee , and thereafter the pledgee shall be entitled to vote the shares sotransferred. Shares of its own stock belonging to the corporation shall not be voted, directly or indirectly, at any meeting, and shall not be counted in determining the total number of outstandingshares at any given time. ARTICLE 3. BOARD OFDIRECTORS 3 . 1 NUMBER AND POWERS: The management of all theaffairs, property and interest of the corporation shall be vested in a Board of Directors, consisting ofup to three persons, who shall be elected for a term of one year, and shall hold office until their successors are elected and qualify,orthey resign or are removed. Directors need not be shareholders or residentsofthe State of Washington. In addition to the powersand authorities expressly conferred upon it by these Bylaws and by the Articles of Incorporation, the Board of Directors may exercise all such powers of the corporation and do all such lawful acts andthings as are not by statute or by the Articles of Incorporation or by these Bylaws directed or required to be exercised or done bythe shareholders. 3 . 2 CHANGE OF NUMBER: The number of directors may at any time be increased or decreased by amendment of these Bylaws,but secge/BYLAWS2b/040300 PAGE 4 no decrease shall have the effect of shortening the term of any incumbent director. For all purposes of these Bylaws, the number of Directors elected, up to three in number, shall be the number of directors authorized. 3 . 3 REGULAR MEETINGS: A regular Board meeting shall be held without notice immediately after and at the same place as the annual meeting of shareholders. By resolution, the Board may provide the time and place either within or without the State of Washington for holding additional regular meetings without other notice than suchresolution. 3 • 4 SPECIAL MEETINGS: Special Board meetings may be called by or at the request of the President or any director. The person or persons authorized to call special meetings may fix any place either within or without the State ofWashington as the place for holding any special Board meeting called by them. 3 . 5 NOTICE: Written notice of each special Board meeting shall be delivered personally , telegraphed or mailed to each director at his or her business address at least five days before the meeting. If such notice is mailed , it shall be deemed to be delivered when deposited in the United States mail properly addressed , with postageprepaid. Any director may at any time waive notice of any meeting. The attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of any regular or special meeting of the Board need be specified in the notice or waiver of notice of such meeting . 3.6 QUORUM: A majority of the directors shall constitute a quorum for the transaction of business at any Board meeting but , if less than such majority be present at a meeting, a majority of the directors present may adjourn the meeting from time to time without further notice. Members of the Board or any committee appointed by the Board may participate in a Board meeting or committee meeting by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time , and participation by such means shall constitute presence in person at ameeting. secge/BYLAWS2b/040300 PAGE 5 3. 7 MANNER OF ACTING: The act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board. 3. 8 8 VACANCIES: Anyvacancyoccurring on the Board may be filled by the affirmative vote of a majority of the remaining directors , though less than a quorum of the Board. A director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor inoffice. Any directorship to be filled by reason of an increase in the number of directors shall be filled by an election at any annual meeting or at a special shareholders ' meeting called for that purpose. 3 . 9 REMOVAL: At a meeting ofshareholders called expressly for that purpose , one or more members of the Board (including the entire Board) may be removed, with or without cause, by a vote of the holders of a majority of the shares then entitled to vote on election of directors. If less than the entire Board is to be removed , no one of the Directors may be removed if the votes cast against his or her removal would be sufficient to elect him or her if then cumulatively voted at an election of the entire Board. 3.10 PRESUMPTION OF ASSENT: A director of the corporation present at a Board meeting at which action on any corporate matter is taken shall be presumed to have assented to theaction taken, unless his or her dissent is entered in the minutes of the meeting,he or she files his or her written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or he or she forwards such dissent by registered mail to the secretary of the corporation immediately after the adjournment of the meeting. A director who voted in favor of such action may notdissent. 31. ACTION TAKEN BY DIRECTORS WITHOUT A MEETING:Any action required or permitted to be taken at a meeting of the Board may be taken without a meeting if a written consent setting forth the action to be taken is signed by each of the directors. Any such written consent shall be inserted in the minute book as if it were the minutes of a Board meeting. So long as there is only one director of the corporation , anything executed by that director on behalf of the corporation in any capacity shall, ipso facto, constitute approval of that act by the board of directors, irrespective of the capacity in which the director shall have executed the item. secge/BYLAWS2b/040300 PAGE 6 312 2EXECUTIVEANDOTHERCOMMITTEES: Standingor temporary committees may be appointed from its own number bythe Board of Directors from time to time and the Board of Directors may from time to time invest such committees with such powers as it may see fit, subject to such conditions as may be prescribed by such Board. An Executive Committee may be appointed by resolution passed by amajority ofthe full Board of Directors. It shall have and exercise all of the authority of the Board of Directors , except in reference to amending the Articles of Incorporation , adopting a plan of merger of consolidation, recommending the sale, lease or exchange or other dispositionof all or substantially all the property and assets of the corporation otherwise than the usual and regular course of business, recommending a voluntary dissolution or a revocation thereof,or amending the Bylaws. All committees so appointed shall keep regular minutes of the transactions of their meetings and shall cause them to be recorded in books kept for that purpose in the office of the corporation. The designation of any such committee and the delegation of authority thereto, shall not relieve the Board of Directors, or any member thereof, of any responsibility imposed by Jaw. ARTICLE 4. OFFICERS 4 . 1 DESIGNATION AND NUMBER: The officers of the corporation shall be a President, Executive Vice-President (which office may be limited to one or more specific projects) one ormore Vice-Presidents,a Secretary and a Treasurer,each of whom shall be elected by the Board. Such otherofficers and assistant officers as may be deemed necessary may be electedor appointed by the Board. Any two or more offices may beheld by the same person, except the offices of the President and Secretary. 4 . 2 ELECTION AND TERM OF OFFICE : The officers of the corporation shall be elected annually by the Board at the Board meeting held after the annual meeting of the shareholders. lfthe election of officers is not held at such meeting, such election shall be held as soon thereafter as a Board meetingmay conveniently be held. Each officer shall hold office until the next annual meeting and until his or her successor shall have been elected and qualified, unless he or she resigns or is removed. 43 REMOVAL : Any officer or agent elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the corporation would be served thereby, secge/BYLAWS2b/040300 PAGE 7 but such removal shall be without prejudice to thecontract rights, if any, of the person so removed. 4 . 4 VACANCIES: A vacancy in any office because of death , resignation , removal, disqualification or otherwise may be filled by the Board for the unexpired portion of the tenn . 4 . 5 5 PRESIDENT: The President shall be the principal executive officer of the corporation and, subject to the Board's control, shall supervise and control all of the business and affairs of the corporation. When present, he or she shall preside over all Shareholders'meetings and over all Board meetings. With the Secretary or other officer of the corporation authorized by the Board, he or she may sign certificates for shares of the corporation, deeds, mortgages, bonds, and contracts or other instruments that the Board has authorized to be executed, except when the signing andexecution thereof has been expressly delegated by the Board or by these Bylaws to some other officer or agent of the corporation or is required by law to be otherwise signed or executed by someother officer or in some other manner. In general, he or she shall perform all duties incident to the office of the President and such other duties as may be prescribed by the Board from timeto time. 4 . 6 VICE-PRESIDENTS: In the absence of the President or in the event of his or her death, inability or refusal to act, the Vice-President who was first elected to such office shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Vice-Presidents shall perform such other duties as from time to time may be designated to them by the President or bythe Board. The powersofVice-Presidents, Executive or otherwise, may be limited to one or more specific projects, which limitation shall be contained in the election or appointment of that officer. 4. 7 7 SECRETARY: The Secretary shall: (a) keep the minutes of the Shareholders'and Board meetings in one or more books provided for that purpose ; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents , the execution of which on behalf of the corporation under its seal is duly authorized; ( d) keep a register of the post office address of each shareholder as furnished to the _Secretary by eachshareholder; secge/BYLAWS2b/040300 PAGE 8 ) ( e) sign with the President, or a Vice-President, certificates for shares of the corporation , the issuance of which has been authorized by resolution of the Board; (t)have general charge of the stock transfer books of the corporation; and (g)in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the President or by the Board. The duties, but not the responsibilities,may be delegated by the Secretary for administrative convenience. 4 . 8 8 TREASURER : If required by the Board, the Treasurer shall give a bond for the faithful discharge of his or her duties in such sum and with such surety or sureties as the Board shall determine. He or she shall have charge and custody of and be responsible for all funds and securities of the corporation, receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies or other depositaries as shall be selected in accordance with the provisions of these Bylaws, and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the President or by the Board. The duties , but not the responsibilities , may be delegated by the Treasurer for administrative convenience. 4. 9 9 SALARIES : The salaries, bonuses andother benefits of the officers shall be fixed from time to time by the Board , and no officer shall be prevented from receiving such salary, bonus or benefit by reason of the fact that he or she is also a director of the corporation. 4 .10 DELEGATION: In the case of absence orinability to act of any officer of the corporation and of any person herein authorized to act in his or her place, the Board of Directors may from time to time delegate the powers or duties of such officer to any other officer or any director or other person whom it may select. 4. 11 BONDS: The Board of Directors may,by resolution, require any and all of the officers to give bonds to the corporation, with sufficient surety or sureties, conditioned for the faithful performance of the duties of their respective offices, and to comply with such other conditions as may from time to time be required by the Board of Directors. secge/BYLAWS2b/040300 PAGE 9 4. 12 OTHER OFFICERS: Directors may appoint such other officers and agents as it shall deem necessary orexpedient,who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board of Directors. ARTICLE 5. CONTRACTS, LOANS,CHECKS AND DEPOSITS :1 CONTRACTS: The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. 2 LOANS: No loans shall be contractedonbehalf of the corporation and no evidences of indebtedness shall be issued in its name unless authorized by action by the Board, which may be general in nature, except that all loans fromother than shareholders,directors,orrelated corporations must first be specifically authorized by resolution of the Board. 53 3 AND DIRECTORS: LOANS TO OFFICERS No loans shall be made by the corporation to its officers or directors, unless first approved by the holders of two-thirds of the shares, and no loans shall be made by the corporation secured by it shares 4 CHECK, DRAFTS,ETC.: All checks,drafts or other orders for the payment ofmoney,notes or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents, of the corporation and in such manner as is from time to time determined by resolution of the Board. 55 DESPOSITS: All funds of thecorporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board may select. ARTICLE 6. CERTIFICATES FOR SHARES AND THEIR TRANSFER 6.1 CERTIFICATES FOR SHARES: Certificates representing shares of the corporation shall be signed by the Presidentor the Vice-President and by the Secretary and shall include on their face written notice of any restrictions which theBoard may impose on the transferability of such shares. All certificates shall be consecutively numbered or otherwise identified. The name and address of the person to whomthe secge/BYLAWS2b/040300 PAGE 10 shares represented thereby are issued, with the number ofshares and date of issue, shall be entered on the stock transfer books of the corporation. All certificates surrendered to the corporation for transfer shall be cancelled and no new certificates for a like number of shares shall have been surrendered and cancelled , except that in case of a lost, destroyed , or mutilated certificate, a new one may be issued therefor upon such terms and indemnity to the corporation asthe Board mayprescribe. 6.2 TRANSFER OF SHARES : Transfer of shares of the corporation shall be made only on the stock transfer books of the corporation by the holder of record thereof or by his orher legal representative , who will furnish proper evidence of authority to transfer, or by his or her attorney in fact authorized by power of attorney duly executed and filed withthe Secretary of the corporation,and on surrender for cancellation of the certificates for suchshares. The person in whose name shares stand on the books of the corporation shall be deemed by the corporation to be the owner thereof for all purposes. 6.3 LIEN ON SHARES: The corporation shall have the first lien on all shares of its capital stock and upon all dividends declared upon the same for any indebtedness ofthe respective holders thereof to the corporation. 6.4 REGISTERED OWNER: Registered shareholders shall be treated by the corporation as the holders in fact of the stock standing in their respective names and the corporation shallnot be bound to recognize any equitable or other claim to or interest in any share on the part of any other person , whether or not it shall have express or other notice thereof, except as expressly provided below or by the laws of the State of Washington. The Board of Directors may adopt byresolution a procedure whereby a shareholder of the corporation may certify in writing to the corporation that all or a portion of the shares registered in the name of such shareholder are held for the account of a specified person or persons. The resolution shall set forth: (a) The classification of shareholder who may certify; (b) The purpose or purposes for which thecertification may be made; ( c) The form of certification and information tobe contained therein; ( d) If the certification is with respect to a record date or closing of the stock transfer books , the date within secge/BYLAWS2b/040300 PAGE 11 which the certification must be received by the corporation;and ( e) Such other provisions with respect to the procedureas are deemed necessary or desirable. Upon receipt by the corporation of a certification complying with the procedure , the persons specified in the certification shall be deemed, for the purpose or purposes set forth in the certification, to be the holders of record of the number of shares specified in place of the shareholder making the certification. 6.5 SHARES OF ANOTHER CORPORA TION,AND INTERESTS TN PARTNERSHIP (LIMITED, OR LIMITED LIABILITY)AND LIMITED LIABILITY COMPANIES: Shares or interests in partnerships (limited or limited liability) or limited liability companies , domestic or foreign, may be voted by such officer, agent or proxy as the Board of Directors may determine or, in the absence of such determinat ion, by the President of the corporation. 6.6 BOARD OF DIRECTORS: The Board of Directors shall have the power and authority to make all such rules and regulations as it may deem expedient concerning the issue, transfer, conversion and registration of certificates for shares of the capital stock of the corporation not inconsistent with the laws of the State of Washington and the Articles of Incorporation of the corporation , and these Bylaws, and subject to the rights of the stockholders or the corporation provided in the Articles of Incorporation to, from time to time, enter into such agreements as may seem expedient to them relating to the shares of stock held by them and limiting the transferability thereof. 6.7 SHAREHOLDERS' AGREEMETNS: The shareholders of this corporation may, from time to time, enter into such agreements as may seem expedient to them, relating to the shares of stock held by them and limiting the transferability thereof, and thereafter any transfer of said shares shall be made in accordance with the terms of such agreement ; provided , that before the actual transfer of said shares on the books of the corporation , written notice of such agreement shall be given by thi~ corporation by filing a copy thereof with the Secretary of the corporation , and a reference to such agreement shall be stamped, written or printed on the certificates representing such shares. secge/BYLAWS2b/040300 PAGE 12 6. 8 FRACTIONAL SHARES OR SCRIP: The corporation may, but shall not be obliged to, issue a certificate for a fractional share, which shall entitle the holder to exercise votingrights, to receive dividends thereon, and to participate in any of the assets of the corporation in the eventofliquidation. In lieu of fractional shares, the Board of Directors may provide forthe issuance of scrip in registered or bearer form which shall entitle the holder to receive a certificate for a full share upon the surrender of such scrip aggregating a full share. ARTICLE 7. DIVIDENDS ANDFINANCE ~ 1 DIVDENDS: Dividends may be declared by the Board of Directors and paid by the corporation out of the unreserved and unrestricted earned surplus of the corporation, or out of the unreserved and unrestricted net earnings of the current fiscal year and the next preceding fiscal year, subject to the conditions and limitations imposed by the State of Washington. The stock transfer books may be closed for the payment of dividends during such periods of not exceeding fifty days, as from time to time may be fixed by the Board of Directors. The Board of Directors , however, without closing the books of the corporation , may declare dividends payable only to the holders ofrecord at the close of business, on any business day not more than fifty days prior to the date on which the dividend is paid. 11 RESERVES: Before making any distribution of earned surplus, there may be set aside out of the earned surplus ofthe corporation such sum or sums as the directors from time to time in their absolute discretion deem expedient as a reserve fundto meeting contingencies, or for equalizing dividends, or for maintaining any property of the corporation, or for any other purpose, and any earned surplus of any year not distributed as dividends shall be deemed to have been thus set apart until otherwise disposed ofby the Board of Directors. ARTICLE 8. FISCAL YEAR The fiscal year of the corporation shall be January 1 to December 31. ARTICLE 9. SEAL The corporation seal of this corporation shall becircular in form and contain the name ofthecorporation. ARTICLE 10. WAIVEROFNOTICE secge/BYLAWS2b/040300 PAGE 13 Whenever any notice is required to be given to any shareholder or director of the corporation under the provisions of these Bylaws or under the provisions of the Articles of Incorporation or under the provision of the Washington Business Corporation Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent tothe giving of such notice. ARTICLE 11. INDEMNIFICATION 11 . 1 The corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrativeor investigative ( other than an action by or in the right of the corporation) by reason of the fact that he or she is or was a director, trustee, officer, employee or agent of the corporation or of a predecessor corporation, or is or was serving at the request of the corporation or of a predecessor corporation as a director, trustee, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceedingifhe or her acted in good faith and in a manner he or her reasonably believed to be in or not opposed to the best interests of the corporation, and with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner which he or she reasonably believed to be in or not opposed to the best interests of the corporation, and with respect to any criminal action or proceeding hadreasonable cause to believe that his or her conduct was lawful. 11 . 2 The corporation shall indemnify any person who was or is threatened to be made a party to any threatened, pending or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact thathe or she is or was a director, trustee, officer, employee oragent of the corporation, or is or was serving at the request of the corporation or of a predecessor corporation as a director, trustee, officer, employee or agent of another corporation, secge/BYLAWS2b/040300 PAGE 14 partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees) actually and reasonably incurred by him or her in connection with the defense or settlement of such action or suit if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the corporation and except that no indemnification shall be made in respect to any claim , issue or matter as to which such person shall have beenadjudged to be liable for negligence or misconduct in performance of his or her duty to the corporation unless and only to the extent that the court in which such action or suit was brought shall determine upon application that, despite the adjudication ofliability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper. 11 . 3 To the extent that a director, trustee, officer, employee or agent of the corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in paragraphs 11.1 and 11.2, or in defense of any claim , issue or matter therein, he or she shall be indemnified against expenses (includingattorneys'fees) actually and reasonably incurred by him or her in connection therewith. 11 . 4 Any indemnification under paragraph 11.1 and 11.2 above (unless ordered by a court) shall be made by the corporation only as authorized in the specific case upon a determination that indemnification of the directors , trustee , officer , employee or agent is proper in the circumstances because he or she has met the applicable standard of conduct set forth in paragraphs 11.1 and 11.2. Such determination shall be made (a)by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit or proceeding, or (b)if such quorum is not obtainable,or even if obtainable, a quorum is not obtainable, a quorum of disinterested directors so directs, by independent legal counsel in a written opinion, or ( c )by the shareholders. 11 . 5 Expenses (including attorneys' fees) incurred in defending a civil or criminal action, suit or proceeding maybe paid by the corporation in advance of the final disposition of such action, suit or proceeding as authorized in the manner provided in paragraph 11.4 upon receipt of an undertaking by or on behalf of the director, trustee, officer, employee or agent to repay such amount unless it shall ultimately be determined that he or she is entitled to be indemnified by thecorporation as authorized in this section. secge/BYLAWS2b/040300 PAGE 15 11 . 6 The indemnification provided by this Article shallnot be deemed exclusive of any other rights to which those indemnified may be entitled to under any law, bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, both as to action in his or her official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, trustee, officer, employee or agent of thecorporation. ARTICLE 12. AMENDMENTS These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by the Board of Directors at any regular or special meeting of the Board. Nothing herein shall deny the concurrent power of the shareholders to adopt, alter, amend or repeal Bylaws. ARTICLE 13. RULES OFORDER The rules contained in the most recent edition of R!iliert's Rules of Order, newly revised, shall govern all meetings of shareholders and directors except when those rules are inconsistent with the Articles oflncorporation, Bylaws or special rules of order of the corporation Adopted by the Board of Directo n a 1989. rist, secge/BYLAWS2b/040300 PAGE 16 • + • • ENGINEERING ivil & structural engineering & planning II STRUCTURAL OBSERVATION REPORT Project: Seco Development Bulkhead Purpose: Structural Evaluation Location: 1083 Lake Washington Blvd N Date: April 1" 2016 Renton, WA CG Project: 16027.10 Report: 1 Client: Seco Development General Contractor: Unknown Field Rep: Dennis Titus, PE, SE, Stephen Tabert PURPOSE AND SCOPE II A field representative of CG Engineering was on site on February 2, 2016 to evaluate the condition of an existing bulkhead located on the south side of Lake Washington. While on site we met with the Greg Krape from Seco Development. EXISTING BULKHEAD The existing bulkhead is constructed form a combination of timber and concrete. Refer to SS-1. The bulkhead is approximately 585ft long and spans two properties. It was originally constructed in the mid 1920's when the site was originally developed for a previous power plant. The bulkhead retains a sidewalk. The north portion of the sidewalk was improved during a recent site development. A concrete sidewalk and pavers were constructed and a guard rail was added along this length of the bulkhead. The sidewalk to the south, which leads to the Boeing property, is relatively unimproved and consists of a gravel base with an asphalt sidewalk. A small pier is located at the center of the bulkhead which extends approximately 20ft into Lake Washington. The bulkhead continues behind the pier. The timber portion of the bulkhead consists of 8x12 timber sheet piles. A row of timber piles spaced approximately at 8ft on center and are located directly outboard of the sheet piles. The piles vary in size but are close to 12" diameter. A lOxlO timber waler runs along the outside of the piles and tiebacks were observed spaced at approximately 15' on center. Along most of the bulkhead the waler was no longer present and the tiebacks were no longer attached. The top of the timber sheet piles and the round timber piles are located approximately 30" below the adjacent grade. A single row of ecology blocks are located upland of the sheet pile wall. The ecology blocks are 3x3x3ft with a 10" concrete cap on top. The area below the ecology blocks was probed and it appears that only one ecology block is present which bears on the soil directly behind the sheet pile wall. The ecology blocks appear to be part of the original construction or installed shortly after the timber portion of the bulkhead was constructed. The timber bulkhead appears to support the base of the existing concrete ecology blocks which supports the subgrade for the sidewalk. OBSERVATIONS At the time of the observation the lake water level was low in anticipation of upcoming rainfall, which left the tops of the piles visible. The piles, sheet piles and wale rs were observed during the site visit. Each was visually inspected for structural deficiencies. They were probed above and below the water level. They were also sounded for core rot. 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph. 425.778.8500 I t. 425.778.5536 www.cgengineering.com Seco Development Bulkhead Project number: 16027.10 Piles June 3, 2016 Page 2 of9 In general, the portions of the piles that were constantly submerged were in good condition. Very minor structural defects or rot was observed below the water level. Areas of rot were observed in the portion of the piles that were occasionally or consistently above the water level. Sheet Piles The sheet piles are the main retaining element of the bulkhead. They extend above the water level for a large part of the year. The tops of the sheets piles all showed signs of deterioration above the water level. Below the water level they were probed and were found to be in good condition. Walers The walers span between the piles and are used to attach the bulkhead system to the anchors. In many locations the walers were missing. The walers that were present were observed. The waler conditions varied but areas of rot were observed in several of them. Others showed signed of wear but were otherwise structurally sound. Many of the walers were missing. Tiebacks The tiebacks were observed throughout the bulkhead. They appeared to be 7 /8" or 1" diameter steel rods which extended upland under the sidewalk. The spacing was somewhat irregular but appeared to be close to 15ft on center. Typically tiebacks of this era would be connected to a concrete deadman located behind the wall but this could not be verified during the site visit. The tieback rods were mostly submerged. Where the tiebacks were visible they appeared be corroded. In their current condition it does not appear that the tiebacks are functioning as there were intended. Ecology Blocks The ecology blocks are located behind the sheet piles. The area below the ecology blocks was probed and it appears that they consist of only one course of blocks and do not extend below grade. In some areas they were slightly undermined. In the area that had been improved during the recent development, the sidewalk and pave rs were installed up to the ecology blocks. The ecology blocks were observed along the length of the bulkhead and appeared to be in good condition. RECOMMENDATIONS Given the age of the bulkhead it is in good condition. The portion of the bulkhead that is permanently below the water level appears to be in good condition with little signs of structural defects. Where the timber portion of the bulkhead is periodically or permanently exposed to air, rot and structural defects were observed. This is common of freshwater timber construction. Typically rot will affect the wood at the air water interface. Behind the sheet piles the ecology blocks also appear to be in good condition. The surrounding site is currently being redeveloped. To maintain the integrity of the bulkhead for the new development we recommend upgrading portions of the bulkhead. The exposed portions of the round piles and sheet piles will need to be repaired. A pile cap repair could be designed for each of the round piles. It would likely involve a steel jacket that would go over the piles and extend below the mudline. The damaged portion of the sheet piles will also need to be repaired. A steel sheet • 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ENGINEERING ph. 425.778.8500 I t. 425.778.5536 www.cgengineering.com j, Seco Development Bulkhead Proje ct number: 16027.10 June 3, 2016 Page 3 of 9 could be installed on the face of the sheet pil e wall and the vo id behind wou ld be filled with concrete. Th e concrete would be mechanically anchored to the existing ecology block and sidewalk slab. Refer to SS -2. The majority of the wale rs were also missing. The wale rs are used to attach the bulkhead to the anchors. We recommend that the wale rs be replaced. Th e wa ler could be replaced w ith a galvanized steel waler. All of the anchor rods that were visible were corroded and did not appear to be functional. The anchors are used to laterally support the bulkhead above grade. The anchors would be re connected w here possible. Where it is not possible to re-use the ex isting anchors, additional support would be provided by a new wood waler anchored t o the concrete sidewalk. CONCLUSIONS Given the condition of the timber bulkhead below the water line it is not unreaso nable to assume that it could have an operational life of another 30 -50 years provided the recommended repairs are completed. The timber portion of the bulkhead below the air water interface will be protected from decay by wate r. DIS CLA IMER Thi s observation is t h e p rofession al opinion of CG Enginee ring PLLC based on the information ava i lable during this assess ment or eval u at ion . Th is report does not warrant o r gua ra ntee t h at all conditions wer e discovered at the t ime of the ob serva tion. Th i s report was prepared subject to the standard of care applicable t o professiona l services at the time the se rvices wer e provid ed. E ENGINEERING 250 4th Avenue So uth, Suite 200 Edmonds, WA 98020 ph . 425.778.8500 I t. 425.778.5536 www .cgen gineering.com Seco Development Bulkh ea d Proj ect number: 1602 7.10 ENGINEE RING Photo 1-Aeria l Image of Project Site Photo 2 -Bulkhead at Improved Sidewalk Jun e 3, 20 16 Page 4 o f 9 250 4 th Avenue So uth, Sui te 200 Edmonds, WA 98020 p h. 425.778.8500 I t. 425 .778.5536 w ww.cgengin eeri ng.co m • Seco De ve lo pm ent Bu lkhead Pr oj ect n umber: 16027.10 Photo 3 -Bulkhead at Un i mproved Bulkhead Photo 4 -Typ ic al Construction ENGINEERING I ' ., June 3, 20 16 Page 5 of 9 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph . 425.778.8500 I f . 425.778.5536 www.cge ngi nee r i ng.com Seco Development Bulkhead Project number: 16027.10 + ENGINEERING Photo 5 -Probing Piles above Water Level Photo 6 -Rot in Pile above Water Line June 3, 2016 Pa ge 6 of 9 • 250 4th Ave n ue Sou th, Suite 200 Edmonds, WA 98020 ph. 425 . 778.8500 I t. 425.778.5536 www.c gengi neering.com • Seco Deve lop me nt Bulkh ea d Proje ct number: 16027.10 f • ENGINEERING Photo 7 -Probing Piles below Water Level June 3, 2016 Page 7 of 9 I .. ~ --_ _t--·=------ Photo 8 -Deterioration in Pile above Water Line 2 50 4th Ave nue South, Suite 200 Edmonds, WA 98020 ph . 425 .778.8500 I f. 425.778.5536 www.cgengineering.com Seco Development Bulkhea d Project number: 16027.10 + ENGINEERING Photo 9 -Sound Pile at Waterline Photo 10 -Missing Waler June 3, 2016 Pa ge 8 of 9 - 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph. 425.778.8500 I f . 425.778.5536 www.cgenginee ring.com Seco Development Bulkh ead Project number: 16027.10 • ENGINEERING Photo 11 -Typical Top of Sheet Pile Photo 12 -Typical Anchor (Waler Missing) June 3, 2016 Pa ge 9 of 9 250 4th Avenue South, Suite 200 Edmond s, WA 98020 ph . 425.778.8500 I f . 425.778.5536 www.cgenginee r ing.com 3' x 3' x 3' CONCRETE ECOLOGY BLOC K 6x 10 TIMBER SPACER EX CONCRETE APPROX HIGH ---WAT ERIEvii ---------.._ __ ---------------. EX MUD LINE ~·~ EX 12"0 ---f -'::.. 1 _: TIMBER PILE TO BE REMOVED ~ 12"0 TIMBER PILE -+----__ I / 8x12 TIMBER V SHEET PILE J_~,·'-----'-- EXISTING CONDITION SCALE: 3/8" = 1'-0" SECO DEVELOPMENT BULKHEAD C C = 1083 L,AKE WASHINGTON BLVD --RENTON, WA 98056 ENGINEERING TIT LE 250 4TH AVE. S., SUITE 200 EXISTING CONDITION EDMONDS , WASHIN GTO N 98020 PHONE (425) 778-8500 FAX (425) 778-5536 PLOT DATE: O/ ,01 oo Fllf NAME: SS-1 .. EX PAVERS 00/20/16 DATE 05/20/16 SHEET PROJECT NO. 16027.10 SCALE J/8" -1 ·-0 · DRAWN BY OMT SS-1 CHECKED BY GAG APPROVED BY DMT . ' PT 4x10 HF #2 WALER W/ 5/8"0 THREADED ROD DOWEL & EPOXY TO EX CONC PT 4x10 HF #2 WALER PT 8x8 DF#2 PILE CAP APPROX HIGH WAfERLEVEi.-- APPROX LOW WATER LEVEL CUT EX PILE BELOW EX LOW WATER LEVEL & SLEEVE W/ STEEL PILE STEEL DRIVEN BELOW GRADE & ATIACHED TO EX SHEET PILE WALL 4'-0" MIN BELOW LOW WATER LEVEL DBL C6x12 WALER PT 4x6 STRINGER @ 4'-0" OC 2" OPEN GRATING EX CONCRETE & 4x6 PT LEDGER W/ PAVER SIDEWALK ~ 5/8"0 EXPANSION ANCHOR @ 1'-6" OC '' -,-. , , < 3' x 3' x 3' CONCRETE := ! __:/ ECOLOGY BLOCK ~c RECONNECT EX ANCHORS · .. : --__ -r WHERE POSSIBLE -· v.s-"'---DOWEL & EPOXY #4 @ 2'-0" OC EA WAY W/ HILTI HY-200 & 4" MIN EMBED NOTE: CONC FILL BEHIND STEEL PLATE CUT EX 8x12 TIMBER SHEET PILE BELOW LOW WATER LINE WHERE MISSING PILES ARE ENCOUNTERED THEY SHALL BE REPLACED W/ 8"0 STEEL PILES. BULKHEAD REPAIR SECTION SCALE: 3/8" = 1 '-0" 00/20/16 er: ---- SECO DEVELOPMENT BULKHEAD DATE 05/20/16 SHEET 1083 LAKE WASHINGTON BLVD N PROJECT NO. 16027.10 - ENGINEERING RENTON, WA 98056 SCALE 3/8" "' 1'-0fl SS-2 250 4TH AVE. S,, SUITE 200 TITLE DRAWN SY DMT ED~ONDS, WASHINGTON 98020 BULKHEAD REAPIR SECTION CHECKED BY GAG PHONE (425) 778-8500 FAX (425) 778-55::16 APPROVED BY DMT PLOT DATE: 51rn116 FIL£ NAME: SS-2 DEPARTMENT OF COI\ .... UNITY AND ECONOMIC DEVELOPMENT -------•---'Ren ton® ENVIRONMENTAL CHECKLIST Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov PURPOSE OF CHECKLIST: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. 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. INSTRUCTIONS FOR LEAD AGENCIES: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy ofthe checklist and other supporting documents. 1 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 • USE OF CHECKLIST FOR NONPROJECT PROPOSALS; For non project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B even though questions may be answered "does not apply". In addition the SUPPLEMENTAL SHEET FOR NON PROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent", and "affected geographic area" respectively. The lead agency may exclude (for non-projects) questions in Part B -Environmental Elements-that do not contribute meaningfully to the analysis of the proposal. For help go to: http://www.ecy.wa.gov/programs/sea/sepa/e-review.html A. BACKGROUND 1. Name of proposed project, if applicable: Southport Shoreline Modifications 2. Name of applicant: Greg Krape, SECO Development, Inc. 3. Address and phone number of applicant and contact person: Applicant; 1083 Lake Washington Blvd. N Suite 50, Renton WA 98056, (425) 282-5833 x308 Contact Person: Kenny Booth, The Watershed Company 750 Sixth Street South, Kirkland, WA 98033, {425) 827-8136 4. Date checklist prepared: 8/3/16 5. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): In-water work will occur between November 161h, 2016 and December 3151 , 2016 and/or Between July 16'h, 2017 and July 31'', 2017. Upland or overwater work may occur slightly outside of these timelines. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Not at this time. 2 \\wsOl\Company\PROJECTS\2015\08-August\150809 · Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Lake Study -Southport Shoreline Modifications, The Watershed Company, 2016. Biological Evaluation -Southport Shoreline Modifications, The Watershed Company, 2016. 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. No. 10. List any government approvals or permits that will be needed for your proposal, if known. Section 10/404 Nationwide Permit -U.S. Army Corps of Engineers Shoreline Substantial Development Permit -City of Renton Water Quality Certification and Coastal Zone Management Consistency Determination - Dept. of Ecology Hydraulic Project Approval -WDFW 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The applicant proposes the following: Eastern shoreline: add a grated ramp and float (2,013square feet total) for small watercraft. Abandon recently removed 164-foot long floating walkway/ log boom. Central shoreline: repair the existing timber pile and concrete bulkhead, install grated decking over 360 feet of repaired bulkhead, remove approximately 101 derelict piles, remove 290 feet of horizontal beams, remove several logs resting against bulkhead, remove all anchor and link logs from log boom western attachment piling Western shoreline: remove 2 dolphins (comprised of 14 piles), remove 1 finger pier, abandon second recently removed finger pier, install grated float (approximately 528 square feet total) for small watercraft, install pump-out facility. 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. The proposed work will occur on three parcels: 0823059216, 0523059075, 0523059076 The street address for the project is 1083 Lake Washington Blvd N 98055. The project is located in section NW8 and SW5, Township 23, Range 5. 3 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 Legal description for parcel 0523059075: NEW LOT A" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT} RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) Legal description for parcel 0523059076: LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 99-134-SHPL RECORDING NO 20000131900006 BEING PARCEL B OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 98-176 LLA RECORDING NO 9902019014 BEING A PORTION OF GOV LOT 1 IN NW 1/4 OF SECTION 08- 23-05 LY NLY & WLY OF BURLINGTON NORTHERN RAILROAD CO R/W AND PORTION OF LAKE WASHINGTON SHORELANDS IN SW 1/4 OF SECTION 05-23-05 Legal description for parcel 0823059216: "NEW LOT B" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14-001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05} B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (check or circle one): !Flat!, rolling, hilly, steep slopes, mountainous, other _____ _ b. What is the steepest slope on the site (approximate percent slope)? 1% or less 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. The subject property is mostly covered by impervious surface. The soil classification from NRCS is Urban Land. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Upland soils were assessed as part of hotel/office activities. However, no soil disturbing activities are proposed under the current project. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. 4 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 A small amount of concrete will be poured as part of bulkhead repair activities. Otherwise, no grading will occur as part of the proposed project. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No ground disturbing activities are proposed. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The construction plan does not include installation of any new impervious surfaces. However, existing impervious surfaces cover roughly 85-90% of the project site. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Since no new ground disturbing activities are proposed, measures to reduce or control erosion are not necessary. 2. AIR a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Project emissions will be temporary and limited to emissions from construction activities. During construction, emissions to the air including equipment exhaust and dust could result from equipment and machinery. These emissions would be temporary and rapidly dissipated. Following project completion, a small amount of emissions may result from small motorized boat traffic utilizing the floats. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. There are no known off-site sources of emissions or odor that may affect the proposal. c. Proposed measures to reduce or control emissions or other impacts to air, if any: Construction vehicles and equipment will be in good working order. 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. Yes. The subject property is immediately adjacent to Lake Washington, the second largest natural lake in Washington. The outflow of Lake Washington is the Lake Washington Ship Canal. 5 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 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. Yes. The proposed project will include work over, in and adjacent to Lake Washington. Please see attached plans for greater detail. 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 ofthe site that would be affected. Indicate the source of fill material. A small amount of concrete will be placed behind a new steel sheet pile as part of bulkhead repair activities. Otherwise, no fill will be placed into Lake Washington. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. The proposed project will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. The proposed project does not lie within a 100-year floodplain. 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. The proposed project will not involve any discharges of waste materials into surface waters. All appropriate BMP's would be implemented to prevent such discharges. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description ofthe well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Groundwater withdraw will not be required for this project. N/A 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. c. Water runoff (including stormwater): 6 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 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. No new sources of water runoff are proposed as part of this project. Runoff quantities and flow patterns are not expected to change as a result of the project. 2) Could waste materials enter ground or surface waters? If so, generally describe. During construction, fuel, lubricant or other material spills from equipment could enter ground or surface waters. However, spill cleanup equipment would be present on site during construction. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. The proposed project is not expected to alter or otherwise affect drainage patterns in the vicinity of the site. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: The proposed ramps, floats, and decking will all be fully grated to minimize impacts to drainage patterns. 4. PLANTS a. Check the types of vegetation found on the site: __ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other _x_shrubs _grass __ pasture __ crop or grain __ orchards, vineyards or other permanent crops. _wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other _x_other types of vegetation b. What kind and amount of vegetation will be removed or altered? Vegetation on site is very limited. Some invasive vegetation may be removed. c. List threatened and endangered species known to be on or near the site. 7 \\ws01\Company\PROJECTS\201S\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 No known threatened or endangered plant species have been documented in the City of Renton. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: No new landscaping is proposed for the site. e. List all noxious weeds and invasive species known to be on or near the site. The following invasive species have been documented on site: Reed canary grass, Himalayan blackberry 5. ANIMALS a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: Birds: ihaw~ lheron~ leagl~ lsongbird~, other:------------- Mammals: deer, bear, elk, beaver, other:------------ Fish: bass, lsalmonl, ~ herring, shellfish, other ________ _ b. List any threatened and endangered species known to be on or near the site. Adult and juvenile Chinook salmon and steelhead trout, both listed as Threatened under the federal Endangered Species Act (ESA), migrate through Lake Washington and into the Cedar River. Adults migrate upstream to reach spawning grounds; juveniles migrate downstream from their natal streams to reach the ocean. Lake Washington and the Cedar River potentially contain bull trout, a salmon id listed as Threatened under the federal ESA. Lake Washington and the Cedar River also contain coho salmon, a Species of Concern under the federal ESA. Bald eagles, listed as Species of Concern under the federal ESA, commonly forage and nest next to large open waters and may pass through the project area. No raptor nests were noted during project fieldwork, but two bald eagle nests are mapped (on Washington Department of Fish and Wildlife's PHS on the Web) approximately one-mile to the west of the project site. c. Is the site part of a migration route? If so, explain. Adult and juvenile salmon migrate up and downstream, respectively, through the Cedar River. Migrating waterfowl may use the area for resting and foraging during spring and fall migrations. d. Proposed measures to preserve or enhance wildlife, if any: Approximately 107 derelict piles will be removed. Removal of piles will improve fish habitat and prevent further creosote leaching from the piles into Lake Washington. 8 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 e. List any invasive animal species known to be on or near the site. According to data from the Washington Invasive Species Council, Nutria and Atlantic Salmon have been observed near the project site. Additionally, King County lists the following invasive species that are known to occur in the area: European starling, house sparrow, Eastern gray squirrel, and fox squirrel. 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. The types of energy likely to be used to implement the proposed project include gas-and/or diesel-powered vehicles and machinery. These use of these vehicles will be temporary. The completed project is not expected to require any energy. No. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. 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: No such features are proposed. 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 ofthis proposal? If so, describe. Typical environmental health hazards related to construction could occur during the project. 1) Describe any known or possible contamination at the site from present or past uses. The site was previously occupied by the Shuffleton Steam Plant. The plant was operational from 1929 to 1989. Benzene, non-halogenated solvents, and petroleum were present in soil and ground water requiring a cleanup effort. The plant was demolished in 1999 and remediation occurred. Washington State Department of Ecology updated the majority of the site to a "No Further Action" designation in 1999. The remainder of the site received the same designation in 2000. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. 9 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 There are no known hazardous liquid or gas transmission pipelines located within the project area or vicinity. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. There are no toxic or hazardous chemicals associated with the projects construction. 4) Describe special emergency services that might be required. Special emergency services are not anticipated to be required. In the unlikely event that an accident (spill, fire, other exposure) were to occur involving toxic chemicals or hazardous wastes, the local fire department's hazardous materials team would respond. If necessary, local medical services might also be required. Safety and accident response supplies would be on-site. 5) Proposed measures to reduce or control environmental health hazards, if any: Standard precautions would be taken to ensure the safety of work crews. A crew supervisor would be contacted by a crew member immediately upon discovery of a spill. The crew supervisor would then ensure that the spill is cleaned up in an appropriate manner and would contact the appropriate authorities, if necessary. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Because some project activities are likely to occur within or adjacent to roads, highways and parking lots, noise associated with vehicular traffic is expected. There may also be noise associated with the Boeing 737 factory and runway on the neighboring property. However, such noise would not affect project activities. 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. Noises that would be created or associated with construction of the project on a short-term basis include those typically associated with construction, such as noises that emanate from heavy machinery, pile driving equipment, and hand and power tools. These noises would only occur in the project area and would only occur during the short construction timeframe. Noise would be limited to normal daytime working hours and follow all applicable regulations set forth in Renton City Code 8-7. 3) Proposed measures to reduce or control noise impacts, if any: 10 \ \wsOl\Company\PROJECTS\2015\08-August\150809 -Renton 5ECO Shoreline\Documents\Permitting\SEPA\Renton 5ECO SEPA Checklist.doc Rev: 08/2015 In order to minimize noise impacts on Chinook and coho salmon, bull trout, and steelhead, the in-water timing restriction (no in-water construction from January 1'' through July lS'h and August 1'' through November lS'h) would be followed. This restriction is adequate to minimize the probability that those species would be in the action area during construction. By constructing during the approved work windows, noise impacts are rendered insignificant and discountable. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The property immediately adjacent to the NE of the subject property is Gene Coulon Memorial Beach Park, a 57-acre lakeside city park with walking trails, tennis courts and picnic areas. The property immediately adjacent to the SW is owned by the Boeing Company and used to produce 737 jet airplanes. The property immediately adjacent to the SE of the subject property is currently under construction. Lake Washington is immediately NW of the subject property. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? The project has not been used as farmlands or working forest lands. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: The proposal will not affect or be affected by working farm or forest land, because the surrounding land is not used for those purposes. c. Describe any structures on the site. The property features a bulkhead along the entire 580 feet of shoreline. The property also features a hotel comprised of two 12-story buildings (under construction), and a mixed use apartment complex comprised of four 5-story buildings with a basement/parking. Both buildings are newly constructed and in excellent condition. d. Will any structures be demolished? If so, what? As part of this project, approximately 101 piles, two finger piers, and two dolphin structures (comprised of 14 piles) will be removed as mitigation for proposed improvements. e. What is the current zoning classification of the site? The project site is zoned as UC-Urban Center. 11 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 f. What is the current comprehensive plan designation of the site? The City of Renton Comprehensive Plan designates this site as CMU-Commercial Mixed Use. g. If applicable, what is the current shoreline master program designation of the site? The City of Renton Shoreline Master Program designates this site as Shoreline High Intensity. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. Some of the project activities will occur in or over Lake Washington, which is designated as a critical area by the City of Renton. i. Approximately how many people would reside or work in the completed project? Not applicable. j. Approximately how many people would the completed project displace? Not applicable. k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The proposed project is compatible with existing and projected land uses and plans. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long- term commercial significance, if any: Not applicable. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. Not applicable. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Not applicable. c. Proposed measures to reduce or control housing impacts, if any: Not applicable. 12 \\ws01\Company\PROJECTS\201S\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO $EPA Checklist.doc Rev: 08/2015 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 project proposes a grated walkway, small ramps and floats; these structures will all be at foot level. The principal building materials associated with the proposed boat ramps and floats will be steel and high density foam filled tubes. For bulkhead repair the principal building materials will be concrete and steel. b. What views in the immediate vicinity would be altered or obstructed? No views would be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? No light or glare will be produced by this project. 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? The project site may encounter glare from Lake Washington; this glare is not expected to affect the proposed project. d. Proposed measures to reduce or control light and glare impacts, if any: No measures to control glare are necessary. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Gene Coulon Memorial Beach Park is a S7-acre city park immediately adjacent to the project site. b. Would the proposed project displace any existing recreational uses? If so, describe. The proposed project will not displace any existing recreational uses. 13 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The entire project is designed to enhance public shoreline access and recreational opportunities through the construction of two grated ramp and float systems for temporary moorage of motorized and non-motorized watercraft. 13. HISTORIC AND CULTURAL PRESERVATION No. a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers? If so, specifically describe. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. No landmarks, features, or other evidence of Indian or historic use is documented according to Department of Archeology and Historic Preservation's (DAHP} WISAARD (Washington Information System for Architectural and Archaeological Records Data). c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. No such landmark or evidence is known to be on or next to the project site. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. Should historic, archeological, scientific or culturally significant items be encountered during implementation of maintenance activities, work would be temporarily stopped while the appropriate agencies are notified. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The project site can be accessed via Coulon Beach Park Drive and the Southport access road. No additional access streets are proposed as part of this project. 14 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The project site is currently served by public transit. The Sound Transit 560 route stops at the intersection of NE Park Dr. and Garden Ave N. The nearest transit stop is about a quarter mile as the crow flies or a half mile walk. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? The proposed project will provide at least three public parking spaces for public access requirements. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private)." The proposal will not require any such improvements. No. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates? Area traffic is not expected to change as a result of the proposed project. No. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. h. Proposed measures to reduce or control transportation impacts, if any: No such measures are necessary. 15. PUBLIC SERVICES No. a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. No such measures are necessary. 15 \\wsOl\Company\PROJECTS\2015\08-August\!50809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 16. UTILITIES a. Check or circle utilities currently available at the site: lelectricitvl, !natural ga~ ~ !refuse servic;i ·~e-le_p_h_o_n~;i !sanitary sewe~ 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. No additional utilities are proposed as part of this project. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Proponent Signature: 4~----- Name of Signee (printed): Kenny Booth, AICP Position and Agency/Organization: Senior Planner/ The Watershed Company Date Submitted: 8/24/2016 16 \\wsOl\Company\PROJECTS\2015\08-August\150809 -Renton SECO Shoreline\Documents\Permitting\SEPA\Renton SECO SEPA Checklist.doc Rev: 08/2015 Southport Shoreline Modifications Neighborhood Detail Map N 0 A r ,;len,, ,1 1., I R,-,, ,, I, I , ,d; Coulon Beach Access Road King County, Esri, HERE, Delorme, Mapmylndia, © OpenStreetMap contributors, and the GIS u5er community 250 500 1,000 Feet 1 inch = 500 feet THE WATERSHED COMPANY TECHNICAL MEMORANDUM THI WATERSHED CC)./v\l'ANY Date: To: From: August 8, 2016 Rocale Timmons Pre-Application Number TWC Project Number: Kenny Booth, Andy Noone PRE 16-000406 150809 Project Name: Southport Shoreline Modifications Subject: Response to June 23, 2016 pre-application notes and questions All fill and excavation waterward of the OHWM not associated with ecological restoration, flood control or approved shoreline stabilization shall require a Shoreline Conditional Use Permit. Response: The small amount of concrete (approximately 66 cubic yards) that is proposed waterward of the OHWM is associated with repair of the existing approved shoreline stabilization structure (bulkhead). WDFW may also mandate the placement of clean gravel/sand in areas where piles are extracted. No other fill is proposed waterward oftheOHWM. A geotechnical report is required for proposed shoreline stabilization projects. The geotechnical analysis pursuant to this Section that addresses the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. The geotechnical analysis shall evaluate the need and effectiveness of both hard and soft armoring solutions in preventing potential damage to a primary structure. Consideration should be given to permit requirements of other agencies with jurisdiction. Response: Please see the SECO Development Bulkhead Structural Observation Report, CG Engineering, 2016. It is unclear the scope of abandoning the recently removed log boom. Please provide additional detail and note this log boom provides shoreline protection by minimizing wave action to Coulon Park. Response: The log boom was previously removed from the site approximately ten years ago. This item was included in the scope to indicate that the log boom will not be put back in place. The shoreline that the log boom protected is entirely bulkhead. Since its removal, no significant impacts associated with its removal have been documented. Gene Coulon Memorial Beach Park has a separate log boom that serves to protect the swimming area from wave action. This log boom will remain. 7SO Sixth Street South : Kirkland, WA 98033 p 425.822.5242 f 42S.827 .8136 watershed co.com Southport Shoreline Modifications Response to pre-application notes August, 2016 Page 2 With increased boat traffic, please prepare a wave analysis, describing potential impacts to Coulon Park around Bird Island and the west side of Coulon Park that abuts the Southport property (vicinity of location of Log Boom to be abandoned). Response: All boats in Lake Washington are restricted to 7 knots/ 8 miles per hour within 100 yards of the shoreline, pier, restricted area, or shoreline installation (King County Code 12.44.090). This speed limit requires most boats to travel at idle speed when near the shoreline. At idling speed, boats are producing as little wake as possible. Additionally, the 100-yard requirement would extend outward from Bird Island and the Boeing property which would provide even greater protection for the inner harbor area where the floats are proposed. Any wake and wave action within the Southport area would not result in erosion impacts, since the shoreline in that area is entirely bulkheaded. Additionally, if any wake was created from accessing the proposed floats, that wake would be interrupted by Bird Island, and would not reach the swimming area. Significantly more boat traffic, and wave impacts to the Gene Coulon swimming area would occur from ongoing operation of the 8-lane boat launch ramp in Gene Coulon Memorial Beach Park. This existing facility is not separated from the swimming beach area like the Southport site is, rather it is directly adjacent to the beach. Lastly, the park's swimming area is protected by a log boom, a floating dock area and a swimming line, all of which will reduce or eliminate wave impacts on the shoreline and prevent boats from entering the swimming area. The west side of Gene Coulon Memorial Beach Park that is in the vicinity of the proposed project is bulkheaded, and therefore protected from any wave action that might result from small motorized vessel access. While some erosion on Bird Island may be possible, Bird Island has a natural, vegetated shoreline that serves to prevent significant erosion. • ' The Watershed Company Technical Memorandum August 2016 Page3 Figure 1. The western portion of Gene Coulon Memorial Beach Park in the vicinity of the proposed floats. Note the bulkheaded shoreline and the natural shoreline of Bird Island. Turtles currently utilize the pilings and log booms to rest. Be sure to identify species and describe impacts if any. Response: A turtle that appeared to be an invasive red-eared slider was observed and documented by Kenny Booth, Senior Planner, on August 10"', 2015. This turtle was observed on the pilings towards the eastern shoreline area of the proposed project. The pilings in this area are proposed to remain. A discussion of turtles and species can be found in the Lake Study, in Section 2.2 Critical Areas and Habitat -Wildlife. Dolphins/Pi/es have been identified as creosote-based. Will pilings be cut or removed? If removed, will soil be tested and removed? Describe removal methods to be utilized, protection measures and environmental impacts if any. Response: All dolphins and piles will be pulled using a vibratory pile extraction method. Piles that cannot be removed using this method will be cut 2 feet below the mudline. Pile and finger removal could produce temporary, localized sediment plumes that would dissipate following cessation of activity. To minimize construction impacts Southport Shoreline Modifications Response to pre-application notes August, 2016 Page 4 associated with increased turbidity and the potential for release of toxic chemicals during construction, the following timing restrictions and conditions are proposed: • No in-water construction activity will occur at a minimum from January 1st through July 15th and August 1st through November 15th for protection of fish. • A floating sediment curtain will be installed and maintained around the work area for the duration of in-water work. • The contractor will stockpile any debris on the barge pending off-site disposal. • No hazardous materials will be mixed or stored in or near the water. No cleaning of materials will be performed in or near the water. • A Spill Prevention Plan will be developed and implemented. In addition, a Spill Kit will be maintained and secured on the barge at all times. • The barge will not be allowed to ground. • All debris will be properly disposed of on land in such a manner that they cannot enter into the waterway or cause water quality degradation (Section 13, Rivers and Harbors Act). ' SHORELINE TRACKING WORKSHEET City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 The City of Renton is required by the Washington State Department of Ecology to track and evaluate the effectiveness of the Shoreline Master Program at achieving no net loss of shoreline ecological functions with respect to shoreline projects. The City will use shoreline development tracking information to prepare a Shoreline Master Program report every eight years to comply with the Shoreline Management Act requirements. SHORELINE STABILIZATION 1. Is there currently a bulkhead on your site? li'.'.I' Yes D No; If yes, fill out table below. If no see "Site Conditions", Section 2 below ' What Type of Materials is Your Bulkhead Made of? Linear Feet of Hard Materials: Concrete Ecology blocks, timber sheet piles, 580 rounded timber piles, and walers Li near Feet of Soft Materials: 0 Examples of Types of Bulkheads: Hard (e.g. racks, wood; Soft (e.g. sand, plants); Combination-soft materials at the water with hard materials furtherer inland, or a combination of hard and soft materials at the water. SITE CONDITIONS 2. List the size (in square feet) and type of all structures (1'' floor only) on your property (e.g. 2,000 sq. ft. house, 125 sq. ft. greenhouse). There are four existing multi-family residential buildings on the site, with approximate footprints ranging from 10,000 to 14,000 square feet. The hotel that is currently under construction has a footprint of approximately 36,000 square feet. 3. List distance (in feet) from the water to the closest point of each structure. List each building separately (e.g. shed, dock, carport). The hotel and residential buildings are approximately 40-feet landward of the OHWM. . 1- H:\PROJECTS\2015\08-August\150809 · Renton SECO Shoreline\Documents\Permitting\City of Renton\August 2016 SSDP submittal\Shoreline Tracking Worksheet.docx 09/13 4. List the size (in square feet) and type of all impervious surfaces (e.g. driveway, parking area, walkway, patio). Essentially the entire shoreline area is covered with impervious surfaces (90%+). This includes concrete and pavers. 5. list distance (in feet) from the water to the closest point of each impervious surface (hard surface. An impervious promenade/walkway is located immediately adjacent to bulkhead. 6. Describe the existing vegetation within 100 ft. of the waterline. Estimate the amount (in square feet) of native vegetation. Gross ond ornamental plantings (e.g. plants requiring care or grown for decorative purposes) should not be counted. A small amount (<300 SF) of invasive vegetation is present in the extreme northeast corner of the project area, adjacent to Gene Coulon Park. Species Include Himalayan blackberry and reed canarygrass. 7. Describe the proposed vegetation within 100 ft. of the waterline. Estimate the amount (in square feet) of native vegetation. Grass and ornamental plantings (e.g. plants requiring care or grown for decorative purposes) should not be counted. No new vegetation is proposed. 8. Will the project require any added fill? If so, how many cubic yards will be added: A small amount of concrete (approximately 66 cubic yards-S62 square feet) will be poured as part of bulkhead repair activities. WDFW may also mandate the placement of clean gravel/sand in areas where piles are extracted. Otherwise, no grading will occur as part of the proposed project. . 2. H:\PROJECTS\2015\08-August\150809. Renton SECO Shoreline\Documents\Permitting\City of Renton\August 2016 SSDP submittal\Shoreline Tracking Worksheet.docx 09/13 '· IN WATER AND OVER WATER STRUCTURES 9. Are there any in or over water structures on your site (e.g. docks, floats, bridges, mooring piles, boatlifts)? 0 Yes D No; If yes, fill out the table below. Describe the in and over water structures on your site Type Surface Area Light Penetrating Materials (e.g. dock, float, bridge, (in square feet, if (the percentage of the mooring pile, boat lift, applicable) surface area that is made of etc.) material that allows light to reach the water) Existing -Eastern wood deck -680 SF -0% structures to remain -Central wood deck -2,600 SF -0% -Western wood wharf -4,000 SF -0% Existing -Portions of western structures wood wharf that will ---Finger pier -85 SF -N/A be ----Ell -140 SF -N/A removed -Piles -121 total -N/A Proposed -Eastern float -2,013 SF -Fully grated structures -Western float -528 SF -Fully grated -Bulkhead apron -1,312 SF -Fully grated -3 -09/13 H:\PROJECTS\2015\0B·August\150809 • Renton SECO Shoreline\Documents\Permitting\City of Renton\August 2016 SSDP submittal\Shoreline Tracking Worksheet.docx Form WA-5 (6/76) Commitment Face Page COMMITMENT FOR TITLE INSURANCE Issued by File No.: NCS-346862-WA! FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby 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 mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment If preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall Issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company Au~-President By: Attest: l)J ,<.,z,,[ /_ ~ Secretary By: ~/' ~ Countersigned Arst American Title Insurance Company Form WA-5 (6/76) Commitment ,-/\MF. #1:1 ~ First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 • (800)526-7544 FAX (206)448-6348 Jean Couch (206)615-3118 jcouch@firstam.com File No.: NCS-346862-WAl Page No. 1 .• To: Seco Development, Inc. 1083 Lake Washington Boulevard, Suite 50 Renton, WA 98056 File No.: NCS-346862-WAl Your Ref No.: Southport LLC Attn: Lisa Collins SIXTH REPORT SCHEDULE A 1. Commitment Date: July 14, 2016 at 7:30 A.M. 2. Policy or Policies to be Issued: AMOUNT Extended Mortgagee's Coverage $ To follow $ Proposed Insured: To follow PREMIUM TAX $ 3. Toe estate or interest in the land desclibed on Page 2 herein is Fee Simple as to Parcel A and Easement as to Parcel B, and title thereto Is at the effective date hereof vested In: Office at Southport LLC, a Washington limited liability company formerly known as Southport, LLC 4. Toe land referred to In this Commitment Is described as follows: The land referred to in this report is desclibed in Exhibit "A" attached hereto. Rrst American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT'A' LEGAL DESCRIPTION: PARCEL A: File No.: NCS-346862-WAI Page No. 2 LOT B OF OTY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-001514, AS RECORDED DECEMBER 23, 2014 AS RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. PARCEL B: EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN INSTRUMENTS RECORDED JULY 11, 1967, FEBRUARY 1, 1999 AND JANUARY 31, 2000 UNDER RECORDING NOS. 6201855, 6317510, 9902019014 AND 20000131900006, IN KING COUNTY, WASHINGTON. First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-346862-WAI Page No. 3 Item (A) Payment to or for the account of the Granters or Mortgagors of the full consideration for the estate or Interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (0) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B -SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making Inquiry of person In possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, confilcts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, Including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, Installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. 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 mortgages thereon covered by this Commitment. First American Title Insurance Company ., Forni WA-5 (6/76) Commitment 1. SCHEDULE B • SECTION 2 ( continued) SPECIAL EXCEPTIONS General Taxes for the year 2016. Tax Account No.: 082305-9216-01 Amount Billed: $ 71,897.72 Amount Paid: $ 35,948.86 Amount Due: $ 35,948.86 Assessed Land Value: $ 5,437,700.00 Assessed Improvement Value: $ 0.00 2. Easement, including terms and provisions contained therein: Recording Information: March 14, 1968, Recording No. 6317510 In Favor of: City of Renton, a municipal corporation File No.: NCS-346862-WAl Page No. 4 For: Right of way for roadway and related utility purposes Affects: Refer to said instrument for exact location 3. Easement, including terms and provisions contained therein: Recording Information: July 26, 1984, Recording No. 8407260401 In Favor of: City of Renton, a municipal corporation For: Maintenance, testing and Inspection of a fire main with the necessary appurtenances Affects: Refer to said instrument for the exact location on Parcel B 4. Easement, including terms and provisions contained therein: Recording Information: February 26, 1999, Recording No. 9902264178 In Favor of: Puget Sound Energy, Inc. For: Ingress, egress, gas and electric lines, utilities and maintenance Affects: A portion of Parcel B 5. Easement, including terms and provisions contained therein: Recording Information: February 1, 1999, Recording No. 9902019014 For: Affects: Ingress, egress and utilities Portion of Parcel B 6. Covenants, conditions, restrictions and/or easements: Recorded: February 26, 1999 Recording No.: 9902264177 7. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Short Plat recorded January 31, 2000 under Recording No. 20000131900006, in King County, Washington. 8. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 First American Title Insurance Company Form WA-5 (6/76) Commitment 9. This item has been intentionally deleted. File No.: NCS-346862-WAl Page No. 5 10. A document entitled "Pedestrian Walkway Easement Agreement", executed by and between Southport, LLC, a Washington limited liability company and City of Renton, a Washington municipal corporation recorded October 21, 2005, as Instrument No. 20051021000896 of Official Records. The terms and provisions contained in the document entitled "Supplemental Pedestrian Walkway Easement Agreement" recorded February 8, 2016 as Recording No. 20160208000458 of Official Records. 11. Easement, including terms and provisions contained therein: Recording Information: 20080630002054 In Favor of: City of Renton For: Drainage 12. Easement, including terms and provisions contained therein: Recording Information: 20080630002055 In Favor of: City of Renton For: Sanitary sewer 13. Easement, including terms and provisions contained therein: Recording Information: 20080630002056 In Favor of: City of Renton For: Water utility 14. The terms and provisions contained In the document entitled "Storm Drainage Easement Agreement" recorded February 7, 2013 as 20130207001325 of Official Records. 15. The terms and provisions contained in the document entitled "Access, Landscape and Utilities Easement Agreement" recorded February 7, 2013 as 20130207001327 of Official Records. 16. This item has been Intentionally deleted. 17. Any question as to the true location of the lateral boundaries of the Shorelands. 18. Right of the State of Washington in and to that portion, If any, of the property herein described which lies below the line of ordinary high water of Lake Washington. 19. This item has been Intentionally deleted. 20. Evidence of the authority of the lndividual(s) to execute the forthcoming document for Office at Southport LLC, a Washington limited liability company , copies of the current operating agreement should be submitted prior to closing. 21. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. First American ntfe Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-346862-WAI Page No. 6 22. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the City of Renton Southport Lot Line Adjustment No. LUA14- 001514 recorded under Recording No. 20141223900010, in King County, Washington. 23. Easement, including tenms and provisions contained therein: Recording Information: 20141231000755 In Favor of: Puget Sound Energy, Inc. For: Transmission, distribution and sale of gas and electricity 24. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Southport, LLC, a Washington limited liability company Grantee/Beneficiary: First Savings Bank Northwest Trustee: First Financial Diversified Corporation Amount: $5,000,000.00 Recorded: January 20, 2015 Recording Information: 20150120002145 A document recorded January 11, 2016 as Recording No. 20160111001224, of Official Records provides that the Deed of Trust/Mortgage or the obligation secured thereby has been modified. 25. The terms and provisions contained in the document entitled "Temporary Airspace Easement Agreement" recorded February 19, 2015 as 20150219000534 of Official Records. Rrst American Title Insurance Company Form WA-5 (6/76) Commibnent INFORMATIONAL NOTES File No.: NCS-346862-WA! Page No. 7 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result In rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It Is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below If necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be Insured. Lot B, LLA 14-001514, rec. 20141223900010 APN: 082305-9216-01 Property Address: 1101 Lake Washington Blvd North, Renton, WA 98056 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American 77tle Insurance Company Form WA-5 (6/76) Commitment 1 !,.MF.Jt1 ... " ' ., ~ .,.,.._ First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS-346862-WAl Page No. 8 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 acquires actual knowledge of a 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 or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure 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 and Stipulations. 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 the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA-5 (6/76) Commitment The First American corporation First American Title Insurance Company National Commercial Services PRIVACY POUCY We Are Committed to safeguarding Customer Information File No.: NCS-346862-WAl Page No. 9 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal Information. Applicability This Privacy Policy governs our use of the Information whktl you provide to us. It does not govern the manner In which we may use Information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of Its source. First American calls these guldellnes Its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of lnfonnation Dependlng upon which of our services you are utlllzlng, the types of nonpublic personal Information that we may collect lndude: • Information we receive from you on applications, forms and in other communications to us, whether in writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and· • Information we receive from a consumer reporting agency. Use of Infonnation We request Information from you for our own legitimate business pisposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonafflliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information Indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies Include finardal service providers, such as title Insurers, property and casualty Insurers, and trust and Investment advisory companies, or companies Involved In real estate services, suet, as appraisal companies, home warranty companies, and escro.v companies. Furthermore, we may also provide all the information we collect, as desaibed above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other flnandat Institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our OJStomer, our Privacy Polley will continue to apply to you. confidentiality and security We wlll use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal Information about you to those Individuals and entitles who need to know that information to provide products or services to you. We will use ors best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain phystcal, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal Information. c 2001 The Rrst American COl]lOration -All Rights Reserved Rrst American Title Insurance Company Form WA-5 (6/76) Commitment Face Page COMMITMENT FOR TITLE INSURANCE Issued by File No.: NCS-804030-WAl FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby 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 mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title Insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By- laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company Pr///~ O&nrns J GIimore- President Jettrey S Robinson Setretory First American Tltle Insurance Company Fonn WA-5 (6/76) Commitment File No.: NCS-804030-WAl Page No. 1 "{ ,',.MF. /,t I ~ = First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 -(800)526-7544 FAX (206)448-6348 Lavonne Bowman (206)615-3269 lavbowman@firstam.com llna Kotas (206)615-3053 tkotas@firstam.com To: Seco Development, Inc. 1083 Lake Washington Boulevard, Suite 50 File No.: NCS-804030-WAl Your Ref No.: 1083 Lake Washington Boulevard North Renton, WA 98056 Attn: Lisa Collins SCHEDULE A 1. Commitment Date: July 14, 2016 at 7:30 A.M. 2. Policy or Policies to be issued: 2006 Lender's Extended Proposed Insured: TBD $ AMOUNT PREMIUM TAX TBD $ TBD $ TBD 3. The estate or interest in the land described on Page 2 herein Is Fee Simple, and title thereto is at the effective date hereof vested In: The Bristol at Southport, LLC, a Washington limited liability company 4. The land referred to in this Commitment is described as follows: The land referred to In this report is described in Exhibit "A" attached hereto. Rrst American Title Insurance Company Form WA-5 (6/76) Commitment LEGAL DESCRIPTION: PARCEL A: EXHIBIT 'A' File No.: NCS-804030-WAI Page No. 2 LOT 2 OF CITY OF RENTON SHORT PLAT NO. LUA-99-134-SHPL, ACCORDING TO SHORT PLAT RECORDED JANUARY 31, 2000, UNDER RECORDING NO. 20000131900006, IN KING COUNTY, WASHINGTON. PARCEL B: EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN RECORDING NOS. 6201855, 6317510, 9902019014, 20000131900006 AND 20001117000535, IN KING COUNTY, WASHINGTON. First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-804030-WAl Page No. 3 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or Interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B • SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. 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 mortgages thereon covered by this Commitment. First American Title Insurance Company •• Form WA-5 (6/76) Commitment File No.: NCS-804030-WA! SCHEDULE B -SECTION 2 ( continued) SPECIAL EXCEPTIONS 1. General Taxes for the year 2016. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: $ $ $ $ $ 052305-9076-03 584,250.95 292,125.48 292,125.47 2,777,400.00 41,416,600.00 Page No. 4 2. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RON 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kingcounty.gov. 3. The terms and provisions contained in the spur track agreement recorded November 18, 1941 as Recording No. 3204562 of Official Records. (Affects Parcel B) 4. The terms and provisions contained in the railroad tracks agreement recorded December 2, 1943 as Recording No. 3352228 of Official Records. (Affects Parcel BJ 5. The terms and provisions contained in the trackage agreement recorded December 2, 1943 as Recording No. 3352229 of Official Records. (Affects Parcel B) 6. Easement, including terms and provisions contained therein: Recording Information: March 14, 1968 under Recording No. 6317510 In Favor of: City of Renton For: Roadway 7. Easement, including terms and provisions contained therein: Recording Information: July 26, 1984 under Recording No. 8407260401 In Favor of: City of Renton For: Fire main First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-804030-WAl Page No. 5 8. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA 98-176 : Recorded: February 1, 1999 Recording Information: 9902019014 9. Covenants, conditions, restrictions and/or easements: Recorded: February 26, 1999 Recording No.: 9902264177 10. Easement, including terms and provisions contained therein: Recording Information: February 26, 1999 under Recording No. 9902264178 In Favor of: Puget Sound Energy, Inc., a Washington Corporation For: utility systems for the purposes of transmission, distribution and sale of gas and electricity 11. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Short Plat recorded January 31, 2000 under Recording No. 20000131900006, in King County, Washington. 12. The terms and provisions contained In the document entitled "Declaration of Covenants, Conditions and Restrictions and Grant of Easements for Southport" recorded November 17, 2000 as Recording No. 20001117000535 of Official Records. 13. Easement, including terms and provisions contained therein: Recording Information: November 17, 2000 under Recording No. 20001117001232 In Favor of: City of Renton For: Public sidewalk 14. Easement, including terms and provisions contained therein: Recording Information: February 15, 2002 under Recording No. 20020215000114 In Favor of: TC! Cablevision of Washington, Inc. dba AT&T For: Broadband communications services 15. Easement, including terms and provisions contained therein: Recording Information: November 7, 2002 under Recording No. 20021107000669 In Favor of: Puget Sound Energy, Inc., a Washington Corporation For: Utility systems for the purposes of transmission, distribution and sale of gas and electricity 16. The terms and provisions contained in the document entitled "Pedestrian Walkway Easement Agreement" recorded October 21, 2005 as Recording No. 20051021000895 of Official Records. The terms and provisions contained in the document entitled "Supplemental Pedestrian Walkway Easement Agreement" recorded February 8, 2016 as Recording No. 20160208000458 of Official Records. First American Title Insurance Company •• Form WA-5 (6/76) Commitment 17. Easement, including terms and provisions contained therein: File No.: NCS-804030-WAI Page No. 6 Recording Information: June 30, 2008 under Recording No. 20080630002054 In Favor of: City of Renton For: Storm drainage lines and manholes 18. Easement, including terms and provisions contained therein: Recording Information: June 30, 2008 under Recording No. 20080630002055 In Favor of: City of Renton For: Sanitary sewer utilities and utility pipelines 19. The terms and provisions contained in the document entitled "Shared Use Agreement" recorded July 7, 2008 as Recording No. 20080707001037 of Official Records. 20. The terms and provisions contained in the document entitled "Easement Agreement" recorded August 28, 2009 as Recording No. 20090828001337 of Official Records. 21. A Line of Credit Deed of Trust to secure an original indebtedness of $27,650,000.00 recorded April 29, 2014 as Recording No. 20140429000812 of Official Records. Dated: April 29, 2014 Trustor: The Bristol at Southport, LLC, a Washington limited liability company Trustee: First American Title Insurance Company Beneficiary: The Variable Annuity Life Insurance Company, a Texas corporation and American Home Assuran Company, a New York corporation 22. The terms and provisions contained in the document entitled "Temporary Airspace Easement Agreement" recorded February 19, 2015 as Recording No. 20150219000534 of Official Records. Term: 30 months from start of construction 23. Any question that may arise due to the shifting and/or changing in the course of Lake Washington. 24. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of Lake Washington. 25. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 26. Evidence of the authority of the individual(s) to execute the forthcoming document for The Bristol at Southport, LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. 27. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be completed and submitted to the Company for approval prior to closing. The Company reserves the right to make any additional requirement as warranted. First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-804030-WAl Page No. 7 28. Matters of extended owner/purchaser coverage which are dependent upon an inspection and an ALTA survey of the property for determination of insurability. Please submit a copy of the AL TA Survey at your earliest convenience for review. Our inspection will be held pending our review of the ALTA Survey and the result of said Inspection will be furnished by supplemental report. 29. Unrecorded leaseholds, If any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. Rrst American Tltle Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-804030-WAI Page No. 8 ____________ IN_F~O_R_M_A_TI_O~N_A_L_N_O~T_E~S ___________ ] A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot 2, SP No. LUA-99-134-SHPL, Rec. 20000131900006 APN: 052305-9076-03 Property Address: 1083 Lake Washington Boulevard, North, Renton, WA 98056 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Form WA-5 (6/76) Commitment '( ?I. M f.: A' I ~ ~~· """ First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS-804030-WAl Page No. 9 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 acquires actual knowledge of a 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 or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure 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 and Stipulations. 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 the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. Rrst American Title Insurance Company - Form WA·S (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POUCY We Are Committed to Safeguarding Customer Information File No.: NCS·804030·WA1 Page No. 10 In order to better serve your needs now and in the future, we may ask you to provide us with certain Information. We understand that you may be concemed about what we will do with such information particular1y any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern OlB' use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and· • Information we receive frcm a consumer reporting agency. Use of Infonnation We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: {l) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such Information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as title Insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described alx>ve, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that Information to provide products or services to you. We wlll use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation -All Rights Reserved First American 77tle Insurance Company Form WA-5 (6/76) Commitment Face Page COMMITMENT FOR TITLE INSURANCE Issued by File No.: NCS-704559-WAI FIRST AMERICAN TITLE INSURANCE COMPANY First American Title Insurance Company, herein called the Company, for valuable consideration, hereby 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 mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the Issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By- laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Title Insurance Company »r/4'£ O~nnis J Gilmore- PresKJent Jeffrey S. Robrnson Secre;ory First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-704559-WAl Page No. 1 To: "( ,-M ~; A I .... ~~ ('.., ~ First American Title Insurance Company National Commercial Services 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 -(800)526-7544 FAX (206)448-6348 Jean Couch (206)615-3118 jcouch@firstam.com Seco Development, Inc. 1083 Lake Washington Boulevard, Suite 50 Renton, WA 98056 Attn: Lisa Collins FIFTH REPORT SCHEDULE A File No.: NCS-704559-WAl Your Ref No.: Hotel at Southport LOTl 1. Commitment Date: July 14, 2016 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX Standard Owners Coverage $To Be Determined $ To Be Determined $To Be Determined Easement Coverage $ To Be Determined $ To Be Determined Proposed Insured: To Be Determined 3. The estate or interest in the land described on Page 2 herein is Fee simple as to Parcel A an Easement as to Parcel B, and title thereto is at the effective date hereof vested in: Hotel at Southport LLC, a Washington limited liability company 4. The land referred to in this Commitment Is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. Rrst American 77tle Insurance Company . ' Form WA-5 (6/76) Commitment LEGAL DESCRIPTION: PARCEL A: EXHIBIT 'A' File No.: NCS-704559-WAI Page No. 2 LOT A OF CITY OF RENTON SOUTHPORT LOT LINE ADJUSTMENT NUMBER LUA 14-001514 ACCORDING TO THE LOT LINE ADJUSTMENT RECORDED DECEMBER 23, 2014 UNDER RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. PARCEL B: EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN INSTRUMENTS RECORDED FEBRUARY 1, 1999, JANUARY 31, 2000 AND NOVEMBER 17, 2000 UNDER RECORDING NOS. 6201855, 6317510, 9902019014, 20000131900006 AND 20001117000535, IN KING COUNTY, WASHINGTON. First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-704559-WAl Page No. 3 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be Insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B -SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be Issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. 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 mortgages thereon covered by this Commitment. Rrst American Tltle Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 2 (continued) SPECIAL EXCEPTIONS File No.: NCS-704559-WAl Page No. 4 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78%. Levy/Area Code: 2100 For all transactions recorded on or after July 1, 200S: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. Potential charges, for the King County Sewage Treatment capacity Charge, as authorized under RON 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment capacity Charges. To verify charges contact: (206) 296-1450 or capChargeEscrow@kingcounty.gov. 3. Covenants, conditions, restrictions and/or easements: Recorded: February 26, 1999 Recording No.: 9902264177 4. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Short Plat No. LUA -99 -134 -SHPL recorded January 31, 2000 under Recording No. 20000131900006, in King County, Washington. 5. Covenants, conditions, restrictions and/or easements: Recorded: November 17, 2000 Recording No.: 20001117000535 6. Easement, including terms and provisions contained therein: Recording Information: November 17, 2000 under Recording No. 20001117001232 In Favor of: City of Renton For: Public sidewalk Affects: as described therein. 7. Easement, including terms and provisions contained therein: Recording Information: October 21, 2005 under Recording No. 20051021000894 In Favor of: City of Renton For: Walkway Affects: as described therein 8. Easement, including terms and provisions contained therein: Recording Information: 20130207001325 In Favor of: Puget Sound Energy, Inc. First American Tltle Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-704559-WAl Page No. 5 9. 10. For: Storm Drainage Affects: as described therein. Easement, including terms and provisions contained therein: Recording Information: 20130207001327 In Favor of: Southport One, LLC, et a I For: Access, Landscape and Utilities Affects: as described therein. Deed of Trust and the terms and conditions thereof. Grantor(Trustor: Southport One, LLC and Hotel at Southport, LLC, a Washington Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: limited liability companies Southport Hotel Eb-5, LP, its successors and assigns, for itself and as Administrative Agent Seattle Family, LP $115,500,000.00 November 25, 2014 20141125001447 Said document contains an erroneous legal description. A document recorded November 25, 2014 as Recording No. 20141125001448 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. The Deed of Trust/Mortgage was partially reconveyed as to Lot B, City of Renton Southport Lot Line Adjustment Number LUA 14-001514, by instrument "Partial Reconveyance without Extinguishment of Debt", recorded January 12, 2015 as Recording No. 20150112001262 of Official Records. Affects: The land and other property. 11. Any question that may arise due to the shifting and/or changing in the course of Lake Washington. 12. Right of the State of Washington in and to that portion, if any, of the property herein desclibed which lies below the line of ordinary high water of Lake Washington. 13. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 14. Evidence of the authority of the individual(s) to execute the forthcoming document for Hotel at Southport LLC, a Washington limited liability company, copies of the current operating agreement should be submitted prior to closing. Arst American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-704559-WAI Page No. 6 15. Title to vest in an incoming owner whose name is not disclosed. Such name must be furnished to us so that a name search may be made. 16. This item has been intentionally deleted. 17. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 18. Easement, including terms and provisions contained therein: Recording Information: March 14, 1968, Recording No. 6317510 In Favor of: City of Renton, a municipal corporation For: Right of way for roadway and related utility purposes Affects: as described therein 19. Easement, including terms and provisions contained therein: Recording Information: February 26, 1999, Recording No. 9902264178 In Favor of: Puget Sound Energy, Inc. For: Ingress, egress, gas and electric lines, utilities and maintenance Affects: as described therein 20. Easement, including terms and provisions contained therein: Recording Information: February 1, 1999, Recording No. 9902019014 For: Ingress, egress and utilities Affects: as described therein 21. The terms, provisions and easement(s) contained in the document entitled "Pedestrian Walkway Easement Agreement'' recorded October 21, 2005 as 20051021000896 of Official Records. 22. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) LUA 14-001514 : Recorded: December 23, 2014 Recording Information: 20141223900010 23. This item has been intentionally deleted. 24. General Taxes for the year 2016. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: $ $ $ $ $ 052305-9075-04 70,255.78 35,127.89 35,127.89 5,313,500.00 0.00 First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-704559-WA! Page No. 7 25. This item has been intentionally deleted. 26. Easement, induding terms and provisions contained therein: Recording Info1Tnation: December 31, 2014 under Recording No. 20141231000755 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: transmission, distribution and sale of gas and electricity Affects: as described therein. 27. Easement, including te1Tns and provisions contained therein: Recording Info1Tnation: December 31, 2014 under Recording No. 20141231000756 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: transmission, distribution and sale of gas and electricity Affects: as described therein. 28. Easement, including terms and provisions contained therein: Recording Date: February 13, 2015 Recording Information: 20150213000089 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Transmission, distribution and sale of gas and electricity Affects: as described therein. 29. The terms, provisions and easement(s) contained in the document entitled ''Temporary Airspace Easement Agreement" recorded February 19, 2015 as Recording No. 20150219000534 of Official Records. 30. The terms and provisions contained in the document entitled "Agreement and Easement for Electric System" recorded February 04, 2016 as Recording No. 20160204001008 of Official Records. 31. Easement, including terms and provisions contained therein: Recording Date: February 04, 2016 Recording Information: 20160204001008 In Favor of: Puget Sound Energy, Inc., a Washington corporation For: Electric distribution system Affects: as described therein. 32. The terms, provisions and easement(s) contained in the document entitled "Supplemental Pedestrian Walkway Easement Agreement" recorded February 08, 2016 as Recording No. 20160208000458 of Official Records. First American 77tle Insurance Company Form WA-5 (6/76) Commitment INFORMATIONAL NOTES File No.: NCS-704559-WAl Page No. 8 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Lot A, City of Renton Southport LLA No. LUA 14-001514, Rec. 20141223900010 APN: 052305-9075-04 Property Address: 1053 Lake Washington Boulevard North, Renton, WA 98056 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B First American Title Insurance Company Form WA-5 (6/76) commitment 1 AMF. A I ~~ (' ' ~ ~ ,,.,..., First American Title Insurance Company National Commercial Setvices COMMITMENT Conditions and Stipulations File No.: NCS-704559-WAl Page No. 9 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 acquires actual knowledge of a 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 or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure 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 and Stipulations. 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 8, 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, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. First American Title Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Se,vices PRIVACY POUCY We Are Committed to Safeguarding Customer Information File No.: NCS-704559-WA! Page No. 10 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal Information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner In which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Rrst American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Infonnation Values, a copy of which can be found oo our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal infonnation that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies1 or others; and· • Information we receive from a consumer reporting agency. Use of Information We request infonnation from you for our own legitimate business purpcses and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as pennitted by law. We may, however, store sudl information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies indude financial service providers, such as title Insurers, property and casualty Insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrovv companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services oo our behalf, on behalf of our affiliated companies, or to other financial instib.rtions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that Information to provide products or seivices to you. We will use our best efforts to train and oversee our employees and agents to ensure that your Information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation ~ All Rights Reserved Rrst American Title Insurance Company DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ~------Renton 0 AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 I '!_-0_'-''·'-'E2. _to_~~ya f,'N ) ) ss ) STATE OF WASHINGTON COUNTY OF KING Greg Krape being first duly sworn on oath, deposes and says: 12th September 16 1 1. On the day of -------' 20_, I installed ___ public information sign(s) and plastic flyer box on the property located at 1083 Lake Washington Blvd N for the following project: Southport Shoreline Modifications Project Name SEGO Development Owner Name 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Information Signs Installation" .ba..ndout package . // .,,::;/?)'. - SUBSCRIBED AND SWORN to before me t'r5\ /</ daj ~f . Sc~eni/;ft' 2ojk__. "'''"\\\11\IJJ l 7C. 'd I 11·7 ' ,. .$-'" tlAGL.t. 11,, ----1-<--+.-c."-c· ... · . ......_. '-'-·..:.•_G __________ _ :~ <c~'N"'f';J:~&Ji.1',. NOT Y :PUB in and for the State of Washington, =..,.. $'~· ~ ~'"'-~ > (' i-' rf--zq_,,.-\ ::o-'£~ o1""" lo.~ ~ -./--'-'-----------------~ ~ •\ ~ -;; .., '8 . -!i z ., ~ ::;: -.,. ., ~ s (I Jo~ ~ \ •t1•"'~":J;:..:'; ~, IJI.'•,,,, , o "'!>' ,,..ff .P E ,~ ~ •,, ." ~...... ~ -'11 -..,~ ... ,\\\'"'''"' ~ .:::, 1'11 1 OF W p,.S ,..~ 11,,\\\\\\"'''" jf,',)2_ 17 My commission expires on __ . "--""--='-__;, ___ _ 7 RECEIVED H:\CEO\Oata\Forms-Templates\Self-Help Handouts\Planning\Pub Info Sign Handout.docx CITY OF RENTON PLANNING DIVISION