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Home My WebLink AboutReport 01PARTIES OF RECORD THUNDER HILLS CREEK MITIGATION Bonnie Lindner Permit Lead HDR Engineering, Inc. 500 108th Avenue NE ste: # 1200 Bellevue, WA 98004 tel; (425) 450-6239 eml: bonnie.lindner@hdrinc.com (contact) Bill C. An CSA, LLC PO Box 1941 Auburn, WA 98071 tel: (206) 229-6179 (party of record) LUA12-002, CAR, V -H Denise Cieri Deputy Project Director, Eastside Corridor I-405 Corridor Project Office WSDOT 600 108th Avenue NE ste: #405 Bellevue, WA 98004 tel: (425) 456-8509 (applicant) Diane Jackson 2419 Talbot Crest Drive S Renton, WA 98055 (party of record) Ryan Kline 409 S 36th Street Renton, WA 98055 tel: (206) 462-0537 (party of record) Updated: 03/08/12 (Page 1 of 1) W LM Z fn N M d1 T W U) \ v emH LFR?;" o / - 61 1 5 * ItlL•III 11 \ Sr 1 r 1 - I� C r r Q II �o to a� Gmo o w, al o g I� OOH W � M1 M1 IznNQN 0 Q I LL a W U) z LUM1 IzZ�z I M0 mmtn�K � J - L 1 R 0 7 �n�Q3 3 I ' onr?S rL' O Mary zzlw�o G O WWim-jX l ��• r hlI- T ------~^i _ _ � W I I !L ; 13 H W W a N V f N W O LL 1T �L` '�I 'r'' ,•� 10 / � N 5~ a K I Al, kk Sls+ Si Q w� / 111 M1 5w <3tn 5r r5 8LII 511 — ��12 r' //�� Zcoo N r + jo � lu- - L 1 IM M1 J Ll. d �p W 3 I ' onr?S rL' O zzlw�o O WWim-jX r hlI- T ------~^i u 4 � s � W I I !L ; 13 H W W a N l'1 � 1 I: .� C I II ✓ �. 11�:� I ' IIIiMi IIIIII I i 1 9 L M35 3+1-A asi Myaaln1d 1 I ' rL' O O � u 4 � s � W H W W N M35 3+1-A asi Myaaln1d G W H as o 0 ow�p .sa �`ti 8 -r p ICI = m 'pY it ati woil o pp UY 1 _.AI 1 I i G C� ap u 00 j�j2� i LU ~ i at QW I,, r H ••-• , an r�90rctQ�Is f rc w opo 4 W 7a JZw pYfp]��N�q z SIN J 3 s T 55a O� pp pp pp al0�z� Oct iI� zz�z r= N m M' l J IS¢¢ < s a rc ra i G W H as o 0 ow�p .sa _ r 8 -r p w = m 'pY it ati woil o / U � = ] Z q YU w w pg� rc i G C� ap u 00 j�j2� i LU ~ i at QW I,, r H ••-• , an r�90rctQ�Is f rc w opo 4 W 7a JZw pYfp]��N�q z SIN J 3 s T 55a O� pp pp pp al0�z� Oct iI� zz�z r= u�iu�i'��9 m M' l J IS¢¢ < s a rc G W H as o 0 ow�p .sa _ r 8 -r p w = m 'pY woil T / U � = ] Z q YU w w pg� rc i G C� ap u g 'u5 W W µ j�j2� i 3wgc rc an r�90rctQ�Is f rc w opo 4 W 7a JZw pYfp]��N�q "T�'o 3 s T 55a O� pp pp pp > --- Oct rcn [> � MCIno s S i2L Z zzp�c�'�aoSobu�'o�o 3 S I A IS¢¢ < s a rc i G W H as o 0 ow�p .sa _ r V g p GppC = m 'pY o� w6a0UU Zu[q� �o T / U � = ] Z q YU w w pg� rc i G C� ap u g 'u5 W W µ j�j2� i 3wgc rc G W H as o 0 ow�p .sa _ r V g p GppC = m 'pY o� w6a0UU Zu[q� �o (O�yy ae i p 2 2 2 7 p F p� ��77 e� p� ((�� pW tlOtl ��yy gym�/j ��y = 2 2 2 2 2 2 2 1, 1. 2 1, F F F F F F F Fg y s a p O R f S ,p iW = ] Z q YU w w pg� rc rCWozpVOF� G C� ap u g 'u5 W W µ j�j2� i 3wgc rc an r�90rctQ�Is f rc w opo 4 W 7a JZw pYfp]��N�q 3 s T 55a O� pp pp pp PON 0 rcn [> � MCIno s S i2L Z zzp�c�'�aoSobu�'o�o 3 S I A IS¢¢ < s a rc vs voi I d5 ,41^on —!A; !-Ij J z O I d N i n a z x C m 7 W H a $ j LL m a i o 'm 'm o ar 3wW a J pp _ 1� r 1 .n zn 2ia i ZF ZF iF ZF i= F 2 F S 3F FQ w m n n q gg n z z i W 7 is s n W It 0 M z W 00 I o a y 11 iJ w 16 Lu O z'Act LL IL LU f RZ ,'° �� 1 g 0 O J� i, r y� j .o i LL ca a •.,, m -. zz� Fa 9'� ep!�' # � ,'� + • c, - � 'C- " i'!j C)�'`. , - w _ 7J '� W _ �� 6R �ypl,(a� c LF LM ZI ZJli�, ouo N I N :, C'i=m I�Pl f __ 3_ _ W i`J ��•.'�`�'�� f f -..1 -�} �I� rel' � I r✓a/ z bii LLSyo �zm u�ax c z F = N O oo LL `� izz w 3 y�Ym3 m w WFC W<al p a Om��OZ 4 w ZZp J 6 m �Ho a W p ¢SC1j pO v2 w z ii a a� Dao L0-,swo o 6�Jma 52e) t "o Wm? wlLu %JC?9>--'yopy Z.W=O�N p p N w iy70nw❑ w N zZLL 4)ZO�O OW�p2 2� i Fp u'U�ZOZ a6.W;g ra��ap02VU�� m-tjW Via �?z PFws oN�� v�i$U`�vaiZ°7C a��pczi�2Q�ialr �io°��iwi goa Wgj`'w�t= 0 OwzOw�vzd i a u o a3 Fv oma= u�ur"y�y�_-z5m-m a ❑�5 Sz i s a a i vi=�GQv~i W6s mpp�6sm1iy11 aal1pWy �zrx�aC pA�Sy� YUa1 Zom jb�Olpi VlRFi GHNVlQN�N Fd��UZPZWaLCm GLL ffR w[I & d5 ZyO-A F � �= do o oa?�o' z a W n= 'I uu vt u W F m W � w x HE V (y MR ,I, � Il�•4 d - V 3 u � �^ s � o � F O '�awr z b I - - VY # V. r s• ',iS ''�' wn -' ,;30 t� / 1 U Ilio IZ S,=x' rh �b� li z o w .sem^p. = a 7 if e �v In 99 i �r w 1 _ z {i I r f7 a U a W iI l: i ; �� i End a I I v yew Z 'Ii S 4�? ~ II w -.w z f l t t44 s age in s LU �g ✓ °' a I � � � d Iga AJ 11 o " !I!I ol$S$$$$$$$�g W r f ' mi � f! 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Eae-, 1 inch r- 50 fret uniity Comaor Thunder HrYs Creek 691pafeon liah F3amer Refrahl CU(y6K 85 1168 4178 1180 41&1 t. 15 4121 4120 411a, 4122 t13 14 4095 l096 �4604 1503 22 r�r :elo�btlfed Creek I1� L �t4 of Rrop-ed Chea -g aM Erwi,g CuIwi Tree Inventory Plan Right M War(ROIA6 ilea et I ... t a cell 4 50 IN r.. rygy, Eaaemenf I F inch = 50 fee[ unaey comaa� J� _Y;: December 12, 2011 Renton City Council Minutes Page 382 move it to menton. Mr. Meeks explained that the types of repairs he conducts would not allow him to meet the proposed 72 -hour parking time limit because he sometimes has to wait several months for vehicle parts to arrive. He urged Council to make sure the legislation that is adopted is fair and just for all persons involved, including future small business owners. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. Council: Meeting Minutes of Approval of Council meeting minutes of 12/5/2011. Council concur. 12/5/2011 City Clerk: 2011 General City Clerk reported the 2011 General Election results from King County Election Results Elections, as follows: Mayor Position - Denis Law (13,748 - elected); Council Position No. 3 - Marcie Palmer (13,205 - elected); Council Position No. 4 - Greg Taylor (11,149 - elected), Sarah Sanoy-Wright (4,424); Council Position No. 5 - Ed Prince (8,335 - elected), Robin H. Jones (7,552); Council position No. 7 - Don Persson (10,238 - elected), Phyllis Forister (5,635). Information. CED: 2012 State Legislative Community and Economic Development Department recommended approval Agenda & Statement of Policy of the 2012 State Legislative Agenda and Statement of Policy Positions, Positions including transportation solutions, fiscal stability, economic development/infrastructure funding, public safety and strengthening the aerospace industry, which serve as guidance for City staff during the State legislative session. Council concur. CED: Glennwood Townhomes Community and Economic Development Department recommended approval Fee Waiver Request, Renton to waive all development and mitigation fees for the Renton Housing Housing Authority Authority's Glennwood Townhomes, an 8 -unit four-bedroom affordable housing development project in the Sunset Area, and requested approval to record the related affordable housing set aside restrictive covenant. Refer to Planning and Development Committee. CED: Renton Avenue Business Community and Economic Development Department recommended approval District Improvements, King of a second interagency agreement in the amount of $727,000 with King County County for the Renton Avenue Business District Improvements project in the West Hill/Skyway area, funded by State and Federal grants. Council concur. Transportation: S Lake Transportation Systems Division recommended approval of a Fuel Tax Washington Roadway & Distribution Agreement to accept $1,755,500 from the Washington State Intersection Improvements, Transportation Improvement Board (requiring 20% local match) for the S. Lake TIB Grant Washington Roadway and Intersection Improvements project. Council concur. Utility: Thunder Hills Creek Drainage Easements, WSDOT Utility Systems Division requested approval to waive the reimbursement value and grant two drainage easements to the Washington State Department of Transportation for the right to construct, operate, monitor, and maintain habitat improvements as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit project, as required mitigation for the impacts associated with the replacement of the failed Thunder Hills Creek culvert under 1-405. Council concur. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CITY OF RENTON COUNCI AGENDA BILL Subject/Title: Thunder Hills Creek Mitigation Fish Barrier Retrofit Project — Drainage Easements Meeting: Regular Council -- 12 Dec 2011 Exhibits: Submitting Data: Dept/Div/Board: Issue Paper Public Works Drainage Easement for Tax Parcel No. 302305- 9026-03 Drainage Easement for Tax Parcel No. 302305- 9002-01 Staff Contact: Exhibit A - Channel Relocation Ron Straka (ext. 7248), Allen Quynn (ext. 7247) Exhibit B — Culvert Passage with Fish Passable Culvert Vicinity Map Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: The Surface Water Utility is requesting the Council authorize the Mayor and City Clerk to sign two drainage easements, granting the Washington State Department of Transportation (WSDOT) the right to construct, operate, monitor, and maintain drainage facilities as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit Project. These drainage facilities are habitat improvements identified by WSDOT and the Muckleshoot Indian Tribe (MIT) as required mitigation for impacts associated with the replacement of the failed Thunder Hills Creek culvert under 1-40S in December 2007. The failed culvert resulted in slope instability and the development of a sink hole, endangering the 1-405 southbound mainline just east of City Hall and Benson Road South. As a condition of the permit issued by the US Army Corps of Engineers to repair the failed culvert, WSDOT is required to provide fish habitat comparable to what was existing prior to the construction of the Thunder Hills Creek culvert. Since it was determined that the replaced culvert could not be made fish passable, WSDOT and MIT identified equivalent mitigation in the Panther Creek Wetlands east of SR -167. WSDOT's proposed mitigation improvements include the relocation of a channel section of Panther Creek along the east side of SR - 167 and the replacement of an existing 72 -inch culvert with a fish passable culvert across SR -167. WSDOT anticipates advertising for bids on February 27, 2012 with construction occurring during summer. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign two drainage easements granting WSDOT the right to construct, operate, monitor, and maintain habitat improvements as part of the Thunder Hills Creek PUBLIC M E M a R A N D U M DATE: December 2, 2011 T0: Terri Briere, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn, Surface Water Utility Engineer (ext. 7247) SUBJECT: Thunder Hills Creek Mitigation Fish Barrier Retrofit Project — Drainage Easements Should the Council authorize the Mayor to sign two drainage easements granting the Washington State Department of Transportation (WSDOT) the right to construct, operate, monitor, and maintain habitat improvements as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit Project? RECOMMENDATION: Authorize the Mayor to sign two drainage easements granting WSDOT the right to construct, operate, monitor, and maintain habitat improvements as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit Project and waive reimbursement for the easement area values --mmC1118111abal In early December 2007, the 48 -inch WSDOT culvert which conveys Thunder Hills Creek under 1-405, collapsed due to a significant rainfall event. The culvert collapse resulted in slope failure and the formation of a large sinkhole along the southbound shoulder of 1-405 in the vicinity of the 48 -inch cross culvert. The location of the sinkhole threatened the 1-405 southbound mainline and the culvert failure prevented Thunder Hills Creek upstream of 1-405 from being safely conveyed under 1-405. WSDOT installed an emergency bypass system to route Thunder Hills Creek around the failed culvert and in late 2008, the failed culvert was replaced with a new 48 -inch culvert. As a condition of the US Army Corps of Engineers permit issued for the replaced culvert, WSDOT, with the approval of the Muckleshoot Indian Tribe (MIT), was required to provide fish habitat similar to that blocked by the existing 1-405 Thunder Hills Creek culvert within 3 years of Terri Briere, Council Pres+dent December Z, 2011 Page 7 of 3 the issuance of the permit. WSDOT and the MIT determined that it was not feasible to make the replaced culvert fish passable and instead identified alternate locations in the 1-405 Renton Nickel project area that drains to the Springbrook Creek subbasin, as required by the permit. WSDOT and the MIT identified two mitigation locations in the Panther Creek wetlands, east of SR -167, where fish habitat could be created that would be equivalent to that lost by the Thunder Hills Creek culvert. Both easements are located on City owned property that was purchased by the Surface Water Utility as part of the Panther Creek Wetland Acquisition program that was initiated in the late 80s and early 90s. One easement is located at the southerly end of the wetlands and just north of the Valley Medical Center where Panther Creek enters the Panther Creek wetlands. This improvement involves plugging two culverts across SR -167 and relocating and enhancing 700 feet of existing channel along the east side of SR -167. Panther Creek would no longer cross SR -167 and enter the East Valley Road storm system through an open ditch, but would be diverted into the new channel where it will flow north through the Panther Creek wetlands. The other easement is located approximately one mile north in the vicinity of the SW 23rd Street drainage channel. At this location, WSDOT proposes to construct a fish passable culvert to replace an existing fish ladder and culvert that conveys Panther Creek across SR -167. This crossing will convey the diverted Panther Creek flows from the new channel proposed above. While much of this mitigation will be constructed within WSDOT owned property, two drainage easements are required from the City of Renton for WSDOT to construct portions of the proposed improvements that extend outside of the existing SR -167 right-of-way to the east and into the two undeveloped City owned properties within the Panther Creek wetlands. For the improvements just north of Valley Medical Center, WSDOT requires a 65,088 -square foot easement to construct, operate, monitor, and maintain the 700 -foot relocated channel of Panther Creek. For the improvements near the SW 23rd Street Drainage Channel, a 13,148 -square foot easement is required for the removal of the existing fish ladder and to construct, operate, monitor, and maintain the proposed fish passable culvert. These improvements will be constructed in and adjacent to the environmentally sensitive Panther Creek and Panther Creek wetlands and have been designed to minimize or avoid impacts to these sensitive areas when future phases of the 1-405 Master Plan are implemented. WSDOT has offered the City a total of $22,900 as compensation for granting these easements - However, because of the flood hazard reduction and fish habitat benefits this project provides to the City, it is the Surface Water Utility's recommendation that these easements be granted to WSDOT without compensation. This mitigation project addresses several of the elements identified in the City's East Side Green River Watershed Project. In 1998, the Surface Water Utility completed the East Side Green River Watershed Plan, which was a comprehensive study to develop flood hazard reduction and habitat improvements within the Renton valley portion of the Springbrook Creek Basin. The plan specifically identified plugging the culverts across SR -167 and the construction of a new channel to divert Panther Creek to the north to address existing flooding problems on the west side of SR -167 including chronic flooding near the Clarion Hotel and along East Valley Road. The plan also included replacement of the culvert H:\File Sys\SWP -Surface Water Projects\SWP 27-Trarnsporation Projects (TIP)\SWP 27-354314-05 Thunder Hills Culvert Repair Mitigation Praject\Agenda Bill PrDcess\Easement fssue Paper.doc 1AQtp Terri Briere, Council President December 2, 2011 Page 3 of 3 crossing at SW 23rd Street with a fish passable culvert to aid salmon as they migrate between the wetlands and Springbrook Creek. The Thunder Hills Creek Mitigation Fish Barrier Retrofit Project will be constructing improvements that reduce flooding along the west side of SR -167 and improve salmon habitat in the Panther Creek wetlands. WSDOT is constructing improvements that the Surface Water Utility had previously identified as being needed to reduce flooding problems and improve habitat which is beneficial to the City. Therefore, it is recommended that WSDOT not be required to reimburse the City for the appraised value of the easement. WSDOT anticipates advertising for bids on February 27, 2012 with construction occur during summer 2012. CONCLUSION: Authorize the Mayor to sign two drainage easements granting the Washington State Department of Transportation (WSDOT) the right to construct, operate, monitor, and maintain habitat improvements as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit Project and waive reimbursement for the easement area values. cc: Lys Hornsby, Utility Systems Director File Hc�File Sys\SWP - Surface Water Projects\SWP 27-Transporation Projects (TIP)\SWP 27-3543 1405 Thunder Hills Culvert Repair Mitigation Projed\Agenda Bill Process\Easement Issue Paper.doc \,4Qtp After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 Document Title: Easement Reference Number of Related Document: NIA Grantor: City of Renton Grantee: State of Washington, Department of Transportation Legal Description; Ptn of the SW'/ of the SE114 of Section 30, Township 23 North, Range 5 East, WM., King County Additional Legal Deseription is on Pages 4 and 5 of Document. Assessor's Tax Parcel Number: Ptn 302305-9026-03 EASEMENT State Route 167, S- 55th St, Vic. to SR 405 Vic. The Grantor, CITY OF RENTON, a Washington municipal corporation, for and in consideration of a DONATION, hereby conveys and grants unto the State of Washington, acting by and through its Department of Transportation, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, an easement over, under, upon and across the hereinafter described lands for the purpose of constructing, operating, monitoring and maintaining a drainage facility as shown on the State's approved construction plans Job No. IQA006, and any associated future modifications. Said lands being situated in King County, in the State of Washington, and described as follows: For legal description and additional conditions, see Exhibit A attached hereto and made a part hereof. FANo. F-167 ( ) RES -324 Project No. U40502F Revised 46110 Page 1 of 5 pages Parcel No. 1-23254 EASEMENT The City of Renton's donation of Parcel No. 1-23254 to the State of Washington is made voluntarily and with full knowledge of its entitlement to receive just compensation therefore. The City of Renton hereby waives the State of Washington from obtaining an appraisal of the acquired property. The State shall, upon completion of construction of said project described herein, remove all debris and restore the surface of the property as nearly as possible to the condition immediately prior to the State's entry thereon, excepting any modifications or improvements made as part of the construction project_ It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Dated , 2012 CITY OF RENTON, a Washington municipal corporation DENIS LAW, Mayor Accepted and Approved STATE OF WASHINGTON, Department of Transportation UN John L. Jensen, Northwest Region Real Estate Services Manager, Authorized Agent Date: RES -324 Page 2 of 5 pages Parcel No, 1-23254 EASEMENT STATE OF WASHINGTON ss. County of King ) On this day of , 2612, before me personally appeared DENIS LAW, to me known to be the Mayor of the City of Renton, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said city, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my band and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block- RES-324 lock RES-324 Page 3 of 5 pages Parcel No. 1-23254 EASEMENT EXHIBIT A A drainage easement over that portion of the hereinafter described PARCEL "A", described as follows: Beginning at the point of intersection of the southerly line of said PARCEL "A" and the easterly right of way margin of SR 167, said point being 120 feet easterly as measured on a perpendicular from Highway Engineer's Station (hereinafter referred to as HES) 918+55=b on the SR 167 line survey of State Route 167 as depicted on Sheet 9 of 14 Sheets on the Washington State Department of Transportation SR 167, S. 55th St. Vic. to SR 405 Vic. Right of Way and Limited Access Plan, Approved and Adopted July 8, 2005, revised February 11, 2010, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly on said southerly boundary to a point opposite HES 918+733= as measured on a perpendicular from said line survey to the intersection with a line 220 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with a lute perpendicular to said line survey and passing through HES 925+15; thence westerly 100 feet along said perpendicular line to a point on said easterly margin; thence southerly along said easterly margin to the point of beginning. Containing an area of 65,088 square feet, more or less. PARCEL "A" That portion of the southwest quarter of the southeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, described as follows: Beginning at a point on the north and south center Line of said section 250 feet north of the south quarter corner; thence North 89°06'03" East along the north line of a tract conveyed to Ivan G. Unbcdacht and Phyllis Unbedacht, his wife, by deed recorded under Recorder's No. 4696849, a distance of 950 feet to the True Point of Beginning; thence north parallel with said center line 421.49 feet, more or less, to the northwesterly production of the southerly line of Mance Addition according to the plat recorded in Volume 68 of Plats, page 21, in King County, Washington; thence easterly along said production to the southwest corner of Lot 1 in said addition; thence northerly, easterly RES -324 Page 4 of 5 pages Parcel No. 1-23254 EASEMENT EXHIBIT A (continued) and northeasterly along the westerly boundaries of said addition to the north line of said southwest quarter of the southeast quarter; thence westerly along said north line to the easterly line of Primary State Highway No. 5, as condemned in King County Superior Court Cause No. 582233; thence southerly along said easterly line to the north line of said Unbedacht tract; thence North 89°06'03" East 435 feet, more or less, to the True Point of Beginning. SUBJECT TO Easement recorded under Auditor's File No. 5561572. SUBJECT TO a. prescriptive easement over the existing King County Wastewater Treatment Division sewer tine. Grantrn's Initials R$5-324 Page 5 of 5 pages Parcel No. 1-23254 After recording return document to: State of Washington Department of Transportation Real Estate Services Office P 0 Box 47338 Olympia WA 98504-7338 Document Title: Easement Reference Number of Related Doeument.� NIA Grantor: City of Renton Grantee: State of Washington, Department of Transportation Legal Description: Ptn of the N% of the NE'/, of Section 30, Township 23 North, Range 5 East, WNL, King County Additional Legal Description is do Page 4 of Document. Assessor's Tax Parcel Number: Pin 302305-9002-01 EASEMENT State Route 167, S. 55th St. Vic, to SR 405 Vic. The Grantor, CITY OF RENTON, a Washington municipal corporation, for and in consideration of a DONATION, hereby conveys and grants unto the State of Washington, acting by and through its Department of Transportation, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, an easement over, under, upon and across the hereinafter described lands for the purpose of constructing, operating, monitoring and maintaining a drainage facility as shown on the State's approved construction pians Job No. 10A006, and any associated future modifications. Said lands being situated in King County, in the State of Washington, and described as follows: For legal description and additional conditions, see Exhibit A attached hereto and made a part hereof. FA No. F-167 ( ) RES -324 Project No. U40502F Revised 05/10 Page 1 of 4 pages Pareel No. 1-23252 EASEMENT The City of Renton's donation of Parcel No, 1-23252 to the State of Washington is made voluntarily and with full knowledge of its entitlement to receive just compensation therefore. The City of Renton hereby waives the State of Washington from obtaining an appraisal of the acquired property. The State shall, upon completion of construction of said project described herein, remove all debris and restore the surface of the property as nearly as possible to the condition immediately prior to the State's entry thereon, excepting any modifications or improvements made as part of the construction project. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Dated , 2612 CITY OF RENTON, a Washington municipal corporation IN DENTS LAW, Mayor Accepted and Approved STATE OF WASHINGTON, Department of Transportation John L. Jensen, Northwest Region. Real Estate Services Manager, Authorized Agent Date: RES -324 .Page 2 of 4 pages Parcel No. 1-23252 EASEMENT STATE OF WASHINGTON ss. County of King On this day of _ . 2012, before me personally appeared DENIS LAW, to me known to be the Mayor of the City of Renton, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. RES -324 Page 3 of pages Parcel No. 1-23252 EASEMENT EXHIBIT A A drainage easement over that portion of the hereinafter described PARCEL "A", described as follows: Beginning at a point on the easterly right of way margin of SR 167, said point being 120 feet easterly, as measured on a perpendicular from Highway Engineers Station (hereinafter referred to as HES) 967+35 on the SR 167 line survey of State Route 167 as depicted on Sheet 13 of 14 Sheets on the Washington State Department of Transportation SR 167, S. 55th St. 'Vic, to SR 405 Vic., Right of Way and Limited Access Plan, Approved and Adopted July 8, 2005, revised February 11, 2010, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly 105 feet along said perpendicular to the intersection with a line 225 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with a line perpendicular to said line survey and passing through HES 968+51.43; thence westerly to the intersection of said easterly margin and a line perpendicular to said line survey and passing through. HES 968+69.01; thence southerly along said easterly margin to the point of beginning. Containing an area of 13, 148 square fcct more or less. PARCEL "A° That portion of the north half of the northeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, lying easterly of the east margin of Primary State Highway No. 5 and westerly of a line drawn parallel and 340 feet easterly, measured at right angles, from the easterly margin of Primary State Highway No, 5. SUBJECT TO Easements recorded under Auditor's File Nos. 5868417, 7310260491 and 9408051268, Grantors Initials RES -324 Page 4 of 4 pages Parcel No. 1-23252 s _ fill I I, Z p r E RLz sh I I 7 i` fi■ I 3- �� MC • I � � z S' • ` F 4 4 4 - ■ Jy t7 W I + IL _ iA_�_- •- s - z - _ _ — � E a IT Oh ij II g � I I I � f e• o ! 1, _ a�� W r p4$ LLI r �!5 I I ! N I 1L y a / N j I �, I •jai ''` �� I � vo r S I i x aI z _ I 1f Ir u I:! I7 fi rl '1 I ,r I 1 I i s 10111 ■ - .esasssass Ila '11—A "!K4—! -Id C4 I I 1 T 4 I I �I VI T cs Z IL �F ONto ogz -a I Dr _ op op- Vr _ 4 2E 'I a gg a � I - I iiQ II 50+1 i i I � cW a C4 I I 1 T 4 I I �I VI T cs Z IL �F ONto ogz -a I Dr _ op op- Vr _ 4 eCe �wa�j u I Fl d$7 =31 noA ac;Mi�fc�� 2E I qF— eCe �wa�j u I Fl d$7 =31 noA ac;Mi�fc�� L`�►.- [M Limps of Proposed Cleamg and Cxuffiing � Open Ciannd Vicinity Map � Psrcm — Piped g 500 1.000 Feel ..:;;: Weiland 6ds4ng Culvert Thunder NWsCrwk)Aipwimn: AshaarderRalfW( Allen Qu nn From: Mark Barber Sent: Monday, July 16, 2012 4:13 PM To: Allen Quynn Cc: Lys L. Hornsby; Ronald Straka; Teresa Phelan; Stephanie Rary Subject: Thunder Hills Creek Fish Barrier Retrofit Project --Revised Easements Hello Allen, I have reviewed the two revised Conservation Easements for Thunder Hills (South and North) you sent to me, and approve the same as to legal form. If you have any questions or concerns, please let me know. Mark Barber Senior Assistant City Attorney Renton City Attorney 100 S 2"d St P.O. Box 626 Renton, WA 98057-0626 Direct Line: 425-430-6485 E-mail: mbarber@rentonwa.gov WARNING; This electronic message is an attorney-client communication. The information in this electronic document is privileged and/or confidential and is only for the use of the intended recipient. Recipients are instructed not to forward, copy or distribute this electronic communication and its attachments without the prior written approval or consent of the sender. If the reader of this e-mail is not an intended recipient, you are hereby notified that any forwarding, dissemination, distribution, printing or copying of this electronic communication and the information in this electronic communication is expressly and strictly prohibited. if you receive this electronic communication in error, please immediately notify the sender and permanently delete this communication from your system, network and/or computer. Be advised the City of Renton is required to comply with the Public Disclosure Act in RCW Chapter 42.56. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City of Renton by email, including personal information, may ultimately be subject to disclosure as a public record upon request. PUBLIC WORKS DEPARTMENT ctr°' M E M O R A N D U M DATE: July 24, 2012 CITY OF RENTON TO: Denis Law, Mayor �� JUL 2 5 2012 FROM: Gregg Zimmerman, Administrator �f1 11� RECEIVED STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor, x7248 CITY CLERK'S OFFICE Allen Quynn, Surface Water Utility Engineer, x7247 SUBJECT: Thunder Hills Creek Mitigation Fish Barrier Retrofit Project — Conservation Easements Please sign the two attached conservation easements granting the Washington State Department of Transportation (WSDOT) the right to preserve, protect, construct, operate, monitor, and maintain stream flow and perform stream mitigation improvements as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit project. In January 2012 you signed two drainage easements that were recorded by King County, granting WSDOT the right to construct, operate, monitor and maintain drainage facilities as part of the Thunder Hills Creek Mitigation Fish Barrier Retrofit project. The City Council authorized the Mayor and City Clerk to sign the two drainage easements on December 12, 2011. However, under one of the special conditions of the US Army Corps of Engineers permit for the project, the easements need to be modified to be conservation easements to ensure the integrity of drainage improvements (culvert replacement and stream restoration) is maintained and the area is not developed. To comply with this requirement, WSDOT has prepared revised easements that will supersede and replace the two recorded drainage easements. The Thunder Hills Creek Mitigation Fish Barrier Retrofit project is being constructed by WSDOT as mitigation for the replacement of the 48 -inch culvert that collapsed under the southbound shoulder of 1-405 during a significant rain event in 2007. The culvert collapse resulted in slope failure and the formation of a large sinkhole along the southbound shoulder of 1-405 in the vicinity of the 48 -inch cross culvert. The location of the sinkhole threatened the 1-405 southbound mainline and the culvert failure prevented Thunder Hills Creek upstream of 1-405 from being safely conveyed under 1-405. WSDOT installed an emergency bypass system to route Thunder Hills Creek around the failed culvert and in late 2008, the failed culvert was replaced with anew 48 -inch culvert. Asa condition of the US Army Corps of Engineers permit issued for the replaced culvert, WSDOT was required to provide mitigation by replacing an existing culvert with a fish passable culvert Denis Law, Mayor July 24, 2012 Page 2of2 across SR -167 and relocating and enhancing a portion of an existing channel of Panther Creek near Valley Medical Center. The conservation easements will allow WSDOT to preserve, protect, construct, operate and maintain these two mitigation facilities. WSDOT is scheduled to begin construction of the project this month and the weekend closure of SR -167 is scheduled to start on August 10, 2012. cc Lys Hornsby, Utility Systems Director File H:\File Sys\SWP - Surface Water Projects\SWP 27-Tran5poration Projects (TIP)\SWP 27-3543 1-405 Thunder Hills Culvert Repair Mitigation Project\Easements\Revised Easements\Memo to Mayor.doc\AQtp After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 Document Title: Conservation Easement Reference Number of Related Document: N/A Grantor: City of Renton Grantee: State of Washington, Department of Transportation Legal Description: Ptn of the SW%4 of the SE% of Section 30, Township 23 North, Range 5 East, W.M., King County Additional Legal Description is on Pages 4 and 5 of Document. Assessor's Tax Parcel Number: Ptn 302305-9026-03 CONSERVATION EASEMENT State Route 167, S. 55th St. Vic. to SR 405 Vic. The Grantor, CITY OF RENTON, a Washington municipal corporation, for and in consideration of a DONATION, hereby conveys and grants unto the State of Washington, acting by and through its Department of Transportation, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, an easement over, under, upon and across the hereinafter described lands for the purpose of preserving, protecting and maintaining the conservation values of the site, which includes but is not limited to, constructing, monitoring, and maintaining a stream flow, and performing stream mitigation, all as shown on the State's approved construction plans Job No. 1lA023, and any associated future modifications. The Grantor hereby acknowledges that the easement area shall be retained in a wetland condition. Said lands being situated in King County, in the State of Washington, and described as follows: For legal description and additional conditions, see Exhibit A, and as depicted on Exhibit B, both attached hereto and made a part hereof. FA No. F-167 ( ) RES -324 Project No. U40502F Revised 06/10 Page I of pages Parcel No. 1-23254 CONSERVATION EASEMENT The City of Renton's donation of Parcel No. 1-23254 to the State of Washington is made voluntarily and with full knowledge of its entitlement to receive just compensation therefore. The City of Renton hereby waives the State of Washington from obtaining an appraisal of the acquired property. The State shall, upon completion of construction of said project described herein, remove all debris and restore the surface of the property as nearly as possible to the condition immediately prior to the State's entry thereon, excepting any modifications or improvements made as part of the construction project. This document supersedes and replaces that document recorded under King County Auditor's File No. 20120131002538. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Dated , 2012 CITY OF RENTON, a Washington municipal corporation By: — L hlc� �4._r DEMS LAW, Mayor Attest: Bonnie I. Walton, City Clerk RES -324 Page 2 of6Tages, 'Parcel No. 1-23254 CONSERVATION EASEMENT Accepted and Approved STATE OF WASHINGTON, Department of Tran�Rortation rg �� J Jensen, Northwest Region Real Estate SerAces Manager, Authorized Agent Date: 7/ / mr.-Ullors) M,peT km2 fffi�i ss. County of King On this .> day of _ 2012, before me personally appeared DENIS LAW, to me known to be he Mayor of the City of Renton, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said city, for the uses and purposes therein mentioned, and on oath staffed that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. 4{sc+t,'t to R 4f, a—• -•o Z' '27- -� OF W AGS,►�� Please-,;,yj t4 block. 3 y \ Notary rint name) Notary Public ire and for the State of Washington, residing at My Appointment expires RES -324 Page 3 of 6 pages Parcel No. 1-23254 CONSERVATION EASEMENT EXHIBIT A A conservation easement over that portion of the hereinafter described PARCEL "A", described as follows: Beginning at the point of intersection of the southerly line of said PARCEL "A" and the easterly right of way margin of SR 167, said point being 120 feet easterly as measured on a perpendicular from Highway Engineer's Station {hereinafter referred to as HES} 918+55± on the SR 167 line survey of State Route 167 as depicted on Sheet 9 of 14 Sheets on the Washington State Department of Transportation SR 167, S. 55th St. Vic. to SR 405 Vic. Right of Way and Limited Access Plan, Approved and Adopted July 8, 2005, revised July 12, 2012, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly on said southerly boundary to a point opposite HES 918+73+ as measured on a perpendicular from said line survey to the intersection with a line 220 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with a line perpendicular to said line survey and passing through HES 925+15; thence westerly 100 feet along said perpendicular line to a point on said easterly margin; thence southerly along said easterly margin to the point of beginning. Containing an area of 65,088 square feet, more or less. PARCEL "A" That portion of the southwest quarter of the southeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, described as follows: Beginning at a point on the north and south center line of said section 250 feet north of the south quarter comer; thence North 89006103" East along the north line of a tract conveyed to Ivan G. Unbedacht and Phyllis Unbedacht, his wife, by deed recorded under Recorder's No. 4696849, a distance of 950 feet to the True Point of Beginning; thence north parallel with said center line 421.49 feet, more or less, to the northwesterly production of the southerly line of Mance Addition according to the plat recorded in Volume 68 of Plats, page 21, in King County, Washington; thence easterly along said production to the southwest corner of Lot 1 in said addition; thence northerly, easterly and RES -324 Page 4 of 6 pages Parcel No. 1-23254 CONSERVATION EASEMENT EXHIBIT A (continued) northeasterly along the westerly boundaries of said addition to the north line of said southwest quarter of the southeast quarter; thence westerly along said north fine to the easterly line of Primary State Highway No. 5 (now SR 167), as condemned in King County Superior Court Cause No. 582233; thence southerly along said easterly line to the north line of said Unbedacht tract; thence North 89°06'03" East 435 feet, more or less, to the True Point of Beginning. SUBJECT TO Easement recorded under Auditor's File No. 6561572. SUBJECT TO a prescriptive easement for the existing King County Wastewater Treatment Division sewer line. Grantor's Initials W RES -324 Page 5 of 6 pages Parcel No. 1-23254 CONSERVATION EASEMENT EXHIBIT B �i RES -324 Page 6 of 6 pages Parcel No. 1-23254 f , , s ADMINISTRATIVE SERVICES DEPT. p a city Df �. City Clerk Office M E M O R A N D U M DATE: August 1, 2012 TO: Linda Moschetti, PW - Administration FROM:Cindy Moya, Records Management Specialist SUBJECT: Thunder Hills Creek Mitigation -- Conservation Easement By your request, the attached original document has been signed by City officials and is being returned to you for further processing. Thank you. Attachment hArecords specialisticorrespondence & memos - cindyldeed of ded - need further processing.doc CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: May 1, 2012 To: City Clerk's Office From: Stacy M Tucker Sub'ect: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Project Name: Thunder Hills Creek Mitigation Project LUA (file) Number: LUA-12-002, V-A, CAR Cross -References: AKA's: Project Manager: Jennifer Henning Acceptance Date: February 9, 2412 Applicant: Denise Cieri, Deputy Project Director, Eastside Corridor Owner: Contact: Bonnie Lindner, Permit Lead, HDR Engineering, Inc. PID Number: 3023059002;3023059026 ERC Decision Date: ERC Appeal Date: Administrative Approval: March 22, 2012 Appeal Period Ends: April 5, 2012 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under I-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. Location: WSDOT St Rte 167 Right -of -Way at mile post 24.7 and 25.69. Comments: Denis Law - CMayor . E fJ r `. April 10, 2012 Department of Community and Economic Development C.E."Chip"Vi ncent, Interim Administrator Bonnie Lindner, Permit_ Lead HDR Engineering, Inc. 500 108th Avenue NE #1200 Bellevue, WA 98004 SUBJECT: Thunder Hills Creek Mitgation Project UA12-002, V-A, CAR Dear Ms. Lindner: This letter is to inform you that the appeal period has ended for the Administrative Variance approval. No appeals were filed, therefore, this decision .is final and application for the appropriately required permits may proceed. The advisory notes listed in the City of Renton Report and Decision dated March 22, 2012 must be adhered to during construction, as well as the following condition of approval must be satisfied: • The applicant shall submit a revised Restoration Plan to the Current Planning Project Manager indicating the substitution of between a minimum of .102 to 112 trees to replace mature trees removed as part of the project. The restoration shall be accomplished at a rate of 2:1, using 6 -ft high conifers and/or 2 -inch caliper deciduous trees in lieu of a comparable number of smaller native trees specified in the restoration plan. The applicant shall provide written verification of completion of planting (from a wetland biologist) to the City's Current Planning Project Manager at conclusion of the project. If you have any questions regarding the report and decision issued for this Administrative Variance approval, please call me at (425) 430-7286. Sincerely, �en"nlf -r Henning Current Planning Manager cc: Denise Cieri / Appftant Ryan Kline, Bill C. An, Diane Jackson / Parties of Record Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Cir}'of DEPARTMENT OF COMMUNITY a �- AND ECONOMIC DEVELOPMENT fy PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: March 22, 2012 LAND USE ACTION FILE NO.: LUA12-002, CAR PROJECT NAME: Thunder Hills Mitigation Fish Barrier Retrofit Critical Areas Exemption PROJECT MANAGER: Jennifer Henning, Current Planning Manager OWNER/APPLICANT: City of Renton 1055 South Grady Way Renton, WA 98057 APPLICANT: Denise Cieri, Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office WSDOT 600 1081h Ave NE, Suite 405 Bellevue, WA 98004 CONTACT (if other than Owner): Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500 108th Ave NE, Suite 1200 Bellevue, WA 98004 PROJECT LOCATION: WSDOT St Rte 167 Right -of -Way at mile post 24.7 and 25.69. CRITICAL AREA: Panther Creek and Panther Creek Wetlands PROPOSAL DESCRIPTION: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1- 405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a City of Renton Department of Comm-nity & Economic Development Certificate of E......zption from Critical Areas Exemption Thunder Hills Mitigation Fish Barrier Retrofit _LUA12-002, CAR March 22, 2012 — -- - — Page 2 of 3 Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Restoration would be accomplished with native trees and shrubs. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. EXEMPTION JUSTIFICATION: Pursuant to 4-3-050:C.5.a.i -- iii (Conservation, Enhancement, Education and Related Activities), of the Critical Areas Regulations and RMC 4- 3-050.C.5e.v (Roads, Parks, Public and Private Utilities)an exemption is hereby granted: FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.5: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation. 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval of this exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where wetland or buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. DECISION: An exemption from the critical areas regulations is approved for Panther Creek and the Panther Creek Wetlands. RMC 4-3-050:C.5.a.i - iii. Conservation, Enhancement, Education and Related X Activities i. Natural Resource/Habitat Conservation or Preservation: Conservation or preservation of soil, water, vegetation, fish and other wildlife... ii. Enhancement activities as defined in chapter 4-11 RMC. iii. Approved Restoration/ Mitigation: Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. X RMC 4-3-050:C.5e.v (Roads, Parks, Public and Private Utilities) v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.5: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation. 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval of this exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where wetland or buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. DECISION: An exemption from the critical areas regulations is approved for Panther Creek and the Panther Creek Wetlands. City of Renton Department of Com... unity & Economic Development Certificate of Exe.rption from Critical Areas Regulations Thunder Hills Mitigation Fish Barrier Retrofit Areas Exemption LUA12-_oo2LU_Al2.002, CAR DATE OE PERMIT: March 22, 2012 Page 3 of 3 DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C. E. "Chip" Vincent, Planning Director Planning Division 4-17 -L 120 i Date APPEALS: Appeals of permit issuance must be filed with the City of Renton Hearing Examiner by 5:00 p.m. on April 4, 2012. Appeals must be filed in writing, together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. EXPIRATION: Five (5) years from the date of decision (date of signature). DEPARTMENT OF COMMuNITY Cityof � AND ECONOMIC DEVELOPMENT r ADMINISTRATIVE VARIANCE REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST REPORT DATE: March 22, 2012 Project Name: Thunder Hills Mitigation Fish Barrier Retrofit Owner: City of Renton 1055 South Grady Way Renton, WA 98057 Applicant: Denise Cieri, Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office WSDOT 600108 th Ave NE, Suite 405 Bellevue, WA 98004 Contact. Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500 108th Ave NE, Suite 1200 Bellevue, WA 98004 File Number: LUA12-002, CAR. V-A Cp DN . E DATE r.,,,Ar.:1NJ1ALJDATE Project Manager: Jennifer Henning, Current Planning Manager Project Summary: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance (DNS) was issued on December 8, 2011. VARIANCE REPORT' docx �City of DEPARTMENT OF COMMUNITY., AND ECONOMIC DEVELOPMENT '- =� r ADMINISTRATIVE VARIANCE REPORT & DECISION A. SUMMARYAND PURPOSE OF REQUEST REPORT DATE: March 22, 2012 Project Name: Thunder Hills Mitigation Fish Barrier Retrofit Owner: City of Renton 1055 South Grady Way Renton, WA 98057 Applicant: Denise Cieri, Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office WSDOT 600 108'h Ave NE, Suite 405 Bellevue, WA 98004 Contact: Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500108 1h Ave NE, Suite 1200 Bellevue, WA 98004 File Number: LUA12-002, CAR, V-A Project Manager: Jennifer Henning, Current Planning Manager Project Summary: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance (DNS) was issued on December 8, 2011. VARIANCE REPORT.docx City of Renton Department of Community & Economic Development Administrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 2 of 12 Project Location: WSDOT St Rte 167 Right -of -Way at mile post 24.7 and 25.69. Exist. Bldg. Area SF: N/A Proposed New Bldg. Area N/A (footprint): Proposed New Bldg. Area (gross): N/A Site Area: 38,335 s.f. (Impact Total Building Area GSF. N/A Area), 0.88 acres B. PROJECT DESCRIPTION/BACKGROUND: Washington State Department of Transporation (WSDOT) proposes to construct the fish barrier retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under Interstate -405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel approximately 50 to 80 feet to the east (between Culverst 56 and 66), fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with an arched fish passage culvert along State Route 167. Stream flow from the mainstem of Panther Creek would be diverted into the newly excavated stream channel, which would extend approximately 160 feet north of Culvert 66, and tie back into an existing stormwater discharge channel. The project requires a critical areas variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Restoration and enhancement plans would provide for four different types of restoration, with all types planted to restore disturbed areas near Culverts 65 and 66. For Culvert 72, Type 3 and 4 Restoration would occur. Type 1 restoration would plant Redtwig dogwood (Cornus sericea), Sitka willow (Salix sitchensis) and Pacfic willow (Salix lucida). Restoration Type 2 would plant Black Cottonwood (Populus balsamifera), Western red cedar (Thuja plicata), Sitka spruce (Picea sitchensis), and Nootka rose (Rosa nutkana). Restoration Type 3 would plant Black twinberry (Lonicera involucrata), Nootka rose, and Pacific ninebark. Restoration Type 4 would plant Pacific willow, Oregon ash {Fraxinus latifolia), Sitka willow, and Clustered wild rose (Rosa pisocarpa). The plants would be 3 -foot live stake (Restoration Type 1) and containers with 18 -inch high plants (Restoration Type 2, 3, and 4). Removal of approximately 540 cubic yards of material and replacement with select borrow is' proposed upslope on the upstream side of Culvert 72. Upslope of the downstream side of Culvert 72, approximately 55 cubic yards would be excavated and replaced with select borrow. State Environmental Policy Act (SEPA )review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. VARIANCE REPORT. docx City of Renton Department of Community & Economic Development Administrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 3 of 12 C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Neighborhood Detail Map Exhibit 2: Vicinity Map (Sheet 2 of 45) Exhibit 3 Culvert Stream Restoration & Enhancement Plan (Sheet 24 or 47) Exhibit 4: Ditch Restoration & Enhancement Plan (Sheet 25 of 47) Exhibit 5: Stream/Ditch Restoration & Enhancement Details (Sheet 26 of 47) Exhibit 6: Stream/Ditch Restoration & Enhancement Details (Sheet 27 of 47) Exhibit 7: Tree Inventory Pian, Culvert 72 Exhibit 8 Tree Inventory Plan, Culverts 65 and 66 Exhibit 9: Tree Inventory Sheets Culvert 72 and Panther Creek Relocation (4 sheets) Exhibit 10: Comment Letters Exhibit 11: Noise Variance Exhibit 12: Critical Areas Exemption VARfANCE REPORT. docx City of Renton Department of Commui Economic Development THUNDER HiLLS MITIGATION FiSH BARrsrER RETROFIT Report of March 22, 2012 D. FINDINGS: ministrotive Variance Report & Decision LUA12-002, CAR, V-A Page 4 of 12 Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request. The applicant requests a Critical Areas Exemption in order to clear vegetation in a critical area buffer, and to fill and plug Culverts 65 and 66. In addition a Variance from Critical Areas Regulations (RMC4-5-050:L.8.e) is needed in order to remove the existing fish ladder at SR 167 culvert C72, and replace it with a fish passable arch culvert. 2. Administrative Variance: The project requires a variance from RMC4-5-050:L.8.e in order to relocate a 710 -foot section of Panther Creek at at Culvert 72. 3. Existing Land Use: The project area is within publically owned lands which include Panther Creek and wetlands. 4. Zoning: The project site is zoned Residential —1 dwelling unit per acre (R-1) which is established to provide suitable areas for residential development of lands characterized by pervasive critical areas where limed residential development would not compromise critical areas. S. Topography/Vegetation: The site is flat. A total of 79 trees are located on the project site. Of these, 26 are in the vicinity of Culvert 72, and 53 are in the vicinity of Culverts 65 and 66. Six of the trees are diseased. Twenty-two would be retained (9 at Culvert 72, and 13 within the Panther Creek Channel). According to the applicant from 51 to 56 trees would be removed for the project. 6. Critical Areas Exemption: RMC 4-3-050:C.5.a.1 - iii allows for exemptions within critical areas and their buffers for conservation, enhancement, education and related activities. RMC 4-3- 050:C.5e.v (Roads, Parks, Public and Private Utilities) allows for Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks. E. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-2508.10 lists 10 criteria that the Community & Economic Development Administrator or designee is asked to consider, along with all other relevant information, in making a decision on an Administrative Variance application. These include the following: The Community and Economic Development Administrator or designee shall have authority to grant an administrative variance upon making a determination, in writing, that the conditions specified below have been found to exist: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served, The applicant indicates that the public's health, safety, and welfare would be best served by relocation of the Panther Creek Channel for several reasons: The conditions of U.S. Army Corps of Engineers (USACOE) Nationwide Permit (NWP) 23 would be met, which allowed for emergency construction repairs to the Thunder Hills Creek Culvert 52, located under 1-445. The channel relocation has also been designed to accommodate future widening of State Route (SR) 167 in later phases of WSDOT's Tukwila to Renton VARIANCE REPORT.docx City of Renton Deportment of Commur Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARntri? RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 5 of 12 Improvement Project (TRIP). The proposal was considered in an element of the draft Panther Creek Watershed Rehabilitation Plan (PCWRP) prepared in 2007 for the 1-405 TRIP (1-5 to SR 169 — Phase 2). Other elements of the plan would occur in later phases of the TRIP. And, relocation of Panther Creek, and plugging of Culverts 65 and 66 (C65 and C66) would reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. Staff concurs that the public policies have been evaluated and that the public's health, safety and welfare would generally be served. In addition, the proposal would meet the purposes of the stream regulations within Renton's Critical Areas Regulations RMC4-3- 050:A.6.a — c which include protection of riparian habitat and functions that are important to both fish and wildlife; prevent the loss of riparian acreage and functions and protect aquatic functions for salmonid species. The project would also meet the purposes of the wetland regulations within Renton's Critical Areas Regulations RMC4-3-050:A.7.a — d to ensure that activities in or affecting wetlands do not threaten public safety, cause nuisance or destroy or degrade natural wetland function and values; preserve, protect and restore wetlands; and protect the public from costs associated with repair of downstream properties resulting from erosion and flooding due to the water storage capacity of wetlands; and prevent the loss of wetland acreage and functions. However, in order to ensure that the public's welfare is best served, and in order to respond to comments received from the public regarding the removal of trees (Exhibit 10), staff recommends that the applicant be required to provide a number of larger trees to compensate for the removal of existing trees. The project proposes to replace the removed trees with native trees and shrubs. b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; Renton's Comprehensive Plan classifies the site as Low Density Residential; however, the area is permanently preserved as part of the Panther Creek Wetland Open Space area. Environmental Policy EN -1 encourages the management of water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production, and open space. Policy EN -6 provides a hierarchy of actions when development may impact wetlands. This includes avoiding impacts to the wetland; minimizing impacts to the wetland; restoring the wetland, and others. The proposal would meet both EN -1 and EN -6 in that it would enhance fish habitat, improve flood protection, and restore an impacted area. c. Each facility must serve established, identified public needs, The relocation of the Panther Creek channel is part of a larger project and would mitigate for the emergency repairs of the Thunder Hills Creek culvert; plan for the future SR 167 improvements; implement a component of the Panther Creek Watershed Rehabilitation VARIANCE REPORT. docx City of Renton Department of Commu) Economic Development ministrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUAI2-002, CAR, V-A Report of March 22, 2012 Page 6 of 12 Plan; and, reduce seasonal flooding of developed private properties located along the west side of SR167 in the vicinity of Culverts 65 and 66. d. No practical alternative exists to meet the needs; On March 3, 2008, the U.S. Army Corps of Engineers (USACOE) issued a Nationwide Permit for the emergency pipe replacement construction for a failed culvert conveying Thunder Hills Creek under 1-405. The 1-405 culvert failed as a result of December 2007 storm events. A condition of the permit required that WSDOT fund and complete replacement of a culvert that would open a quantity of fish habitat similar to that blocked by the existing 1- 405 Thunder Hills Creek culvert and then any known fish barrier culvert in the 1-405 Renton Nickel Project area that drains to Springbrook Creek basin. WSDOT evaluated the Thunder Hills Creek culvert and concluded that it was not feasible to open up fish habitat through this culvert. The Muckleshoot Indian Tribe (MIT) Fisheries Division agreed with WSDOT's conclusion and agreed to move forward and look at fish barrier culverts in the 1-405 Renton Nickel project area. Further review of culverts in the area lead to the conclusion by WSDOT and the MIT that replacement of Culvert 72 was the best location with potential for fish passage improvement. It was also determined a key element of the project would be to block upstream Culverts 65 and 66 and implement a phase of the Panther Creek Watershed Rehabilitation Plan by relocating a section of Panther Creek. The current mitigation direction (culvert replacement, culvert blockage, and channel relocation) has involved consultation with the MIT, the USACOE, the Washington Department of Fish and Wildlife, and Washington Department of Ecology through WSDOT's Multi -Agency Permit Team process. Staff concurs that the proposed location is appropriate and that WSDOT has demonstrated collaboration and cooperation with other agencies in identifying a practical approach to complying with the mitigation. However, staff believes that the restoration proposed for the removal of up to 56 trees should be accomplished using larger trees than those proposed for a portion of the trees. The 16 trees that would be removed at Culverts 65 and 66 and the 40 trees that would be removed at Culvert 72, should be mitigated by the planting of minimum 2 -inch caliper trees (deciduous) or 6 -foot high trees (conifers), at a ratio of 2.1 in order to provide a range of vegetation and to help alleviate concerns with regard to aesthetics and noise expressed by commenting parties (Exhibit 10). e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; WSDOT proposes to implement Best Management Practices (BMP's) during construction. The proposal would result in the removal of up to 56 mature trees that contribute to aesthetic and acoustic buffering between the existing residential areas located east of the VARIANCE REPORT.docx City of Renton Department of Commoi Economic Development ministrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA22-002, CAR, V-A Report of March 22, 2012 Page 7 of 12 project site. In order to mitigate for the removal of these trees, WSDOT intends to restore the area with 1,448 new native trees (Pacific willow, Black cottonwood, Sitka spruce, and Western red cedar) and 5,935 shrubs (Exhibit 10). However, the proposed trees would be in containers with a typical height of 18 -inches, which is insufficient to address comments regarding noise and aesthetics. As indicated in "d" above, staff recommends as a condition of approval that the applicant be required to substitute some larger trees (at a ratio of 2:1) for the mature trees that would be removed. Such replacement trees shall be a minimum of 6 -foot high for conifers and a minimum of 2 -inch caliper for deciduous. f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located; The proposal would result in temporary impacts to the existing wetland area. No permanent net loss to the existing area, values, and functions in the East and West Panther Creek wetlands would occur. Wetland structural elements related to nutrient/sediment/toxicant filtration and adsorption will not have adverse impacts in the wetland, so there will be no net loss of water quality functions. Rerouting of water through East Panther Creek Wetland is not anticipated to change the vegetation communities in the wetland, or existing habitat for wetland -associated species such as amphibians. The temporary loss of wetland habitat due to vegetation removal would be mitigated by replanting all disturbed areas with native shrub and tree species within a few months of completion of earthwork activities. The proposed replacement of Culvert 72 and creation of approximately 760 lineal feet of new Panther Creek channel through East Panther Creek wetland is the first phase of implementation of the PCWRP. The Pian is designed to improve watershed -level limiting factors for salmonid species including: lack of salmonid refuge and rearing habitat, insufficient seasonal low -flows, lack of functioning riparian habitat, and the presence of fish passage barriers. There would be no net loss of aquatic habitat function in the West Fork of Panther Creek. Due to the extent of piped channel between the reach of West Fork of Panther Creek and Springbrook Creek, combined with highly degraded stream and riparian conditions, the West Fork of Panther Creek is likely a complete barrier to upstream salmonid fish passage. g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; The project area was analyzed previously in the PSWRP and the TRIP Biological Assessment (BA) and Biological Opinion (BO). The PCWRP and the BA/BO were reviewed specifically to evaluate implementation of mitigation for emergency repairs to the Thunder Hills Creek culvert (including the Panther Creek channel relocation). Updated species lists and critical habitat maps were acquired from NOAA Fisheries, StreamNet, and the U.S. Fish and Wildlife Services (USFWS), and priority habitat and VARIANCE REPORT.docx City of Renton Department of Commur Economic Development ninistrative Voriance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 8 of 12 species maps from WDFW. No new species or critical habitat has been listed that was not addressed in the TRIP BA. Based on the above, it was determined that the proposed project impacts are consistent with elements of the PCWRP, and all potential impacts on listed species or critical habitat have been considered in the Tukwila to Renton improvement BA and MNRS/IJSFWS BO. h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; The proposed project does not involve any discharges of waste materials to surface waters. The potential for inadvertent discharges of waste material during construction will be minimized through standard WSDOT construction management practices. The completed project does not involve any withdrawal or degradation of groundwater. Because construction of the stream channel is anticipated during summer months (June through September), groundwater withdrawal (dewatering) is not anticipated. i. The approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose, and (Ord. 5519, 12-14-2009) As noted above, relocation of the Panther Creek channel is part of the larger project to mitigate for the emergency repairs to the Thunder Hills Creek culvert, to plan for future SR 167 improvements, to implement a component of the PCWRP, and reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. The removal of up to 56 trees and the grading of 540 cubic yards of material (upstream of Culvert 72) and 55 cubic yards of material (downstream of Culvert 72) is the minimum needed in order to accomplish the project. j. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-25OF are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851,8-7-2000) The review of functions and values of wetlands streams in the project area is based upon the following documents that meet the criteria in WAC 365-195-905: A. C Kindig & Co. and Cedarock Consultants, Inc. City of Renton: Best available science literature review and stream buffer recommendations. February 23, 2003, report to the City of Renton. Cooke, S. and A. Azous. 1997. The hydrologic requirements of common Pacifica Northwest wetland plant species. Pages 154-169 in Azous, A.L., and R.H. Horner (eds). Wetlands and Urbanization, Implications for the future, Final Report of the Puget Sound Wetlands and VARIANCE REPORT. d ocx City of Renton Department of Commui Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 9 of 12 Stormwater Management Research Program. Washington State Department of Ecology. Olympia, WA; King County Water and Land Resources Division; and the University of Washington. Seattle WA. Parametrix. 2004. Best available science ordinance review. June 28, 2004, memorandum to Jones and Stokes. Sheldon, D., T Hruby, P. Johnson, K, Harper, A. McMillan, T. Granger, S. Stanley, and E. Stockdale. 2005. Wetlands in Washington State — Volume 1: Syntheses of the Science. Washington State Department of Ecology. Publication #05-06-006. Olympia, WA. March 2005. Walters, M., R. Teskey, and T. Hinckley. 1980. impact of water level changes on woody riparian and wetland communities. Volume Iii: Pacific Northwest and Rocky Mountain regions. Fish and Wildlife Service, U.S. Dept. of the interior FWS/OBS-78-94. Washington, D. C. in addition, the following documents were reviewed and support the analysis in the Critical Areas Study: National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). 2008. Endangered Species Act — Section 7 Consultation Biological Opinion and Magnuson - Stevens fishery Conservation and Management Act Essential Fish Habitat Consultation for the 1-405 Tukwila to Renton improvement Project (1-5 to SR 169 — Phase 2) Lower Cedar River, Cedar River Sixth Field NUS: 171100120106, 171100120302 King County, Washington. National Marine Fisheries Service, Northwest Region and U.S. Fish Wildlife Service, Western Washington Office, March 3, 2008. WSDOT (Washington State Department of Transportation). 2000. Wetland Functions Characterization Tool for Linear Projects. June 2000. WSDOT (Washington State Department of Transportation). 2007. Panther Creek Watershed Rehabilitation Plan: Preliminary draft for Multi Agency Permitting Team (MAPT) review. May 2007. Staff concurs that the variance is being requested and considered using the best available science as documented above. F. CONCLUSIONS: 1. The subject site is located within the Washington State Department of Transportation right-of- way at mile post 24.7 and 25.69 within the Panther Creek Wetland. 2. The analysis of the proposal according to 10 variance criteria is found in the body of the Staff Report satisfies the requirements for the approval of a Variance from RMC4-5-050:L.8.E., provided the conditions of approval are met. VARIANCE REPORT. docx City of Renton Department of Commu - Economic Development ministrative Variance Report & Decision THUNDER FALLS MITIGATION FISH BA ...... R RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 10 of 12 3. Comments were received from parties in the vicinity of the project and those comments are contained in the record as Exhibit 10. 4. A Critical Areas Exemption per RMC 4-3-050:C.5.a.i - iii allows for exemptions within critical areas and their buffers for conservation, enhancement, education and related activities. And RMC 4-3-050:C.5e.v (Roads, Parks, Public and Private Utilities) allows for Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks. A copy of the Critical Areas Exemption is attached as Exhibit 11. G. DECISION: The Administrative Variance(s) for the Thunder Hills Creek Mitigation Project, File No.LUA12-002, V-A, CAR, is approved and is subject to the following condition: 1. The applicant shall submit a revised Restoration Plan to the Current Planning Project Manager indicating the substitution of between a minimum of 102 to 112 trees to replace mature trees removed as part of the project. The restoration shall be accomplished at a rate of 2:1, using 6 -ft high conifers and/or 2 -inch caliper deciduous trees in lieu of a comparable number of smaller native trees specified in the restoration plan. The applicant shall provide written verification of completion of planting (from a wetland biologist) to the City's Current Planning Project Manager at conclusion of the project. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C.E. "Chip" Vincent, Planning Director Planning Division TRANSMITTED this 22nd day of March, 2012 to the Owner/Applicant/Contact: Owner: City of Renton Ron Straka, Surface Water Supervisor 1055 South Grady Way Renton, WA 908057 Applicant: Denise Cieri Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office, WSDOT 600 108th Ave NE, Suite 405 Bellevue, WA 98004 TRANSMITTED this 22nd day of March, 2012 to the Party(ies) of Record: Ryan Kline 409 5 36th Street Renton, WA 98055 VARIANCE REPORT Bill C_ An CSA, LLC PO Box 1941 Auburn, WA 98071 ZZ o 2— Date' Contact: Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500108 th Ave NE, Suite 1200 Bellevue, WA 98004 Diane Jackson 2419 Talbot Crest Drive S. Renton, WA 98055 City of Renton Department of Commun Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FI5H BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 11 of 12 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these nares ore provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:34 a.m. to 3:30 p.m., Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m, and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Plan Review - Storm Drainage 1. Erosion control shall comply with the Department of Ecology's Stormwater Management Manual. City code requires compliance with the Critical Areas Ordinance. The Critical Areas Study for the project has verified that it meets the City's compensatory storage requirements defined in Section 4-3-050 of the Renton Municipal Code. 3. The project involves work within FEMA's 100 -year floodplain. Filling or grading below FEMA's regulated flood plain elevation of 16.00 (NGVD 29), will require compensatory storage to be provided per city code. 4. New culverts will need to be designed to accommodate future land use condition runoff for the 25 -year and 100 -year storm events in accordance with the City's design standards. 5. A downstream hydraulic analysis along the SW 23rd Street right-of-way, between SR- 167 and Springbrook Creek (SW 23rd St Channel), was provided. The analysis has verified that no flooding problems will result from the project. The analysis for the culvert has demonstrated a zero -rise in the 100 -year flood elevation. 6. Work within city right-of-way will require an easement for construction, access, and maintenance. It appears this requirement has been met. Transportation 1. Any work affecting traffic in the City's right-of-way will require an approved traffic control plan from the City. As a portion of the project will require weekend closure of SR 167, submittals for re-routing traffic and early coordination with the City are required. z. A noise variance has been approved and is contained herein as Exhibit 11. TRANSMITTED this 22nd day of March, 2012 to the following: Neil Watts, Development Services Director Larry Meckling, Building Official Kayren Kittrick, Development Services Fire Marshal VARIANCE REPORT. docx City of Renton Department of Commai Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-DOZ CAR, V-A Report of March 22, 2012 Page 12 of 12 Jennifer Henning, Current Planning Renton Reporter H. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on April 5, 2012. An appeal of the decision must be filed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. EXPIRATION: The variance(s) approval will expire two (2) years from the date of decision. A variance one (1) year extension may be requested pursuant to RMC 4-9-2508.17. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one -on -ane) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. 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PAP G I r r� Ogg s ik f ;1f jig. 0 r llllll X=tG it ii. / Id"I t{'1R c I _ °C I In- Yi 0 dtllk X11 roA as, M}aal odd EXHIBIT 4 B� x Rom �q t W 7 D O� S Zi4 YY Sri 99 n YN, U _ K� r EXHIBIT 5 15 =atx�n as�Ri�a!o� W 7 CY S U _ N z c W ui Lu a - 6 m o o 6; -. 0 0 o 0 0 0 Z O o m lLLI �] �- 4 C ti IL 4 b 4 y Q LLI a+ U - z 2 c a z V w w w a a a w w w'w - a a a a w'w w' a n n w w w w a a a n d 4 x x 2. 2 0 L+ s r EXHIBIT 5 15 =atx�n as�Ri�a!o� F Hl III . is ei R Ras .11—f ispu V Y t F W lil EXHIBIT 6 is -}"-" U F IL ,... ,.__e V Y t F W lil EXHIBIT 6 is -}"-" L li 167 014 17 Ij'j� I 4i7l 41 2 ; cJnr VVSD0T ROW Wrly Corrid., -4l a 4;51 —AIM 7251 4186 '2 a 7 7 24t: *5 I'm 72, QJ25 - - - - - - - - - - - - - - 3 C.tVn 72 7211-- L 26 7 n 'I 71 112 r. IV 1 Cm 0. 7124 37 1,. 0 1 yli 7127 ?12p' a 371D71 �ry11 7,3 V 10 TIC5 ILI 375 '7 1*61 7 704 M % 1 7oV?, 7�7 0 4 -7022 C'M I 7022Z027 7019 11 1 EXHIBIT 7 I F Tree Inventory Plan RV;IT—Y (ROM 7 inch - 50 i -L uany comm: C'] L�hLalPropowack.my..ncr�NNeerrreKoanc�.iw<n Tree irrventory Plan � '� v.M —�• Fin-0t�rvaY Ix OYY� 0 Tra ai Nr Li 6 b8H Nev E.aemerrt i inr� = 50 feel — �n�r tamer Timd*r H1SC� A/eor -Flb5 Rimt Tree Inventory in Renton - Culvert 72 Tree ID SPEQES' DUH PROJECT LOCATION PROPOSED ACTION NOTES 4994 SALU 12 C72 E Retained 4997 SALU 10 C72E Retained 2 Trunks 4998 SALU 14 C72E Retained 2 Trunks 7169 SALU 8 C72 E Removed 10 Trunks 7188 SALU 10 C72 E Removed 5 Trunks 7189 SALU 8 C72E Removed 2 Trunks 7191 SALU 10 C72 E Retained 7192 SALU 10 C72 E Retained 7198 FRLA 12 C72E Removed 4 Trunks 7218 SALU 10 C72 E Retained 7219 FRLA 8 C72E Removed 7220 SALU 12 C72E Removed 7221 SALU 8 C72E Removed 7225 SALU 8 C72E Removed 7226 SALU 10 C72E Removed 7248 7249 SALU SALU 10 10 C72 E C72 E Retained Retained 7250 SALU 10 C72 E Retained 7253 SALU 12 C72E Removed 7254 SALU 12 C72E Removed 2 Trunks 7255 SALU 10 C72E Removed 7256 SALU 8 C72E Removed 7257 SALU 6 C72E Removed 7258 SALU 6 C72E Removed 7259 SALU 10 C72E Removed 7260 SALU 8-1 C72E Removed ' ALRU =Ain us rubra. FRLA = Fraxinus iatifolia , PQBA = Popufus balsomijero , SALU= saux ruaao 26 EXHIBIT 9 a Tree Inventory in Renton - Culvert 72 TOTAL Thunder Hills Creek Mitigation: Fish Barrier Retrofit 17 Trees to be removed 9 Trees to be retained EXHIBIT 9 b Tree Inventory in Renton - Panther Creek Relocation ID SPECIES' D8H LOCATION PROPOSED ACTION NOTES 16 ALRU 8 065/66 E Removed 17 POBA 7 C65/66 E Removed 18 ALRU 8 C65/66 E Removed 19 ALRU 8 C65/66 E Removed 20 SAW 12 C65/66 E Retained —4 trunks 21 SALU 6 C65/66 E Removed 4 Trunks 4188 POBA 34 C65/66 E Retained 4214 POBA 20 C65/66 E Removed 4218 ALRU 8 C65/66 E Retained 4235 ALRU 10 C65/66 E Retained 4245 POBA 16 C65/66 E Removed 4246 j POBA 8 1 C65/66 E Removed 42481 POBA 14 C65/66 E Retained 4250 ALRU 10 C65/66 E Removed Broken crown 4251 ALRU 8 C65/66 E Removed 4253 ALRU 16 C65/66 E Retained 4263 POBA 14 C65/66 E Removed 4264 ALRU 12 065/66 E Removed 42G91 POBA 60 C65/66 E Removed 3Trunks 4271 ALRU 6 C65/66 E Removed 4272 ALRU 8 C65/66 E Removed 4273 ALRU 8 C65/66 E Removed 4274 ALRU 10 C65/66 E Removed 2 Trunks 4275 ALRU 12 C65/66 E Removed 42761 ALRU 8 C65/66 E Removed 4294 ALRU 10 C65/66 E Removed 4296 ALRU 12 C65/66 E Removed Stressed, several decadent branches at crown 4298 ALRU 12 C65/66 E Removed 4299 ALRU 10 C65/66 E Removed 4301 POBA 40 C65/66 E Retained 4314 SALU 10 C65/66 E Removed 2 Trunks 4315 SALU 18 C65/66 E Removed 4316 ALRU 8 C65/66 E Removed Damaged crown 4389 SALU 18 C65/66 E Removed 4392 SALU 10 C65/66 E Removed 4393 SALU 6 C65/66 E Removed Split trunk, 50% decadent 4394 SALU 6 C65/66 E Retained 44041 ALRU 10 C65/66 E Removed 4405 ALRU 10 C65/66 E Removed 4406 ALRU 6 C65/66 E Retained 2 Trunks, approximately 5 feet west of the project limit 4407 SALU 8 C65/66 E Removed 4408 SALU 10 C65/66 E Removed same cluster as 4389 (not flagged) 4454 POBA 12 C65/66 E Removed 2 Trunks 4455 - 10 C65/66 E Notfound 44561 POBA 22 C65/66 E Removed 2 Trunks 4457 SALU 12 C65/66E Removed 3Trunks 4458 SALU 20 C65/66 E Removed 4459 ALRU 18 C65/66 E Removed 4487 ALRU 16 065/66 E Removed Decadent crown 4493 POBA 16 C65/66E Retained 2trunks 44941 POBA 16 C65/66E Retained 2trunks 4495 POBA 16 C65/66E Retained 2trunks 4503 POBA 30 065/66 E Retained 4504 PABA 36 C65/66 E Removed Top of trnk dead to half way down ' ALRU = Afnus rubra, FRLA = Fraxinus latifolio , POBA- Populus bolsomifero , SALU = Salix fucido EXHIBIT 9 0 Tree Inventory in Renton - Panther Creek Relocation TOTAL Thunder Hills Creek Mitigation: Fish Barrier Retrofit 40 Trees to be removed 13 Trees to be retained EXHIBIT 9 4 AW W70Washington StateTransportation De merit of Trans anon Paula J. Hammond, P.E. Secretary of Transportation February 27, 2012 Ms. Jennifer Henning, AICP Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 Northwest Region -Eastside Corridor 1-405 Project Office 600 108t, Avenue NE, Suite 405 Bellevue, WA 98004 (425) 456-8500 I Fax 425-456-8600 TTY: 1-800-833-6388 www.wsdot.wa.gov Thunder Hills Creek Fish Mitigation Barrier Retrofit Project No. LUA12-002, V-A, CAR; APN 3023059002 Response to Comments Dear Ms. Henning: The following information is provided in response to two comment letters (Ryan Kline and Muckleshoot Indian Tribe Fisheries Division [M1TFD]) and one email (Diane Jackson) received by the City of Renton on our applications for a Critical Areas Variance (stream relocation) and a Critical Areas Exemption (culvert replacement), and your voice message to Bonnie Lindner, HDR Engineering, regarding the above -referenced project. Tree Removal/Replacement For clarification and in response to your voice message, trees will be removed and replanted only at the stream channel relocation site (Culvert 65166) and the culvert replacement site (Culvert 72). Trees outside of the limits of disturbance will not be impacted. WSDOT designers worked diligently to minimize impacts to environmentally sensitive areas by laying out the new stream channel in a way that will reduce excavation and preserve larger trees to the greatest extent possible. Much of the existing vegetation that will be impacted consists of large areas of reed canary grass, a non-native undesirable grass species. A total of 79 trees were identified in the project area: 26 trees at C72 and 53 trees at the stream channel relocation. Nine trees will be retained at C72 and 13 trees at the stream channel relocation area. Areas disturbed by the prgject will be replanted with 1,448 new native trees (Pacific willow, black cottonwood, Sitka spruce, and western red cedar) and 5,935 shrubs. New plants will be spaced between 2 and 8 feet apart to ensure quick coverage of the disturbed areas. EXHIBIT 10 Ms. Henning February 27, 2012 Page 2 Replacement trees will follow the City's tree retention plan. Please refer to the Tree Retention Worksheet that was part of our submittal package. In compliance with WSDOT's landscape standards for mitigation design, appropriately sized trees (stake and containerized specimens) are proposed for planting in wetland areas. Noise Evaluation of noise levels for Talbot Hill and vicinity residences were performed for and summarized in the 1-405. Tukwila to Renton ImprovementProject `TR1PJ (1-5 to SR 169 Phase 2) Enviro,7mv ltal Assessment. The TRIP is much larger than the Thunder Hills Mitigation Project as it includes adding lanes to State Route (SR) 167 and Interstate 405 (1-405) and reconstructing the I-405/SR 167 interchange_ The noise modeling in the residential area measured 60 dBA. The completed TRIP would raise the existing noise levels by only a single dBA, not enough increase in volume to perceive by the human ear. In addition, noise travels by line of sight. Since the residences are at a higher elevation than the noise generator (SR 167), the existing trees do not reduce noise levels. MITFD Letter dated FebruaEy 23 2012 The culvert replacement and the stream channel relocation are mitigation for emergency repairs to the Thunder Hills Creek culvert under Interstate 405 in 2008. The purpose of the letter from the MITFD to the U.S. Army Corps of Engineers was to confirm that WSDOT has met its obligation under the Nationwide Permit 23 issued for the emergency repair work. A response is not required. If you have any questions or require additional information regarding this submittal, please contact Bonnie Lindner, ISR Permit Lead, at 4251450-6239 or bonnie.lindner(a)hdrinc.com. I can be reached at 425/457 -0642 - Sincerely, x6"H. Jordan Corridor Environmental Manager Ryan Kline 409S 36th Street Renton, WA 98055 February 17, 2012 Jennifer Henning Current Planning Manager Department of Community & Economic Development City of Renton 1055 S Grady Way Renton, WA 98057 Dear Ms. Henning: Cite of Rent -on Division INET "�E-U��(�LU As a proud and established resident of the City of Renton, I am writing to express my concern about recent discussion and the pending decision to remove 54 trees along the Panther Creek Wetlands as part of the proposed Thunder Hills Mitigation Project (Project No. LUA12-002, V- A, CAR; APN: 3023059002). The trees present on the site denoted in the Notice of Application provide a critical sound barrier between State Highway 167 and the adjacent neighborhood. As can be demonstrated through case studies, both by private and government entities, the impact of freeway noise on an existing community is invariably a deterioration of property values. This often has extended implications, such as: degraded quality and availability of commercial services, increased stress on public services (schools, police, fire, health), and urban sprawl (continued expansion away from existing infrastructure). All these are very real concerns should someone neglect to recognize the real value of some 54 existing trees. If the impacted area was already industrial or commercial development, there may be less cause for alarm. The area immediately adjacent to the proposed site, however, is an established residential area originally developed in the 1940s & 1950s. In fact, some of the residents have been in their homes since that time, others 20 and 30 years, and younger families have recently began to grow their roots. This community is a vital part of the City of Renton and should be valued as such. By either abandoning this project or by redesigning the project to preserve all of the existing trees between the highway and the neighboring residential properties, the City of Renton will demonstrate its true appreciation of its citizenship. Towards that end, I would request there be a public hearing so that HDR Engineering, the City of Renton, and others involved may hear directly from the residents impacted by this project. Thank you in advance for your consideration and response. Respectfully, Ry Imt Z�-�fb2-c�SS"i EXHIBIT 10 Jennifer T. Henning From: Kline, Ryan N - (SFA) [rkline@tcco.com] Sent: Monday, March 12, 2012 7:21 AM To: Jennifer T. Henning Subject: RE: Aerial Photo Good morning, Jennifer. Yes, you understood me correctly. Nonetheless, WSDOT did contact me; I returned their call and left a v -mail stating my concerns were addressed. Enjoy your Monday! Best Regards, Ryan Ryan N. Kline, LEED AP BD+C I Estimator I Turner Construction Company direct: 206.505.6035 1 cell: 206.462.0537 1 e-mail: rkline tcco.com address: 830 4th Ave S, Suite 400, Seattle, WA 98134 -----Original Message ----- From: Jennifer T. Henning [mailto:Jhenning(Rentonwa.Rov] Sent: Friday, March 09, 2012 3:13 PM To: Kline, Ryan N - (SEA) Subject: RE: Aerial Photo Hello Ryan, I'm glad that the aerial photo helped, and I thank you for your kind words. I've be in discussions with WSDOT and they are willing to contact or meet with you separately to discuss your concerns. However, it sounds as though you are no longer requesting a public hearing. Did I understand that correctly? Jennifer Henning, AICP Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7286 -----Original Message ----- From: Kline, Ryan N - (SEA) rmailto:rkline(&tcco.coml Sent: Friday, March 09, 2012 1:56 PM To: Jennifer T. Henning Subject: Fwd: Aerial Photo Jennifer, This aerial shot is quite informative and has served to allay my reservations regarding the project along SR -167. 1 I thank you for addressing my concerns with such sincerity and professionalism. Best regards, Ryan Kline Sent from my Verizon Wireless Phone ----- Forwarded message ----- From: "Jennifer T. Henning" <Jhenning(@Rentonwa.gov> To: "Kline, Ryan N - (SEA)" <rklineptcco.com> Subject: Aerial Photo Date: Mon, Mar 5, 2012 5:44 pm Hello Ryan, Here is an aerial photo of the area of work (in red) near your home. Let's talk via email tomorrow. Jennifer Jennifer Henning, AICP Planning Manager City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430.7286 fcid:image001.jpg@01CCFAF7.A89317A0I 2 Jennifer T. Henning From: Diane Jackson [dianej2419@msn.com] Sent: Thursday, February 23, 2012 4:58 PM To: Jennifer T. Henning Subject: COMMENTS - THUNDER HILLS MITIGATION PROJECT/ LUA12-002, V-A, CAR TO: Jennifer Henning, Planning Manager, Dept. of Community & Economic Development - City of Renton RE: Notice of Application - Above project - Comments on Application (due by Spm 2-23-12) My name is Diane E. Jackson (aka Diane F. Espey), and I live at 2419 Talbot Crest Drive South, Renton, WA 98055 I've been busy helping with my Mom (she's been in the hospital) and just noticed the above " NOA.° It's difficult to tell by the NOA Site Map, but I have the following comments: (1) It appears that the proposed removal of 540 trees will have an immediate and negative impact on the area. We live above the "critical area," overlooking SR 167. We have SEVERE NOISE from the freeway, especially during the winter when the deciduous trees shed their leaves. It seems that even with planned mitigation, there will be a huge void for many, many years. THIS IS NOT JUST A SIMPLE "NON --SIGNIFICANCE." (2) I believe with the proposed changes and the impact, that, at a minimum, a public hearing should be held to be further informed, BEFORE WSDOT proceeds with irreversible results. Thank you, Diane Jackson (425) 228-1964 telephone EXHIBIT 10 MUCKLESHOOT INDIAN TRIBE Fisheries Division 39015-172 rd Avenue SE • Auburn, Washington 98092-9763 Phone: (253) 939-3311 • Fax: (253) 931-0752 February 23, 2012 Ms. Rebecca McAndrew Project Manager Regulatory Branch, Seattle District U.S. Army Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 RE: Revisions to NWS -2008-87, WSDOT, 1-405 Thunder Hills Creek culvert mitigation Dear Ms. McAndrew: Our Habitat Program staff have reviewed the .IARPA materials for the proposed I-405 Thunder Hills Creek culvert mitigation project. This project will construct anew fish passable culvert to mitigate for the non -fish passable culvert that was replaced on Thunder Hills Creek, underneath 1-405 as part of emergency work in 2008_ The original Nationwide Permit (NWS -2008-87) required that a culvert be replaced with a fish passable structure that would open a quantity of fish habitat similar to that blocked by the existing I-405 Thunder Hills culvert_ The culvertsite and restoration methodology required our approval, with the location based on four priority areas outlined in the original permit, starting with the feasibility of replacing the existing Thunder Hills Creek culvert with a fish passable culvert. The mitigation project proposes to fireplace a culvert known as Culvert 72, which conveys a portion of Panther Creek and associated wetlands underneath SR 167. It is located within the 1405 Renton Nickel project area and drains to the Springbrook Creek subbasin, thus meeting Special Permit Conditions adi. It is being designed using WDFW's 2003 Fish Passage Guidelines "stream -simulation design method", which was our requirement to ensure the highest likelihood of fish passage at this location over time. The details as to how the replacement culvert meets the stream simulation design method is provided in the attached memorandum from WSDOT to WDFW for your reference. In addition to the new stream simulation design culvert under SR 167 at Culvert 72, the mitigation project also involves blocking the current flow paths of Panther Creek under Culverts 65 and 66 in order to re- route the creek flow to the north to the Panther Creek wetland and eventually to Culvert 72. These culverts are fish -passage barriers according to WSDOT and WDFW; therefore, these barriers will be eliminated as part of the mitigation project too. EXHIBIT 10 MITFD Habitat Program Cornments to Revised NWS -2008-87 February 23, 2012 I-005 Thunder Hills Creek Mitigation culvert Page 2 The remaining project mitigation actions involve the construction of 760 lineal feet of new stream channel across the Panther Creek alluvial fan to the east so that flows can continue north in an improved stream channel condition. This new channel will connect with the stream/ditch feature that was relocated with the SR 167 Stage 3 project in 2005. The new stream should be constructed to retain as many of the existing trees as possible, including the large cottonwoods on site and the previous trees planted with the Stage 3 project. The new stream channel will also have 102 pieces of wood placed within the Ordinary High Water Mark to provide fish habitat, as well as, both banks replanted with native trees and shrubs for the length of the new channel. As a result, the stream channel portion of the mitigation project meets Special Condition "b" of NWS 2008-87. Special condition "c" of NWS 2008-87 was modified previously and agreed to by the regulatory agencies and our staff to provide WSDOT with sufficient time to design a mitigation culvert project that would meet the Special Permit Conditions and be able to obtain its own permits. We recognize that this was a lengthy and detailed process to achieve the Special Permit Conditions for this permit. The Corps' leadership and diligence created a forum that led to a cooperative mitigation outcome that will benefit fisheries resources and support implementation of the Tribe's treaty rights. We greatly appreciate the Corps' assistance with this project. Please call me if you have any questions at (253) 876-3116. Sincerely, , UJ_ . Karen Walter Cc: Jason Kunz, WDFW Terry Drochak, WSDOT Denis Law — CJ.ty ofd Mayor.; _y Department of Community and Economic Development December 19, 2011 Alex Pietsch, Ad m i nistrato r Maria Laura Musso Escude Washington State Department of Transportation 15700 Dayton Ave -N, MS -138 Post office Box 330310 EXHIBIT 11 Seattle, Washington 98133-971.0 RE: Noise Variance Request for Extension - Additional Hydraulic Work for a Fish Barrier Retrofits on the SR 167 Thunder Hills Creek Mitigation Project Dear Laura: The Develop ment'Services Director has reviewed your request for an extension to the Noise Variance granted to WSDOT for the SR 167 Thunder Hills Creek Mitigation Project received by e-mail December 16, 2011. The time extension for work to be completed by the end of December 2012 is approved as requested, subject to the conditions listed below. The number of approved nights is also extended to 30 nights of construction work. The City originally approved the noise variance request for this project following a public hearing in February of 2008. A delay in the project resulted in a request to continue the approved noise variance through the end of 2011, which was granted by the City, WSDOT has experienced further delays in the project construction to allow for discussion and agreement with the Muckleshoot Indian Tribe Fisheries Division, and the Washington State Department of Fish and Wildlife. The redesigned project has been approved by these agencies, and is now ready for construction beginning in February 2012. To accommodate this delay in construction, the noise variance will need to be extended for an additional year, which is approved. The project will complete additional drainage work near SR 1.67 within the City of Renton's jurisdiction, as shown in the included vicinity map. The project will complete additional mitigation items such. as a fish barrier and hydraulic retrofit work that is needed at the Thunder Hill Mitigation area near SR 167, except that the size of the replacement culvert will be updated to 19 -feet -2 -inches wide by 11 -feet 9 --inches high pipe arch. The work must be done at night in order to complete the work prior to the opening of the "fish window" from June 15 to September 30 when in -water work is prohibited. Renton City }call 9 1055 South Grady Way • Renton, Washington 98057 * rentonwa.gov Maria Laura Musso Escude Page 2 of 4 December 19, 2011 This project will temporarily close lanes and shoulders of SR 167 to complete the items Of work listed above. SR 167 currently operates above capacity, so WSDOT Construction Traffic Control specialists recommend that all lane closures on SR 167 should occur at night to minimize adverse impacts to traffic flows on those corridors and local City arterials. WSI50fi traffic construction group has determined that performing lane closures during the day would adversely impact local business, school bus, public transportation, and freight movement in addition to worsening traffic congestion along both corridors. Consequently, WSDOT traffic construction specialists recommend that the work should be performed at night when traffic volumes are lower and local traffic would be less impacted. CONDITIONS OF VARIANCE EXTENSION APPROVAL 1. If the conditions of this approved noise variance are violated, the Director may elect to revoke the variance approval. if the variance is revoked, a new public hearing may be scheduled to determine if the variance approval can be restored, and the appropriate conditions for renewingthe variance approval. 2, The permitted noise levels from 10 p.m. to 7 a.m., Monday through Friday, and 10 p.m. to 9 a.m., Saturday and Sunday, shall not exceed a 78 dBA hourly average level or an 88 dBA instantaneous maximum noise level for the project. 3. All vehicles shall be equipped with ambient sensitive type back-up warning devices. The contractor may use back-up observers in lieu of back-up warning devices for all equipment, except dump trucks, in compliance with WAC Chapters 296-155-610 and 296-155-615. The contractor shall use back-up observers and back-up warning devices for dump trucks, in compliance with WAC Chapter 296-155-610. All the equipment items that have back-up alarms installed must be checked and verified to see if they have a nighttime back-up alarm setting in place. 4. All trucks performing export haul shall have rubber bed liners to reduce noise impacts. The use of other noise reducing material, such as sand, may be used provided they result in comparable noise impact mitigation as rubber bed liners. The use of aluminum liners alone will not satisfythis mitigation requirement. 5. Truck tailgate banging is prohibited. All truck tailgates must be secured to prevent excessive noise from banging. 6. Construction and stationary equipment, such as light plants, generators, compressors, and jackhammers must utilize WSDOT approved noise Maria Laura Musso Escude Page 3 of 4 December 19, 2011 mitigation shields, noise blankets, skirts, or other means available as approved by the Engineer. 7.. All jackhammers and pavement breakers used on the construction site shall be fitted with manufacturer's approved exhaust mufflers. S. Any unwanted material shall be removed by sweeping. No scraping type equipment shall be used. during nighttime work to clean up unwanted materials in lieu of hand or street sweepers. Other normal construction uses of front-end loaders, track hoes, and dozers are allowed. 9. The Contractor shall provide written notification to all households within a 500 -foot radius from where nighttime construction work shall occur, at least 7 calendar days in advance of the proposed nighttime construction work every month if the nighttime construction may extend at that same location for more than 4 weeks or the nature of the work may change for example from paving shoulder to the placing of bridge pier casing. The notification shall include a 24-hour CONTRACTOR contact phone number. This notice shall also include the work location, start date and duration of the nighttime work. 10. WSDOT shall provide a 24-hour complaint number as well as a list of designated contact persons to whom to register complaints or voice concerns. WSDOT shall regularly post current project scheduling information, including a schedule of night work activities, on a WSDOT website for easy public access. The posted information shall include the nature of the nighttime construction activities, and associated mitigation measures to be deployed. The posted information shall include the project office contact phone number and the Renton Noise Comment phone number. 11. Initial resident complaints shall be responded to promptly by the designated contact person required in the above condition. If the same resident conti,ues to have complaints about the noise levels,.then WSDOT shall provide additional mitigation measures such as, but not limited to, shielding of noise source, or reducing use of certain types of equipment, or providing motel accommodations. 12. WSDOT and/orthe contractor shall provide a bi-monthly report listingthe number of work nights used to date. This report shall be mailed to the City of Renton, Attn: Neil Watts, Development Services Director, 1055 South Grady Way, Renton, WA 98057. 13. A copy of the noise variance and associated conditions shall be kept on the various project construction sites at all times. Maria Laura Musso Escude Page 4 of 4 Dece m ber 19, 2011 Vicinity Map You have 14 days from the date of this letter to appeal the administrative determination in accordance with City code. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250,00. Appeals must be filed with the City Clerk before Tuesday, January 3, 2012 at 5:00 p.m. You may contact Jan illian, at (425) 430-7216 if you have any questions or need additional information. Sincerely, Neil Watts, Director Development Services Division I= G regg Zimmerma n, Pu b5c Wo rks Adm in istrator jan Illian, Plan Review Specialist Seema Javer€, PE, WSDOT Project Englneer Parties of Record DEPARTMENT OF COMMUNITY -City of AND ECONOMIC DEVELOPMENT r r:�� PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: March 21, 2012 LAND USE ACTION FILE NO.: LUA12-002, CAR PROJECT NAME: Thunder Hills Mitigation Fish Barrier Retrofit Critical Areas Exemption PROJECT MANAGER: Jennifer Henning, Current Planning Manager OWNER/APPLICANT: City of Renton 1055 South Grady Way Renton, WA 98057 APPLICANT: Denise Cieri, Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office WSDOT 600108th Ave NE, Suite 405 Bellevue, WA 98004 CONTACT (if other than Owner): Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500 108th Ave NE, Suite 1200 Bellevue, WA 98004 PROJECT LOCATION: WSDOT St Rte 167 Right -of -Way at mile post 24.7 and 25.69. CRITICAL AREA: Panther Creek and Panther Creek Wetlands PROPOSAL DESCRIPTION: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1- 405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a EXHIBIT 12 City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Exemption Thunder Hills Mitigation Fish Barrier Retrofit tUA12-002, CAR March 21, 2012 Page 2 of 3 Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Restoration would be accomplished with native trees and shrubs. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. EXEMPTION JUSTIFICATION: Pursuant to 4-3-050:C.5.a.i — iii (Conservation, Enhancement, Education and Related Activities), of the Critical Areas Regulations and RMC 4- 3-050:C.5e.v (Roads, Parks, Public and Private Utilities)an exemption is hereby granted: X RMC 4-3-050:C.5.a.i - iii. Conservation, Enhancement, Education and Related Activities i. Natural Resource/Habitat Conservation or Preservation: Conservation or preservation of soil, water, vegetation, fish and other wildlife... ii. Enhancement activities as defined in chapter 4-11 RMC. iii. Approved Restoration/Mitigation: Any critical area and/or buffer restoration or other mitigation activities which have been approved by the City. X RMC 4-3-050.C.5e.v (Roads, Parks, Public and Private Utilities) v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.5: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation. 2. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval of this exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where wetland or buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. DECISION: An exemption from the critical areas regulations is approved for Panther Creek and the Panther Creek Wetlands. City of Renton Department of Com ty & Economic Development Certificate of Ex ion from Critical Areas Regulations Thunder Hills Mitigation Fish Barrier Retrofit Areas Exemption cuAl2-002LUA12-002, GAR DATE OF PERMIT: March 22, 2012 Page 3 of 3 DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C.E. "Chip" Vincent, Planning Director Planning Division 4— / ZZ 120 j -2 - Date APPEALS: Appeals of permit issuance must be filed with the City of Renton Hearing Examiner by 5:00 p.m. on April 4, 2012. Appeals must be filed in writing, together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there_ will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. EXPIRATION: Five (5) years from the date of decision (date of signature). D a City of Al -- DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M ID R A N D U M DATE: March 7, 2012 TO: Jennifer Henning, Planner FROM: Jan Illian, Plan Review SUBJECT: Utility and Transportation Comments for: Thunder Hills Mitigation SR 167— Between Milleposts 24.70 & 25.69 LUA 12-002, V-A, CAR I have reviewed the application for the Thunder Hills (Panther Creek) Mitigation Project located at SR 167, generally between Mileposts 24.70 and 25.69, and have the following comments: CODE REQUIREMENTS Storm Drainage 1. Erosion control shall comply with the Department of Ecology's Stormwater Management Manual. 2, City code requires compliance with the Critical Area Ordinance. The Critical Areas Study for the project has verified that it meets the city's compensatory storage requirements defined in Section 4-3- 050 of the Renton Municipal Code. 3. The project involves work within FEMA's 100 -year floodplain. Filling or grading below FEMA's regulated flood plain elevation of 16.00 (NGVD 29), will require compensatory storage to be provided per city code. 4. New culverts will need to be designed to accommodate future land use condition runoff for the 25 -year and 100 -year storm events in accordance with the city's design standards. 5. A downstream hydraulic analysis along the SW 23rd Street right-of-way, between SR- 167 and Springbrook Creek (SW 23'd St Channel), was provided. The analysis has verified that no flooding problems will result from the project. The analysis for the culvert has demonstrated a zero -rise in the 100 -year flood elevation. 6. Work within city right-of-way will require an easement for construction, access, and maintenance. It appears this requirement has been met. Thunder Hills Mitigation — LUA12-002 Page 2 of 2 March 7, 2012 Transportation 1. Any work affecting traffic in the city's right-of-way will require an approved traffic control plan from the City. As a portion of the project will require weekend closure of SR 167, submittals for re-routing traffic and early coordination with the City are required. 2. A noise variance will be required for work between the hours of 8:00 pm and 7:00 am. H:\CED\Planning\Current Planning\PROJECTS\12-002.Jennifer\Plan Review Comments LUA 12-002.doc City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Pim 1ea COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12-002, V-A, CAR C_)E.VELi OPIViE� SER DATE CIRCULATED: FEBRUARY 9, 2012 APPLICANT: Denise Cieri, WSDOT PROJECT MANAGER: Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SITE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A RECEIVE LOCATION: WSDOT SR -167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.S.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information I -Pacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the, Probable Probable More Environment Minor Major information Impacts Impacts Necessary Housing Aesthetics Li ht/Glore Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14, 000 Feet VICES IC We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date City of Renton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12-002, V-A, CAR i EVELOPMENT SERVK DATE CIRCULATED: FEBRUARY 9, 2012 ,, c APPLICANT: Denise Cieri, WSDOT PROJECT MANAGER: Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SITE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A RECEIVED LOCATION: WSDOT 5R-167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007_ The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek_ The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information Impacts Impacts Necessary Earth Air Water Plonts Land/shoreline Use Animals Environmental Health Energy/ Natural Resources No TNIf vt ewec i J16 i 31ae-4 B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts impacts Necessary Housing Aesthetics Li ht/Glare Recreation Utilities Trans ortotion Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We hove reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date 'ES City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: C9r COMMENTS DUE: FEBRUARY 23; 2012 APPLICATION NO: LUA12-002, V-A, CAR DATE CIRCULATED: FEBRUARY 9, 2012 APPLICANT: Denise Cied, WSDOT PROJECT MANAGER: Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SITE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A LOCATION: WSDOT SR -167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050.L.8_e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information impacts impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmentol Heolth Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major information impacts Impacts Necessary Housing Aesthetics Li htjGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with,partk*ar attention to those areas in which we have expertise and have identified areas of probable impact or areas why additionol information is needed tb properly, assess this proposal. Signature of Director of Authorized Representative Date MUCKLESHOOT INDIAN TRIBE Fisheries Division 39015-172 nd Avenue SE • Auburn, Washington 98092-9763 Phone: (253) 939-3311 • Fax: (253) 931-0752 February 23, 2012 Ms. Rebecca McAndrew Project Manager Regulatory Branch, Seattle District U.S. Army Corps of Engineers P.O. Box 3755 Seattle, WA 98124-3755 RE: Revisions to NWS -2008-87, WSDOT, I-405 Thunder Hills Creek culvert mitigation Dear Ms. McAndrew: Our Habitat Program staff have reviewed the JARPA materials for the proposed I-405 Thunder Hills Creek culvert mitigation project. This project will construct a new fish passable culvert to mitigate for the non -fish passable culvert that was replaced on Thunder Hills Creek, underneath I-405 as part of emergency work in 2008_ The original Nationwide Permit (NWS -2008-87) required that a culvert be replaced with a fish passable structure that would open a quantity of fish habitat similar to that blocked by the existing 1-405 Thunder Hills culvert. The culvert site and restoration methodology required our approval, with the location based on four priority areas outlined in the original permit, starting with the feasibility of replacing the existing Thunder Hills Creek culvert with a fish passable culvert. The mitigation project proposes to replace a culvert known as Culvert 72, which conveys a portion of Panther Creek and associated wetlands underneath SR 167. It is located within the 1-405 Renton Nickel project area and drains to the Springbrook Creek subbasin, thus meeting Special Permit Conditions a.ii. It is being designed using WDFW's 2003 Fish Passage Guidelines "stream -simulation design method", which was our requirement to ensure the highest likelihood of fish passage at this location over time. The details as to how the replacement culvert meets the stream simulation design method is provided in the attached memorandum from WSDOT to WDFW for your reference. In addition to the new stream simulation design culvert under SR 167 at Culvert 72, the mitigation project also involves blocking the current flow paths of Panther Creek under Culverts 65 and 66 in order to re- route the creek flow to the north to the Panther Creek wetland and eventually to Culvert 72. These culverts are fish -passage barriers according to WSDOT and WDFW; therefore, these barriers will be eliminated as part of the mitigation project too. METFD Habitat Program Comments to Revised NWS -2008-87 February 23, 2012 1-405 "Thunder Hills Creek Mitigation culvert Page 2 The remaining project mitigation actions involve the construction of 760 lineal feet of new stream channel across the Panther Creek alluvial fan to the east so that flows can continue north in an improved stream channel condition. This new channel will connect with the stream/ditch feature that was relocated with the SR 167 Stage 3 project in 2005. The new stream should be constructed to retain as many of the existing trees as possible, including the large cottonwoods on site and the previous trees planted with the Stage 3 project. The new stream channel will also have 102 pieces of wood placed within the Ordinary High Water Mark to provide fish habitat, as well as, both banks replanted with native trees and shrubs for the length of the new channel. As a result, the stream channel portion of the mitigation project meets Special Condition "b" of NWS 2008-87. Special condition "c" of NWS 2008-87 was modified previously and agreed to by the regulatory agencies and our staff to provide WSDOT with sufficient time to design a mitigation culvert project that would meet the Special Permit Conditions and be able to obtain its own permits. We recognize that this was a lengthy and detailed process to achieve the Special Permit Conditions for this permit. The Corps' leadership and diligence created a forum that led to a cooperative mitigation outcome that will benefit fisheries resources and support implementation of the Tribe's treaty rights. We greatly appreciate the Corps' assistance with this project. Please call me if you have any questions at (253) 876-3116. Sincerely, �m,j Karen Walter Cc: Jason Kunz, WDFW 'Ferry Drochak, W SDOT AfWashington state Department of Transportation February 15, 2012 T0: Pat Klavas Washington Department of Fish and Wildlife FROM: Ross Fenton/ Matt Gray (Consultant) 425.456.85381425.450.6232 Memorandum SUBJECT: 1-405, Thunder Hills Creek Mitigation 1 Fish Barrier Retrofit Project Panther Creek Stream Simulation The purpose of this memorandum is to identify how the proposed Panther Creek culvert replacement meets the Washington Department of Fish and Wildlife (WDFW) guidelines for culverts designed using the stream simulation option presented in the Design of Road Culverts for Fish Passage (WDFW, 2003). The design process involves six steps; suitability (selection) of the site; assessment of the adjacent stream reach; culvert type and size, and culvert bed configuration; culvert bed design; and bed material gradation and specification. Each of these steps is briefly discussed below along with a discussion on how it is achieved with the proposed WSDOT Panther Creek culvert. Suitability of the Site The WDFW guidelines identify the design process for determining suitability of the site in terms of slope. These guidelines suggest that culvert slopes of six percent and less are within the limits of stream simulation option_ In addition, the guidelines discuss restricting stream simulation culverts to those that have a slope ratio of 1.25 or less. The streambed material within the Panther Creek culvert at one percent is well below the identified six percent slope criteria. Slope ratio, as shown in Equation 1, is defined as the difference between the culvert bed slope (S ul,,) and the natural channel slope (S h), Slope _ Ratio = S ,, sch Equation 1 (WDFW, 2003, page 28) With the natural channel slope at the Panther Creek Wetlands so flat, this ratio is exceeded. However, the Panther Creek culvert site is considered a suitable site, based on this location being first proposed by and championed by the Muckleshoot Indian Tribe Fisheries Division (MITFD) for mitigation of the Thunder Hills Culvert failure. The US Army Corps of Engineers (USACE) permit for the Thunder Hills Creek culvert repair dictates that the mitigation "site and restoration methodology must be approved by" MITFD. WSDOT has proposed the best possible design at this location to meet MITFD preferences. Thunder Hills Creek Mitigation Fish Barrier Retrofit 1 of 3 February 15, 2012 ��` Washington State Memorandum v// Department of Transportation Based on the above, the proposed culvert replacement is a suitable site for using the stream simulation, option. Assessment of the Adjacent Stream Reach The stream simulation guidelines divide stream reaches into low and high gradient reaches for the purposes of design. Low gradient reaches are generally pool -riffle streams having a slope of less than four percent. High gradient streams are those streams with a slope greater than four percent step -pool or cascade -type channels. The Panther Creek project design provides for a channel slope of one percent. These low gradient channels are described in the manual as Scenario 1 Culverts. Under this criterion, Panther Creek at SR 167 is a low gradient reach and follows guidance for Scenario I culverts; therefore, the proposed culvert replacement follows the adiacent stream reach criterion of the stream simulation design process. Culvert Type and Size According the design manual the type of culvert used is a matter of preference as many types of culverts have been used to meet the stream simulation design process. The Panther Creek project proposes to use a structural plate pipe arch to meet this criterion. The size of the culvert is determined by estimating the minimum culvert bed width (W c11,11thed in feet) within any type of culvert using equation 2. wooen_bed = l •2 * W, + 2 Equation 2 (WDFW, 2003, page 29) In equation 2, the variable W�h is defined as the width of the bankful channel. Methods for determining the width of the bankful channel are described in Appendix H, Channel -Width Measurement, of the WDFW guidelines. However, a more conservative method, proposed by MITFD with WDFW concurrence, was adopted for this project which is based on average annual precipitation and basin area. The width of the bankful channel using this MITFD proposed approach is determined using the Equation 3: W, = 0,75 *WAGA5 * AApO.6t Equation 3 Using the prescribed method in Appendix H results in a bankful channel width of 9 feet. Using Equation 3 as proposed by MITFD results in the bankful channel width of 12.8 feet for the drainage area of 2.3 square miles (see Figure 1) and the average annual precipitation of 38.6 inches. Inserting the more conservative value (from Equation 3) into Equation 2, results in a calculated minimum culvert bed width of 17.4 feet_ With the 19'-2° wide by 11'-9" tall culvert selected for this project, the culvert bed width of 17.4 feet is provided at the top of the streambed material placed in the culvert; thereby, the culvert tVpe and size criterion is met with the Panther Creek culvert replacement- (Note e lacement_(Note that the culvert bed width is not simply the width of the culvert span because of the change in pipe arch geometry. The actual width provided is discussed in the next section.) Culvert Bed Configuration Thunder Hills Creek Mitigation Fish Barrier Retrofit 2 of 5 February 15, 2012 Washington State Memorandum Department of Transportation Culvert bed configuration addresses the amount of streambed material placed in the culvert and the use of rock bands. For low gradient culverts, defined as having a slope less than four percent, streambed material should be placed to a depth of 30- to 50 - percent of the culvert rise. The Panther Creek culvert replacement project places 6.2 feet of streambed material at the upstream inlet (corresponding to 53% of the culvert rise) and 5.5 feet of streambed material at the downstream inlet (corresponding to 47% of the culvert rise). With this amount of fill, the culvert bed width is 17.9 feet and 18.5 feet at the culvert inlet and outlet, respectively. These provided widths exceed the stream simulation requirement of 17.4 feet as calculated in the above section_ Rock bands are used to control grade and channel cross-section shape, form structure and provide a small low flow channel to encourage the channel to stay in the middle of the culvert. WDFW guidelines suggest composing the rock bands using rock with a diameter equal to twice the size of the estimated D100. The guidelines also suggest spacing rock bands so they are more than 25 feet from either end of the culvert and the maximum drop between crests does not exceed 0.8 feet. For the Panther Creek project the bands are composed of 1 -foot diameter rock, which is equal to twice the size of the estimated D140. Also, the rock bands are spaced more than 25 feet from either end of the culvert and spaced approximately 50 feet apart to provide 0.5 feet of drop between crests which meets the 0.8 feet maximum provided by the design manual. This bed configuration proposed for the Panther Creek culvert replacement meets WDFW stream simulation design criteria as defined by the height of the rock fill the use of rock bands, and the culvert bed width. Culvert Bed Design The design guidelines provide a number of methodologies to specify a stream bed material that is well graded and addresses bed stability at high flows. All three methodologies were reviewed; however, the unit discharge bed design methodology was followed because it produced the smallest size material that best fits the current conditions in Panther Creek. For Panther Creek, this method calculates the size of the Daq particle as approximately 0. 19 feet, based on the slope of 0.01 feet per feet, a 100 -year flow event of 181 cubic feet per second, and a bankful channel width of 17.9 feet. The culvert bed design criterion is met with the Panther Creek culvert replacement. Bed Material Gradation and Specification Determination of the stream bed mixture to be well graded and minimize permeability was based on the design guidelines. Ratios provided by the design guidelines of D,00, Daa, D50 and D1r, result in a well graded mixture. Concern for permeability of the streambed material resulted in increasing the fines. Application of the estimated streambed ratios to WSDOT standard streambed sediment and cobbles resulted in final gradation 50% streambed sediment and 50% of 6" cobbles. The combined gradation is provided in the below Table 1. The bed material gradation andspecification criterion is met with the Panther Creek culvert re Ip acement. Thunder Hills Creek Mitigation Fish Barrier Retrofit 3 of 5 February 15, 2012 M MWashington State Department of Transportation Memorandum Table 1. Proposed Streambed Material Gradation Summary The WDFVV Design of Road Culverts for Fish Passage provides a six step culvert design process to meet the stream simulation design option methodology. The proposed Panther Creek culvert replacement design meets each of the six guidelines. • Site selection was achieved by the identification and championing of the site by MITFD as prescribed in the USACD permit. • The proposed channel is a low gradient reach within the range of slopes available for stream simulation. • The proposed culvert type is a structural plate pipe arch which meets the preference guideline. • The culvert has been sized using the MITFD suggested approach for bankful channel width and the WDFW equation to determine the minimum culvert bed width. • The amount of streambed material placed in the culvert and the use of rock bands is within suggested culvert bed configuration guidelines. • Sizing of the streambed material follows the WDFW approach and adapted to WSDOT specifications. Thunder Hills Creek Mitigation Fish Barrier Retrofit 4 of 5 February 15, 2012 Streambed 6" Cobbles TOTA Approx. Size Min Percent Passing Max Percent Passing Alain Percent Passing Max Percent Passing Min Percent Passing Max Percent Passing 50% 50% 100% 12" 0 0 0 0 0 0 10" 0 0 0 0 0 0 6" 0 0 0 50 0 50 5' 0 0 35 45 35 45 4" 0 0 0 0 0 0 2.5" 1 0 50 0 0 0 50 2" 32.5 47.5 15 30 47.5 77.5 1" 25 42.5 0 0 25 42.5 0.75" 0 0 0 5 0 5 #4 13 22 0 0 13 22 #40 0 8 0 0 0 8 #200 1 2.5 1 4.5 0 0 2.5 1 4.5 Summary The WDFVV Design of Road Culverts for Fish Passage provides a six step culvert design process to meet the stream simulation design option methodology. The proposed Panther Creek culvert replacement design meets each of the six guidelines. • Site selection was achieved by the identification and championing of the site by MITFD as prescribed in the USACD permit. • The proposed channel is a low gradient reach within the range of slopes available for stream simulation. • The proposed culvert type is a structural plate pipe arch which meets the preference guideline. • The culvert has been sized using the MITFD suggested approach for bankful channel width and the WDFW equation to determine the minimum culvert bed width. • The amount of streambed material placed in the culvert and the use of rock bands is within suggested culvert bed configuration guidelines. • Sizing of the streambed material follows the WDFW approach and adapted to WSDOT specifications. Thunder Hills Creek Mitigation Fish Barrier Retrofit 4 of 5 February 15, 2012 4"Fe 01, 1, W& e .77 J1 EFI; :Yl MR, Ryan Kline 409 S 36`x' Street Renton, WA 98055 February 17, 2012 Jennifer Henning Current Planning Manager Department of Community & Economic Development City of Renton 1055 S Grady Way Renton, WA 98057 Dear Ms. Henning: As a proud and established resident of the City of Renton, I am writing to express my concern about recent discussion and the pending decision to remove 54 trees along the Panther Creek Wetlands as part of the proposed Thunder Hills Mitigation Project (Project No. LUA12-002, V- A, CAR; APN: 3023059002). The trees present on the site denoted in the Notice of Application provide a critical sound barrier between State Highway 167 and the adjacent neighborhood. As can be demonstrated through case studies, both by private and government entities, the impact of freeway noise on an existing community is invariably a deterioration of property values. This often has extended implications, such as: degraded quality and availability of commercial services, increased stress on public services (schools, police, fire, health), and urban sprawl (continued expansion away from existing infrastructure). All these are very real concerns should someone neglect to recognize the real value of some 54 existing trees. If the impacted area was already industrial or commercial development, there may be less cause for alarm. The area immediately adjacent to the proposed site, however, is an established residential area originally developed in the 1940s & 1950s. In fact, some of the residents have been in their homes since that time, others 20 and 30 years, and younger families have recently began to grow their roots. This community is a vital part of the City of Renton and should be valued as such. By either abandoning this project or by redesigning the project to preserve all of the existing trees between the highway and the neighboring residential properties, the City of Renton will demonstrate its true appreciation of its citizenship. Towards that end, I would request there be a public hearing so that HDR Engineering, the City of Renton, and others involved may hear directly from the residents impacted by this project. Thank you in advance for your consideration and response. Respectfully, i! Ry line Z Z�=GIbZ-O5�"7 I ' r t 'Z2 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12-002, V-A, CAR DATE CIRCULATED: FEBRUARY 9, 2012 IDEVELOF'MENT SERVI APPLICANT: Denise Cieri, WSDOT N PROJECT MANAGER: Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian FEP 0 9 2012 SITE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A RFmn cm LOCATION: WSDOT 5R-167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres_ In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Nan -Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impocts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources 8, POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS M116 Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Housing Aesthetics li hVGlore Recreation Utilities Tran ortation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet I4, 000 Feet We hove reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where ditional information is needed to properly assess this proposal. Signature of Director of -Authorized Representative Date CFS City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:fne I COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12-002, V-A, CAR DATE CIRCULATED: FEBRUARY 9, 2012 APPLICANT: Denise Cieri, WSDOT PROJECT MANAGER: Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SITE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A LOCATION: WSDOT SR -167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011- A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Environment Minor impacts Probable More Major information Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probable Probable More Environment Minor Major Information impacts Impacts Necessary Housin Aesthetics Li ht/Glore Recreation Utilities Transportation Public services Historic/Cultural Preservation Airport Environment 1 q 000 Feet 14, 000 Feet We hove reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. 2'12- �/ 2-0/12. Signatur Dir for or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: D COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12-002, V-A, CAR DATE CIRCULATED: FEBRUARY 9, 2012 APPLICANT: Denise Cieri, WSDOT PROJECT MANAGER: Jennifer Henning f qi PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SiTE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A t l f Y OF HENInN LOCATION: WSDOT SR -167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A ITY SERVIC SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2407. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek_ The impacted area would be approximately 0.80 acres_ In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minor Major information impacts Impacts Necessary Earth Air Water Plants Land/Shoreline Use Animais Environmental Health Energy/ Naturol Resources Element of the Probable Probable More Environment Minor Major information Impacts impacts Necessary Housing Aesthetics Li hVGlare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet al&t --6 /z--) x�x� B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS fo ES We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional informati n s needed to properly assess this proposal'AA g, %! _r6(/ Signature of Director or ut o zed Representative Date CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 9th day of February, 2012, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, Notice of Application documents. This information was sent to: Name Representing Bonnie Lindner - Accpt Ltr Contact Denise Cieri - Accpt Ltr Applicant 300' Surrounding Property Owners See attached (Signature of Sender): STATE OF WASHINGTON j SS COUNTY OF KING 40 I certify that I know or have satisfactory evidence that Stacy M. Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for'�Pl '�'P� r aes mentioned in the instrument. !�{��iiy�� Dated: a0 I Notary Pu is in and for the State of Washington Notary (Print): -} . A, 6, r- & My appointment expires: , ", 'Sk of Thunder Hills Mitigation Project PrajectNuTber LUA12-002, CAR, V-A 507000001002 AGOO SILVER D+GRACE T 3621 SHATTUCK AVE S RENTON WA 98055 507000012009 BEAN BRAD ERIC 402 S 36TH ST RENTON WA 98055 507000014005 BLISS SHIRLEY A 3604 SHATTUCK AVE S RENTON WA 98055 507000008007 CAMERINI DONALD A+CARMEL D 3503 SHATTUCK AVE S RENTON WA 98055 855700013003 COLBERT LOWELL 2606 TALBOT CREST DR S RENTON WA 98055 302305913303 DA VALLE STRADA 9125 10TH AVE S SEATTLE WA 98108 507000002000 GILLILAN ANNE LIVING TRUST 3615 SHATTUCK AVE S RENTON WA 98055 507000006001 HARVEY RICHARD D & FRANCINE 21015 148TH AVE SE KENT WA 98042 507000015002 HILLMAN LAWRENCE D+NANCY L 3620 SHATTUCK AVE S RENTON WA 98055 989920004003 302305911307 BALDRIDGE BRUCE T BAUTISTA EUGENIO C ]R+LYNEL 3422 SHATTUCK AVE S 3407 TALBOT RD S RENTON WA 98055 RENTON WA 98055 507000013007 302305912008 BERG BRIAN D & ANNABELLE L BICE MARK+PUI-KING WONG 408 S 36TH ST 32133 45TH PL SW #F-6 RENTON WA 98055 FEDERAL WAY WA 98023 507000005003 855700011007 BOSTICK HARRY G BROWN KERRY+ADDLINE 3527 SHATTUCK AVE S 2522 TALBOT CREST DR S RENTON WA 98055 RENTON WA 98055 302305910606 302305909202 CHINN MARY JEAN CHURCH PENNY R 2715 TALBOT RD S 3820 EAST VALLEY RD RENTON WA 98055 RENTON WA 98057 302305911802 855700025007 CSA INC LLC CUMMINGS RAYMOND+MARILYN L PO BOX 1941 2509 TALBOT CREST DR S AUBURN WA 98071 RENTON WA 98055 855700023002 989920001009 ESPEY DIANE FAST JOHN L & BETTY 2419 TALBOT CREST DR S 3431 SHATTUCK AVE S RENTON WA 98055 RENTON WA 98055 855700030007 855700020008 GOLDMANN CHARLES J GOLOGAN ADELA+ARBA SEBASTIA 2607 TALBOT CREST DR S 2401 TALBOT CREST DR S RENTON WA 98055 RENTON WA 98055 855700032003 302305909806 HEM OSCAR F HAWK JIM JR HEM C J 18330 SE LAKE HOLM RD 2619 TALBOT CREST DR S AUBURN WA 98092 RENTON WA 98055 855700028001 HOLZBOOG DAVID S+AMY L 2527 TALBOT CREST DR S RENTON WA 98055 855700017004 HURST CHARLES HERMAN 2325 TALBOT CREST DR S RENTON WA 98055 855700012005 302305908204JANZEN ANDREA] -KEG REST LT 302305904500 INTHAXAI TRINA 10100 SANDREA ]- E G KLINE RYAN+JESSICA 2528 TALBOT CREST DR S RICHMOND BB RIDGE W 409 S 36TH ST RENTON WA 98055 CANADA RENTON WA 98055 302305910705 507000004006 302305903601 KREBS FREDERICK D KUMARAN RUDRA+SAVITRI LEE BRANDON V 2703 TALBOT RD S 3603 SHATTUCK AVE S 2709 TALBOT RD S RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 507000011001 507000003008 855700018002 LERNER VICTORIA P+JOSHUA D LI CHUNMEI MAGNO LILY 0 3510 SHATTUCK AVE S 3609 SHATTUCK AVE S 2331 TALBOT CREST DR S RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 302305906703 855700031005 855700019000 MAGNUSON CARL A MCCLAIN CHARLIE W+ARNETTA MEDZEGIAN MARK A 3400 E VALLEY RD 2613 TALBOT CREST DR 2133 EDMONDS AVE NE RENTON WA 98055 RENTON WA 98055 RENTON WA 98056 507000007009 507000009005 302305901282 MOSS KATHERINE E MULLINS RUSSELL+DELORES NAKANISHI RUTH Y 3509 SHATTUCK AVE S 3500 SHATTUCK AVE S 3315 TALBOT RD S RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 855700027003 855700010009 855700021006 NESS ROSEMARY NGUYEN HUNG DAI NGUYEN THANG T 2521 TALBOT CREST DR S 2516 TALBOT CREST DR S 2407 TALBOT CREST DR RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 302305910101 855700022004 302305902702 OLYMPIC PIPELINE COMPANY PICKREIGN CYNTHIA J PIEROTTI LLC C/O BP AMERICA INC 2413 TALBOT CREST DR S 16113 SE 170TH PL PO BOX 5015 RENTON WA 98055 RENTON WA 98058 BUENA PARK CA 90622 507000010003 885767006004 302305905507 PRASAD SURESH+FLORENCE A PUBLIC HOSP DIST#1 KING CO SANTUARIO JUAN CARLOS+CORONA 1145 S 36TH PL VALLEY MED ATTEN FINANCE ROSA RENTON WA 98055 P 0 BOX 50010 411 S 36TH ST RENTON WA 98058 RENTON WA 98055 302305910408 302305907800 302305911703 SCC PROPERTY HOLDINGS SHELTON JULIE A SUNG WON CO LLC DEPT PT WA 08251 3411 TALBOT RD S 1100 106TH AVE NE #610 PO BOX 25025 RENTON WA 98055 BELLEVUE WA 98004 GLENDALE CA 91201 507000017008 855700026005 855700029009 THOMAN STEPHANIE TONSGARD PATRICIA L TRAUTMANN JOHN F 404 S 37TH ST 2515 TALBOT CREST DR 2601 TALBOT CREST DR S RENTON WA 98055 RENTON WA 98055 RENTON WA 98055 989920005000 302305911109 886050035007 TURNER TAMARA VALLEY VIEW PROFESSIONAL VALLEY VUE ESTATES 3426 SHATTUCK AVE S 350 S 38TH CT #210 HOMEOWNER ASSOC RENTON WA 98055 RENTON WA 98055 332 S 20TH PL RENTON WA 98055 507000016000 855700024000 302305904302 VICTOR B WILLIAMS BARTOW JR+MINNIE L WILSON PETER HARRISON 400 S 37TH 2503 TALBOT CREST DR S 24333 35TH AVE S RENTON WA 98055 RENTON WA 98055 KENT WA 98032 989920002007 WYSOCKI DORI 12626 5E 98TH ST RENTON WA 98056 City of enton Deportment of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: F`re, COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12-002, V-A, CAR DATE CIRCULATED: FEBRUARY 9, 2012 APPLICANT: Denise Cieri, WSDOT PROJECT MANAGER: Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SITE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A LOCATION: WSDOT SR -167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007_ The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.S.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres_ In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Environment Minor Impacts Probable More Major information Impacts Necessary Eorth Air Water Plants Lond/Shoreline Use Animals Environmental Health Energy/ Natural Resources Airport Environment 10,00OFeet 14, 000 Feet B. POLICY -RELATED COMMENTS C CODE -RELATED COMMENTS j Element of the Environment Probable Probable More Minor Major information Impacts impacts Necessary Housing Aesthetics Li ht/Glore Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,00OFeet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to pro ssess this proposal. Signature of Director or Authorized Representative Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 23, 2012 APPLICATION NO: LUA12--002, V-A, CAR DATE CIRCULATED: FEBRUARY 9, 2012 APPLICANT: Denise Cieri, WSDOT PROJECT MANAGER. Jennifer Henning PROJECT TITLE: Thunder Hills Mitigation Project PROJECT REVIEWER: Jan Illian SiTE AREA: 0.88 acres EXISTING BLDG AREA (gross): N/A LOCATION: WSDOTSR-167 ROW at Milepost 24.70 & 25.69 PROPOSED BLDG AREA (gross) N/A SUMMARY OF PROPOSAL: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 54 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Probable Probable More Environment Minar Major Information Impacts Impacts Necessary Earth Air water Plants Land/Shoreline use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Probabie Probable More Environment Minor Major Information impacts Impacts Necessary Housing Aesthetics Li ht/Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those Areas in which we have expertise and have identified areas of probable impact or areas where additional informatign is needed to properly assess this proposal. Signature of Director or Authorized Representative Date �_/W) a-uoZ 1-)"Y of Renton City of Renton r'iarirltgc� Division LAND USE PERMIT JAN MASTER APPLICATIOR�L,�c PROPERTY OWNER(S) NAME: City of Renton ADDRESS: 1055 S Grady Way CITY: Renton, WA ZIP: 98055 TELEPHONE NUMBER: APPLICANT (if other than owner) NAME: Denise Cieri Deputy Project Director, Eastside Corridor COMPANY (if applicable): 1-405 Corridor Project Office Washington State Department of Transportation ADDRESS: 600 108th Ave NE, Suite 495 CITY: Bellevue, WA ZIP: 98004 TELEPHONE NUMBER: 425/456-8509 CONTACT PERSON NAME: Bonnie Lindner, Permit Lead COMPANY (if applicable): HDR Engineering, Inc. ADDRESS: 500 108th Ave NE, Suite 1200 CITY: Bellevue, WA ZIP: 98004 TELEPHONE NUMBER AND EMAIL ADDRESS: Phone: 4251450-6239; Email: bonnie.lindner@hdrinc.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Thunder Hills Creek Mitigation Fish Barrier Retrofit PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: WSDOT State Route (SR) 167 Right -of Way (ROW) at mile post (MP) 24.70 and MP 25.69 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 3023059101 {Olympic Pipeline Temp Construction Easement) 3023059002 (City of Renton Culvert 72 Replacement) 3023059026 (City of Renton Panther Creek Relocation EXISTING LAND USE(S): Panther Creek Wetland Open Space Area PROPOSED LAND USE(S): No change from existing land use. EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) N/A EXISTING ZONING: (R-1) Residential 1 dulac PROPOSED ZONING (if applicable): MIA SITE AREA (in square feet): 38,335 (impact area) SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NIA NUMBER OF PROPOSED LOTS (if applicable) NIA NUMBER OF NEW DWELLING UNITS (if applicable): N/A 03A 1 l ..OJECT INFORMAI NUMBER OF EXISTING DWELLING UNITS (if applicable): NIA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NIA NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA IUNV conUlmea PROJECT VALUE: $5,000,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE NIA ❑ AQUIFIER PROTECTION AREA TWO NIA ❑ FLOOD HAZARD AREA 4,095 sq. ft. ❑ GEOLOGIC HAZARD 38,335 sq. ft. ❑ HABITAT CONSERVATION (same as 11VL)38,335 sq. ft ❑ SHORELINE STREAMS & LAKES NIA sq. ft. ❑ WETLANDS 38,335 sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE QUARTER OF SECTION 19130, TOWNSHIP 23 North, RANGE 5 East, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. See Attachment to Land Use Permit Master Application AFFIDAVIT OF OWNERSHIP I, (Print Name/s) _ 2, it r2, - - J �# f�cti��_ declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or i-1 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. Signature ofr/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledge it to be his/herltheir free and voluntary act for the uses and purpose mentioned int elmUment. ION 4at s' �0� A- Notary % Notary Public in and for the St to of Washington i lP�'� �I19G�G N'2 - Notary (Print): _ r v 'k,k�OF�yypSN\�?L My appointment expires: D -2- 03/i1 I ..OJECT INFORMATION (con,mued) ATTACHMENT TO LAND USE PERMIT MASTER APPLICATION Legal Description of Property (continued) 3023059101 (Olympic Pipeline) —Temporary Construction Easement All that portion of the hereinafter described PARCEL "A" lying within a tract of land beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 968+78 on SR 167 line survey of SR 167, S. 55th St. Vic. to SR 405 Vic. and 120 feet westerly therefrom; thence northerly paralle with said line survey to a point opposite HES 969+39.62 thereon; thence westerly to a point opposite HES FL 302+20.84 on the FL line survey of said Highway and 36 feet easterly therefrom to the easterly boundary line of E. Valley Rd.; thence southerly along said easterly boundary line to a point opposite HES 968+90.60 on SR 167 line survey of said Highway and 190 feet, m ore or less, westerly therefrom; thence easterly to the point or beginning. PARCEL "A" The north 100 feet of the northwest quarter of the northeast quarter of Section 30, Township 23 North, Range 5 East, W.M., inking County, Washington, lying west of Primary State Highway Number 5 (SR 167) and east of the East Valley Highway (92nd Avenue South)_ The lands herein described contain an area of 3,962 square feet, more or less, the specific details concerning all of which are to be foundon sheet 13 of that certain plan entitled SR 167, S. 55th St. Vic. To SR 405 Vic., now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval July 8, 2005, revised February 11, 2010. 3023059402 (City of Renton) — Culvert 72 Replacement A drainage easement over that portion of the hereinafter described PARCEL "A", described as follows: Beginning at a point on the easterly right of way margin of SR 167, said point being 120 feet easterly, as measured on a perpendicular from Highway Engineer's Station (hereinafter referred to as HES) 967+35 on the SR 167 line survey of State Route 167 as depicted on Sheet 13 of 14 Sheets on the Washington State Department of Transportation SR 167, S. 55th St. Vic. to SR 405 Vic_, Right of Way and Limited Access Plan, Approved and Adopted duly 8, 2005, revised February 11, 2010, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly 105 feet along said perpendicular to the intersection with a line 225 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with a line perpendicular to said line survey and passing through HES 968+51,43; thence westerly to the intersection of said easterly margin and a line perpendicular to said line survey and passing through HES 968+69.01; thence southerly along said easterly margin to the point of beginning. Containing an area of 13,148 square feet, more or less. -3- 03/ll I ..OJECT INFORMATION (comlliued) PARCEL "A" That portion of the north half of the northeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, lying easterly of the east margin of Primary State Highway No. 5 and westerly of a line drawn parallel and 340 feet easterly, measured at right angles, from the easterly margin of Primary State Highway No. 5. SUBJECT TO Easements recorded under Auditor's File Nos. 5868917, 7310260491 and 9408051268 3023059026 (City of Renton) — Panther Creek Relocation A drainage easement over that portion of the hereinafter described PARCEL "A", described as follows: Beginning at the point of intersection of the southerly line of said PARCEL "A" and the easterly right of way margin of SR 167, said point being 120 feet easterly as measured on a perpendicular from Highway Engineer's Station (hereinafter referred to as HES) 918+55f on the SR 167 line survey of State Route 167 as depicted on Sheet 9 of 14 Sheets on the Washington State Department of Transportation SR 167, S. 55th St. Vic. to SR 405 Vic. Right of Way and Limited Access Plan, Approved and Adopted July 8, 2005, revised February 11, 2010, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly on said southerly boundary to a point opposite HES 918+73± as measured on a perpendicular from said line survey to the intersection with a line 220 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with a line perpendicular to. said line survey and passing through HES 925+15; thence westerly 100 feet along said perpendicular line to a point on said easterly margin; thence southerly along said easterly margin to the point of beginning. Containing an area of 65,088 square feet, more or less PARCEL "A" That portion of the southwest quarter of the southeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington, described as follows: Beginning at a point on the north and south center line of said section 250 feet north of the south quarter corner; thence North 89106'03" East along the north line of a tract conveyed to Ivan G. Unbedacht and Phyllis Unbedacht, his wife, by deed recorded under Recorder's No. 4696849, a distance of 950 feet to the True Point of Beginning; thence north parallel with said center line 421.49 feet, more or less, to the northwesterly production of the southerly line of Mance Addition according to the plat recorded in Volume 68 of Plats, page 21, in King County, Washington; thence easterly along said production to the southwest corner of Lot 1 in said addition; thence northerly, easterly and northeasterly along the westerly boundaries of said addition to the north line of said southwest quarter of the southeast quarter; thence westerly along said north line to the easterly line of Primary State Highway No. 5, as condemned in King County Superior Court Cause No. 582233; thence southerly along said easterly line to the north line of said Unbedacht tract; thence North 89006'03" East 435 feet, more or less, to the True Point of Beginning. SUBJECT TO Easement recorded under Auditor's File No. 6561572. SUBJECT TO a prescriptive easement over the existing King County Wastewater Treatment Division sewer line. 4 03/11 PREAPPLICATION MEETING FOR IA's 12 20i2 WSDOT CULVERT CHANGES ,W1V" � PATHER CREEK CULVERT AT SR 169 AT SW 19T CITY OF RENTON Department of Community and Economic Development Current Planning Division PRE09-042 August 20, 2009 Contact Information: Planner Rocale Timmons Phone: 425-430-7219 Public Works Reviewer Jan Illian Phone: 425.430.7216 Fire Prevention Reviewer: Dave Pargas Phone: 425.430.7023 Building Department Reviewer: Craig Burnell Phone: 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre -application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community and Economic Development Administrator, Public Works Administrator and City Council). O FIRE & EMERGENCY SERVICES + a DEPARTMENT M E M O R A N D U M DATE: August 11, 2009 TO: Jan lliian, Plan Reviewer FROM: David Pargas, Assistant Fire Marshal, Community Risk Reduction SUBJECT: PRE -APP 09- 042 WSDOT Panther Creek Culvert Work. A review of the plans and material regarding the WSDOT Panther Creek Culvert project has been conducted and completed. My review has disclosed that Renton Fire & Emergency Services has no significant Fire Code and Policy concerns relating to this project. We do ask that if there may be any impact to our ability to respond in the area of where the work is being conducted that we be notified of the potential impacts at least 48 hours in advance. DP/ke c: Rocale Timmons, Planner DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: August 11, 2009 TO: Rocale Timmons, Planner FROM: Jan lllian, Plan Review SUBJECT: WSDCIT Panther Creek Culvert Work SR167 at SW 19" Street PRE 09-042 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non-binding and may be subject to modification and/or concurrence by official city decision - makers. 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. have completed a preliminary review for the above -referenced proposal. The following comments are based on the pre -application submittal made to the City of Renton by the applicant. Water 1. No comments. Sanitary Sewer 1. No comments. Storm Drainage 1. Erosion control shall comply with Department of Ecology's Stormwater Management Manual. 2. City Code requires compliance with the Critical Area Ordinance. 3_ The project involves work within FEMA's 100 -year floodplain. Filling or grading below FEMA's regulated flood plain elevation of 16.00 (NGVD 29), will require compensatory storage to be provided per City Code. 4_ New culverts will need to be designed to accommodate future land use condition runoff for the 25 -yr and 100 -yr storm events in accordance with the City's design standards. 5. A downstream hydraulic analysis along SW 23`d Street right of way between SR -167 and SpringbrookCreek (5W 23rd St Channel), will be required to verify that no flooding problems /1 WSDOT Panther Creek Page 2 of 2 August 17, 2009 will result from the project_ The analysis for the culvert will need to demonstrate a zero -rise in the 100 -yr flood elevation. 6. Work within City right of way will require an easement for construction, access, and maintenance. Transportation Any work effecting traffic in the City's right of way will require an approved traffic control plan from the City. cMocuments and settingslrtimmon0ocal settingsVemporary Internet fileslcontent.ontlook15rh4e9161wsdot panther creek ctulvert.doc Dm�, DEPARTMENT OF COMMUNITY AND �, ECONOMIC DEVELOPMENT V, �M E M O R A N D U M DATE: August 20, 2009 TO: Pre -Application File No. PRE 09-042 FROM: Locale Timmons, Associate Planner (425) 430-7219 SUBJECT: WSDOT Panther Creek Culvert — SR 167 at SW 191h Street 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, Development Services Director, Public Works Administrator, 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 on the City's website www,rentonwa.gov Project Proposal Washington State Department of Transportation (WSDOT) is proposing the blocking of two culverts and the replacement of another that conveys Panther Creek (a Class 2 stream) under State Route 167. This project is being proposed as part of mitigation for emergency culvert repairs to Thunder Hills Creek in 2007. The applicant is also proposing the rerouting of a portion of Panther Creek for future roadway improvements. Temporary impacts to the Panther Creek wetland are proposed due to construction activities. Much of the proposal is located outside the City's jurisdiction. The replacement of Culvert 72 and the relocation of Panther Creek would be within the City's jurisdiction. Critical Areas Panther Creek is a Class 2 stream which requires a 100 -foot buffer measured from the edge of the Ordinary High Water Mark (OHWM). Alterations to the stream and Its required buffer would require a variance pursuant to RMC 492508.10 Special Review Criteria — Public/Quasi-Public Utility or Agency Altering Aquifer Protection, Geologic Hazard, Habitat, Stream/Lake or Wetland Regulations. A Critical Area Exemption is required in order to replace Culvert 72. In addition the proposal would impact the Panther Creek Wetland; a Category 1 wetland. The applicant is required to submit a wetland and stream report, including a preliminary mitigation plan, with the formal land use application. The site is located in an area of susceptibility to liquefaction during seismic events. Due to subsurface conditions, a geotechnical report would be required to be submitted with the formal land use application. The site is also located in a Flood Hazard Area. Therefore an assessment of the proposal using NMFS Biological Opinion is required_ WSDaT Panther Creek August 20, 2009 Page 2 of 2 Significant Tree Retention A tree inventory of the work area and a tree retention plan shall be provided with the formal land use application. Permit Requirements 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 determination will .be made by the Renton Environmental Review Committee. In addition, the applicant will be required td disclose the amount of grading, in cubic yards, that is being proposed. 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. WSDQT intends on preparing a Documented Categorical Exclusion (DCE) for the project that will meet the requirements of the National Environmental Policy Act. Critical Areas Variance: A Critical Area Variance would need to be granted in order to relocate Panther Creek. As part of the variance process the burden would be on the applicant to provide justification and show that: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served; b. Each facility must conform to.the Comprehensive Land Use Plan and with any adopted public programs and policies; c. Each facility must serve established, identified public needs.- d. eeds;d. No practical alternative exists to meet the needs; e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located; g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; 1. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose; and j. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-25OF are followed. Critical Area Exemption: As the replacement of Culvert 72 would fall under the Natural Resource/Habitat Conservation or Preservation Exemption (RMC 4-3-150 C.5) the replacement would be exempt from the Critical Area regulations. Exempt activities provided with a letter of exemption may intrude into the critical area or required buffer subject to any listed conditions or requirements of that permit. All permits would be reviewed in an estimated timeframe of 12 weeks. The application fee for joint land use applications is full price for the most expensive permit, SEPA Review (Environmental Checklist), which is dependent on project value - less than $100,000 is $400 and project value over $100,000 is a $1,000 fee. At this time subsequent permits are half off: the Critical Areas Variance, heard by the Hearing Examiner, would be $250 (1/2 of $500 full fee). There is no fee for the Critical Area Exemption. .01 REQUEST FOR CRITICAL AREAS EXEMPTION (FOR SEPA EXEMPT ACTIVITIES) City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 S�00 Applicant Name Project Name Phone Number Washington State Department of Thunder Hills Creek Mitigation Fish Barrier Retrofit I 4251456.8509 Transportation; Attn: Denise Cieri Parcel Number Project Address 3023059002 (City of Renton Culvert 72 Replacement) WSDOT State Route (SR) 167 at mile post (MP) 25.69 between Interstate 405 and S 3023059101 (Olympic Pipeline Temp Construction Easement) 43rd Street Brief Description of Project The Washington State Department of Transportation (WSDOT) proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek Culvert (C) 52 located under 1.405 as required in Nationwide Permit (NWP) 23 issued by the U.S. Army Corps of Engineers (USACE) on March 3, 2008. The proposed project consists of three major components: Fill and plug C65 and C66; relocate the Panther Creek channel between C65 and C66; and replace the fish ladder and culvert at C72 with a fish passable culvert. The portion of the project outside of WSDOT right-of-way subject to this Critical Areas Exemption request are: 9 feet of C72 and the approach channel, impacting an area of 0.08 acre. Type of Critical Area WedandfStream ® Work Occurs in Critical Area ❑ Work Occurs in Buffer PURPOSE: Exempt activities provided with a letter of exemption from the Development Services Administrator may intrude into a critical area or required buffer (Subject to any conditions or requirements provided by the Administrator). APPLICABILITY OF EXEMPTIONS: The following is a general list of activities that may be exempt from the critical areas regulations. More specific descriptions of the activities are contained in the Critical Areas Regulations. Some of the listed activities may not be exempt in certain critical areas. The Planning Division will evaluate you request according to the City of Renton Critical Areas Regulations in RMC 4-3- 050C, J, L, and N. I AM REQUESTING A CRITICAL AREAS EXEMPTION FOR ONE OR MORE OF THE FOLLOWING ACTIVITIES: ® Conservation, Enhancement, and Related Activities: • Conservation or preservation of soil, water, vegetation, fish, and other wildlife • Enhancement activities as defined in chapter 4-11 RMC i • Any critical area, buffer restoration, or other mitigation activities that have been approved by the City ❑ Research and Site Investigation: • Nondestructive education and research • Site investigative work necessary for land use application submittals such as surveys, soil logs, etc. ❑ Agricultural, Harvesting, and Vegetation Management: -6- C:1pwworkinglsea1d06845951cdtareasexempt. doc 06109 • Harvesting wild foods • Existing/Ongoing agricultural activities' • Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazardous trees which have been certified as such by a forester, registered landscape architect, or certified arborist ❑ Surface Water Alteration: • New surface water discharges provided the discharge meets the requirements of the Storm and Surface Water Drainage Regulations' 2 3 • New or modified regional stormwater facilities' 2 3 ■ Flood hazard reduction 13 46 ❑ Roads, Parks, Public and Private Utilities: • Relocation of Existing Utilities out of Critical Area and Buffer • Maintenance, operation, and repair of existing parks, trails, roads, facilities, and utilities' 2 • Installation, construction, replacement, or operation of utilities, traffic control, and walkways within existing improved right -if -way or easement' 2 • Modification of existing utilities and streets by 90% or less' 2 5 • Management and essential tree removal for public or private utilities, roads and public parks' ❑ Wetland Disturbance, Modification, and Removal: • Any activity in small Category 3 wetlands' 2 3 a s • Temporary disturbances of a wetland due to construction activities that do not include permanent filling' 2 3 5 ❑ Maintenance and Construction for Existing Uses and Facilities: • Remodeling, replacing, or removing existing structures' 2 • Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed ' 2 • Construction activity connected with an existing single family residence or garage, provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure' 2 • Existing activities which have not been changed, expanded or altered provided they comply with the applicable requirements of chapter 4-10 RMC' ❑ Emergency Activities: • Removal of trees or ground cover by a City department, agency, public, or private utility in an emergency situation • Public interest emergency use, storage, and handling of hazardous materials by governmental organizations in an Aquifer Protection Area ADDITIONAL PERMITS: Additional permits from other agencies may be required. It is the applicant's responsibility to obtain these other approvals. Information regarding these other requirements may be found at http://aoos.ecy.wa,.Qovior)as/ -7- C:\pwworkingksealdO6W95\cdtareasexempt.doc 06/09 9 1, the undersigned, declare under penalty of perjury under the laws of the State of Washington, that to the best of my knowledge the above information is true and complete. Applicant Signature: Date. - 0"1 gmwyw 4 i 4i ' ww'ER ❑ Exemption Granted ❑ Exemption Denied C.E. "Chip" Vincent, Planning Director Planning Division Signature: Date: Conditions of Approval: 'Exemption does not apply in Aquifer Protection Areas 2 Exemption does not apply in Flood Hazard Areas 3Exemption does not apply in Geologic Hazard Areas 4 Exemption does not apply in Habitat Conservation Areas 5Exem ption does not apply in Streams and Lakes: Class 2 to 4 6 Exemption does not apply in Wetlands -8- C:lpwworkinglsea\d06845951critareasexempt.doc 06/09 r I �_ Washington State �'#li�r Hills Creek Mitigation *1/ Department of Transportation Fish Barrier Retrofit Project Narrative Project Name Thunder Hills Creek Mitigation Fish Barrier Retrofit Size and Location of the Site The size of the areas impacted within the City of Renton jurisdiction are: • Culvert 72 (C72), Approach Channel, and Temporary Construction Easement — 0.08 acres • Panther Creek Channel Relocation —0.80 acres The Project is located east of State Route (SR) 167 at mile posts (MP) 24.70 (Panther Creek Channel Relocation) and MP 25.69 (C72 Replacement and Approach Channel) between Interstate 405 (1-405) to the north and S 43rd Street to the south (see Vicinity Map). City of Renton Land Use Permits Required Critical Areas Exemption (Culvert 72 Replacement) Critical Areas Variance (Panther Creek Channel Relocation) Variance (Noise — Nighttime Work) Land Use Grade and Fill Permit Zoning Designation of the Site and Adjacent Properties The C72 replacement and Panther Creek channel relocation outside of WSDOT right- of-way are located within the Panther Creek Wetland Open Space area on the east side of SR 167. The site is zoned (R-1) Residential 1du/ac. Properties to the east of the project area are zoned (R-8) Residential 8du/ac and properties on the west side of SR 167 are zoned CA (Commercial Arterial). Current Use of the Site/Existing Improvements There is an existing culvert (C72) and fish ladder that will be replaced with the new culvert and approach channel. The Panther Creek channel relocation will occur within the Panther Creek Wetland Open Space. There are an existing City of Renton 12 -inch -diameter sewer line and an existing King County 18 -inch -diameter sewer line in this area. Washington State Department of Transportation Thunder Hills Creek Mitigation Fish Barrier Retrofit Project Narrative Special Site Features The following critical/sensitive areas have been identified in the project area: Flood Hazards/Floodplain Habitat Assessment The Panther Creek Wetland and the reach of Panther Creek that flows through Culvert 72 are designated as flood hazard areas per City of Renton Sensitive Areas maps. Based on the FEMA 2011 Floodplain Habitat Assessment and Mitigation Regional Guidance and the City of Renton code interpretation, a floodplain habitat assessment is not required for the proposal since Endangered Species Act Section 7 compliance has been completed. Seismic Hazards The entire project area is designated as a "High Seismic Severity" area per City of Renton Sensitive Areas maps. Streams Panther Creek is designated as a Class 2 (fish -bearing) stream. The stream sensitive areas map shows Panther Creek flowing through Panther Creek Wetland on the east side of SR 167, and flowing through Culverts 66 and 72. Wetlands The "Panther Creek Watershed Rehabilitation Plan" categorizes the Panther Creek Wetland on the east side of SR167 as a Category I wetland per City of Renton's code, and a Category I I wetland per the Washington Department of Ecology (WDOE) rating system. Other Critical Areas The remaining Critical Areas that are regulated by the City of Renton —Aquifer Protection, Landslide, Erosion, and Coal — do not appear within the project area on the City's sensitive areas maps. Soil Type and Drainage Conditions Soil near the east end of the C72 culvert is muck. Soil at the Panther Creek channel relocation is loam and gravelly sandy loam in the east Panther Creek Wetland and along the Panther Creek channel on the slope to the east of the site. Washington State Department of Transportation 2 Thunder Hills Creek Mitigation Fish Barrier Retrofit I Project Narrative Proposed Use of the Property and Scope of the Proposed Development WSDOT proposes to construct the Fish Barrier Retrofit Project as mitigation for emergency repairs to the Thunder Hills Creek Culvert (C) 52 located under 1-405. The proposed mitigation has been designed to meet the culvert replacement conditions of Nationwide Permit (NWP) 23 issued by the U.S. Army Corps of Engineers (USACE) on March 3, 2008, for emergency construction repairs to C52. The proposed project consists of three major components: • Fill and plug C65 and C66 with controlled density fill (CDF) concrete. The ends of the culverts will be buried as part of the filling of the existing channel described above. This element is within WSDOT right-of-way (ROW). Relocate the section of West Fork Panther Creek channel between C65 and C66 as part of mitigation for filling 150 feet of Thunder Hills Creek and 15 feet of the unnamed tributary to Thunder Hills Creek. The new channel meanders and its centerline will vary between 40 and 80 feet east of the existing channel, and has been sited to avoid future planned roadway improvements along SR 167. In total, 760 lineal feet of new stream channel would be created. Stream flow from the mainstem of Panther Creek would be diverted into the newly excavated stream channel, which would extend approximately 160 feet north of C66 and tie back into an existing stormwater discharge channel. Following construction of the new section of channel, the area would be replanted with native vegetation. The existing channel downstream of C65 along SR 167 will be filled in as requested by WDFW and replanted with native vegetation. In addition, an existing storm drain will be reconstructed to connect to the relocated West Fork of Panther Creek. • Remove the existing fish ladder and culvert at C72, and replace it with a fish passable arch culvert. Vegetation in Wetlands 24.7R and 25.5L in the vicinity of C72 would be temporarily cleared to allow for adequate construction staging and access. Open -cut trenching through SR 167 would involve removal of pavement and traffic barriers, and the weekend closure of SR 167. The existing culvert and fish ladder would be removed, and the new culvert would be assembled on-site and installed. SR 167 would be restored to pre -project conditions, and disturbed wetland areas would be revegetated with native woody vegetation. Project Features within the City of Renton (Outside of WSDOT ROW) The following project features/activities will occur outside of WSDOT ROW and are subject to the City of Renton jurisdiction: The proposed Panther Creek channel relocation from Culvert 65 and 66 is on City of Renton property. Planting of the disturbed area will also occur on City of Renton Property. Washington State Department of Transportation 3 Thunder Hills Creek Mitigation Fish Barrier Retrofit Project Narrative Approximately 9 feet of Culvert 72 and its approach channel are located outside of WSDOT ROW within the City of Renton. Planting of the disturbed area will also occur on City property_ Proposed Off -Site Improvements There are no proposed off-site improvements. Estimated Construction Cost and Fair Market Value $6,000,000 Fill/Excavation Quantities and Materials Fill Quantities: • Panther Creek Channel Relocation — 100 CY (streambed material for relocated channel) C72 Replacement — 580 cubic yards (streambed material for new approach channel) Excavation Quantities: Panther Creek Channel Relocation — 2,980 cubic yards C72 Replacement -- 650 cubic yards (for construction of approach channel) Area of Disturbance: • Panther Creek Channel Relocation — 0.80 acre • C72 Replacement -- 0.08 acre Tree Removal (Type, Size, and Quantities) A total of 79 trees were identified in the project area: 26 trees at C72 and 53 trees at the Panther Creek channel relocation. Nine trees will be retained at C72 and 13 trees at the Panther Creek channel relocation. The following tables identify the number, species, and size of trees that will be removed from the East Panther Creek Wetland. Culvert 72 Re lacement Tree Removal by Species and Size Scientific Name Common Name Diameter at Breast Height I]BH, inches Total Removed Total In Project Area —67 B 10 12 14 Fraxinus tatifoiia Oregon ash 1 1 2 2 Salix iucida Pacific willow 2 1 6 4 3 1s 24 Washington State Department of Transportation 4 Thunder Hills Creek Mitigation Fish Barrier Retrofit Project Narrative Panther Creek Channel Relocation Tree Removal by Species and Size Scientific Name Common Name Diameter at Breast Height (DBH, inches) Total Removed Total In Project Area 6 7 8 1 10 12 14 16 18 20 22 30 36 1 60 Alnus rubra Red aider 1 8 6 4 1 1 21 25 Populus balsamifera Black Cottonwood 1 1 1 1 1 1 1 1 1 9 16 Salix lucide Pacific willow 2 1 3 1 2 1 10 12 Agency Consultation/Coordination WSDOT has and continues to consult with the USACE, WDFW, the MITFD, and the City of Renton. National Environmental Policy Act (NEPA)/State Environmental Policy Act (SEPA) Compliance WSDOT has prepared a Documented Categorical Exclusion (DCE) for the project to meet the requirements of NEPA; the Federal Highway Administration signed the DICE on December 20, 2011. In addition, on December 8, 2011, WSDOT has issued a SEPA Environmental Checklist and Determination of Nonsignificance. Washington State Department of Transportation 5 Thunder Hills Creek Mitigation Fish Barrier Retrofit r Amh MWWashington State ,I�� i Thunder Hills Creek Mitigation Department of Transportation Fish Barrier Retrofit Justification for the Critical Areas Variance The City of Renton has determined that a Critical Area Variance would be needed for the relocation of Panther Creek channel as proposed for the 1-405 Thunder Hills Creek Mitigation Fish Barrier Retrofit Project (Project). As part of the variance process, the applicant must provide justification and show compliance with the criteria in Renton Municipal Code 4-9-250 B.10 as follows: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served, The public's health, safety, and welfare is best served by relocating the Panther Creek channel for the following reasons: 1. it will meet the conditions of Nationwide Permit (NWP) 23 issued by the U.S. Army Corps of Engineers (USA CE) on March 3, 2008, for emergency construction repairs to the Thunder Hills Creek culvert (C) 52 iocated under Interstate 405 (1-405))- 2. 1-405);2. The channel relocation is designed to accommodate future widening of State Route (SR) 167 in later phases of WSDOT's Tukwila to Renton improvement Project; and, 3. it is an element of the draft Panther Creek Watershed Rehabilitation Plan (PCWRP) prepared in 2007 for the 1-405, Tukwila to Renton Improvement Project (1-5 to SR 169 — Phase 2). Other elements of the plan will occur in later phases of the Tukwila to Renton improvement Project. 4. Relocating Panther Creek and plugging C65 and C66 will reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; While the Comprehensive Land Use Plan maps show the project site as Low Density Residential, it is part of the Panther Creek Wetland Open Space Area. The Panther Creek channel relocation is compatible with the existing land use. C. Each facility must serve established, identified public needs; As noted above, relocation of the Panther Creek channel is part of a larger project and will meet several needs: 1) mitigate for the emergency repairs to Washington State Department of Transportation 1 Thunder Hills Creek Mitigation Fish Barrier Retrofit -10 no e City of Renton Justification for Critical Areas Variance the Thunder Hills Creek culvert, 2) plan for future SR 167 improvements, 3) implement a component of the Panther Creek Watershed Rehabilitation Plan, and 4) reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. No practical alternative exists to meet the needs; On March 3, 2008, the USA CE issued a NWP 23 for emergency pipe replacement construction for a failed culvert conveying Thunder Hills Creek under 1-405. A condition of the permit required that WSDOT fund and complete replacement of a culvert that will open a quantity of fish habitat similar to that blocked by the existing 1-405 Thunder Hills Creek culvert. WSDOT was directed to first look at the 1-405 Thunder Hills Creek culvert and then any known fish barrier culvert in the 1-405 Renton Nickel Project area that drains to Springbrook Creek basin. WSDOT evaluated the Thunder Hills Creek culvert and concluded that it was not feasible to open up fish habitat through this culvert. The Muckleshoot Indian Tribe Fisheries Division (MiTFD) agreed with WSDOT's conclusion and agreed to move forward and look at fish barrier culverts in the 1-405 Renton Nickel project area. Further review of culverts in the area lead to the conclusion by WSDOT and the MIT that replacement of C72 was the best location with potential for fish passage improvement. It was also determined a key element of the project would be to block upstream C65 and C66 and implement a phase of the PCWRP by relocating a section of Panther Creek. The current mitigation direction (culvert replacement, culvert blockage, and channel relocation) has involved consultation with the MITFD, the USACE, the WDFW, and the WDOE through WSDOT's Multi -Agency Permit Team (MAPT) process. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; WSDOT will implement standard Best Management Practices during construction. Unavoidable impacts will be minimized and mitigated through standard WSDOT construction management practices. Washington State Department of Transportation 2 Thunder Hills Creek Mitigation Project Fish Barrier Retrofit City of Renton Justification for Critical Areas Variance The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located, Wetlands (see Critical Areas Study Prepared for this Project) The proposed project is expected to result in no permanent net loss to existing area, values, and functions in the East and West Panther Creek wetlands. Wetland structural elements related to nutrient/sedimentltoxicant filtration and adsorption will not be adversely impacted in the wetland, so there will be no net loss of water quality functions. Rerouting of water through East Panther Creek Wetland is not anticipated to change the vegetation communities in the wetland, or existing habitat for wetland -associated species such as amphibians. The temporary loss of wetland habitat due to vegetation removal will be mitigated by replanting all disturbed areas with native shrub and tree species within a few months of completion of earthwork activities. Streams The proposed replacement of C72 and creation of approximately 760 lineal feet of new Panther Creek channel through East Panther Creek wetland is the first phase of implementation of the PCWRP. The PCWRP has been designed to improve watershed -level limiting factors for salmonid species including. lack of salmonid refuge and nearing habitat, insufficient seasonal low -flows, lack of functioning riparian habitat, and the presence of fish passage barriers. There will be no net loss of aquatic habitat function in the West Fork of Panther Creek. Due to the extent of piped channel between the reach of West Fork of Panther Creek and Springbrook Creek, combined with highly degraded stream and riparian conditions, the West Fork of Panther Creek is likely a complete barrier to upstream salmonid fish passage. g. The proposed activities will not jeopardize the continued existence of endangered, threatened, or sensitive species as listed by the Federal government or the State; The project area was analyzed previously in the PCWRP and the Tukwila to Renton Improvement Project Biological Assessment (BA) and Biological Opinion (BO). The PCWRP and BA/BO were reviewed specifically to evaluate implementation of mitigation for emergency repairs to the Thunder Hills Creek culvert (including the Panther Creek channel relocation). Updated species lists and critical habitat maps were acquired from NOAA Fisheries, StreamNet, and the U.S. Fish and Wildlife Services (USFWS), and priority habitat and species maps from WDFW. No new species or critical habitat has been listed that was not addressed in the Tukwila to Renton Improvement Project BA. Washington State Department of Transportation 3 Thunder Hills Creek Mitigation Project Fish Barrier Retrofit City of Renton Justification for Critical Areas Variance Based on the above, it was determined that the proposed project impacts are consistent with elements of the PCWRP, and all potential impacts on listed species or critical habitat have been considered in the Tukwila to Renton Improvement Project BA and NMFS/USFWS BO. h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; The proposed project does not involve any discharges of waste materials to surface waters. The potential for inadvertent discharges of waste material during construction will be minimized through standard WSDOT construction management practices. The completed project does not involve any withdrawal or degradation of groundwater. Because construction of the stream channel is anticipated during the summer months (June through September), groundwater withdrawal (dewatering) is not anticipated. The approval as determined by the Hearing Examiner is a minimum variance that will accomplish the desired purpose; As noted above, relocation of the Panther Creek channel is part of a larger project to mitigate for the emergency repairs to the Thunder Hills Creek culvert, to plan for future SR 167 improvements, to implement a component of the PCWRP, and reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-250F are followed; The review of functions and values of wetlands and streams in the project area is based upon the following documents that meet the criteria in WAC 365-195-905: A. C. Kindig & Co. and Cedarock Consultants, Inc. City of Renton: Best available science literature review and stream buffer recommendations. February 23, 2003, report to the City of Renton. Cooke, S. and A. Azous. 1997. The hydrologic requirements of common Pacific Northwest wetland plant species. Pages 154-169 in Azous, A. L., and R.H. Homer (eds). Wetlands and Urbanization, implications for the future, Final Report of the Puget Sound Wetlands and Stormwater Management Research Program. Washington State Department of Washington State Department of Transportation 4 Thunder Hills Creek Mitigation Project Fish Barrier Retrofit City of Renton Justification for Critical Areas Variance Ecology. Olympia, WA; King County Water and land Resources Division; and the University of Washington. Seattle WA. Parametrix. 2004. Best available science ordinance review. June 28, 2004, memorandum to Jones and Stokes. Sheldon, D., T. Hruby, P. Johnson, K. Harper, A. McMillan, T. Granger, S_ Stanley, and E. Stockdale. 2005. Wetlands in Washington State — Volume 1: A Synthesis of the Science. Washington State Department of Ecology. Publication #05-06-006. Olympia, Wa. March 2005. Walters, M., R. Teskey, and T. Hinckley. 9980. Impact of water level changes on woody riparian and wetland communities. Volume Iii: Pacific northwest and Rocky Mountain regions. Fish and Wildlife Service, U.S. Dept. of the Interior FWS/OBS — 78/94. Washington, D. C. in addition, the following documents were reviewed and support the analysis in the Critical Areas Study. National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (USFWS). 2008. Endangered Species Act — Section 7 Consultation Biological Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for the 1-405 Tukwila to Renton Improvement Project (1-5 to SR 169 — Phase 2) Lower Cedar River, Cedar River Sixth Field HUC: 171100120106, 171100920302 King County, Washington. National Marine Fisheries Service, Northwest Region and U.S. Fish and Wildlife Service, Western Washington Office, Manch 3, 2008. WSDOT (Washington State Department of Transportation). 2000. Wetland Functions Characterization Tool for Linear Projects. June 2000. WSDOT (Washington State Department of Transportation). 2007. Panther Creek Watershed Rehabilitation Plan: Preliminary draft for Multi - Agency Permitting Team (MAPT) review. May 2007. Washington State Department of Transportation 5 Thunder Hills Creek Mitigation Project Fish Sarner Retrofit City of Renton TREE RETENTION WORKSHEET 1. Total number of trees over 6" in diameter' on project site: 1. 79 trees Culvert 72: 26 Panther Creek Channel: 53 (see attached spreadsheets) 2. Deductions: Certain trees are excluded from the retention calculation: Trees that are dead, diseased or dangerous2 6 trees Trees in proposed public streets 0 trees Trees in proposed private access easements/tracts 0 trees Trees in critical areas3 and buffers 0 trees Note: The entire project site is within critical areas and buffers; therefore all trees to be removed ere located in critical areas and buffers Total number of excluded trees: 2. 6 trees 3. Subtract line 2from line 1: 3. 73 trees 4. Next, to determine the number of trees that must be retained 4, multiply line 3 by: . in zones RC, R-1, R-4, or - 0.1 in all of er resi ential zones 0,05 in all commercial and industrial zones 4. 22 trees 5. List the number of 6" or larger trees that you are proposing5 to retain 4: Culvert 72: 9 5. 22 trees Panther Creek Channel: 13 6. Subtract line 5 from line 4 for trees to be replaced: 6. 0 trees (If line 6 is less than zero, stop here. No replacement trees are required). 7. Multiply line 6 by 12" for number of required replacement inches: 7. NIA inches 8. Proposed size of trees to meet additional planting requirement: (Minimum 2" caliper trees required) 8. N/A inches per tree 9. Divide line 7by line 8for number of replacement trees6: (if remainder is .5 or greater, round up to the next whole number) 1. Measured at chest height. 9. 0 trees 2. Dead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect, or certified arborist, and approved by the City. 3Critical Areas, such as wetlands, streams, floodpiains and protected slopes, are defined in Section 4-3-050 of the Renton Municipal Code (RMC). 4_ Count only those trees to be retained outside of critical areas and buffers. 5' The City may require modification of the tree retention plan to ensure retention of the maximum number of trees per RMC 4-4-13OH7a e. Inches of street trees, inches of trees added to critical areas/buffers, and inches of trees retained on site that are less than 6" but are greater than 2" can be used to meet the tree replacement requirement. C:Ipwworking�sea1d049288I \Thunder Hills TreeReten tion WorksheetRO 112.22,1 t .docx 12/08 i Washington State CP Department of Transportation Proposed Construction Dates Start Date: May 2012 End Date: December 2012 Thunder Hills Creek Mitigation FiAh Barrier Retrofit Construction Wd", fi "8rfs .IAN .d 2 ("ii,r 11� j Replacement of Culvert 72 and the relocation of the Panther Creek channel are anticipated to occur between June 15 and September 30. Final site restoration and planting will occur in the Fall 2012. Hours and Dates of Operation Construction operations will occur during normal work days and hours, except operations will continue from Friday night to Monday morning for up to two weekend closures of SR 167 to remove and replace the culvert. Fill Source Statement WSDOT will notify the City of Renton of the material source once selected by the contractor. No new facilities or material sources will need to be developed for this project. Proposed Haul ing/Transportation Routes Access to the construction site will be primarily off of SR 167 with some access from East Valley Road for a limited amount of work required along the west side of SR 167. Access will be limited to authorized personnel only. There is no public access to the site. During open -cut trenching of SR 167, traffic from SR 167 will be re-routed along City of Renton arterials within half a mile of the west side of SR 167. Measured to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise and other noxious characteristics The location of project improvements is the result of USACE Permit Conditions and discussions with the Muckleshoot Indian Tribe representatives. The location of the proposed culvert has been chosen to minimize ground disturbance and wetland hydrology while maximizing fish passage. The proposed culvert will replace the existing culvert and fish ladder. The old culvert will be removed and the proposed culvert will be installed along the same alignment. Washington State Department of Transportation 9 Thunder Hills Creek Mitigation Fish Barrier Retrofit City of Renton Construction Mitigation Measures The size of the culvert has been significantly increased to meet the USACE permit conditions to provide for a fish passage culvert. The location of the proposed stream channel has been selected to meet NWP 23 requirements for creating new stream channel and to avoid future planned roadway projects impacts. The stream location has also been designed to minimize impacts to significant trees and to the existing sewer line. Best Management Practices (BMP) to be implemented may include, but are not limited to: • Minimization of the construction footprint to the extent practicable • Installation of high -visibility fence around all sensitive areas that are to remain undisturbed • Installation of erosion control, including silt fence • Installation of construction entrances • Containment of any runoff on-site using erosion and water quality control BMPs during construction • Disposition of initial dewatering by the contractor by an approved method • Installation of silt fence and/or cofferdam to isolate in -water work area as appropriate depending on ground conditions • Revegetation of all disturbed areas with native plant species Minimize Dust Air emissions during construction would include dust from clearing and grading, diesel exhaust from operation of heavy equipment, and emissions associated with paving. These emissions will be controlled in accordance with Puget Sound Clean Air Agency (PSCAA) requirements. The contractor will be required to adhere to all applicable federal, state, and local air quality regulations. These regulations cover temporary construction conditions such as dust, smoke, and emissions. Minimize Traffic and Transportation Impacts Standard construction practices, safety measures, and traffic control measures will be required of the contractor. A Traffic Management Plan and emergency services and public outreach will be used to coordinate the short-term, weekend closure of SR 167 between 1-445 and SW 43rd Street interchange for the culvert removal and replacement. During open -cut trenching of SR 167, traffic from SR 167 will be re-routed along City of Renton arterials within half a mile of the west side of SR 167. Portable Changeable Message signs and other related traffic control signs will be in place a minimum of five (5) working days prior to the weekend closure(s). Local and regional emergency Washington State Department of Transportation 2 Thunder Hills Creek Mitigation Project Fish Barrier Retrofit City of Renton Construction Mitigation Measures service providers will be given advance notice of the closure period and traffic detour route. Minimize Erosion Mud Erosion risk is low because the site is generally flat. WSDOT will implement standard Best Management Practices for design and construction. If there are any unavoidable effects to local soils and geology from project construction, these effects will be mitigated through standard WSDOT construction practices and the 1-405 Programmatic Commitments. Based on WSDOT's commitment in following these compliance measures, effects from soils and geology will be few, if any. No substantial adverse effects to soil and geology are anticipated from the project. Minimize Noise The contractor will be required to adhere to all applicable federal, state and local noise regulations governing construction activities. Other Excavation below 4.5 feet in depth will be monitored by a qualified archaeologist. Any special hours proposed for construction or hauling (i.e. weekends, late night) Open -cut trenching of SR 167 for culvert replacement will require the contractor to close SR 167 in Renton between SW 43rd Street and 1-405 from Friday night to Monday morning for up to two weekends to remove and replace the culvert. Preliminary traffic control Access to the construction site will be primarily off of SR 167 with some access from East Valley Road for a limited amount of work required along the west side of SR 167. Access will be limited to authorized personnel only. There is no public access to the site. During open -cut trenching of SR 167, traffic from SR 167 will be re-routed along City of Renton arterials within half a mile of the west side of SR 167. Portable Changeable Message signs and other related traffic control signs will be in place a minimum of five (5) working days prior to the weekend closure(s). Local and regional emergency service providers will be given advance notice of the closure period and traffic detour route. Washington State Department of Transportation 3 Thunder Hilts Creek Mitigation Project Fish Barrier Retrofit After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 Document Title: Easement Reference Number of Related Document: NIA Grantor: City of.Renton Grantee: State of Washington, Department of Transportation Legal Description: Ptn of the N'/ of the NEV of Section 30, Township 23 North, Range S East, W.M., King County Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: Pin 302305-9002-0.1 EASEMENT State Route 167, S. 55th St. Vic. to SR 405 Vic. The Grantor, CITY OF RENTON, a Washington municipal corporation, for and in consideration of a DONATION, hereby conveys and grants unto the State of Washington, acting by and through its Department of Transportation, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, an easement over, under, upon and across the hereinafter described lands for the purpose of constructing, operating, monitoring and maintaining a drainage facility as shown on the State's approved construction plans Job No. 10A006, and any associated future modifications. Said lands being situated in King County, in the State of Washington, and described as follows: For legal description and additional conditions, see Exhibit A, and as depicted on Exhibit B, both attached hereto and made a part hereof. FA No. F-167 ( ) RES -324 Project No. U40502F Revised 46110 Page 1 of 5 pages Parcel No. 1-23252 EASEMENT The City of Renton's donation of Parcel No. 1-23252 to the State of Washington is made voluntarily and with fail knowledge of its entitlement to receive just compensation therefore. The City of Renton hereby waives the State of Washington from obtaining an appraisal of the acquired property. The State shall, upon completion of construction of said project described herein, remove all debris and restore the surface of the property as nearly as possible to the condition immediately prior to the State's entry thereon, excepting any modifications or improvements made as part of the construction project. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Dated , 2012 CITY OF RENTON, a Washington municipal corporation DENIS LAW, Mayor Accepted and Approved STATE OF WASHINGTON, Department of Transportation Jolm L. Jensp<Northwest Region Real Estate Services Mana er, Authorized Agent Date: RES -324 Page 2 of 5 pages Parcel No. 1-23252 EASEMENT STATE OF WASHINGTON Rx19 County of King On this day of , 2012, before me personally appeared DENIS LAW, to me known to be the Mayor of the City of Renton, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. RES -324 Page 3 of 5 pages Parcel No. 1-23252 EASEMENT EXHIBIT A A drainage easement over that portion of the hereinafter described PARCEL "A", described as follows, Beginning at a point on the easterly right of way margin of SR 167, said point being 120 feet easterly, as measured on a perpendicular from Highway Engineer's Station (hereinafter referred to as HES) 967+35 on the SR 167 line survey of State Route 167 as depicted on Sheet 13 of 14 Sheets on the Washington State Department of Transportation SR 167, S. 55th St. Vic. to SR 405 Vic., Right of Way and Limited Access Plan, Approved and Adopted July 8, 2005, revised February 11, 2010, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly 105 feet along said perpendicular to the intersection with a line 225 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with aline perpendicular to said line survey and passing through IBES 968+51.43; thence westerly to the intersection of said easterly margin and a line perpendicular to said line survey and passing through HES 968+69.01; thence southerly along said easterly margin to the point of beginning. Containing an area of 13,148 square feet, more or less. PARCEL "A" That portion of the north half of the northeast quarter of Section 30, Township 23 North, Range 5 East, W.M,, in the City of Renton, King County, Washington, lying easterly of the east margin of Primary State Highway No. 5 (now. SR 167) and westerly of a line drawn parallel and 340 feet easterly, measured at right angles, from the easterly margin of Primary State Highway No. 5 (now SR 167). SUBJECT TO Easements recorded under Auditor's File Nos. 5868917, 7310260491 and 94{18051268. Grantor's Initials RES -324 Page 4 of 5 pages Parcel No. 1-23252 EASEMENT EXHIBIT B ---EASEMENT ' -------------------------------------------------- I 969+19.53 P.O.T. i t l 970 RES -324 Page 5 of 5 pages Parcel No. 1-23252 DETERMINATION OF NONSIGNIFICANCE (DNS) fru J 2 p,� SR 1.67 MP 24.70 TO MP 25.69 THUNDER HILLS CREEK MITIGATION FISH BARRIER RETRO' 'r`=moi ;1i Description of proposal: The Washington State Department of Transportation (WSDOT) is proposing to remove the existing fish ladder and SR 167 culvert C72 and replace it with a fish passable arch culvert. Existing culverts C65 and C66 will be filled and plugged to direct surface water through the East Panther Creek Wetland on the east side of SR 167. The Panther Creek channel between C65 and C66 will be relocated to the east an estimated 50 to 80 feet. Stream flow from the mainstem of Panther Creek will be diverted into the newly excavated stream channel, which will extend approximately 160 feet north of C66 and tie back into an existing stormwater discharge channel. The existing stormwater channel along the east side of SR 167 between the culverts C65 and C66 inlets will be filled. WSDOT anticipates construction will begin in May 2012 and will be complete by the end of 2012. All in -water work, including dewatering and fish exclusion, is anticipated to occur between June 15 and September 30, 2012. Proponent: Washington State Department of Transportation Location of proposal, including street address, if any: The entire project is within the City of Renton, King County, Washington. The SR 167 C72 culvert replacement is 0.6 mile south of the SR 167/I-405 interchange. The East Fork Panther Creek channel relocation is about 1.5 miles south of the interchange, on the east side of SR 167. The project is in sections 19 and 30, T. 23N, R. 5E, W.M. Lead agency: Washington State Department of Transportation The lead agency for this proposal 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 43.21 C.030 (2)( c). This decision was made after review of a completed environmental checklist and other information on File with the lead agency. The document is available to be read at: The Determination of Nonsignificance, supporting checklist and attachments, and a supporting Documented Categorical Exclusion form can be found at WSDOT's Eastside Corridor Projects office by contacting William Jordan at (425) 456-8647. The document can be read at the following location from 8:00 am until 5:00 pm: Eastside Corridor Projects 600 — 100 Avenue NE, Suite 405 Bellevue, WA 98004 Page 1 of 2 Copies are also available for review at the hallowing locations: Renton Public Library, Renton Public Library Highlands Branch, Foster Library, and University of Washington Library (Suzzalo). This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below, on which this notice was signed_ Comments must lie submitted by December46, 2412. Con fact person, if other than responsible official: William Jordan Phone: (425) 456-8647 Email: William.Jordan@i405.wsdat.wa.gav Responsible D%ficial: Denise Cieri, P.E. PositionlTitle: Deputy Project Director, Eastside Corridor Phone: (206) 382-5279 Address: 600 — 108"` Avenue NE, Suite 405, Bellevue, WA 98004 Date\70. i " Signature: * 6L &A� Page 2 of 2 ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: SR 167 MP 24.70 to MP 25.69 Thunder Hills Creek Mitigation Fish Barrier Retrofit 2. Name of proponent: Washington State Department of Transportation (WSDOT) 3. Address and phone number of proponent and contact person: Proponent: Denise Cieri; P.E. Deputy Project Director, Eastside Corridor Washington State Department of Transportation 600 — 108th Avenue NE, Suite 405 Bellevue, WA 98004 Contact person: William Jordan I-405 Corridor Environmental Manager Washington State Department of Transportation 600 — 108th Avenue NE, Suite 405 Bellevue, WA 98004 (425) 456-8647 4. Date checklist prepared: December 7, 2011 5. Agency requesting checklist: Washington State Department of Transportation b. Proposed timing or schedule (include phasing, if applicable): Construction will be May through December, 2012. All in -water work; including dewatering and fish exclusion, is anticipated to occur between June 15 and September 30, 2012. 7. Are there any plans for future additions, expansions, or further activity related to or connected with this proposal? if yes, explain. Yes. This project is an element of the draft Panther Creek Watershed Rehabilitation Plan prepared in 2007 for the I-405; Tukwila to Renton Improvement Project (I-5 to SR 169 Phase 2). Other elements of the plan will occur in later phases of the Tukwila to Renton Improvement Project. The culvert replacement and channel relocation are designed to accommodate future widening of SR 167 in later phases of the Tukwila to Renton Improvement Project. Printed 12/8/2011 8. List any environmental information you know about that has been, or will be prepared, directly related to this proposal. Biological Assessment Update for State Route: I-405, Tukwila to Renton Improvement Project; NEPA Documented Categorical Exclusion form and supplemental material; Request for Concurrence — No Historic Properties Determination, January 11, 2010; Department of Archaeology & Historic Preservation concurrence letter, January 12, 2010; Archaeological Subsurface Testing on I-405/Thunder Hills Creek Mitigation, King County, Washington, January 8, 2010; JARPA form: 1-405, Tukwila to Renton Improvement Project (I-5 to SR 169 — Phase 2) Final Environmental Assessment and Discipline Reports; and I-405, Tukwila to Renton Improvement Project (1-5 to SR 169 -- Phase 2) Finding of No Significant Impact 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by the proposal? If yes, explain. No. 10. List any government approvals or permits that will be needed for the proposal, if known. Washington Department of Ecology (WDOE) NPDES Construction Stormwater General Permit; Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval; City of Renton Critical Areas Variance (stream relocation); City of Renton Critical Areas Exemption (for C72 culvert replacement); City of Renton Noise Variance (for nighttime construction); and City of Renton Fill and Grade Permit. 11. Give brief, complete description of the project including (but not limited to) its size, general design elements, and other factors that will give an accurate understanding of its scope and nature. Key construction elements of the Thunder Hills Creek Mitigation Project are as follows: • Fill and plug C65 and C66 with controlled density fill (CDF) concrete. The ends of the culverts will be buried as part of the filling of the existing channel described above. This element is within WSDOT right-of-way (ROW). Relocate the section of West Fork Panther Creek channel between C65 and C66 as part of mitigation for filling 150 feet of Thunder Hills Creek and 15 feet of the unnamed tributary to Thunder Hills Creek. The new channel meanders and its centerline will vary between 40 and 80 feet east of the existing channel, and has been sited to avoid future planned roadway improvements along SR 167. In total, 760 lineal feet of new stream channel would be created. Stream flow from the mainstem of Panther Creek would be diverted into the newly excavated stream channel, which would extend approximately 160 feet north of C66 and tie back into an existing stormwater discharge channel. Following construction of the new section of channel, the area would be replanted with native vegetation. The existing channel downstream of C65 along SR 167 will be filled in as requested by WDFW and replanted with native vegetation. In addition, an existing storm drain will be reconstructed to connect to the relocated West Fork of Panther Creek. 2 Printed 1218!2011 Remove the existing fish ladder and culvert at C72, and replace it with a fish passable arch culvert. Vegetation in Wetlands 24.7R and 25.5L in the vicinity of C72 would be temporarily cleared to allow for adequate construction staging and access. Open -cut trenching through SR 167 would involve removal of pavement and traffic barriers, and the weekend closure of SR 167. The existing culvert and fish ladder would be removed, and the new culvert would be assembled on-site and installed. SR 167 would be restored to pre -project conditions, and disturbed wetland areas would be revegetated with native woody vegetation. 12. Location of the proposal. The entire project is within the City of Renton, King County, Washington. The SR 167 C72 culvert replacement is 0.6 mile south of the SR 16711-405 interchange. The East Fork Panther Creek channel relocation is about 1.5 miles south of the interchange, on the east side of SR 167. The project is in sections 19 and 30, T. 23 N, R.5E, W.M. Plans are in Attachment A. B. ENVIRONMENTAL ELEMENTS 1. Earth A. General description of the site: (flat, rolling hills, steep slopes, mountainous, other). The site is flat. b. What is the steepest slope on the site (approximate percent of slope)? The steepest slopes are the SR 167 embankment. The east embankment at culvert C72 has a slope of about 33%. C. What general types of soils are found on the site (e.g., clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Soil near the east end of the C72 culvert is muck. Soil at the Panther Creek channel relocation is loam and gravelly sandy loam in Wetland 24.7R and along the Panther Creek channel on the slope to the east of the site. d. Are there any indications of a history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. The following filling and grading will occur outside of wetlands and surface waters: • 540 cubic yards (cy) will be excavated and 510 cy of select borrow will be placed upslope on the upstream side of C72 55 cy will be excavated and 45 cy of select borrow will be placed upslope of the downstream side of C72 Filling and grading within surface waters and wetlands are discussed in 3.a.3. Printed 12/8/2011 Fill material source will be watershed pit or import for berms and streambed material. Existing culverts C65 qnd C66 will be plugged with controlled density fill (CDF) from an offsite source. Culvert installation backfill material will be from an offsite source. f. Could erosion occur as a result of clearing, construction, or land use? if so, generally describe. Erosion could occur during construction where ground cover is removed. Erosion risk is low because the site is generally flat. g. About what percent of the site would be covered with impervious surfaces after project construction (e.g., asphalt, buildings)? The project will not add impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: WSDOT will implement standard Best Management Practices (BMPs) for construction. BMPs to be implemented may include, but are not limited to: • Minimizing the construction footprint to the extent practicable; • Installation of high -visibility fence around all sensitive areas that are to remain undisturbed; • Erosion control installation -- silt fence installation either by machine or hand; • Installing stabilized construction access points limited to the fewest number possible; • Containment of any runoff on-site using erosion and water quality control BMPs during construction; • Silt fence and/or coffer dam to isolate in -water work area depending on ground conditions; and • Revegetation of all disturbed areas with native plant species. If there are any unavoidable effects to local soils and geology from project construction, these effects will be mitigated through standard WSDOT construction practices and the I-405 Programmatic Commitments. Based on WSDOT's commitment in following these compliance measures, effects from soils and geology will be few, if any. No substantial adverse effects to soils and geology are anticipated from the project. 2. Air a. What types of emissions to the air would result from the proposal (e.g., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? if any, generally describe and give approximate quantities, if known. Air emissions during construction would include dust from clearing and grading, diesel exhaust from operation of heavy equipment, and emissions associated with paving. Emissions will be controlled in accordance with Puget Sound Clean Air Agency (PSCAA) requirements. Particulate emissions will vary from day to day depending on the level of construction activity, specific operations, and weather conditions. Particulate emissions will depend on the soil's moisture and silt content, wind speed, and the amount and type of equipment operating. Larger 4 Printed 12/8/2011 dust particles will settle near the source, and fine particles will disperse over greater distances from the construction site. The quantity of fugitive dust or particulate emissions will be proportional to the area of construction operations and level of activity. There will not be any emissions from the completed project. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. M C. Proposed measures to reduce or control emissions or other impacts to the air, if any: WSDOT will adhere to all applicable federal, state, and local air quality regulations. These regulations cover temporary construction conditions such as dust and vehicle emissions. Proposed measures to reduce or control vehicle emissions include, but are not limited to: • Use flaggers at roadways to reduce queuing and vehicle idling time; • Use best available control technologies; and • Perform proper vehicle maintenance. Proposed measures to reduce or control dust include, but are not limited to: • Spray exposed soil and storage areas with water during dry periods; • Cover soil stockpiles with plastic or other appropriate cover; • Cover loads of excavated material being transported from the construction area; • Sweep and/or wash dirt/mud from vehicles prior to leaving the construction area; and * Install and maintain rock pads at construction area entrances and exits. 3. Water a. Surface 1) Is there any surface water body on, or in, the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The project is on and in the vicinity of the East Fork and West Fork of Panther Creek, Wetlands 24.7R (also known as East Panther Creek Wetland) and 25.5L (also known as West Panther Creek Wetland). Both forks of Panther Creek are year-round streams. The East Fork connects to the City of Renton P9 channel which flows into Springbrook Creek. The West Fork enters a piped system in East Valley Road and eventually drains into Springbrook Creek. These waterways are in the Duwamish/Green Water Resource Inventory Area (WRIA-9). Wetland 24.7R is a depressional wetland over 57 acres in size, located east of SR 167 between SW 43rd Street and the northbound on-ramp to I-405 extending easterly to the toe of a forested slope. It is rated as a Category 11 wetland by WDOE and Category I wetland by the City of Printed 12/8/2011 Renton. Surface water discharges from the wetland through culverts C65, C66 and C72 to open channels and piped systems to Springbrook Creek. Wetland 25.51, is a long, narrow depressional wetland located immediately west of SR 167 and east of East Valley Road. It is rated as a Category III wetland by WDQE and the City of Renton. Wetland 25.51, is approximately 6.5 acres in size and extends approximately one mile between SW 23rd Street and SW 41st Street. Surface water discharges from the wetland through open channels and piped systems to Springbrook Creek. 2) Will the project require work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes. The project will relocate the section of Panther Creek channel between culverts C65 and C66 to the east 50 to 80 feet and direct surface water through Wetland 24.7R. The project will replace culvert C72 with a fish passable arch culvert under SR 167 connecting the east portion of Wetland 25.5L and west portionof Wetland 24.7R. See Attachment A for plans. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface waters or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. The amount of fill and dredge material placed in or removed from surface waters or wetland are summarized in the following table. Printed 12/8/2011 Wetland! Surface Type of Amount of Material Water Name Activity (fill, to be Placed in or Dredged/ Activity (affected site excavation/ Removed from Fill Material Excavated Causing Impact area in sq. ft.) dredge) WetlandlWaterbody Type [source] Material Type Construction of Excavation 650 cy out -- Wetland soils approach channel Wetland 24.7R upstream of C72 (4500) ' Fill 580 cy in Streambed material [1] Removal of existing culvert @ l=ast Fork Dredge/ Channel bed, C72, installation Panther Creek Excavation 231 cy out (net) -- road prism and backfill of new (3,245) culvert Modification of East Fork Dredge 55 cy out -- Channel bed channel Panther Creek Panther 45 cy in Streambed downstream of C72 material [1] Modification of Dredge 6 cy out Wetland soils channel Wetland 25.51 - Fill 1 cy in Streambed downstream of (140) C72 material [1] Panther Creek Excavation 3,070 cy out - Wetland soils Channel relocation Wetland 24.7R Streambed upstream of (22,830) C65/66 Fill 105 cy in material [1] Printed 12/8/2011 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities, if known. The project will divert Panther Creek flows from existing SR 167 culverts C65 and C66, which will be plugged, into the Wetland 24.7R. Peak flows from Panther Creek into the Wetland 24.7R are expected to increase by approximately 36.9 cubic feet per second (cfs) and 38.8 cfs during the two-year and ten-year storm events, respectively. 5) Does the proposal lie within a 100 year floodplain? If so, note location on the site plan. Yes. The culvert relocation is within a floodplain. See the Attachment E far the flood hazard map. Based on the FEMA 2011 Floodplain Habitat Assessment and Mitigation Regional Guidance and the City of Renton code interpretation., a floodplain habitat assessment is not required for the proposal since ESA Section 7 compliance has been completed. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. The proposal does not involve any discharges of waste materials to surface waters. The potential for inadvertent discharges of waste material during construction will be minimized through standard WSDOT construction management practices. b. Ground 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose and approximate quantities, if known. Groundwater will be withdrawn during construction as needed to dewater the trench for the C72 culvert replacement. Water will not be discharged to groundwater. Printed 12/8/2011 Wetland! Surface Type of Amount of Material Water Name Activity (fill, to be Placed in or Dredged/ Activity (affected site excavation/ Removed from Fill Material Excavated Causing Impact area in sq. ft.) dredge) Wetland/Waterbody Type [source] Material Type Fill in existing West Fork Crushed aggregate/ channel upstream Panther Creek Fill 200 cy in existing topsoil of C65/C66 (2,720) Ill Connect existing channel to West Fork Dredge 20 cy out Silts, gravels relocated Panther panther Creek Creek Channel (970) upstream of Fill 10 cy in Existing soil [1] -- C65/C66 Plug inlets of West Fork C65/C66 Panther Creek Fill 2 cy in CDF [2] -- (g If) Fill Material Source: [1] Watershed pit or import [2] Offsite If —linear feet 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose and approximate quantities, if known. The project will divert Panther Creek flows from existing SR 167 culverts C65 and C66, which will be plugged, into the Wetland 24.7R. Peak flows from Panther Creek into the Wetland 24.7R are expected to increase by approximately 36.9 cubic feet per second (cfs) and 38.8 cfs during the two-year and ten-year storm events, respectively. 5) Does the proposal lie within a 100 year floodplain? If so, note location on the site plan. Yes. The culvert relocation is within a floodplain. See the Attachment E far the flood hazard map. Based on the FEMA 2011 Floodplain Habitat Assessment and Mitigation Regional Guidance and the City of Renton code interpretation., a floodplain habitat assessment is not required for the proposal since ESA Section 7 compliance has been completed. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. The proposal does not involve any discharges of waste materials to surface waters. The potential for inadvertent discharges of waste material during construction will be minimized through standard WSDOT construction management practices. b. Ground 1) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose and approximate quantities, if known. Groundwater will be withdrawn during construction as needed to dewater the trench for the C72 culvert replacement. Water will not be discharged to groundwater. Printed 12/8/2011 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (e.g., 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 served (if applicable) or the number of animals or humans the system(s) are expected to serve. No buildings or septic systems would be affected by the proposed project. Therefore, no waste material would be discharged into the ground from septic tanks or other sources. No waste material will be discharged into the ground. There are no waste water disposal systems or septic tanks associated with the project. C. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The project will not increase the amount of impervious surface. No runoff will be generated by the project. 2) Could waste material enter ground or surface water? If so, generally describe. The completed project will convey runoff carried by Panther Creek flowing from upstream of the project, and runoff from properties adjacent to the site that drain to Panther Creek and Wetland 24.7R. Adjacent areas include the SR 167 freeway. If waste material were to enter the ground water, it would be through uncontrolled, non -project -related runoff during heavy rains or through accident -related spills. There is a potential for surface water contamination during construction from spills or leaks of fuel and other fluids. d. Proposed measures to reduce or control surface, ground and runoff water impacts, if any: The potential for inadvertent discharges of waste material during construction will be minimized through standard WSDQT construction management practices. These practices may include, but are not limited to: • Limiting construction to minimum construction corridor widths through sensitive areas to lessen temporary impacts; • Limiting construction through the impacted wetlands during the drier months of July, August, and September; • Minimizing the area of disturbance to the amount necessary for construction of project features; • Stabilizing exposed soils with a vegetative cover or other erosion control treatment immediately following construction; • Directing runoff away from unstabiiized soils, slowing runoff with structures, and installing silt fence to catch particulates; • Developing, implementing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) to minimize erosion and sediments from rainfall runoff at construction sites, and to reduce, eliminate, and prevent the pollution of stormwater; and Printed 12/8/2011 Providing dewatering treatment disposal systems and a plan for these systems to meet any code or permit requirements. 4. Plants a. Types of vegetation found on the site. Wetland 24.78 upstream of C72 is a deciduous forested wetland vegetation community comprised mainly of Pacific willow (Salix lucida) with sparse understory vegetation. Black cottonwood (Populus balsamifera) trees are located on the SR 167 road prism, at and upslope of the wetland boundary. Wetland 24.7R near culverts C65 and C66 is a deciduous forested wetland community dominated by Black cottonwood, with an understory of Sitka willow, pacific willow saplings, and reed canarygrass (Phalaris arundinacea). Wetland 25.5L downstream of C72 is a scrub -shrub wetland community dominated by redosier dogwood (Cornus stolonifera) and scattered pacific willow trees with sparse understory vegetation. Wetland 25.5L downstream of C65 and C66 is primarily an emergent wetland community dominated by dense reed canarygrass. b. What kind and amount of vegetation will be removed or altered? Approximately 1.1 acres of wetland vegetation will be removed to construct the project. Disturbed areas will be revegetated with native wetland species found in undisturbed portions of the wetland. C. List threatened or endangered species known to be on or near the site. The Environmental Assessment and Draft Section 4(f) Evaluation for the I-405, Tukwila to Renton Improvement Project (1-5 to SR 169 — Phase 2), March 2008, evaluated the project area vegetation and identified five categories of upland vegetation. No federally listed upland species are known to inhabit the study area. The project location is not listed on the Washington State Department of Natural Resources Natural Heritage inventory for listed plant species. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Disturbed areas will be revegetated with native woody vegetation. 5. Animals a. Birds or animals which have been observed on or near the site or are known to be on or near the site. Cutthroat Trout Western Brook Lamprey Sculpin Longnose Dace Speckled Dace Largescale Sucker Threespine Stickleback b. List any threatened or endangered species known to be on or near the site. Chinook Salmon 9 Printed 12/8/2011 Coho Salmon Steelhead Trout C. Is the site part of a migration route? If so, explain. The forested land use cover types in the study area have a relatively high degree of use by wildlife for cover, foraging, nesting, and denning areas, as well as migration corridors. However, forested land use cover types are typically small and surrounded by more urbanized areas, limiting use by larger mammals. Springbrook Creek and the lower reaches of Panther Creek are used by Chinook salmon for upstream and downstream migration. d. Proposed measure to preserve or enhance wildlife, if any: All in -water work, including dewatering and fish exclusion, is anticipated to occur between June 15 and September 30, contingent upon WDFW approval of work windows. Best Management Practices (BMP) to be implemented may include, but are not limited to: + Minimizing the construction footprint to the extent practicable + Installation of high -visibility fence around all sensitive areas that are to remain undisturbed Erosion control installation Containment of any runoff on-site using erosion and water quality control BMPs during construction Providing dewatering treatment disposal systems and a plan for these systems to meet any code or permit requirements. • Silt fence and/or coffer dam to isolate in -water work area depending on ground conditions Revegetation of all disturbed areas with native plant species b. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove or solar) will be used to meet the completed projects energy needs? Describe whether it will be used for heating, manufacturing, etc. The completed project will not use energy, except for occasional maintenance of the culvert. b. Would the project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. None. 7. Environmental Health 10 Printed 12/8/2011 a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. The risk of environmental incident is always present during construction. Standard construction methods and traffic control measures will be employed to minimize the risk of an incident. 1) Describe special emergency services that might be required. The project will require up to two weekend closures of SR 167 for removal and replacement of culvert C72 under and across SR 167. The closure will be allowed on separate weekends or combined on the same weekend. Local and regional emergency service providers will be given advance notice of the closure period and traffic detour route. No emergency services will be required after construction. 2) Proposed measures to reduce or control environmental health hazards, if any: Standard construction practices, safety measures, and traffic control will be implemented. Discovered potentially hazardous waste will be handled in accordance with Environmental Protection Agency, Department of Ecology, and local health regulations. b. Noise 1) What types of noise exist in the area which may affect your project (e.g., traffic, equipment, operation, other). None. 2) What types and levels of noise would be created by or associated with the project on a short term or long term basis (e.g., traffic, construction, operation, other)? Indicate what hours noise would come from the site. During construction, noise levels may temporarily increase due to equipment and activities. Upon completion, noise would return to pre -project levels. Maximum noise levels from construction equipment will range from 69 to 106 dBA at 50 feet. Peak noise levels from the earth -moving equipment will be about 90 to 96 dBA at 50 feet. Construction noise at residences farther away will decrease at a rate of 6 dBA per doubling of distance from the source. At 500 feet from the source, noise will be about 20 dBA lower than 50 feet from the source. The culvert C72 replacement site is about 520 feet away from residences to the east. The Panther Creek channel relocation site is as close as 230 feet from residential property to the east. Construction noise is expected to exceed nighttime limits at both residential and commercial properties. Construction noise will come from the site both in the daytime and nighttime. Nighttime construction work will be required at the culvert C72 replacement site when SR 1.67 can be closed to traffic. Up to two SR 167 closureswill be allowed. The project will not create or be associated with any long term noise. 3) Proposed measures to reduce or control noise impacts, if any: Printed 12/8/2011 WSDOT will adhere to all applicable federal, state, and local noise regulations governing construction activity. Best Management Practices (BMP) to be implemented may include, but are not limited to: * Ensuring the adequacy of mufflers on all engines; * Minimizing idling time of equipment and vehicle operation; and * Operating equipment only during hours approved by each jurisdiction. WSDOT will obtain a noise variance from the City of Renton for required nighttime work. The conditions for variance approval may include: 1. All vehicles must be equipped with ambient sensitive backup warning devices. The contractor may use back-up observers in lieu of back-up warning devices for all equipment except dump trucks in compliance with WAC Chapters 296-155-610 and 296-155-615. The contractor shall use back-up observers and back-up warning devices for dump trucks in compliance with WAC Chapter 296-155-610. 2. All tracks performing export haul must have well maintained bed liners as inspected and approved by the engineer, or new rubber or aluminum or approved bed liners. 3. Truck tailgate banging is prohibited. All truck tailgates must be secured to prevent excessive noise from banging. 4. Construction and stationary equipment, such as light plants, generators, compressors, and jackhammers must utilize WSDOT approved noise mitigation shields, noise blankets, skirts, or other means available as approved by the engineer. 5. A copy of each noise variance or exemption shall be kept on the project site at all times. 6. Provide a 24-hour complaint answering service as well as a list of designated contact persons shall be provided for the purpose of forwarding complaints. 7. After two substantiated continuing complaints within the area of the work are received and reviewed by WSDOT acoustics staff, a WSDOT acoustic specialist will perform noise measures at the right-of-way line of affected residents. if noise levels are above the allowed threshold, the contractor will provide additional mitigation measures such as, shielding of noise source, or reducing use of certain types equipment, ear plugs, white noise machines, etc. S. Any unwanted material should be removed by sweeping. 9. The contractor shall provide written notification to all households within a 500 -foot radius from where nighttime construction work shall occur, at least 7 calendar days in advance of the proposed nighttime construction work every month if the nighttime construction may extend at that same location for more than 4 weeks or the nature of the work may change for example from paving shoulder to the placing of bridge pier casing. The notification shall include a 24-hour contractor contact phone number. This notice shall also include the work location, start date and duration of the nighttime work. S. Land and Shoreline Use a, What is the current use of the site and adjacent properties? The site is open space and wetland. b. Has the site been used for agriculture? If so, describe. 12 Printed 12/8/2011 The site was part of the agricultural use of this area of the Green River Valley from the late 19`}' century when agricultural drainage was built and before construction of the SR 167 freeway in the 1960's. Completion of a flood control dam on the upper Green River in the 1960s allowed commercial and industrial development west of SR 167. C. Describe any structures on the site. There is a fish ladder east of the culvert C72 inlet. d. Will any structure be demolished? If so, what? The fish ladder structure will be removed. e. What is the current zoning classification of the site? The portions of the site in state right of way are not subject to zoning. Portions in the City of Renton are in R-1, 1 -acre residential zoning. f. What is the current comprehensive plan designation of the site? City of Renton Low Density Residential. g. If applicable, what is the current shoreline master program designation of the site? Not applicable. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Parts of the site are in City of Renton. mapped Erosion Hazards, Flood Hazards, Liquefaction Hazards and Seismic Hazards sensitive areas. i. Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None required. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project is compatible with existing and projected land use. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 13 Printed I2/8/2011 None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None required. 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? No structure is proposed. b. What views in the immediate vicinity would be altered or obstructed? The project will have short-term alteration of views toward the site from adjacent roadways, SR 167 and East Valley Road where vegetation including trees are removed for construction of the replacement culvert and the relocated Panther Creek channel. C. Proposed measures to reduce or control aesthetic impacts, if any: The relocated Panther Creek channel and areas disturbed by construction around the culvert replacement will be replanted with native tree and shrub species tolerant of the forest and scrub - shrub wetland environments. 11. Light and Glare a. What types of light or glare will the proposal produce? What time of day would it mainly occur? Project operation will not produce light or glare. Construction will occur primarily during daytime hours. There will be up to two closures of SR 167 for replacement of culvert C72 when nighttime contruction will be required. There will be vehicle and work area lighting sources from this nighttime work activity. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: Nighttime construction work area lighting will be shielded to direct lighting away from potentially impacted properties and sensitive areas. 12. Recreation 14 Printed 12/8/2011 a. What designated and informal recreational opportunities are in the immediate vicinity? None. The Panther Creek Wetland open space area east of SR 167 does not have public access. b. Would the proposed project displace any existing recreational uses? if so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project, if any: None required. 13. Historic and Cultural Preservation a. Are there any places on or objects listed on or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. If so, generally describe. There are no historic structures or sites on or next to the site. Archeological subsurface testing was conducted in the project Area of Potential Effects (APE) on December 7, 10 and 16, 2009 and found no cultural materials. See Attachment C for the WSDOT Request for Concurrence including the January 8, 2010 report on archaeological subsurface testing. The State of Washington Department of Archaeology and Historic Preservation (DAHP) concurred in a finding of`No Historic Properties Affected" for the Thunder Hills Creek Mitigation Project. The DAHP January 12, 2010 letter of concurrence is Attachment D. C. Proposed measures to reduce or control impacts, if any: • The final design for the facilities, including depths of excavation indicated by location, will be reviewed by a WSDOT Cultural Resources Specialist prior to construction; • WSDOT will have a qualified archaeologist monitor excavation of the channel restoration below 4.5 feet in depth; and • WSDOT will conduct a pre -construction meeting with construction personnel in which the Unanticipated Discovery Plan will be reviewed. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access to the site is from SR 167 and is limited to authorized personnel only. There is no public access to the site. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 15 Printed 12/8/2011 No. Transit stops are located on SW 43rd Street at East Valley Road, about 1,800 feet south of the channel relocation site, but not accessible from the site. Stops are also located on Lind Avenue SW at SW 21" Street, about 0.6 mile from the C72 culvert replacement site via East Valley Road and SW 19th Street. C. How many parking spaces would the completed project have? How many would the project eliminate? The project will not have any parking spaces or eliminate any parking spaces. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: None required for project operation. During constructionthe SR 167 closure will be allowed on separate weekends or combined on the same weekend for replacement of culvert C72. A Traffic Management Plan will be prepared for the design and operation of a detour route for weekend SR 167 closure. 15. Public Services a. Would the project result in an increased need for public services (e.g., fire protection, police protection, health care, schools, other)? If so, generally describe. The completed project will not result in an increased need for public services. Project construction may have short-term impacts on fire, police and medical emergency service travel time as a result of detour routing during up to two weekend closures of SR 167 for replacement of culvert C72. This would affect emergency trips on SR 167 between 1-405 and the SW 43rd Street interchanges and could affect local emergency trips in the vicinity of the detour routes on SW 43rd Street, Lind Avenue SW and SW Grady Way for northbound SR 167 traffic and on SR 181 (W Valley Highway) and S 212th Street for southbound traffic. b. Proposed measures to reduce or control direct impacts on public services, if any: A Traffic Management Plan and emergency services and public outreach will be used to coordinate the short-term, weekend closure of SR 167 between the I-405 and SW 43rd Street interchanges for the culvert removal and replacement. 16. Utilities 16 Printed 12/8/2011 a. Utilities currently available at the site. electricity, natural gas, water, refuse service, telephone, sanitary server, septic system, other. The channel relocation site has City of Renton and ]Ging County seiner systems. The C72 culvert relocation site is next to utility rights of way containing an underground Citi` of Seattle water transmission line and Olympic Pipeline Company fuel pipelines, and overhead Puget Sound Energy power lines. 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. The project will not require utilities, and will not require utility construction. Existing underground utilities will be protected as necessary during project construction. C. SIGNATURE The above answers are true and correct to the best of my know] edge_ Signature: 3 Denise Cieri, P.E_ Deputy Project Director, Eastside Corridor Date submitted: V / 2 17 Printed 12!8/2011 �mv, rf; � r�r )ir;�J i] o 1 Washington State Department of Transportation Thunder Hills Creek Mitigation Fish Barrier Retrofit Site Photographs Source: Critical Areas Study { N 4I Y ,r ' w O [yam^ r yam- .0 w. 'Fjffu'Ct O, D � O p � p 0— N A r. N 441 Y ,r ' w O [yam^ r yam- .0 44 71 i U p N 0 a- =5 W M t ti ° a.> th O d O Q) /ll� f • ai (a ) d * r CD _ Lli D r — c a �• Fn N ap •a '� C U � � � y . � Ql a Vl 1 r LL �-a co O r ; ca W �e •- est �'�'y � :�!°::' � r � +� rCP'�.. CD N Cl CD r�� CD a7O O r yy i• + -C Z °# y aft"- ��.r •. _"-� �/:�� C c C L t.` o Q o LLL[? LL O isy r JD cp� .. • ' ? w O !• k 1 LO 7 � CL a- z3 Z3 r SUPPLEMENTAL REPORT 41 State of Washington/Transportation Dept. 15700 Dayton Avenue North, P.O. Box 330310 Shoreline, WA 98133 Attention: Mona Cox Title Order No.: 1105232 Customer Ref: SR16Q1tdi11!'1 The following matters affect the property covered by this order: � i� : j, II�.i1%1 J, � u t� .i A Full Update of the Commitment from December 22, 2009, through November 16, 2011, at 8:00 a.m. has disclosed the following: • The following is added to Schedule B as Special Exception I 1 1 l . Delinquent Taxes for the year 2011_ Tax Account No.: 302305-9002-01 Levy Code: 2100 Total Assessed Value: S 0.00 Assessed Land Value: S 0.00 Assessed Improvement Value: $ 0.00 ist Half Amount Billed: $ 113.71 Amount Paid: $ 113.71 Amount Due: S 0.00 2nd Half Amount Billed: $ 113.70 Amount Paid: S 0.00 Amount Due: S 113.70, plus interest and penalty There has been no change in the title to the property covered by this order since December 22, 2009, EXCEPT the matters noted hereinabove. Dated as of November 21, 2011 at 8:00 a.m. /pbc Your title order handled by: Title Officer: Curtis_ Goodman, curtisgoodman@pnwt.com, (206)343-1327 Pacific Northwest Title Company Pacific Northwest Title Company 215 Columbia Street Seattle, WA 98104 Title Officer, Curtis Goodman (curtisgoodman(&_pnwt.coi-n) Assistant Title Officer, Rob Chelton(robcheltoncar pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 A.L.T.A. COMMITMENT SCHEDULE A State of Was hington/Transportation Dept. 15700 Dayton Avenue North, P.O. Box 330310 Shoreline, WA 98133 Attention: Mona Cox I . Effective Date: December 22, 2009 at 8:00 A.M. ?. PACIFIC NORTHWEST TITLE INSURANCE COMPANY Policy or Policies to be issued: Title Order No.: 1105232 Customer Ref: SR167 Thunder Hill PREMIUM ALTA Owner's Policy Liability Amount: $100,000.00 550.00 Standard Tax: $ 52.25 Rate General Schedule Rate Proposed Insured: State of Washington Work Charge Amount: Tax: 5 100.00 $ 9.50 3. The estate or interest in said land described or referred to in the Commitment and covered herein is: FEE SIMPLE 4. Title to the said estate or interest in said land is at the effective date hereof vested in: City of Renton, a Washington municipal corporation: See Special Exception Number 3 regarding execution of the forthcoming document(s) to be insured. 5. The land referred to in this Commitment is in the County of King, State of Washington, and is described as follows: SEE EXHIBIT A ATTACHED Pave 2 , Order No f 145=32 li `j-1:2—S2— Pacific Northwest Title Company EXHIBIT A Order No.: 1 105232 Legal Description: THAT PORTION OFTHE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W,M., LYING EASTERLY OF THF FAST MARGIN OF PRIMARY STATE HIGIIWAY NO. 5 AND WESTERLY OF A LINE DRAWN PARALLEL AND 340 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY MARGIN OF PRIMARY STATE HIGHWAY NO. 5. Tax Account Number: 302305-9002-01 *** END OF EXHIBIT A *** Y�gc 3 -Larder No. 11W232 Pacific Northwest Title Company A.L.T.A. COMMITMENT Order No.: 1105232 SCHEDULE B The following are tine requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 11. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the sane are disposed of 10 the satisfaction of the Company: A. 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 for value of record the estate or interest or mortgage thereon covered by this commitment. B. GFNERAL EXC£1"1'IONS: I . Taxes or assessrnents which are not shown as cxisring liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Z. Any facts, rights. intcretits, or claim; which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of -persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. 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 the public records. 5. Any lien, or right to a lien. for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (8) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. 7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. S. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. C. SPECIAL EXCEPTIONS: As on Schedule B attached. PaLze 4 - order Ne 114]33'_ SCHEDULE B - continued Order No.: 1105232 SPECIAL EXCEPTIONS: 2 3 4 5 6. 7 Pacific Northwest Title Company Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1.78%. Liability for additional general taxes (rollback taxes) and interest which may be imposed pursuant to RCW 84.36.810 upon cessation of the use for which the exemption was granted. According to RCW 84,36.812, the County shall not accept an instrument of conveyance (for recording) unless the additional tax has been paid. Satisfactory showing of authorization for the proposed conveyance by City of Renton, in accordance with applicable statutes must be submitted. Unrecorded leaseholds, if any: rights of vendors and holders of security intcrests on personal propery installed upon said property and rights of tenants to reinove trade fixtures at the expiration of the term. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: The City of"Seatt}e, a municipal corporation Purpose: To construct, reconstruct, maintain, repair and operate a 60 inch water pipe over and alone the land Area Affected: The north 30 feet of said premises Recorded: September 27, 1946 Recording No.: 3612021 Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: City of Seattle_ a municipal corporation Purpose: Electric power line Area Affected: The north 30 feet of said premises Recorded: September 26, 1961 Recording No.: 533380£ Relinquishment of access to state highway and of light, view and air by deed to State of Washington: Recorded: January 18, 1962 Recording No.: 5376810 Par ) - UWO No. 1 105232 S. 9 10 Pacific Northwest Title Company Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Olympic Pipe Line Company Purpose: Petroleum pipe line Area Affected: The northerly portion of said premises Recorded: April 20, 1965 Recording No.: 5868917 Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Olympic Pipe Line Company Purpose: Construction, maintenance and operation of a petroleum pipe tine Area Affected: Northeasterly portion of said premises Recorded: October 26, 1973 Recording No.: 7310260491 Easement and the tenns and conditions therein, including, but not limited to, the following: Grantee: City of Seattle, a municipal corporation Purpose: Install, construct, erect, alter, improve; repair, energize, operate and maintain ]sigh voltage electric overhead and underground transmission facilities Area Affected: Southerly 40 feet of the Northerly 70 feet of said premises Recorded: August 5, 1994 Recording No.: 9408051268 *** END OF SCHEDULE B *** Page 6 , OMcr No. 1105232 Pacific Northwest Title Company NOTES: 1. The vestee also owns tax parcel 302305-9003 (recording number 8805 120012) and tax parcel 302305-9076 (recording number 9212042502). 2. Name and address of current taxpayer according to the King County Assessors record are: City of Renton 1055 S Grady Way Renton, WA 98055 3. The vestee(s) herein acquired title by instrument(s) recorded under Recording Number(s) 95011100515. 4 Abbreviated Legal Description PTN SEC 30 TWP 23N RGE 5E NE QTR, KING COUNTY Parcel Number: 302305-9002-0I 5. Taxes for the year 2009, which have been paid: Tax Account No. Levy Code: Amount: Assessed Land Value: Assessed Improvement Value DVC/adec 30230.5-9002-01 2100 S230.43 SO -00 SOM Wage 7 -Order No. 1105232 Pacific Northwest Title Company st PACIFIC iNORII IWEM' TITIA, Li�nurarzc�C'„nrl,,�nF, ]nr. And its Agents Providing excellent service and quality to meet your title and escrow needs. Our Privacy Policy We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms - Information about your transactions we secure from our files, or from others. Information we receive from a consumer reporting agency. Information that we receive thorn others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpub] is personal inf&mation will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC' Pl RSONAT. INFORMATTON ABOUT YOU WITH ANYONE FOR ANY PURPOSE.. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Thank you for choosing Pacific Northwest Title Insrrrartce Company and its Agents. IYe value you as a cu.stonrer and appreciate the opportunity to serve vou. Page 3 - order No. t ] 0>?33 Pacific Northwest Title Company CONDITIONS 1. The term mortgage. when used herein, shall include deed of trust, trust deed, or other security instrument, 1f" the proposed Insured has or acquired actual knowledge of any defect; lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment Other than those shown in Schedule 13 hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for airy loss or damage resulting from any act of -reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company. or if the Company otherwise acquires actual knowledge afany such defect, Nett, 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. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definiticn 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 and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or pohcWe committed for in favor of the proposed Insured which are hereby incorporated by reference and are mads; a part of this Commitment except as expressly modified herein. 4 1 his Commitment is a contract to issue one or mare title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The police to be issued contains an arbitration clause. All arbitrable matters k0en the ;Amount of insurance is 52.000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties_ You may review a copy of the arbitration rules at http;;;www.aha.0rs1 6 On March 1, 2014. it is intended that Pacific Northwest Title insurance Company will rnergc as a title insurance underwriter into First American Title Insurance Company. This only affects the underwriter_ and will not impact the local offices of Pacific Northwest Title which are separate legal entitle,. If the transaction contemplated by this preliminary cominitrrrent closes on or after March 1, 2010, then the obligations of Pacific Northwest Title lnsurauce Company as to this commitment will be assumed by First American [ itle Insurance Company. and the title insurance policy or policies contemplated by this commitinvrit will be issued by First American Title Insurance Company. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to the Company at 215 Columbia Street, Seattle. Washington 98104-1511. American Land Title Association Commitment — 2046 (Rev. 6106) Page 9 - Order No. E 1 O>212 Portion of the northeast 11 30-23-5 PACIHC NOR'T'HWEST TULE Company of Washington, Inc_ Order No. 11052321 IMPORTANT: This is not a plat of Survey, It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. SUPPLEMENTAL REPORT #1 State of Washington/Transportation Dept. 15700 Dayton Avenue North, P.O. Box 330310 Shoreline, WA 98133 Attention: Mona Cox The following matters affect the property covered by this order: Title Order No.: 1105231 Customer Ref: SRI 67 Thunder Hills A Full Update of the.Commitment from December 22, 2009, through November 16, 2011, at 8:00 a.m. has disclosed the following: • MOTE: 2010 and 2011 special property taxes are paid in full. There has been no change in the title to the property covered by this Order since December 22, 2009, EXCEPT the matters noted. hereinabove. Dated as of November 21, 2011 at 8:00 a.m. Ipbc Your title order handled by: Title Officer: Curtis_ Goodman, curtisgoodman@pnwt.com, (206)343-1327 0--ity, 01 Renton = 2- Ll S Pacific Northwest Title Company Pacific Northwest Title Company 215 Columbia Street Seattle, WA 98104 Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) Assistant Title Officer, Rob Chelton(robchelton@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 A.L.T.A. COMMITMENT SCHEDULE A State of Washington/Transportation Dept. 15700 Dayton Avenue North, P.O. Box 330310 Shoreline, WA 98133 Attention: Mona Cox 1. Effective Date. December 22, 2009 at 8:00 A.M. 2. PACIFIC NORTHWEST TITTLE INSURANCE COMPANY Policy or Policies to be issued: Title Order No.: 1105231 Customer Ref. SR167 Thunder Hills PREMIUM ALTA Owner's Policy Liability Amount: $100,000.00 $ 550.00 Standard Tax: $ 52,25 Rate: General Schedule Rate Proposed Insured: State of Washington WORK CHARGE Amount: $ 100,00 Tax. $ 9.50 3. The estate or interest in said land described or referred to in the Commitment and covered herein is: FEE SIMPLE 4. Title to the said estate or interest in said land is at the effective date hereof vested in: The City of Renton, a Municipal Corporation See Special Exception Number 4 regarding execution of the forthcoming document{s) to be insured. 5. The land referred to in this Commitment is in the County of King, State of Washington, and is described as follows: SEE EXHIBIT A ATTACHED Page 2 -Order No. 1105231 1 -3 S7 H Pacific Northwest Title Company EXHIBIT A ) Order No.: 1105231 Legal Description: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION WHICH IS 250 FEET NORTH OF THE SOUTH QUARTER CORNER THEREOF; THENCE NORTH 89006'03" EAST ALONG THE NORTH LINE OF A TRACT CONVEYED TO IVAN G. UNBEDACHT AND PHYLISS UNBEDACHT, HIS WIFE, BY DEED RECORDED UNDER I CORDETS NO. 4696849, A DISTANCE OF 950 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH SAID CENTER LINE 421.49 FEET, MORE OR LESS, TO THE NORTHWESTERLY PRODUCTION OF THE SOUTHERLY LINE OF MANCE ADDITION ACCORDING TO THE PLAT RECORDED IN VOLUME fib OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON; THENCE EASTERLY ALONG SAID PRODUCTION TO THE SOUTHWEST CORNER OF LOT 1 IN SAID ADDITION; THENCE NORTHERLY, EASTERLY AND NORTHEASTERLY ALONG THE WESTERLY BOUNDARIES OF SAID ADDITION TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WESTERLY ALONG SAID NORTH LINE TO THE EASTERLY LINE OF PRIMARY STATE HIGHWAY NO. 5, AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 582233; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE NORTH LINE OF SAID UNBEDACHT TRACT; THENCE NORTH $9006'03" EAST 435 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; Tax Account Number: 302305-9026-03 *** END OF EXHIBIT A *** Pegs 3 -Order No. 1105231 Pacific Northwest Title Company A.L.T.A. COMMITMENT Order.No,: 110SZ31 SCHEDULE B The following are the requirements to be complied with: A, Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estite or interest to be insured. H. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. 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 for value'of record the estate or interest or mortgage thereon covered by this commitment_ B. GENERAL EXCEPTIONS: 1. 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. 2. Any facts, rights, interests, 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 persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. 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 the public records. 5. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. (A) Unpatented raining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. 7. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. 8. Any title or rights asserted by anyone including but not limited to persons corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. C. SPECIAL EXCEPTIONS: As on Schedule B attached. Page 4 -Order No. 1105231 SCHEDULE B - continued Order No.: 1105231 SPECIAL EXCEFRONS: 2 0 n W 1 5 6. 7 Pacific Northwest Title Company Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of City of Renton_ Present Rate of Real Estate Excise Tax as of the date herein is I.78%. Liability for additional general taxes (rollback taxes) and interest which may be imposed pursuant to RCW 84.36.810 upon cessation of the use for which the exemption was granted. According to RCW 84.36.812, the County shall not accept an instrument of conveyance (for recording) unless the additional tax has been paid. Unrecorded leaseholds, if any; rights of vendors and holders of security interests on personal property installed upon said property and rights of tenants to remove trade fixtures at the expiration of the term. Satisfactory showing of authorization for the proposed conveyance by City of Renton, in accordance with applicable statutes must be submitted. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Puget Sound Traction, Light and Power Company, a Massachusetts corporation Purpose: A line of poles and wires Area Affected: A portion of the southwest quarter of the southeast quarter of Section 30, Township 23 North, Range 5 East, and does not define the exact location therein Recorded: December 13, 1916 Recording No.: 1103039 Condemnation of access to state highway and of light, view and air by decree to State of Washington: Entered: June 4, 1962 King County Superior Court Cause No.: 582233 Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: Public Hospitai District No. I of King County, a municipal corporation Purpose: Sewer Line Area Affected: Southwesterly portion of said premises Recorded: September 8„ 1969 Recording No.: 6561572 Page 5 - Order No. 110523 t Pacific Northwest Title Company 8. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: City of Renton, a Municipal Corporation Purpose: Public utilities Area Affected: Portion of said premises Recorded: December 5, 1969 Recording No.; 6595693 9. Easement and the terms and conditions therein, including, but not limited to, the following: Grantee: City of Menton, a Municipal Corporation Purpose- Drainage Area Affected: Portion of said premises Recorded: February 8, 1982 Recording No.: 8202080436 *** END OF SCHEDULE B *** Page 6 - Order No. 1105231 NOTES: Pacific Northwest Title Company The vestee also owns tax parcel 302305-9027 (recording number 9605280388) and tax parcel 302305-9062 (recording number 8607010451). 2. Name and address of current taxpayer according to the King County Assessors record are: City of Renton 1055 South Grady Way Renton, Washington 98055 3. The vestee(s) herein acquired title by instrument(s) recorded under Recording Number(s) 8711 I90324. 4. Taxes for the year 2009, which have been paid: Tax Account No.: 302305-9026-03 Levy Code: 2100 Amount: $188.82 Assessed Land Value: $ 0.00 } Assessed Improvement Value: $ 0.00 5. Abbreviated Legal Description PTN SW QTR SE QTR SEC 30 TWP 23N RGE 5E, YJNG COUNTY Parcel Number: 302305-9026-03 DVC/adec Page 7 -Order ND. 1105231 Pacific Northwest Title Company AN Ptxci is Noyn-min, TriLL, 111suranco Coinlwmy, I11c. And its Agents Providing excellent service and quality to meet your title and escrow needs. Our Privacy Policy, t� We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Thunk you far choosing Pacific Northwest Title Insurance Company and its Agents. We value you as a customer. and appreciate the opportunity to serve you. Page 8 - Order No. f 105231 Pacific Northwest Title Company CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 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, ar (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of tide. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment_ 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at bt!p://www.alta.orp'/. 6. On March 1, 2010, it is intended that Pacific Northwest Title Insurance Company will merge as a title insurance underwriter into First American Title Insurance Company. This only affects the underwriter, and will not impact the local offices of Pacific Northwest Title which are separate legal entities. If the transaction contemplated by this preliminary commitment closes on or after March 1, 2010, then the obligations of Pacific Northwest Title Insurance Company as to this commitment will be assumed by First American Title Insurance Company, and the title insurance policy or policies contemplated by this commitment will be issued by First American Title Insurance Company. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to the Company at 215 Columbia Street, Seattle, Washington 98104-1511. American Land Title Association Commitment — 2006 (Rev_ 6/06) Page 9 - Order No. 1145231 Portion of the southeast 4 30-23-5 N PAancNOR -% S T= Order No. 1105231 Company of Washington, Inc. IMPORTANT: This is not a Plat of Survey. it is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. C4 +"f QD i p KING COta:rY -c NO EXCISE TAX ? m NOV 191987 Y WHEN RECORDED RETORN TO W 4` 3Z - : x, Z' Warren, Kelly Barbar, , ~ , - •-- c Attorneys at bow - .•��17 , -..}-ty, P. O. Box 626 00 Renton, W74 980537 r11 UGIT CLAIM DEED "E CRhNTOR, LOLA R. HASTISINS, a single person, for and in Consideration of Tan nbllars and other good and valuable considerarion, conveys and quit claims to THIS CITY OF RENTnN, at Kunicipal Corporation, the following described real estate. situated in the County of King, State of W shingtan, together with all after acquirtW title of the geantor therein. That portion of the southwest quarter of the southea9t quarter of section 30, township 23 north, range 5 east, W.H., in Xing County, Washington, described as follows: Beginning at a point on the north and south tenter line of said section which is 250 feet north of the south quarter corner thereof; thence north 89106.03" east along the north lineof a tract convoyed to Ivan G. Unbedacht and Phyliss 0nbedacht, his wife, by deed recorded under auditor's file No, 4696849, a distance of 950 feet to the true point of beginning; thence north parallel with baid center line 421.49 -feet, 16ore or letb, to the northwe,:- •-!y production of the southerly line of dance Addition ac,-:Iing to the plat recorded in volume 68 of plats, page 21, in King County, Washington; thence easterly along said production to the southwest corner of lot 1 in said Addition; thence northerly, easterly and northeasterly along the westerly boundaries of said addition to the north line of said southwest quarter of the southeast quarter; thence westerly along said north line 'to the coatecly line of Primary State lighway zoo. 5, as condewned in (Sing County Superior Court Cause No.- 582233; thence southerly along said easterly line to the north line of said Un.-edacht tract.; thence north 89.06103" east 435 Feet, more or lesu, to the true point of bag inning,- SUBJECT nning;SUBJECT TO easement for electric transwisaion line over said pramis85 and other lands or. granted by instrument rccorded December 13, 1916 under auditor's file No. 1103039. (fbated: _,y. /2;- CheryL,jreterson, Attorney ~Lola M. Saw ins in-FacE for Lola M. Hawkins STATE OF WASHIm m-69 ) - ss COQNTY OF KXNG ) 1 Certify that I'"know of have 9itiCfaCtory evidence that Lola M. Hawkins signed -this instrument and acknowledged it to he her free and voluntary act for the uses and purposes mentioned in the instrumen_ Dated: 1987. F �lX11__,.:C4 y f.'.�[ Notary FabIi in an or the State _of Mashiengton, residing at i 1 - My appointment axoires: j,I1s/-lw STATE OP WASHINGTON } ss CAUNTY OF Kana. ) I certify that I know or have satisfactory evidence that Checyl Petscson signed this instrument, on oath stated that she was authoriiz_d to exeante the instrument and acknowledge it as the -Attorney-in-Fact fox: Gol?: M. Hawkins to be the free and voluntary act of such party for the uses and purposes wentioned in the instrument. Dated: ,�-r_ , 1987. Fi✓' VA. REY Hatary Public or t e _tate of a�•� y6.....EQf� Washington, residing ate: �rrC;U LO7ga�,t 4 my appointment expires: ;,- ._ o CITY3:37/11/12/86a GSA iti ��q .�y.1% raj::•.: 1 #. 1 •' V'ti�l �4 �NVm1.Sv� Aid AD EXCISE TAX , NOVI 91987 r.j TRHE94 RECORDED RETURN To E -Z Warren Kellogg, BArber, b Attorneys at Low 401�4 1A P. 0. Box 626 Renton. WA 950537 .QUIT CLAIM DEED ZJ i— THE ORhNTG*t, LGLh V. HA-.qKXNS, asingle person. for and in collars or Tan noars and other good and valuable consideration, conveys and quit Claims to THE CITY OF' ACNT01:4- a Municipal Corporation, the r011OWing described real estate, situ ated in tha County of Xing, State of -gastlingtgn, together with all after acquired title of the grantor therein_ Thatportion of the southwest quarter Of the southeast quarter of Section 30, township 23 north, range 5 east, W -M— in King County, Machirk9ton, described as follows: Beginning at a point: on the north and south Center line ofsaid section which is 250 test north Of the south quartercorner thexeof; thener north 450,06,03" east along the north line of a tract conveyed toIvan G. Unbedacht and Phyliss; Unbedacht, his wife, by deed recorded under auditor's file No. 4696549j a distance of 1950 reot: to the true point of beginning; thence north parallel with said center line 4211-49Lfeet, More of JOBS, to the north-pe:L —1y production of the southerly line of Nance Addition ac4_Jjrkg to the plat recorded in volume 60 of plats, page 21, in King County, Washington., thence easterly al0h9 said PKOdUCtion to the Southwest Corner at IOL 1 in said Addition, thence northerly, easterly and northeasterly along the westerly boundaries of said addition to the iiorrh line Of said southwest .0 . thwest quarter of the sOLIthebut quarter, thence westerly along Said north line 'to the easterly line oil Primary State Highway 40 5, as condemned in King County Superior Court Cause No: 582233; thence southerly along said easterly line to the north line Of said Un' edactkt Tract, thence north 09006*03" east 435 feet, more or less, to the true point of bag inning; SUBJECT TO easement for el*ctric transmission line over said premises and other lands as granted by recorded DOCUMber 13, 1916 under auditor's fijLa No. 1110039. Dated:%1987. Cheryl,e Orson, Attorney- Lela 14- 3i—Awkins i"_F.ar _15 for Lola K. Hawkins ry STATe OF wASfiINGTON 1 1 ss COUNTY OR KING ) I certify thpt I" know or have aetisfactory aviderw a that Lola M. Hawkins signed -this instrument and acknorledged it to be her free and voluntary act for the uses and purposes mentioned in the iiistrumen= Dated _,rs.r-. 19$7_ Notary Public•akndof c the t+] State .Of Washington, residing � Ry a�nointarane exoires: !�- l;1 %`.r STAT$ OY VfAS1iiNGTON ) ' W COUNTY OF KING y - I certify that I know or have satisfactory evidence that Cheryl peC,Lrs on signed this instrument, on oath stated that she was authorA.-d to execute the instrument and acknowledge it as the-AttO;ney-in-fact for LO10 M. Sawkins to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated_ �., _/Ai _ 1967. r,dP Notary publIc for 't-he $tate of Y` ti,SyoH ��'CG Washington, residing atf�r�ri,=I o 0T A;? My appointment expires: ,'•-: /'f � CITY3r37/11/12/B� :4 .=. ■ UB.%G'.Q23 ` � r s%A- :f R � . <r,Av.�..::,• �T^ ',': a,: may. UTILITIES 12 E 1i S E 9 E M T � :s UA 1982 THIS 114STAUINIDT, made this 2B day of JANUARY " by and petxeen L. H. Hawkinsand Lola Hawkins, his wife ice•..-. _ _ _ — _ _- !l ' �r �+'.':tip and ,- i #. ... and ' .. CT hereinafter -called "Grantor{s),' and the CITY OF RENTON, A Hunit:pil Corporation of r King County, Ilashingt •r1, hereinafter called "6rantee.". WETNESSETH: That said 6rantort;), for and in consideration of the sum of_S ]..UP ' ' line Oo31ae•-cad r,o/10 aid by Gra itae, irtd Other vsluable tansiderat onn,do y t ase presents, gran bargain, sell, conveyy, and warrot veto the said Graatee, -its for (including wa':er and / %UCoestor% ind assigns. an easement publit utillileS -sewer)'aith necessary.appurtenantes over., through, across and upon the fol10-ding r ` described property in King County, Washington, more particularly described as r ' sy follow%: •.: An easement £ur drainage purposes over a portion of the Southwe::t ;- a- quarter of the Southeast quarter ;5f Section 3o, Township 23 Novth, �" Ganga S Uasl, W.iy_, in king County, Wyshington, More. particularl, y s described ds follows: Beginning at rhe southwest:Turner of lot 1 of the plat •ef Mance Aldi- tion as recztded in volume 68 of plats, page 21, records or Kin}; County, •"• c Washington; thence N Bu'17�0U" Wa 4.nt.rrc of ?'� Ot7 :eat; theme N 7'5U'k5" 1: a distance of ld fuct;„t}rencz S .04�1,;'OOn L a d;s'cante of Y; 54.00 feet to'rhe taest !ine of said. Lot 1; thence S 7l,501.45- along •; ,: said west line a distance 'of 10 feet to the point bt begihnirng. `�” • ; IIECEIIIk�k.? l riE'.i ::1. * t L Fn $ H26 P�� . 3 : R KING : Uy _ • i Togethrr with a teaporary .constructfan essement•oescrlbed, 0, Slid Ge*orary [onatructfon easement shall ,remain in force during Con%trur- have been ;- =: tien'and until such tim as the'utillties wind app4rtenance% acceAld for the -operation and Saintenaiue by the Grantee but not later"than , " FILED FOR RECORD AT REQUEST OF ' 1% VC199 TAX NOT RMUMED 00. woo 0*160 OFFICE DF 1!!E 6llr t:tBl[ 's � 'WAS 0I;' it .�. Dapu►Y ila4 ^ !il k1fll AVE.VE. 13. � f c KATIII, I9A Yflii UEd2-1,+ �-I�;..�'r» a S �'� ♦ � r- rh '��'w�L -" t s f • �� e {i vP¢.f � i� J i' �f^il►- r}.,�. F '��, t`t-'I''4Y � f�.'ivn`. •� :�?�. s f, ,.. _7i�.. e�� -�: ti ��a ff .. c .. r ._r i ,,. sfjy kj �- ._::c -_v - C r ,�,-;:�-,��S;�:r'i..ifcc.t .i.,.._ et ._•C? �- -. - .. _ .r_`.: --.�#.._- ..'i.�._ Er Said heretofore mentioned grantee, its successors or assigns, shall have the right, 004uf prbf.ymoi0lt ior at such tines as may be necessary to *hue, 1$0nAA1a''a`Wve dlet'cril4d 'PtOeR-Y, for -the purpose of cormtructper- - ,no. mathtfinih 116b59itiPc'VJhq told utilitles, or lacking AftY-cGnPfRCt1Gh_FtM "'iii OfVbut -obl-1901m or liability therefore,': proW did'r"t t6 repairing, altering or reconstruction of rafid In'3%Pch'o rarmer that the L.. 7 private ImproymeMS, eXistilisfort -the, shall not be disturbed or zi dMM49ed, they will We rtplai.,& In as;gIiMl i--C*n4itl0n as they were Amme4iately before the Lproperty wss rhtiOid upon L by the The Grintor shall fully use and enjoy the sforedescribed premises, incliding the r I ght- to retain 'the ri gKt to use the surfacef sild'right-of-w4y if such ist does not interfere with installation and maintenance of the utlTittai. Hpwqpvii-. the- grantor -shall not erect buildings or structures over. under or MCMIS the right-of-way during the exisi:76nce of such utilitits. -This asimmt. shall be i. covenant running d thill bi wits the land 1� Inding -6n the' Grantor,. his successors,'" heirs @Ad.migms.- Grantors covenarit' t lit they are the -lawful 6pnors. of ,the 1boV& pr*pirtles and that they have -a god and -.lawful .right Q"Cutt tw a a gr ntr -,and A. Z and Ono and STATE OF WASHINGTON SS COIWY U KM 1. tt* undersigned, a notary public in and for the St4wof Washington, hire* 'rarti fy that -an this IA_dlay Af JAW81 19 N -personally mJpp*areif before me ted, L_ H. Hawkins LRI'L Hawkins and and and` —T_ to rm known to be .1ndividual(r) described in and- execum the Toregoing ns frurim t . vid acknowledged that' -ilgAed and, ml ed- the -saw 115 -their free. and voluntary act and ORPIPar tAe uses and purposes therein mentioned.,. UE12-2ir 4} { M K1NQ C•OUMTY _ NO EXCISE TAX WFICH ACCOROVU RETURN TQ HOZO 4532 Marred, flellogg, nArbvr, 1, �'� i %•'� c Attorneys at Lav P. O. Box 626 is=: i� :.•::n -K5.6] Renton, WA 980537 ;1 1� - QUIT CLAIM_DE_ED yTHE GR.%NTOR, LOLA F. HAWKINS, a [single person, for and in cons"deration of Ten Dollars and other good and valuable V O consideration, conveys and quit c;airs to THE Ci:Y OF RENTON, a Municipal Corporation, the following described rcai estate, situated in the County of King, State of Washington, pogether with ell after acquired title of the grantor therein. That portion of the southwest quarter of the southeast gnarter of section 30, township 23 north, range 5 east, St N.M., in King County, Washington, described as follows: \ Beginning at a point on the north and south center line of said section which is 250 feet north of the south quarter corner thereof; thence north 89*061031 east along the north [>� line of a tract conveyed to Ivan G. Unbedacht and Phyliss Bnbedacht, his wife, by deed recorded under auditor's file i No. 4696E49, a distance of 950 feet to the true point of beginning: thence north parallel with said center line 421.49, feet, more or less, to the northwe-•--ly production of the southerly line of Mance Addition ac, ding to the plat recorded in volume 69 of plats, page 21, in ming County, Haahington; thence easterly along said production to the southwest corner of lot 1 in said Addition; thence northerly, easterly and northeasterly along the westerly boundaries of said addition to the north line of said southwest quarter of the southeast quarter; thence westerly along said north line 'to the easterly line of Primary State Highway ?Io. 5, as condemned in Ring County Superior Court Cause No: 582233; thence southerly along said easterly line to the north line of said Un::,edacht Tract; thence north 69106103' east 435 feet, more or less, to the true point of bag innings Sa8.7ECT TO easement for electric transmission line over said premises and other lands as granted by lnetrument recorded DeeembQe 11, 1916 under auditor's file No. 1103039. 1987. 1 ff .�.:: j / '• r�i?.rte C e yLAyp erSon, Attorney -J LCIa H. Flawkins in -Face for Lola M. Hawkins STATE OF WA.SRrwr*rpN I SS COUNT! OF DING j I certity that I' know or have setisfactor_v evidenao that Lola N_ Hawkins signed 'this instrument and acknowledged it to be her free and voluntary act roe the uses and purposes mentioned in the idstrument Da tad.,, f ^` 1987. Ah if ou l�w�• L.L ..I...-.+ N !t0 arry Publu is in -a 07 State -of Washington, residing Q7 My appointment exoires: h OTATE OF SIASAINGTON a oD .COUNTY OF KING } ss I Certify that I know oe have satisfactory evidence that Cheryl P* 6tz on signed this instrument, on oath stated that she ryas authorllz d to execute the instrument and acknowledge it as the 'Attorney-in-fact for f.ola H. Hawkins to be thR free and voluntary act of such party for the uses and purposes mentioned in the instrUM*rLL. Dated: G_S."' 1987., - r ` �� Z�REY�'�' orc�oethe State of ;...... lei Washington,ns oT 0TA/? -` My appointment expires: f•• r �C§ CITY3:37/11/12/8 :t' .:. 0 it pool miint a.. ti J t6 I toifib ark-, .0 .�i it i f .to- _-'2q. Alsxiia "Ye" of tbc�- fti I iuzi d The 71 4 All C;f tul , 11U"43 Soll, Iona: - x3ri4jg X of the A' - r 1c. # -- Skk il - -Y I, see tp 3 P 610 or, road in Thut 'tie' gr0a In ovi�iof ft - I Ina .O_f P pan ukrum..n - owl. 02 0 41 0 0 n ., :)�cow , for Wid 4i, cvji', t:!)OP- v1Q siti*VU fOKWI + qgr--tip �'ItV:`Ilgtt ":rr' id_ pole JJj4' 4i '*'A r 0 a at r• A" r a- &a 'OV azi+ -Cr Or4-40%r, t h �1 W !Z.: zidivt arid- 11 to .1 P ;.+Oej�- .-;jja: -'44,11tivei IL e,*. I -'Ili-��, I %� r *he A.: lox CIA P 'S i At I " r q4 i,d d vt 4t: -.0 ishZ`riot be Ao v4d: --'Xl th-2 t" to -Walor-IUM .ry . .V d 19 Mr,06t,.".� 1-9-16 by 0 6! c t -ni; t t'i :*'. _ ql�f )T Ort 21 WO �rlf: nl 'L + P: *114IN-0 XkF- -, _t>pd FuWav t4'alouny H 4, e u a.., an an!" +Lri$ nNot" mpilnrtA,411,041. . Jrk i4,vjPb Ila r C) 113., k6 LU U )D % 3 bLs+ W.rA U!1a Atold on or a," tkji :rp fo'r 11 i2tk.L Dell. -biv 1i (n )v Mail% A Av ul > 7z and SZr4J6@j at all ' 91� 00t ci Magna h�ai-h4ioti triv rL-ght to c I.— - . - Im jV%JJ "j,_cwit to r .;IuAA AL tr Or.'Jall '&I] ' 9, Adjoining ar po . Is I-IV& Wcsh 11ow Qjr JI) jha 'opinion of VIP) OP flt4 oi, 4lia-11 '"oojto k divigbr at, mnri4.Ace to M on-iratiOn of it@ Gruntars agrain "t to Olr-ft- 413Y ottimp or ptumpip within Sud Tt of rd t ran rot Like Ai"q Witht Lgiving kikA-1 lite in LA W�,itjng 0f, their lj,6�5 ton po to de to wip sp and ?jig &ndgntury oho2l inure rid t tno -Pzvvia�ioriv of t is 1.ha lonr of and be bine tr . upon OAD.bra r OX1.2 , a4mve , 01100 art assigns at the r!1vPqc;t1-r3 PLLrti%D hta r, i Am R - `rt"i� �r`,; � • tj :;moi!.' :✓Y�` !` •r- 4� ` 1rS. , r �'-ii +`� ''r. j �, •�4 7 .sib r, �, ,r - }t i. -1;AStryENT •widirlitni8 Crantero, L. HOWARD HAWKINS and LOCA M. HAWKIMI. his wtfw, thar.ha�re, auccassoea and aisiina; .PEOPLES MtIOM4L BAXX OF WASHINGT•OR in Seattle, a National Banking `.� AaaoClationWright, ,�, as 'L't'uatee under the Srlf,ll of Elora 3iri ht deeeas d; and ,EADYS,i�RIGHT, widow"6f Elmo Wright, deceased, for valuable h• y consideration, 3o hereby'.convey ant± grantto yUSi.TC HOSPITAL 41 '' •�. DISTRICT JNO, 1.fiF KI'M. COUNTY. ao munic[_pa2 c 4ln6^4LiAn o. ths•State at Vashiingran, herainaftlr called "The Distri:t", a permanent e sasusert over, across, along, in and under the vent tan {10} free yof the south •440 feet of'..th* follo,,iing described property, situated OF in King County, liashingtrn, to -Mit.: ' TN at portion of the aaut"waI t qu4rter oa -the" + .sauthsast quarter of section 30, Township -73 North; , n Range 5 East,_W.Pl. in icing County, 'tfaahfngton, des- gibed as follows: K• r Beginning at i peinz on the north and south center S,iction • lime of said which is 257 fast north of the. t south quarter- -aorhoe thoreef; :thence north 89006-'03" east Alan$ the north liste of.a traCz conveyed -to Ivan re. Unbodaeht and Phyliss 'Jrnadacht,•his wife, by dead recordod'under auditor's file Ao.4696849. a > . dis.tanae of 459 feet to the .true poinz of. beg•innini.% thenca north parallel with s+iid' C*Atee, line 4.7.:-+[g • . + fact, zore or lase. to the- nor•thves-tsrly production of, the southerly Line of tunas. Addition according EFS the. pIA-t recorded in Volume 60 of plats, page.••?1, in'_ King County, Washington; therms easterly_+long 3eid , pm4uatiou to -.the eoutbwe,.t :earner of• Lot l in said. . Additirn; tbanca northerly,%.jaaterly and north= raitorly alongthe westerly, boundari.ss of said Addi titin " ' to -the north ine of. raid southwest queVtar r±,the t aclathsast quarte; thanes westerly along said' north line to the easterly link of Prirary Stats Hi!grway No.5 ai aond*h%rid in :Ling County, Superi,.r Court Cause No:.. :42233; thane* southerly along said aasrtrly Ure to' the north line of said Vnbvdac:�t Tract; thenci north 69094147" cast 435 fee[, tswre or Lesa, to the trete Point of beginning. TOGETi{i:R WM' a temporary construction saecaent r_ver, aarasa. 41on=', in sr,l under the e?rs: 25 feet of ±hr i went. I3 feet of th■ acre -h "0 feet there -r. r'.'The faAaNnt herein created shall t:n for the .puvpoee, of installing. aonstrwtings opsratinig, eaint4ining, rsftovfz. � �7;i:-- - ,-•-T�,swRy-r;�,-�i(!.��:�`�?'�a's?F.;�7�"'�!�.S1Tr��fT,l�l�'..• r 1 f 4i repairing. replacing and using 's sower line with all ebhncrtions �' sad appuartynanesr thoreto. t%: i gy'ata,�.ptint"and reeor4ir+g this pwrm�tnsnt ae.sasaertt; and ttspora r easaa ti lbs:Tlistrint eorreunts ae tallows;. ' I. UJMM colmpi.etion of adn.atruction of its sorer a Raallltie■ t+e District "shall rasrave all rdebria ,and restc>ro this +� ecrlacr of thi Cu*ient,areas as nsarlp is povsf.bla to the condition 111 which" it exists as, nt The• date the pintrict commence a con- ' atructiot; of its sever, 2. lhr District sriall Dcvtswr• ons .ave harmlaas Grantors - trait and against any ani ALl;oleias, demands, logs, darpa=e, onuense and -liability of every kind and descrip*icn sn.. for any dwrapa to br loss or destruct on of praperty whatsoever suffered r" by Crantoss, their heirs,'-suac■ssors and assi3na, bacauaw of the 4 '- I"netallatiar* construction,"operation, naintrnance. repair or replacement of such sawitr line. s 3. X1.11 right, title and interest rhlch may be used ' • and wujoyad•.without interfering with the. eaScar nt. rights hert'in i corrvay..i1 4rit ris■rved to Grahtc-s, :.nclud:ng,.bu-t nr._ limited .to, the installation of other types of uti 1 try ]: nr! ,not ir"tsrfering '• VLM. the installation, repair ane.•rsairtitenance of the sewor.line { '�;onstruetsd -in-conformity.-with all.- -laws and, regulations of., . aapS.ic#hla 'governing bodies- -".Grantors haweverj shall nat havt:". tees' ri-gh-i to aanstruct.-p*rYaenent.builJirgs:or--struCtu:ea on Cha - 4:• Grantors "shall have th* right to. -use the Pea.-manenr Usa xont Area fo: landscRpi.nj :or roadway purposes -and to iimp revim theaurliia #hers:f by ysayia&',ar any ties after the tarmin,ltion of the :•nporary construction easenant -s hereinafter ym wided. Tn tris avnS t that maintenanae.' renai r nr Sawwr- line by"1'he Dietrict damagta such rr),Adwiy surfnct, :andsraping or other improv*aants, the ,District agc,=is, follow}rl completi5n of much #slnlan/noa. repair et rsplac*n+nt, to,restors the surface � �7;i:-- - ,-•-T�,swRy-r;�,-�i(!.��:�`�?'�a's?F.;�7�"'�!�.S1Tr��fT,l�l�'..• r �J� 9. U: i tk* of tito, property am nearly is poisibla to the condition Lt which is existed at the tis' the maLntsnaxLca, r*p4ir or replacearp.it S. Afty furAo payab'Atp tho.owner of the describee property as a result of., condo anation by any atuat put,ltc &UtharLtv siampt S"B jayablat sp4jaiftcjk11Y--F6r (SANWBs. to or. impairment of the '*Ziftrict'a sewer 1u6-" shall_ be And b4long in their entirety to Qrantnr a The Taaperary d!3n:ttructian egass"Ont herein granted, shall coftmncq ALM be in offeaT on the. -44to of thio instrument and -shall rei-airate alt'suct it "i" as the savers and appurtenances fiive been a4eeptsd by *Ths, District" ora of Dacemtwr 1, 1969, whichever shall first occur. 7. The District shall pay unto Gr#At6r& the sus of FOUR HUNDRED FORTY AND,XO/100 DOLIA!RS (SW40.00) in "nsidar.atinn fer the pormanant easersent hereby sraAt*d and loss of use of the land eiib4.4ct: to'the temporary easement for the period recited ibove. WTED this'24_h 4BY of_ "qualt Peoples National Bank of 9ward, Awkind Washington in S64ttle. a National tanking Association. Trusisounder the Will of ly - .,L' Elmo•wri6ht, deceased 14.1a tf.Hawalflfts -Tru t afticer G'ladiis"t at officer SVLTEor WASHINGTON Ss COUNTY OF KING On thin datp pgr9oridLily appeArod before =a L. 'MWAAD HAVKINS and LOLA M. HAW,1;1.,tr, to Inc known to be two of the individu4la ascribed in and who exqCu:fd the within and foregoing 1notrumnt and acknowledSod:ThAT, they lig-Le4 the 3" a% thj.r free "'tary oat sad dead for the USA$ and Purposes' fh� i:% :entionej. =VEH "44r.sy h t'u4 d 0 ici4l-4 �1 h ixtL=ay of WAS it Stan raga 4Lar 4L L 11 Akde tliIS4�hlw9{196 fts q4 - WIPPA G,sxi ...VwDT mws�Tmlkl prtnwry sn K I fit Gm t}. v"JhiWw parilcho-Arly All teat pwrLLcwL of tM lcdXovLnW ftacribed pwo"tty lying Within a strip of, LmM4 14 *ft*t In -wifth, S ftot = tithes mide at U*_ folLowj" ftucirlb"d CdAkawLLnwr *P%Lmt" 4M- the SoNtImnat cow"& .+f Lot 1. PAPRom AAULUM) mmardLng to the 4m!r wmwd" 1m; loan= 44 p?.1hatm, R*w 21, mmift air xinq m%tnty, xolihiuspben, at -4p tbo.weetorly: Of tbb- ",Of rly JjLrA of licA is 6 - 'OFal a USLA%40 A.. wo-A -lie Ir 4j Jtu p iloeil�as31►r3liia'o['Wd'jj* *!he Me marlif pXaBaoticm 6 f kha "*Fthexty lip" or Is"a Nit 4 -9t4t104 W, tWAWN* a$ Jbr#A I NN"isk S L"tp ALA. *p4pwr4%pw# j6;;w,2r ,�Jj,;rt at=* ftemmir ft�iA &.1 &aid i!zt r" W.q -VA4 iw* "a, sombess umones w"twiny st"I esia firm to r**cxv masmm orvtoww �a*wpw it. Uppirthey with b"Wamrt _i%,zat ioim *aawwnt ft*erlbrA as first I*-@ i A @W.V 011,u" 30 ftot As vtfta missiamrad pe'rPmAlewarty w dso ftwt-mrij? Line of Amu 04"ft"oft 019)"AAL4 twee -1 "PrIgo I dad zhe ft"Ibally to to-vt Mt &vw 4 0 01W. *k*cvL0A=), "900 r with a at -alp of INA 30 9664L Lm .lith kwamwmd 1p.G4Ajw4 ms. aw 008tecty 11"m vf- Law! Uww*o 4 and tm NQF%k§Tty L'J ftOt WT4 Fft 4 w wiffloi i11 #f*vtU0i#h& a 4ct4tw -ftt G"r0t#4n and 1W1ftt*A4ftc4 by Use 4rwto but not i4tor than %%Mks . ;I'm . Y. RAW a � Said *Mwrv+ !eslltcd p'41jw*' I U Wsx0t1oh, ar uslgm, shaft 44" -Is •rfyllt, ritDCCt=prt6r ea'tica or prapeding at tail. Pt such •+ �.; 1a' atciisary to t~ uMK said alfov� dn;; ;uhu property for the 9vrpo&T of zbi4siructTn� intaintn�, rgairin9, slteriny or r*acsitrnct<ag said ` ticttti�i:i 'jar 4A, Aowcti t re►rltn:''ill hout 1WdAr,-Izq .ny 16"1 ab1��11y1iiSa or i fa�tll �tt' 43iRrof re; �`rtisfi�fd. th�k. sucfi wrt:tructian. �ai1t- r, a1i1iA�,►ip'airlig, ailsrl*ir ar recons#rvrti on at +vch utility st3ii pa 2Ccoro!!si+sd iSj tach a elelptRr that tl�e prtV11A fapr0uemrntt existing in t#' rf;"Ez,j-ai•,►�� `.' si►a1:1 ret >w dfsterbeti�4 or da mtW, or in she avant, Wy are disturbet air dasq•- {, Viii bE- 1 fA ii:�, ;a�tbi► 1t ae � '.t�.0 woo •l0W&Wate)y Were :+a, r..!rtilris;dkrl3�e� +• ;Std•.. i• t �� 7t, w 5+1 4:'•rAV }'.'i_j ?a. 5 • 't' + +t.. ii'ifor d¢scrfl>ed Preerlses, irtudf!s, sa aca0 'af said right -of -ma? If itch uts � o & utility. l ::s , sb ter, e-mr. under ar acrass the risk&. . _• aA• ti*:a<"iis��a�ssfti �ti•wfaligi�;:, �' . " i'lt>fl� fi �l`Isif�'a l+it�r!i 111 wItS th' 1w.d «» :tall be OiWAT, w sift �ae�ii•','lii3 sui:tssl'C ti. M rsassl�a. 6yantGrt covenant that T%ey tke lmt�au T •nlFs or the afx+vt propartles and that !ho;• ra,e v gaud a7—d .e.- f'ri right to ececute Olt 49,10 rnt. RI K YJ ;iActi Df tAsHINGTOR - SS +.�bfa psdS ie #.6, for State of tla o.'Aatoa'. tf 196 . Prrsa1i da�i•;'1 bad fA an a �rxe aie� ilk" raQp� n" T%M"-n t , an �r' acGrav a yr�-E OV simm! end Seas ated the ee is 4ef'�a and reiu%tory art ane ae« " '-f ani P rpAltS thgevir. T*nti^' Yaa$ilr/tore, resle*ing st ri. Apr 25-55 $14 & ogve (Non taxable No 221907 ""�:.�.�>IJA 'w Gladya W. WnIght a wid -1 d And as benetlpisry of the will and :eat E Elmo L. Wright; dad Tc Van 0. inbedacht and Phyllis. Unbedpfsaoht, hwf cy unci war That F)tr) of the SES, of Sec 30-23-5 8WH--b81 of instr em aa• 3n 469684k down to nig-- xcn .ok fid by STc o #517925 U -B *RES* I I z � m � m Z lL1 W 00 Z�01- LLjZ0w M__ T pLL�qww Q0.°W 33Z 1�}i r �W _0z Uroa zuw w LJ 0 O x 20 ui i Q WLo U w 0 Q lil R � u Q Q ED 0 s w e T W • :a � a t'p ° gW+1C° se,�•�4 a ae+ *, aetiQ'a y 4 ��1c�ZptT�;yiu, •R��=t a T �p0 �tD�ilwbtl�'� o - $y *,^e,•, a �*: 4tIt`�bZaA n '�+ t a k • aT , pp :` %e6�4Wi•��*i U p a e h t T�'•`° •� a^v1N°3�pt;•ggi �Hb•n e • ^ W hla tib It eq Et eU�k.;a [0•y�ae. pT�tta 14 i1,s 4ye i p• d��•��cy�s it�`e 'pp• 4g*•' 4° Yn o c ioi`tTni T ayRTr< 14 14 14 a2;z:' a1V - y3.t�TAf�l,►�Lf�n� �r am IL O � � t• � • �l JI a M1 ° i +' � �'• 'bIS N* e aabLaY'. G3iCL It��Fs?, ;k • e ; a it �.. � ' • `•"'„ ' � � 4 O � lay a > 16 ;; � .` � ! IIS• 4 i� �°�•".' \.•,r,'1 4...:'` �.:� o �' rr.e to VV1 Yti+ : •,:� • Yi Z' Ct 41, _ a + eth g aey;�.�1.i ,14 °►tae �' A �e; ossa gaee�! K}�is,-fe �$• s'�'+ 4i�� Via: aael ,• [�' 31+e �• � ;;a�" I°� g° 'fib a�E�Q ;'� lea `i?• Uy a a � ,`' aF��r, :i'` � •;Ota r,a `^c;~ - �i /CSI ¢¢ ° '�;�e; ••.f '� F?n F�\ � a rose ' i ernnIN ° '' �' e i ' Q Ngo• � q -K� Eq�g°±q � -N age t -a 116 yy It 411, a `xa •iC £ t Zca°s �Fln ° We;;�F �3 i 744 W;xRp: y Fir gyp. aa�$ae 'e yO Zed a.e,�t z � m � m Z lL1 W 00 Z�01- LLjZ0w M__ T pLL�qww Q0.°W 33Z 1�}i r �W _0z Uroa zuw w LJ 0 O x 20 ui i Q WLo U w 0 Q lil R � u Q Q ED 0 s w e T W • :a � a t'p ° gW+1C° se,�•�4 a ae+ *, aetiQ'a y 4 ��1c�ZptT�;yiu, •R��=t a T �p0 �tD�ilwbtl�'� o - $y *,^e,•, a �*: 4tIt`�bZaA n '�+ t a k • aT , pp :` %e6�4Wi•��*i U p a e h t T�'•`° •� a^v1N°3�pt;•ggi �Hb•n e • ^ W hla tib It eq Et eU�k.;a [0•y�ae. pT�tta 14 i1,s 4ye i p• d��•��cy�s it�`e 'pp• 4g*•' 4° Yn o c ioi`tTni T ayRTr< 14 14 14 a2;z:' a1V - y3.t�TAf�l,►�Lf�n� �r am IL O � � t• � • �l JI a M1 ° i +' � �'• 'bIS N* e aabLaY'. G3iCL It��Fs?, ;k • e ; a it �.. � ' • `•"'„ ' � � 4 O � lay a > 16 ;; � .` � ! IIS• 4 i� �°�•".' \.•,r,'1 4...:'` �.:� o �' rr.e to VV1 Yti+ : •,:� • Yi Z' Ct 41, _ a + eth g aey;�.�1.i ,14 °►tae �' A �e; ossa gaee�! K}�is,-fe �$• s'�'+ 4i�� Via: aael ,• [�' 31+e �• � ;;a�" I°� g° 'fib a�E�Q ;'� lea `i?• Uy a a � ,`' aF��r, :i'` � •;Ota r,a `^c;~ - �i /CSI ¢¢ ° '�;�e; ••.f '� F?n F�\ � a rose ' i ernnIN ° '' �' e i ' Q Ngo• � q -K� Eq�g°±q � -N age t -a 116 yy It 411, a `xa •iC £ t Zca°s �Fln ° We;;�F �3 i 744 W;xRp: y Fir gyp. aa�$ae 'e yO Zed a.e,�t Wei RSCORaKa R LIMN TO: Warren. Kellogg, Barber, Dears R routes ArtotneyC at Lary P.O. Bax 626 Renton, WA 9$057 C c 0 a ;s> RUVISED QUIZ' CLAIM DEW the City of Renc=. by Quit Claim Deed recorded under Auditor's Iia. 960405-0334, obtained certain property from Gladys piez-otti, Iniivaidually, and Gladys Pietvtti, a8 Personal a Representative of the H6tUtc, of Breilio Pierotti; and m NEZZM8, the legal description in that Quit Claim Dead +sae in • error: and : ti NRXs, the parties theaeto riah to reform that docnaamat to contain the appropriate legal description; .f. the Dartiw to the Quit Clain Deed fi2ed under Auditor's File No. 960405-C334 do reform that document to read as N foIlo+rs Lf; GLFtiDYS FIxROTTI, Individually, and QLAPYS P1l6=1'as perfi mai Representative of the Retate of Emilio Pierotti, Tor and in , aonai0eration of Ten Dollars ($10.00) and other good and valuable i cmaideratieu tmveys raced quit Clain to the city of Renton, a =micipal corporation of the or -are of wasbi 3*T, the fonowin i described real estate, situated in )Frog Canty, state of '- washingtoa, soggetber with all after acquired title of she Grantors r R ehe�ia: The West 1.iS2"50 feet of the South 194.00 feet of the Northwest quarter of the Southeast quarter of Section 30, 'TOwZ#Aip 23 North, Range S east, x.K., in biag Canty, V&Ah1Qgt0n: Lying Rastorly of SK 167 also known as State Highway 5, +• LBSS State B9.9aways . D]C1M this 7th day of Kar , 1996. Qladys tti7, s�Qwlly rr RBVISHD QVI7 Q.ialat DBSD - 1 �, , rs w cc 13+0 womte of ftwo placoftC] ;s> 11 STAT$ Or Khemnl2icm cntWly or xzI I hcx+bY certify that I know or have satisfactory evidence that Gladys Pierotti is the person rho apgeared before me, signed td.is instilseent and acknowledged it to be her free and vol=tary act for the uses and puny mea ermtioned in the igstrLMNmt . NXTIM Chia 7th day of may. 1995. Pub�andforte Of V& h__^_D9tA3n. !rotary: L&Wrmce J. Har'ren MY appoiutasnt espiras:-L:If-- T ST7LTI of S mnnmpN y ) sa. covrn r or KM k I certify butt 1 30W or Lays "tisfactory tvidence Chat Gladys Pieiotti is the person rbc appeas-sd before see, signed this inv r smt^ ' an o}Ui stated that she mm authorised to ftmm--Ute the iastrumemt, and ac3morledgel it as the Personal Repreraotstivs of the Msrste of Bmi110 Pierotti to he the free and voluntary ace of such party for the uses and purposes smtiggtpd in the instrument. MM this 7th day of xray, 19%. public for the state of 7totary: I.nerence J. Usrr'ea Z.rr :w is u. xP sppoiotemt expires_ RIVISRC Q=T GADS VM - Z a i A, xNwc caus,r NO LIME 1 J( } ira�ren .1 Kellogg, Attorneys r: Law—"�'Er`=07�01 P.D. Sor 628 F Renton, WA 983SV RECD ^� _ �._ RECD STATUTORY wARRANTY DEED u JUHN V. FARRBLL and LES: AS* FARREL.L, nushand ani wife, ror and In eon9id_ration of Ten Dollars iE,�.00i and other good and valuable consideration in rand i,%Ld, convey(is) and warrant(m) to the CITY OF MENTON, a Wash!.:gton r•ur+i.cLpal enrporation, the roll: wing described real estate, situates ill King County, Stste oC '1a*btngron: that portion or tbs vest 1351.96 'set of the south ha?.r of u7 the north nalf of the southeast quarter or Scmll�n 30, � � Town3-aip 23 north, Rsnge 5 east, W.K. , in 1ci:2g Carnty. '�• 9 Stashington, lying easterly or State °Hg7.vay No. 5, exeep,: the south 94 fact thereof; 4 Also, the north 3D reet of the south 224 f.et of sa'd '• _ Subdivi3Lor, lying westerly of 96th Avenue South And Aust il of a Ii7e 1391.86 reef east or the west line of the •v Z;' southeast quarter of said section- --� j� SOO-JECT r0 •'onde•onation by the Stats of' dyshingtonof z right or ao,es to state highway sed of liq:its, view and aLr, by decree entered Ln King County Superior Court Cause No. 575419- oAT20'. a:,• 7 F .,. er �raT•� o: �rasr1r11- ro,- ] C011I+". OF riyO ; I certirr th'st I knca ar n3ve 2ati3r:e`t�,ry ^virtrrm test JOHN V• PABRE!.L r.1 LEE AMR FARREI,6 signed till —9 if:tt.- ment and aelcnowlydged it *7 be their free and voluntary a`t ro, the uses and purposes aentiork—d 10 the Lnstrusent. pATEo ; June �%� 1986. ,i ' SpTos e" [NYsi11Cc t=ry ti>L fie` I f a -,the State - i e o' ifs _ hiding — =.i:_ •--gig "w Ity +A?Daiat 4 S;a7oipNI i1lfIIffl,ffii DMD PAGE 1 �%4v. - . �.=-�'t ��1�r3 �T3}, Li'a�eiYRii..Llka a�.3+�a•. '} .i. ��''S'�::Ti` ^' 'i"", --.:.: -Y- V After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 ANi1.P,?,I'.r Document Title: Easement Reference Number of Related Document: NIA Grantor: City of Renton Grantee: State of Washington, Department of Transportation Legal Description: Pm of the SW/, of the SE% of Section 30, Township 23 North, Range S East, W.11l , King County Additional Legal Description is an Pages 4 and 5 of Document. Assessor's Tax Parcel Number: Ptn 302305-9026-03 EASEMENT State Route 167, S. 55th St. Vic. to SR 405 Vic. The Grantor, CITY OF RENTON, a Washington municipal corporation, for and in consideration of a DONATION, hereby conveys and grants unto the State of Washington, acting by and through its Department of Transportation, and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, an easement over, under, upon and across the hereinafter described lands for the purpose of constructing, operating, monitoring and maintaining a drainage facility as shown on the State's approved construction plans Job No. 10A006, and any associated future modifications. Said lands being situated in King County, in the State of Washington, and described as follows: For legal description and additional conditions, see Exhibit A, and as depicted on Exhibit B, both attached hereto and made a part hereof. FA No. F-167 ( ) RES -324 Project No. U40502F Revised 06110 Page 1 of 6 pages Parcel No. 1-23254 EASEMENT The City of Renton's donation of Parcel No. 1-23254 to the State of Washington is made voluntarily and with fall knowledge of its entitlement to receive just compensation therefore. The City of Renton hereby waives the State of Washington from obtaining an appraisal of the acquired property. The State shall, upon completion of construction of said project described herein, remove all debris and restore the surface of the property as nearly as possible to the condition immediately prior to the State's entry thereon, excepting any modifications or improvements made as part of the construction project. It is understood and agreed that delivery of this Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. Dated , 2012 CITY OF RENTON, a Washington municipal corporation Un DENIS LAW, Mayor Accepted and Approved STATE OF WASHINGTON, Department of Transportation Y� r hn L. J n, Northwest Region Real Estate Services Man ger, Authorized Agent Date: RES -324 Page 2 of 6 pages Parcel No. 1-23254 EASEMENT STATE OF WASHINGTON ss. County of King ) On this day of , 2012, before me personally appeared RENIS LAW, to me known to be the Mayor of the City of Renton, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said city, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under any hand and official seal the day and year last above written. Notary Seal Notary (print name) Notary Public in and for the State of Washington, residing at My Appointment expires Please stay within block. RES -324 Page 3 of 6 pages Parcel No. 1-23254 EASEMENT EXHIBIT A A drainage easement over that portion of the hereinafter described PARCEL "A", described as follows: Beginning at the point of intersection of the southerly line of said PARCEL "A" and the easterly right of way margin of SR 167, said point being 120 feet easterly as measured on a perpendicular from Highway Engineer's Station (hereinafter referred to as HES) 918+55t on the SR 167 line survey of State Route 167 as depicted on Sheet 9 of 14 Sheets on the Washington State Department of Transportation SR 1.67, S. 55th St. Vic. to SR 405 Vic. Right of Way and Limited Access Plan, Approved and Adopted July 8, 2005, revised February 11, 2010, which plan is now of record and on file in the office of the Secretary of Transportation at Olympia; thence easterly on said southerly boundary to a point opposite HES 918+73+ as measured on a perpendicular from said line survey to the intersection with a line 220 feet easterly of and parallel with said line survey; thence northerly along said parallel line to the intersection with a line perpendicular to said line survey and passing through HES 925+15; thence westerly 100 feet along said perpendicular line to a point on said easterly margin; thence southerly along said easterly margin to the point of beginning. Containing an area of 65,088 square feet, more or less. PARCEL "A" That portion of the southwest quarter of the southeast quarter of Section 30, Township 23 North, Range 5 East, W.M., in the City of Renton, Ring County, Washington, described as follows: Beginning at a point on the north and south center line of said section 250 feet north of the south quarter corner; thence North 89°06'03" East along the north line of a tract conveyed to Ivan G. Unbedacht and Phyllis Unbedacht, his wife, by deed recorded under Recorder's No. 4696849, a distance of 950 feet to the True Point of Beginning; thence north parallel with said center line 421.49 feet, more or less, to the northwesterly production of the southerly line of Mance Addition according to the plat recorded in Volume 68 of Plats, page 21, in Ding County, Washington; thence easterly along said production to the southwest comer of Lot 1 in said addition; thence northerly, easterly and RES -324 Page 4 of 6 pages Parcel No. 1-23254 EASEMENT EXHIBIT A (continued) northeasterly along the westerly boundaries of said addition to the north line of said southwest quarter of the southeast quarter; thence westerly along said north line to the easterly line of Primary State Highway No. 5 (now SR 167), as condemned in King County Superior Court Cause No. 582233; thence southerly along said easterly line to the north line of said Unbedacht tract; thence North 89°06'03" East 435 feet, more or less, to the True Point of Beginning. SUBJECT TO Easement recorded under Auditor's File No. 6561572. SUBJECT TO a prescriptive easement for the existing King County Wastewater Treatment Division sewer line. Grantor's Initials RES -324 Page 5 of 6 pages Parcel No. 1-23254 EASEMENT EXHIBIT B qr U') m R RES -32.4 Page 6 of 6 pages Parcel No. 1-23254 Printed: 01-12-2012 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA12-002 01/12/2012 11:49 AM Total Payment: 1,236.00 Current Payment Made to the Fallowing Items: QtY of Renton Plarininq Division JAN 1 2 LLjl� RECOVEto Receipt Number: Payee: STATE OF WASHINGTON Trans Account Code Description Amount ------ 3080 ------------------ 503.000000.004.322 ------------------------------- Technology Fee ---------------- 36.00 5022 000.000000.007.345 Variance Fees 1,200.00 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- ----------------- Payment Check 0928 1,236.00 Account Balances Trans Account Code Description Balance Due ---------------- ------ 3021 ------------------ 303.000000.020.345 -------------------------------- Park Mitigation Fee .00 3080 503.000000.004.322 Technology Fee .00 3954 650.000000.000.237 Special Deposits .00 5006 000.000000.007.345 Annexation Fees .00 5007 000.000000.011.345 Appeals/Waivers .00 5008 000.000000.007.345 Binding Site/Short Plat .00 5009 000.000000.007.395 Conditional Use Fees .00 5010 000.000000.007.345 Environmental Review _00 5011 000.000000.007.345 Prelim/Tentative Plat .00 5012 000.000000.007.345 Final Plat .00 5013 000.000000.007.345 PUD 00 5014 000.000000.007.345 Grading & Filling Fees .00 5015 000.000000.007.345 Lot IA ne Adjustment .00 5016 000.000000.007.345 Mobile Home Parks .00 5017 000.000000.007.345 Rezone .00 5018 000.000000.007.345 Routine Vegetation Mgmt .00 5019 000.000000.007.345 Shoreline Subst Dev .00 5020 000.000000.007.345 Site Plan Approval 00 5021. 000.000000.007.345 Temp Use, Hobbyk, Fence .00 5022 000.000000.007.345 Variance Fees .00 5024 000.000000.007.345 Conditional Approval Fee .00 5036 000.000000.007.345 Comprehensive Plan Amend .00 5909 000.000000.002.341 Booklets/EIS/Copies .00 5941 000.000000.007.341 Maps (Taxable) .00 5998 000.000000.000.231 Tax .00 R1200196 Remaining Balance Due: $0.00