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HomeMy WebLinkAboutReport 1[7Domestic rLj r -i fn Postage $ U-) CertiEed Fee r q Postmark r17 Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) O o- --I- Total Postage &Fees M Sent To — U r� �- ---------- - -- Street a t. --------------------- or PO Box No. -- --- ---- ----------•---------------•----------------------------------- Ciry, Stale, 2fP+4 CITY OF RENT N DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: March 9, 2016 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Selland Joint Use Dock LUA (file) Number: LUA-15-000489, ECF, SM Cross -References: Selland -Thorpe Residential Joint Use Pier AKA's: Barbee Mill Shared Residential Dock; 4017 and 4023 Williams, Selland Joint Use Dock, Selland -Thorpe Residential Joint Use Pier Project Manager: Kris Sorensen Acceptance Date: July 2, 2015 Applicant: James Thorpe & Mark Selland Owner: Mark Selland Contact: Mark Selland PID Number: 0518500460, 0518500450 ERC Determination: DNS -M Date: December 14, 2015 A pal Period Ends: Janus 4 2016 Administrative Decision: Approved with Conditions Date: January 14, 2016 Appeal Period Ends: January 28 2016 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel plies are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project miti ation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. Location: 4017 & 4023 Williams Ave N Comments: ERC Determination Types: DNS - Determination of Non -Significance; DNS -M - Determination of Non -Significance -Mitigated; DS - Determination of Significance. ADVISORY NOTES TO APPLICANT LUA15-000489 Application Date: June 26, 2015 Name: Selland -Thorpe Residential Joint Use Pier m...n�S$EdtIIEtFEEE t ...gym ��.._, City o Site Address: 4023 Williams Ave N Renton, WA 98056-2118 I /— — —' — -- w rLAN - rrlanning McVIUW - I- df1Q Ubtt vit-'iaiuli Engineering.R6:V* ,` ohm hts Contact ,Ul�ou�c kI Gr,1425-430-7291 I vgroirentonwa:go • A lighting study needs to be conducted. • The proposed lighting needs to be amber hued and shrouded. • Is there a proposal to remove the existing dock? • Include dock grate details and material specs. • Project narrative does not match the plans. • The plans do not match the SEPA. Ran: March 09, 2016 Page 1 of 2 ADVISORY NOTES TO APPLICANT LUA'[ 5-000489 c�t�af s , a PLAN - Planning Review - Land Use Version 2 December 10, 2015 F�lanni.ryg Review Co nmer?ts Cont id Kt-isIE 4�re ser�,E� 42 43(-'6593 j ksbrensen@rent6n qt y Recommendations: 1. RMC Section 4 4 030.0.2 limits haul hours between 8:30am to 3:30pm, 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 7:00am and 8:00pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00am and 8:00pm. No work shall be permitted on Sundays_ Ran: March 09, 2016 Page 2 of 2 REPLY TO ATTENTION OF Regulatory Branch Mr. Mark Selland 4017 Williams Avenue North Renton, Washington 98056 Dear Mr. Selland: DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98924-3755 FEB 12 201 A V�,ON QM Reference: NWS -2015-626 Selland, Mark We have reviewed your application to construct a pier and install two boatlifts in Lake Washington at Renton, Washington. Based on the information you provided to us, this "Letter of Permission" (LOP) permit authorizes your proposal as depicted on the enclosed drawings dated September 16, 2015, which are made part of this permit. In order for this LOP authorization to be valid, you must ensure that the work is performed in accordance with the enclosed Letter of Permission General Conditions and the following special conditions: a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. In order to meet the requirements of the Endangered Species Act (ESA) programmatic letter of concurrence for selected activities in the Lake Washington/Lake Sammamish Basins (U.S. Fish and Wildlife Service Reference Number 13410 -2009 -I -0386-R001) you must comply with the conservation measures in the enclosed document titled Enclosure 1, Conservation Measures for Activities Covered under the Lake Washington Programmatic Consultation Letter of Concurrence. if you cannot comply with these conservation measures, you must, prior to commencing construction, contact the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch for an individual consultation in accordance with the requirements of the ESA. The U.S. Fish and Wildlife Service is the appropriate authority to determine compliance with the ESA. c. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Specific Project Information Form dated July 6, 2015, and the Appendix A Application Form for Regional General Permit 1 dated June 4, 2015, in their entirety. The National Marine Fisheries Service (NMFS) concurred with a finding of "may affect, not likely to adversely affect" based on these documents on December 9, 2015 (NMFS Reference Number WCR-2015-3314). Failure to comply with the commitments made in these -2 - documents constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The NMFS is the appropriate authority to determine compliance with ESA. d. To insure that light transmission is not impacted, grating must not be covered with or blocked by any objects, such as, but not limited to, buildings, planters, storage sheds or boxes, nets, carpets, boards, tables, lawn furniture, or utility conduits or boxes. e. In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July lb through December 31 in any year this permit is valid. You shall not conduct work authorized by this permit from January 1 through July 15 in any year this permit is valid. We have reviewed your project pursuant to the requirements of the ESA and the Magnuson - Stevens Fishery Conservation and Management Act in regards to Essential Fish Habitat. The U.S. Army Corps of Engineers has determined that this project will comply with the requirements of the above laws provided you comply with special conditions "b" through "e" listed above. Please be reminded that Special Condition "c" of your permit requires that you implement and abide by the ESA requirements and/or agreements set forth in the Specific Project Information Form and Appendix A Application Form for Regional General Permit 1 for this project. In particular, note that the forms require that you implement a shoreline planting plan, monitor and submit monitoring reports on the planted area to the U.S. Army Corps of Engineers (Corps) annually for a period of 5 years, and record the location and description of the planting area on your deed. Failure to comply with the commitments made in these forms constitutes non-compliance with the ESA and your Corps permit. Lake Washington is a water of the U.S. If you believe this is inaccurate, you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Any change in the plans for this work will require that you submit revised drawings to this office and receive our written approval of those changes prior to conducting the work. If you object to any terms or conditions of this LOP or the JD, you may request an administrative appeal under our regulations (33 CFR Part 33 1) as described in the enclosed Appeal Process Fact Sheet and the Notification ofAdministrative Appeal Options and Process and Request for Appeal form. Your authorization to conduct the proposed work under this permit expires 3 years from the date of this letter. Within 30 days of completing the authorized work, you must fill out and _3 return the enclosed Certificate of Compliance with Department of the Army Permit form to the address indicated on the form. Your signature on this form is our assurance you have conducted the work and any required mitigation in accordance with the terms and conditions of this LOP, including all special conditions. Please remember that failure to comply with the terms and conditions of this LOP, including any special conditions, will invalidate your authorization and could result in a violation of Federal law. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey form. This form and information about our program is available on our website at: www.nws.usace.army.mil (select "Regulatory Branch, Permit Information"). While this project will not require further authorization from us, please note that it must comply with all local, State, and other Federal requirements that may apply. A copy of this letter and permit drawings will be furnished to Mr. Evan Wehr, of Ecco Design, Inc., at 203 North 36`x' Street, Suite 201, Seattle, Washington 98103. If you have any questions about this letter or our regulatory program, please contact Ms. Susan Powell via email at susan.m.powell@usace.army.mil or by phone at (206) 764-5527. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ?&OV Gam" {gyp, John G. Buck Colonel, Corps of Engineers District Engineer Enclosures PROJECT] N FORMATION OWNER: MARK SELLAND JAMES THORP DRAWINGS BY: ECCO DESIGN INC. 203 N 36TH ST SUITE 201 SEATTLE, WA 98103 206-706-3937 SITE ADDRESS: 4017 & 4023 WILLIAMS AVE N RENTON, WA 98056 PARCEL NUMBER: (4017) 0518500460 & (4023) 0518500450 BODY OF WATER: LAKE WASHINGTON LEGAL DESCRIPTION: (0518500460) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P (0518500450) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P PROJECT DESCRIPTION: CONSTRUCT NEW PIER (400 SQUARE FEET) AND INSTALL TWO NEW BOAT LIFTS. PLANT NATIVE VEGETATION ALONG THE SHORELINE. PURPOSE: Boat Moorage DATUM: C.O.E. Locks Datum Est. 1919 ADJACENT PROPERTY OWNERS: 1. Charles & Elaine Wu 2. Peng Jiang VICINITY MAP t ,:r� lMersIale 90 Exp, e$s . NJ: Kikar MI Baker Boulevard Lake ¢ Pecple Park c. n I ra 5ew�srd rr=k � Val3�y (D NAME: Mark Selland & James Thorp REFERENCE #: pi =, lU ct�� SITE LOCATION ADDRESS: 4017 & 4023 Williams Ave. N Renton, WA 98056 chis"r7 -_i V" -A Beach Park,rlir,:,n Warney Wen Park Mercer blind island Crest]>ark � �{ 0lyn Niaw•-Skyway w �' Renton PROPOSED: Pier & Boat Lifts IN: Lake Washington AT: Renton COUNTY: King STATE: WA SHEET 1 of 7 DATE: September 16, 2015 PLEASE NOTE THAT THE SHORELINE CONFIGURATION AND PROPERTY LINE LOCATIONS ARE APPROXIMATE ONLY. PROPERTY LINES ARE BASED ON SURVEY REC_ NO. 20080208000182. ,x . EXISTING ADJACENT 1 _ PIERS .x C15 / PROPOSED PIER W/ Q 8p. TWO BOAT LIFTS ` f x ADJACENT PIER NOT YET— CONSTRUCTED LAKE WASHINGTON OHWM 21.85' SITE PLAN. SCALE 1" = 60'-0" 0 90 FT 4Q, c OHWM 21.85' 90, OHWM 21.85' MAY GREEK THE LAKE HOUSES AT EAGLE CO 4001 WELLS AVE N EXISTING--- ADJACENT PIER f� v Reference: 11),% m/_5- _6, Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of 7 Date: 9/16/2015 10" 0 STEEL PILE SET 10" 0 STEEL PILE SET PROPOSED— BOAT LIFTS THRUFLOW GRATED DECKING DOCK LIGHT, TYP. (4 TOTALr-- - ELECTRICAL LINE TO BE RUN FROM RESIDENCE AT 4017 WILLIAMS AVE. N. 4" 0 STEEL PILES FOR FIRST SET ELECTRICAL CONDUIT A 0 20 FT PLAN V SCALE 1" = 10'-0" 6-0" ,---DOCK LADDER zn A A r 0 N 8" 0 STEEL PILE SET 0 0 0 0 It Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 3 of 7 Date: 9/16/2015 PROPOSE AND BOA - PROP PD 4 PACIFIC DOGWOOD (l hitt) \ NOTE: EXISTING PLANTINGS ® 8 NOOTKA ROSE (SHRUB) ARE SHOWN IN GRAY © 8 RED -FLOWERING CURRANT (SHRUB) OQ 4 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1" = 20'-0" Reference: l) LUQ X1.5 - (''A Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9/16/2015 EXISTING PLANT LEGEND AMELANCHIER ALNIFOLIA 1 SERVICEBERRY Q CORNUS STOLONIFERA / RED TWIG DOGWOOD ® MAHONIA AQUIFOLIUM / TALL OREGON GRAPE © MAHONIA NERVOSA / LOW OREGON GRAPE RIBES SANGUINEUM / RED FLOWERING CURRANT Q ROSA NUTKANA / NOOTKA ROSE SYPHORICARPOS ALBUS / BALD -HIP ROSE VACCINUM OVATUM / EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS ALLIUM CERNUUM /NODDING ONION JJJJJ ARCTOSTAPHYLOS UVA-URSI 1 KINNIKINNIK FRAGARIA CHIL.OENSIS ! BEACH STRAWBERRY GAULTHERIA SHALLON ! SALAL Reference: AA `' ')'O/S Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 9/16/2015 G . 'a{7 �- 1J r - XGOr- n mw m —� --4 CD Acn AC) to opo C7m ,A n ca o yr cn cr+ cn 0 rl M s -n rn r,r> Ov y l D STATES-: D8TAL^° VICF First -Class Mail » %"• , Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �abrinG� Miravr�P Ci,��peva-CEYJIOtF� l0 SUrad�Wa� fillililljpll • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: gg�oq•5N�- Ye.5clland A. Signature W X ❑ Agent ❑ Addressee B. Received by (Pfinted Name) C. Date of Delivery -/y, Ex D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3 -Se ce Type ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.o.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7014 3490 0001 534 2 11E9 PS Form 3811, February 2004 Domestic Return Receipt 1025 Q� O O _UQ �Vvy � C z Wp v� o o d ani x�z vacs' -z3 �s E=r 3 $ ooa m�'o o aaa QO�F-�❑ �;o aroma ca�a� p ° ycd.bnc a oU ao �'j u�d�1� y�''��✓^ aid a,� �3 on`� , u E a �a �� � �� o L L G° E� caM X❑ v a y 3co A o o cu `0 v ❑ ea C.. rs7�Zg�rn u n w.o m u� > o �� � n M4y o oze� y E w o cr °� mo o c2,5 y �— pr =bp ap a ort � a ��A} y Lo O�`GOrG3zit ° o °.?�o 8� ° �a'amy N E u c �° z>s�'yOw �zZ �F v� E cac mow° ` ooYJ� �. �L''aQ Znz9F oC] E c� o a sV W �p:�E.o,a,.0 v'��o yav'oc°'� aa v� " F v a o a8iv�r>'EZ a .o v a E 8 0 � Q „o aon v E uu v S y� jai V c ona.24 r�rQ 3UC7Q ro �a °Uo 0 ❑°o �3•° G 00 a n'o �0 cu �o E'~ `z �O a L4 P. 0400 O f3. 3 a� hil CU cn ani o Q C� cq a� ct Z 42 �� �� X in4bju ' � oma' 3 dao ., . 4p A •y chi ca 3�r� ZI ct o�-o o a� DEPARTMENT OF COMMUNITY 7 ('`>`°f W AND ECONOMIC DEVELOPMENT W.f PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: January 14, 2016 LUA15-000489, ECF, SM July 1, 2015 July 7, 2015 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: Selland -Thorpe Joint Use Residential Pier PROJECT MANAGER: Kris Sorensen, Associate Planner OWNER: Mark Selland, 4017 Williams Ave N & James Thorpe, 4023 Williams Ave N; Renton WA 98056 CONTACT/APPLICANT: Mark Selland, 4017 Williams Ave N, Renton WA 98056 PROJECT LOCATION: 4017 & 4023 Williams Ave N LEGAL DESCRIPTION: 4017 Williams Ave N: Lot 46, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington. Together with an undivided interest in Tracts A, B, C, D, F, F, G, H, 1, K, L, M, N, O and P as delineated on the face of said prat. 4023 Williams Ave N: Lot 45, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington. Together with an undivided interest in Tracts A, B, C, D, E, F, G, H, 1, K, L, M, N, O and P as delineated on the face of said plot. SEC-TWN-R: NW -32-24-5 City of Renton Deportment of Cor,....unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT; January 14, 2016 Page 2 of 13 PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint use residential pier on the shore of Lake Washington. The pier would have a fully grated 80 - foot long, 4 to 6 feet wide deck with a total area of 400 square feet. Two boatlifts would be located next to the pier, one on either side, and would be located approximately 56 feet from the shoreline. The pier construction would be accomplished by driving steel piles using a barge -mounted vibratory pile. The pier would be supported by eight galvanized steel piles in the water, four 10 -inches in diameter, two 8 -inches in diameter, and two 4 -inches in diameter. The steel piles would be spaced at 20 foot intervals from the shoreline to the end of the pier. The bottom of the pier is approximately 18 inches above the Ordinary High Water Mark (OHWM). The proposed boat lifts would be approximately within 6 to 12 inches above the OHWM in the most upward position when a boat sits on top of the bunkers in a parked position. The lifts are approximately 12 feet by 10 feet in size (120 square feet in area) and would sit on the bottom substrate of the lake on four 1 -foot by 1 -foot pads. The deepest point of the lifts would be approximately 14 % feet below the waterline. Construction materials would be stored on a barge brought to the site. The date of construction would depend on when the necessary government approvals are issued. Construction of the pier and installation of the boat lifts would take approximately two weeks to complete from the start of work. The in -water work window within Lake Washington at the site is open from July 16 to December 31. The work is proposed to be completed in July 2016. The boatlifts would be pre -assembled and set in the lake by crane from the construction barge following construction of the pier. A silt containment curtain would be installed around the work area. The joint use pier would provide moorage and facilitate access to Lake Washington for the residents of the two upland properties. The subject properties have approximately 80 feet of Lake Washington shoreline. The shoreline at these residential properties is an existing metal sheetpile bulkhead with concrete cap. A planting mitigation plan provides for 4 trees (Oregon Ash, Shore Pine, or 5itka Willow), 8 Nootka Rose shrubs, 8 Red -Flowering Currants shrubs, and 4 Tall Oregon Grape shrubs on the two properties. Both properties would receive approximately half of the trees and shrubs and the plantings would be located close to the shoreline bulkhead. The subject properties are part of the Conner Homes at Barbee Mill project which includes 114 lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of, but are not limited to, duplexes and single-family residences. The overall site was formerly a lumber mill City of Renton Deportment of Con,- -inity& Economic Development Shoreline Mono gement Permit Selland -Thorpe Joint Use Residential Fier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 3 of 13 facility. In order to restore the former industrial site to a site suitable for a residential waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and piling associated with the mill operation were removed; and shoreline restoration was accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon cessation of the mill operation. The estimated fair market value of the project is $100,000. An Environmental (SEPA) Review Determination of Non -Significance — Mitigated (DNS -M) was issued for this project on December 18, 2015 with 6 mitigation measures. The appeal period of the determination ended January 4, 2016. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permits for the construction of a shared pier connected to the shoreline and installation of two boat lifts for the use of two residential properties. 2. The site currently is comprised of two single family residences, each with landscaping between the structure and shoreline and pathways to the shoreline that provide access to the proposed pier. The adjacent properties on the north and south sides are developed with residential homes. 3. The shared pier would project waterward from the shoreline approximately 80 feet and have boat lifts installed on either side approximately 56 feet from shore. 4. The pier and boat lifts would provide moorage and facilitate access to Lake Washington for use by residents and guests 4017 and 4023 Williams Ave N. 5. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width from the shore to a distance of 40 feet waterword, and increases to 6 feet in width to the end of the walkway, 80 feet waterword. The pier would be supported by eight galvanized steel piles in the water, four 10 -inches in diameter, two 8 -inches in diameter, and two 4 -inches in diameter. 6. The boat lift dimensions are approximately 120 square feet in area supported on the lake bottom by four 1 -foot wide by 1 -foot long pads, with a total of 4 square feet sitting on the lake bottom. 7. The boat lifts are accessory to the shared pier, and are permitted outright per RMC Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 14 % feet below the waterline at their most westerly deepest point. 8. The shared pier would extend waterword from the shoreline past the Inner Harbor line into an area of Lake Washington regulated by Department of Natural Resources (DNR). City of Renton Deportment of Co..... runity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 4 of 13 9. The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for Lake Washington. 10. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report, the Environmental (SEPA) Review Report, and the Departmental Recommendation at the end of this report. 11. An Environmental (SEPA) Review Determination of Non -Significance — Mitigated (DNS - M) was issued for this project on December 18, 2015 with 6 mitigation measures. The appeal period of the determination ended January 4, 2016. No appeals were filed. 12. An biological evaluation by Marine Surveys & Assessments, dated June 8, 2015, and addendum, dated June 30, 2015, states that for this project there will be no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Master Program. 13. The applicant received approval of the planting plan by the Barbee Mill homeowners association for installation of the proposed plantings along Lake Washington shoreline. 14. A planting mitigation plan provides for four trees (Oregon Ash, Shore Pine, or Sitka Willow), 8 Nootka Rose shrubs, 8 Red -Flowering Currants shrubs, and 4 Tall Oregon Grape shrubs on the two properties. Both properties would receive approximately half of the trees and shrubs and be planted along the shoreline bulkhead. 15. The following table contains project elements intended to comply with the Shoreline Master Program standards ano policies, as outtined in KM(_ 4-:5-uvu: A. COMPREHENSIVE PLAN CO.MPLIANCE.AND CONSISTENCY, SHORELINE-: ELEMENT.- The site is located.in: the Shoreline High-intensity Overlay District. The objective of the High Intensity Overlay is to provide'opportunities for large-scale office and commercial employment centers as well as multi -family residential use and public services. This district provides opportunities for water -dependent and water -oriented uses while protecting existing ecological functions and restoring,ecological functions in areas that have been previously degraded. Development may also provide for public use and/or community use, especially access to and along the water's edge. The proposal is compliant with the following Shoreline policies: Objective 5H -A. Provide for use of the limited water resource consistent with the goals of V the Shoreline Management Act by providing a preference for water -oriented uses. Objective SH -B. Provide that the policies, regulations, and administration of the Shoreline Master Program ensure that new uses, development, and redevelopment within the City of Renton Department of Co ...... anity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 5 of 13 shoreline jurisdiction do not cause a net loss of shoreline ecological functions. Policy SH -7. Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net loss of ecological functions. Policy SH -14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. B. DEVELOPMENT STANDARDS: The subject site where the pier will be located is classified as Shoreline High -Intensity on the City of Renton Shoreline Overlay Map. The folio wing development standards.are applicable to the proposal:. 1. No Net Loss of Ecological Functions Required Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The applicant provided a biological evaluation by Marine Surveys & Assessments, dated lune S, 2015, and addendum, dated lune 30, 2015, stating that the project and mitigation measures and proposed plantings provide for no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Master Program. 2. Burden on Applicant Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline ✓ Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. City of Renton Department of Co ...... unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential pier LUAI5-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 6 of 13 3. View Obstruction and Visual Quality View Corridors Required: Where commercial, industrial, multiple use, multi -family and/or multi -lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or N/A trails. Staff Comment: The proposed shared pier and two boat lifts are not a primary structure and the pier would be approximately 2.5 feet above the waterline and a boat sitting on the lift bunkers at the highest point would be approximately 5 feet above the waterline. Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations. ✓ Staff Comment: The pier and boat lifts are less than 35 feet in height above the waterline as mentioned in the previous section. The pier is proposed to project waterward from the shoreline, which is a lower grade than the building pads where the existing homes are built. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall N/A provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. Staff Comment: The proposed shared pier has four lights, with two on either side of the decking. The pier lights are not anticipated to create glare, illuminate nearby residential properties, or create hazards for public traffic. As a part of the SEPA Environmental Review, a mitigation measure was applied to the project requiring the lights to have an amber hue, which is anticipated to further reduce impacts of the lights. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ N/A materials that limit reflected light. Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. Staff Comment: Conduit containing electric wiring is proposed as part of the pier proposal for the pier lights. The conduit is below the walking surface grate and screened from view. City of Renton Department of Co.... ,unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier L UA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 7 of 13 Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. Staff Comment: The freestanding boat lifts on either side of the shared pier at their highest point would be below the elevation of the nearby existing shoreline steel and concrete bulkhead without a boat, and below the top of the pier at the highest point without a boat. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to six feet in width. Stairways shall ✓ conform to the existing topography to the extent feasible. Staff Comment: The existing walkway along the two properties' shared property line is 4 feet in width, is concrete, and therefore does not exceed the four foot width maximum. 4. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of water and booting related activities on the lake and that occur with a shared pier and moorage. S. Public Access: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. Lake Washington Reach C: The potential for provision of public access from new development will occur after cleanup of the Superfund site with multi -use development, which shall include shoreline access across the entire property, with controlled access to the water's edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for water -dependent use, consistent with standards of this N/A Section. Provision of public access from future redevelopment of the Seahawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section. Staff Comment: The pier and two freestanding boatlifts will not impact or reduce public access established through the Barbee Mill lumber mill clean-up and redevelopment. 6. Building and Development Location— Shoreline Orientation Shoreline developments shall locate the water -dependent, water -related, and water -enjoyment portions City of Renton Department of Co unity & FxnoMk Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 8 of 13 of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment. The applicant's biological habitat evaluation and related oddendums provide an analysis, which concludes that the pier and associated boat lifts are located in Vol the least sensitive portion of the site. Additionally, comments received from reviewing agencies have been integrated into the project by the applicant and provided for improved site development to reduce impacts in the shoreline area. Native plontings are to be installed in closer proximity of the Lake Washington shoreline and will include four trees, two trees on both properties. Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under -building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline ✓ stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water - dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff Comment: Criteria "d" above is applicable to the project. The installation of the shared pier will have a physical connection with the shoreline. it is not anticipated that the proposal would create structural destablization of the existing shoreline steel and concrete bulkhead in the future. Any stabilization work if required in the future, would require a shoreline permit and provide required onlysis to evaluate passible impacts of ecological functions and mitigation requirements. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water -oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or IV/,4 developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water -oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. City of Renton Department of Cc ...... unity & Economic Development Selland -Thorpe Joint Use Residential Pier DATE OF PERMIT: January 14, 2016 Shoreline Management Permit LUA15-000489, ECF, SM Page 9 of 13 Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water -related recreation shall be preserved. ✓ Staff Comment: The proposed location is in an area of Lake Washington where navigation is limited, as the site dead -ends into a shoreline sheet pile and concrete cap and bulkhead. As such, the placement of the shared pier and boat lifts at this location would not result in unreasonable impacts to navigation or recreation. 7. Archaeological, Historical, and Cultural Resources: Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. Staff Comment: The project proposal and notice of application were provided to reviewing agencies including the State Department of Archaeology & Historic Preservation (DAHP) as part of the SEPA review process. No agency comments were provided that require any additional assessments or mitigation measures related to archaeological, historical, and cultural resources. Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State ✓ Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure ✓ review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Comment. See comment above. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the ✓ Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or City of Renton Department of Cor nity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 10 of 13 conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. Access for Educational Purposes Encouraged: Land owners are encouraged to provide access qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. pfollto Staff Comment: See comment above. ds for Density, Setbacks, and Height—Activities Exempt from Buffers and Setbacks owing development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. Water -Dependent Development: Those portions of approved water -dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ✓ ponds, marine shorelines, associated wetlands, and/or within their associated buffers. Staff Comment: The shared pier is a facility primarily for moorage and use by residents and guests of the two residential properties. 9. Use Regulations: a. Boat Lifts: Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are placed as far waterward as feasible and safe, and platform lifts are fully grated. Staff Comment: See the above report subsection 6. "Location of Development". b. Recreation Use: Piers and Docks Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. Staff Comment: The proposal is a shared pier and boat lifts. A shared facility lessens the ✓ number of piers and docks in the water that may cause interference with the public use and enjoyment of the water. The pier and boat lifts project design is anticipated to minimize interference with the public use and enjoyment of the water and shoreline, and is not anticipated to create a hazard to navigation. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. J Staff Comment: The project location and design is not anticipated to result in unreasonable interferere with the use of adjacent piers. City of Renton Department of Co .. unity & Economic Development Selland -Thorpe Joint Use Residential Pier DATE OF PERMIT: January 14, 2016 Shoreline Management Permit LUA15-000489, ECF, SM Page 11 of 13 The use of floating docks in lieu of other types of docks is to be encouraged in those areas N/A where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. The expansion of existing piers and docks is preferred over the construction of new. N/A Staff Comment: The project is a shared pier between two shoreline properties and is new. The shared pier provides for two properties' use of one pier rather than the construction of two individual piers for each property. The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a N/A single family residence on an existing lot. Staff Comment: The project is a pier accessory to single family residences. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. Staff Comment: The biological evaluation and addendum to the evaluation determines that no net loss of ecological function will result from this project's unavoidable impacts due to its water dependent use and associated proposed shoreline plantings. Over -water construction not required for moorage purposes is regulated as a recreation N/A use. New or expanded piers and docks allowed for water -dependent uses shall be consistent with the following criteria. • Water -dependent uses shall specify the specific need for over -water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water -dependent use. • Water -related, water -enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water -dependent use structures where they are dearly auxiliary to and in support of water -dependent uses, provided the minimum size requirement needed to meet the water -dependent use is not violated. • Public access is required over all docks utilizing public aquatic lands that serve water -dependent uses, water -enjoyment uses and multiple uses, provided it does not preclude the water -dependent use. • The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. Staff Comment: Boat moorage for the single family residences is proposed through the construction of an over -water pier and two boat lifts. The project impacts and coverage areas are less than the construction of two individual piers, as the project is a shared single pier. The pier length does not extend beyond a length necessary to provide reasonable and safe moorage. City of Renton Department of Con.... unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LIJAiS-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 12 of 13 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated December 18, 2015. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any conditions) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: J Jennifer Henning, A1CP, Planning Director Department of Community & Economic Development Date APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be City of Ren tan Department of Co ...... unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT; January 14, 2016 Page 13 of 13 commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Exhibits/Attachments: Selland Thorpe Pier and Planting Plans, Sheets 1-7, prepared by Ecco Design, dated September, 29, 2015 cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Mark Selland/Owner James Thorpe/Owner Party(ies) of Record PROJECT INFORMATI- OWNER: MARK SELLAND JAMES THORP DRAWINGS BY: ECCO DESIGN INC. 203 N 36TH ST SUITE 201 SEATTLE, WA 98103 206-706-3937 SITE ADDRESS: 4017 & 4023 WILLIAMS AVE N RENTON, WA 98056 PARCEL NUMBER: (4017) 0518500460 & (4023) 0518500450 BODY OF WATER: LAKE WASHINGTON LEGAL DESCRIPTION: (0 5 1 8500460) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P (0518500450) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P PROJECT DESCRIPTION: CONSTRUCT NEW PIER (400 SQUARE FEET) AND INSTALL TWO NEW BOAT LIFTS. PLANT NATIVE VEGETATION ALONG THE SHORELINE. PURPOSE: Boat Moorage DATUM: C.O.E. Locks Datum Est. 1919 ADJACENT PROPERTY OWNERS: 1. Charles & Elaine Wu 2. Peng Jiang VICINITY PROJECT SITE: LAT: 47.52864° N LON: -122.20505° W NW 114 S:32 T:24N R:5E .f� NAME: Mark Selland & James Thorp REFERENCE M SITE LOCATION ADDRESS: 4017 & 4023 Williams Ave. N Renton, WA 98056 PROPOSED: Pier & Boat Lifts IN: Lake Washington AT: Renton COUNTY: King STATE: WA SHEET 1 of 7 DATE: September 29, 2015 PLEASE NOTE THAT THE SHOREL, ._ CONFIGURATION AND PROPERTY LINE LOCATIONS ARE APPROXIMATE ONLY. PROPERTY LINES ARE BASED ON SURVEY REC. NO. 20080208000182. PROPOSED PIER W1 TWO BOAT LIFTS EXISTING ADJACENT _ PIERS x _ " ADJACENT PIER NOT YET-- --� CONSTRUCTED, LAKE WASHINGTON OHWM- 21.85' SITE PLAN. SCALE 1" = 60'-0" ] 90 FT 10, OH W M „�/ _ X020✓9� 21.85' \• \ �i�� 5 �� \ �L�c� (i -70 %y' P fG OHWM 21.85' MAY CREEK THE LAKE HOUSES AT EAGLE CO 4001 WELLS AVE N ADJACENT PIER Reference: Applicant: Mark Selland & N James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of 7 Date: 9/29/2015 10" 0 STEEL PILE SET 10" 0 STEEL PILE SET PROPOSED BOAT LIFTS THRUFLOW GRATED DECKING DOCK LIGHT, TYP. (4 TOTAL) ELECTRICAL LINE TO BE RUN FROM RESIDENCE AT 4017 WILLIAMS AVE. N. 4" 0 STEEL PILES FOR FIRST SET ELECTRICAL CONDUIT A 0 20 FT PLAN V SCALE 1" = 10'-0" T= - y— DOCK LADDER A A 0 N N --- o O 00 'S" 0 STEEL PILE SET Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 3 of 7 Date: 9/29/2015 80' PROPOSED PIER 56' PROPOSED BOAT LIFTS EXISTING STEEL &— . CONCRETE BULKHEAD TO REMAIN OHW 21.85' \ L-7777 APPROX. LOCATION OFLAKEBED ELEVATION VIEW SCALE 1" = 20'-0" 0 30 FT Reference: Applicant: Mark Selland & Jaynes Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 4 of 7 Date: 9129/2015 5-7" T-6" PIER SECTION A -A SCALE 112" = 1'-0" THRUFLOW GRATED DECKING 3 x10 CEDAR FACIA C8x11.5 GALV. STEEL CHANNEL HSS U&318" GALV.STEEL RECTANGLE Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 5 of 7 Date: 9/29/2015 PROPOSE AND BOAT PROP PD 4 PACIFIC: UOUVVODU (I HEE) [R� 8 NOOTKA ROSE (SHRUB) © 8 RED -FLOWERING CURRANT (SHRUB) 4 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1" = 20'-0" Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9/29/2015 NOTE: EXISTING PLANTINGS A� N ARE SHOWN IN GRAY Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9/29/2015 EXISTING PLANT LEGEND 0 AMELANCHIER ALNIFOLIA / SERVICEBERRY Q CORNUS STOLONIFERA / RED TWIG DOGWOOD (E) MAHONIA AQUIFOLIUM 1 TALL OREGON GRAPE Q MAHONIA NERVOSA / LOW OREGON GRAPE `CJ RIBES SANGUINEUM / RED FLOWERING CURRANT SYPHORICARPOS ALBUS / SNOWBERRY VACCINUM OVATUM / EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS ALLIUM CERNUUM / NODDING ONION ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK FRAGARIA CHILOENSIS /BEACH STRAWBERRY 0 GAULTHERIA SHALLON / SALAL Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 9/29/2015 Denis Law Mayor C1ty of,,,- SY rj -.�ri January 14, 2016 State Department of Ecology Northwest Regional Office 3190160th Ave. SE Bellevue, WA 98008-5452 Community & Economic Development Department CE."Chip"Vincent, Administrator SUBJECT: Shoreline Management Substantial Development Permit for Selland Thorpe Joint Use Residential Pier File No. LUA15-000489, ECF, SM Dear Sir or Madam: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on January 14, 2015. A Determination of Non -Significance -Mitigated was issued by the City's Environmental Review Committee on December 18, 2015. The appeal period ended on January 4, 2016, and no appeals of the threshold determination were filed. We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and contact me at X425} 430-6593 if you have any questions or need additional information. Sincerely, �r Kris Sorensen Associate Planner Enclosures; 1. Administrative Decision 2. Legal Descriptions 3. Copy of Master Applications 4. Project Narrative 5. Biological Assessment and Addendum 6. Neighborhood Detail Map 7. Notice of Application 8. 5EPA Checklist 9. SEPA Determination 10. 5EPA Determination Mitigation Measures 11. 5EPA Determination Advisory Notes Renton City Nall . 1055 south Grady Way • Renton, Washington 98057 . rentonwa.gov Washington State Department of Ecology Page 2 of 2 January 14, 2016 cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Mark Selland/Applicant/Owner James Thorpe/Owner Party(ies) of Record SM cover letter 15-000489 DEPARTMENT OF COMMUNITY;` City of e� f.. AND ECONOMIC DEVELOPMENT ` `._'• PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: January 14, 2016 LUA15-000489, ECF, SM July 1, 2015 July 7, 2015 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: Selland -Thorpe Joint Use Residential Pier PROJECT MANAGER: Kris Sorensen, Associate Planner OWNER: Mark Selland, 4017 Williams Ave N & James Thorpe, 4023 Williams Ave N; Renton WA 98056 CONTACT/APPLICANT: Mark Selland, 4017 Williams Ave N, Renton WA 98056 PROJECT LOCATION: 4017 & 4023 Williams Ave N LEGAL DESCRIPTION: 4017 Williams Ave N: Lot 46, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington. Together with an undivided interest in Tracts A, B, C, D, E, F, G, H, 1, K, L, M, N, O and P as delineated on the face of said plat. 4023 Williams Ave N: Lot 45, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington. Together with an undivided interest in Tracts A, B, C, D, E, F, G, H, 1, K, L, M, N, 0 and P as delineated on the face of said plat, SEC-TWN-R: NW -32-24-5 City of Renton Department of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUAI5-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page z of 13 PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is proposing to construct a joint use residential pier on the shore of Lake Washington. The pier would have a fully grated 80 - foot long, 4 to 6 feet wide deck with a total area of 400 square feet. Two boatiifts would be located next to the pier, one on either side, and would be located approximately 56 feet from the shoreline. The pier construction would be accomplished by driving steel piles using a barge -mounted vibratory pile. The pier would be supported by eight galvanized steel piles in the water, four 10 -inches in diameter, two 8 -inches in diameter, and two 4 -inches in diameter. The steel piles would be spaced at 20 foot intervals from the shoreline to the end of the pier. The bottom of the pier is approximately 18 inches above the Ordinary High Water Mark (OHWM), The proposed boat lifts would be approximately within 6 to 12 inches above the OHWM in the most upward position when a boat sits on top of the bunkers in a parked position. The lifts are approximately 12 feet by 10 feet in size (120 square feet in area) and would sit on the bottom substrate of the lake on four 1 -foot by 1 -foot pads. The deepest point of the lifts would be approximately 14 Meet below the waterline. Construction materials would be stored on a barge brought to the site. The date of construction would depend on when the necessary government approvals are issued. Construction of the pier and installation of the boat lifts would take approximately two weeks to complete from the start of work. The in -water work window within Lake Washington at the site is open from July 16 to December 31. The work is proposed to be completed in July 2016. The boatlifts would be pre -assembled and set in the lake by crane from the construction barge following construction of the pier. A silt containment curtain would be installed around the work area. The joint use pier would provide moorage and facilitate access to Lake Washington for the residents of the two upland properties. The subject properties have approximately 80 feet of Lake Washington shoreline. The shoreline at these residential properties is an existing metal sheetpile bulkhead with concrete cap. A planting mitigation plan provides for 4 trees (Oregon Ash, Shore Pine, or Sitka Willow), 8 Nootka Rose shrubs, 8 Red -Flowering Currants shrubs, and 4 Tall Oregon Grape shrubs on the two properties. Both properties would receive approximately half of the trees and shrubs and the plantings would be located close to the shoreline bulkhead. The subject properties are part of the Conner Homes at Barbee Mill project which includes 114 lots ranging in size from 1,800 square feet to 6,000 square feet. The lots consist of, but are not limited to, duplexes and single-family residences. The overall site was formerly a lumber mill City of Renton Department of Community & Economic Development Shoreline Morragement Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT; January 14, 2016 Page 3 of 13 facility. In order to restore the former industrial site to a site suitable for a residential waterfront subdivision, the mill buildings were demolished, contaminated soils remediated, fill soils were removed from behind the bulkhead, asphalt paving, a pier, a wooden bulkhead and piling associated with the mill operation were removed; and shoreline restoration was accomplished. The shoreline restoration was accomplished by the Barbee Mill Company upon cessation of the mill operation. The estimated fair market value of the project is $100,000. An Environmental (SEPA) Review Determination of Non -Significance — Mitigated (DNS -M) was issued for this project on December 18, 2015 with 6 mitigation measures. The appeal period of the determination ended January 4, 2016. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permits for the construction of a shared pier connected to the shoreline and installation of two boat lifts for the use of two residential properties. 2. The site currently is comprised of two single family residences, each with landscaping between the structure and shoreline and pathways to the shoreline that provide access to the proposed pier. The adjacent properties on the north and south sides are developed with residential homes. 3. The shared pier would project waterward from the shoreline approximately 80 feet and have boat lifts installed on either side approximately 56 feet from shore. 4. The pier and boat lifts would provide moorage and facilitate access to Lake Washington for use by residents and guests 4017 and 4023 Williams Ave N. 5. The pier area is 400 square feet in area, fully grated, with the walkway 4 feet in width from the shore to a distance of 40 feet waterword, and increases to 6 feet in width to the end of the walkway, 80 feet waterword. The pier would be supported by eight galvanized steel piles in the water, four 10 -inches in diameter, two 8 -inches in diameter, and two 4 -inches in diameter. 6. The boat lift dimensions are approximately 120 square feet in area supported on the lake bottom by four 1 -foot wide by 1 -foot long pads, with a total of 4 square feet sitting on the lake bottom. 7. The boat lifts are accessory to the shared pier, and are permitted outright per RMC Table 4-3-090.E.1 Shoreline Use Table, and would be approximately 14'/ feet below the waterline at their most westerly deepest point. 8. The shared pier would extend waterword from the shoreline past the Inner Harbor line into an area of Lake Washington regulated by Department of Natural Resources (DNR). City of Renton Department of Com... unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 4 of 13 9. The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for Lake Washington. 10. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments have been incorporated into the appropriate sections of this report, the Environmental (SEPA) Review Report, and the Departmental Recommendation at the end of this report. 11. An Environmental (SEPA) Review Determination of Non -Significance — Mitigated (DNS - M) was issued for this project on December 18, 2015 with 6 mitigation measures. The appeal period of the determination ended January 4, 2016. No appeals were filed. 12. An biological evaluation by Marine Surveys & Assessments, dated June 8, 2015, and addendum, dated June 30, 2015, states that for this project there will be no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Master Program. 13. The applicant received approval of the planting plan by the Barbee Mill homeowners association for installation of the proposed plantings along Lake Washington shoreline. 14. A planting mitigation plan provides for four trees (Oregon Ash, Shore Pine, or Sitka Willow), S Nootka Rose shrubs, 8 Red -Flowering Currants shrubs, and 4 Tall Oregon Grape shrubs on the two properties. Both properties would receive approximately half of the trees and shrubs and be planted along the shoreline bulkhead. 15. The following table contains project elements intended to comply with the Shoreline MactPr Prnaram stnnrlardr, and nnlicies_ as outlined in RMC 4-3-090: ll�? COMPREHENSIVE: PLAN COMPLIANCE. AND CONSISTENCY, SHORELINE ELEMENT. FA. e site is located in the Shoreline High -Intensity Overlay District. The objective of the High Intensity Overlay is to provide opportunities for large-scale office and commercial employment centers as well as multi -family residential use and public services. This district provides opportunities for water -dependent and water -oriented uses while protecting existing ecological functions and. restoring ecological functions in areas that have been previously degraded. Development may also provide for public use and/or community use, especially access to and along the water's edge. The proposal is compliant with the following. Shoreline policies: Objective SH -A. Provide for use of the limited water resource consistent with the goals of the Shoreline Management Act by providing a preference for water -oriented uses. J Objective SH -13. Provide that the policies, regulations, and administration of the Shoreline Master Program ensure that new uses, development, and redevelopment within the City of Renton Department of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUAIS-000489, E'CF, SM DATE OF PERMIT: January 14, 2016 Page 5 of 13 shoreline jurisdiction do not cause a net loss of shoreline ecological functions. Policy 5H-7. Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net loss of ecological functions. Policy 5H-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. B. DEVELOPMENT sTANDARDS. ` The subject site where the pier; will: be located- is classified as: Shoreline High -Intensity, on, the City of Renton Shoreline Overlay Map. The following development standards are applicable to.the proposals 1. No Net Loss of Ecological Functions Required Shoreline use and development shall be carried out in a manner that prevents or mi7tigalall adverse impacts to ensure no net loss of ecological functions and processes in development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The applicant provided a biological evaluation by Marine Surveys & Assessments, dated June 8, 2015, and addendum, dated June 30, 2015, stating that the project and mitigation measures and proposed plantings provide for no net loss of ecological functions and values which is consistent with the City of Renton's Shoreline Master Program. 2. Burden on Applicant Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. City of Renton Deportment of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 6 of 13 3. View Obstruction and Visual Quality View Corridors Required: Where commercial, industrial, multiple use, multi -family and/or multi -lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or N/A trails. Staff Comment. The proposed shared pier and two boat lifts are not a primary structure and the pier would be approximately 2.5 feet above the waterline and a boat sitting on the lift bunkers at the highest point would be approximately S feet above the waterline. Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations. ✓ Staff Comment: The pier and boat lifts are less than 35 feet in height above the waterline as mentioned in the previous section. The pier is proposed to project waterward from rhe shoreline, which is a lower grade than the building pods where the existing homes are built. Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall NSA provide fifteen feet setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. Staff Comment: The proposed shared pier has four lights, with two on either side of the decking. The pier lights are not anticipated to create glare, illuminate nearby residential properties, or create hazards for public traffic. As a part of the SEPA Environmental Review, a mitigation measure was applied to the project requiring the lights to have an amber hue, which is anticipated to further reduce impacts of the lights. Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ N/A materials that limit reflected light. Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. Staff Comment. Conduit containing electric wiring is proposed as part of the pier proposal for the pier lights. The conduit is below the walking surface grate and screened from view. City of Renton Deportment of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LVA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 7 of 13 Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. ✓ Staff Comment: The freestanding boot lifts on either side of the shared pier at their highest point would be below the elevation of the nearby existing shoreline steel and concrete bulkhead without a boot, and below the top of the pier at the highest point without a boot. Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to six feet in width. Stairways shall ✓ conform to the existing topography to the extent feasible. Staff Comment: The existing walkway along the two properties' shared property line is 4 feet in width, is concrete, and therefore does not exceed the four foot width maximum. 4. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. Staff Comment: The project is not anticipated to generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of water and boating related activities on the lake and that occur with a shared pier and moorage. S. Public Access: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. Lake Washington Reach C: The potential for provision of public access from new development will occur after cleanup of the Superfund site with multi -use development, which shall include shoreline access across the entire property, with controlled access to the water's edge, consistent with requirements for vegetation conservation and ecological restoration and provisions for water -dependent use, consistent with standards of this NSA Section. Provision of public access from future redevelopment of the Seahawks and Barbee Mill site shall include a continuous public access trail parallel to the shoreline with controlled public access balanced with provisions for ecological restoration, as well as to shared or commercial docks, consistent with standards of this Section. Staff Comment: The pier and two freestanding boatlifts will not impact or reduce public access established through the Barbee Mill lumber mill clean-up and redevelopment. S. Building and Development Location —Shoreline Orientation Shoreline developments shall locate the water -dependent, water -related, and water -enjoyment portions City of Renton 0epartment of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 8 of 13 of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats, protect archaeological, historic and cultural resources; and preserve aesthetic values Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: The applicant's biological habitat evaluation and related addendums provide on analysis, which concludes that the pier and associated boat lifts are located in ✓ the least sensitive portion of the site. Additionally, comments received from reviewing agencies hove been integrated into the project by the applicant and provided for improved site development to reduce impacts in the shoreline area. Native plantings are to be installed in closer proximity of the Lake Washington shoreline and will include four trees, two trees on both properties. Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under -building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water - dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff Comment: Criteria "d" above is applicable to the project. The installation of the shared pier will have a physical connection with the shoreline. It is not anticipated that the proposal would create structural destablizotion of the existing shoreline steel and concrete bulkhead in the future. Any stabilization work if required in the future, would require a shoreline permit and provide required anlysis to evaluate possible impacts of ecological functions and mitigation requirements. Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water -oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or N/A developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water -oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. City of Renton Department of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUA15-000489, ECF, SM DATE OF PERMIT. January 14, 2016 Page 9 of 13 Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water -related recreation shall be preserved. Staff Comment: The proposed location is in an area of take Washington where navigation is limited, as the site dead -ends into a shoreline sheet pile and concrete cap and bulkhead. As such, the placement of the shared pier and boat lifts at this location would not result in unreasonable impacts to navigation or recreation. Archaeological, Historical, and Cultural Resources: F Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. Staff Comment: The project proposal and notice of application were provided to reviewing agencies including the State Department of Archaeology & Historic Preservation (DAHP) as part of the SEPA review process. No agency comments were provided that require any additional assessments or mitigation measures related to archaeological, historical, and cultural resources. Coordination Encouraged: Owners of property containing identified or probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure ✓ review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Comment: See comment above. Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or City of Renton Department of Com ... anity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUAIS-000483, ECF, SM DATE OF PERMIT: January 14, 2016 Page 10 of 13 conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. Staff Comment: See comment above. 8. Standards for Density, Setbacks, and Height— Activities Exempt from Buffers and Setbacks The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, thatthey comply with all the applicable regulations in RMCTitle IV. Water -Dependent Development: Those portions of approved water -dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. ✓ Staff Comment: The shared pier is a facility primarily for moorage and use by residents and guests of the two residential properties. 9. Use Regulations: a. Boat Lifts: Boat lifts are permitted outright as accessory to a residential dock, provided that all lifts are placed as far waterward as feasible and safe, and platform lifts are fully grated. ✓ Staff Comment: See the above report subsection 6. "Location of Development". b. Recreation Use: Piers and Docks Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. Staff Comment: The proposal is a shared pier and boat lifts. A shared facility lessens the ✓ number of piers and docks in the water that may cause interference with the public use and enjoyment of the water. The pier and boat lifts project design is anticipated to minimize interference with the public use and enjoyment of the water and shoreline, and is not anticipated to create a hazard to navigation. The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. Staff Comment: The project location and design is not anticipated to result in unreasonable interferers with the use of adjacent piers. City of Renton Department of Con, .... unity & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential Pier LUAIS-000483, ECF, 5M DATE OF PERMIT: January 14, 2416 Page 11 of 13 The use of floating docks in lieu of other types of docks is to be encouraged in those areas N/A where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. The expansion of existing piers and docks is preferred over the construction of new. Staff Comment: The project is a shared pier between two shoreline properties and is new. N/A The shared pier provides for two properties' use of one pier rather than the construction of two individuol piers for each property. The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a N/A single family residence on an existing lot. Staff Comment: The project is a pier accessory to single family residences. All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. Staff Comment: The biological evaluation and addendum to the evaluation determines that no net loss of ecological function will result from this project's unavoidable impacts due to its water dependent use and associated proposed shoreline plantings. Over -water construction not required for moorage purposes is regulated as a recreation N/A use. New or expanded piers and docks allowed for water -dependent uses shall be consistent with the following criteria. • Water -dependent uses shall specify the specific need for over -water location and shall be restricted to the minimum size necessary to meet the needs of the proposed water -dependent use. • Water -related, water -enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water -dependent use structures where they are clearly auxiliary to and in support of water -dependent uses, provided the minimum size requirement needed to meet the water -dependent use is not violated. ./ • Public access is required over all docks utilizing public aquatic lands that serve water -dependent uses, water -enjoyment uses and multiple uses, provided it does not preclude the water -dependent use. • The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. Staff Comment: Boat moorage for the single family residences is proposed through the construction of an over -water pier and two boat lifts. The project impacts and coverage areas ore less than the construction of two individual piers, as the project is a shared single pier. The pier length does not extend beyond a length necessary to provide reasonable and safe moorage. City of Renton Department of Community & Economic Development Shoreline Management Permit Selland -Thorpe Joint Use Residential pier LUA15-000489, ECF, 5M DATE OF PERMIT: January 14, 2016 Page 12 of 13 Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non -Significance Mitigated, dated December 18, 2015. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Jennifer Henning, AICP, Planning Director Date Department of Community & Economic Development APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General's office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk's office. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be City of Renton deportment of Community & Economic Development Shoreline Monogement Permit Selland -Thorpe Joint Use Residential Fier LUA1S-000489, ECF, SM DATE OF PERMIT: January 14, 2016 Page 13 of 13 commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. Exhibits/Attachments: Selland Thorpe Pier and Planting Plans, Sheets 1-7, prepared by Ecco Design, dated September, 29, 2015 cc: Office of Attorney General Karen Walter, Muckleshoot Indian Tribe Fisheries Dept. Vanessa Dolbee, Current Planning Manager Mark Selland/Owner James Thorpe/Owner Party(ies) of Record PROJECT 1NFORMAT1UIl OWNER: MARK SELLAND JAMES THORP DRAWINGS BY: ECCO DESIGN INC. 203 N 36TH ST SUITE 201 SEATTLE, WA 98103 206-706-3937 SITE ADDRESS: 4017 & 4023 WILLIAMS AVE N RENTON, WA 98056 PARCEL NUMBER: (4017) 0518500460 & (4023) 0518500450 BODY OF WATER: LAKE WASHINGTON LEGAL DESCRIPTION: (0518500460) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P (0518500450) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P PROJECT DESCRIPTION: CONSTRUCT NEW PIER (400 SQUARE FEET) AND INSTALL TWO NEW BOAT LIFTS. PLANT NATIVE VEGETATION ALONG THE SHORELINE. PURPOSE: Boat Moorage DATUM: C.O.E. Locks Datum Est. 1919 ADJACENT PROPERTY OWNERS: 1. Charles & Elaine Wu 2. Peng Jiang VICINITY MAP :c_ i ,ack ., rf PROJECT SITE: LAT: 47.52864' N LON: -122.20505° W NW 114 S:32 T:24N R:51 aE ., Golf Ltn t> NAME: Mark Selland & James Thorp REFERENCE M SITE LOCATION ADDRESS: 4017 & 4023 Williams Ave. N Renton, WA 98056 PROPOSED: Pier & Boat Lifts IN: Lake Washington AT: Renton COUNTY: King STATE: WA SHEET 1 of 7 DATE: September 29, 2015 PLEASE NOTE THAT THE SHORELIi-4E CONFIGURATION AND PROPERTY LINE LOCATIONS ARE APPROXIMATE ONLY. PROPERTY LINES ARE BASED ON SURVEY REC. NO. 20080208000182. EXISTING ADJACENT PIERS PROPOSED PIER TWO BOAT LIFTS , ADJACENT PIER NOT YET--- - CONSTRUCTED LAKE WASHINGTON OHWM 21.85' SITE PLAN. SCALE 1" = 60'-0" 0 90 FT OHWM 15ro��'79F 21.85 � oar S' \ OHWM 21.85' MAY CREEK THE LAKE HOUSES AT EAGLE CO 4001 WELLS AVE N �1 EXISTING- ADJACENT PIER Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of 7 Date: 9/29/2015 - 10" 0 STEEL__ PILE SET�=_ 10" 0 STEEL PILE SET PROPOSED A A BOAT LIFTS THRUFLOW —_ GRATED �`-� _--_ DECKING _= N DOCK LIGHT, TYP. (4 TOTAL)--_ ELECTRICAL LINE TO BE RUN —_ FROM RESIDENCE AT 4017 WILLIAMS AVE. N. =- 4" 0 STEEL PILES �- FOR FIRST SET -- ELECTRICAL---FEE-d: CONDUIT 0 20 FT PLAN V SCALE 1 " = 10'-0" DOCK LADDER 8" 0 STEEL PILE SET a t 0 0 Nr Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 3 of 7 Date: 9/29/2015 80' PROPOSED P PROPOSED BOAT LIFTS 56' EXISTING STEEL & CONCRETE BULKHEAD TO REMAIN OHW 21.85' -4'------- -- ----- -----—.------ APPROX. LOCATION OFLAKEBED ELEVATION VIEW SCALE 1" = 20'-0" 0 30 FT Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 4 of 7 Date: 9/29/2015 l PIER SECTION A -A SCALE 112" = T-0" UELOW ,TED KING CEDAR 1A 11.5 V. STEEL ,NNEL 3x8x3l8" GALV. STEEL RECTANGLE Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 5 of 7 Date: 9/29/2015 PROPOSEI AND BOAT PROP 4 HAGR IU UUt3WUUU ( I Ktt) \ 8 NOOTKA ROSE (SHRUB) 8 RED -FLOWERING CURRANT (SHRUB) 4 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1" = 20'-0" Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9129/2015 NOTE: EXISTING PLANTINGS N ARE SHOWN IN GRAY Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9129/2015 EXISTING PLANT LEGEND 0 AMELANCHIER ALNIFOLIA / SERVICEBERRY Q CORNUS STOLONIFERA/ RED TWIG DOGWOOD ® MAHONIA AQUIFOLIUM / TALL OREGON GRAPE Q MAHONIA NERVOSA / LOW OREGON GRAPE 9 RIBES SANGUINEUM / RED FLOWERING CURRANT d SYPHORICARPOS ALBUS / SNOWBERRY ® VACCINUM OVATUM / EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS 1 BLUE OAT GRASS ALLIUM CERNUUM / NODDING ONION ' ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK FRAGARIA CHILOENSIS / BEACH STRAWBERRY GAULTHERIA SHALLON / SALAL Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 9/29/2015 EXHIBIT "A" Legal Description Lot 46, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat. EXHIBIT "A" Legal Description Lot 46, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat. A.NI NFI:A Ii Copyright American Land Title Association. All rights reserved, The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. IS— All other uses are prohibited. Reprinted under license trorn the American Land Title Association. ALTA Homeowner's Policy of Title insurence for a one -To -Four Family Residence (02/03/2010) Printed: 05.14,15 Q 07:51 AM Page 8 WA-CT-FNSE-02150.624669-SPS-72420-1-15-12412450-RBG i Denis Law Mayor October 26, 2015 Mark Selland . 4017 Williams Ave N: Renton, WA 98056' City Of ��Y LOW - A Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: "Off Hold" Notice. Selland Joint Use Residential Pier / LUA15-000489, ECF, SM Dear Mr. Selland: The Planning Division of the City of Renton accepted the above master application for review on July 7, 2015. During our review, staff determined that additional information was necessary in order to proceed further as noted in the project on -hold letter sent to you dated July 30; 2015. Specifically, we received comments from thLel Muckleshoot Indian Tribe Fisheries Division and also require an approval for the proposed mitigation planting plan from the Barbee. Mill Community Organization. On. October 12, 2015 you., submitted information as listed below: • Responses. to .the Muckleshoot Indian Tribe Fisheries Division comments related to the proposed mitigation plantings, the existing shoreline buffer plantings, and clarification of the type of substrate near the subject site. • Approval by the Barbee Mill Community Organization Board of Directors of the proposed and revised mitigation plantings. The submitted information is being sent for a two week review period to interested parties and public agencies. Following the two week period, the above information will allow the continued review of the subject application and for the project to proceed with required Environmental (SEPA) Review. At this time, your project has been taken "off hold." Please contact me at (425) 430- 6593 if you have any questions. Sincerely, Kris Sorensen Associate Planner Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov Mr. Mark Selland Page 2 of 2 October 26, 2015 cc: Mark Selland / Owner/Contact/Applicant James Thorpe / Owner Karen Walter, Muckleshoot Tribe/ Party(ies) of Record Enclosures • Exhibit 1: Comments from Muckleshoot Indian Tribes Fisheries Division, dated July 21, 2015 + Exhibit 2: Responses to Muckleshoot comments with Revised Planting Plan, dated October 12, 2015 EXHIBIT 1 Kris Sorensen From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Tuesday, July 21, 2015 4:35 PM To: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: Selland and Thorp Joint Use Dock - LUA15-000484, ECF, SM, Notice of Application Kris, Thank you for sending us the complete checklist for the Selland and Thorp new joint use project proposed on Lake Washington within the Barbee Mill Plat site. We have reviewed the project information sent to us with the Notice of Application and offer the following comments: We previously commented on the Barbee Mill plat project and all of the subsequent joint piers to date. In our comments to the Barbee Mill plat, we noted that it would be likely that the shorefront properties would seek moorage facilities and that the EIS should consider a "worse -case" scenario of each lot having their own piers or floating docks considering cumulative impacts from these docks upon juvenile salmon, their habitats, and their predators. At the time, the City indicated there were no plans for moorage structures as part of the plat; therefore, this issue could not be evaluated as part of the plat EIS process. No consideration of potential cumulative impacts from likely future moorage structures was done during the EIS process. Instead, each individual and/or community dock has been reviewed under SEPA; however, it is not apparent how the City has assessed cumulative impacts from these structures upon juvenile Chinook and other salmon. The BE provided for this project does not consider this issue and does not fully consider site specific impacts from the pier because the BE discuss all of the available research and findings about piers and docks in Lake Washington and their impacts upon salmon. The BE, if considered part of the environmental review process by the City, needs to be substantially revised using all of the available information, as well as current research work being conducted by Dr. Roger Tabor from the U.S. Fish and Wildlife Service. Much of the available research can be found within the Synthesis of Salmon Research and Monitoring report along with many other reports which are available at httr)://.qovlink.org/watersheds/8/reports/default.asr)x. It is time for a cumulative impacts analysis to be conducted for this and the other existing (and proposed) piers associated with the Barbee Mill plat and their impacts sufficiently mitigated. 2. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook. Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on Sheet 6 needs to be revised substantially with native trees and shrubs that will provide overhanging functions. 3. The BE implies that the previous planting plan is providing functions to the shoreline (page 4) ; however, there is no information as to how these plants are actually surviving and what functions they actual provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. 4. More information is needed regarding how the existing substrate conditions provide "favorable habitat for winter rearing of salmon fry" (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and small gravel substrates and avoid larger cobbles (Seattle Public Utilities and US Army Corps, 2048 available at link above). We appreciate the opportunity to review this proposal and look forward to the City's written responses to these comments. Please let me know if you have any questions. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Kris Sorensen [mailto:KSorensen@Rentonwa.gov] Sent: Tuesday, July. 21, 2015 7:42 AM To: Karen Walter; Sabrina Mirante Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Karen — I rescanned the checklist which all pages, sorry about the odd scan. I have resent all the same attachments with the one attachment change for the EnviromentaI Checklist. Thank you for reviewing. Kris Sorensen, Associate Planner, Planning Division, Community & Economic Development, City of Renton, 425-430-6593 From: Karen Walter [mailto:KWalter(&muckleshoot.nsn.usl Sent: Monday, July 20, 2015 5:50 PM To: Sabrina Mirante Cc: Kris Sorensen Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Sabrina, We are reviewing the NOA/ODNS-M for the Selland dock project referenced above. It looks like the checklist is incomplete and only the odd pages were copied. Can we get a copy of the complete checklist electronically? Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave 5E Auburn, WA 98092 253-876-3116 From: Sabrina Mirante (mai Ito: SMira nte(&Rentonwa.gov] Sent: Wednesday, July 08, 2015 4:25 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Kris Sorensen Subject: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, 5M NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) 2 A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: July 7, 2015 LAND USE NUMBER: LUA15-0004$9, ECF, SM PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.210.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS -M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non - Significance -Mitigated (DNS -M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: June 26, 2015 NOTICE OF COMPLETE APPLICATION: July 7, 2015 APPLICANT/PROJECT CONTACT PERSON: Mark Selland / 4017 Williams Ave N/Renton, WA 98056 1858-342- 1393/mselland@dmsoluti ns.com Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development Permit Other Permits which may be required: Building Permit, Construction Permit Requested Studies: Biological Assessment, Stream/Lake Study Location where application may be reviewed: Department of Community & Economic Development (CED) -- Planning Division, Sixth Floor Renton City hail, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP -RHD (Residential High Density) on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist; and Biological Evaluation/Lake and Stream Study/Habitat Report. Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. 0 Follow recommendations identified in the Biological Evaluation/Lake Stream Study/Habitat Report M Construction only during the state Department of Fish and Wildlife approved in -water work periods Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 21, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6598; Eml: ksorensen@lrentonwa.go� Sabrina Mirante, Planning Secretary City of Renton I CED I Planning Division 1055 S Grady Way 16th Floor i Renton, WA 98057 Phone: 425.430.6578 1 Fax: 425.430.7300 smira nte2rentonwa.gov October 2, 2015 EXHIBIT 2 Kris Sorensen, Associate Planner CED Planning Division i ..i J 1055 S Grady Way Renton, WA 98057 CITE( OF RENTON PLANNING DIVISION Re: "On Hold" Notice - Selland Joint Use Residential Pier / LUA15-000489, ECP', SM Dear Mr. Sorensen, The following is a line item response to information you requested in your letter dated July 30, 2015. The comments that we are responding to are listed in bold italics with our responses below in plain text. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook Potentially, the two shorepines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on sheet 6 needs to be revised substantially with native trees and shrubs that will provide overhanging functions. The planting plan has been revised to include four pacific dogwoods and twenty shrubs total. The pacific dogwoods will be located adjacent to the ordinary high water mark where they will overhang the take. The Biological Evaluation (BE) implies that the previous planting plan is providing functions to the shoreline (page 4); however, there is no information as to how these plants are actually surviving and what functions they actually provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. Monitoring reports for the existing shoreline plantings have been included. More information is needed regarding how the existing substrate conditions provide `favorable habitat far winter rearing of salmon fry" (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and .small gravel substrates and avoid larger cobbles Included is a letter from Marine Surveys and Assessments correcting page 5 of the BE. The plantingplan will need to receive approval of the homeowners association to assure that the proposed and approved planting plan will be installed. You may already be working on the request although the above comments from the Muckleshoot may require an update of the plan. A written approval from the association is necessary to review and approve the shoreline substantial development permit. Included is the approval of the planting plan from the homeowners association. I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Mark Selland 1F, SUR (360) 385-4073' marine.surveys.inc@gmail.corn �FSS,rrL'Sa, aAp 267 Hudson Street Port Townsend WA 98368 Response to comment 94 in an email from Karen Walter (July 21, 2015) to Kris Sorensen, Associate Planner concerning the Selland Biological Evaluation dated June S, 2015. From page 5 of the Selland Biological Evaluation dated June 8, 2015: The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject property should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. The above quote from page 5 should be revised to read as seen below: The restored sand and gravel substrate and gently sloping bottom in the remediation area to the north should provide favorable habitat for winter rearing of salmon fry. This new restored substrate to the north should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. However, as noted above, the remediation area did not encompass the subject's property and the existing cobble substrate at the subject's properly is not favorable substrate for chinook fry and larger juveniles. cCEIVED Al- uT 12 X015 t,IV OF PENT014 PLANNING DiVISION Mitigation Planting Monitoring Report for James Thorp 4023 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report : 10/2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met. During the third through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs Scientific Name 1 Common Name Original Number Remaining Number Amelanchier Alnifolia/ Serviceberry 1 0 Cornus Stolonifera / Red Twig Dogwood 3 3 Syphoricarpos Albus / Snowberry 5 5 Vaccinum Ovatum / Evergreen Huckleberry 3 3 One serviceberry will be replanted. ECEIVED nCT 12 2015 CJTY OF RENTON PLANNING DIVISION Mitigation Planting Monitoring Report for Mark Selland 4017 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report: 1012!201.5 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met. During the thud through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like bind. Shrubs Scientific Name I Common Name Original Number Remaining Number Amelanchier Ahiifolia/ Serviceberry 1 1 Cornus; Stolonifera / Red Twig Dogwood 5 5 Mahonia A uifolium I Tall Oregon Grape 3 3 Mahonia Nervosa / Low Oregon Grape 5 0 Ribes San ineum / Red -Flowering Currant 2 0 Five Low Oregon Grape and two Red -Flowering Currant will be replanted. RECEIVED OCT 12 2015 CITY OF RENTON PLANNING DIVISION C a 11 �- (3) TALL OREGON GRAPE _ -- fr : 7� RED-FLOWERING CURRANT { s (5) RED -TWIG �y DOGWOOD 10. 4, LOW OREGON 7 ! r • w �jFlW6 t"111.t� I—oT�kfD �tAFFGi�— �'cRE�c u - 7C Alum - 7C WOOD 3ERRY 3ERVICEeERRY (3) EVERGREEN HUCKLEBERRY z : H� v `.�'A �yy�MAN 5 'r PROPOSE/ AND BOAT 0 4 PAUIFIU uUUVVUUu (I KIWI) 1-1 8 NOOTKA ROSE (SHRUB) Q 8 RED -FLOWERING CURRANT (SHRUB) Q 4 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1 " = 20'-0" Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9/2912015 NOTE- EXISTING PLANTINGS tN ARE SHOWN IN GRAY Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9/2912015 EXISTING PLANT LEGEND 0 AMELANCHIER ALNIFOLIA I SERVICEBERRY Q CORNUS STOLON IFERAI RED TWIG DOGWOOD MAHONIA AQUIFOLIUM I TALL OREGON GRAPE Q MAHONIA NERVOSA! LOW OREGON GRAPE 9 RISES SANGUINEUM I RED FLOWERING CURRANT SYPHORICARPOS ALBUS I SNOWBERRY VACCINUM OVATUM I EVERGREEN HUCKLEBERRY 4 HELICTOTRICHON SEMPERVIRENS I BLUE OAT GRASS ALLIUM CERNUUM I NODDING ONION ARCTOSTAPHYLOS UVA-URSI I KINNIKINNIK FRAGARIA CHILOENSIS / BEACH STRAWBERRY GAULTHERIA SHALLON I SALAL Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 9/29/2015 f OCT 12 2M Barbee Mill Community Organization �l'`i`NItiil�s� c/o Morris Management Inc. 1000 Station Drive, Suite 130 DuPont, WA 98327 58000046 046 October 01, 2015 NOTICE OF DECISION Mark Selland 4017 Williams Avenue N Renton WA 98056 RE: 4017 Williams Avenue N. Renton WA 98056 Dear Homeowner: Your Request for Architectural Change has been approved. Specifically, you have approval to proceed with the following: This request for the Selland/Thorp dock, boat houses and landscaping has been approved by the Barbee Mill ACC and the Board with the following stipulations; The dock: I Section 5.8.a to obtain all approvals on permits, with the City of Renton, and all other jurisdictions for waterfront building. 2 Section 5.8.b for compliance of a joint easement, to establish agreed upon rules for joint personal use, maintenance, and other uses are followed. 3 Section 5.8.c for size, shape, boat lift and other features to match as closely to the existing docks as possible. The landscaping: 1. The Shoreline exemption request must be approved and provided by the City of Renton 2. Any required permits are obtained from the City of Renton 3. The enclosed landscaping pian and planting diagrams are followed (using only those plantings from the recorded native growth area planting list) with the following exception; a. The plan for the 4 shore pines to be planted within close proximity to the adjacent property lines is not approved because of they are not appropriate for small lot, waterfront planting due to size of the trees when they mature. They need to be replaced with 4'Pacific Dogwoods' [which provide -20 ft canopy] or trees of similar size from the recorded native growth area planting list). 4. Any changes to the rockery or stairway must meet safety, zoning and code standards of the City of Renton 5. HOA maintenance personnel (any/or all) continue to have access to the native growth areas per their contracts as necessary. We reserve the right to make a final inspection of your project to confirm it reflects the Request you submitted for Approval. Please follow the specifications you submitted or submit an additional Request form if you cannot follow the original plan. It is your responsibility to follow all building codes and setback requirements that apply to your project, including obtaining any required permits and related inspections. This approval is based on the aesthetics of your proposed project and should not be taken as any certification as to the construction worthiness or structural integrity of the change you propose. Be aware that you are responsible for contacting the appropriate Utility Companies before digging. We appreciate your cooperation in submitting this Request for Approval. Good luck with your project! Sincerely, Board of Directon Barbee Mill Community Organization sely@morrismanagement.com 9/2%2015 Print Subject: FW: Selland/Thorp Pier ACC Approval Request From: Shirley Ely (SEly@morismanagement.com) To: evan@eccodesignine.cam; mselland@dm solutions. cam; thorpproperties@comcast.net; Date: Tuesday, September 29, 2015 %46 AM Hello there Mr. Wehr, Mr. Selland and Mr. Thorp, I've been instructed by the Architectural Control Committee to relay their decision to you as follows: "Architectural Control Committee Final Recommendation: The doc • Both homeowners submitted their requests together; and there is an issue with the adjacent homeowner who is unwilling to sign because he wants the ACC and board to make the decision is a concern; however this particular homeowner has had several occasions to dispute this request and has not (to date). Therefore, the ACC recommends approval based on both homeowners complying with the following; 1 Section 5.8.a to obtain all approvals on permits, with the City of Renton, and all other jurisdictions for waterfront building. 2 Section 5.8.b for compliance of a joint easement, to establish agreed upon rules for joint personal use, maintenance, and other uses are followed. 3 Section. 5.8.c for size, shape; boat lift and other features to match as closely to the existing docks as possible. The Landscaping:, This request indicates that the homeowners will, at their own expense (ex. 1), utilize the recorded and approved native plants listed for the shoreline native growth area of their property. A. professional landscaping plan is attached. This request has been reviewed by the Landscape Committee chair to ensure the current irrigation system would and should be maintained and operational before and after the landscaping takes place. The ACC and Landscape Committee recommend approval of this request subject to following. 1. The Shoreline exemption request must be approved and provided by the City of Renton 2. Any required permits are obtained from the City of Renton 3. The enclosed landscaping plan and planting diagrams are followed (using only those plantings from the recorded native growth area planting list) with the following exception; a. The plan for the 4 shore pines to be planted within close proximity to the adjacent property lines is not approved because of they are not appropriate for small lot, waterfront planting due to size of the trees when they mature. They need to be replaced with 4'Pacific Dogwoods' [which provide —20 ft canopy] or trees of similar size from the recorded native growth area planting list). 4. Any changes to the rockery or stairway must meet safety, zoning and code standards of the City of Renton 5. HOA maintenance personnel (any/or all) continue to have access to the nativerowth areas Br their contracts as necessary." RECEIVE OCT 12 2015 CITY OF RENTON V29/2015 Pri nt Within 10 days or so our office will mail an ACC Approval Letter to you, however you are welcome to get started with your project anytime you would like. Please let me know if there is anything else I can do for you and I hope you have a wonderful day! 5kirle9 E-ly, ARM, CPM, LMCA, AM5, PCAM Association Manager. Morris Management, Inc., AATNIC 425-283-5858, ext. 119 www.morrismana ement.co From: Evan Wehr fmailto: evan(iDeccodesigninc.coml Sent: Tuesday, September 01, 2015 3:14 PM To: Shirley Ely Cc: bscline4(n)msn.com; Marc Selland; Thorp Properties Subject: SellandMorp Pier ACC Approval Request Shirley, Attached is the updated ACC approval request for the Selland/Thorp pier. Please forward this to the architectural control committee. Thank you, evan wehr Architecture & Design 203 N 36th Ste. 201 Seattle, WA 98103 206.7(16, 3937 mg��= PROPERTY OWNER(S) NAME, ADDRESS /-Ip: Lr i .. .. .. .......... .. .. TELEPHONE NUMBER; I APPLICANT (if other than owner) I NAME: COMPANY (if appfic,.ible)i ADDRESS: .. .. .. .. .. .. .. .. .. .. CITY: Zlp; ........... -- — --- TELEPHONE NUMBEH: PROJECT INFORMATION PROJECT OR DEVEI.OPMENT NAME: PROJECT/jV)DRESS(S)/LQCATIQN AND ZIP CODE,, KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): L --xis I-ING LAND USE(S: ............. PROPOSED LAND USF(S): IC& .. .. .. .. .. .. .. EXISTING COMPRFHENSWE PLAN MAP DESIGNATION: PROPOSED COMPREHENSIVF-, PI,AN [VIAP DESIGNATION {if ................... EXISTING ZONING: ........... PROPOSED ZONING (if applicable): Sl FE AREA 1,0 sqtmro fecetj: SOUARP FOOTAGE OF PUBUG ROADWAYS FO BE I 10IMPANY iif appflcnble): t�FDICAT C1: ...............I ............. SQUARE FOOTAGE 01'PRIVA'[F-ACCESS EASEMENI ADDRFS& i NJ PROPOSED RES;DENTIALDENSITY N UNI 13 PCJ� NEI' —ly. ACRE (if applicadic) NUMBER OF FROP03ED LOTS ;if om-ilicablo) ELEPHONF NWVlRFR AND ENIAlt AOI)Ri�',S: . ........... NUMBER OF NEW FjVVFI I ING UNfFS ffapplir,1111(1): 14111lik"I 1`31'W 1AA SFRVTOR%IS N ANI'NiMi PROJECT INFORMATION (cnnfinued) NUMBER OF EXISTING DWEI-t.iNG UNIT -S (�Fapplicahk,): PROJECT VALUE:, SQUARE FOOTAGE OF PROPOSED RESIDENTIAL_ i tS THE. SITE LOCATED IN ANY TYPE OF BUILDtNGS (if applicable): ENVIRONMENTALLY CRITICAL. AREA, PLEASE iNCLUDt I SQUARE FOOTAGE (if applicabk,-), SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE Foo"rAGE OF PROPOSED NON-RESIDENTIAL. BUILDINGS (if applicable): SQUARE FOOTAGE QF EXISTING NON-RESIDENTIAL BUILDINGS TO RENWN (if ippkable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THF NEW PROJECT (if applicable): ................. IJ AQUiFIER PROTECTION ARFA ONE U AQUIHER PROTECTION AREA IVVQ U FLOOD HAZARD AREA * GI OLOGAG HAZARD ?7 HABITAT CCNSERVATION I: i SHORELINE S 1 REAMS & LAKES U WETLANDS sq, ft, sq, P. _.... sit. ft. sq. It. sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included) SITUATE IN THE QUARTER OF SECTION .y _� T0VVNSI IIP �t� RANG r` -, 11~I THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Nameis) .__....._,._,. �-- declare under penally of perjury un;lr3r the laws of khe of stn 4 Washington th=tt I �trn (please check one _ the curfont owner of the property involved in this apokation or __ the authorized representative to act for a corporation (please: >7ttach proof of authorization) and that the foregoing statements and ansa*refs herein containixl ,3nci the information herewith are in till respnc.ts true and correct to the best of my knowledge and beli(4. O_ Sicinaturer vnhr! epresentative Bate Si fnature of t;)v^finer, KeprE Sent rove Date STATE OF WASHINGTON } ) sS G0Uf'NTY OF ICItNG ) I certify that I know or ttav' satisfactory evidence that mf witI G! 1 signed this instrument and acknowiedgo, it to be Nsiherftheir froe MKI volUninry ictforthe uses and purpose mentioned in tho nstrurnent. 4'', �IotXy Prrc or t 1t* StTat Of VVN'S}Iinytcan �� ,\�r1ON Aj r•� �i Nolm-y (Pri)t} 40 � x` ♦'�' �j firms• � ,mow ,,, ..... ....._ :+ i i s iviy =tt�ftc>irttr3ityrtl exr;irfry5: C; /Z J„/r';Pj _ _.... r• � i '+• 1 .� Hip p- r ctti snva,W< v 10F,Ij Tei ar"p -tM RV FORMS €'I e1�'tilti(' ifta+tc ;r;,tt.cl;:i City of Renton PROPERTY OWNER(S) NAME: James Thorp _--_..............--.-.-.-.. --. j ADDRESS: 4023 Williams Ave. N CITY: Renton, WA ZIP: 98066 TELEPHONE NUMBER: 205-459-0674 APPLICANT (if other than owner) NAME: Mark Selland COMPANY Of applicable): € ADDRESS: 4017 Williams Ave N CITY: Renton ZIP: 98056 TELEPHONE NUMBER: 858-342-1393 CONTACT PERSON NAME: Mark Selland COMPANY (if applicable): ecco design inc. ADDRESS: 4017 Williams Ave N CITY: Renton, WA ZIP: 98056 TELEPHONE T PHONE NUMBER AND EMAIL ADDRESS: 858-342-1393 rnsel la nd@dmsolu tions.com 's s PROJECT INFORMATION PROJECTOR DEVELOPMENT NAME: i Selland Pier PROJECTIADDRESS(S)fLOCATION AND ZIP CODE: 4017 & 4023 Williams Ave. N { Renton, WA 98056 {i f i KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0518500450 0518500460 EXISTING LAND USE(S): Residential — PROPOSED LAND-USE(S): ------ No Change EXISTING COMPREHENSIVE PLAN MAP DESIGNATION' ! COR I PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: R-10 PROPOSED ZONING (if applicable): SITE AREA (in square feet): 11.205 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: I PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NUMBER OF PROPOSED LOTS (if applicable) NUMBER OF NEW DWELLING UNITS (if applicable): t f' II:sers'; I horp ind(mst lcnljlofarti Interne[ F iles-,U(mwnl.O.lItwkI.M;[)]t(;I IM' l'hnrp land me'ImstcT Ipp-dvc - 1 - PROJECT INFORMA NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 each lot 3 SQUARE FOOTAGE. OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): , SQUARE FOOTAGE CF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE O EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): 1vUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): TION (continued) PROJECT VALUE: — $100,000 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): LJ AQUIFIER PROTECTION AREA ONE L7 AQUIFIER PROTECTION AREA TWO � U FLOOD HAZARD AREA sq. ft. 0 GEOLOGIC HAZARD sq. ft. L7 HABITAT CONSERVATION sq. ft. 0 SHORELINE STREAMS & LAKES sq, tt. LJ WETLANDS _ sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach le al description on separate sheet with the following information included SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5 E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) _-) Gt VILzL7S "? ` declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained a�ud- information herewith are in all respects true and correct to the best of my knowledge and belief, Z ;41 _ r Signatfire of OwnerlRepresentative Date Signature of OwnerlRepresentative 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/her/their free and voluntary act for the jm;-q anri mirnnca mP.nfinnP.d in the Instrument. Dated Notary Pubiic State of Washington DEViN NICOLE COOK Ay rlppo;ntruertt Expires May 24, 2{x17 n � j Notary Public in and for the State of Washington Notary (Print): My appointment expires: .IU -�" t - (. ,tIsurstThorp Ili indo%wll'emporary Intcmei I I IU3° rhos ) land use nnasterappAtic-2- LEGAL DESCRIPTION OF PROPERTY Attach le al description on separate sheet with the following information included SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5 E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) _-) Gt VILzL7S "? ` declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained a�ud- information herewith are in all respects true and correct to the best of my knowledge and belief, Z ;41 _ r Signatfire of OwnerlRepresentative Date Signature of OwnerlRepresentative 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/her/their free and voluntary act for the jm;-q anri mirnnca mP.nfinnP.d in the Instrument. Dated Notary Pubiic State of Washington DEViN NICOLE COOK Ay rlppo;ntruertt Expires May 24, 2{x17 n � j Notary Public in and for the State of Washington Notary (Print): My appointment expires: .IU -�" t - (. ,tIsurstThorp Ili indo%wll'emporary Intcmei I I IU3° rhos ) land use nnasterappAtic-2- 14 Proiect Narrative Selland/Thorp Pier The proposed project is to install a new joint use pier with two boat lifts for the properties located at 4017 and 4023 Williams Avenue North in Renton Washington. A shoreline substantial development permit and environmental review are required from the City of Renton. The project site and adjacent properties are zoned as Residential 10du/ac (R-10). The project site is on the shoreline of Lake Washington and is approximately 140' from May Creek. The shoreline is armored with a concrete and steel bulkhead. Mark Selland is the owner of the property at 4017 Williams Avenue North. James Thorp is the owner of the property at 4023 Williams Avenue North. Both properties are single family residential lots that have existing single family houses. The proposed pier will be 400 square feet in area and will be fully grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel piles, and two 10" diameter steel piles will be driven by a barge -mounted vibratory pile driving system to support the pier. The landward section of the pier will be supported by the existing concrete bulkhead. Two free standing boat lifts will be installed at the pier. A dock ladder will be installed at the end of the pier. The estimated fair market value of the project is $100,000. Per Renton Municipal Code section 4-6-030 E. 1. a. a drainage control plan is not necessary because the area of the pier is 400 square feet which is less than the 2,000 square foot threshold. There is an existing concrete stair walkway that ends where the pier will connect to land. Nine native shrubs and two Shore Pine trees will be planted along the shoreline. (360) 385-4073 rr�arine.surueys.inc ��rT�ail.cort� N:5';S' F S v 1. 521. Sriagstead Way Port Townsend WA 98368 ADDENDUM to Biological Evaluation/Lake and Stream Study Report Dated June 8th, 2415 June 301h, 2015 For: Selland Pier, Ramp, and Float Project 4017 Williams Ave. N. Renton, WA 98056 No -Net -Loss Statement In order to protect the ecosystem in the area of the proposed pier, ramp, and Boat, a number of conservation measures are proposed (Section E in original report). For this project the conservation measures are as follows 1. The first 40' of the fully grated pier will only be 4 -feet wide. 2. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minitnize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. Piles will be driven using a vibratory pile driver to practical refusal. 5. Construction will take place during authorized in water work windows designed to protect listed species and/or critical habitat (July 16 — Dec. 31). 6. Two trees and nine shrubs will be planted in addition to the existing native plants seen in Figures 6 and 7 of the original report. As stated in the original report the determination of effects for ESA species in the area are provided below: 1. Puget Sound Chinook —"May affect, not likely to adversely affect" 2. Bull Trout — "May affect, not likely to adversely affect" 3. Puget Sound Steelhead — "May affect, not likely to adversely affect" 4. Marbled Murrelet — "No effecf' All measures have been taken to avoid and minimize potential impacts resulting from the proposed project. In consideration of the unlikely impact to ESA species as well as the proposed conservation measures suggested above to protect and enhance the habitat, we determine that no -net -loss of ecological function will result from this project's unavoidable impacts due to its' water dependent use. Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us if you have any questions or comments. Sincerely, Nam Siu Marine Etiologist and Project Manager Marine Surveys & Assessments (360) 385-4073 marine.surveys.inc@gmail.com 1 —1 FUS111 1-i LL SSN� 267 Hudson Street: Port Townsend WA 95368 Response to comment #4 in an email from Karen Walter (July 21, 2015) to Kris Sorensen, Associate Planner concerning the Selland Biological Evaluation dated June S, 2015. From page 5 of the Selland Biological Evaluation dated June 8, 2015: The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject property should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. The above quote from page 5 should be revised to read as seen below: The restored sand and gravel substrate and gently sloping bottom in the remediation area to the north should provide favorable habitat for winter rearing of salmon fry. This new restored substrate to the north should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. However, as noted above, the remediation area did not encompass the subject's property and the existing cobble substrate at the subject's properly is not favorable substrate for chinook fry and larger juveniles. LLEIVED ffV u,T 12 Lois CITY OF RENTON PLANNING DIVISION Selland Fier Project Biological Evaluation/Lake and Stream Study Report June 8, 2014 For: Mark Selland 4017 Vlliarns Ave. N. Renton, WA 98056 Sulo MARINE SURVEYS & ASSESSMENTS 521 Snagstead Way Port Townsend WA 98368 (360)385-4073 inarine.surveys.inc@omail.com List of Figures and Attachments Figure Number Page 1. Vicinity map.......................................................................................14 2. Site plan..............................................................................................15 3. Plan view.............................................................................................16 4. Elevation view .................................................................................... 17 5. A -A pier section.................................................................................18 6. Existing and proposed native vegetation buffer ..........................19 7, Existing plant legend.........................................................................20 Attachment Number Page 1. Photograph of the site......................................................................21 2. Species list for King County........................................................ 22-23 3. Essential Fish Habitat Assessment .............................................. 24-25 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook...........................................................26-27 5. Assessment of Impacts to Critical Habitat for Coastal - Puget Sound Bull Trout .......................................... 28-29 MS&A Selland Pier Project- 2 Selland Pier Project Biological Evaluation/lake and Stream Study Report I. PROJECT DESCRIPTION A. Project Location: 5/4 Section NW32, Township 24N, Range 05E. 4017 and 4023 Williams Avenue N. Renton, WA 98056 Latitude: 47.52864° N Longitude: 122.20505°W See Figure 1 for project location. B. Site Description: The proposed project is a pier to be located along the common property line between two abutting lots, 4017 and 4023 Williams Ave N, Renton, WA 98056. The properties are located within the Barbee Mill Community, a major waterfront subdivision. The subject property is located along the eastern shore of Lake Washington in the City of Renton (Figures 1-2). The proposed pier would provide moorage and facilitate access to Lake Washington for residents of the property and their guests. Two bodies of water are adjacent to, or flow through, the Barbee Mill Community: Lake Washington and May Creek. The subject property is located along Lake Washington, a Shoreline of Statewide Significance as provided in RMC 4-3-090F1, and a Shoreline of the State under RMC 4-11-190. This Lake Study is prepared in accordance with the requirements of RMC 4-8-120D with respect to the Lake Washington shoreline of the subject property. May Creek, a Shoreline of the State (RMC 4-3-090172), flows through the Barbee Mill Community. The May Creek open space (a riparian buffer) and a street are located between the two lots and May Creek. The Barbee Mill Community is located on the approximately 22 acre site of the former Barbee Mill Company lumber mill. The Barbee Mill Community has 114 multi -story paired homes, a pond, walking trails and lakefront open space for the use of residents. Lots 23 through 48 are lakefront lots. To restore the former industrial site to a parcel suitable for a residential waterfront subdivision, the mill buildings were demolished; fill soils were removed from behind the bulkhead; asphalt paving, a pier, the wooden bulkhead and piling associated with the mill operation were removed; and extensive shoreline restoration was completed. The subject property is located south of, and was not included in, this extensive remediation. A steel and concrete bulkhead is located along the two parcels. The substrate immediately waterward of the property consists of large and small cobble. A number of factors were considered in determining the location of the proposed pier. In establishing design parameters for the proposed pier, it was required that it not interfere with the general public's use and enjoyment of Lake Washington, that it not pose a navigation hazard to boaters, and that it not interfere with the use of existing or future neighboring docks or piers. C. Lake and Stream Classifications: As mentioned above, as a Shoreline of Statewide Significance (RMC 4-3-090F1), Lake Washington is included in the definition of a Shoreline of the State (RMC 4-11-190). Lake Washington is a Class 1 lake as it is a perennial salmonid -bearing body of water classified as a Shoreline of the State (RMC 4-11-19051). May Creek is an important salmonid stream that is classified by the City of Renton and the State of Washington as Class 1 waters and included within the definition of Shoreline of the State (RMC 4-3-090F2). MS&A Selland Pier Project• 3 D. Shoreline Restoration: Prior to restoration of the beach in conjunction with vacation of the land, the Lake Washington shoreline north of the subject property was heavily bulkheaded, back -tilled and covered with impervious asphalt paving; numerous piling and substantial quantities of concrete rubble and other shoreline debris were on the site. Pursuant to the general development site remediation, upland and in -water structures including the timber bulkhead and piling were removed, shoreline rubble was removed, fill soil was excavated to subgrade elevations, toe rock and a temporary quarry spall erosion control berm were installed, and sand, gravel and rock materials were used to construct a beach to mimic natural conditions. Although the area of extensive remediation did not encompass the subject property, a planting buffer of native vegetation (Figure 6) was installed along all the lakefront lots, including the subject property, to environmentally and functionally enhance the entire development shoreline. The Ordinary High Water (OHW) mark for Lake Washington is the line of mean high water (RMC 4-11-150 Definitions 0). The Lake Washington water depth is controlled by the Army Corps of Engineers at the Hiram M. Chittenden Locks and is at 21.8' of lake elevation. In the course of the Barbee Mill Beach Restoration site remediation, permanent toe rock was installed along the OHW line. As of March 20, 2007, the date a SCUBA survey was conducted for purposes of identifying flora, fauna, substrate types and other qualitative information relative to the Biological Evaluation prepared for the previous community dock project, coir rolls were located along the OHW line within the remediation area. The May Creek OHW mark is the mean high water line of the stream (RMC 4-11-150 Definition O). E. Vegetative Cover of the Site: The study area includes no wetland or flood hazard areas; it does include Lake Washington riparian areas. Prior to the Barbee Mill Beach Restoration project, riparian vegetation was found to be generally absent within the study area as the shoreline behind the bulkhead was paved. In unpaved areas, vegetation noted included Juncus effuses (soft rush) and Iris pseudocaris (a non-native iris). The upland redevelopment required extensive regrading and clearing; a mitigation planting plan was agreed upon that includes planting along the Lake Washington shoreline. In accordance with this mitigation plan, plantings on the subject property have been installed (Figures 6 and 7). In conjunction with construction of the proposed pier, 11 additional native shrubs and trees will be planted. The planting plan details are shown on the full size drawing (Figure 6). F. Ecological Functions of Lake Washington along the Study Area: Previously to the Barbee Mill Community development, the industrial structures and use of the site limited the ecological functions that would otherwise have been provided by Lake Washington and its adjacent riparian area. As a result of the extensive general site restoration work completed north of the subject property, the ecological functions of the portion of the lake within the study area should be greatly enhanced. Previously planted riparian vegetation and additional plantings in conjunction with the proposed pier project will further assist in restoring the ecological functions of Lake Washington. Some of this new vegetation will be overhanging, providing shade and predator protection for fish and aquatic invertebrates. The newly planted riparian vegetation will add significant organic matter to the lake substrate in the form of leaves and woody debris that fall and wash into the lake. This will provide additional source of food, shelter and shade for aquatic invertebrates and fish. This increased vegetation will also provide food and shelter for terrestrial insects, and in turn provide an additional food source for birds and animals that feed upon them. The addition of riparian vegetation to this formerly near -barren site should also help water quality by filtering pollutants, removing nutrients and reducing sediments in any runoff' from the adjacent upland development. The increased overhanging vegetation should facilitate the migration of juvenile salmon. G. Fish and Wildlife Use or the Area: Birds: Birds observed on or near the site include hawks, herons, eagles, quail, osprey, cormorants and songbirds. Before the mill structures were demolished, an osprey nest was successfully relocated from the top of the old mill sawdust collector to a platform built on a 25' pole over the water not far from the original nest site. The osprey have MS&A Selland Pier Project- 4 accepted the new nest and a video camera records their activities for viewing over the Internet. Protected wildlife in Washington State shall not be hunted or fished (WAC 232-12-011). Protected wildlife noted from time to time within the general Barbee Mill Community development area includes the marbled murrelet and the bald eagle. The marbled murrclet is classified as a "threatened species," a species likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. The bald eagle is no longer on the list of threatened or endangered species under the Endangered Species Act (ESA) but continues to be protected by the Bald and Golden Eagles Protection Act and the Migratory Bird Treaty Act and is protected as a "sensitive species" in Washington. Sensitive species are vulnerable or declining and likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Mammals: The only wild mammals reported as observed in the area are deer. Fish: Salmonids observed at the site include salmon and trout. Salmonids known to be present in southern Lake Washington include Puget Sound Chinook salmon, eoho salmon, sockeye salmon, steelhead trout, bull trout and cutthroat trout. Puget Sound chinook, Puget Sound steelhead and bull trout are all listed as threatened under the ESA. Other fish observed at the site include bass, black crappie, bluegill, pumpkinseed sunfish, tench and yellow perch. The shoreline remediation was designed to be consistent with Water Resource Inventory Area (WRIA) 8 Conservation Plan recommendations. As a result of the remediation, shoreline that was previously unsuitable habitat for fish and other aquatic life due to extensive shoreline modifications and industrial use of the site has been restored. The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject property should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. H. Project Details: The proposed pier will be supported by four 10" diameter, two 8" diameter and two 4" diameter galvanized steel piles. It will have a 4' by 40' walkway from shore followed by a 6' by 40' walkway for a total length of 80' from the OHWM. Two free standing boat lifts will be installed on either side of the pier. The entire pier will be 100% grated (Figures 2-5). I. Construction Sequence: 1. Mobilize construction barge to the site with all construction materials and equipment on board. Moor the barge as to prevent grounding on the lake bottom at any time during construction. 2. install silt containment curtain around work area to contain any debris that may fall into lake waters. In the event any materials enter lake waters they will be retrieved immediately and placed in debris containers on the barge. 3. Using the barge -based crane and vibratory insertion/extraction system, install (4) at 10" diameter, (2) at 8" diameter and (2) at 4" diameter galvanized steel piles to practical refusal. 4. Cut steel piling as necessary at the appropriate elevation. 5. Weld pre -fabricated steel frame sections onto the piling. Install grated decking and wood fascia on the pier using hand tools. 6. Set boat lifts in place using crane on the barge. 7. Demobilize and dispose of all debris at approved upland disposal site. General Notes: 1. All treatments will be applied and fully cured prior to delivery to the site. MS&A Selland Pier Project• 5 J. Action Area: The action area should include the area within a one -mile radius of the project location. This area includes potential turbidity and noise impacts from the construction process. 11. SPECIES AND HABITAT INFORMATION A. Species Information: In the project area, the Puget Sound chinook (Oncorhynchus tshawytscha) is listed under the Endangered Species Act as a threatened species according to the National Marine Fisheries Service (NMFS) (Federal Register, Vol. 64, No. 56). On May 11, 2007, NMFS also listed the Puget Sound steelhead (Oncorhynchus mykiss) as a threatened species under the ESA (Federal Register/ Vol. 72, No. 91 I Friday, May 11, 2007 I Rules and Regulations). Bull trout (Salvelinus confluentus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in October of 1999. On September 2, 2005, NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant Units (ESUS) of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal Summer -run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register / Vol 70, No, 170 / Friday, September 2, 2005 Rules and Regulations). USFWS has designated critical habitat in Lake Washington for Coastal -Puget Sound bull trout (Federal Register/ Vol. 70, No. 185 / September 26, 20051 Rules and Regulations). Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific salmon by their large size. Most chinook in the Puget Sound are `ocean -type" and migrate to the marine environment during their first year (Myers et al. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 mm., or they may enter the estuaries as fingerling smolts during May and June of their first year at a length of 60-80 mm. (Healey 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic crustaceans (gammarid amphipods, mysids, and cumaceans). As they grow and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad et al. 1982). These ocean -type chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. In the Lake Washington system, adult chinook salmon usually arrive at the Chittenden Locks in July, although there are some arrivals before and after July (Synthesis of Salmon Research and Monitoring. 2008). According to Fresh et al. (2000), the total time for salmon migration from the Locks to arrival at their tributary spawning grounds "can take up to 55 days, but averages less than 30." During much of this time, salmon hold in the upstream area from the Locks before moving through the Ship Canal and Lake Union. Fresh et al. (2000) found the average holding time to be from 17 to 19 days. After reach their spawning streams between September and November, spawning occurs from October to December. According to Tabor et al. (2006), "Fry emerge from their redds from January to March. Juvenile Chinook salmon appear to have two rearing strategies: rear in the river and then emigrate in May or June as pre-smolts, or emigrate as fry in January, February, or March and rear in the south end of Lake Washington or Lake Sammamish for three to five months." In the project area vicinity, juvenile chinook salmon from the Cedar River enter Lake Washington and rear in the south end of the lake primarily from January to May. Tabor et al. (2006) also reported that: Similar to results of 2002, juvenile Chinook salmon were concentrated in the south end of Lake Washington from February to May_.... Therefore, it appears that the lake shore area near the natal stream is an important nursery area for juvenile Chinook salmon. In Lake Washington, the major part of this nursery area appears to be roughly from Pritchard Beach on the west shoreline and the mouth of May Creek on the MS&A Selland Pier Project* 6 east shore and the south part of Mercer island. The distance from the mouth of the Cedar River to the edge of the nursery area is around 6 km. north of this area; the number of Chinook salmon would be expected to be relatively low until mid-May or June. In the same study cited above, it was found that marked chinook did not move far from their release site at Gene Coulon Park (approximately l .5 miles south of the current project site). Marked juveniles were observed I, 7, 15, and 21 days after release at Gene Coulon Park. All of the marked salmon that the investigators observed had moved less than 150 m from their release site at the park. After moving slowly away from the Green River and south Lake Washington, juveniles reach the Chittenden Locks during the period between May and August, with peak migration through the Locks taking place in June. According to Kerwin (2001) chinook, coho, sockeye and winter steelhead use May Creek for spawning, rearing and migration. However, volunteers from the Volunteer Salmon Watchers Program have been observing salmon in May Creek since 2000. They have reported that only sockeye are seen consistently, while chinook, coho, cutthroat trout and kokanee salmon are less commonly seen. Hammer (2011) reported that the number of chinook varies from 0 to 12 fish annually in May Creek. WDFW reported three live chinook and one redd in 2010 spawner surveys. Bull Trout: Coastal -Puget Sound bull trout have ranged geographically from northern California (at present they are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea (for anadromous populations) takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees C are thought to limit bull trout distribution (Rieman and McIntyre 1993). They live both in fresh and marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater (anadromous) before returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the Coastal -Puget Sound population. The Coastal -Puget Sound bull trout population is thought to contain the only anadromous forms of bull trout in the contiguous United States (Federal Register, Vol. 64, No. 210, 1999). Two subpopulations of buil trout (also known as "native char") are considered within the Lake Washington area: the Chester Morse Reservoir population and the Issaquah Creek-Sammamish River population (Federal Register, Vol. 64, No. 210, 1999). "Only two `native char' have been observed during the past 10 years in the Issaquah Creek drainage and none have been observed in the Sammamish River system. It is questionable whether a viable subpopulation remains." (Federal Register, Vol. 64, No. 210, 1999). Puget Sound Steelhead: Wild winter steelhead enter the Lake Washington system in mid-December with peak spawning taking place in May. There have been high rates of predation by California sea lions at the Ballard Locks, which is one of the leading factors in the declining steelhead production in the Lake Washington system (1992 Washington State Salmon and Steelhead Stock Inventory. Appendix One - Puget Sound Stocks. Washington Department of Fish and Wildlife, Olympia, WA.). According to Kerwin (2001): The Lake Washington system supports one native winter steelhead stock but not a summer steelhead stock (SASSI 1994). The winter steelhead stock was listed in SASSI as "Depressed" but has recently shown some evidence of rebounding. A limited hatchery program utilizing the native winter steelhead stock was initiated in 1997 as a supplementation type program to assist in recovery of winter steelhead populations in the north Lake Washington tributaries. The sharp decline in Lake Washington winter steelhead was noted as a reason for concern by NMFS in their stock status review (Busby 1996). However, in a more recent analysis, between 1986 and 2004 escapement for the Lake Washington winter -run steelhead ranged from 1,816 (1986) to 44 (2004) (WDFW 2004). Based on the chronically low escapement and short-term severe decline in escapements, the stock status has decreased from its 1992 "depressed" status to "critical" in 2002. MS&A Selland Pier Project* 7 WDFW has reported steelhead in the lower 3 miles of May Creek (Salmon Scape, 2010). Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family. They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WDW, 1993). Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt and other small schooling fish, and feed on invertebrates. The project site is located in an urban environment adjacent to a major highway. There is a high level of ambient noise in the project vicinity. There is no nesting habitat near the site. Therefore, it is unlikely that murrelets will be present in the project vicinity. III. EFFECTS Of THE ACTION The status of each of the listed species in the action area has been provided. The proposed project has been described and the action area defined. When reviewing all the data, the potential direct and indirect effects of the proposed action on the listed species and their critical habitat should be considered. A. Direct Effects: When considering the direct effects of the proposed project, one must determine if the proposed project will immediately reduce or destroy the listed species and/or their habitat. The potential, direct impacts caused by the construction process include increased noise and turbidity_ Pile driving noise: A vibratory pile driver will be used to drive the piles to practical refusal, Feist et at. (1992) reported that salmonids could be expected to hear pile driving noise approximately 2,000' from the source. Based on the studies at the Everett Homeport, these researchers concluded that pile driving did alter the distribution and behavior ofjuvenile pink and chum salmon. However, the Everett Homeport results may not be entirely applicable to the proposed project, because a diesel powered compression hammer was used in that study. As stated in the Feist report, "It would be reasonable to say that juvenile salmonids might respond differently to the sounds of a vibratory hammer, compared to that of a diesel compression hammer." As noted above, it is unlikely that murrelets will be present in the action area. Therefore, the construction process should have little or no impact on marbled murrelets. Turbidity: Increased turbidity caused by pile driving could, under certain circumstances, have adverse effects on salmon and bull trout. The effects depend on duration of exposure, concentration of turbidity and the life stage of the salmon during the increased exposure. The effects can be discussed in terms of lethal, sublethal or behavioral (Nightingale and Simenstad 2001 a and Simenstad, editor, 1988). A silt containment curtain will be installed in the project area to contain and minimize turbidity impacts. To minimize the adverse effects of increased turbidity and noise on migrating salmonids and bull trout, inwater construction work will taste place during the approved work window from July 16 to December 31. Overwater work can proceed outside of the inwater work window. B. Indirect Effects: Indirect effects are effects of the project that occur later in time. For this project, indirect effects might include alteration of juvenile salmon migratory pathways, increase in salmonid predation and reduction in prey resources and refugia due to shading of the epibenthic substrate by the structure. Migratory pathway alteration: Freshwater: There were no studies specifically investigating the effects of piers on salmonid migration in MS&A Selland Pier Project- 8 lakes cited by Kahler et al. (2000) in their review of pier -related impacts in lakes. Concerning the lake environment, Kahler et al. (2000) state, "The question remains whether juvenile salmonids in lakes migrate under, or otherwise utilize, piers, or if they avoid them and/or traverse their perimeter." However, more recent reports have provided additional information conceming salmon responses to overwater structures. Tabor and Piaskowski (2002) noted that, "In February and March, chinook salmon were found using overhead structures (piers, docks, and overhanging vegetation) during the day but in April and May, no chinook salmon were ever observed using overhead structures. At night, chinook salmon rarely used overhead structures." The authors hypothesized that the overhead structures were being used as a substitute for natural overhead cover during the days in February and March. In a later study, Tabor et al. (2006) noted slightly different results. They state that, "When migrating Chinook salmon approach a pier they appeared to move to slightly deeper water and either pass directly under the structure or swim around the pier. Most likely they move to deeper water as a way of reducing their predation risk." The pier where these findings we made is approximately 7.8' wide, 138' long and had solid decking. The dimensions of the piers in the earlier study are not known. The results from the later study were noted in May and July, whereas the 2002 study results were for the earlier months of February and March. In another study, Tabor et al. (2011) reported that, "Juvenile Chinook salmon were rarely observed under an overwater structure during either daytime or nighttime." There were no details concerning the type of overwater structure where these observations were made — sold decking or grated overwater structures. The results of Celedonia et al. (2008) were similar to those of Tabor et al. (2000). Celedonia et al. stated, "Juvenile Chinook salmon generally avoided areas directly beneath overwater structures. However, areas along the edges of structures (within about 2 in horizontal distance) were sometimes used for prolonged periods (up to 2 hours in one case)." However, these authors offered the following qualifying statement: These observations may be representative of holding fish near structures in general, but may not be an accurate indication of how untagged Chinook salmon would generally behave upon volitionally entering these specific areas. Actively migrating fish (i.e., most fish released off-site and observed at the Seattle Tennis Club site) often appeared to change course as they approached a structure. Structure width and water depth appeared to influence degree of avoidance. Fish appeared less hesitant to pass beneath narrow structures. Fish also appeared to move into deeper water to travel beneath or around structures. These authors also observed: Behavior at structures differed (i.e., swim beneath or travel around perimeter), and may have been related to such interrelated factors as: fish size, light levels beneath the structure, degree of contrast at the light - dark edge, width of the structure, height of the structure above the water surface, and water column depth beneath the structure. Further study is needed to conclusively determine how these and other factors interact to influence Chinook salmon behavior. Marine Waters: In the marine environment, it is generally accepted that overwater structures can alter migration behavior of juvenile salmon (though the effects may vary depending on the design and orientation of the structure, degree of shading, and the presence of artificial light), and reduce salmon prey resources and refugia by shading aquatic plant life (Simenstad et al. 1999; Nightingale and Simenstad 2001 b). However, the significance of these effects is not clear. As Simenstad et al. state, "We found no studies that described empirical evidence supporting or refuting that modification of juvenile salmon behavior in shoreline habitats was reflected in changes in survival." Nightingale and Simenstad (2001b) state, "Presently, although we know that under some conditions small juvenile salmon will delay or otherwise alter their shoreline movements when encountering an overwater structure, the conditions under which this behavioral modification is significant to the fishes' fitness and survival is relatively unknown." A study by Williams et al. (2003) at the Mukilteo ferry terminal, found that, "Salmon fry were observed in all nearshore habitats during each transect sampling period (day and night). The fry were observed under a wide MS&A Selland Pier Project, 9 range of PAR values (0.0 µmol m-2 s -I to 2370 nmol m-2 s-1). Fry were observed both outside the terminal and underneath the terminal at all times, and shadows produced by the 10 -m -wide terminal structure did not appear to act as barriers to fry movement at this location." There is no question that underwater structures may alter migration patterns — that is not in dispute. As seen in the study by Williams and in many other studies (see the literature review by Weitkamp - 2003), there are studies that indicate that salmon migration is not affected by the presence of overwater structures. Of course, there are other studies indicating migration patterns are altered by overwater structures. Increased predation: An additional concern about the impacts of overwater structures on migrating salmon is that they will be forced to move out into deeper water, where they will be consumed by predatory fish species. However, in a study conducted in the marine environment, Williams ct al. (2003) noted: We found no evidence that avian, marine mammal, or fish predators consumed more juvenile salmon near WSF terminals than along shorelines without overwater structures. Few species appeared to be targeting abundant fry in nearshore habitats, and we observed only two occasions in which predators (one tern sp., one staghorn sculpin) had consumed juvenile salmon. The authors also state, Our analysis of fish diets at the Mukilteo ferry terminal provides one piece of conclusive evidence that juvenile salmon were not a major dietary component of predatory fish species during our study. It should be noted that the Williams study was conducted in the marine, not lake, environment. In Lake Washington, smallmouth bass migration into the littoral zone corresponds with the peak occurrence of migrating salmonids in this zone (Fresh et al. 2001). Because of these similar migration patterns, salmonids are most at risk of predation from smallmouth bass in Lake Washington. Bass prefer complex, natural cover for their foraging environment. When there is a scarcity of natural cover for foraging, as is the situation in Lake Washington, they tend to use the dominant structures in the environment, such as pilings and piers, for foraging cover (Kahler et al. 2000). There is concern that increasing the number of overwater structures will increase the predation success of smallmouth bass on migrating salmonids. Tabor et al. (2004) investigated predation of juvenile Chinook salmon in three areas of the Lake Washington Basin. One of the areas they looked at was the south end of Lake Washington, an important rearing area. The investigators found that: The only predators observed to consume Chinook salmon were cutthroat trout, prickly sculpin (C aspen), smallmouth bass (Micropterus dolomieui), and largemouth bass (M salmoides). Consumption of Chinook salmon by cutthroat trout was observed in February, March and early April. Predation by prickly sculpin was only observed in February. Smallmouth bass consumed Chinook salmon in May and June. Few largemouth bass were collected; however, we did document a largemouth bass that had consumed a Chinook salmon in June. We estimated a total of 1,400 Chinook salmon fry were consumed by littoral predators from February to mid May..... Based on consumption estimates and expected abundance of juvenile Chinook salmon, predatory fishes probably consumed less than 10% of the fry that entered the lake from the Cedar River. The investigators in this study did not comment on the impacts of overwater structures on the predation rate found in south Lake Washington. C. Interrelated/Interdependent Effects: Completion of this project will not promote future construction or other activities that would not otherwise occur without its completion. Therefore, no additional interrelated or interdependent actions that could affect species regulated under ESA will occur because of this project. D. Take Analysis: "Take" is defined as, "to harass, harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any MS&A Selland Pier Project- 10 such conduct." The LISFWS further defines "harm" as "significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering." It is likely that no "take" will result from this project. E. Conservation Measures: In order to minimize any direct effects on the listed species caused by this project, inwater work should take place between July 16 and December 31. It is requested that over -water work be allowed to take place outside of this work window. Additional impact reduction and mitigation measures will reduce adverse impacts of the project. They include: 1. The first 40' of the fully grated pier will only be 4 -feet wide. 2. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minimize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. Piles will be driven using a vibratory pile driver to practical refusal. 5. Construction will take place during authorized in water work windows designed to protect listed species and/or critical habitat (July 16 —Dec. 31). 6. Two trees and nine shrubs will be planted in addition to the existing native plants seen in Figures 6 and 7. F. Determination of Effect: After reviewing the appropriate data and surveys, the effect determinations for the impacts of the project, as designed, are: 1. Puget Sound chlnook —'`May affect, not likely to adversely affect" 2. Bull trout —"May affect, not likely to adversely affect" 3. Puget Sound steelhead —"May affect, not likely to adversely affect" 4. Marbled murrelet — "No effect" This is the appropriate conclusion when effects on the species and their critical habitat are expected to be beneficial, discountable or insignificant. Limiting construction work to the approved work window will reduce direct impacts on the listed species. Shading impacts on the benthic environment will be minimized by the conservation measures discussed above. NIS&A Selland Pier Project- 11 Literature Celedonia, M. T., Roger A. Tabor, Scott Sanders, Daniel W. Lantz, and Ian Grettenberger. 2008.Movement and habitat use of chinook salmon smolts and two predatory fishes in Lake Washington and the Lake Washington Ship Canal. 2004-2005 acoustic tracking studies. Final report to Seattle Public Utilities. Federal Register I Vol. 61, No. 1021 May 24, 1996 I Rules and Regulations. Federal Register / Vol. 64, No. 56 I March 24, 19991 Rules and Regulations. Federal Register / Vol. 64, No. 210 / November 1, 1999 / Rules and Regulations. Federal Register I Vol 70, No. 170 I Friday, September 2, 2005 I Rules and Regulations. Federal Register/ Vol. 70, No. 185 1 September 26, 20051 Rules and Regulations. Federal Register I Vol. 72, No. 91 I Friday, May 11, 2007 / Rules and Regulations. Feist, Blake E., J.J. Anderson and R. Miyamota. 1992. Potential impacts of pile driving on juvenile pink (Oncorhynchus gorbuscha) and chum (O. keta) salmon behavior and distribution. FRI-UW-9603, Fish. Res. Inst., UW, Seattle, WA. Fresh, K.L. E. Warner, R. Tabor, and D. Houck. 2000. Migratory behavior of adult Chinook salmon spawning in the Lake Washington watershed in 1998 and 1999 as determined with ultrasonic telemetry. Extended abstract and presentation prepared for the Washington Chinook Salmon Workshop, November. Fresh, K. L., D. Rothaus, K. W. Mueller and C. Mueller. 2001. Habitat utilization by predators, with emphasis on smallmouth bass, in the littoral zone of Lake Washington (draft). WDFW. Hammer, Misty, King County Road Services Division. 2011. May Creek Drainage Improvement Project. Biological Evaluation Report for: Chinook Salmon and Steelhead Trout as protected under the Endangered Species Act. May Creek, King County, Washington State. Prepared for: King County Water and Land Resources Division Department of Natural Resources and Parks. 201 South Jackson Street Ste 600,Seattle, WA 98104-3856. Healey, M. C. 1982. Juvenile Pacific salmon in estuaries: the life support system, pp. 315 - 341. In: V.S. Kennedy (ed.). Estuarine comparisons. Academic Press, New York, NY_ Kahler, T., M. Grassley and David Beauchamp. 2000. A summary of the effects of bulkheads, pier and other artificial structures and shorezone development on ESA -listed salmonids in lakes. City of Bellevue. Kerwin, J., 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (WRIA 8). Washington Conservation Commission. Olympia. WA. Myers, J. M., R. G. Kope, G. J. Bryant, D. Teel, L. J. Lierheimer, T. C. Wainwright, W. S. Grand, F. W. Waknitz, K. Neely, S. T. Lindley, and R. S. Waples. 1998. Status review of Chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NOAA Tech Memo. NMFS-NWFSC-35, 443 pp. Nightingale, Barbara and Charles Simenstad. 2001a. Dredging activities: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 144 pp. Nightingale, B. and Charles Simenstad. 2001 b. Overwater structures: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 177 pp. Rienman, B. E. and J. D. McIntyre. 1993. Demographic and habitat requirements for conservation of Bull Trout, MS&A Selland Pier Project• 12 Gen. Tech. Rpt. U. S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp. Simenstad, C. A., K. L. Fresh and E. O. Salo. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function. Pp. 343-364. In: V. S. Kennedy, (ed.), Estuarine comparisons. Academic Press, New York, NY. Simenstad, C. A., (ed.). 1988. Effects of dredging on anadromous Pacific coast fishes, Workshop proceedings, Washington Sea Grant, Seattle WA, September 8-9, 1988. Simenstad, C.A., B.J. Nightingale, R.M. Thom and D.K. Shreffler. 1999. Impacts of ferry terminals on juvenile salmon migration along Puget Sound shorelines. Phase 1: Synthesis of state of knowledge. Report to WSDOT/TJSDOT Research Report T9903, Task A2, 116 pp. + appendices. Synthesis of salmon research and monitoring. Investigations conducted in the Western Lake Washington Basin. December 31, 2008. Seattle Public Utilities and the Army Corps of Engineers. Contributors: Mike Cooksey Peter N. Johnson , Paul DeVries, Michele Koehler, Charles J. Ebel, Lynne Melder, Frederick A. Goetz, Jim Muck, Julie Hall Eva Weaver Tabor, R. A. and Richard M. Piaskowski. 2002. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2001. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, R. A., M. T. Celedonia, F. Mejia, R. M. Piaskowski, D. L. Low, B. Footen and L. Park. 2004. Predation of juvenile chinook salmon by predatory fishes in three areas of the Lake Washington Basin. U. S. Fish and Wildlife Service, Muckleshoot Indian Tribe and Northwest Fisheries Science Center. Tabor, R. A. Howard A. Geams, Charles M. McCoy 111, and Sergio Camacho. 2006. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2003 and 2004. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, Roger A., Kurt L. Fresh, Richard M. Piaskowski, Howard A. Gearns & Daniel B. Hayes (201 1): Habitat Use by Juvenile Chinook Salmon in the Nearshore Areas of Lake Washington: Effects of Depth, Lakeshore Development, Substrate, and Vegetation, North American Journal of Fisheries Management, 31:4, 700-713 Washington Department of Fish and Wildlife (WDFW). 2004. Salmonid Stock Inventory (SaSI). Washington Department of Fish and Wildlife, Olympia, WA. Weitkamp, Don E. September 2003. Young Pacific Salmon in Estuarine Habitats. Review Draft. Parametrix, Inc. Kirkland, WA. Williams, G. D., R. M. Thom, D. K. Shreffler, J. A. Southard, L. K. O'Rourke, S. L. Sergeant, V. 1. Cullinan, R. Moursund, and M. Stamey. Assessing Overwater Structure - Related Predation Risk on Juvenile Salmon: Field Observations and Recommended Protocols. September 2003. Prepared for the Washington State Department of Transportation Under a Related Services Agreement With the U.S. Department of Energy Under Contract DE- AC06-76RLO 1830. MS&A Selland Pier Project• 13 Figure 1. Vicinity map PROJECT INFORMATION OWNED: MARK SELLAND DRAWINGS BY: ECCO DESIGN INC. 203 N 36TH ST SUITE 201 SEATTLE, WA 98103 206-706-3937 SITE ADDRESS: 4017 & 4023. WILLIAMS AVE N RENTON, WA 98056 PARCEL NUMBER: (4017) 0518500460 & (4023) 0518500450 BODY OF WATER; LAKE WASHINGTON LEGAL DESCRIPTION: (0518500460) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,i,K,L,M,N;O & P (0518500450) BARBEE MILL TGW UND INT IN TRS A,S,C,D;E,F,G, H,I,K,L,M,N,O & P PROJECT DESCRIPTION, CONSTRUCT NEW PIER (400 SQUARE FEET) AND INSTALL TWO NEW BOAT LIFTS. PLANT NATIVE VEGETATION ALONG THE SHORELINE. PURPOSE: Boat Moorage DATUM: C.O.E, Locks datum Est. 1919 ADJACENT PROPERTY OWNERS: 1. Charles & Elaine VVv 2. Peng Jiang VICINITY MAP �r e nor en E'a* ;. E Rki -�-?f]d eft t",.r r iY{k a PROJECT SITE: LRT: 47.52864' N LON: 122.20605° W NW 114 S:32 T:24N R:5E - ( n R��t�rro NAME: Mark Selland REFERENCE* SITE LOCATION ADDRESS: 4017 & 4023 Williams Ave. N Renton, WA 98056 PROPOSED: Pier & Boat Lift!? IN: Lal€€: Washington AT: Renton COUNTY: King STATE: WA SHEET 1 of 7 DATE: May 28, 2015 MS&A Selland Pier Project- 14 Figure 2. Site plan PLEASE NOTE THAT THE SHORELINE CONFIGURATION AND PROPERTY LINE EXISTING LOCATIONS ARE APPROXIMATE ONLY. ADJACENT PROPERTY LINES ARE BASED ON SURVEY PIERS—'" REC. NO. 20080208000182. f `� .x PROPOSED PIER WL .. , �,.,... . TWO BOAT LIFTS ADJACENT PIER NOT YET CONSTRUCTED \`1 \ P9OHWM vo (� 21.85' �. A ti IT LAKE WASHINGTON .\ SITE SCALE 1 " = 60'-0" OHWM 21.85' PLAN 0 90 FT MAY CREEK THE_LAKE HOUSES OHWM AT EAGLE CO 21.85' 4001 WELLS AVE N i EXISTING ADJACENT PIER \ �� Reference: �'► Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of 7 Date: 5128/2015 MS&A Selland Pier Project 15 Figure 3. Plan view ..... DOCK LADDER Irl" rr o'a C1 0 20 FT__ 4'-0" Reference: Applicant: Mark Selland PLAN VIEW SCALE 1" = 10'-0" Proposed: Pier & Boat Lifts At: Renton, WA Sheet 3 of 7 Date: 512812015 MS&A Selland Pier Project• 16 Figure 4. Elevation view 80' f........... ..... ... . ELEVATION VIEW SCALE 1" = 20'-0" 0 30 FT APPROX. LOCATION OF LAKEBEQ Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 4 of 7 Date: 5/28/2015 MS&A Selland Pier Project• 17 Figure 5. A -A pier section view PIER SECTION A -A SCALE 112" = 1'-0" Lt AlitV IV CL HSS UU318" GALV.STEEL RECTANGLE Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 5 of 7 Date: 5128/2015 MS&A Selland Pier Project• 18 Figure b. Existing and proposed native vegetation buffer SHORE PINE w.. 2 SHORE PI PLANT COUNT E) 2 SHORE PINE (TREE) 4 NOOTKA ROSE (SHRUB) 3 RED -FLOWERING CURRANT (SHRUB) � 2 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1'= 20'-0" EXISTING CONCRETE WALKWAY TO REMAIN Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Late: 5128/2015 MS&A Selland Pier Project• 19 Figure 7. Existing plant legend EXISTING PLANT LEGEND 0.- AMELANCHIER ALNIFOLIA / SERVICEBERRY Q CORNUS STOLONIFERA 1 RED TWIG DOGWOOD ED MAHONIA AQUIFOLIUM ! TALL OREGON GRAPE 0 MAHONIA NERVOSA f LOW OREGON GRAPE 9 RIBES SANGUINEUM / RED FLOWERING CURRANT ROSA NUTKANA / NOOTKA ROSE SYPHORICARPOS ALBUS / BALD -HIP ROSE �9 VACCINUM OVATUM 1 EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS 1 BLUE CHAT GRASS ALLIUM CERNUUM / NODDING ONION ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK ;<`m FRAGARIA CHILOENSIS f BEACH STRAWBERRY GAULTHERIA SHALLON 1 SALAL Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 5/28/2015 MS&A Selland Pier Project* 20 Attachment 1. Aerial photograph of the site Arrow indicates the project site. MS&A Selland Pier Project• 21 Attachment 2. Species List for King County LISTED AND PROPOSED ENDANGERED AND THREATENED SPECIES AND CRITICAL HABITAT; CANDIDATE SPECIES; AND SPECIES OF CONCERN IN KING COUNTY AS PREPARED BY THE U.S. FISH AND WILDLIFE SERVICE WASHINGTON FISH AND WILDLIFE OFFICE (Revised April Z4, 2013) LISTED Bull trout (Salvelinus confluentus) Canada lynx (Lynx canadensis) Gray wolf (Canis lupus) Grizzly bear (Urs us arctos = U a. horribilis) Marbled murrelet (Brachyramphus marmoratus) Northern spotted owl (Stria occidentalis caurina) Major concerns that should be addressed in your Biological Assessment of project impacts to listed animal species include: 1. Level of use of the project area by listed species. 2. Effect of the project on listed species' primary food stocks, prey species, and foraging areas in all 3. Impacts from project activities and implementation (e.g., increased noise levels, increased human activity and/or access, loss or degradation of habitat) that may result in disturbance to listed species and/or their avoidance of the project area. Castilleja levisecta (golden paintbrush) [historic] Major concerns that should be addressed in your Biological Assessment of project impacts to listed plant species include: 1. Distribution of taxon in project vicinity. 2. Disturbance (trampling, uprooting, collecting, etc.) of individual plants and loss of habitat. 3. Changes in hydrology where taxon is found. DESIGNATED Critical habitat for bull trout Critical habitat for the marbled murrelet Critical habitat for the northern spotted owl PROPOSED North American wolverine (Gulo gulo luteus) — contiguous U.S. DPS CANDIDATE Fisher (Martes pennanti) — West Coast DPS Oregon spotted frog (Rana pretiosa) [historic] Yellow -billed cuckoo (Coccyaus americanus) Pinus alhicaulis (whitebark pine) MSS,A Selland Pier Project* 22 SPECIES OF CONCERN Bald eagle (Haliaeetus leucocephalus) Beller's ground beetle (4gonum belleri) Cascades frog (Rana cascadae) Hatch's click beetle (Eanus hatchi) Larch Mountain salamander (Plethodon larselli) Long-eared myotis (iWyotis evotis) Long-legged myotis (Myotic volans) Northern goshawk (Accipiter gentilis) Northern sea otter (Enhydra lutris kenyoni) Northwestern pond turtle (Emys (= Clemmys) marmorata marmorata) Olive -sided flycatcher (Contopus cooperi) Pacific lamprey (Lampetra tridentate) Pacific Townsend's big -eared bat (Corynorhinus townsendii townsendii) Peregrine falcon (Falcon peregrines) River lamprey (Lampetra ayresi) Tailed frog (Ascaphus tritei) Valley silver spot (Speyer serene brewery) Western toad (Bg1b Koreas) Aster curt its (white -top aster) Botrychium pedunculosum (stalked moonwort) Cimicifuga elate (tall bugbane) MS&A Sedand Pier Project* 23 Attachment 3. Essential Fish Habitat Assessment A. Background The Magnuson -Stevens Fishery Conservation and Management Act (MSA), as amended by the Sustainable Fisheries Act of 1996 (Public law 104-267), requires Federal agencies to consult with NMFS on activities that may adversely affect designated Essential Fish Habitat (EFH) for the relevant species. According to the MSA, EFH means "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." For the Pacific West Coast, the Pacific Fisheries Management Council (Council) has designated EFH for federally managed groundfish (PFMC 1998a), coastal pelagic (PFMC 1998b) and Pacific salmon fisheries (PFMC 1999). The purpose of the EFH Assessment is to determine the effects of the proposed project on the EFH for the relevant species and to recommend conservation measures to avoid, minimize or otherwise offset adverse effects on EFH. B. Identification of EFH The designated EFH for groundfish and coastal pelagic species encompasses all waters from the mean high water line, and upriver extent of saltwater intrusion in river mouths, along the coasts of Washington, Oregon and California, seaward to the boundary of the U. S. exclusive economic zone (370.4 km) (PFMC 1998a, 1998b). The designated EFH in estuarine and marine areas for Pacific salmon species extends from the nearshore and tidal submerged environments within state territorial water out to the full extent of the exclusive economic zone (370 km) offshore of Washington, Oregon and California north of Point Conception to the Canadian border PFMC, 1999). Freshwater EFH for Pacific salmon includes all those streams, lakes, ponds, wetlands and other water bodies currently, or historically accessible to salmon in Washington, Oregon, Idaho and California, except areas upstream of certain impassable man-made barriers, and longstanding, naturally -impassable barriers. Chinook salmon and coho salmon are the species with designated EFH that are found in Lake Washington C. Proposed Action The details of the proposed project are presented in section of the attached BE/Lake and Stream Study Report. D. Effects of the Proposed Action The effects of this project on designated EFH are likely to be similar to the effects described in detail in the Effects Analysis section of the attached BE/Lake and Stream Study Report. The project is likely to have no permanent, long-term effects EFH designated for chinook and coho salmon. E. EFH Conservation Measures The conservation measures mentioned in the attached BE/Lake and Stream Study Report will be implemented to minimize possible adverse effects to EFH. F. Conclusion The project may have temporary adverse effects on EFH the salmon species, but will not produce long-term adverse effects on EFH for the above species. MS&A Selland Pier Project- 24 G. AddRional References PFMC (Pacific Fishery Management Council). 1999. Amendment 14 to the Pacific Coast Salmon Plan. Appendix A: description and Identification of Essential Fish Habitat, Adverse Impacts and Recommended Conservation Measures for Salmon (August 1999). PFMC, 1998a. Final Environmental Assessment/Regulatory Review for Amendment I I to the Pacific Coast Groundfish Fishery Management Plan (October, 1998). PFMC, 1998b. The Coastal Pelagic Species Fishery Management Plan: Amendment 8 (December, 1998). M5&A Selland Pier Project- 25 Attachment 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook Project description: Construction of a new pier on Lake Washington in Renton, This assessment covers the primary constituent elements (50 CFR Part 226, page 74581-2) determined essential to the conservation of Puget Sound Chinook salmon (Oncorhynchus tshawytscha): (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: There are no suitable freshwater spawning sites at the project location. (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and supportjuvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver darns, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: Native vegetation has been planted immediately landward of the bulkhead in conjunction with the upland development. There is a concrete/steel bulkhead along the site shoreline. No side channels or undercut banks were noted. (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: See (2) above. (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh -and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: See (2) above. (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Existing Conditions: The site is in a freshwater area. (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: The site is in a freshwater lake area. MS&A Selland Pier Project• 26 Effects Analysis: A complete discussion of the effects of this project is seen in the BE/Lake and Stream Study Report. Construction will produce brief and localized increased turbidity, which will be contained by a silt curtain. The project will have no long-term impacts on water quantity, salinity conditions or water temperature. Construction during work windows will prevent impacts to the listed fish species. Shading impacts on the benthic environment will be reduced by design components of the proposed project. The entire dock will be fully grated. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minimize migration obstacles for young salmonids that prefer the shallowest areas. The construction barge will not be allowed to ground out on the lake bottom at anytime. Additional native vegetation will be planted (Figure b). Determination of Effect: "May affect, not likely to adversely affect" MS&A Selland Pier Project* 27 Attachment 5. Assessment of Impacts to Critical Habitat for Coastal - Puget Sound Bull Trout Applicant: Mark Selland The primary constituent elements determined essential to the conservation of bull trout (Salvelinia confluentus) are: (1) Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 °F (0 to 22 °C) but are found more frequently in temperatures ranging from 36 to 59 °F (2 to 15 °C). These temperature ranges may vary depending on bull trout life history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence. Stream reaches that preclude butt trout use are specifically excluded from designation. Existing Conditions: The project will take place in Lake Washington, a large body of fresh water. Effects to PCE: The project is not expected to have any influence on the water temperature of Lake Washington. (2) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to provide a variety of depths, velocities, and in stream structures. Existing Conditions: Project will take place in Lake Washington - not in.a stream environment Effects to PCE: No effect (3) Substrates of sufficient amount, size and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young -of -the year and juvenile survival. This should include a minimal amount of fine substrate less than 0.25 in (0.63 cm) in diameter. Existing Conditions: No spawning activity at the site Effects to PCE: No effect (4) A natural hydrograph, including peak, high, low, and base flows within historic ranges or, if regulated, currently operate under a biological opinion that addresses bull trout, or a hydrograph that demonstrates the ability to support bull trout populations by minimizing daily and day-to-day fluctuations and minimizing departures from the natural cycle of flow levels corresponding with seasonal variation: This rule finds that reservoirs currently operating under a biological opinion that addresses bull trout provides management for PCEs as currently operated. Existing Conditions: Project will take place in Lake Washington Effects to PCE: The project does not involve any alteration in the lake level; therefore it will have no impact on this PCE. MS&A Selland Pier Projects 28 (5) Springs, seeps, groundwater sources, and subsurface water to contribute to water quality and quantity as a Cold- water source. Existing Conditions: See 4 above Effects to PCE: This project will have no impact on springs, seeps, groundwater sources or subsurface water (6) Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows. Existing Conditions: Native vegetation has been planted along the site shoreline. Effects to PCE: The proposed dock will incorporate design components that will decrease negative impacts on foraging habitat and migratory corridors. The proposed dock will be fully grated. (7) An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish. Existing Conditions: Native vegetation has been planted along the site shoreline. Effects to PCE: See 6 above (S) Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival are not inhibited. Existing Conditions: See 4 above. Effects to PCE: Pile driving may produce temporary turbidity impacts. These are expected to be short term and are not expected to have a significant impact on critical habitat. Any debris associated with the project construction phase will be contained by a silt containment curtain. Determination of Effect: "No destruction or adverse modification" Conservation Measures: Conservation measures for this project are seen in the BE/Lake and Stream Study Report. MS&A Selland Pier Project- 29 LAKE WAS H I N GTC 0 N Renton y'OC _�� C N 40TH ST. R, P� vq. NEIGHBORHOOD DETAIL MAP SCALE 1" = 200' 0 500 FT rn --�����Renton 0 NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS -M) A Master Application has been filed and accepted with the Department of Community & Economic Development {CED} — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: July 7, 2015 LAND USE NUMBER: LUA15-000489, ECF, SM PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M). As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS -M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non - Significance -Mitigated (DNS -M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14 -day appeal period will follow the issuance ofthe DNS -M. PERMIT APPLICATION DATE: June 26, 2015 NOTICE OF COMPLETE APPLICATION: July 7, 2015 APPLICANT/PROJECT CONTACT PERSON: Mark Selland / 4017 Williams Ave N/Renton, WA 98056 / 858-342- 1393/mselland@dmsolutions.com Permits/Review Requested: Environmental (WA) Review, Shoreline Substantial Development Permit Other Permits which may be required: Building Permit, Construction Permit Requested Studies: Biological Assessment, Stream/Lake Study if you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED — Planning Division, 1055 So. Grady Way, Renton, WA 98057, Name/File No.: Selland Joint Use Dock/ LUA15-000489, ECF, SM NAME: MAILING ADDRESS: TELEPHONE NO.: City/State/Zip: Location where application may be reviewed: Department of Community & Economic Development (LED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP -RHD (Residential High Density) on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist; and Biological Evaluation/Lake and Stream Study/Habitat Report. Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • Follow recommendations identified In the Biological Evaluation/Lake Stream Study/Habitat Report ■ Construction only during the state Department of Fish and wildlife approved in -water work periods Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED -- Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 21, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request_ CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6598; Eml: ksorensen@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.2.10 RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. if you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSAL: Complete this checklist for nonproject proposals, even though questions may he answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (pari I]). For nonproject actions (actions involving decisions on policies, plans aruo programs), the references in the checklist to the words "project," "applicant," and "pr0Qerty_or situ' should be read as "proposal," "proposer," and "affected geographic area," respectively. .SERVEW.lob Files'.S"relmei201CS1469 Selland PIer1SDP+Admin�env4anmental checklisf.doc A. BACKGROUND Name of proposed project, if applicable: Selland Pier Name of applicant: Mark Selland Address and phone number of applicant and contact person: Applicant: Mark Selland 4017 Williams Ave. N Renton, WA 98055 858-342-1393 Contact Person: Evan Wehr — ecco design inc. 203 N 36`h Street Suite 201 Seattle, WA 98103 206-706-3937 4. Date checklist prepared: lune 23, 2015 S. Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Fall 2015 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. $.. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Biological Evaluation was prepared by Marine Surveys and Assessments to assess impacts to listed species and/or critical habitat for the project. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? if yes, explain. None are known. 10, List any governmental approvals or permits that will be needed for your proposal, if known. Letter of Permission from the Army Corps of Engineers. SDP, SEPA review, and building permit from the City of Renton. FIPA from the Washington Department of Fish and Wildlife. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construct new pier and install two new boat lifts. 12. Location of the proposal, Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. !While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checkkst. 4017 & 4023 Williams Ave. N in Renton, WA 98056. Section: NWI/4 32 Town: 24N Range: 5E B. ENVIRONMENTAL ELEMENTS EARTH 2- SERVERUih FileslShG,Lvle120'—%S'469 Selland checkkst.dcc 08109 a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) The site is relatively flat with the steepest slope along the shoreline being approximately 30%. C. What general types of soils are found on the site (for example, clay, sand, gravef, peat, muck)? if you know the classification of agricultural soils, specify them and note any prime farmland. Sand, gravel, and silt. d. Are there surface indications or history of unstable soils in the immediate vicinity? if so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading is proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? There will be no change to the amount of impervious surfaces. In. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None proposed. Z. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Low levels of emissions from boat traffic. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: done. 3. WATER a. Surface Water: 1) is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The work will occur in Lake Washington. 2j Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? if yes, please describe and attach available plans. The pier and boat lifts installed in Lake Washington. - 3- 06l09 SERVER`.ob 80and cneaklistdec 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. Yes. 6) Does the proposal involve any discharges of waste materials to surface waters? if so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example` Domestic sewage; industrial, containing the following chemicals...; agricultural, etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, if so, describe. N/A 2) Could waste material enter ground or surface waters? if so, generally describe. Construction debris could enter surface waters. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: A containment boom will be placed around the construction area to contain debris. 4. PLANTS Check or circie types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation What kind and amount of vegetation will be removed or altered? None. C' List threatened or endangered species known to be on or near the site. None Know. _ 4 - Qsfog 515ERVFMi Db F::es.Shorel-nes,2014i;;1489 Selland ?ierlSDP�Admi7le7vlr;nmen!a: checklistAcc d. Proposed landscaping, Use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Nine native shrubs and two native trees will be planted as mitigation, 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trod herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Chinook salmon, bull trout, and steelhead. C. Is the site part of a migration route? If so, explain Juvenile salmonids migrate along the lake shoreline, d. Proposed measures to preserve or enhance wildlife, if any: Work will take place th during the appropriate work window of July 16 through December 31't 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Solar and electric. b. Would your project affect the potentlai use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? if so, describe. No. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b, Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None known. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis {for example: traffic, construction, 5 obiN !ISERvrRUob5e-land Perk.SD�AcmirlellliirDnmer7talcheck '..istdcM operation, other)? Indicate what hours noise would come from the site. Short- term: Elevated levels of noise from pile driving and construction. Long term: Low levels of noise from boating. 3) Proposed measures to reduce or control noise impacts, if any: Work will take place only during appropriate work hours. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site and adjacent properties are residential. b, Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. Existing single family houses. d, Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-10 f. What is the current comprehensive plan designation of the site? COR g. If applicable, what is the current shoreline master program designation of the site? Urban h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes, Lake Washington. i. Approximately how many people would reside or work in the completed project? None. }. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The pier will be approximately three feet above the ordinary high water mark. _ 6 _ 66io9 ,'C R�Job FSel,nd Pi�r'SOP Adrin4en �sorm.er�la! eheenlisL doc b. What views in the immediate vicinity would be altered or obstructed? No. C. Proposed measures to reduce or control aesthetic impacts, if any: done. 11. LIGHT AND GLARE a_ What type of light or glare will the proposal produce? What time of day wouid it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off site sources of light or glare may affect your proposal? Nene. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating and fishing. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C, Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. A Duwamish village was known to be at the mouth of May Creek that is adjacent to the site. C. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is accessed by Lake Washington Blvd. N just west of 1-405. b. Is site currently served by public transit? if not, what is the approximate distance to the nearest transit stop? 8/10ths of a anile. c_ Now many parking spaces would the completed project have? Now many would the project eliminate? No change. 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. SERVER Job F esaho�e'.=ne,20',41 51489 Sel=,arid P er�.SUP%Acfmmernvrenmental &ccks: dx e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? if so, generally describe. Boat traffic on Lake Washington. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any. None. is, PUBLIC SERVICES a. Would the project result in an increased need for public services (for example_ fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. Dane. 15. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service,,tele hone sanitar sewer septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. it is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of fart) disclosure on may part. Proponent Signature.- Name ignature:game Printed: 1. Hate: a. ., .v_�R2L;qb r t sa_r_,]14-S S!A7an; r -h -x'i taor 6io!' Denis Law City of 1:. pi<gyer December 17, 2015 Community & Economic development Department C.E."Clip"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL SEPA THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on December 14, 2015: SEPA DETERMINATION: Determination of Non -Significance Mitigated (DNSM) PROJECT NAME: Selland -Thorpe Residential Joint Use Pier PROJECT NUMBER: L,UA15-000489, ECF, SM Appeals of the environmental determination must be filed In writing on or before 5:00 p.m. can January 4, 2016, together with the required fee with: Nearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. if you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, Kris Sorensen Associate Planner Enclosure cc: King County Wastewater Treatment Division Ramin Paxooki, WSDOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program U5 Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMMUNITY- c1k),Of AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) PROJECT NUMBER: LUA15-0004$4, ECF, SM APPLICANT: Mark Selland PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. Thirty-one native shrubs would be planted along the shoreline. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees as mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report and Addendum. PROJECT LOCATION: 4017 & 4023 Williams Ave N LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5.00 p.m. on January 4, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: December 18, 2015 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE OF DECISION: SIGNATURES: Gregg Zimmerman, Administrator Public Works Department Terry Higashlyama, Administrator Community Services Department �C.it4� of DECEMBER 14, 2015 iiar Pe erson Administrator Date Fire & Emergency Services Date 1 C- , Lt t5- 4- 1 Z 1 _ C.E. Chip Vincent, Administrator Date Department of Community & Date Economic Development DEPARTMENT OF COMMUNITY �: - Rent( AND ECONOMIC DEVELOPMENT w `y -a ; DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA15-000489, ECF, 5M APPLICANT: Mark Selland PROJECT NAME: Selland -Thorpe Residential Joint Use Pier PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,534 and 5,571 square feet) at 4017 and 4023 Williams Ave N. The total area of the site is 11,205 square feet within the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge - mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. An existing shared concrete stair walkway provides access from the homes to the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees. Dead plants in the vegetated shoreline would be replaced. The applicant submitted a Biological Evaluation/Lake and Stream Study/habitat Data Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report and Addendum, prepared by Marine Surveys and Assessments, dated June 8, 2015 and June 30, 2015, including but not limited to the "Construction Sequence" subsection on page 5. 2. The applicant shall provide a revised planting plan that includes either Oregon Ash, Shore Pine, or Sitka Willow tree species and identifies the locations of the replacement plants to the Current Planning Manager, for review and approval, prior to issuance of the Shoreline Substantial Development Permit. 3. Prior to any construction activities, a silt containment curtain shall be installed around the project area to minimize impacts from disturbed sediments which may occur during pile driving activities. This silt curtain shall remain in place until construction activities are completed. Any construction debris which enters Lake Washington waters shall be immediately retrieved and placed on the construction barge. 4. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and the Washington Department of Fish and Wildlife and the Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the Washington Department of Fish and Wildlife. 5. Construction shall take place only during the Washington Department of Fish and Wildlife approved in -water work periods (fish window) currently established as July 16 through December 31. 6. The dock lights shall have an amber hue. The proposed lighting and amber hue shall be included with the building permit application for the subject project, for review and approval by the Current Planning Project Manager. A[DIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal {process for the land use actions. Engineering Review Comments Contact: Vicki Grover ( 425-430-7291 I vgrover@rentonwa.gov • A lighting study needs to be conducted. • The proposed lighting needs to be amber hued and shrouded. * Is there a proposal to remove the existing dock? • Include dock grate details and material specs. • Project narrative does not match the plans. • The plans do not match the SEPA. PLAN - Planning Review - Land Use Version 2 1 December 10, 2015 Planning Review Comments Contact: Kris Sorensen 1425-430-6593 ksorensen@rentonwa.gov Recommendations: 1. RMC Section 4 4 030.0.2 limits haul hours between 8:30am to 3:30pm, 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 7:00am and 8:00pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00am and 8:00pm. No work shall be permitted on Sundays. ERC Mitigation Measures and Advisory Notes rage 2 of 2 DEPARTMENT OF COMMUNITY� �`tY°� ' AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: January 14, 2016 LUA15-000489, ECF, SM July 1, 2015 July 7, 2015 f CONCUME E DATE13 f AME f INlifAf rDATE r�1 D -i {.tom` Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: PROJECT MANAGER: OWNER: CONTACT/APPLICANT: PROJECT LOCATION: LEGAL DESCRIPTION: SEC-TWN-R: Selland -Thorpe Joint Use Residential Pier Kris Sorensen, Associate Planner Mark Selland, 4017 Williams Ave N & James Thorpe, 4023 Williams Ave N; Renton WA 98056 Mark Selland, 4017 Williams Ave N, Renton WA 98056 4017 & 4023 Williams Ave N 4017 Williams Ave N: Lot f#, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington. Toge er with an undivided interest in Tract KAP1i gress, egress and utilities as delineate ce of said plat. 4023 Williams Ave N: tat to, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington. Togeth with an undivided interest in Tract K forg ess, egress and utilities as delineated on e of said plot. NW -32-24-5 PROJECT WITHIN THE SHORELINE OF: Lake Washington, Reach C clTv of I. -e -atoms t4oTlce P�ENvIAPNMENTAt[1�RMiNAT10N oNSMi ISSUANCE OF A DETERMINATION OF NON`�r+NIF1CANCE - MRIGAYED { pOSTEP TO NOTIFY INMES Ep PEASPNS OF AH ENVIRONMEMI0.L ACIwN y�II.mFTh.Ne �yM.AlalblM UN PIK PRPIECFNAME: LUALS-BBB�B4.EEf. SM ESTSNO ENWaONMENfAL {SEP A{ aEVSEW 0.NO PR01lCTNUMBEI� YB11ieQ11 PRYltmelw.N PN Of AN Bo- .CAR THE APPLICANT REFIU PCIIp110N: pEV41DPMENT PERMIT FOR TNF [DNST 7'NP pNGEE- APPaOVAL PF P SHPRElINE SUE4TANTUIE R� A7 A017 AND GPT.' N ASHPREEINE OF S.ATEWIOESIGNNICASCL THE ....ION.IOINT USE PIER ANP TWO FREE-STANPINP OT O 5715411AREW{jP4IN THE R-10 1PNE, FAMRY HOMESOFLTHE5E.CO F�UTWOOI�� 11�DS SgUARE EEE. PILLS ARF PROPPSEP PRP14R SIEE FNCOMP OF THE 9M W7LLWMF 0.VE N. YNR TOTAL AREA ��EP TD THE SITZ BY BARGE EiHT V,DUIO NAVE [ONETaUCf1Px MATERIALS WOULD BETt D 111111OILY PRE p RNEIL AVEN AxpA BT A BARBE�YIOUNT! TO EDIT vYlVL � � PROPO5EDTP BE tP15EP—=n UGHTS COxNECfEP pSTEEL AR, END-TNE SNORELINE S ARMORED Wlltl A NLLY GaATEP THRUFtDW OR[R1NO. FOUR fpOIH THE HPMES TD THE SECTION pPTHF PiFa W DU1D BE ""PORTED BY THEEAISTINP BULAlIE40. PL, LADDER AT THE WATFMN Y pPOVIPES AOCESS NE IN AOOITION BULRHFAP SHARED S oNlRSTE STMR VY EAWA THE APPLICANT TFVE SHRUBS WlLL BE ADAE6 ROVID TFE BULAxfAD SNORFLI AN ERxSIlHI 8E REPLAEEO' SHPREUNE TW -O LpxTS IN THE VEGETATED 5SS �M TIJff1IHABISAT ppTA PEPPRT. TO FOUR TREi510 tuE EVALLINnONILAAE AMF SUBMItYRP A CO,, T CE IERW HAS DETERMINED mT ON MEASu �E6 MENTAL aEVIEW AT G4H BE MITIGATED TKPOUGH MYnGA THE c7y Os RENTON ENVIRON TIMPACTS TH A JanwN ti ACRON HAS PROBABLE 51GNIfICA'N IA wM1BRE nn °T hdnr. 5D0 P- [h GnadY WYY. nlpl 6.eamllnatbn mRel M RI.b [l M REamn. 1055 5.a iMPrmatlon AppeaN of the.nvlmam Ind F.. wltR: He.rin6 Ex.minat. q el RMC 0.&110 aM ReMeh Msj. APPS' t- Eh. EIPrtmV aM E _.n CRYd "y a Nif OSa4� (415143o-6510. InctR. ePP..1 Pp,. m" be obtYh�%5 1111 .ep*A lNG WILL BESET AND AIL PARTIES APPFAlEO, A PJBUC HFLA IF THE ENY4PONMEHTAL DETERMINAIIOp T _ NOTIFIED. CERTIFICATION I, k S U G hereby certify that_ copies of the above document were posted in conspicuous places or nearby the described property on Date: Signe STATE OF WASHINGTON ) ] SS COUNTY OF KING certify that I know or have satisfactory evidence that _ k r S4-, f- .ins _ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses a. Wgpases mentioned in the instrumen#. Notary P c in and for the State of Washington Notary (Print): - My appointment expires: [ CITYOF RENTQN UNITY OMICDEVEL DEPARTMENT .C1F COMM & ECDN O,PMENT , PLANNING. DIVISION AFFIDAVIT OF°SERVICE'BY, MAILING_:,::,_ On the 17th day of December, 2015, 1 deposited in the mails of the United States, a sealed envelope containing ERC Determination and Notice documents. This information was sent to: I Agencies I See Attached I Mark Selland I Owner James Thorpe I Owner (Signature of Sender): STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Sabrina Mirante signed this instrument and acknowledged it to be his/her/their free and voluntary mentioned in the instrument. Dated: 12 e c e'VOn Notary (Print): My appointment expires: Np111+ �� Illl�t�i X i �th�a urposes Public in and for the State of Washligfon k2 �.s 4F- 247/ Z a W iH , - Selland -Thorpe Residential Joint Use Pier T`.... - LUA15-000489, ECF, SM template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** Dept. of Ecology ** Muckleshoot Indian Tribe Fisheries Dept. ** Environmental Review Section Attn: Misty Blair Attn: Karen Walter or SEPA Reviewer PO Box 47703 PO Box 47703 39015-172 nd Avenue 5E Olympia, WA 98504-7703 Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program ** Attn: Ramin Paiooki 4717 W Marginal Way SW Attn: Laura Murphy King Area Dev. Serv„ MS -240 Seattle, WA 98106-1514 39015 172"d Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 9813 3-97 10 US Army Corp. of Engineers * KC Wastewater Treatment Division * Muckleshoot Cultural Resources Program ** Seattle District Office Environmental Planning Supervisor Attn: Erin Slaten Attn: SEPA Reviewer Ms. Shirley Marroquin 39015 172"d Avenue SE PO Box C-3755 201 S, Jackson ST, MS KSC-NR-050 Auburn, WA 98092-9763 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers *** WDFW - Larry Fisher* Office of Archaeology & Historic Preservation* Depart. of Natural Resources 1775 12th Ave. NW Suite 201 Attn: Gretchen Kaehler PO Box 47015 Issaquah, WA 98027 PO Box 48343 Olympia, WA 98504-7015 Olympia, WA 98504-8343 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Tim McHarg Attn: Charlene Anderson, AICP, ECD 35030 SE Douglas St. #210 Director of Community Development 220 Fourth Avenue South 5noqualmie, WA 98065 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 98056 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Wendy Weiker, Community Svcs. Mgr. Jack Pace, Responsible Official Gary Kriedt 355 110th Ave NE 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 Mailstop EST 11W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98004 Seattle Public Utilities Puget Sound Energy Timothy C. Croll, Doug Corbin, Municipal Liaison Mgr. Attn: SEPA Responsible Official 6905 South 2281h St 700 Fifth Avenue, Suite 4900 Kent, WA 98032 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.eov ** Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Pian PMT, & Notice to the following email addresses: KWalter@muckieshoot.nsn.usl Lau ra.murphyC@muckleshoot. nsn,us erin.slaten@muckleshoot.nsn.us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenterC-1a dnr.wa,eov template - affidavit of service by mailing Denis Law000 Clty 0 Mayor .✓— ._ r [ _ a �!'� qui * a � + J J December 17, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Mark Selland 4017 Williams Ave N Renton, WA 98056 SUBJECT: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Selland -Thorpe Residential Joint Use Pier, LUA15-000489, ECF, SM Dear Mr. Selland: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non -Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report, for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January 4, 2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. If you have any further questions, please call me at (425) 430-6593. For the Environmental Review Committee, ?epi -r SV040u�� Kris Sorensen Associate Planner Enclosure cc: James Thorpe / Owner(s) Renton City Hall - 1055 South Grady Way • Renton, Washington 98057 • rentonwa,gov Denis Law CitY Of Mayor � rr r r, e -00 December 17, 2015 Community & Economic Development Department C.E."Chip"Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on December 14, 2015: SEPA DETERMINATION: Determination of Non -Significance Mitigated (DNSM) PROJECT NAME: Selland -Thorpe Residential Joint Use Pier PROJECT NUMBER: LUA15-0004$9, ECF, SM Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January 4, 2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, A�-.f sftov��� Kris Sorensen Associate Planner Enclosure cc: King County Wastewater Treatment Division Ramin Pazooki, W5DOT, NW Region Boyd Powers, Department of Natural Resources Larry Fisher, WDFW Karen Walter, Fisheries, Muckleshoot Indian Tribe Duwamish Tribal Office Melissa Calvert, Muckleshoot Cultural Resources Program U5 Army Corp. of Engineers Gretchen Kaehler, Office of Archaeology & Historic Preservation Renton City Hall . 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gov City of DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT �, r ENVIRONMENTAL (SEPA) DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) PROJECT NUMBER: LUA15-000489, ECF, SM APPLICANT: Mark Selland PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. Thirty-one native shrubs would be planted along the shoreline. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees as mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report and Addendum. PROJECT LOCATION: 4017 & 4023 Williams Ave N LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January 4, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: December 18, 2015 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE OF DECISION: SIGNATURES: Gregg Zimmerman, Administrator Public Works Department 11t-- Terry Higashiyama, Administrator Community Services Department DECEMBER 14, 2015 Date D City of � on "r%W , / -�Od Marqpe'fer-sonj Administrator Fire & Emergency Services 1,711 /5 Date t a[iLf- C.E. "Chip" Vincent, Administrator Date Department of Community & Date Economic Development DEPARTMENT OF C( AUNITY CI'Y °1 AND ECONOMIC DEVELOPMENT ------�Renton ,. DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: LUA15-0004$9, ECF, SM APPLICANT: Mark Selland PROJECT NAME: Selland -Thorpe Residential Joint Use Pier PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) at 401.7 and 4023 Williams Ave N. The total area of the site is 11,205 square feet within the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge - mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. An existing shared concrete stair walkway provides access from the homes to the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees. Dead plants in the vegetated shoreline would be replaced. The applicant submitted a Biological Evaluation/Lake and Stream Study/Habitat Data Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N LEAD AGENCY: The City of Renton Department of Community & Economic Development Planning Division MITIGATION MEASURES: 1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report and Addendum, prepared by Marine Surveys and Assessments, dated June 8, 2015 and June 30, 2015, including but not limited to the "Construction Sequence" subsection on page 5. 2. The applicant shall provide a revised planting plan that includes either Oregon Ash, Shore Pine, or Sitka Willow tree species and identifies the locations of the replacement plants to the Current Planning Manager, for review and approval, prior to issuance of the Shoreline Substantial Development Permit. 3. Prior to any construction activities, a silt containment curtain shall be installed around the project area to minimize impacts from disturbed sediments which may occur during pile driving activities. This silt curtain shall remain in place until construction activities are completed. Any construction debris which enters Lake Washington waters shall be immediately retrieved and placed on the construction barge. 4. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and the Washington Department of Fish and Wildlife and the Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the Washington Department of Fish and Wildlife. 5. Construction shall take place only during the Washington Department of Fish and Wildlife approved in -water work periods (fish window) currently established as July 16 through December 31. 6. The dock lights shall have an amber hue. The proposed lighting and amber hue shall be included with the building permit application for the subject project, for review and approval by the Current Planning Project Manager. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Engineering Review Comments Contact: Vicki Grover 1425-430-7291 vgrover@rentonwa.gov • A lighting study needs to be conducted. • The proposed lighting needs to be amber hued and shrouded. • Is there a proposal to remove the existing dock? • Include dock grate details and material specs. • Project narrative does not match the plans. • The plans do not match the SEPA. PLAN - Planning Review - Land Use Version 2 1 December 10, 2015 Planning Review Comments Contact: Kris Sorensen 1425-430-6593 ksorensen@rentonwa.gov Recommendations: 1. RMC Section 4 4 030.0.2 limits haul hours between 8:30am to 3:30pm, 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 7:OOam and 8:00pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00am and 8:00pm. No work shall be permitted on Sundays. ERC Mitigation Measures and Advisory Notes Page 2 of 2 enton¢MTOI� A OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE - MITIGATED (DNS -M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Selland -Thorpe Residential Joint Use Pier PROJECT NUMBER: LUA15-000489, ECF, SM LOCATION: 4017 & 4023 Williams Ave N DESCRIPTION: THE APPLICANT IS REQUESTING ENVIRONMENTAL (SEPA) REVIEW AND APPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF AN 80 - FOOT LONG JOINT USE PIER AND TWO FREE-STANDING BOAT LIFTS IN ASSOCIATION WITH TWO SINGLE- FAMILY HOMES ON THE SHORE OF LAKE WASHINGTON, A SHORELINE OF STATEWIDE SIGNIFICANCE. THE PROPOSED PROJECT SITE ENCOMPASSES TWO LOTS (5,634 AND 5,571 SQUARE FEET) AT 4017 AND 4423 WILLIAMS AVE N. THE TOTAL AREA OF THE SITE IS 11,205 SQUARE FEET WITHIN THE R-10 ZONE. CONSTRUCTION MATERIALS WOULD BE TRANSPORTED TO THE SITE BY BARGE. EIGHT STEEL PILES ARE PROPOSED TO BE INSTALLED BY A BARGE -MOUNTED VIBRATORY PILE DRIVER. THE PIER WOULD HAVE FULLY GRATED THRUFLOW DECKING, FOUR DOCK LIGHTS CONNECTED TO 4017 WILLIAMS AVE N, AND A DOCK LADDER AT THE WATERWARD END. THE SHORELINE IS ARMORED WITH A CONCRETE AND STEEL BULKHEAD. THE LANDWARD SECTION OF THE PIER WOULD BE SUPPORTED BY THE EXISTING BULKHEAD. AN EXISTING SHARED CONCRETE STAIR WALKWAY PROVIDES ACCESS FROM THE HOMES TO THE SHORELINE. TWENTY NATIVE SHRUBS WILL BE ADDED ALONG THE BULKHEAD SHORELINE IN ADDITION TO FOUR TREES. DEAD PLANTS IN THE VEGETATED SHORELINE WOULD BE REPLACED. THE APPLICANT SUBMITTED A BIOLOGICAL EVALUATION/LAKE AND STREAM STUDY/HABITAT DATA REPORT. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January 4, 2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, 1425) 430-6510, IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. Department of Community and €° City Economic Developme t� NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non -Significance Mitigated (DNS -M) for the following project under the authority of the Renton municipal code. Selland -Thorpe Residential Joint Use Pier LUA15-000489 Location; 4017 Williams Ave N. Application for SEPA Review and approval of a Shoreline Substantial Development Permit for the construction of a joint use pier anc two free-standing boat lifts in association with two homes at 4023 and 4017 Williams Ave N in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. Shrubs and trees would provide mitigation. Appeals of the DNS -M must be filed in writing on or before 5:00 p.m. on January 04, 2016. Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, 1055 S Grady Way, Renton, WA 98057. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's office, 425-430-6510. Publication Date: December 18, 2015 DEPARTMENT OF COMMUNI i Y r" ���C��` of -- .b AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE. December 14, 2015 Project Name: Selland -Thorpe Residential Joint Use Pier Project Number: LUA15-000489, ECF, SM Project Manager., Kris Sorensen, Associate Planner Owner: Mark Selland; 4017 Williams Ave N; Renton WA 98056 James Thorpe; 4023 Williams Ave N; Renton WA 98056 Applicant/Contact: Mark Selland; 4017 Williams Ave N; Renton WA 98056 Project Location: 4017 & 4023 Williams Ave N Project Summary: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of take Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) at 4017 and 4023 Williams Ave N. The total area of the site is 11,205 square feet within the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. An existing shared concrete stair walkway provides access from the homes to the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees. Dead plants in the vegetated shoreline would be replaced. The applicant submitted a Biological Evaluation/Lake and Stream Study/Habitat Data Report. Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): N/A Proposed New Bldg. Area (gross): N/A Site Area: 4017 Williams: 5,623 sf 4023 Williams: 5,571 sf Total Building Area GSF: N/A STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non -Significance - Mitigated (DNS -M). Project Location Map City of Renton Deportment of Community & " imic Development ivironmentol Review Committee Report SELLAND-THORFE RESIDENTIAL JOINT USE, LUAIS-000489, ECF, SM Report of December 14, 2015 Page 2 of 9 PART ONE: PROJECT DESCRIPTION/ BACKGROUND The project site is located on the eastern shore of Lake Washington in the Barbee Mill residential subdivision and north of the mouth of May Creek. Lake Washington is designated as a Shoreline of Statewide Significance and May Creek is regulated shoreline. Both are regulated by the City of Renton Shoreline Master Program. The proposed pier location is outside of the May Creek shoreline regulated area but is located within Lake Washington shoreline jurisdiction (Exhibit 17). The Lake Washington shoreline at the site is classified as a "High Intensity Overlay District." Shared boat moorage, boat lifts, and mooring piles are outright allowed in the area. The proposed dock would be a shared joint use pier for two single family residential properties within the Barbee Mill residential subdivision, within the R-10 zone (Exhibit 16). The applicant proposes a shared dock between two properties because individual properties are not allowed to have individual docks in this area of the Barbee Mill subdivision, as a condition of the Barbee Mill subdivision approval. The shared pier would be located on the shared common property line between 4017 and 4023 Williams Ave N. The proposed project encompasses the construction of a 400 square foot, 80 -foot long, 4 to 6 feet wide pier, and installation of two free-standing, pre -manufactured, marine grade aluminum boat lifts (Exhibits 2-5). From land, the pier width is 4 feet wide and increases to 6 feet in width for the final 40 feet of length. The dock decking would be fully grated. A dock ladder would be located at the end of the pier. Lighting would be placed along the edge of the dock through electrical conduit running below the decking and electricity connected to 4017 Williams Ave N. The pier would be accessed by users through the existing shared concrete walkway that connects to the rear yard of the two homes. The pier construction would be accomplished by driving steel piles using a barge -mounted vibratory pile. Two 4 -inch diameter steel piles, two 8 -inch diameter steel piles, and four 10 -inch diameter steel piles would be driven by the vibratory pile driving system to support the pier (Exhibit 3). The landward section of the pier would be supported by the existing concrete bulkhead. The uplands portion of the site would receive additional plantings consisting of twenty native shrubs and four Pacific Dogwood trees located along the shoreline as mitigation plantings (Exhibit 6). The new planting plan has received approval from the Barbee Mill Community Association (Exhibit 11). Replacement of dead plants in the existing vegetated buffer is proposed (Exhibit 18). The proposed free-standing boatlifts would be set approximately 52 to 60 feet from the shoreline on the waterward side of the Inner Harbor Line. The boat lifts would not be covered. Each boat lift has an area of approximately 10 feet in width by 12 feet in length. Each lift structure would sit on the bottom substrate of the lake on four 1 -foot by 1 -foot pads. At the deepest point of the lifts, they would be approximately 16 feet below the waterline (Exhibit 4). The boats parked on the lift would extend above the pier decking and may incrementally block some views from the uplands towards the lake. All project construction materials would be stored on a barge brought to the site. The date of construction would depend on when the necessary government approvals are issued. Construction of the pier and installation of the boat lifts would take approximately two weeks to complete once work has commenced. The in -water work window within Lake Washington at the subject location is open from July 16 to City of Renton Department of Community & omic Development )vironmental Review Committee Report SELL4ND-THORPE RESIDENTIAL JOINT USE LUA15-000489, ECF, SM Report of December 14, 2015 Page 3 of 9 December 31. The work is proposed to be completed in late 2015 or July 2016. The boat lifts are pre - assembled off-site and set in the lake by crane from the construction barge following pier construction. The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, prepared by Marine Surveys & Assessments, dated June 8, 2015 and June 30, 2015 has determined that a no -net - loss of ecological function would result from the project's impacts with their recommended mitigation measures for construction and with newly added plantings along the shoreline (Exhibits S and 9). Comments were provided by the Muckleshoot Indian Tribe Fisheries Division (Exhibits 10 and 13). No comments were received from the general public. The Muckleshoot Indian Tribe Fisheries Division provided multiple comments, initially for review of the proposal and secondarily following changes by the applicant as requested by the Muckleshoot Indian Tribe Fisheries Division. The initial comments dated July 21, 2015 identified a need for mitigation plantings to overhang the bulkhead. The comments were also directed at the submitted biological evaluation, that the study should consider cumulative impacts of all piers and docks in the Barbee Mill development, that current research by Dr. Roger Tabor from U.S. Fish and Wildlife Service be included in the study, and how the existing substrate near the shoreline is favorable habitat for fish. Following receipt of the Muckleshoot July comments, the project was put on hold pending additional information needed to provide response to the Muckleshoot comments. The applicant submitted additional information in a packet dated October 2, 2015 that included a revised planting plan, monitoring reports of the existing shoreline plantings for each residence, and a correction/addendum to the Biological Evaluation (Exhibit 7). City staff also provided the Tribe's Fisheries Division additional information regarding portions of the Barbee Mill Environmental Impact Statement for docks (Exhibit 11). On November 12, 2015, the Muckleshoot provided response to the additional information provided to them by staff and the applicant. They request a key decision document as part of the Barbee Mill subdivision environmental review for their records. Recommendations were also provided, for the type of trees and shrubs to be planted and that the substrate should be enhanced to improve fish habitat (Exhibit 9). Review and approval by the Environmental Review Committee is required prior to issuance of a City Shoreline Substantial Development Permit and building permits. The applicant has applied for a building permit but cannot receive approvals until required city and state appeal periods are finalized and no appeals of decisions are submitted. Beyond City of Renton approvals, the applicant would need to receive additional state and federal approvals, including Hydraulic Permit Approval (HPA) from state Department of Fish and Wildlife and federal Army Corps of Engineers approval. =PARTTWO: ENVIRONMENTAL_ REVIEW In compliance with RCW 43.210.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS -M with a 14 -day Appeal Period. ERC Report LUA15-000489 Selland Residential Joint Use Pier City of Renton Department of Community & —nomic Development Environmental Review Committee Report SELLAND-THORPE RESIDENTIAL JOINT USE PIER LUA15-000489, ECF, SM Report of December 14, 2015 Page 4 of 9 B. Mitigation Measures 1. The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report and Addendum, prepared by Marine Surveys and Assessments, dated June 8, 2015 and June 30, 2015, including but not limited to the "Construction Sequence" subsection on page 5. 2. The applicant shall provide a revised planting plan that includes either Oregon Ash, Shore Pine, or Sitka Willow tree species and identifies the locations of the replacement plants to the Current Planning Manager, for review and approval, prior to issuance of the Shoreline Substantial Development Permit. 3. Prior to any construction activities, a silt containment curtain shall be installed around the project area to minimize impacts from disturbed sediments which may occur during pile driving activities. This silt curtain shall remain in place until construction activities are completed. Any construction debris which enters Lake Washington waters shall be immediately retrieved and placed on the construction barge. 4. If at anytime, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and the Washington Department of Fish and Wildlife and the Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the Washington Department of Fish and Wildlife. S. Construction shall take place only during the Washington Department of Fish and Wildlife approved in -water work periods (fish window) currently established as July 16 through December 31. 6. The dock lights shall have an amber hue. The proposed lighting and amber hue shall be included with the building permit application for the subject project, for review and approval by the Current Planning Project Manager. C. Exhibits Exhibit 1 Environmental Review Committee Report Exhibit 2 Site Plan, Sheet 2 of 7, dated 9/29/2015 Exhibit 3 Plan View, Sheet 3 of 7, dated 9/29/2015 Exhibit 4 Elevation View, Sheet 4 of 7, dated 9/29/2015 Exhibit 5 Pier Section, Sheet 5 of 7, dated 9/29/2015 Exhibit 6 Planting Plan, Sheets 6 and 7 of 7, dated 9/29/2015 Exhibit 7 Project Narrative Exhibit 8 Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by Marine Surveys and Assessments, dated 6/8/15 Exhibit 9 Addendum and No -Net Loss Statement of Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by Marine Surveys and Assessments, dated 6/30/15 Exhibit 10 Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe Fisheries Division) dated 7/21/2015 Exhibit 11 Applicant Response, dated 10/2/2015 FRC Report LUA15-000489 Selland Residential joint Use Pier City of Renton Department of Community & _,_omic Development Environmental Review Committee Report SELLAND-THORPE RESIDENTIAL JOINT USE PIER LUA1S-000489, ECF, SM Report of December 14, 2015 Page 5 of 9 Exhibit 12 City staff Email to Muckleshoot Indian Tribe Fisheries Division, dated 10/29/2015 Exhibit 13 Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe Fisheries Division) dated 11/12/15 Exhibit 14 Environmental Checklist Exhibit 15 Construction Mitigation Description Exhibit 15 Zoning and Neighborhood Map Exhibit 17 Regulated Shoreline Map Exhibit 18 Evaluation of Existing Shoreline Buffer Plantings for 4017 & 4023 Williams Ave N Exhibit 19 Advisory Notes — Staff Review Comments D. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The proposed project does not require any fill or excavation of soils. The pier would be constructed using barge mounted equipment and the boat lifts would be pre -assembled and lowered into the water with a barge -mounted crane. New native plantings will be installed along the shoreline and are described in further detail below in the Vegetation subsection of this report. New pilings would be driven into the lakebed and the footpads of the free-standing boat lifts would be located on the lakebed. The Muckleshoot provided comments that the existing substrate under the water is cobble and should be enhanced with smaller gravel sized rock to improve fish habitat (Exhibit 13). Staff would support such an enhancement to the site if the applicant moves forward with the recommendation. The addition of new materials to the substrate, if proposed, should be identified to the other governmental reviewing agencies and may require review and approval by WDFW and the Army Corps of Engineers. Mitigation Measures: No mitigation measures are recommended. Nexus: N/A 2. Water a. Wetland, Streams, Lakes Impacts: The project is proposed to occur in Lake Washington, beginning inside of the designated Inner Harbor and extending waterward outside of the Inner Harbor line as the 80 foot long pier extends into the Lake from the shore (Exhibits 2-5). The shoreline designation for Lake Washington at this location is "High intensity Overlay District" (RMC 4-3-090G). Lake Washington is a Shoreline of Statewide Significance and is included as a Shoreline of the State. As a Class 1 lake, it is a perennial salmonid -bearing body of water. May Creek is a City regulated shoreline and is located to the east of the proposed project (Exhibit 17). However, the proposal would not impact May Creek. ERCReport LUA15-000489 Sellond Residential Joint Use Pier City of Renton Department of Community & _,.,,nomic Development SELLAND-THORPE RESIDENTIAL JOINT USE PIER Report of december 14, 2015 Environmental Review Committee Report LUAIS-000489, ECF, SM Page 6 of 9 The applicant submitted a joint Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 8), dated June 8, 2015, prepared by Marine Surveys & Assessments. An Addendum to the evaluation was subsequently provided, by the same authors, dated June 30, 2015 (Exhibit 9). These documents conform to the requirements for Biological Evaluation/Lake and Stream Study/Habitat Data Report per RMC 4-8-120D. The biological report provides a no net loss statement and determination of effects for endangered species. The study and addendum state that all measures have been taken to avoid and minimize potential impacts from the proposed project (Exhibit 9). Further, the biological evaluation states that no net loss of ecological function will result from this project based on six measures including planting of new vegetation, design of the pier, and construction sequencing. There is a potential for sediments to be dispersed within the lake as the dock is constructed and could potentially affect water quality of the lake. The applicant provided a Construction Mitigation Description for the proposal (Exhibit 15) and a recommended Construction Sequence in the Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibits 8 and 9). The Construction Sequence states that the barge brought to the site would be moored to prevent grounding on the lake bottom at any time during construction. Additionally, a silt curtain would be installed to contain any debris that may fall into lake waters. The construction sequence also states that in the event that any construction debris enters lake waters, it will be retrieved and immediately placed on the construction barge. Staff recommends that the applicant be required to follow the recommendations of the Construction Sequence, as described and listed in the Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibits 8 and 9) as specified in the Mitigation Measure below. Mitigation Measures: Prior to any construction activities, the barge shall be moored and a silt containment curtain shall be installed around the project work. This silt curtain shall remain in place until construction activities are completed. Any construction debris which enters Lake Washington shall be immediately retrieved and placed on the construction barge. Nexus: SEPA Environmental Regulations and Shoreline Master Program. 3. Vegetation Impacts: Vegetation along the shoreline would be added. The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report provides background of the redevelopment of the Barbee Mill community (Exhibit 8). Upland restoration of the overall Barbee Mill site involved removal of fill soils behind the bulkhead, along with asphalt, a pier, wooden bulkhead and pilings associated with the previous industrial mill operation. Extensive shoreline restoration was completed although the subject properties are located south of the extensive remediation that occurred. As part of site redevelopment, a vegetated buffer along the shoreline of approximately 35 feet in depth was planted along the Lake Washington shoreline of the Barbee Mill subdivision, including on the subject properties (Exhibit 8). The applicant proposes to add more vegetation along the shoreline where native plantings have previously been installed (Exhibit 6). The applicant also proposes replacement of dead plants that were installed within the 35 -foot planted buffer (Exhibit 18). The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 8) states that existing planted riparian vegetation and added project plantings would assist in restoring the ecological function of Lake Washington. The Biological Evaluation/Lake and Stream Study/Habitat Data Report states that the vegetation that ERC Report LUA15-000489 Selland Residential Joint Use Pier City of Renton Department of Community & —nomic Development Environmental Review Committee Report SELLAND-THORPE RESIDENTIAL JOINT USE PIER LUA15-000489, ECF, SM Report of December 14, 2015 Page 7 of 9 has been planted and the plants to be added through this proposal would add significant organic matter to the lake substrate in the form of leaves and woody debris that fall and wash into the lake and assist in restoring the ecological function of Lake Washington. The Report also states this vegetation would add to additional sources of food, shelter, and shade for aquatic invertebrates and fish and also provide food and shelter for terrestrial insects which in turn provides additional food sources for birds and animals that feed upon them. Further, the biological evaluation states that the addition of riparian vegetation as proposed to the former near -barren site should also help water quality by filtering pollutants, removing nutrients and reducing sediments in any runoff from the adjacent upland development. The study also states that the increased overhanging vegetation should facilitate the migration of juvenile salmon. The Addendum to the biological evaluation states that with the proposed plantings, the project provides for no net loss of ecological function (Exhibit 9). The Muckleshoot second round of responses to the applicant's revised planting plan and evaluation of the vegetated shoreline buffer provided comment on the type of trees to be planted as part of mitigation (Exhibits 10 and 13). The Muckleshoot have requested that the original list of tree species from the Barbee Mill environmental review be the type of trees planted rather than the proposed Dogwood species. The list of mentioned plants in the environmental review completed for the subdivision included Oregon Ash, Shore Pine, or Sitka Willow. For vegetation in general, the preference by the Muckleshoot are native willow species conducive to the soil type instead of the proposed lower growing shrubs. Staff recommends a mitigation measure that the proposed Dogwood trees be replaced with Oregon Ash, Shore Pine, or Sitka Willow trees species. The Muckleshoot also asked that the existing vegetated buffer on both properties be evaluated for dead or dying plants. The applicant provided an evaluation of the plantings for both properties based on the original planting plan (Exhibit 18). The evaluation of the existing vegetated buffer recommends plantings for both properties. One Serviceberry would be planted for the Thorpe 4023 Williams Ave N property. Five Oregon Grape and two Red -flowering Currants would be planted for the Selland 4017 Williams Ave N property. Based on the need to replace dead or dying plants in the shoreline vegetated buffer area on both properties, staff recommends a mitigation measure that the identified dead or missing plants for both 4023 and 4017 Williams Ave N be installed when the proposed mitigation plantings are added along the bulkhead. Mitigation Measure: The applicant shall provide a revised planting plan that includes either Oregon Ash, Shore Pine, or Sitka Willow tree species and identifies the locations of the replacement plants to the Current Planning Manager, for review and approval, prior to issuance of the Shoreline Substantial Development Permit. Nexus: SEPA Environmental Regulations and Shoreline Master Program 4. Wildlife Impacts: Wildlife and critical habitat are located near and around the subject site including fish that are considered endangered species. The submitted Biological Evaluation/Lake and Stream/Habitat Study evaluate the habitat, species, and potential impacts from the proposed shared residential pier (Exhibit 8 and 9). The study provides detailed information about Puget Sound Chinook, Bull Trout, Puget Sound Steelhead, and Marbled Murrelet marine birds. The study states that it is unlikely that murrelets would be present in the project vicinity. The potential direct impacts caused by the construction evaluated the increased noise and turbidity from pile driving. The potential indirect effects evaluated included the alteration of juvenile salmon migratory pathways for ERC Report LUA15-000489 Selland Residential Joint Use Pier City of Renton Deportment of Community & .—nomic Development Environmental Review Committee Report SELLA NO-THORPE RESIDENTIAL JOINT USE PIER LUA15-000489, ECF, SM Report of December 14, 2015 Page 8 of 9 freshwater and marine waters, an increase in salmonid predation and reduction in prey resources and refuge due to shading of the substrate by the pier and boat lifts. The Muckleshoot comments to the project asked that studies by Roger Tabor be included in the evaluation. The applicant's Biological Evaluation/Lake and Stream/Habitat Study references multiple studies by Roger Tabor and other scientists who have been researching salmon and fish species in the Lake Washington area (Exhibit 8). The marine biologist that authored the submitted Biological Evaluation/Lake and Stream/Habitat Study states that it is likely that "no take" would result from the subject project. The Biological Evaluation/Lake and Stream Study/Habitat Data Report species evaluation states that the Puget Sound Chinook, Bull Trout, and Puget Sound Steelhead the project would result in a determination of "May affect, not likely to adversely affect" and the Marbled Murrelet a determination of "No effect" (Exhibit 8) was made. The study further evaluated the pile driving noise and turbidity of installing the piles on the fish and states that in -water construction should be limited to between July 16 and December 31, WDFW's approved construction window. The Washington Department of Fish and Wildlife has established a construction window for this portion of Lake Washington. Staff recommends that the applicant be required to adhere to this established in -water construction window. Construction shall take place only during the Department of Fish and Wildlife approved in -water construction window from July 16 through December 31, unless approved otherwise in the required HRA. Staff recommends a mitigation measure that the applicant shall follow the recommendations of the Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, dated June 8, 2015 and June 30, 2015, prepared by Marine Surveys & Assessments. The proposed dock construction sequencing and mitigation proposed by the applicant would include the installation of a silt curtain. The silt curtain should minimize impacts to fish species as a result of construction activities associated with the proposed project. Staff recommends a mitigation measure that if at anytime, as result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the Washington Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the WDFW. In addition, recently planted riparian vegetation and additional plantings in conjunction with the proposed project would benefit fish and other species by assisting in restoration of the ecological function of Lake Washington. Plants proposed would be installed from the back of the existing bulkhead upland and would include the plants described in the Vegetation section above. Mitigation Measures: 1. Construction shall take place only during the Department of Fish and Wildlife approved in - water construction window from July 16 through December 31, unless approved otherwise in the required HPA. 2. The applicant shall follow the recommendations of the Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, dated June 8, 2015 and June 30, 2015, prepared by Marine Surveys & Assessments. 3. If at anytime, as result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the FRC ReportLUA15-000489 Selland Residential Joint Use pier City of Renton Department of Community & -L„nomie Development Environmental Review Committee Report SELLAND-TNDRPE RESIDENTIAL JOINT USE PIER LUA15-000489, ECF, SM Report of December 14, 2015 Page 9 of 9 Washington Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the WDFW. Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program 5. Light and Glare Impacts: Proposed dock lighting is identified on the submitted site plan (Exhibit 3) on the top of the pier. Two lights are proposed on either side of the dock. The site plan states that the lights are typical dock lights and would be connected to electrical lines connected to the residence at 4017 Williams Ave N. The submitted Environmental Checklist, subsection 11. Light and Glare, states that "no glare and no safety hazard or interference would be created through the dock lights" (Exhibit 14). Based on previous projects over the water with lighting, staff recommends as a mitigation measure that the lighting hue be an amber hue as no color or hue has been identified with the proposal. The amber hue would reduce potential light and glare impacts to the surrounding properties, sky, and water, and fish habitat and behavior. Mitigation Measure: The dock lights shall have an amber hue. The proposed lighting and amber hue shall be included with the building permit application for the subject project, for review and approval by the Current Planning Project Manager. Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program E. Comments of Reviewing Departments The proposal has been circulated to City Departments and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant" (Exhibit 19). The applicant is required to submit a Shoreline Substantial Development Permit that will also be reviewed by staff in the future. ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on January 8, 2016. RMC 4-5-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall — 7th Floor, (425) 430-6510. ERC Report LUAIS-000459 Sellond Residential Joint Use Pier EXHIBIT 2 PLEASE NOTE THAT THE SHORELINr- CONFIGURATION AND PROPERTY LINE EXISTING;., LOCATIONS ARE APPROXIMATE ONLY. ADJACENT _ PROPERTY LINES ARE BASED ON SURVEY PIERS REC. NO. 200$0208000182. %\ � PROPOSED PIER W! TWO BOAT LIFTS_ ADJACENT PIER NOT YET--��� CONSTRUCTED` LAKE WASHINGTON OHWM 21.85' SITE PLAN. SCALE 1" = 60'-0" 90 FT M - � 60,E ; 10 \ 6,OHWM o 21.85' "IN, \ �'IC 2�s G • \ �,� y' P� 21.85' MAY CREEK THE LAKE HOUSES AT EAGLE CO 4001 WELLS AVE N i1 EXISTING----- ADJACENT XISTING-- -ADJACENT PIER Reference: Applicant: Mark Selland & NJames Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of 7 Date' 9129/2015 EXHIBI 3 10" 0 STEEL - PILE SET 10" 0 STEEL PILE SET PROPOSED--'` A BOAT LIFTS Ilk THRUFLOW GRATED DECKING DOCK LIGHT, TYP. (4 TOTAL) ELECTRICAL LINE TO BE RUN FROM RESIDENCE AT 4017 WILLIAMS AVE. N. 4" 0 STEEL PILES FOR FIRST SET ELECTRICAL CONDUIT 0 20 FT PLAN VIEW, SCALE 1" = 10'-0" -- DOCK LADDER - I _ W -- as -- —8" 0 STEEL -- PILE SET �- o -- o - - T -- N 4'-0" .4 Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 3 of 7 Date: 9/29/2015 EXHIBIT 4 PROPOSED PI PROPOSED BOAT LIFT OHW 21.8 M 56' EXISTING STEEL & CONCRETE BULKHEAD TO REMAIN -4'------- --Im----- -------------- -8' —— --- — --- ----- ----- ------- 71 \—APPROX. LOCATION OF LAKEBED ELEVATION VIEW SCALE 1" = 20'-0" 0 30 FT Reference: Applicant; Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 4 of 7 Date: 9/2912015 EXHIBIT 5 PIER SECTION A -A SCALE 112" = T-0" RUFLOW ,ATED CKING 10 CEDAR CIA x11.5 ,LV. STEEL IANNEL S 3x8x3l8" GALV. STEEL RECTANGLE Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 5 of 7 Date, 9/29/2015 PROPOSEI AND BOAT PROP, PD 4 PACIFIC DOGWOOD (TREE) ® 8 NOOTKA ROSE (SHRUB) EXHIBIT 6 S RED -FLOWERING CURRANT (SHRUB) DO 4 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1" = 20'-0" NOTE: EXISTING PLANTINGS ARE SHOWN IN GRAY N Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of 7 Date: 9/29/2015 EXISTING PLANT LEGEND (D AMELANCHIER ALNIFOLIA 1 SERVICEBERRY Q CORNUS STOLONIFERA/ RED TWIG DOGWOOD MAHONIA AQUIFOLIUM 1 TALL OREGON GRAPE Q MAHONIA NERVOSA 1 LOW OREGON GRAPE 9 RIBES SANGUINEUM 1 RED FLOWERING CURRANT SYPHORICARPOS ALBUS 1 SNOWBERRY VACCINUM OVATUM 1 EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS 'J_JJJ ALLIUM CERNUUM / NODDING ONION 0 ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK FRAGARIA CHILOENSI$1 BEACH STRAWBERRY GAULTHERIA SHALLON / SALAL Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 9/29/2015 EXHIBIT Proiect Narrative Selland/Thorp Pier The proposed project is to instal l a new joint use pier with two boat lifts for the properties located at 4017 and 4023 Williams Avenue North in Renton Washington. A shoreline substantial development permit and environmental review are required from the City of Renton. The project site and adjacent properties are zoned as Residential I Odu/ac (R-10). The project site is on the shoreline of Lake Washington and is approximately 190' from May Creek. The shoreline is armored with a concrete and steel bulkhead. Mark Selland is the owner of the property at 4017 Williams Avenue North. James Thorp is the owner of the property at 4023 Williams Avenue North. Both properties are single family residential lots that have existing single family houses. The proposed pier will be 400 square feet in area and will be fully grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that extends out to 80' from the 4HWM. Two 4" diameter steel piles, four 8" diameter steel piles, and two 10" diameter steel piles will be driven by a barge -mounted vibratory pile driving system to support the pier. The landward section of the pier will be supported by the existing concrete bulkhead. Two free standing boat lifts will be installed at the pier. A dock ladder will be installed at the end of the pier. The estimated fair market value of the project is $100,000. Per Renton Municipal Code section 4-6-030 E. 1. a. a drainage control plan is not necessary because the area of the. pier is 400 square feet which is less than the 2,000 square foot threshold. There is an existing concrete stair walkway that ends where the pier will connect to land. Nine native shrubs and two Shore Pine trees will be planted along the shoreline. EXHIBIT 8 Selland Pier Project Biological Evaluation/Lake and Stream Study =1 X110 -(/I,, 19 June 8, 20, db�� (QOC4, �O SIN For: I? Mark Selland 4017' Williams Ave. N. 9'[�ONV Renton, WA 9805€ 5 � 7 ate. T MARINE SURVEYS &. ASSESSMENTS 521 Snagstead Way Port Townsend WA 98368 (360) 385.4073 mari ne.surveys.inc@gmail.com (360) 385-4073 rnarine.surveys.m /Oan-tail cCom EXHIBIT 9 521 Snagstead Way Po»t Townsend WA 98363 ADDENDUM to Biological Evaluation/Lake and Stream Study Report Dated June 8th, 2015 June 30'', 2015 For: Selland Pier, Ramp, and Float Project 4017 Williams Ave. N. Renton, WA 98056 Na -Net -Loss Statement In order to protect the ecosystem in the area of the proposed pier, ramp, and float, a number of conservation measures are proposed (Section E in original report). For this project the conservation measures are as follows 1. The first 40' of the fully grated pier will only be 4 -feet wide. 2. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minimize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. Piles will be driven using a vibratory pile driver to practical refusal. S. Construction will take place during authorized in water work windows designed to protect listed species and/or critical habitat (July 16 — Dec. 31). 6. Two trees and nine shrubs will be planted in addition to the existing native plants seen in Figures 6 and 7 of the original report. As stated in the original report the determination of effects for ESA species in the area are provided below: 1. Puget Sound Chinook — "May affect, not likely to adversely affect" 2. Bull Trout — "May affect, not likely to adversely affect" 3. Puget Sound Steelhead — "May affect, not likely to adversely affect" 4. Marbled Murrelet — "No effect" All measures have been taken to avoid and minimize potential impacts resulting from the proposed project. In consideration of the unlikely impact to ESA species as well as the proposed conservation measures suggested above to protect and enhance the habitat, we determine that no -net -loss of ecological function will result from this project's unavoidable impacts due to its' water dependent use. Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us if you have any questions or comments. Sincerely, Nam Siu ;L-larine Biologist and Project Manager i1`11Erine `surveVs & Assessments ;� Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Kris Sorensen [mai Ito: KSore nsen @Rentonwa.gov] Sent: Tuesday, July 21, 2015 7:42 AM To: Karen Walter; Sabrina Mirante Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Karen — I rescanned the checklist which all gages, sorry about the odd scan. I have resent all the same attachments with the one attachment change for the Enviromental Checklist. Thank you for reviewing. Kris Sorensen, Associate Planner, Plonning Division, Community & Economic Development, City of Denton, 425-4:30-6593 From: Karen Walter [mailto:KWalterCa]muckleshoot.nsn.usl Sent: Monday, July 20, 2015 5:50 PM To: Sabrina Mirante Cc: Kris Sorensen Subject: RE: Notice of Application - Selland Joint Use Dock LUA15-000489, ECF, 5M Hi Sabrina, We are reviewing the NOA/ODNS-M for the Selland dock project referenced above. It looks like the checklist is incomplete and only the odd pages were copied. Can we get a copy of the complete checklist electronically? Thank you, Karen Walter Watersheds and Land Use Team Leader Muckteshoot Indian Tribe Fisheries Division Habitat Program 39415 172nd Ave ,SE Auburn; WA 98092 253-876-3116 From: Sabrina Mirante [mai Ito: SMirante@Rentonwa.gov] Sent: Wednesday, July 08, 2015 4:25 PM To: DOE; DNR; Erin Slaten; Karen Waiter; Laura Murphy Cc: Kris Sorensen Subject: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) 2 October 2, 2015 EXHIBIT 11 Kris Sorensen, Associate Planner SEC"i",A` E CED Planning Division 4s 1055 S Grady Way Renton, WA 98057 CITY OF RENTON PLANNING aSVIS14N Re: "On Hold" Notice - Selland Joint Use Residential Pier / LUA15-000489, ECF, SM Dear Mr. Sorensen, The following is a line item response to information you requested in your letter dated July 30, 2015. The comments that we are responding to are listed in bold italics with our responses below in plain text. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook. Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and willprovide limited overhanging functions as a result. The shoreline planting plan shown on sheet b needs to be revised substantially with native trees and shrubs that will provide overhanging functions. The planting plan has been revised to include four pacific dogwoods and twenty shrubs total. The pacific dogwoods will be located adjacent to the ordinary high water mark where they will overhang the lake. The Biological Evaluation (BE) implies that the previous planting plan is providing functions to the shoreline (page 4); however, there is no information as to how theseplants are actually surviving and what functions they actually provide to the shoreline, particularly overhanging functions We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. Monitoring reports for the existing shoreline plantings have been included. More information is needed regarding how the existing substrate conditions provide `favorable habitat for winter rearing of salmon fry" (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and small gravel substrates and avoid larger cobbles Included is a letter from Marine Surveys and Assessments correcting page 5 of the BE. Theplantingplan will need to receive approval of the homeowners association to assure that the proposed and approved planting plan will be installers You may already be working on the request although the above comments from the Muckleshoot may require an update of the plan. A written approval from the association is necessary to review and approve the shoreline substantial development permit. Included is the approval of the planting plan from the homeowners association. I hope that all of the above items ..- e been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Mark Selland (360) 385-4073 marine.surveys.inc@gmail.com V, S (J Ss \Rs Sl � 267 Hudson Street Port Townsend WA 98368 Response to comment #4 in an email from Karen Walter (July 21, 2015) to Kris Sorensen, Associate Planner concerning the Selland Biological Evaluation dated June 8, 2015. From page 5 of the Selland Biological Evaluation dated June 8, 2015: The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject property should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. The above quote from page 5 should be revised to read as seen below: The restored sand and gravel substrate and gently sloping bottom in the remediation area to the north should provide favorable habitat for winter rearing of salmon fry. This new restored substrate to the north should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. However, as noted above, the remediation area did not encompass the subject's property and the existing cobble substrate at the subject's properly is not favorable substrate for chinook fry and larger juveniles. RECEIVED n 2 2015 CUY OF RENTON PLANNING DIVISION Mitigation Planting Monitoring Report for James Thorp 4023 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report: t 0/2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met_ During the third through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs Scientific Name / Common Name Original Number Remaining Number Amelanchier Alnifolia/ Serviceberry 1 0 Cornus Stolonifera / Red Twig Dogwood 3 3 Syphoricarpos Albus / Snowberry 5 5 Vaccinum Ovatum / Evergreen Huckleberry 3 3 One senriceberry will be replanted. RECEIVED OCT 12 2015 CITY OF RENTON PLANNING DIVISION e AAq—W �A1 Uk, LOT 4-T5 V. -M f- Ai--c-A Gw000 li:lzl-.Vj 3ERVICEBERRY (3) EVERGREEN HUCKLEBERRY 4 Mitigation Planting Monitoring Report for Mark Selland 4017 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report : 10/2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met. During the third through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs Scientific Name / Common Name Original Number Remaining Number Amelanchier Alnifolia/ Serviceberry 1 1 Cornus Stolonifera / Red Twig Dogwood 5 5 Mahonia Aquifolium /Tall Oregon Grape 3 3 Mahonia Nervosa / Low Oregon Grape 5 0 Ribes Sanguineum / Red -Flowering Currant 2 0 Five Low Oregon Grape and two Red -Flowering Currant will be replanted. RECEIVED OCT 12 2015 CITY OF RENTON PLANNING DIVISION \. MARk,,SELLAND LOT 46 (3) TALL OREGON GRAPE (1) SERVICEBERRY (2) RED -FLOWERING CURRANT (5) RED -TWIG DOGWOOD (5) LOW OREGON GRAPE l L"I 71� 14 Barbee Mill Community Organization c/o, Morris Management Inc. 1000 Station Drive, Suite 130 DuPont, WA 98327 58000046 046 October 01, 2015 NOTICE OF DECISION Mark Selland 4017 Williams Avenue N Renton WA 98056 RE: 4017 Williams Avenue N. Renton WA 98056 Dear Homeowner: Your Request for Architectural Change has been approved. Specifically, you have approval to proceed with the following: This request for the Selland/Thorp dock, boat houses and landscaping has been approved by the Barbee Mill ACC and the Board with the following stipulations; The dock: 1 Section 5.8.a to obtain all approvals on permits, with the City of Renton, and all other jurisdictions for waterfront building. 2 Section 5.8.b for compliance of a joint easement, to establish agreed upon rules for joint personal use, maintenance, and other uses are followed. 3 Section 5.8.c for size, shape, boat lift and other features to match as closely to the existing docks as possible. The landscaping: 1. The Shoreline exemption request must be approved and provided by the City of Renton 2. Any required permits are obtained from the City of Renton 3. The enclosed landscaping pian and planting diagrams are followed (using only those plantings from the recorded native growth area planting list) with the following exception; a. The plan for the 4 shore pines to be planted within close proximity to the adjacent property lines is not approved because of they are not appropriate for small lot, waterfront planting due to size of the trees when they mature. They need to be replaced with 4 `Pacific Dogwoods' [which provide --20 ft canopy) or trees of similar size from the recorded native growth area planting list). 4. Any changes to the rockery or stairway must meet safety, zoning and code standards of the City of Renton 5. HOA maintenance personnel (anytor all) continue to have access to the native growth areas per their contracts as necessary. We reserve the right to make a final inspection of your project to confirm it reflects the Request you submitted for Approval. Please follow the specifications you submitted or submit an additional Request form if you cannot follow the original plan. It is your responsibility to follow all building codes and setback requirements that apply to your project, including obtaining any required permits and related inspections. This approval is based on the aesthetics of your proposed project and should not be taken as any certification as to the construction worthiness or structural integrity of the change you propose. Be aware that you are responsible for contacting the appropriate Utility Companies before digging. We appreciate your cooperation in submitting this Request for Approval. Good luck with your project! Sincerely, Board of Direct= Barbee Mill Community Organization sely@morrismanagement.com W9015 Print Subject: FW: Selland/Thorp Pier nvC Approval Request From: Shirley Ely (SEiy@monlsmanagement.com) To: evan@eceodesigninc.com; mseliand@dmsolutions.com; thorpproperties@comcast.net; Date: Tuesday, September 29, 2015 10:46 AM Hello there Mr. Wehr, Mr. Selland and Mr. Thorp, I've been instructed by the Architectural Control Committee to relay their decision to you as follows: "Architectural Control Committee Final Recommendation: The dock: Both homeowners submitted their requests together; and there is an issue with the adjacent homeowner who is unwilling to sign because he wants the ACC and board to make the decision is a concern; however this particular homeowner has had several occasions to dispute this request and has not (to date). Therefore, the ACC recommends approval based on both homeowners complying with the following; 1 Section 5.8.a to obtain all approvals on permits, with the City of Renton, and all other jurisdictions for waterfront building. 2 Section 5.8.b for compliance of a joint easement, to establish agreed upon rales far joint personal use, maintenance, and other uses are followed. 3 Section 5.8.c for size, shape, boat lift and other features to match as closely to the existing docks as possible. The landscaping: This request indicates that the homeowners will, at their own expense (ex. 1), utilize the recorded and approved native plants listed for the shoreline native growth area of their property. A professional landscaping plan is attached. This request has been reviewed by the Landscape Committee chair to ensure the current irrigation system would and should be maintained and operational before and after the landscaping takes place. The ACC and Landscape Committee recommend approval of this request subject to following: 1. The Shoreline exemption request must be approved and provided by the City of Renton 2. Any required permits are obtained from the City of Renton 3. The enclosed landscaping plan and planting diagrams are followed (using only those plantings from the recorded native growth area planting list) with the following exception; a. The plan for the 4 shore pines to be planted within close proximity to the adjacent property lines is not approved because of they are not appropriate for small lot, waterfront planting due to size of the trees when they mature. They need to be replaced with 4 `Pacific Dogwoods' [which provide —20 ft canopy] or trees of similar size from the recorded native growth area planting list). 4. Any changes to the rockery or stairway must meet safety, zoning and code standards of the City of Renton 5. HOA maintenance personnel (any/or all) continue to have access to the native growth areas their contracts as necessary." DICT 12 2415 CITY 4F RENTON Mpslhk%-mg6.mail_yahoo.com/nWaunchVmail PLANNING DIVISION 113 9V2912495 Print Within 10 days or so our office wig- .-rail an ACC Approval Letter to you, hi—. ever you are welcome to get started with your project anytime you would like. Please let me know if there is anything else i can do for you and T hope you have a wonderftd day! ,5kir1et� U-9, ARM, CF'M, LMCA, AMS, FCAM Association Manager Morris Management, Inc., AAMC 425-283-5858, ext. 119 www.morrismmnaizement.com From: Evan Wehr fmailto:evan a, eccodesignincc.coml Sent: Tuesday, September 01, 2015 3:14 PM To: Shirley Ely Ce: bscline46-y nsn.com; Mark Selland; Thorp Properties Subject: Selland/Thorp Pier ACC Approval Request Shirley, Attached is the updated ACC approval request for the Selland/Thorp pier. Please forward this to the architectural control committee. Thank you, evan wehr ECCO Architecture & Design 203 N 36th Ste, 201 Seattle, WA 98103 206.706.3937 httpssJ/us-mg6.mai l.yahoc.oDm/now4au whit ai I M EXHIBIT 12 Kris Sorensen From: Kris Sorensen Sent: Thursday, October 29, 2015 3:31 PM To: 'Karen Walter' Cc: Heller, Christa H (DFW) Subject: RE: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Attachments: Barbee Mill -Mitigation Document 2004_ info related to Docks Mitigation.pdf; Off Hold Letter LUA1S-000489_102615.pdf Hi Karen -- Thank you for your comments on the Selland and Thorp Joint Use Dock at Barbee Mill. I recently received responses from the applicant related to your comments below from July. The applicant has provided a revised the planting plan, a revised section of the biological evaluation related to the substrate, and also provided approval from the Barbee Mill Board of Directors to plant the proposed mitigation plantings. I have attached their response for your team to review. Please provide me anv comments of the applicant's responses in the Off Hold Letter attachment within a 2 -week period, or by November 12, 2015. For your first comment from the July email related to Renton's EIS process for Barbee Mill, I have attached dock related portions of the EIS "Mitigation Document" dated August 16, 2004. You can see there was discussion of the docks as part of the EIS process --- how many if any, and mitigation measures (D17) to either prohibit docks at a distance from near - shore habitat OR reduce the number of docks through shared moorage AND THEN reduce shading impacts. Not all waterfront properties of Barbee Mill are able to have docks and those that are allowed must be shared between two properties as a .shared dock so there are no individual property docks on the waterfront. Additionally there are standards for new docks that limit the width of the docks and require light penetrating materials for the dock walkway. Please review the attached for more detail from the EIS process. Thank you, Kris Sorensen, Associate Planner, Manning Division, Community & Economic Development, City of Benton, 425-430-6593 From: Karen Walter[mailto:KWalter@muckleshoot.nsn.us] Sent: Tuesday, July 21, 2015 4:35 PM To: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Kris, Thank you for sending us the complete checklist for the Selland and Thorp new joint use project proposed on Lake Washington within the Barbee Mill Plat site. We have reviewed the project information sent to us with the Notice of Application and offer the following comments: We previously commented on the Barbee Mill plat project and all of the subsequent joint piers to date. In our comments to the Barbee Mill plat, we noted that it would be likely that the shorefront properties would seek moorage facilities and that the EIS should consider a "worse -case" scenario of each lot having their own piers or floating docks considering cumulative impacts from these docks upon juvenile salmon, their habitats, and their predators. At the time, the City indicated there were no plans for moorage structures as part of the plat; therefore, this issue could not be evaluated as part of the plat EIS process. No consideration of potential cumulative impacts from likely future moorage structures was done during the EIS process. Instead, each individual and/or community dock has been reviewed under SEPA: however, it is not apparent how the City has assessed cumulative impacts from these structures upon juvenile Chinook and other salmon. The BE provided for this BARBEE 1TILL PRELIMINARY PLAT LITIGATION DOCUMENT .Prepared by: City of Renton Planning/Building/Public Works - Development Planning August 16, 2004 „CITY OF RENTON PlanninglBuildlingfPublicWbrks Department Gregg Zimmerman PX, Administrator Kathy Keviker-WheeEer, Mayor August 16, 2004 Dear Reader: Attached is a copy of the Mitigation Document for the Barbee Mill Preliminary Plat. In May 2002, the Barbee Mill Company submitted a Land Use Master Application. (LUA 02-040) for a Preliminary Plat. The City of Renton Environmental Review Committee issued a Determination of Significance on November 5, 2002. The City of Renton, in accordance with the State Environmental Policy Act (SEPA) process, issued a Scoping Notice on November 27, 2002. 4n December 10, 2002, a public scoping meeting was held to receive written and oral comments on the proposed scope of study. A Scoping Document was issued on January 10, 2003, A Draft Environmental lznpact Statement (DEIS) was issued by the City of Menton Environmental Review Committee on September 2, 2003. A public hearing was held on September 23, 2003. The public comment period for the DEIS closed on October 8, 2003. The Final EIS was issued on May 3, 2004. The impacts described in the Barbee Mill Preliminary flat Environmental Impact Statement (DEIS and FEIS) and other information on file with the City of Renton are the basis for the mitigation measures ostablislaed in the Mitigation Document. This Mitigation Document is desi6mated by the City of Renton as the first decision document for the proposal. The project is also subject to preliminary plat, site plan, and shoreline reviews. Upon issuance of this Mitigation Document, a twenty (20) day appeal period continences. Pursuant to WAC 197-11-680 and RMC 4-8-1 WXA.a.iii, the adequacy of the Final EIS and the .Mitigation Document may be appealed. Appeals must: 1) state specific objections of fact and/or larva 2) be submitted in writing by 5:00 p.m. September 7, 2004; and 3) be accompanied by a filing fee of $75.00. Appeals must be addressed to Fred J. Kaufman, Hearing Examiner, City of Renton, Renton Municipal Building, 1055 So. Grady Way, Renton, WA 95055. If you have questions or require clarification of the above, please contact Susan Fiala, Project Manager at (425) 430-7382. For he Environmental Review Committee, d G Gregg Zimmerman Administrator, .plaru- ingiBuildin,g/ Liblic Works 1055 South Grady Way - Renton, Washington 98055 -RENTON 4A A H E A P O F T H F. C U RV F 16, 2000 and/or pursuant to an alternative plan that achieves applicable Model "Toxics Control Act cleanup standards. C2. Evaluate the need for groundwater remediation after the soil remediation is complete and perforin groundwater remediation as necessary to achieve applicable Model Toxics Control Act cleanup standards. Discussion: Removal of the contaminated soil and dewatering and treatment of the contaminated groundwater during Model Toxics Control Act cleanup of the site would improve groundwater quality with respect to arsenic and other contaminants. No specific mitigation measures are required for shallow or deeper groundwater unpacks. Impacts to the aquifers below the project site resulting from redevelopment activities are anticipated to be minimal. Although the shallow aquifer is not a valuable water supply source for the community, it is important for on-site and adjacent wetland areas. Removal of the impacted soil and dewatering and treatment of the impacted groundwater during those activities would probably improve groundwater quality with respect to arsenic. Shallow groundwater could potentially be encountered during installation of subsurface utilities or other intrusive activities. Because the shallow aquifer table i5 likely to be low during the portion of the year when precipitation is .m_ .irtimal, the chance to encounter groundwater could be minimized by conducting . intrusive activities during the dry season (late spring through late summer and early fall). Policy Nexus: City of Renton Environmental Review (RMC 4-9-070); State of Washington (WAC 173-340) E"8 D. PLANTS AND ANIMALS Refer to the Affected Environment section in the Draft EIS, pages 3-24 through 3- 34. For the Impacts section, refer to the Final EIS, pages 3-16 through 3-25. The mitigation measures established below address identified impacts. Mitigation Measures D 1. Relocate the osprey nest to an artificial structure erected in the project site vicinity. D2. Protect the existing vegetation buffer vegetation along May Creek from disturbance during construction by erecting barrier fencing and locating staging and access areas away from buffer areas. D3. Clear to completely remove existing invasive species in buffer areas and re -plant ,with native species consistent with preliminary landscaping mitigation plans approved as part of the Barbee Mill Preliminary Plat approvals. Del. Design bridles with sufficient height and width to allow penetration of sunlight and precipitation to maintain vegetation. lifigat;�n Document ewbee Mill Prl;liii1ioiry Plat I2" D5. Plant open space and buffer areas with native vegetation consistent with prelinunary landscaping mitigation plans approved as part of the Barbee Mill Preliminary Plat approvals. D6. Design bridges with sufficient height and width to provide for animal movement D7. Use native plants in residential landscaping to minimize the use of fertilizers, pesticides, or herbicides. DS. Limit wetland displacement to the extent practical by designing changes in the proposal to place development outside the wetland and buffer. D9. Compensate for loss of wetland by replacement on site. Dia. Compensate for loss of buffer through buffer -width averaging and enhancement of the existing buffer vegetation. D11. Either. a) Remove bulkheads where natural shoreline conditions can be re- established (where the lake is shallow, on public lands or in conjunction .with greater building setbacks); OR b) Remove bulkheads and rely on vegetation stabilization (where the lake is shallow, on public lands or in conjunction with greater building setbacks); OR c) provide plantings in rip -rap. D 12, Reduce the elevation above OHW1V1 of sheet pile walls and Tip -rap to allow more natural shoreline plantings. D13. Preserve those pilings and other in -water structures that are at a distance from the near -shore habitat that is important for juvenile salmonids. D14. Provide 50 foot buffers on stream and lake shoreline to allow establishment of more extensive and complex communities of indigenous vegetation. D15. Provide 50 foot buffers on stream and lake shoreline to allow establishment of mature canopy from indigenous vegetation to provide summer shade and to intercept light and glare. D16. Provide 50 foot buffers on stream and lake shoreline to allow establishment of more extensive communities of indigenous vegetation to buffer disturbance and allow public access further from the shoreline. The first thirty-five (35) feet from the ordinary high water mark shall be vegetated with native plant or grass species as appropriate. The remaining fifteen (15) feet may be landscaped as appropriate to be utilized as a yard area.. D17. Either: a) Prohibit docks and require the use of mooring; buoys or floats at a distance from near -shore habitat; OR b) Reduce the number of docks through shared moorage, AND 'THEN; c) Reduce shading impacts by narrower docks or materials that allow light penetration. D1$. Provide long-term management of shoreline vegetation by an entity other than residents such as the homeowners association or a similar entity. Di$Cussion: Impacts that narrow the range or degree of beneficial use of the stream and shoreline areas of the site are inherent in the permanent change of use to the residential development proposed. A major contributor to the beneficial use of the shorelines are the specific setbacks and presumed uses discussed above. The mitigation outlined below illustrates opportunities to expand shoreline buffer areas an implement other specific measures that increase the beneficial use of the stream and shoreline areas to include more complex plant communities and associated wildlife populations as well as mitigate specific adverse impacts of the proposal. Mitigation Document Barbee Ull Prelirninay flat i3- Establishing and maintaining streamside shoreline vegetation will provide upland habitat, provide screening from human disturbance, and contribute to the enhancement of the food chain provided by shallow near -shore habitat that has been, produced by delta formation. Maintaining some or all of the existing log rafts and pilings in Lake Washington adjacent to the project site, would provide perch and loafing sites to benefit waterfowl. To avoid conflict with mitigation for aquatic species, pilings in deep water areas are the best candidates for retention. Fencing the open space areas to reduce disturbance from domestic animals will enhance wildlife value. Osprey - Osprey mitigation measures could include relocation of the osprey nest to an artificial structure erected in the project site vicinity, as recommended by WDFUli and agreed upon by the U.S. Fish and Wildlife Service (USFWS). A WDFW biologist shall be consulted during relocation of the new nest site, which will occur while the birds are on their wintering grounds. Potential sites for relocation on site include the riparian corridor proposed to be established along May Creek. Research has indicated that ospreys will quickly adapt to and use artificial nesting structures (Saurola 1997; Haughton and Rymon 1997). Prolonged exposure to noise during an extended buildout of the site may, however, discourage the existing osprey pair from relocating within open space on-site. Potential mitigation would prohibit the loudest construction noise such as pile driving during the nesting and early fledging period of late April to late July. s Aquatic Species - There are a variety of mitigating measures for natural stream and shoreline function that are related closely to the amount of Iand devoted to mitigation buffers. For this reason, discussion of mitigation is covered below under "Mitigation Through Alternative Buffer Areas." This mitigation addresses such functions as LWD recruitment, bank stabilization/erosion control, removal of sediments and pollutants, regulation of water temperature through stream shading, bulkheads, artificial Ifght, and public access. Removal of existing in -water structures such as pilings, the existing dock, and log booms would improve conditions for juvenile salmonids by reducing the amount of existing cover for predators,such as smallmouth bass, and by not interfering with production of aquatic food resources. Mitigation of the adverse impacts of residential dock construction and use can be addressed by a number~. of strategies ranging from avoiding construction of docks, reducing the number of docks, and or through specific design and construction measures. Avoidance of the impacts of new docks could be addressed by a plat condition prohibiting private dock construction. This would avoid impacts from use of the docks and from dock shading. Such a prohibition could include the implication that property owners would use commercial moorage at off-site marinas or could provide for alternative moorage facilities such as mooring buoys or .floats located at a distance from near -shore habitat. The latter option could include a dingy dock for access to buoys and floats. Such a dock could include the existing sawvrnfll dock at the northern end of the proposed common area. (that could be Mitigation Document Barbee Mill Preliminary Plat -18- reduced in area) or a new, smaller dock more centrally located that wouid avoid proximity impacts on adjacent residential lots. An option that would reduce impacts, but not prohibit new -locks, could involve shared moorage by two or more property owners. in such a case docks could be developed at property lines to serve two adjacent properties, or a single moorage facility could be developed to serve the entire development. Dock construction could include narrower width or materials that allow light penetration. As noted above, long-term use of docks is likely to be hampered by delta formation and could lead to requests by residents to dredge, which would reduce the benefits of natural processes that create shallow shoreline habitat. Alternative Buffer Areas - More extensive buffer areas provide for a wider range of vegetation communities that would support re-establishment of natural characteristics of the Lake Washington shoreline. Buffer areas would reduce long term and cumulative impacts of residential development of the shoreline, and expand the beneficial use for wildlife and aquatic species. One conceptual scenario (Option A) is proposed for expanded buffer areas on the Lake Washington shoreline and two (Options A and C) are examined for May Creek: 0 Re -orienting the turn -around for Street A on the west side of May Greek from the riparian corridor to the interior of the project to maintain the 50 -foot setback. d) Additional setbacks on the east side of May Creek near the mouth of the stream where the proposed setback narrows to 15 feet from OHWM, A 50 -foot setback in this area reduces four proposed town home units to one or two. 0) The entire 50 -foot setback would be revegetated with native plant species. For the Lake Washington shoreline, this option is presumed to include the following two components: f? The outer 25 -feet adjacent to the shoreline would provide a vegetation buffer that would include restoration of the shoreline to a more natural condition through: V. Elimination of bulkheads, or reduction in height of existing bulkheads. Vi. Limited re -grading to provide a more natural shoreline gradient and providing substrate for plantings near the water. Vii. Planting of a mix of native vegetation on the shoreline, while preserving some view corridors for adjacent residential development. °Viii. Providing passive public, access through a pedestrian trail located 10 to 15 feet from the water, with fencing between the trail and waterfront, and viewing areas every 10o to 150 feet on the shoreline with benches or other passive features. g) The inner 25 -foot area dedicated to the use of adjacent residences, including yard areas and ornamental landscaping would be oriented to intensive residential use. It would provide few benefits to the adjacent shor6ine except for distance attenuation of noise and other proximity impacts. This area probably would be used by the subsurface containment walls that are likely to be needed to prevent lateral spreading of potentially Mitigation Document Barbee Mill Preliminary Plat EXHIBIT 13 Kris Sorensen From: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Thursday, November 12, 2015 12:36 PM To: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: RE: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Fallow Up Flag: Follow up Flag Status: Flagged Kris, Thank you for getting back to us on this project. We appreciate the City's detailed responses and have reviewed them carefully. We have follow-up comments as noted below: Barbee Mill Plat requirements re: moorage and shoreline plantings- MITFD review Thank you for sending us the 2004 Mitigation Plan from the plat as part of the City's responses. We went back and reviewed our files for the Barbee Mill Plat and found three documents that describe the piers and planting mitigation requirements for the plat in these files. From these documents, we offer this review: A. The first document we reviewed is the Hearing Examiner's decision (LUA02-040, EIS, PP,SA-H, SM dated 22 February 2005) for the proposed plat Level II Site Plan. From this information there are a couple of key findings that relate to our comments: Finding #15 which describes the number of lots (115) and other elements. The last statement for this finding is "There was no indication of whether or not docks would be proposed for the shoreline lots'. The Hearing Examiner's recommendation and decision for the Level I I Site Pian did not directly address the issue of docks but does note in condition 1 that the "The applicant shall comply with the mitigation measures formulated as a result of the EIS process". B. The Condition 1 requirement led us to review the second set of documents for the plat from our files. We reviewed the Final EIS (May 2004) which identified three options regarding moorage (page 3-29 and 3- 30): plat condition prohibiting private dock construction; (2) mooring buoys or floats at a distance from near - shore habitat; and (3) shared moorage by two or more property owners. %. The FEIS also described potential options for the Lake Washington shoreline along the plat. The FEES outlined two conceptual scenarios for the Lake Washington Shoreline (pages 3-30 through 3-31). The first was Option A, or a 50 -foot buffer which was further divided into a 25 -foot wide inner and outer buffers. The 25 -footer outer buffer was described as an area adjacent to the shoreline that included restoration to a more natural condition with a variety of potential actions including, but not limited to, "planting a mix of native vegetation on the shoreline while preserving some view corridors for adjacent residential development' The second option, Option B, was described as a 100 -foot buffer which would have expanded the 75 -foot wide buffer adjacent to the shoreline that was anticipated to be a wider buffer area that would accommodate more large trees among other actions. No further planting details were provided and no preferred alternative mitigation alternative for moorage and lakeshore buffer/planting was identified in the FEIS that we could find. C. The third document from our project files we reviewed was the Barbee Mill Level 1 Administrative Site Plan Review Report and Decision document dated March 19, 2007 (Renton). This document notes that the project must be consistent with the EIS, the Preliminary Plat, the Shoreline Substantial Development Permits, and the Site Plan Review Criteria in place at the time the project was vested. The document included several exhibits, in particular Exhibit 8, entitled "Laze Washington Shoreline Buffer (Sheet L-4)" which provided a planting plan for the plat, including the subject lots. The Level 1 Site plan report, on page 3, notes that there would be a 35 foot band of native vegetation suitable for Lakeshore habitat to be located upland of the Ordinary High Water Mark. It goes on to state that "trees in this zone would include serviceberry, Oregon ash, Sitka Willow, and share pine". Shrubs and groundcover was also to be included. These tree species are shown on Exhibit 8. The document also noted in the "Findings, Conclusions, and Decision" section on page 12, item 7 that the project was to comply with the Shoreline Permit Conditions which included a mitigation document dated January 10, 2005. No where in this decision document is there a plan showing moorage or any discussion about moorage for the plat or any mitigation needed for moorage contemplated. IL MITFD Follow-up comments With respect to this review of the plat requirements from our review outlined above and the City's October 29, 2415 responses, we have these follow-up comments: It is likely that we are missing some key decision documents for the plat since the EIS process was concluded with the FELS. For example, we have no shoreline permits in our records for this project which may have identified the preferred moorage option for the plat that would reflect one of the moorage options from the EIS process and the 2004 Mitigation document referenced in the City's responses. Please note that the 2004 Mitigation Document just carried forward all of the moorage options from the FEIS (pages 18-19) and did not identify a preferred option for permitting. We don't have a copy of the January 10, 2005 version of the mitigation document reference above in item C which may have provided more specific mitigation measures for the plat. We would appreciate a copy of this version of the mitigation plan for our files, particularly if it was approved by the City as part of the plat approval process. With respect to the plat planting plan, we would expect Oregon Ash and Shore pine to be planted as shown on Sheet L-4 throughout the plat properties in the native restoration areas 35 feet from the Ordinary High Water Mark of Lake Washington, including the subject sites for this joint dock project. The two mitigation planting monitoring reports we received (one for Thorp and one for Selland) show only shrubs, not all of which have survived. Further, the photos for these sites show no plants overhanging the concrete bulkhead; therefore, the current plant species provide little function for juvenile salmon habitat. How are the existing planting plans for these two properties consistent with the 2007 Level 1 Site Plan requirements if there are no Oregon Ash, Sitka Willow or Shore Pine species on site? Again, these are the tree species that were required per the Level 1 Site Plan and Shoreline permits for the plat as described above. 3. We appreciate the applicant's revisions to the proposed planting plan for the joint pier which consists of 4 new Pacific Dogwood trees (2 on each lot); 8 new Nootka rose (5 on one lot and 3 on the other); 8 new red -flowing currant (6 on one lot; 2 on the other) and 4 new tall Oregon Grape on one lot. These species are all to be planted adjacent to the bulkhead as shown on revised Sheet 6 of 7. This is definitely an improvement compared to existing conditions; however, the plan should be revised to include tree species as required from the plat within the first 35 feet from Lake Washington. We would prefer native willow species conducive to the soil type to be planted along the bulkhead instead of the propose lower growing shrubs. Sitka willow was the species identified in the Level 1 Site Plan Review Report for the plat and may be a suitable species if the soils are appropriate. 4. As noted in the response regarding the existing substrate conditions, the existing substrate at the project site is cobble. The applicants should enhance this substrate with smaller substrate sized suitable for juvenile salmon as a partial mitigation measure for the new pier at this location that adds to the cumulative number of piers at this plat. WDFW typically recommends 1-2 inch minus size materials for this purpose. We appreciate the opportunity to provide additional comments to Renton in response to this proposal. Please let me know if you have any questions. Thank you, Karen Walter Watersheds and Land Use Team Lea„cr Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave S Auburn, WA 98092 253-876-3116 From: Kris Sorensen [mailto:KSorensen@Rentonwa.gov] Sent: Thursday, October 29, 2015 3:31 PM To: Karen Walter Cc: Heller, Christa H (DFW) Subject: RE: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Hi Karen — Thank you for your comments on the Selland and Thorp Joint Use Dock at Barbee Mill. I recently received responses from the applicant related to your comments below from July. The applicant has provided a revised the planting plan, a revised section of the biological evaluation related to the substrate, and also provided approval from the Barbee Mill Board of Directors to plant the proposed mitigation plantings. I have attached their response for your team to review, Please provide me any comments of thea licant's responses in the Off Hold Letter attachment within a 2 -week eriod or by November 1.2, 2015. For your first comment from the July email related to Renton's EIS process for Barbee Mill, I have attached dock related portions of the EIS "Mitigation Document” dated August 16, 2004. You can see there was discussion of the docks as part of the ITIS process --- how many if any, and mitigation measures (D17) to either prohibit docks at a distance from near - shore habitat OR reduce the number of docks through shared moorage AND THEN reduce shading impacts. Not all waterfront properties of Barbee Mill are able to have docks and those that are allowed must be shared between two properties as a shared dock so there are no individual property docks on the waterfront. Additionally there are standards for new docks that limit the width of the docks and require light penetrating materials for the dock walkway. Please review the attached for more detail from the EIS process_ Thank you, Kris Sorensen, Associate Planner, Planning Division, Cornmunity & Economic Development, City of Renton, 425-430-659:3 From: Karen Walter[ma i Ito: KWa [ter(& m uckleshoot. nsn. us] Sent: Tuesday, July 21, 2015 4:35 PM TO: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Iris, Thank you for sending us the complete checklist for the Selland and Thorp new joint use project proposed on Lake Washington within the Barbee Mill Plat site. We have reviewed the project information sent to us with the Notice of Application and offer the following comments: We previously commented on the Barbee Mill plat project and all of the subsequent joint piers to date. In our comments to the Barbee Mill plat, we noted that it would be likely that the shorefront properties would seek moorage facilities and that the EIS should consider a "worse -case" scenario of each lot having their own piers or floating docks considering cumulative impacts from these docks upon juvenile salmon, their habitats, and their predators. At the time, the City indicated there were no plans for moorage structures as part of the plat; therefore, this issue could not be evaluated as part of the plat EIS process. No consideration of potential cumulative impacts from likely future moorage structures was done during the EIS process. Instead, each individual and/or community dock has been reviewed under SEPA; however, it is not apparent how the City has assessed EXHIBIT 14 PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Divis+ 1055 South Grady Way -Renton, + Phone: 425-430-7200 Fax: 42s PURPOSE OF CHECKLIST: -11, �>z. a,6f4Cp0 X00 00t The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, reL, 4994 agencies to consider the environmental impacts of a proposal before m, O Environmental Impact Statement (EIS) must be prepared for all proposals s� z significant adverse impacts on the quality of the environment. The purpose of thi, is to provide information to help you and the agency identify impacts from your proposal , d to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project pians without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SWEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. - 1 - MOO 11SERVEM,lah Res\Shoreline120141S1469 Selland PierlSDPlAdminlenvironmentai checklist.doc A. BACKGROUND Name of proposed project, if applicable: Selland Pier 2. Name of applicant: Mark Selland 3. Address and phone number of applicant and contact person: Applicant: Mark Selland 4017 Williams Ave. N Renton, WA 98056 858-342-1393 Contact Person: Evan Wehr — ecco design inc. 203 N 36th Street Suite 201 Seattle, WA 98103 206-706-3937 4. Date checklist prepared: June 23, 2015 Agency requesting checklist: City of Renton 6. Proposed timing or schedule (including phasing, if applicable): Fall 2015 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. S. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Biological Evaluation was prepared by Marine Surveys and Assessments to assess impacts to listed species and/or critical habitat for the project. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None are Known. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Letter of Permission from the Army Corps of Engineers. SDP, SEPA review, and building permit from the City of Renton. HPA from the Washington Department of Fish and Wildlife. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construct new pier and install two new boat lifts. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 4017 & 4023 Williams Ave. N in Renton, WA 98056. Section: NW1/4 32 Town: 24N Range: 5E B. ENVIRONMENTAL ELEMENTS EARTH -2- IISERVEM,lob FileslShoreline\20141S1469 Selland Pier1SDPWdmin\environmental checklist,doc EXHIBIT 15 Construction Mitigation Description Selland/Thorp Pier Construction Dates : The date of construction will depend on when the necessary government approvals for the lift are issued. Construction of the pier and the installation of the boat lifts will only take approximately two weeks to complete. The in water work window at the site is open from July 16th through December 31St. The work will be completed during the work window opening in either late 2015 or July 2016. Hours and Days of Operation: The work will take place during the City of Renton's typical hours of construction which are 7:00 am through 10:00 pm Monday through Friday and 9:00 am through 10:00 pm Saturday and Sunday. Proposed Hauline/Transportation Routes: The materials will be brought to the site by a barge by way of Lake Washington. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics: Work will take place only during allowed hours of operation. Erosion will not be caused by the project. There will be elevated levels of noise from construction during the installation of the piles. Special Hours Proposed for Construction: No special hours are proposed for construction. Preliminary Traffic Control Plan: Traffic control is not necessary for the project. City or Renton Neighborhood Map Notes None C 128 0 64 128 Feet WGS_1984_Web_Mercator_Auxil iary_Sphere City of .n Finance & IT Division Legend City and County Boundary ■ RMF -Residential MuIU-Family Other ■ RMH-Residential Manufactured Homes Ci ty of Renton - --^ ;_; CN -Commercial Neighborhood Addresses . CV -Center Village Parcels ■ CA-Commeraal Artenal Zoning ■ UO -Urban Center . RC -Resource Conservation ■ GD -Center Downlown 13 R1 -Residential 1 dulac CDR -Commercial Office/Residential R4 -Residential 4 dulac ■ GO -Commercial Office R6 -Residential -6 DUTAC IL-Industnal - Light Information Technology - GIS This map is a user generated static output from an Intei nel mapping site and s for reterence. only f)ata layers that appear on this map may or may not be RentonMapSupport(�Rentonwa.gov accurate. current, or otherwise reliaole 12/10/2015 THIS MAP IS NOT TO BE USED FOR NAVIGATION City or menton Regulated Shoreline EXHIBIT 17 v y 13 4107 �f 4101 4063; 4057 4122 MAY Crook 4118 4112 ._.. --- 4-106 4127 F 4121 4115 1 j' 4109 Notes None 128 0 64 128 Feet WGS_1984_ Web_M ercator_Auxil iary_S phere lip - r City Of f ( -n', Finance & IT Division Legend City and County Boundary Other a LCity of Renton .. Addresses Parcels Environment Designations ❑ Natural Shoreline High Intensity Shoreline Isolated High Intensity Shoreline Residential 4103 4083 I 4079 I r 4075 4071 r C 'A 4065 4059 1 4053 r 4101 r s nformatlon Technology - GIS Th s map is a user generated Static outpul from an Irterne, mapping site antl is for'eferpnce :.niy Oata layers that appear on this map may or may not be Renton MapSupport@Rentonwa-gov accurate. current, oretherwse reuatrie 12/10/2015 THIS MAP IS NOT TO BE USED FOR NAVIGATION EXHIBIT 18 Mitigation Planting Monitoring Report for James Thorp 4423 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report : 10/2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met. During the third through fifth years alter planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs Scientific Name / Common Name Original Number Remaining Number Amelanchier Alriifolia/ Serviceberry 1 0 Cornus Stolonifera / Red Twig Dogwood 3 3 Syphoricarpos Albus / Snowberry 5 5 Vaccinum Ovaturn / Evergreen Huckleberry 3 3 One serviceberry will be replanted. IXECEIVED ocT 12 2015 CITY OF RENTON PLANNING DIVISION Mitigation Planting Monitoring Report for Mark Selland 4017 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report : 10!2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met. During the third through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs (Scientific Name / Common Name) Original Number Remaining Number Amelanchier Alnifolia/ Serviceberry I 1 Cornus Stolonifera I Red Twig Dogwood 5 5 Mahonia Aquifolium / Tall Oregon Grape 3 3 Mahonia Nervosa / Low Oregon Grape 5 0 Ribes Sanguineum / Red -Flowering Currant 2 0 Five Low Oregon Grape and two Red -Flowering Currant will be replanted. TE1l1ED OCT 12 2015 CITY OF RENSON PLANNING NVISION ADVISORY NOTES TO APPI LUA15-000489 Application Date: June 26, 2015 Name: Selland Joint Use Dock EXHIBIT 1 g city of Site Aclares5.. Jilliams Ave N Renton, WA 98056-2118 _ __ ^ I R _ _ _ L _ ■ A ll f1J r- t -LAN rLAN - rianning rteView - Lana use VUl Z)ivi i c l vvk.tvi i IUVI i v, C -V 1 Planning Review Comments Contact: Kris Sorensen` 1425-430-6593 I ksorensen@ rentonwa.gov Recommendations: 1. RMC Section 4 4 030.C.2 limits haul hours between 8:30am to 3:30pm, 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 7:00am and 8:00pm, Monday through Friday. Work on Saturdays shall be restricted to the hours between 9.00am and 8:00pm. No work shall be permitted on Sundays. Eragirteerinq Review CommentsContact: Vicki Grover [ 425-430-7291 I vgroverentanwa.gov have reviewed the application for the Selland Pier located at 4017 & 4023 Williams Avenue North and have the following comments: EXISTING CONDITIONS WATER Water service is not a requirement for this project. SEWER Sewer service is not a requirement for this project. STORM There are not any required detention, water quality or conveyance systems for this project. STREETS There are no street frontage improvements required for this project. GENERAL INFORMATIONAL COMMENTS 1. Please refer to the 2009 King County Surface Water Design Manual, pg. 5 31 "Material" when choosing the type of material to be used for the pilings. Epoxy Coating shall be applied to all piles. 2. The grate shall be treated to prevent leaching of metals. A leachable metal surface consists of, or is coated with a non ferrous metal that is soluble in water. Refer to the 2009 King County Surface Water Design Manual, pg. 6 17 "Use of Metal Materials" when considering the grating material to be used for the pier's surface. 3. Material specifications for all of the dock components shall be submitted to the City for approval. CONDITIONS 1. Please provide documentation to substantiate the fish window time frame of July 16 to December 31. A Hydraulic Project Approval (HPA) will be required. Please provide the City of Renton with a copy once the permit is obtained. 2. During construction, the contractor shall prevent all dust, drips, debris and spills from coming in contact with the water's surface. Needs to be shown on the TESC (Temporary Erosion & Sediment Control Plan). 3. A lighting study needs to be conducted and lights proposed for use shall be amber hued and shrouded. 4. A demo plan for removal of the existing dock shall be required. Ran: December 10, 2015 Page 1 of 1 DEPARTMENT OF COMMUNITY'of AND ECONOMIC DEVELOPMENT , E ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: December 14, 2015 ! a Project Nome: Selland -Thorpe Residential Joint Use Pier Project Number. LUA15-000489, ECF, SM Project Manager: Kris Sorensen, Associate Planner Owner. Mark Selland; 4017 Williams Ave N; Renton WA 98056 James Thorpe; 4023 Williams Ave N; Renton WA 98056 Applicant/Contact: Mark Selland; 4017 Williams Ave N; Renton WA 98056 Project Location: 4017 & 4023 Williams Ave N Project Summary: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) at 4017 and 4023 Williams Ave N. The total area of the site is 11,205 square feet within the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. An existing shared concrete stair walkway provides access from the homes to the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees. Dead plants in the vegetated shoreline would be replaced. The applicant submitted a Biological Evaluation/Lake and Stream Study/Habitat Data Report. Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): N/A Proposed New Bldg. Area (gross): N/A Site Area: 4017 Williams: 5,623 sf Total Building Area GSF. N/A 4023 Williams: 5,571 sf STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non -Significance - Mitigated (DNS -M). Project Location Map Kris Sorensen From: Kris Sorensen Sent: Thursday, October 29, 2015 3:31 PM To: 'Karen Walter' Cc: Heller, Christa H (DFW) Subject: RE: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Attachments: Barbee Mill -Mitigation Document 2004_ info related to Docks Mitigation.pdf, Off Hold Letter LUA15-000489_102615.pdf Hi Karen - Thank you for your comments on the Selland and Thorp Joint Use Dock at Barbee Mill. I recently received responses from the applicant related to your comments below from July. The applicant has provided a revised the planting plan, a revised section of the biological evaluation related to the substrate, and also provided approval from the Barbee Mill Board of Directors to plant the proposed mitigation plantings. l have attached their response for your team to review. Please Drovide me anv comments of theapplicant's responses in the Off Hold Letter attachment within a 2 -week period or by Novernber 12, 2015. For your first comment from the July email related to Renton's EIS process for Bargee Mill, I have attached dock related portions of the EIS "Mitigation Document" dated August 16, 2004. You can see there was discussion of the docks as part of the EIS process --- how many if any, and mitigation measures (D17) to either prohibit docks at a distance from near - shore habitat OR reduce the number of docks through shared moorage AND THEN reduce shading impacts. Not all waterfront properties of Barbee Mill are able to have docks and those that are allowed must be shared between two properties as a shared dock so there are no individual property docks on the waterfront. Additionally there are standards for new docks that limit the width of the docks and require light penetrating materials for the dock walkway. Please review the attached for more detail from the EIS process. Thank you, Kris Sorensen, Associate Planner, Planning Division, Community & Economic Development, City of Renton, 425-430-6593 From: Karen Walter[ma ilto:KWalter@muckleshoot.nsn.us) Sent: Tuesday, July 21, 2015 4:35 PM To: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Kris, Thank you for sending us the complete checklist for the Selland and Thorp new joint use project proposed on Lake Washington within the Barbee Mill Plat site. We have reviewed the project information sent to us with the Notice of Application and offer the following comments: We previously commented on the Barbee Mill plat project and all of the subsequent joint piers to date. In our comments to the Barbee Mill plat, we noted that it would be likely that the shorefront properties would seek moorage facilities and that the EIS should consider a "worse -case" scenario of each lot having their own piers or floating docks considering cumulative impacts from these docks upon juvenile salmon, their habitats, and their predators. At the time, the City indicated there were no plans for moorage structures as part of the plat; therefore, this issue could not be evaluated as part of the plat EIS process. No consideration of potential cumulative impacts from likely future moorage structures was done during the EIS process. Instead, each individual and/or community dock has been reviewed under SEPA; however, it is not apparent how the City has assessed cumulative impacts from these structures upon juvenile Chinook and other salmon. The BE provided for this project does not consider this issue and does not fully consider site specific ii� pacts from the pier because the BE discuss all of the available research and findings about piers and docks in Lake Washington and their impacts upon salmon. The BE, if considered part of the environmental review process by the City, needs to be substantially revised using all of the available information, as well as current research work being conducted by Dr. Roger Tabor from the U.S. Fish and Wildlife Service. Much of the available research can be found within the Synthesis of Salmon Research and Monitoring report along with many other reports which are available at http://goviink_org/watershedsl8/reports/default.asp x. It is time for a cumulative impacts analysis to be conducted for this and the other existing (and proposed) piers associated with the Barbee Mill plat and their impacts sufficiently mitigated. 2. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook_ Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on Sheet 6 needs to be revised substantially with native trees and shrubs that will provide overhanging functions. 3. The BE implies that the previous planting plan is providing functions to the shoreline (page 4) ; however, there is no information as to how these plants are actually surviving and what functions they actual provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. 4. More information is needed regarding how the existing substrate conditions provide "favorable habitat for winter rearing of salmon fry' (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and largerjuveniles prefer sand and small gravel substrates and avoid larger cobbles (Seattle Public Utilities and US Army Corps, 2008 available at link above). We appreciate the opportunity to review this proposal and took forward to the City's written responses to these comments. Please let me know if you have any questions. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoo[ Indian Trine Fisheries Division Habitat Program 39016 172nd Ave SE Auburn, WA 98092 263-876-3116 From: Kris Sorensen [ma !Ito.KSorensen@Rentonwa.gov] Sent: Tuesday, July 21, 2015 7:42 AM To: Karen Walter; Sabrina Mirante Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Karen — I rescanned the checklist which all pages, sorry about the odd scan. I have resent all the same attachments with the one attachment change for the Enviromental Checklist. Thank you for reviewing. Kris Sorensen, Associate Planner, Planning Division, Community & Economic Development, City of Renton, 425-430-6593 From: Karen Walter[mailto:KWaltes&muckleshoot.nsn.us] Sent: Monday, July 20, 2015 5:50 PM To: Sabrina Mirante Cc: Kris Sorensen Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Sabrina, We are reviewing the NOAJODNS-M for the Selland dock project referenced above. It looks like the checklist is incomplete and only the odd pages were copied. Can we get a copy of the complete checklist electronically? Thank you, Karen Waiter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Sabrina Mirante fmailto:SMirante(d)Rentonwa.govl Sent: Wednesday, July 08, 2015 4:25 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Ce: Kris Sorensen Subject: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: July 7, 2015 LAND USE NUMBER: LUA15-000489, ECF, SM PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.210.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS -M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non - Significance -Mitigated (DNS -M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: June 26, 2015 NOTICE OF COMPLETE APPLICATION: July 7, 2015 APPLICANT/PROJECT CONTACT PERSON: Mark Selland / 4017 Williams Ave N/Renton, WA 98056 / 858-342- 1393/mselland@dmsolutions.com Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development Permit Other Permits which may be required: Building Permit, Construction Permit Requested Studies: Biological Assessment, Stream/Lake Study 4 Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP -RHD (Residential High Density) on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist; and Biological Evaluation/Lake and Stream Study/Habitat Report. Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. M Follow recommendations identified in the Biological Evaluation/Lake Stream Study/Habitat Report 0 Construction only during the state Department of Fish and Wildlife approved in -water work periods Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 21, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6598; Ernh ksorensen rentonwa. o� Sabrina Mirante, Planning Secretary City of Renton I CED I Planning Division 1055 S Grady Way I 6th Floor I Renton, WA 98057 Phone: 425.430.6578 1 Fax: 425.430.7300 1 smirante@rentonwa.gov BARBEE MILL PRELEUIENARY PLAT MITIGATION DOCUMENT Prepared by: City of Renton Planning/Building/Public Works - Development Planning August 16, 2004 CITY OF RENTOR PlanninglBdding/PublicWorks Deputment iGathy Kealker-wlseeler, Mayar Gregg Zimmerman P E., Administrator August 16, 2004 Dear Reader: Attached is a copy of the Mitigation Document for the Barbee Mill Preliminary Plat. In May 2002, the Barbee Mill Company submitted a Land Use Master Application. (LUA 02-040) for a Preliminary Plat. The City of Renton Environmental Review Committee issued a Determination of Significance on November 5, 2002. The City of Renton, in accordance with the State Environmental Policy Act (SEPA) process, issued a Scoping Notice on November 27, 2002. On December 10, 2002, a public scoping meeting was held to receive written, and oral comments on the proposed scope of shady. A Scoping Document was issued on January 10, 2003. A Draft Environmental Impact Statement (DEIS) was issued by the City of Renton. Environmental Review Committee on September 2, 2003. A public hearing was held on September 23, 2003. The public comment period for the DEIS closed on October 8, 2003. The Final EIS was issued on May 3, 2004. The impacts described in the Barbee Mill Preliminary Plat Environmental Impact Statement (DEIS and FEIS) and other information on file with the City of Renton are the basis for the mitigation measures established in the Mitigation Document. This Mitigation Document is designated by the City of Renton as the first decision document for the proposal. The project is also subject to preliminary plat, site plan, and shoreline reviews. Upon issuance of this Mitigation. Document, a twenty (20) day appeal period commences. Pursuant to WAC 197-11-680 and RMC 4-8-110.E.4.a.iii, the adequacy of the Final EIS and the Mitigation Document may be appealed. Appeals must: 1) state specific objections of fact and/or law; 2) be submitted in writing by 5,00 p.m. September 7, 2004; and 3) be accompanied by a filing fee of $75.00. Appeals must be addressed to Fred J. Ifaufznan, Hearing Examiner, City of Renton, Renton Municipal Building, 1055 So. Grady Way, Renton, WA 98055. If you have questions or require clarification of the above, please contact Susan Fiala, Project Manager at (425) 430-7382. For ie Environmental Review Committee, c Greg(, Zimmerman Administrator, PlanninglBuildingfPublic Works 1055 South Grady Way - Renton, Washington 98055 R E N T O N 16, 2004 and/or pursuant to an alternative plan that achieves applicable Model Toxics Control Act cleanup standards. C2. Evaluate the need for groundwater remediation after the soil remediation is complete and perform groundwater remediation as necessary to achieve applicable Model Toxics Control Act cleanup standards. Discussion: Removal of the contaminated sail and dewatering and treatment of the contaminated groundwater during Model Toxics Control Act cleanup of the site would improve groundwater quality with respect to arsenic and other contaminants. No specific mitigation measures are required for shallow or deeper groundwater impacts. Impacts to the aquifers below the project site resulting from redevelopment activities are anticipated to be minimal. Although the shallow aquifer is not a valuable water supply source for the community, it is important for on-site and adjacent wetland areas. Removal of the impacted soil and dewatering and treatment of the impacted groundwater during those activities would probably improve groundwater quality with respect to arsenic. Shallow groundwater could potentially be encountered during installation of subsurface utilities or other intrusive activities. Because the shallow aquifer table is likely to be low during the portion of the year when precipitation is minimal, the chance to encounter groundwater could be minimized by conducting intrusive activities during the dry season {late spring through late summer and early fall). Policy Nexus: City of Renton Environmental Review (R -VC 4-9-070); State of Washington (WAC 173-340) L�f. E D. PLANTS AND ANIMALS`'` f � Refer to the Affected Environment section in the Draft IDIS, pages 3-24 through 3- 34. For the Impacts section, refer to the Final EIS, pages 3-16 through 3-25. The mitigation measures established below address identified impacts. Mitigation Measures D1. Relocate the osprey nest to an artificial structure erected in the project site vicinity. D2. Protect the existing vegetation buffer vegetation along May Creek from disturbance during construction by erecting barrier fencing and locating staging and access areas away from buffer areas. D3. Clear to completely remove existing invasive species in buffer areas and re -plant with native species consistent with preliminary landscaping mitigation plans approved as part of the Barbee Mill Preliminary Plat approvals. D4. Design bridges with sufficient height and width to allow penetration of sunlight and precipitation to maintain vegetation. Mogation Document Bargee W1 Preliminary Plat -12- DS. Plant open space and buffer areas with native vegetation consistent with Preliminary landscaping r,,litigation plans approved as part of the Barbee Mill Preliminary ,plat approvals. D6. Design bridges with sufficient height and width to provide for animal movement D7. Use native plants in residential landscaping to minimize the use of fertilizers, Pesticides, or herbicides. DS. Limit wetland displacement to the extent practical by designing changes in the proposal to place development outside the wetland and buffer. D9. Compensate for loss of wetland by replacement on site. DIQ. Compensate for loss of buffer through buffer -width averaging and enhancement of the existing buffer vegetation. DII. Either. a) Remove bulkheads where natural shoreline conditions can be re- established (where the lake is shallow, on public lands or in conjunction with greater building setbacks); OR b) Remove bulkheads and rely on vegetation stabilization (where the lake is shallow, on public lands or in conjunction with greater building setbacks); OR c) Provide plantings in rip -rap. D 12. Reduce the elevation above OHWM of sheet pile walls and rip -rap to allow more natural shoreline plantings. D 13. Preserve those pilings and other in -water structures that are at a distance from the near -shore habitat that is important for juvenile salmonids. D 14. Provide 50 foot buffers on stream and lake shoreline to allow establishment of more extensive and complex communities of indigenous vegetation. D15. Provide 50 foot buffers on stream and lake shoreline to allow establishment of mature canopy from indigenous vegetation to provide summer shade and to intercept light and glare. D16. Provide 50 foot buffers on stream and lake shoreline to allow establishment of more extensive communities of indigenous vegetation to buffer disturbance and allow public access further from the shoreline. The first thirty-five (35) feet from the ordinary high water mark shall be vegetated with native plant or grass species as appropriate. The remaining fifteen (15) feet may be landscaped as appropriate to be utilized as a yard area.. D17. Either: a) Prohibit docks and require the use of mooring buoys or floats at a distance from near -shore habitat; DR b) Reduce the number of docks through shared moorage, AND THEN; c) Reduce shading impacts by narrower docks or materials that allow light penetration. D18. Provide long-term management of shoreline vegetation by an entity other than residents such as the homeowners association or a similar entity. Discussion: Iutpacts that narrow the range or degree of beneficial use of the stream and shoreline areas of the site are inherent in the permanent change of use to the residential development proposed. A major contributor to the beneficial use of the shorelines are the specific setbacks and presumed uses discussed above. The mitigation outlined below illustrates opportunities to expand shoreline buffer areas an implement other specific .measures that increase the beneficial use of the stream and shoreline areas to include more complex plant communities and associated wildlife populations as well as mitigate specific adverse impacts of the proposal. Midgation Docurnenf -13- Barbee Mill Preliminary Plat Establishing and maintaining streamside shoreline vegetation will provide upland habitat, provide screening from human disturbance, and contribute to the enhancement of the food chain provided by shallow near -shore habitat that has been produced by delta formation, Maintaining some or all of the existing log rafts and pilings in Lake Washington adjacent to the project site, would provide perch and loafing sites to benefit waterfowl. To avoid conflict with mitigation for aquatic species, pilings in deep water areas are the best candidates for retention. Fencing the open space areas to reduce disturbance from domestic animals will enhance wildlife value, Osprey -- Osprey mitigation measures could include relocation of the osprey nest to an artificial structure erected in the project site vicinity, as recommended by WDFW and agreed upon by the U.S. Fish and Wildlife Service (USFWS). A WDFW biologist shall be consulted during relocation of the new nest site, which will occur while the birds are on their wintering grounds. Potential sites for relocation on site include the ripaxian corridor proposed to be established along May Creek. Research has indicated that ospreys will quickly adapt to and use artificial nesting structures (Saurola 1997; Houghton and Rymon 1997). Prolonged exposure to noise during an extended buildout of the site may, however, discourage the existing osprey pair from relocating within open space on-site. Potential mitigation would prohibit the loudest construction noise such as pile driving during the nesting and early fledging period of late April to late July. Aquatic Species - There are a variety of mitigating measures for natural stream and shoreline function that are related closely to the amount of land devoted to mitigation buffers. For this reason, discussion of mitigation is covered below under "Mitigation Through Alternative Buffer Areas." This mitigation addresses such functions as LWD recruitment, bank stabilization/ erosion control, removal of sediments and pollutants, regulation of water temperature through stream shading, bulkheads, artificial light, and public access. Removal of existing in -water structures such as pilings, the existing dock, artd log booms would improve conditions for juvenile salmonids by reducing the arn.ount of existing cover for predators,such as smallmouth bass, and by not interfering with production of aquatic food resources. Mitigation of the adverse impacts of residential dock construction and use can be addressed by a number o of strategies ranging from avoiding construction of docks, reducing the number ''E'er` of docks, and or through specific design and construction measures. =' Avoidance of the impacts of new docks could be addressed by a plat condition prohibiting private dock construction- This would avoid impacts from use of the docks and from dock shading. Such a prohibition could include the implication that property fawners would use commercial moorage at off-site marinas or could provide .for alternative moorage facilities such as mooring buoys or floats located at a distance from near -share habitat. The latter option could include a dingy dock for access to buoys and floats. Such a dock could include the existing sawmill dock at the northern end of the proposed common area (that could be Miligation Document Barbee Mill Prelirninary Plat -1$- reduced in area) or a new, smaller dock more centrally located thatwouldavoid proximity impacts on adjacent residential lots. An option that would reduce impacts, but not prohibit new docks, could involve shared moorage by two or more property owners. In such a case docks could be developed at property lines to serve two adjacent properties, or a single moorage facility could be developed to serve the entire development. Dock construction could include narrower width or materials that allow light penetration. As noted above, long-term use of docks is likely to be hampered by delta formation and could lead to requests by residents to dredge, which would reduce the benefits of natural processes that create shallow shoreline habitat. Alternative Buffer Areas - More extensive buffer areas provide for a wider range of vegetation communities that would support re-establishment of natural characteristics of the Lake Washington shoreline. Buffer areas would reduce long-term and cumulative impacts of residential development of the shoreline, and expand the beneficial use for wildlife and aquatic species. One conceptual scenario (Option A) is proposed .for expanded buffer areas on the Lake Washington shoreline and two (Options A and C) are examined for May Creek: C) Re -orienting the tum -around for Street A on the west side of May Creek from the riparian Corridor to the interior of the project to maintain the 50 -foot setback. d) Additional setbacks on the east side of May Creek near the mouth of the stream where the proposed setback narrows to 15 feet front CHVVM. A 50 -foot setback in this area reduces four proposed town home units to one or two. e) The entire 60 -foot setback would be revegetated with native plant species. For the Lake Washington shoreline, this option is presumed to include the following two components: fj The outer 25 -feet adjacent to the shoreline would provide a vegetation buffer that would include restoration of the shoreline to a more natural condition through; V. Elimination of bulkheads, or reduction in height of existing bulkheads. V;' Limited re -grading to provide a more natural shoreline gradient and providing substrate for plantings near the water. A. Planting of a mix of native vegetation on the shoreline, while preserving some view corridors for adjacent residential development. Viii. Providing passive public access through a pedestrian trail located 10 to 15 feet from the water, with fencing between the trail and waterfront and viewing areas every 100 to 150 feet on the shoreline with benches or other passive features. g) The inner 25 -foot area dedicated to the use of adjacent residences, including yard areas and ornamental landscaping would be oriented to intensive residential use. it wouid provide few benefits to the adjacent shoreline except for distance attenuation of noise and other proximity impacts. This area probably would be used by the subsurface containment walls that are likely to be needed to prevent lateral spreading of potentially Mitigafw Document Barbee Mill Preliminary Plat -15- Denis Law �� �Clty Df Mayor O� Community & Economic Development Department October 26, 2015 C.E."Chip"Vincent, Administrator Mark Selland 4017 Williams Ave N Renton, WA 98056 SUBJECT: "Off Hold" Notice Selland Joint Use Residential Pier / LUA15-000489, ECF, SM Dear Mr. Selland: The Planning Division of the City of Renton accepted the above master application for review on July 7, 2015. During our review, staff determined that additional information was necessary in order to proceed further as noted in the project on -hold letter sent to you dated July 30, 2015. Specifically, we received comments from the Muckleshoot Indian Tribe Fisheries Division and also require an approval for the proposed mitigation planting plan from the Barbee Mill Community Organization. On October 12, 2015 you submitted information as listed below: + Responses to the Muckleshoot Indian Tribe Fisheries Division comments related to the proposed mitigation plantings, the existing shoreline buffer plantings, and clarification of the type of substrate near the subject site. + Approval by the Barbee Mill Community Organization Board of Directors of the proposed and revised mitigation plantings. The submitted information is being sent for a two week review period to interested parties and public agencies. Following the two week period, the above information will allow the continued review of the subject application and for the project to proceed with required Environmental (SEPA) Review. At this time, your project has been taken "off hold." Please contact me at (425) 430- 6593 if you have any questions. Sincerely, Kris Sorensen Associate Planner Renton City Hail . 1055 South Grady Way • Renton, Washington 98057 . rentonwa.gov Mr. Mark Selland Page 2 of 2 October 26, 2015 cc Mark Selland / Owner/Contact/Applicant James Thorpe / Owner Karen Walter, Muckleshoot Tribe/ Party(ies) of Record Enclosures • Exhibit 1: Comments from Muckleshoot Indian Tribes Fisheries Division, dated July 21, 2015 • Exhibit 2: Responses to Muckleshoot comments with Revised Planting Plan, dated October 12, 2015 EXHIBIT 1 Kris Sorensen From: Karen Waiter < KWalter@ muckleshoot.nsn.us> Sent: Tuesday, July 21, 2015 4:35 PM To: Kris Sorensen Cc: Heller, Christa H (DFW) Subject: Selland and Thorp Joint Use Dock - LUA1S-000489, ECF, SM, Notice of Application Kris, Thank you for sending us the complete checklist for the Selland and Thorp new joint use project proposed on Lake Washington within the Barbee Mill Plat site. We have reviewed the project information sent to us with the Notice of Application and offer the following comments: We previously commented on the Barbee Mill plat project and all of the subsequent joint piers to date. In our comments to the Barbee Mill plat, we noted that it would be likely that the shorefront properties would seek moorage facilities and that the EIS should consider a "worse -case" scenario of each lot having their own piers or floating docks considering cumulative impacts from these docks upon juvenile salmon, their habitats, and their predators. At the time, the City indicated there were no plans for moorage structures as part of the plat; therefore, this issue could not be evaluated as part of the plat EIS process. No consideration of potential cumulative impacts from likely future moorage structures was done during the EIS process. Instead, each individual and/or community dock has been reviewed under SEPA; however, it is not apparent how the City has assessed cumulative impacts from these structures upon juvenile Chinook and other salmon. The BE provided for this project does not consider this issue and does not fully consider site specific impacts from the pier because the BE discuss all of the available research and findings about piers and docks in Lake Washington and their impacts upon salmon. The BE, if considered part of the environmental review process by the City, needs to be substantially revised using all of the available information, as well as current research work being conducted by Dr. Roger Tabor from the U.S. Fish and Wildlife Service. Much of the available research can be found within the Synthesis of Salmon Research and Monitoring report along with many other reports which are available at http://govlink.org/watersheds/8/reports/default.aspx. It is time for a cumulative impacts analysis to be conducted for this and the other existing (and proposed) piers associated with the Barbee Mill plat and their impacts sufficiently mitigated. 2. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook. Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on Sheet 8 needs to be revised substantially with native trees and shrubs that will provide overhanging functions. 3. The BE implies that the previous planting plan is providing functions to the shoreline (page 4) ; however, there is no information as to how these plants are actually surviving and what functions they actual provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. 4. More information is needed regarding how the existing substrate conditions provide "favorable habitat for winter rearing of salmon fry" (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and small gravel substrates and avoid larger cobbles (Seattle Public Utilities and US Army Corps, 2008 available at link above). We appreciate the opportunity to review this proposal and look forward to the City's written responses to these comments. Please let me know if you have any questions. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SF Auburn, WA 98092 253-876-3116 From: Kris Sorensen [mailto:KSorensen@Rentonwa.gov] Sent: Tuesday, July 21, 2015 7:42 AM To: Karen Walter; Sabrina Mirante Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Karen I rescanned the checklist which all pages, sorry about the odd scan. I have resent all the same attachments with the one attachment change for the Enviromental Checklist. Thank you for reviewing. Kris Sorensen, Associate Planner, Planning Division, Community & Economic Development; City of Renton, 425-430-6593 From: Karen Walter [mailto:KWalter muckleshoot.nsn.us] Sent: Monday, July 20, 2015 5:50 PM To: Sabrina Mirante Cc: Kris Sorensen Subject: RE: Notice of Application - Selland Joint Use Dock - WA15-000489, ECF, SM Hi Sabrina, We are reviewing the NOA/ODMS-M for the Selland dock project referenced above. it looks like the checklist is incomplete and only the odd pages were copied. Can we get a copy of the complete checklist electronically? Thank you, Karen Walter Watersheds and Land Use Team Leader Muckieshoot Iridian Tribe Fisheries Division Habitat Program 39015 172nd Ave SF Auburn, WA 98092 253-876-3116 From: Sabrina Mirante [mai Ito: SMirante@Rentonwa.govl Sent: Wednesday, July 08, 2015 4:25 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Kris Sorensen Subject: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) 2 A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: July 7, 2015 LAND USE NUMBER: LUA15-000489, ECF, SM PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS -M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non - Significance -Mitigated (DNS -M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: June 26, 2015 NOTICE OF COMPLETE APPLICATION: July 7, 2015 APPLICANT/PROJECT CONTACT PERSON: Mark Selland / 4017 Williams Ave N/Renton, WA 98056 / 858-342- 1393/mselland@dmsolutions.com Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development Permit Other Permits which may be required: Building Permit, Construction Permit Requested Studies: Biological Assessment, Stream/Lake Study 3 Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP -RHD (Residential High Density) on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist; and Biological Evaluation/Lake and Stream Study/Habitat Report. Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • Follow recommendations identified in the Biological Evaluation/take Stream Study/Habitat Report M Construction only during the state Department of Fish and Wildlife approved in -water work periods Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 21, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6598; Eml: ksorensen@rentonwa.gq SadTina Mirante, PCanning Secretary City of Renton I CED I Planning Division 1055 S Grady Way 16th Floor I Renton, WA 98057 Phone: 425.430.6578 1 Fax: 425.430.7300 smirante@rentonwa.gov October 2, 2015 EXHIBIT 2 Kris Sorensen, Associate Planner RECIEVED CED Planning Division 1055 S Grady Way Renton, WA 98057 CITY OF RENTON PUINNING DIVISION Re: "On Hold" Notice - Selland Joint Use Residential Pier / LUA15-000489, ECF, SM Dear Mr. Sorensen, The following is a line item response to information you requested in your letter dated July 30, 2015. The comments that we are responding to are listed in bold italics with our responses below in plain text. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook. Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on sheet 6 needs to be revised substantially with native trees and shrubs that will provide overhanging functions. The planting plan has been revised to include four pacific dogwoods and twenty shrubs total. The pacific dogwoods will be located adjacent to the ordinary high water mark where they will overhang the lake. The Biological Evaluation (BE) implies that the previous planting plan is providing functions to the shoreline (page 4); however, there is no information as to how these plants are actually surviving and what functions they actually provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat, however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. Monitoring reports for the existing shoreline plantings have been included. More information is needed regarding how the existing substrate conditions provide 'favorable habitat for winter rearing of salmon fry" (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and small gravel substrates and avoid larger cobbles Included is a letter from Marine Surveys and Assessments correcting page 5 of the BE. The planting plan will need to receive approval of the homeowners association to assure that the proposed and approved planting plan will be installed. You may already be working on the request although the above comments from the Muckleshoot may require an update of theplan. A written approval from the association is necessary to review and approve the shoreline substantial development permit - Included is the approval of the planting plan from the homeowners association. I hope that all of the above items have been addressed satisfactorily. Please feel free to contact me if you have any questions, or if you require any additional information. Sincerely, Mark Selland (360) 385-4073 marine.surveys.incggmail.com Sit' ESSM% 267 Hudson Street Port Townsend WA 98368 Response to comment #4 in an email from Karen Walter {July 21, 2015} to Kris Sorensen, Associate Planner concerning the Selland Biological Evaluation dated June 8, 2015. From page 5 of the Selland Biological Evaluation dated June S, 2015: The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject property should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. The above quote from page 5 should be revised to read as seen below: The restored sand and gravel substrate and gently sloping bottom in the remediation area to the north should provide favorable habitat for winter rearing of salmon fry. This new restored substrate to the north should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. However, as noted above, the remediation area did not encompass the subject's property and the existing cobble substrate at the subject's properly is not favorable substrate for chinook fry and larger juveniles. d%%.0 ED [)c� 12 2015 CITY OF REwON PLANNING DIVISION Mitigation Planting Monitoring Report for Jaynes Thorp 4023 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report : 10/2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the first and second years after planting shall be met. During the third through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs Scientific Name / Common Name) Original Number Remaining Number Amelanchier Alnifolia/ Serviceberry 1 0 Cornus Stolonifera / Red Twig Dogwood 3 3 Syphoricaos Albus 1 Snowberry 5 5 Vaccinum Ovatum / Ever een Huckleberry 1 3 1 3 One serviceberry will be replanted. RECEIVED DCT 12 2015 CITY OF RENTON PLANNING DIVISION TERRY 3ERVICEBERRY (3) EVERGREEN HUCKLEBERRY r m Mitigation Planting Monitoring Report for Mark Selland 4017 Williams Ave N Renton, WA This is a monitoring report of the mitigation plantings for the Barbee Mill Plat. Date of Report : 10/2/2015 Photographs of the mitigation area have been included along with the original planting plan. 100% survival of all planted trees and shrubs during the fust and second years after planting shall be met. During the third through fifth years after planting, 80% survival shall be met. Individual plants that die shall be replaced in like kind. Shrubs (Scientific Name / Common Name) Original Number Remaining Number Amelanchier Alnifolia/ Serviceberry 1 1 Cornus Stolonifera / Red Twig Dogwood 5 5 Mahonia Aquifolium / Tall Oregon Grape 3 3 Mahonia Nervosa / Low Oregon Grape 5 0 Ribes Sanguineum / Red -Flowering Currant 2 0 Five Low Oregon Grape and two Red -Flowering Currant will be replanted. IncVatic IES OCT 12 2015 CITY OF RENON PLANNING DIVISION I 0 L: PROPOSEI AND BOAT PROP PIS 4 VAU1 HL: UUUVVUUU ( I FILL) N 8 NOOTKA ROSE (SHRUB) © 8 RED -FLOWERING CURRANT (SHRUB) 4 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1"= 20'-0" Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA 1 Sheet 6 of 7 Date: 9/29/2015 NOTE: EXISTING PLANTINGS N ARE SHOWN IN GRAY Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA 1 Sheet 6 of 7 Date: 9/29/2015 EXISTING PLANT LEGEND 0 AMELANCHIER ALNIFOLIA 1 SERVICEBERRY Q CORNUS STOLONIFERA/ RED TWIG DOGWOOD ® MAHONIA AQUI1✓OLIUM /TALL OREGON GRAPE �. MAHONIA NERVOSA 1 LOW OREGON GRAPE 9 RIBES SANGUINEUM / RED FLOWERING CURRANT SYPHORICARPOS ALBUS / SNOWBERRY ® VACCINUM OVATUM / EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS ALLIUM CERNUUM / NODDING ONION ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK FRAGARIA CHILOENSIS / BEACH STRAWBERRY GAULTHERIA SHALLON / SALAL Reference: Applicant: Mark Selland & James Thorp Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 9/29/2015 t 0 C T 1 - 1015 Barbee Mill Community Organization c/o Morris Management Inc. 1000 Station Drive, Suite 130 DuPont, WA 98327 58000046 046 October 01, 2015 NOTICE OF DECISION Mark. Selland 4017 Williams Avenue N Renton INA 98056 RE: 4017 Williams Avenue N. Renton WA 98056 Dear Homeowner: Your Request for Architectural Change has been approved. Specifically, you have approval to proceed with the following: This request for the Selland/Thorp dock, boat houses and landscaping has been approved by the Barbee Mill ACC and the Board with the following stipulations; The dock: 1 Section 5.8.a to obtain all approvals on permits, with the City of Renton, and all other jurisdictions for waterfront building, 2 Section 5.8.b for compliance of a joint easement, to establish agreed upon rules for joint personal use, maintenance, and other uses are followed. 3 Section 5.8.c for size, shape, boat lift and other features to match as closely to the existing docks as possible. The landscaping: 1. The Shoreline exemption request must be approved and provided by the City of Renton 2. Any required permits are obtained from the City of Renton 3. The enclosed iandscaping pian and planting diagrams are followed (using only inose plantings from the recorded native growth area planting list) with the following exception; a. The plan for the 4 shore pines to be planted within close proximity to the adjacent property lines is not approved because of they are not appropriate for small lot, waterfront planting due to size of the trees when they mature. They need to be replaced with 4 `Pacific Dogwoods' [which provide -20 ft canopy] or trees of similar size from the recorded native growth area planting list). 4. Any changes to the rockery or stairway must meet safety, zoning and code standards of the City of Renton 5. HOA maintenance personnel (any/or all) continue to have access to the native growth areas per their contracts as necessary. We reserve the right to make a final inspection of your project to confirm it reflects the Request you submitted for Approval. Please follow the specifications you submitted or submit an additional Request form if you cannot follow the original plan. It is your responsibility to follow all building codes and setback requirements that apply to your project, including obtaining any required permits and related inspections. This approval is based on the aesthetics of your proposed project and should not be taken as any certification as to the construction worthiness or structural integrity of the change you propose. Be aware that you are responsible for contacting the appropriate Utility Companies before digging. We appreciate your cooperation in submitting this Request for Approval. Good luck with your project! Sincerely, Board f Oirectors Barbee Mill Community Organization sely@morrismanagement.com 9129!2015 Subject: FW: Selland/Thorp Pier ACC Approval Request From: Shirley Ely (SEly@morrismanagement.com) Pri nt To: evan@eccodesigninc.com; mselland@dmsolutions.com; thorpproperties@comcast.net; Date: Tuesday, September 29, 2015 10:46 AM Hello there Mr. Wehr, Mr. Selland and Mr. Thorp, I've been instructed by the Architectural Control Committee to relay their decision to you as follows: "Architectural Control Committee Final Recommendation: The dock: Both homeowners submitted their requests together; and there is an issue with the adjacent homeowner who is unwilling to sign because he wants the ACC and board to make the decision is a concern; however this particular homeowner has had several occasions to dispute this request and has not (to date). Therefore, the ACC recommends approval based on both homeowners complying with the following; 1 Section 5.8.a to obtain all approvals on permits, with the City of Renton, and all other jurisdictions for waterfront building. 2 Section 5.8.b for compliance of a joint easement, to establish agreed upon rules for joint personal use, maintenance, and other uses are followed. 3 Section 5.8.c for size, shape, boat lift and other features to match as closely to the existing docks as possible. The landscaping: This request indicates that the homeowners will, at their own expense (ex. 1), utilize the recorded and approved native plants listed for the shoreline native growth area of their property. A professional landscaping plan is attached. This request has been reviewed by the Landscape Committee chair to ensure the current irrigation system would and should be maintained and operational before and after the landscaping takes place. The ACC and Landscape Committee recommend approval of this request subject to following: 1. The Shoreline exemption request must be approved and provided by the City of Renton 2. Any required permits are obtained from the City of Renton 3. The enclosed landscaping plan and planting diagrams are followed (using only those plantings from the recorded native growth area planting list) with the following exception; a. The plan for the 4 shore pines to be planted within close proximity to the adjacent property lines is not approved because of they are not appropriate for small lot, waterfront planting due to size of the trees when they mature. They need to be replaced with 4 'Pacific Dogwoods' (which provide —20 ft canopy] or trees of similar size from the recorded native growth area planting list). 4. Any changes to the rockery or stairway must meet safety, zoning and code standards of the City of Renton 5. HOA maintenance personnel (any/or all) continue to have access to the native growth �a�r as ber their contracts as necessary." OCT 12 2015 CITY OF RENTON h"l/us-mq6.mail.vahco.can/nwAainchWnail PLANNING VVISION 113 912912015 Pri ryt Within 10 days or so our office will mail an ACC Approval Letter to you, however you are welcome to get started with your project anytime you would like. Please let me know if there is anything else I can do for you and I hope you have a wonderful day! Skirlcy E.1y, ARM, CPM, CMCA, AMS, rCAM Association Manager Morris Management, Inc., AA -MIC 425-283-5858, ext. 119 www.motrismanagement.com From: Evan Wehr rmailto:evan(aleccodesi2ninc.coml Sent: Tuesday, September 01, 2015 3:14 PM To: Shirley Ely Cc: bsciine4(c msu.com; Mark Selland; Thorp Properties Subject: Selland/Thorp Pier ACC Approval Request Shirley, Attached is the updated ACC approval request for the Selland/Thorp pier. Please forward this to the architectural control committee. Thank you, evan wehr E C C 0 Architecture & Design 203 N 36th Ste. 261 Seattle, WA 98103 206.706, 3937 r 1 Community & Economic Development Department July 30, 2015 C.E."Ch i p"Vin cent, Administrator Mark Selland 4017 Williams Ave N Renton, WA 98056 SUBJECT: "On Hold" Notice Selland Joint Use Residential Pier j LUA15-0013489, ECF, SM Dear Mr. Selland: The Planning Division of the City of Renton accepted the above master application for review on July 7, 2015. During our review, staff has determined that additional information is necessary in order to proceed further. Specifically, we received comments the Muckleshoot Indian Tribe ' Fisheries Division. A copy of the correspondence is enclosed, Additionally, the homeowners association will need to approve the planting plan. The following information will need to be submitted before October 29, 2015 so that we may continue the review of the above subject application and proceed with the Environmental (SEPA) Review of the project:. • A line item response to the Muckleshoot Indian Tribe Fisheries Division environmental concerns for comment numbers 2, 3, and 4 on the enclosure. Specific comments are below; • "The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook. Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on Sheet 6 needs to be revised substantially with native trees and shrubs that will provide overhanging functions." • "The Biological Evaluation (BE) implies that the previous planting plan is providing functions to the shoreline (page 4); however, there is no information as to how these plants are actually surviving and what functions they actual provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been Renton City Hall • 1055 South Grady Way . Renton, Washington 98057 • rentonwa.gov Mr. Mark Set#and Page.2 of 2 July 30, 2015 received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat." + "More information is needed regarding how the existing substrate conditions provide "favorable habitat for winter rearing of salmon fry" (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and small gravel substrates and avoid larger cobbles (Seattle Public Utilities and US Army Corps, 2008 available at htt:/I ovlink.or /watersheds/8/re orts/default.as x)." • The planting plan will need to receive approval of the homeowners association to assure that the proposed and approved planting plan will be installed. you may already be working on the request although the above comments from the Muckleshoot may require upstate of the plan. A written approval from the association is necessary to review and approve the shoreline substantial development permit. We recommend consultation with the concerned Tribes as part of this process. Please note that the responses requested should be prepared by a qualified consultant. At this time, your project has been placed "on hold" pending receipt of the requested information. Please contact me at (425) 430-6593 if you have any questions. Sincerely, Kris Sorensen Associate Planner cc' Mark Selland / Owner/Contact/Applicant James Thorpe / Owner Karen Walter, Muckleshoot Tribe/ Party(ies) of Record Enclosures Kris Sorensen From: Karen Walter <KWalter@muckleshoot.nsn.usn Sent: Tuesday, July 21, 2015 4:35 PM To: Kris Sorensen Cc: Feller, Christa H (DFW) Subject: Selland and Thorp Joint Use Dock - LUA15-000489, ECF, SM, Notice of Application Kris, Thank you for sending us the complete checklist for the Selland and Thorp new joint use project proposed on Lake Washington within the Barbee Mill Plat site. We have reviewed the project information sent to us with the Notice of Application and offer the following comments: We previously commented on the Barbee Mill plat project and all of the subsequent joint piers to date. In our comments to the Barbee Mill plat, we noted that it would be likely that the shorefront properties would seek moorage facilities and that the EIS should consider a "worse -case" scenario of each lot having their own piers or floating docks considering cumulative impacts from these docks upon juvenile salmon, their habitats, and their predators. At the time, the City indicated there were no plans for moorage structures as part of the plat; therefore, this issue could not be evaluated as part of the plat EIS process. No consideration of potential cumulative impacts from likely future moorage structures was done during the EIS process. Instead, each individual and/or community dock has been reviewed under SEPA; however, it is not apparent how the City has assessed cumulative impacts from these structures upon juvenile Chinook and other salmon. The BE provided for this project does not consider this issue and does not fully consider site specific impacts from the pier because the BE discuss all of the available research and findings about piers and docks in Lake Washington and their impacts upon salmon. The BE, if considered part of the environmental review process by the City, needs to be substantially revised using all of the available information, as well as current research work being conducted by Dr. Roger Tabor from the U.S. Fish and Wildlife Service. Much of the available research can be found within the Synthesis of Salmon Research and Monitoring report along with many other reports which are available at http://Qovlink.org/watersheds/S/reports/default.aspx. It is time for a cumulative impacts analysis to be conducted for this and the other existing (and proposed) piers associated with the Barbee Mill plat and their impacts sufficiently mitigated. 2. The planting plan for this project is inadequate as there are no species proposed that will provide direct overhanging functions along the shoreline preferred by juvenile Chinook. Potentially, the two shore pines proposed could do so but they are set back from the bulkhead and will provide limited overhanging functions as a result. The shoreline planting plan shown on Sheet 6 needs to be revised substantially with native trees and shrubs that will provide overhanging functions. 3. The BE implies that the previous planting plan is providing functions to the shoreline (page 4) ; however, there is no information as to how these plants are actually surviving and what functions they actual provide to the shoreline, particularly overhanging functions. We have been requesting monitoring plans for the shoreline planting work which was required as mitigation for the plat; however, no plans have been received to date. It is our understanding that the City does not have copies of these monitoring plans as they have not been provided to the City. Again, we would appreciate a copy of all existing monitoring plans completed for the shoreline planting mitigation work that was required for the Barbee Mill plat. 4. More information is needed regarding how the existing substrate conditions provide "favorable habitat for winter rearing of salmon fry' (BE, page 5), particularly the cobble sized substrate described at the site. These statements contradict the findings from the Lake Washington research which notes that both Chinook fry and larger juveniles prefer sand and small gravel substrates and avoid larger cobbles (Seattle Public Utilities and US Army Corps, 2008 available at link above). We appreciate the opportunity to review this proposal and look forward to the City's written responses to these comments. Please let me know if you have any questions. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave Sir Auburn, WA 98092 253-876-3116 From: Kris Sorensen [mailto:KSorensen@Rentonwa.gov] Sent: Tuesday, July 21, 2015 7:42 AM To: Karen Walter; Sabrina Mirante Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Karen — I rescanned the checklist which all pages, sorry about the odd scan. I have resent all the same attachments with the one attachment change for the Enviromental Checklist. Thank you for reviewing. (Cris Sorensen, Associate Planner, Planning Division, Community & Economic Development, City of Renton, 425-430-5593 From: Karen Walter[maiIto: KWalter@muckleshoot.nsn.us] Sent: Monday, July 20, 2015 5:50 PM To: Sabrina Mirante Cc: Kris Sorensen Subject: RE: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM Hi Sabrina, We are reviewing the NOA/ODNS-M for the Selland dock project referenced above. It looks like the checklist is incomplete and only the odd pages were copied. Can we get a copy of the complete checklist electronically? Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015 172nd Ave SE Auburn, WA 98092 253-878-3116 From: Sabrina Mirante(ma ilto:SMIra nteCcbRentonwa;gov] Sent: Wednesday, July 08, 2015 4:25 PM To: DOE; DNR; Erin Slaten; Karen Walter; Laura Murphy Cc: Kris Sorensen Subject: Notice of Application - Selland Joint Use Dock - LUA15-000489, ECF, SM NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED (DNS -M) 2 A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: July 7, 2015 LAND USE NUMBER: LUA15-000489, ECF, SM PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with, a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS -M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the.Threshold Determination of Non - Significance -Mitigated (DNS -M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION DATE: June 26, 2015 NOTICE OF COMPLETE APPLICATION: July 7, 2015 APPLICANT/PROJECT CONTACT PERSON: Marls Selland / 4017 Williams Ave N/Renton, WA 98056 / 858-342- 1393/mselland@dmsolutions.com Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development Permit Other Permits which may be required: Building Permit, Construction Permit Requested Studies: Biological Assessment, Stream/Lake Study 3 Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP -RHD (Residential High Density) on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist; and Biological Evaluation/Lake and Stream Study/Habitat Report. Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. 0 Follow recommendations identified in the Biological Evaluation/Lake Stream Study/Habitat Report 0 Construction only during the state Department of Fish and Wildlife approved in -water work periods Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 21, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 430-6598; Eml: ksorensen@rentonwa.go Sabrina Mirante, Planning Secretary City of Renton I CED I Planning Division 1055 S Grady Way 16th Floor I Renton, WA 98057 Phone: 425.430.6578 1 Fax: 425.430.7300 smirante@rentanwa.gov Renton %J Agencies Selland Joint Use Dock See Attached Mark Selland Owner James Thorp Applicant See Attached 300" Surrounding Properties (Signature of Sender): STATE OF WASHINGTON )\�j SSS*.�������t��sll COUNTY OF KING ) ���� �.l- PoI OV I certify that i know or have satisfactory evidence that Sabrina Mirante =yam �OTA��p�tl� signed this instrument and acknowledged it to be his/her/their free and voluntary�c0dr the Uses arQ�urp9ses mentioned in the instrument. �%� Date �C9 `?_ Dated: ap rl0,i .. �o#iry P blic in and for the State of Washing3biii Notary (Print): My appointment expires: ,Zqf )_01 7 a Selland Joint Use Dock _._ LUA15-000489, ECF, SM template - affidavit of service by mailing AGENCY (DOE) LETTER MAILINu (ERC DETERMINATIONS) Dept. of Ecology ** Dept. of Ecology ** Muckleshoot Indian Tribe Fisheries Dept. ** Environmental Review Section Attn: Misty Blair Attn: Karen Walter or SEPA Reviewer PO Box 47703 PO Box 47703 39015-172 nd Avenue SE Olympia, WA 98504-7703 Olympia, WA 98504-7703 Auburn, WA 98092 WSDOT Northwest Region * Duwamish Tribal Office * Muckleshoot Cultural Resources Program ** Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Laura Murphy King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Muckleshoot Cultural Resources Program ** Seattle District Office Environmental Planning Supervisor Attn: Erin Slaten Attn: SEPA Reviewer Ms. Shirley Marroquin 39015172 nd Avenue SE PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 Auburn, WA 98092-9763 Seattle, WA 98124 Seattle, WA 98104-3855 Boyd Powers *** WDFW - Larry Fisher* Office of Archaeology & Historic Preservation* Depart. of Natural Resources 1775 12th Ave. NW Suite 201 Attn: Gretchen Kaehler PO Box 47015 Issaquah, WA 98027 PO Box 48343 Olympia, WA 98504-7015 Olympia, WA 98504-8343 KC Dev. &. Environmental Serv. City of Newcastle City of Kent Attn: SEPA Section Attn: Tim McHarg Attn. Acting Community Dev. Director 35030 SE Douglas St. #210 Director of Community Development 220 Fourth Avenue South Snoqualmie, WA 98065 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 98056 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Wendy Weiker, Community Svcs. Mgr. Jack Pace, Responsible Official Gary Kriedt 355110'h Ave NE 6200 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 Mailstop EST 11W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98004 Seattle Public Utilities Puget Sound Energy Timothy C. Croll, Doug Corbin, Municipal Liaison Mgr. Attn: SEPA Responsible Official 6905 South 228t4 St 700 Fifth Avenue, Suite 4900 Kent, WA 98032 PO Box 34018 Seattle, WA 98124-4018 *Note: If the Notice of Application states that it is an 'Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunitj2ecy.wa.goy ** Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us Laura.murphygDmuckleshoot.nsn_us� erin.slaten@muckleshoot.nsn.us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.eov template - affidavit of service by mailing James Thorpe Mark Selland MARK SELLAND 4023 Williams Ave N 4017 Williams Ave N 4267 Williams Ave N Renton, WA 98056 Renton, WA 98056 Renton, WA 98056 518500450 518501060 518500370 BARBEE MILL WATERFRONT LLC BARRANS-STEN HOUSE CARLA J BEEM GARY+BRENDA 555 S RENTON VILLAGE $570 PL 4071 WELLS AVE N 4119 WILLIAMS AVE N RENTON, WA 98057 RENTON, WA 98056 RENTON, WA 98056 518500410 BITNEY JONELL M+WILSON FARR 4063 WILLIAMS AVE N RENTON, WA 98056 518500380 DAWSON MARTHA J+CORBELL RON 4113 WILLIAMS AVE N RENTON, WA 98056 518500430 BOHLING ALAN W+NANCY A 4051 WILLIAMS AVE N RENTON, WA 98056 518500480 DICERCHIO RICHARD+CHRISTINE 4005 WILLIAMS AVE N RENTON, WA 98056 518500400 518500470 GOODMAN HOWARD+ELLEN KAMPEL JIANG PENG 4101 WILLIAMS AVE N 4011 WILLIAMS AVE N RENTON, WA 98056 RENTON, WA 98056 518500390 KESKAR DINESH A+MEDHA D 4107 WILLIAMS AVE N RENTON, WA 98056 518501050 LANE BRET - 5301 NE 17TH PL RENTON, WA 98059 518501000 OYER RONALD D+HENRIETTA S 4021 WELLS AVE N RENTON, WA 98056 3342700005 THE LAKE HOUSES AT EAGLE CO PO BOK 359 RENTON, WA 98057 518500490 VASILE-HILL DEBORAH A 4106 WILLIAMS AVE S RENTON, WA 98056 518501020 KINDRA BALBIR S+RANI K 4033 WELLS AVE N RENTON, WA 98056 518500360 LEE SCOTT L+QUYEN T 4125 WILLIAMS AVE N RENTON, WA 98056 518501030 RESHAUR LISA 4053 WELLS AVE N RENTON, WA 98056 518501150 THE LAKE HOUSES AT EAGLE CO PO BOX 359 RENTON, WA 98057 518500440 WU CHARLES L+ELAINE L 4029 WILLIAMS AVE N RENTON, WA 98056 518501070 BROWN BRADLEY M+JANE E 4075 WELLS AVE N RENTON, WA 98056 518501010 FRAGNOLI DELLANIE P+COLLINS 4027 WELLS AVE N RENTON, WA 98056 518500420 JOOS DESNEE M 4057 WILLIAMS AVE N RENTON, WA 98056 3224059005 KING COUNTY -PARKS 500 4TH AVE #830 SEATTLE, WA 98104 518500990 MITCHELL MARVIN J+MARY M 4015 WELLS AVE N RENTON, WA 98056 518500460 SELLAND MARK 4017 WILLIAMS AVE N RENTON, WA 98056 518501040 THRAMER THOMAS J+NANCY S 4059 WELLS AVE N RENTON, WA 98056 CITY OF eton0' NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON -SIGNIFICANCE -MITIGATED tDNS-Mt A Mars¢. nppbudonhu bee„ Ned and acupted who she D•rerlmmt of Community B Ecws d0eyelopmenc ICm1- Plannin Ddadon If the aty or R- The rdlimin thistly dercrlb¢• Ne epPlEatbn and the nemre" Public APPIny165, DATE OF NonCE DF "Oft"TImT 111, 7, 2015 L eou rNh M BER .VAL5400489, ELF,W PRO]EUNAME: 5,111 light Um Dod PRI R VE5 191101h: The IPs Ic Is requestin[ Eloi end" PEP") AeWrw and approvd of a Shoreline Substan[W OeuNOPmmL Permit fs,the pd,hf, Uh et an B34f wn loin, un pier Pb Lon fin-EWndId9 hoar IHts N msaualion •.Ito two sligk Family hem!! on Ne lhnre or Ul a Wash"11 n, a Sha,eww of NNewde StgniRcame. The proposed Oahleo site a Ps#s two Ishe 11.634 .-it 5,571 square P110 with I'It" are! x111.205 square f- he the PAA mne, Ce,_ssn malehlks would he Irmwe,od m Ni see M hero. phot slma PIIu are pd,dsed Lo Pe insolled try a bas[h,hed nb,,I,q OEe drM`1 Thepier w¢Wtl nZ fully grated tlrvflow decYln[,4 tlogk'Ighks wneectM m 1017 wllllamP Ay1 H, and a do,; 11 dderat the ware sward The The 011111nl is armored with I crate and steN hulbheed and III1'ndw'rd seWgn M N1 pier would he,supported W Cse "'gin cpltaeu hWNheed Ah eyitun8 sherM cmarel! coir wditway w,add provide'cast threulh Ne veptatlen buffer along the shos Ninl. Nina nNn! ShwM will b! added aNnE th1 wntrel! bulNhotl char -No' N • sdlllpn Ip lvq Shoo PNu 0ed'• pralem mltiptbn. the Ipplkanr submllted d B�NOlial Eraw[pn11zY1'nd Stream Srutly Repent PRoJERi.0mv ON: 601784x25 Wi111. ma A -N u"o1 0ErS11MIXATI ON OF NON-51GNIFrau4 Mr,"no IONSMI: JLs 0i, Lead Alma. the CIM or se ­has de[ermlhed d -t -PIP-h, malnnmedW Impam are uhliiesy to I= from xhe psopood plpfect- Th­f­ aP permhdd undm the RCP! 43.21C.110, the Lip Of A_, la usNt[ the 00qul DNSM process Lo Ilya note' Lhat a 0N5 -M !c IiNc4V to "=d. Comment periods for he proles aM the Orepoud DN5-M - NI.I.L d Ince a ships1n1 Period. ll be na cemrnxst oohed fellewN[ the hs. ­hl tM rM1r¢shottl Oeonninadon of Nam signiriunce-MRtpod IONHyIf. Tgis ensu G Ne Doty oppertunky m comnseht oo th1 emwmnmenol I.npas (,K, prhpeul. A]4dryaltPe+Ip•ripdwd fellow the lssuana of lne ONSM. PERMIT APPLNi110hi DAR: lune 26. 2055 NO71EE OF [OMPIeTE IPBIIGTDN: lu" 7, loss APPUCANTJ PROJECT 0DWAIU PERSON: MarlsS tihsi Jalol7 WKY""AwW"'sv,,WA9BU.6jB5B-Bl3- 13gVhsseM1d@dmpludq mm v iWaidde a RpuesMd= EmBmmenbl ISEPIU R•M1w, 5hsnellM SubmrWal OreNopmeM p¢nnh Oche, P" bwFkh may b• nr 'well Bukf Per,rd4 U mb_k. Perch uyayyd Slutlln: Rlol, IAyNmem, Sl,hii,I Me iwdy If you _,Jd like to be made d [tlh, of resatd le Ieceh,e Ivrthm Inlormadan on Ihis proposed prolesl cpnpine lob form andretu„ t rp--Iry NReadan, CEO- PI'nnin[Dlr,don, 1055 So. Grh V W3V, Raton, WABB061. Namel Fiie ran.' Se',lantl Joint Us! 7oryf L4A15 W WB9, E[T, SM NAME: •4alurir, nDDAEss crv75sage7np -E:EPXONE NO: clTv aF l enton U Loudonwhen IppNatlpn may be,euiewed: oepartm•nt of �mm " OEralsomtc De,611 ms JUDI-P11whil IDIOM— 51 plod, Renton CIp7N•II, IDSSSPu e,edy Way, Renton,WA 94057 CONStI!7Ma OVERYIEW: Sonlhg Ladd We: The sublea 1.1111 dlslrha9ed[OMPFRD(Relldenti•IHI[h orns11y1 o� the Cry of Renren Lemprehensire Land l Map Ihd R-10on she VWs Zpnmr, M.P. Emlm„mehal Dowmmh Ihet Er•Iwe• SM lrepe'eIi Frpllcfi Ehyilenm¢nIa1 I9EPAI Chetldsl: and 6bd,.,ej EualuarNn/lsY•Ihd 5lre•m Study/XaMlat Peport. od•Iopmrq dMidged Ut1d Ftt PtnJ•C Mitlptlm: Th! pmlect will be rubNN [o the GNr $EEA erd4nana, RMC 4-3-090 ShmNlvn Metter Poss hem R,,,Ie bn; 44479 Ercdr eshbi freed"i A -P190 5hurtlles ft hh d mother ipp iable codes Intl relubdene -1 appcprface Prepm•d MNlpdpn M ewn': The is 1pwin[ MI IVI.- Measures wit like" be imposed en Lha proposed polio Theo remmm¢oded Min EIMussae Idd� a,hyect impacts not <owerttl by ecbtln/modes and o[ubtlom Is liked ab¢n_ • Fa Naw nrommndoavns identljhdMN•gkbpfoofEnluosbn/EOFe S4Ya+s reedy/Nobfhd flapwt • [wuhwNeeo'*Y dudnP dvatrte DeP�^mnt0.f psh and YNMJIfe pPPro+bfmwerm lwBAe,fosb on tla'ebwr appfbtlen martd suhmldltl In errl[hrr to IfW Shrwum, Aso hPlmnm,CSD-Pbmin[ 0�ultlon, x055 SON" Coady Was,, Rmmn, WA 91657, hY 5:90 PM en w" 11, 3015. IIf Yqv hale Nue6mns atom Mh pesal,a whh to be made a paMof, hdandr 11,e,'tldl lienal ­ng[dl by mail,-hI the Prolal M.d.l. 4ya.ewho suhmio w4n1n co mments IoN aumm ANbecomea Party of record end wlil be mdhedof,,y de:hidn en 9Ns Dialog Ampi fth•Iubaequenl lh[esh0ld deteenln•Ilpn lsarMsI a "I'M. CONTACI-PERSON: Kris Sorensen, Associate Planner, Tel: {425) 430-6598; Erni: ksorensen@rentonwo.gov PLEASE INCLTJOEiHE PROJECT NIJM11ER WHEN CAW NG FOR PROPER FILE 14ENTEFICATION CERTIFICATION .r� ° I, s,hereby certify that copies of the above document were posted in conspicuous places or nearby the described property on Date:Signed: STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Notary Public in and for the State of Washington Notary (Print): My appointment expires: Denis Law -- Mayor _city Q �Zy Or �� aVINIV Community & Economic Development Department July 7, 2015 C.E."Chip"Vincent, Administrator Mark Selland 4017 Williams Ave N Renton, WA 98056 Subject: Notice of Complete Application Selland Joint Use Dock, LUA15-000489, ECF, SM Dear Mr. Selland: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on July 27, 2015. Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-6593 if you have. any questions. Sincerely, �Ir Kris Sorensen Associate Planner cc: James Tharp / Owner(s) Renton City Hall • 1055 South Grady Way . Renton, Washington 98057 . rentonwa.gorr CITY OF -%'ne Arx NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS -M) A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) — Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: July 7, 2015 LAND USE NUMBER: LUA15-000489, ECF, SM PROJECT NAME: Selland Joint Use Dock PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80 -foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a 5horeiine of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) with a total area of 11,205 square feet in the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge -mounted vibratory pile driver. The pier would have fully grated thruflow decking, 4 dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead and the landward section of the pier would be supported by the existing concrete bulkhead. An existing shared concrete stair walkway would provide access through the vegetation buffer along the shoreline. Nine native shrubs will be added along the concrete bulkhead shoreline in addition to two Shore Pine trees as project mitigation. The applicant submitted a Biological Evaluation/Lake and Stream Study Report. PROJECT LOCATION: 4017 & 4023 Williams Ave N OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, MITIGATED (DNS -M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS -M process to give notice that a DNS -M is likely to be issued. Comment periods for the project and the proposed DNS -M are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of NDn- Significan ce-Mitigated (DNS -M). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14 -day appeal period will follow the issuance of the DNS -M. PERMIT APPLICATION HATE: June 26, 2015 NOTICE OF COMPLETE APPLICATION: July 7, 2015 APPLICANT/PROJECT CONTACT PERSON: Mark Selland / 4017 Williams Ave N/Renton, WA 98056 / 558-342- 1393/mselland@dmsoiutions.com Permits/Review Requested: Environmental (SEPA) Review, Shoreline Substantial Development Permit Other Permits which may be required: Building Permit, Construction Permit Requested Studies: Biological Assessment, Stream/Lake Study If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED — Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Selland Joint Use Dock/ LUA15-000489, ECF, SM NAME: MAILING ADDRESS: TELEPHONE NO.: City/State/Zip: 11 T�F .tv ---,m����Renton L°NTO. Location where application may be reviewed: Department of Community & Economic Development (CED) — Planning Division, Sixth Floor Renton City Hail, 1055 South Grady Way, Renton, WA 98057 CONSISTENCY OVERVIEW: Zoning/Land Use: The subject site is designated COMP -RHD (Residential High Density) on the City of Renton Comprehensive Land Use Map and R-10 on the City's Zoning Map. Environmental Documents that Evaluate the Proposed Project: Environmental (SEPA) Checklist; and Biological Evaluation/Lake and Stream Study/Habitat Report. Development Regulations Used For Project Mitigation: The project will be subject to the City's SEPA ordinance, RMC 4-3-090 Shoreline Master Program Regulations; 4-9-070 Environmental Review; 4-9-190 Shoreline Permits and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. ■ Follow recommendations idendfled in the Biological Evaluation/Lake Stream Study/Habitat Report • Construction only during the state Department of Fish and Wildlife approved in -water work periods Comments on the above application must be submitted in writing to Kris Sorensen, Associate Planner, CED — Planning Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on July 21, 2015. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. A copy of the subsequent threshold determination is available upon request. CONTACT PERSON: Kris Sorensen, Associate Planner; Tel: (425) 438-6598; Eml: ksorensen@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: ADDRESS: CITY: ZIP:?P) 05 b TELEPHONE NUMBER: lQ` APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME: %aAk 5e 164. COMPANY (if applicable): ADDRESS: p��j � j c q01'7��lf ( 1 i cv11 s f z CITY: ZIP: lV TELEPHONE NUMBER AND EMAIL ADDRESS: 4 - iia �S t 6011 PROJECT INFORMATION PROJECT }OR DEVE OPM (EENT NAME: PROJECT/ADDRESS(S)ILOCATIQN AND ZIP CODE- KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): EXISTING LAND USE(S Lost, .rr Ae',' PROPOSED LAND USE(S):-- A)U 6Ltc� EXISTING COMPREHENS E PLAN MAP DESIGNATION: G0fL PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: PROPOSED ZONING (if applicable): SITE AREA (in square feet): SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NUMBER OF PROPOSED LOTS (if applicable) i NUMBER OF NEW DWELLING UNITS (if applicable): III hltp:*rcnumwa.gnvhiplu�ulc�ll�ikr'Laurincw�-Y13N4V.'[]FiVSiiliViFnRMS PLANNIIVG:inaster�pp.�lnc PROJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicab(e); SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): ION (continued PROJECT VALUE:, 1 IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUI FIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. �ORELISTREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY Attach legal description on separate sheet with the following information included SITUATE IN THE �_QUARTER OF SECTION TOWNSHIP,2& RANGE r, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) -,declare under penalty of perjury under the laws of the Slate of Washington that I am (please check ane) the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature wnerl epresentative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) ) SS COUNTY OF KING I certify that I know or have satisfactory evidence that flw� k+4fj 1 signed this instrument and acknowledge it to be hislherltheir free and voluntary act for the uses and purpose mentioned in the instrument. " 2PIT Dated `011111l14't f C,I�IIAEL GMo R S%ON I'll • http: 'rcnumK;i.guv:rlu 1 .'-i3OF Was%���1• 11IIIIIli1t Notary (Print);., %IbS L14 MW _.. My appointment expires: 10 Mo f'- o*It FORMS _I'LAN 41u(; tna.tcrapp.doc City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: James Thorp ADDRESS: 4023 Williams Ave. N CITY: Renton, WA ZIP: 98056 TELEPHONE NUMBER: 206-459-0674 APPLICANT (if other than owner) NAME: Mark Selland COMPANY (if applicable): ADDRESS: 4017 Williams Ave N CITY: Renton ZIP: 98056 TELEPHONE NUMBER: 858-342-1393 CONTACT PERSON NAME: Mark Selland COMPANY (if applicable): ecoo design inc. ADDRESS: 4017 Williams Ave N CITY: Renton, WA ZIP: 98056 TELEPHONE NUMBER AND EMAIL ADDRESS: 858-342-1393 mselland@dmsolutinns.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Selland Pier PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: 4017 & 4023 Williams Ave. N Renton, WA 98056 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 0518500450 0518500460 EXISTING LAND USE(S): Residential PROPOSED LAND USE(S): No Change EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: GOR PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) EXISTING ZONING: R-10 PROPOSED ZONING (if applicable): SITE AREA (in square feet): 11,205 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable) NUMBER OF PROPOSED LOTS (if applicable) NUMBER OF NEW DWELLING UNITS (if applicable): JUL 01 20"j C.IUsers\Thorp PropertieslAppData\LocallMicrosotilWindowsl l'emporary Inlernet FileslContent.Outlookl6UOKG IRMThorp laud use master app.duc - I - r-ROJECT INFORMAT NUMBER OF EXISTING DWELLING UNITS (if applicable): 1 each lot E SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): IUN Ilcontinuecl PROJECT VALUE: $100,000 I IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFIER PROTECTION AREA ONE ❑ AQUIFIER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq, ft. ❑ HABITAT CONSERVATION sq_ ft. SHORELINE STREAMS & LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN THE NW QUARTER OF SECTION 32 , TOWNSHIP 24 N , RANGE 5 E , IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Namels) _J Gc "'Y s / �af� declare under penalty of perjury under the laws of the State of Washington that f am (please check one) —4 the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained ;�� information herewith are in all respects true and correct to the best of my knowledge and belief. Signat re of Owner/Representative Date Signature of Owner/Representative Date STATE OF WASHINGTON ) SS COUNTY OF KING } f (� I certify that I know or have satisfactory evidence that `J fx i Leo' f T signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. �I i V�� Dated Notary Public in and for the State of Washington Notary Public Notary (Print): C Y) ! l L L l l t L State of Washington DEVIN NICOLE COOK My Appointment Expires May 24, 2017 My appointment expires: I C1UserslThorp PropertieslAppDatalLocallMicrosoftlWindowslTemporary Internet FIIes1,C0ntenL0utlook16U0KG I RB\Thorp land use master app.doc - 2 - DEPARTMENT OF COMMUNITY Citpaf." AND ECONOMIC DEVELOPMENT t r? WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Arborist Report4 Biological Assessment 4 Calculations, Colored Maps for Display 4 _ S Construction Mitigation Description 2AND4 Deed of Right -of -Way Dedication , Density Worksheet 4 Drainage Control Plan 2 , Drainage Report Z Elevations, Architectural3ANE)4 Environmental Checklist 4 Existing Covenants (Recorded Copy) IAND4 Existing Easements (Recorded Copy) 1AND4 Flood Hazard Data4 Floor Plans 3AND4 Geotechnical Report2AND3 Grading Elevations & Plan, Conceptual 2 Grading Elevations & Plan, Detailed z _ a Habitat Data Report 4l , Improvement Deferral ze �. Irrigation Plan4 PROJECT NAME: 5e lland YoIh--f ,7 5-e Doc -k DATE: 6 2 6 5 1 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalregs.docx Rev, 02/2015 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: King County Assessor's Map Indicating Site 4 Landscape Plan, Conceptual a Landscape Plan, Detailed Legal Description 4 Letter of Understanding of Geological Risk 4 Map of Existing Site Conditions M a ste r Ap pli catio n Form Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Overall Plat Plan 4 Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTS) 4 L Post Office Approval 2 Plat Name Reservation 4 Plat Plan 4 Preapplication Meeting Summary4 Public Works Approval Lettere Rehabilitation Plan a Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2AND4 Stream or Lake Study, Standard Stream or Lake Study, Supplemental Stream or Lake Mitigation Plan 4 Street Profiles 2 Title Report or Plat Certificate 1AND4 Topography Maps Traffic Study 2 7 Tree Cutting/Land Clearing Plan 4 Urban Design Regulations Analysis4 r Utilities Plan, Generalized 2 5 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 H:\CED\Data\Forms-Termlates\Self-Help Hand outs\Planning\Waiversubmittalregs.docx Rev: 02/2015 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED BY: MODIFIED BY: COMMENTS: Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2AND 3 Inventory of Existing Sites 2AND 3 Lease Agreement, Draft 2AND 3 Map of Existing Site Conditions 2AND 3 Map of View Area 2AND 3 Photosimulations 2AND3 This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalregs.docx Rev: 02/2015 Pro'ect Narrative Selland/Thorp Pier The proposed project is to install a new joint use pier with two boat lifts for the properties located at 4017 and 4023 Williams Avenue North in Renton Washington. A shoreline substantial development permit and environmental review are required from the City of Renton. The project site and adjacent properties are zoned as Residential I Odu/ac (R-10). The project site is on the shoreline of Lake Washington and is approximately 190' from May Creek. The shoreline is armored with a concrete and steel bulkhead. Mark Selland is the owner of the property at 4017 Williams Avenue North. James Thorp is the owner of the property at 4023 Williams Avenue North. Both properties are single family residential lots that have existing single family houses. The proposed pier will be 400 square feet in area and will be fully grated. It will have a 4' by 40' walkway from shore and a 6' by 40' walkway that extends out to 80' from the OHWM. Two 4" diameter steel piles, four 8" diameter steel piles, and two 10" diameter steel piles will be driven by a barge -mounted vibratory pile driving system to support the pier. The landward section of the pier will be supported by the existing concrete bulkhead. Two free standing boat lifts will be installed at the pier. A dock ladder will be installed at the end of the pier. The estimated fair market value of the project is $100,000. Per Renton Municipal Code section 4-6-030 E. 1. a. a drainage control plan is not necessary because the area of the pier is 400 square feet which is less than the 2,000 square foot threshold. There is an existing concrete stair walkway that ends where the pier will connect to land. Nine native shrubs and two Shore Pine trees will be planted along the shoreline. Construction Mitigation Description Selland/Thorp Pier Construction Dates : The date of construction will depend on when the necessary government approvals for the lift are issued. Construction of the pier and the installation of the boat lifts will only take approximately two weeks to complete. The in water work window at the site is open from July 16th through December 31St. The work will be completed during the work window opening in either late 2015 or July 2016. Hours and Days of Operation: The work will take place during the City of Renton's typical hours of construction which are 7:00 am through 10:00 pm Monday through Friday and 9:00 am through 10:00 pm Saturday and Sunday. Proposed Haulin /Trans ortation Routes: The materials will be brought to the site by a barge by way of Lake Washington. Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics: Work will take place only during allowed hours of operation. Erosion will not be caused by the project. There will be elevated levels of noise from construction during the installation of the piles. Special Hours Proposed for Construction: No special hours are proposed for construction. Preliminary Traffic Control Plan: Traffic control is not necessary for the project. JUL 01 2M LAKE WASH INGT( N �Qv l V• �L m "` Eastside kai�Garsidur " Qp� Renton tiA< �P � JO- �� .. N 40TH ST. C7 6 293E NEIGHBORHOOD DETAIL MAP SCALE 1" = 200' 0 500 FT JA () i. Design Standards Joint Use and Community Docks Code sections are listed in bold and project information is listed below each code section in plain text. WHEN ALLOWED A joint use dock may be constructed for two (2) or more contiguous waterfront properties and may be located on a side property line, or straddling a side property line, common to both properties or be provided with an access easement for all lots served. Joint use docks or piers serving more than four (4) residences shall be regulated as marinas. The pier will be between two contiguous waterfront properties. The pier will straddle a side property line common to both properties. LENGTH — MAXIMUM Docks and Piers - Minimum needed to provide moorage for the single family residences or community being served. Maximum: 80 ft. from OHWM. The proposed pier will be 80 feet in length. Ells and Fingers - 26 feet. The proposed ell is 26 feet in length. WIDTH - MAXIMUM Docks and Piers. - 6 feet. The pier walkway will be 4 feet wide for the first 40 feet from the shore and will be 6 feet wide from 40 feet to 80 feet from shore. Ells — 6 feet. The proposed ell will be 6 feet in width. JUL 01 ZOIC SETBACKS — MINIMUMS Side Setback — No portion of a pier or dock may lie closer than 5 feet to an adjacent property line and may not interfere with navigation. The proposed pier and boat lifts will be 13' or greater away from the adjacent property line and will not interfere with navigation. (360) 385-4073 521 Snagstead Way marine,surve 5Joc%o mail.corri ! "" '- Pori Towriser�d WA 98368 Y .. V ADDENDUM to Biological Evaluation/Lame and Stream Study Report Dated June 8th, 2015 June 30d, 2015 For: Selland Pier, Ramp, and Float Project 4017 Williams Ave. N. Renton, WA 98056 No -Net -Lass Statement In order to protect the ecosystem in the area of the proposed pier, ramp, and float, a number of conservation measures are proposed (Section E in original report). For this project the conservation measures are as follows 1. The first 40' of the fully grated pier will only be 4 -feet wide. 2. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minimize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. Piles will be driven using a vibratory pile driver to practical refusal. 5. Construction will take place during authorized in water work windows designed to protect listed species and/or critical habitat (July 16 — Dec. 31). 6. Two trees and nine shrubs will be planted in addition to the existing native plants seen in Figures 6 and 7 of the original report. As stated in the original report the determination of effects for ESA species in the area are provided below: 1. Puget Sound Chinook — "May affect, not likely to adversely affect" 2. Bull Trout— "May affect, not likely to adversely affect" 3. Puget Sound Steelhead — "May affect, not likely to adversely affect" 4. Marbled Murrelet "No effect" All measures have been taken to avoid and minimize potential impacts resulting from the proposed project. In consideration of the unlikely impact to ESA species as well as the proposed conservation measures suggested above to protect and enhance the habitat, we determine that no -net -loss of ecological function will result from this project's unavoidable impacts due to its' water dependent use. Thank you for the opportunity to addend and comment on this project. Please do not hesitate to contact us if you have any questions or comments. Sincerely, Nam Siu iNlarine Biologist and Project Manager Marine Surveys & Assessments PLANNING DIVISION ENVIRONMENTAL CHECKLIST City of Renton Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. if you have problems, the governmental agencies can assist you. The checklist questions apply to ail parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: JUL 0.� Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. - 1 - 06109 11SERVERWoh Nie518horellneU0141S1469 Selland Pier\$DP'Admin�environmental checklist.doc A. BACKGROUND 1. Name of proposed project, if applicable: Selland Pier 2. Name of applicant: Mark Selland 3. Address and phone number of applicant and contact person: Applicant: Mark Selland 4017 Williams Ave. N Renton, WA 98056 858-342-1393 Contact Person: Evan Wehr — ecco design inc. 203 N 36th Street Suite 201 Seattle, WA 98103 206-706-3937 4. Date checklist prepared: lune 23, 2015 5. Agency requesting checklist: City of Renton Proposed timing or schedule (including phasing, if applicable): Fall 2015 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. S. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Biological Evaluation was prepared by Marine Surveys and Assessments to assess impacts to listed species and/or critical habitat for the project. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? if yes, explain. None are known. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Letter of Permission from the Army Corps of Engineers. SDP, SEPA review, and building permit from the City of Renton. HPA from the Washington Department of Fish and Wildlife. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Construct new pier and install two new boat lifts. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 4017 & 4023 Williams Ave. N in Renton, WA 98056. Section: NW1/4 32 Town: 24N Range: 5E B. ENVIRONMENTAL ELEMENTS -2- 11SERVER1Job Files\ShorelineMlMS1469 Selland PieftSDPlAdminlenvironmental checklist.doc 06109 a. General description of the site (circle one); fly rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) The site is relatively flat with the steepest slope along the shoreline being approximately 30%. C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Sand, gravel, and silt. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. No filling or grading is proposed. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? There will be no change to the amount of impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: None proposed. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Low levels of emissions from boat traffic. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. No. C. Proposed measures to reduce or control emissions or other impacts to air, if any: None. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. The work will occur in Lake Washington. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The pier and boat lifts installed in Lake Washington. - 3 - 08109 \ISERVEM,lob Files\Shoreline120141S1469 Selland Pier1SDMAdminlenvironmental checklist.doc 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. 5) Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. Yes. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. C. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. N/A 2) Could waste material enter ground or surface waters? If so, generally describe. Construction debris could enter surface waters. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: A containment boom will be placed around the construction area to contain debris. 4. PLANTS Check or circle types of vegetation found on the site: X deciduous tree: alder, maple, aspen, other X evergreen tree: fir, cedar, pine, other X shrubs X grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? None. List threatened or endangered species known to be on or near the site. None know. - 4 - 06109 11SERVERVob FileslShoreline120t41S1468 Selland McASDMAdminlenvironmental checklist.doc d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Nine native shrubs and two native trees will be planted as mitigation. 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Chinook salmon, bull trout, and steelhead. C. Is the site part of a migration route? If so, explain Juvenile salmonids migrate along the lake shoreline. d. Proposed measures to preserve or enhance wildlife, if any: Work will take place during the appropriate work window of July 16th through December 31St. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Solar and electric. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: None. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. No. 1) Describe special emergency services that might be required. None. 2) Proposed measures to reduce or control environmental health hazards, if any: None. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None known. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, - 5 - 46149 VSERVERWob FileslShoreline126141S1469 Selland PierlSDPlAdmiMenvironmental checklist_doc operation, other)? Indicate what hours noise would come from the site. Short- term: Elevated levels of noise from pile driving and construction. Long term: Low levels of noise from boating. 3) Proposed measures to reduce or control noise impacts, if any: Work will take place only during appropriate work hours. S. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site and adjacent properties are residential. b. Has the site been used for agriculture? If so, describe. No. C. Describe any structures on the site. Existing single family houses. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? R-10 f. What is the current comprehensive plan designation of the site? COR g. If applicable, what is the current shoreline master program designation of the site? Urban h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes, Lake Washington. L Approximately how many people would reside or work in the completed project? None. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: None. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. None. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. C. Proposed measures to reduce or control housing impacts, if any: None. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The pier will be approximately three feet above the ordinary high water mark. - 6 - 06109 11SERVERWob FileslShwelinel20MS1469 Selland PieASDPLAdmiMemftnmental checklist.doc b. What views in the immediate vicinity would be altered or obstructed? No. C. Proposed measures to reduce or control aesthetic impacts, if any: None. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. C. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Boating and fishing. b. Would the proposed project displace any existing recreational uses? If so, describe. No. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. A Duwamish village was known to be at the mouth of May Creek that is adjacent to the site. C. Proposed measures to reduce or control impacts, if any: None. 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The site is accessed by Lake Washington Blvd. N just west of 1-405. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? 8/10ths of a mile. C. How many parking spaces would the completed project have? How many would the project eliminate? No change. 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. - 7- 06109 11SERVER1Job FileslShoreline120141S1469 Selland PierlSDPlAdmiMenvironmental checklist.doc e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. Boat traffic on Lake Washington. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None. g. Proposed measures to reduce or control transportation impacts, if any: None. 15. PUBLIC SERVICES Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. UTILITIES Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewerseptic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. None. C. SIGNATURE I, the undersigned, declare under penalty of perjury under the laws of the State of Washington that to the best of my knowledge the above information is true, correct, and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of f4 disclosure on my part. Proponent Signature: Name Printed: Date: -s- 11SERVERVob FileslShcrehne=iCS1469 Selland PierlSMAdminlenvironmental checklist.doc 06/09 Selland Pier Project Biological Evaluation/Lake and. Stream Study Report June 8, 2014 For: Mark Selland 4017 Williams Ave. N. Renton, WA 98056 MARINE SURVEYS Et ASSESSMENTS 521 Snagstead Way Port Townsend WA 98368 (360) 385-4073 marine.surveys.inc@gmaiL.com List of Figures and Attachments Figure Number Page 1. Vicinity map.......................................................................................14 2. Site plan..............................................................................................15 3. Plan view.............................................................................................16 4. Elevation view....................................................................................17 5. A -A pier section.................................................................................18 6. Existing and proposed native vegetation buffer ..........................19 7, Existing plant legend.........................................................................2Q Attachment Number Page 1. Photograph of the site......................................................................21 2. Species list for King County........................................................ 22-23 3. Essential Fish Habitat Assessment .............................................. 24-25 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook........................................................... 26-27 5. Assessment of Impacts to Critical Habitat for Coastal - Puget Sound Bull Trout .......................................... 28-29 MS&A Selland Pier Project* 2 Selland Pier Project Biological Evaluation/Lake and Stream Study Report I. PROJECT DESCRIPTION A. Project Location: '/a Section NW32, Township 24N, Range 05E. 4017 and 402.3 Williams Avenue N. Renton, WA 98056 Latitude: 47.52864° N Longitude: 122.20505°W See Figure 1 for project location. B. Site Description: The proposed project is a pier to be located along the common property line between two abutting lots, 40I7 and 4023 Williams Ave N, Renton, WA 98056. The properties are located within the Barbee Mill Community, a major waterfront subdivision. The subject property is located along the eastern shore of Lake Washington in the City of Renton (Figures 1-2). The proposed pier would provide moorage and facilitate access to Lake Washington for residents of the property and their guests. Two bodies of water are adjacent to, or flow through, the Barbee Mill Community: Lake Washington and May Creek. The subject property is located along Lake Washington, a Shoreline of Statewide Significance as provided in RMC 4-3-090F1, and a Shoreline of the State under RMC 4-11-190. This Lake Study is prepared in accordance with the requirements of RMC 4-8-120D with respect to the Lake Washington shoreline of the subject property. May Creek, a Shoreline of the State (RMC 4-3-090F2), flows through the Barbee Mill Community. The May Creek open space (a riparian buffer) and a street are located between the two lots and May Creek. The Barbee Mill Community is located on the approximately 22 acre site of the former Barbee Mill Company lumber mill. The Barbee Mill Community has 114 multi -story paired homes, a pond, walking trails and lakefront open space for the use of residents. Lots 23 through 48 are lakefront lots. To restore the former industrial site to a parcel suitable for a residential waterfront subdivision, the mill buildings were demolished; fill soils were removed from behind the bulkhead; asphalt paving, a pier, the wooden bulkhead and piling associated with the mill operation were removed; and extensive shoreline restoration was completed. The subject property is located south of; and was not included in, this extensive remediation. A steel and concrete bulkhead is located along the two parcels. The substrate immediately waterward of the property consists of large and small cobble. A number of factors were considered in determining the location of the proposed pier. In establishing design parameters for the proposed pier, it was required that it not interfere with the general public's use and enjoyment of Lake Washington, that it not pose a navigation hazard to boaters, and that it not interfere with the use of existing or future neighboring docks or piers. C. Lake and Stream Classifications: As mentioned above, as a Shoreline of Statewide Significance (RMC 4-3-090F1), Lake Washington is included in the definition of a Shoreline of the State (RMC 4-11-190). Lake Washington is a Class 1 lake as it is a perennial salmonid -bearing body of water classified as a Shoreline of the State (RMC 4-11-19051). May Creek is an important salmonid stream that is classified by the City of Renton and the State of Washington as Class 1 waters and included within the definition of a Shoreline of the State (RMC 4-3-090F2). MS&A Selland Pier Project* 3 D. Shoreline Restoration: Prior to restoration of the beach in conjunction with vacation of the land, the Lake Washington shoreline north of the subject property was heavily bulkheaded, back-filled and covered with impervious asphalt paving; numerous piling and substantial quantities of concrete rubble and other shoreline debris were on the site. Pursuant to the general development site remediation, upland and in -water structures including the timber bulkhead and piling were removed, shoreline rubble was removed, fill soil was excavated to subgrade elevations, toe rock and a temporary quarry spall erosion control berm were installed, and sand, gravel and rock materials were used to construct a beach to mimic natural conditions. Although the area of extensive remediation did not encompass the subject property, a planting buffer of native vegetation (Figure 6) was installed along all the lakefront lots, including the subject property, to environmentally and functionally enhance the entire development shoreline. The Ordinary High Water (OHW) mark for Lake Washington is the line of mean high water (RMC 4-I1-150 Definitions 0). The Lake Washington water depth is controlled by the Army Corps of Engineers at the Hiram M. Chittenden Locks and is at 21.8' of lake elevation. In the course of the Barbee Mill Beach Restoration site remediation, permanent toe rock was installed along the OHW line. As of March 20, 2007, the date a SCUBA survey was conducted for purposes of identifying flora, fauna, substrate types and other qualitative information relative to the Biological Evaluation prepared for the previous community dock project, coir rolls were located along the OHW line within the remediation area. The May Creek OHW mark is the mean high water line of the stream (RMC 4-11-150 Definition O). E. Vegetative Cover of the Site: The study area includes no wetland or flood hazard areas; it does include Lake Washington riparian areas. Prior to the Barbee Mill Beach Restoration project, riparian vegetation was found to be generally absent within the study area as the shoreline behind the bulkhead was paved. In unpaved areas, vegetation noted included Juncus effusus (soft rush) and Iris pseudocaris (a non-native iris). The upland redevelopment required extensive regrading and clearing; a mitigation planting plan was agreed upon that includes planting along the Lake Washington shoreline. In accordance with this mitigation plan, plantings on the subject property have been installed (Figures 6 and 7). In conjunction with construction of the proposed pier, 11 additional native shrubs and trees will be planted. The planting plan details are shown on the full size drawing (Figure 6). F. Ecological Functions of Lake Washington along the Study Area: Previously to the Barbee Mill Community development, the industrial structures and use of the site limited the ecological functions that would otherwise have been provided by Lake Washington and its adjacent riparian area. As a result of the extensive general site restoration work completed north of the subject property, the ecological functions of the portion of the lake within the study area should be greatly enhanced. Previously planted riparian vegetation and additional plantings in conjunction with the proposed pier project will further assist in restoring the ecological functions of Lake Washington. Some of this new vegetation will be overhanging, providing shade and predator protection for fish and aquatic invertebrates. The newly planted riparian vegetation will add significant organic matter to the lake substrate in the form of leaves and woody debris that fall and wash into the lake. This will provide additional source of food, shelter and shade for aquatic invertebrates and fish. This increased vegetation will also provide food and shelter for terrestrial insects, and in turn provide an additional food source for birds and animals that feed upon them. The addition of riparian vegetation to this formerly near -barren site should also help water quality by filtering pollutants, removing nutrients and reducing sediments in any runoff from the adjacent upland development. The increased overhanging vegetation should facilitate the migration of juvenile salmon. G. Fish and Wildlife Use or the Area: Birds: Birds observed on or near the site include hawks, herons, eagles, quail, osprey, cormorants and songbirds. Before the mill structures were demolished, an osprey nest was successfully relocated from the top of the old mill sawdust collector to a platform built on a 25' pole over the water not far from the original nest site. The osprey have MS&A Selland Pier Project- 4 accepted the new nest and a video camera records their activities for viewing over the Internet. Protected wildlife in Washington State shall not be hunted or fished (WAC 232-12-011). Protected wildlife noted from time to time within the general Barbee Mill Community development area includes the marbled murreiet and the bald eagle. The marbled rnunelet is classified as a "threatened species," a species likely to become endangered within the foreseeable future throughout a significant portion of their range within the state without cooperative management or removal of threats. The bald eagle is no longer on the list of threatened or endangered species under the Endangered Species Act (ESA) but continues to be protected by the Bald and Golden Eagles Protection Act and the Migratory Bird Treaty Act and is protected as a "sensitive species" in Washington. Sensitive species are vulnerable or declining and likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. Mammals: The only wild mammals reported as observed in the area are deer. Fish: Salmonids observed at the site include salmon and trout. Salmonids known to be present in southern Lake Washington include Puget Sound chinook salmon, coho salmon, sockeye salmon, steelhead trout, bull trout and cutthroat trout. Puget Sound chinook, Puget Sound steelhead and bull trout are all listed as threatened under the ESA. Other fish observed at the site include bass, black crappie, bluegill, pumpkinseed sunfish, tench and yellow perch. The shoreline remediation was designed to be consistent with Water Resource Inventory Area (WRIA) 8 Conservation Plan recommendations. As a result of the remediation, shoreline that was previously unsuitable habitat for fish and other aquatic life due to extensive shoreline modifications and industrial use of the site has been restored. The restored gravel substrate and gently sloping bottom should provide favorable habitat for winter rearing of salmon fry. The new gravel and cobble substrate to the north and the existing cobble on the subject property should be suitable habitat for benthic invertebrates which would likely attract juvenile salmonids. H. Project Details: The proposed pier will be supported by four 10" diameter, two 8" diameter and two 4" diameter galvanized steel piles. It will have a 4' by 40' walkway from shore followed by a 6' by 40' walkway for a total length of 80' from the OHWM. Two free standing boat lifts will be installed on either side of the pier. The entire pier will be 100% grated (Figures 2-5). I. Construction Sequence: 1. Mobilize construction barge to the site with all construction materials and equipment on board. Moor the barge as to prevent grounding on the lake bottom at any time during construction. 2. Install silt containment curtain around work area to contain any debris that may fall into lake waters. In the event any materials enter lake waters they will be retrieved immediately and placed in debris containers on the barge. 3. Using the barge -based crane and vibratory insertion/extraction system, install (4) at 10" diameter, (2) at 8" diameter and (2) at 4" diameter galvanized steel piles to practical refusal. 4. Cut steel piling as necessary at the appropriate elevation. 5. Weld pre -fabricated steel frame sections onto the piling. Install grated decking and wood fascia on the pier using hand tools. 6. Set boat Iifts in place using crane on the barge. 7. Demobilize and dispose of all debris at approved upland disposal site. General Notes: 1. All treatments will be applied and fully cured prior to delivery to the site. MS&A Selland Pier Project- 5 J. Action Area: The action area should include the area within a one -mile radius of the project location. This area includes potential turbidity and noise impacts from the construction process. II. SPECIES AND HABITAT INFORMATION A. Species Information: In the project area, the Puget Sound chinook (Oncorhynchus tshawytscha) is listed under the Endangered Species Act as a threatened species according to the National Marine Fisheries Service (NMFS) (Federal Register, Vol. 64, No. 56). On May 11, 2007, NMFS also listed the Puget Sound steelhead (Oncorhynchus mykiss) as a threatened species under the ESA (Federal Register / Vol. 72, No. 91 / Friday, May 11, 20071 Rules and Regulations). Bull trout (Salvelinus confluentus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in October of 1999. On September 2, 2005, NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant Units (ESUS) of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal Summer -run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook ESU (Federal Register / Vol 70, No. 170 / Friday, September 2, 2005 Rules and Regulations). USFWS has designated critical habitat in Lake Washington for Coastal -Puget Sound bull trout (Federal Register / Vol. 70, No. 185 I September 26, 2005 I Rules and Regulations). Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific salmon by their large size. Most chinook in the Puget Sound are "ocean -type" and migrate to the marine environment during their first year (Myers et al. 1998). They may enter estuaries immediately after emergence as fry from March to May at a length of 40 mm., or they may enter the estuaries as fingerling smolts during May and June of their first year at a length of 60-80 mm. (Healey 1982). Chinook fry in Washington estuaries feed on emergent insects and epibenthic crustaceans (gammarid amphipods, mysids, and cumaceans). As they grow and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and euphausiids (Simenstad et al. 1982). These ocean -type Chinook use estuaries as rearing areas and are the most dependent of all salmon species on estuaries for survival. In the Lake Washington system, adult chinook salmon usually arrive at the Chittenden Locks in July, although there are some arrivals before and after July (Synthesis of Salmon Research and Monitoring. 2008). According to Fresh et al. (2000), the total time for salmon migration from the Locks to arrival at their tributary spawning grounds "can take up to 55 days, but averages less than 30." During much of this time, salmon hold in the upstream area from the Locks before moving through the Ship Canal and Lake Union. Fresh et al. (2000) found the average holding time to be from 17 to 19 days. After reach their spawning streams between September and November, spawning occurs from October to December. According to Tabor et al. (2006), "Fry emerge from their redds from January to March. Juvenile Chinook salmon appear to have two rearing strategies: rear in the river and then emigrate in May or June as pre-smolts, or emigrate as fry in January, February, or March and rear in the south end of Lake Washington or Lake Sammamish for three to five months." In the project area vicinity, juvenile chinook salmon from the Cedar River enter Lake Washington and rear in the south end of the lake primarily from January to May. Tabor et al. (2006) also reported that: Similar to results of 2002, juvenile Chinook salmon were concentrated in the south end of Lake Washington from February to May..... Therefore, it appears that the lake shore area near the natal stream is an important nursery area for juvenile Chinook salmon. In Lake Washington, the major part of this nursery area appears to be roughly from Pritchard Beach on the west shoreline and the mouth of May Creek on the MS&A Selland Pier Project- 6 east shore and the south part of Mercer island. The distance from the mouth of the Cedar River to the edge of the nursery area is around 6 km. north of this area; the number of Chinook salmon would be expected to be relatively low until mid-May or June. In the same study cited above, it was found that marked chinook did not move far from their release site at Gene Coulon Park (approximately 1.5 miles south of the current project site). Marked juveniles were observed 1, 7, 15, and 21 days after release at Gene Coulon Park. All of the marked salmon that the investigators observed had moved less than 150 m from their release site at the park. After moving slowly away from the Green River and south Lake Washington, juveniles reach the Chittenden Locks during the period between May and August, with peak migration through the Locks taking place in June. According to Kerwin (2001) chinook, coho, sockeye and winter steelhead use May Creek for spawning, rearing and migration. However, volunteers from the Volunteer Salmon Watchers Program have been observing salmon in May Creek since 2000. They have reported that only sockeye are seen consistently, while chinook, coho, cutthroat trout and kokanee salmon are less commonly seen. Hammer (2011) reported that the number of chinook varies from 0 to 12 fish annually in May Creek. WDFW reported three live chinook and one redd in 2010 spawner surveys. Bull Trout: Coastal -Puget Sound bull trout have ranged geographically from northem California (at present they are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically from August to November in streams and migration to the open sea (for anadromous populations) takes place in the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15 degrees C are thought to limit bull trout distribution (Rieman and McIntyre 1993). They live both in fresh and marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater (anadromous) before returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the Coastal -Puget Sound population. The Coastal -Puget Sound bull trout population is thought to contain the only anadromous forms of bull trout in the contiguous United States (Federal Register, Vol. 64, No. 210, 1999). Two subpopulations of bull trout (also known as "native char") are considered within the Lake Washington area: the Chester Morse Reservoir population and the Issaquah Creek-Sammamish River population (Federal Register, Vol. 64, No. 210, 1999). "Only two `native char' have been observed during the past 10 years in the Issaquah Creek drainage and none have been observed in the Sammamish River system. It is questionable whether a viable subpopulation remains." (Federal Register, Vol. 64, No. 210, 1999). Puget Sound Steelhead: Wild winter steelhead enter the Lake Washington system in mid-December with peak spawning taking place in May. There have been high rates of predation by California sea lions at the Ballard Locks, which is one of the leading factors in the declining steelhead production in the Lake Washington system (1992 Washington State Salmon and Steelhead Stock Inventory. Appendix One - Puget Sound Stocks. Washington Department of Fish and Wildlife, Olympia, WA.). According to Kerwin (2001): The Lake Washington system supports one native winter steelhead stock but not a summer steelhead stock (SASSI 1994). The winter steelhead stock was listed in SASSI as "Depressed" but has recently shown some evidence of rebounding. A limited hatchery program utilizing the native winter steelhead stock was initiated in 1997 as a supplementation type program to assist in recovery of winter steelhead populations in the north Lake Washington tributaries. The sharp decline in Lake Washington winter steelhead was noted as a reason for concern by NMFS in their stock status review (Busby 1996). However, in a more recent analysis, between 1986 and 2004 escapement for the Lake Washington winter -run steelhead ranged from 1,816 (1986) to 44 (2004) (WDFW 2004). Based on the chronically low escapement and short-term severe decline in escapements, the stock status has decreased from its 1992 "depressed" status to "critical" in 2002. MS&A Selland Pier Project 7 WDFW has reported steelhead in the lower 3 miles of May Creek (Salmon Scape, 2010). Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family. They spend most of their time at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old growth forest has a significant impact on the survival and conservation of the species (WDW, 1993). Adult birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific herring, surf smelt and other small schooling fish, and feed on invertebrates. The project site is located in an urban environment adjacent to a major highway. There is a high level of ambient noise in the project vicinity. There is no nesting habitat near the site. Therefore, it is unlikely that murrelets will be present in the project vicinity. III. EFFECTS OF THE ACTION The status of each of the listed species in the action area has been provided. The proposed project has been described and the action area defined. When reviewing all the data, the potential direct and indirect effects of the proposed action on the listed species and their critical habitat should be considered. A. Direct Effects: When considering the direct effects of the proposed project, one must determine if the proposed project will immediately reduce or destroy the listed species and/or their habitat. The potential, direct impacts caused by the construction process include increased noise and turbidity. Pile driving noise: A vibratory pile driver will be used to drive the piles to practical refusal. Feist et al. (1992) reported that salmonids could be expected to hear pile driving noise approximately 2,000' from the source. Based on the studies at the Everett Homeport, these researchers concluded that pile driving did alter the distribution and behavior of juvenile pink and chum salmon. However, the Everett Homeport results may not be entirely applicable to the proposed project, because a diesel powered compression hammer was used in that study. As stated in the Feist report, "It would be reasonable to say that juvenile salmonids might respond differently to the sounds of a vibratory hammer, compared to that of a diesel compression hammer." As noted above, it is unlikely that murrelets will be present in the action area. Therefore, the construction process should have little or no impact on marbled murrelets. Turbidity: Increased turbidity caused by pile driving could, under certain circumstances, have adverse effects on salmon and bull trout. The effects depend on duration of exposure, concentration of turbidity and the life stage of the salmon during the increased exposure. The effects can be discussed in terms of lethal, sublethal or behavioral (Nightingale and Simenstad 2001 a and Simenstad, editor, 1988). A silt containment curtain will be installed in the project area to contain and minimize turbidity impacts. To minimize the adverse effects of increased turbidity and noise on migrating salmonids and bull trout, inwater construction work will take place during the approved work window from July 16 to December 31.Overwater work can proceed outside of the inwater work window. B. Indirect Effects: Indirect effects are effects of the project that occur later in time. For this project, indirect effects might include alteration of juvenile salmon migratory pathways, increase in salmonid predation and reduction in prey resources and refugia due to shading of the epibenthic substrate by the structure. Migratory pathway alteration: Freshwater: There were no studies specifically investigating the effects of piers on salmonid migration in MS&A Selland Pier Project- 8 lakes cited by Kahler et al. (2000) in their review of pier -related impacts in lakes. Concerning the lake environment, Kahler et al. (2000) state, "The question remains whether juvenile salmonids in lakes migrate under, or otherwise utilize, piers, or if they avoid them and/or traverse their perimeter." However, more recent reports have provided additional information concerning salmon responses to overwater structures. Tabor and Piaskowski (2002) noted that, "In February and March, chinook salmon were found using overhead structures (piers, docks, and overhanging vegetation) during the day but in April and May, no chinook salmon were ever observed using overhead structures. At night, chinook salmon rarely used overhead structures." The authors hypothesized that the overhead structures were being used as a substitute for natural overhead cover during the days in February and March. In a later study, Tabor et al. (2006) noted slightly different results. They state that, "When migrating Chinook salmon approach a pier they appeared to move to slightly deeper water and either pass directly under the structure or swim around the pier. Most likely they move to deeper water as a way of reducing their predation risk." The pier where these findings we made is approximately 7.8' wide, 138' long and had solid decking. The dimensions of the piers in the earlier study are not known. The results from the later study were noted in May and July, whereas the 2002 study results were for the earlier months of February and March. In another study, Tabor et al. (2011) reported that, "Juvenile Chinook salmon were rarely observed under an overwater structure during either daytime or nighttime." There were no details concerning the type of overwater structure where these observations were made — sold decking or grated overwater structures. The results of Celedonia et al. (2008) were similar to those of Tabor et al. (2000). Celedonia et al. stated, "Juvenile Chinook salmon generally avoided areas directly beneath overwater structures. However, areas along the edges of structures (within about 2 in horizontal distance) were sometimes used for prolonged periods (up to 2 hours in one case)." However, these authors offered the following qualifying statement: These observations may be representative of holding fish near structures in general, but may not be an accurate indication of how untagged Chinook salmon would generally behave upon volitionally entering these specific areas. Actively migrating fish (i.e., most fish released off-site and observed at the Seattle Tennis Club site) often appeared to change course as they approached a structure. Structure width and water depth appeared to influence degree of avoidance. Fish appeared less hesitant to pass beneath narrow structures. Fish also appeared to move into deeper water to travel beneath or around structures. These authors also observed: Behavior at structures differed (i.e., swim beneath or travel around perimeter), and may have been related to such interrelated factors as: fish size, light levels beneath the structure, degree of contrast at the light - dark edge, width of the structure, height of the structure above the water surface, and water column depth beneath the structure. Further study is needed to conclusively determine how these and other factors interact to influence Chinook salmon behavior. Marine Waters: In the marine environment, it is generally accepted that overwater structures can alter migration behavior of juvenile salmon (though the effects may vary depending on the design and orientation of the structure, degree of shading, and the presence of artificial light), and reduce salmon prey resources and refugia by shading aquatic plant life (Simenstad et al. 1999; Nightingale and Simenstad 2001b). However, the significance of these effects is not clear. As Simenstad et al. state, "We found no studies that described empirical evidence supporting or refuting that modification of juvenile salmon behavior in shoreline habitats was reflected in changes in survival." Nightingale and Simenstad (2001 b) state, "Presently, although we know that under some conditions small juvenile salmon will delay or otherwise alter their shoreline movements when encountering an overwater structure, the conditions under which this behavioral modification is significant to the fishes' fitness and survival is relatively unknown." A study by Williams et al. (2003) at the Mukilteo ferry terminal, found that, "Salmon fry were observed in all nearshore habitats during each transect sampling period (day and night). The fry were observed under a wide MS&A Selland Pier Project- 9 range of PAR values (0.0 µmol m-2 s-1 to 2370 pmol m-2 s-1). Fry were observed both outside the terminal and underneath the terminal at all times, and shadows produced by the I0 -m -wide terminal structure did not appear to act as barriers to fry movement at this location." There is no question that underwater structures may alter migration patterns —that is not in dispute. As seen in the study by Williams and in many other studies (see the literature review by Weitkamp - 2003), there are studies that indicate that salmon migration is not affected by the presence of over -water structures. Of course, there are other studies indicating migration patterns are altered by overwater structures. Increased predation: An additional concern about the impacts of overwater structures on migrating salmon is that they will be forced to move out into deeper water, where they will be consumed by predatory fish species. However, in a study conducted in the marine environment, Williams et al. (2003) noted: We found no evidence that avian, marine mammal, or fish predators consumed more juvenile salmon near WSF terminals than along shorelines without overwater structures. Few species appeared to be targeting abundant fry in nearshore habitats, and we observed only two occasions in which predators (one tern sp., one staghorn sculpin) had consumed juvenile salmon. The authors also state, Our analysis of fish diets at the Mukilteo ferry terminal provides one piece of conclusive evidence that juvenile salmon were not a major dietary component of predatory fish species during our study. It should be noted that the Williams study was conducted in the marine, not lake, environment. In Lake Washington, smallmouth bass migration into the littoral zone corresponds with the peak occurrence of migrating salmonids in this zone (Fresh et al. 2001). Because of these similar migration patterns, salmonids are most at risk of predation from smallmouth bass in Lake Washington. Bass prefer complex, natural cover for their foraging environment. When there is a scarcity of natural cover for foraging, as is the situation in Lake Washington, they tend to use the dominant structures in the environment, such as pilings and piers, for foraging cover (ahler et al. 2000). There is concern that increasing the number of overwater structures will increase the predation success of smallmouth bass on migrating salmonids. Taboret al. (2004) investigated predation of juvenile chinook salmon in three areas of the Lake Washington Basin. One of the areas they looked at was the south end of Lake Washington, an important rearing area. The investigators found that: The only predators observed to consume Chinook salmon were cutthroat trout, prickly sculpin (C. aspen), smallmouth bass (Micropterus dolomieur), and largemouth bass (M. salmoides). Consumption of Chinook salmon by cutthroat trout was observed in February, March and early April. Predation by prickly sculpin was only observed in February. Smallmouth bass consumed Chinook salmon in May and June. Few largemouth bass were collected; however, we did document a largemouth bass that had consumed a Chinook salmon in June. We estimated a total of 1,400 Chinook salmon fry were consumed by littoral predators from February to mid May..... Based on consumption estimates and expected abundance of juvenile Chinook salmon, predatory fishes probably consumed less than 10% of the fry that entered the lake from the Cedar River. The investigators in this study did not comment on the impacts of overwater structures on the predation rate found in south Lake Washington. C. Interrelated/Interdependent Effects: Completion of this project will not promote future construction or other activities that would not otherwise occur without its completion. Therefore, no additional interrelated or interdependent actions that could affect species regulated under ESA will occur because of this project. D. Take Analysis: "Take" is defined as, "to harass, harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any MS&A Selland Pier Projects 10 such conduct." The USFWS further defines "harm" as "significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or sheltering." It is likely that no "take" will result from this project. E. Conservation Measures: In order to minimize any direct effects on the listed species caused by this project, inwater work should take place between July 16 and December 31. It is requested that overwater work be allowed to take place outside of this work window. Additional impact reduction and mitigation measures will reduce adverse impacts of the project. They include: 1. The first 40' of the fully grated pier will only be 4 -feet wide. 2. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minimize migration obstacles for young salmonids that prefer the more shallow areas. 3. The construction barge will not be allowed to ground out on the lake bottom at anytime. 4. Piles will be driven using a vibratory pile driver to practical refusal. 5. Construction will take place during authorized in water work windows designed to protect listed species and/or critical habitat (July 16 — Dec. 31 ). 6. Two trees and nine shrubs will be planted in addition to the existing native plants seen in Figures 6 and 7. F. Determination of Effect: After reviewing the appropriate data and surveys, the effect determinations for the impacts of the project, as designed, are: 1. Puget Sound chinook —"May affect, not likely to adversely affect" z. Bull trout— "May affect, not likely to adversely affect" 3. Puget Sound steelhead —Way affect, not likely to adversely affect" 4. Marbled murrelet — "No effect" This is the appropriate conclusion when effects on the species and their critical habitat are expected to be beneficial, discountable or insignificant. Limiting construction work to the approved work window will reduce direct impacts on the listed species. Shading impacts on the benthic environment will be minimized by the conservation measures discussed above. MS&A Selland Pier Project* 11 Literature Celedonia, M. T., Roger A. Tabor, Scott Sanders, Daniel W. Lantz, and Ian Grettenberger. 2008.Movement and habitat use of chinook salmon smolts and two predatory fishes in Lake Washington and the Lake Washington Ship Canal. 2004-2005 acoustic tracking studies. Final report to Seattle Public Utilities. Federal Register/ Vol. 61, No. 1021 May 24, 1996 / Rules and Regulations. Federal Register / Vol. 64, No. 56 / March 24, 1999 / Rules and Regulations. Federal Register / Vol. 64, No. 210 / November 1, 1999 / Rules and Regulations. Federal Register / Vol 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations. Federal Register / Vol. 70, No. 185 / September 26, 2005 / Rules and Regulations. Federal Register / Vol. 72, No. 91 / Friday, May 11, 20071 Rules and Regulations. Feist, Blake E., J.J. Anderson and R. Miyamota. 1992. Potential impacts of pile driving on juvenile pink (Oncorhynehus gorbuscha) and chum (O. keta) salmon behavior and distribution. FRI-UW-9603, Fish. Res. Inst., UW, Seattle, WA. Fresh, K.L, E. Warner, R. Tabor, and D. Houck. 2000. Migratory behavior of adult Chinook salmon spawning in the Lake Washington watershed in 1998 and 1999 as determined with ultrasonic telemetry. Extended abstract and presentation prepared for the Washington Chinook Salmon Workshop, November. Fresh, K. L., D. Rothaus, K. W. Mueller and C. Mueller, 2001. Habitat utilization by predators, with emphasis on smallmouth bass, in the Iittoral zone of Lake Washington (draft). WDFW. Hammer, Misty, King County Road Services Division. 2011. May Creek Drainage Improvement Project. Biological Evaluation Report for: Chinook Salmon and Steelhead Trout as protected under the Endangered Species Act. May Creek, King County, Washington State. Prepared for: King County Water and Land Resources Division Department of Natural Resources and Parks. 201 South Jackson Street Ste 600,Seattie, WA 98104-3856, Healey, M. C. 1982. Juvenile Pacific salmon in estuaries: the life support system, pp. 315 - 341. In: V.S. Kennedy (ed.), Estuarine comparisons. Academic Press, New York, NY. Kahler, T., M. Grassley and David Beauchamp. 2000. A summary of the effects of bulkheads, pier and other artificial structures and shorezone development on ESA -listed salmonids in lakes. City of Bellevue. Kerwin, J., 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (WRIA 8). Washington Conservation Commission. Olympia. WA. Myers, J. M., R. G. Kope, G. J. Bryant, D. Teel, L. J. Lierheimer, T. C. Wainwright, W. S. Grand, F. W. Waknitz, K. Neely, S. T. Lindley, and R. S. Waples. 1998. Status review of Chinook salmon from Washington, Idaho, Oregon, and California. U.S. Dept. of Commerce, NOAA Tech Memo. NMFS NWFSC-35, 443 pp. Nightingale, Barbara and Charles Simenstad. 2001a. Dredging activities: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 144 pp. Nightingale, B. and Charles Simenstad. 2001b. Overwater structures: marine issues. Submitted to Washington Department of Fish and Wildlife, Washington Department of Ecology, and Washington State Department of Transportation, Olympia, WA, 177 pp. Rienman, B. E. and J. D. McIntyre. 1993. Demographic and habitat requirements for conservation of Bull Trout. MS&A Selland Pier Project, 12 Gen. Tech, Rpt. U. S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp. Simenstad, C. A., K. L. Fresh and E. O. Salo. 1982. The role of Puget Sound and Washington coastal estuaries in the life history of Pacific salmon: an unappreciated function. Pp. 343-364. In: V. S. Kennedy, (ed.), Esluarine comparisons. Academic Press, New York, NY. Simenstad, C. A., (ed.). 1988. Effects of dredging on anadromous Pacific coast fishes, Workshop proceedings, Washington Sea Grant, Seattle WA, September 8-9, 1988. Simenstad, C.A., B.J. Nightingale, R.M. Thom and D.K. Shreffler. 1999. Impacts of ferry terminals on juvenile salmon migration along Puget Sound shorelines. Phase 1: Synthesis of state of knowledge. Report to WSDOT/TJSDOT Research Report T9903, Task A2,116 pp. f appendices. Synthesis of salmon research and monitoring. Investigations conducted in the Western Lake Washington Basin. December 31, 2008. Seattle Public Utilities and the Army Corps of Engineers. Contributors: Mike Cooksey Peter N. Johnson, Paul DeVrics, Michele Koehler, Charles J. Ebel, Lynne Melder, Frederick A. Goetz, Jim Muck, Julie Hall Eva Weaver Tabor, R. A. and Richard M. Piaskowski. 2002. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2001. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, R. A., M. T. Celedonia, F. Mejia, R. M. Piaskowski, D. L. Low, B. Footen and L. Park. 2004. Predation of juvenile chinook salmon by predatory fishes in three areas of the Lake Washington Basin. U. S. Fish and Wildlife Service, Muckleshoot Indian Tribe and Northwest Fisheries Science Center. Tabor, R. A. Howard A. Gearns, Charles M. McCoy I11�, and Sergio Camacho. 2006. Nearshore habitat use by juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2003 and 2004. U.S. Fish and Wildlife Service, Western Washington Fish and Wildlife Office, .Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503. Tabor, Roger A., Kurt L. Fresh, Richard M. Piaskowski, Howard A. Gearns & Daniel B. Hayes (2011): Habitat Use by Juvenile Chinook Salmon in the Nearshore Areas of Lake Washington: Effects of Depth, Lakeshore Development, Substrate, and Vegetation, North American Journal of Fisheries Management, 31:4, 700-713 Washington Department of Fish and Wildlife (WDFW). 2004. Salmonid Stock Inventory (SaSI). Washington Department of Fish and Wildlife, Olympia, WA. Weitkamp, Don E. September 2003. Young Pacific Salmon in Estuarine Habitats. Review Draft. Parametrix, Inc. Kirkland, WA. Williams, G. D., R. M. Thom, D. K. Shreffler, J. A. Southard, L. K. O'Rourke, S. L. Sergeant, V. I. Cullinan, R. Moursund, and M. Stamey. Assessing Overwater Structure - Related Predation Risk on Juvenile Salmon: Field Observations and Recommended Protocols, September 2003. Prepared for the Washington State Department of Transportation Under a Related Services Agreement With the U.S. Department of Energy Under Contract DE- AC06-76RLO 1830. MS&A Selland Pier Project- 13 Figure 1. Vicinity map PROJECT INFORMATION OWNER: MARK SELLAND DRAWINGS BY: ECCO DESIGN INC. 203 N 36TH ST SUITE 201 SEATTLE, WA 98103 206-706-3937 SITE ADDRESS: 4017 & 4023. WILLIAMS AVE N RENTON, WA 98056 PARCEL NUMBER: (4017) 0518500460 & (4023) 0518500450 BODY OF WATER: LAKE WASHINGTON LEGAL DESCRIPTION: (0518500460) BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P (0518500450) BARBEE MILL TGW LIND INT IN TRS A,B,C,D,E,F,G, H,I,K,L,M,N,O & P PROJECT DESCRIPTION: CONSTRUCT NEW PIER (400 SQUARE FEET) AND INSTALL TWO NEW BOAT LIFTS. PLANT NATIVE VEGETATION ALONG THE SHORELINE, PURPOSE: Boat Moorage DATUM: C.O.E. Locks Datura Est. 1919 ADJACENT PROPERTY OWNERS: 1. Charles & Elaine Wu 2. Peng Jiang VICINITY MAP NAME: Mark Selland REFERENCE M SITE LOCATION ADDRESS: 4017 & 4023 Williams Ave. N Renton, WA 98056 PROPOSED: Pier & Boat Lifts IN: Lake Washington AT: Renton COUNTY: King STATE: WA SHEET 1 of 7 DATE: May 28, 2015 MS&A Selland Pier Project- 14 Figure 2. Site plan PLEASE NOTE THAT THE SHORELINE CONFIGURATION AND PROPERTY LINE EXISTING-,. LOCATIONS ARE APPROXIMATE ONLY. ADJACENT PROPERTY LINES ARE BASED ON SURVEY PIERS REC. NO, 20080208000182. .x PROPOSED PIER W!........_,....'',••.8p. TWO BOAT LIFTS \, \ <029 SFS 56 \ Gllt f��F ADJACENT PIER NOT YET__..__.__..._' s�02�,iq'j9 CONSTRUCTED \ OHWM 70 4f \` Apr LAKE WASHINGTON Cyr�l'LG,✓ \.`'-q,�SCy� \ % 21.85' SITE PLAN SCALE 1" = 60'-0" 0 94 FT IIS � OHWM 21.85' T !f EXISTING — ADJACENT PIER MAY CREEK THE LAKE HOUSES AT EAGLE CO 4001 WELLS AVE N Reference: Applicant Mark Selland N Proposed: Pier & Boat Lifts At: Renton, WA Sheet 2 of T Date: 5!2812015 MS&A Selland Pier Project- 15 Figure 3. Plan view r` --------- ' -DOCK LADDER 10" O STEEL -- PILE SET.- _... . DOCK LIGHT, TYP. (4 TOTAL) -- ELECTRICAL LINE TO BE RUN FROM RESIDENCE AT 4017 WILLIAMS AVE. N. 4"0 STEEL PILES FOR FIRST SET ELECTRICAL -----._.__.. _- CONDUIT 0 20 FT PLAN VIEW SCALE 1"= 10'-0" MS&A 4'-0" Reference: Applicant: Mark Selland Proposed: Pier & Boat Lilts At: Renton, WA Sheet 3 of 7 tate: 5/2812015 Selland Pier Project• 16 w 10" O STEEL _........._, fi mm PILE SET PROPOSED A A BOAT LIFTS-- �i °' DOCK LIGHT, TYP. (4 TOTAL) -- ELECTRICAL LINE TO BE RUN FROM RESIDENCE AT 4017 WILLIAMS AVE. N. 4"0 STEEL PILES FOR FIRST SET ELECTRICAL -----._.__.. _- CONDUIT 0 20 FT PLAN VIEW SCALE 1"= 10'-0" MS&A 4'-0" Reference: Applicant: Mark Selland Proposed: Pier & Boat Lilts At: Renton, WA Sheet 3 of 7 tate: 5/2812015 Selland Pier Project• 16 Figure 4. Elevation view PROPOSED PIER PROPOSED BOAT LIFTS OHW 21.85' -4' 56' EXISTING STEEL & CONCRETE BULKHEAD TO REMAIN ELEVATION VIEW SCALE 1" = 20'-0" 0 30 FT APPROX. LOCATION OF LAKEBED Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 4 of 7 Date: 5/28/2015 MS&A Selland Pier Project• 17 Figure 5. A -A pier section view a. n" PIER SECTION A -A SCALE 112" = 1'-0" WFLOW TED :ICING 0 CEDAR 1A 11.5 .V. STEEL kNNEL ; 3x8x318" GALV. STEEL RECTANGLE Reference: Applicant: Mark Selland Proposed. Pier & Boat Lifts At: Renton, WA Sheet 5 of 7 Date: 5128/2015 MS&A Selland Pier Project• 18 Figure 6. Existing and proposed native vegetation buffer SHORE PINE,---.,, )OTKA ROSE PROPOSED PIER—' AND BOAT LIFTS PROPOSED PLANT COUNT 2 SHORE PINE (TREE) 4 NOOTKA ROSE (SHRUB) 3 RED -FLOWERING CURRANT (SHRUB) 2 TALL OREGON GRAPE (SHRUB) PLANTING PLAN SCALE 1"= 20'-0" N EXISTING CONCRETE WALKWAY TO REMAIN Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 6 of T Date: 5/28/2015 MS&A Selland Pier Project• 19 Figure 7. Existing plant legend EXISTING PLANT LEGEND AMELANCHIER ALNIFOLIA 1 SERVICEBERRY Q CORNUS STOLONIFERA / RED TWIG DOGWOOD (1) MAHONIA AQUIFOLIUM / TALL OREGON GRAPE �+ MAHONIA NERVOSA 1 LOW OREGON GRAPE 9 RIBES SANGUINEUM / RED FLOWERING CURRANT ROSA NUTKANA / NOOTKA ROSE SYPHORICARPOS ALBUS / BALD -HIP ROSE VACCINUM OVATUM / EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS / BLUE OAT GRASS ALLIUM CERNUUM / NODDING ONION ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK FRAGARIA CHILOENSIS 1 BEACH STRAWBERRY GAULTHERIA SHALLON ! SALAL Reference: Applicant: Mark Selland Proposed: Pier & Boat Lifts At: Renton, WA Sheet 7 of 7 Date: 5/28/2015 MS&A Selland Pier Project- 20 Attachment 1. Aerial photograph of the site Arrow indicates the project site. MS&A Selland Pier Project• 21 Attachment 2. Species List for King County LISTED AND PROPOSED ENDANGERED AND THREATENED SPECIES AND CRITICAL HABITAT; CANDIDATE SPECIES; AND SPECIES OF CONCERN IN KING COUNTY AS PREPARED BY THE U.S. FISH AND WILDLIFE SERVICE WASHINGTON FISH AND WILDLIFE OFFICE (Revised April 24, 2013) LISTED Bull trout (Salvelinus confluentus) Canada lynx (Lynx canadensis) Gray wolf (Canis lupus) Grizzly bear (Ursus arctos = U. a. horribilis) Marbled murrelet (Brachyramphus marmoratus) Northern spotted owl (Strix occidentalis caurina) Major concerns that should be addressed in your Biological Assessment of project impacts to listed animal species include: 1. Level of use of the project area by listed species. 2. Effect of the project on listed species' primary food stocks, prey species, and foraging areas in all 3. Impacts from project activities and implementation (e.g., increased noise levels, increased human activity and/or access, loss or degradation of habitat) that may result in disturbance to listed species and/or their avoidance of the project area. Castilleja levisecta (golden paintbrush) [historic] Major concerns that should be addressed in your Biological Assessment of project impacts to listed plant species include: 1. Distribution of taxon in project vicinity. 2. Disturbance (trampling, uprooting, collecting, etc.) of individual plants and loss of habitat. 3. Changes in hydrology where taxon is found. DESIGNATED Critical habitat for bull trout Critical habitat for the marbled murrelet Critical habitat for the northern spotted owl PROPOSED North American wolverine (Gulo gulo luteus) — contiguous U.S. DPS CANDIDATE Fisher (Martel pennanti) — West Coast DPS Oregon spotted frog (Rana pretiosa) [historic] Yellow -billed cuckoo (Coccyzus americanus) Pinus albicaulis (whitebark pine) MS&A Selland Pier Project- 22 SPECIES OF CONCERN Bald eagle (Holiaeetus leucocephalus) Beller's ground beetle (Agonum belleri) Cascades frog (Rana cascadae) Hatch's click beetle (Eanus hatchi) Larch Mountain salamander (Plethodon larselli) Long-eared myotis (Myotis evolis) Long-legged myotis (Myotis volans) Northern goshawk (Accipiter gentilis) Northern sea otter (Enhydra lutris kenyoni) Northwestern pond turtle (Emyr (= Clemmys) marmorata marmorata) Olive -sided flycatcher (Contopus cooperi) Pacific lamprey (Lampetra tridentata) Pacific Townsend's big -eared bat (Corynorhinus townsendii townsendii) Peregrine falcon (Falcon peregrines) River lamprey (Lampetra ayresi) Tailed frog (Ascaphus truei) Valley silver spot (Speyer serene brewery) Western toad (Bufo Koreas) Aster curt us (white -lop aster) Botrychium pedunculosum (stalked moonwort) Cimici, fuga elata (tall bugbane) MS&A Selland Pier Project- 23 Attachment 3. Essential Fish Habitat Assessment A. Background The Magnuson -Stevens Fishery Conservation and Management Act (MSA), as amended by the Sustainable Fisheries Act of 1996 (Public law 104-267), requires Federal agencies to consult with NMFS on activities that may adversely affect designated Essential Fish Habitat (EFH) for the relevant species. According to the MSA, EFH means "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." For the Pacific West Coast, the Pacific Fisheries Management Council (Council) has designated EFH for federally managed groundfish (PFMC 1998a), coastal pelagic (PFMC 1998b) and Pacific salmon fisheries (PFMC 1999). The purpose of the EFH Assessment is to determine the effects of the proposed project on the EFH for the relevant species and to recommend conservation measures to avoid, minimize or otherwise offset adverse effects on EFH. B. Identification of EFH The designated EFH for groundfish and coastal pelagic species encompasses all waters from the mean high water line, and upriver extent of saltwater intrusion in river mouths, along the coasts of Washington, Oregon and California, seaward to the boundary of the U. S. exclusive economic zone (370.4 km) (PFMC 1998a, 1998b). The designated EFH in estuarine and marine areas for Pacific salmon species extends from the nearshore and tidal submerged environments within state territorial water out to the full extent of the exclusive economic zone (370 .4 km) offshore of Washington, Oregon and California north of Point Conception to the Canadian border PFMC, 1999). Freshwater EFH for Pacific salmon includes all those streams, lakes, ponds, wetlands and other water bodies currently, or historically accessible to salmon in Washington, Oregon, Idaho and Califomia, except areas upstream of certain impassable man-made barriers, and longstanding, naturally -impassable barriers. Chinook salmon and coho salmon are the species with designated EFH that are found in Lake Washington C. Proposed Action The details of the proposed project are presented in section of the attached BE/Lake and Stream Study Report. D. Effects of the Proposed Action The effects of this project on designated EFH are likely to be similar to the effects described in detail in the Effects Analysis section of the attached BE/Lake and Stream Study Report. The project is likely to have no permanent, long-term effects EFH designated for chinook and coho salmon. E. EFH Conservation Measures The conservation measures mentioned in the attached BE/Lake and Stream Study Report will be implemented to minimize possible adverse effects to EFH. F. Conclusion The project may have temporary adverse effects on EFH the salmon species, but will not produce long-term adverse effects on EFH for the above species. MS&A Selland Pier Project- 24 G. Additional References PFMC (Pacific Fishery Management Council). 1999. Amendment 14 to the Pacific Coast Salmon Plan. Appendix A: Description and Identification of Essential Fish Habitat, Adverse Impacts and Recommended Conservation Measures for Salmon (August 1999). PFMC, 1998a. Final Environmental Assessment/Regulatory Review for Amendment 11 to the Pacific Coast Groundfish Fishery Management Plan (October, 1998). PFMC, 1998b. The Coastal Pelagic Species Fishery Management Plan: Amendment 8 (December, 1998). MS&A Selland Pier Project• 25 Attachment 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook Project description: Construction of a new pier on Lake Washington in Renton, This assessment covers the primary constituent elements (50 CFR Part 226, page 74581-2) determined essential to the conservation of Puget Sound Chinook salmon (Oncorhynchus tshawytscha): (1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Existing Conditions: There are no suitable freshwater spawning sites at the project location. (2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover such as shade, submerged and overhanging large wood, logjams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Existing Conditions: Native vegetation has been planted immediately landward of the bulkhead in conjunction with the upland development. There is a concrete/steel bulkhead along the site shoreline. No side channels or undercut banks were noted. (3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Existing Conditions: See (2) above. (4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh -and saltwater; natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: See (2) above. (5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulder and side channels. Existing Conditions: The site is in a freshwater area. (6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Existing Conditions: The site is in a freshwater lake area. MS&A Selland Pier Project• 26 Effects Analysis: A complete discussion of the effects of this project is seen in the BE/Lake and Stream Study Report. Construction will produce brief and localized increased turbidity, which will be contained by a silt curtain. The project will have no long-term impacts on water quantity, salinity conditions or water temperature. Construction during work windows will prevent impacts to the listed fish species. Shading impacts on the benthic environment will be reduced by design components of the proposed project. The entire dock will be fully grated. Only two 4" diameter steel pilings will be used to support the first 40' of the pier to minimize migration obstacles for young salmonids that prefer the shallowest areas. The construction barge will not be allowed to ground out on the lake bottom at anytime. Additional native vegetation will be planted (Figure 6). Determination of Effect: "May affect, not likely to adversely affect" MS&A Selland Pier Project- 27 Attachment 5. Assessment of Impacts to Critical Habitat for Coastal - Puget Sound Bull Trout Applicant: Mark Selland The primary constituent elements determined essential to the conservation of bull trout (Salvelinus confluentus) are: (1) Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures from 32 to 72 °F (0 to 22 °C) but are found more frequently in temperatures ranging from 36 to 59 °1~ (2 to 15'Q. These temperature ranges may vary depending on bull trout life history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence. Stream reaches that preclude bull trout use are specifically excluded from designation. Existing Conditions: The project will take place in Lake Washington, a large body of fresh water. Effects to PCE: The project is not expected to have any influence on the water temperature of Lake Washington. (2) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to provide a variety of depths, velocities, and in stream structures. Existing Conditions: Project will take place in Lake Washington - not in a stream environment Effects to PCE: No effect (3) Substrates of sufficient amount, size and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young -of -the year and juvenile survival. This should include a minimal amount of fine substrate less than 0.25 in (0.63 cm) in diameter. Existing Conditions: No spawning activity at the site Effects to PCE: No effect (4) A natural hydrograph, including peak, high, low, and base flows within historic ranges or, if regulated, currently operate under a biological opinion that addresses bull trout, or a hydrograph that demonstrates the ability to support bull trout populations by minimizing daily and day-to-day fluctuations and minimizing departures from the natural cycle of flow levels corresponding with seasonal variation: This rule finds that reservoirs currently operating under a biological opinion that addresses bull trout provides management for PCEs as currently operated. Existing Conditions: Project will take place in Lake Washington Effects to PCE: The project does not involve any alteration in the lake level; therefore it will have no impact on this PCE. MS&A Selland Pier Project• 28 (5) Springs, seeps, groundwater sources, and subsurface water to contribute to water quality and quantity as a Cold- water source. Existing Conditions: See 4 above Effects to PCE: This project will have no impact on springs, seeps, groundwater sources or subsurface water (6) Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows. Existing Conditions: Native vegetation has been planted along the site shoreline. Effects to PCE: The proposed dock will incorporate design components that will decrease negative impacts on foraging habitat and migratory corridors. The proposed dock will be fully grated. (7) An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish. Existing Conditions: Native vegetation has been planted along the site shoreline. Effects to PCE: See 6 above (S) Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival are not inhibited. Existing Conditions: See 4 above. Effects to PCE: Pile driving may produce temporary turbidity impacts. These are expected to be short term and are not expected to have a significant impact on critical habitat. Any debris associated with the project construction phase will be contained by a silt containment curtain. Determination of Effect: "No destruction or adverse modification" Conservation Measures: Conservation measures for this project are seen in the BE/Lake and Stream Study Report. MS&A Selland Pier Project• 29 J CHICAGO TITLE COMPANY OF WASHINGTON James W. Thorp and Maryann D. Thorp 4023 Williams Avenue N. Renton, WA 98056 701 5th Avenue, Suite 2300 Seattle, WA 98104 Phone: (206)626-5603 /Fax: (206)628-9717 Date: May 14, 2015 Order No.: 1241245C-RBG Buyer(s): James W. Thorp and Maryann D. Thorp Property: 4023 Williams Avenue N. Renton, WA 98056 Enclosed is your Title Policy or Guarantee in connection with the above referenced transaction. Please call us immediately if you have any questions or concerns. Sincerely, Robert Gatchel Title Examiner Robert.Gatchel@ctt.com r9 Policy/Guarantee Product Enclosure Letter - Title SSCORPD0272.doc I Updated: 07.21.14 Page 1 Printed: 05.14.15 @ 07:52 AM by RG W A -CT -F NSE-02150.$20780-12412450-RBG ALTA HOMEOWNER'S POLI., OF TITLE INSURANCE FD.. A ONE -TO -FOUR FAMILY RESIDENCE Policy Number: Issued By: *" CHICAGO TITLE INSURANCE COMPANY 1241245C-RBG OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between You and Us. It applies only to a one -to -four family residence and only if each insured named in Schedule A is a Natural Person. If the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one -to -four family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately. The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed on the Policy. The Policy is limited by: • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions • Exclusions • Conditions You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by someone else after You transfer Your Title. IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS. The premium for this Policy is paid once. No additional premium is owed for the Policy. This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail Your rights and obligations and Our rights and obligations. Since the Policy - and not this sheet - is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. if You have any questions about Your Policy, contact: Chicago Title Company of Washington, 701 5th Avenue, Suite 2300, Seattle, WA 98104 Copyright American Land Title Association. All rights reserved. AME°""" ue n mie a.wnnnnw The use of this Form Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowners Policy of Title Insurance for a one -To -Four Family Residence (4210 312 0 1 0) Printed: 05.14.15 @ 07:51 AM Page 1 WA-CT-FNSE-02150.624669SPS-72420-1-15-12412450-RBG CHICAGO TITLE INSURANCi._ _ _IMPANY TABLE OF CONTENTS OWNER'S COVERAGE STATEMENT COVERED RISKS OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS EXCLUSIONS CONDITIONS 1. Definitions 2. Continuation of Coverage 3. How to Make a Claim 4. Our Choices When We Learn of a Claim 5. Handling a Claim or Legal Action 6. Limitation of Our Liability 7. Transfer of Your Rights to Us 8. This Policy is the Entire Contract 9. Increased Policy Amount 10. Severability 11. Arbitration 12. Choice of Law 0 POLICY NO. 12412450-RBG SCHEDULE A Policy Number, Premium, Date and Time and Amount Deductible Amounts and Maximum Dollar Limits of Liability Street Address of the Land 1. Name of Insured 2. Interest in Land Covered 3. Description of the Land SCHEDULE B - EXCEPTIONS AHER1CAn Copyright American Land Title Association. All rights reserved, EAwo TITLE AM The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowners Policy of Title Insurance fora One -To -Four Family Residence (0210312010) Printed: 05.14,15Q07:51 AM Page 2 WA-CT-FNSE-02150.824689-SPS-72420.1.15.12412450-RBG CHICAGO TITLE INSURANCE COMAY - OLICY NO. 1241245C-RBG As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the address shown in Section 3 of the Conditions. OWNER'S COVERAGE STATEMENT This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy. The loss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which there is located a one -to -four family residence and only when each insured named in Schedule A is a Natural Person. Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date. Your insurance is limited by all of the following: • The Policy Amount • For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A • The Exceptions in Schedule S • Our Duty To Defend Against Legal Actions • The Exclusions • The Conditions COVERED RISKS The Covered Risks are: 1. Someone else owns an interest in Your Title. 2. Someone else has rights affecting Your Title because of leases, contracts, or options. 3. Someone else claims to have rights affecting Your Title because of forgery or impersonation. 4. Someone else has an easement on the Land. 5. Someone else has a right to limit Your use of the Land. 6. Your Title is defective. Some of these defects are: a. Someone else's failure to have authorized a transfer or conveyance of your Title. b. Someone else's failure to create a valid document by electronic means. c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded. d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of attorney. e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records. f. A defective judicial or administrative proceeding. i. Any of Covered Risks 1 through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Title, including a: a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid; b. Mortgage; c. judgment, state or federal tax lien; d. charge by a homeowner's or condominium association; or e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date. 9. Someone else has an encumbrance on Your Title. eAAE RI: CAN Copyright American Land Title Associatlon. All rights reserved. LAN h TUTEE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. It All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeownees Policy o(Title Insurance for a one -To -Four Family Residence (02103=10) Printed: 05.14.15 C 07:51 AM Page 3 wA-CT-FNSE-02150.624669-SPS-72420.1-15-12412450-RBG CHICAGO TITLE INSURANCI )MPANY POLICY NO. 1241245C-RBG 10. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity. 11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right. 12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any violation that relates to: a. any obligation to perform maintenance or repair on the Land; or b. environmental protection of any kind, including hazardous or toxic conditions or substances unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists. Our liability for this Covered Risk is limited to the extent of the violation stated in that notice. 13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B. 14. The violation or enforcement of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; or f. environmental protection, if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that notice. 15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice. 16. Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are required to correct or remove the violation; or c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if: a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 18. You are forced to remove or remedy Your existing structures, or any part of them - other than boundary walls or fences - because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 19. You are forced to remove or remedy Your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Copyright American Land Title Association. All rights reserved, [AND c.+N ,ar,n Tarte •nU�,nt-k,N The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance for a One -To -Four Family Residence (02103!2010) Printed: 05.14.15 @ 07:51 AM Page 4 wA-CT-FNSE-02150.624669-SPS-72420-1-15-1241245C-RBG CHICAGO TITLE INSURANCE CONI_ _ 1Y .'OLICY NO. 12412450-RBG 20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. 21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing structures encroach onto the Land. 23. You are forced to remove Your existing structures which encroach onto an easement or over a building set -back line, even if the easement or building set -back line is excepted in Schedule B. 24. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the Land, even if the easement is excepted in Schedule B. 25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. 26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race, color, religion, sex, handicap, familial status, or national origin. 27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. 28. Your neighbor builds any structures after the Policy Date - other than boundary walls or fences - which encroach onto the Land. 29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy, state insolvency, or similar creditors' rights laws. 31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date, 32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense. We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under Section 4 of the Conditions. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under License from the American Land Title Association. ALTA Homeowners for a Ona -Tc -Four Famby Residence (0 2103120 1 0) Printed: Ob. 14.15 Pape 5 WA-CT-FNSE•02150.624669-SPS-72420-1-15-12 AMERICAN EANEI TITLE u, .1-M CHICAGO TITLE INSURANC ?�II`PANY —.-1 POLICY NO. 12412450-RBG THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Chicago Title Company of Washington 701 Sth Avenue, Suite 2300 Seattle, WA 96104 Countersigned By: Authorized Officer or Agent Chicago Title Insurance Company By: President Attest: Secretary Copyright American Land Title Association. All rights reserved. AMERICAN As.U(:tnniM The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land TiOe Association. ALTA Homeowners Policy orTltie Insurance for a One -Ta -Four Family Resklmnce (02103=10) Printed: 05.14.15 Q 07.51 AM Paye 9 WA-CT-FNSE-02150.624Wg-SPS-72420•1-15-12412450-RBG CHICAGO TITLE INSURANCE CaMI . _.Y SCHEDULE A . OLICY NO. 1241245C-RBG Date of Policy " Policy Amount Premium May 5, 2015 at 08:00 AM $2,200,000.00 $1,589.00 Our name and address is: Regional Builder Group Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16, 18, 19 and 21: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A $ 10,000.00 or $ 2,500.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A $ 5,000.00 or $ 2,300.00 (whichever is less) Street Address Of The Land: 4023 Williams Avenue N., Renton, WA 98056 1. Name of Insured: James W. Thorp and Maryann D. Thorp, husband and wife 2. Your interest in the Land covered by this Policy Is: Fee Simple 3. The Land referred to in this Policy is describer! as: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A AM[PI{AN Copyright American Land Title Association. All rights reserved. IND Tilt! The use of this Form Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under ricense from the American Land Title Association. ALTA Homeowner's Policy of TMe insurance for a One -To -Four Family Rest lerwe (42MM010) Printed: 05.14.15 Q 07:51 AM Pte 7 WA-CT-FNSE-02150.624669-SPS-72420.1-15.12412450-RBG EXHIBIT "A" Legal Description Lot 45, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat. 000000■ rKIC Copyright American Land Title Association. All rights reserved. ; ND T;M The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA Homeowners Policy of Tide Insurance for a Ona -To -Four Family Residence (0 210 312 0 1 0) Printed: 05.14.15 @ 07:51 AM Page a WA-CT-FhlSE-02150.624669-SPS-7242()-i-15-1241245C-R6r CHICAGO TITLE INSURANCE COMI Y OLICY NO. 1241245C-RBG SCHEDULE B EXCEPTIONS In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any Gen, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any Gen for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. AMERICAN Copyright American Land Title Assoclatlon. All rights reserved. LAND TITLE n>sucGri... The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. r -- ALTA Homeowners Policy of Title Insurance for a One -To -Four Family Residence (02103/n10) Printed: 05.14.15 @ 07:51 AM Page 9 WA-CT-FNSE-02150,624669•SPS-72420-1-15-1241245C-RBG CHICAGO TITLE INSURANCE MPANY POLICY NO. 1241245C-RBG SCHEDULE B EXCEPTIONS (continued) SPECIAL EXCEPTIONS 1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill: Recording No: 20080208000182 Said instrument contains provision for bearing the cost of maintenance of Tract K and the easement on Lot 47 by the users. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Comcast of Washington IV, Inc. Purpose: Broadband communication system Recording Date: December 24, 2007 Recording No.: 20071224000192 Affects: as described in said instrument 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Barbee Mill Co. Inc. Purpose: Ingress, egress and other purposes Recording Date: August 14, 2008 Recording No.: 20080814000714 Affects: as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20060929003429. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Barbee Mill Co. Inc., a Washington corporation Purpose: Compliance monitoring wells Recording Date: June 27, 2008 Recording No.: 20080627001002 Affects: as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20080519002006. Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No.: 467141 r� AM LAI CAN Copyright American Land Title Association. All rights reserved. `AN67"" 11f?Glln,luw The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited, Reprinted under license from the American Land Title Association. ALTA Homeowners Policy of Title Insurance for a One -To -Four Family Residence (02!0312010) Printed: 05.14.15 @ 07:51 AM Page 10 WA•CT•FNSE-02150.624669-SPS-72420-1-15-1241245C-RBG CHICAGO TITLE INSURANCE CO`M1 Y SCHEDULE B EXCEPTIONS (continued) OLICY NO. 1241245C-RBG 6. Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document 7. 8. 9. 10. Recording Date: July 13, 2010 Recording No.: 20100713000747 Said instrument is a restated and amended declaration of covenants, conditions and restrictions for Barbee Mill, recorded under recording nos. 20080208000183 and 20080613001522. Enviromental covenant and the terms and conditions thereof: Recording Date: June 6, 2008 Recording No.: 20080606001208 Affects: entire plat Agreement Release of Damage Executed by: Clarissa D. Colman and United States of America Recording Date: October 24, 1906 Recording No.: 429598 Releasing United States of America from all future claims for damages resulting from: Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the water level of Lake Washington. Agreement Executed by: Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC Recording Date: September 29, 2006 Recording No.: 20060929003431 Amended and/or modification: Recording Date: Recording No.: Agreement August 14, 2008 20060814000715 Executed by: Conner Homes at Barbee Mill, LLC, a Washington limited liability company and City of Renton, a non charter code city Recording Date: October 3, 2011 Recording No.: 20111003000168 ■i, AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ANUC 11111IN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance for a One -To -Four Family Residence (0210312010) Printed: 05.14.15 @ 07:51 AM Page 11 WA-CT-FNSE-02150.624669-SPS-72420-1-15.1241245C•RBG CHICAGO TITLE INSURANCI WPANY POLICY NO. 124124SC-RBG SCHEDULE B EXCEPTIONS (continued) 11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or riparian owners to use any portion which is now or was formerly covered by water. 12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. 13. Not withstanding paragraph 4 of the insuring clauses of the policy, the access coverage referenced in said paragraph 4 is limited to the access allowed in any crossing permit which may be required by the owner of the adjoining railroad right of way (or former railroad right of way), subject to the terms, conditions and provisions therein. 14. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2015 Tax Account No.: 051850-0450-09 Levy Code: 2100 Assessed Value -Land: $702,000.00 Assessed Value -Improvements: $1,176,000.00 General and Special Taxes: Billed: $23,737.97 Paid: $11,868.99 Unpaid: $11,868.98 END OF SCHEDULE B AOA ER1CAN Copyright Amerlcan Land Title Association. All rights reserved. LAND TITLE -OL I41KIM The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title insurance for a One -To -Four Family Residence (02!0312040) Printed: 05,14.15@07:51 AM Page 12 WA-CT-FNSE-02150.624669-5P5.72420-1.15-1241245C-RBG CHICAGO TITLE INSURANCE CONI Y EXCLUSIONS OLICY NO. 124124SC-RBG In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I . Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e, land division; and f. environmental protection. This Exclusion does not limit the coverage described In Covered Risk 8.a„ 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c, that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7. 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7, The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency. or similar creditors' rights laws. CONDITIONS 1. DEFINITIONS a. Easemen - the right of someone else to use the Land for a special purpose. b. Estate Planning Entity - A legal entity or Trust established by a Natural Person for estate planning. C. Known - things about which You have actual knowledge. The words "Know" and "Knowing" have the same meaning as Known. d. Land - the land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which are real property, e, Mortaaoe - a mortgage, deed of trust, trust deed or other security Instrument. f. Natural Person - a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even if the trustee is not a human being. g. Policy Date - the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown In Schedule A by an instrument recorded in the Public Records later than the date and time shown in Schedule A, the Policy Date is the date and time the instrument Is recorded. h. Public Records - records that give constructive notice of matters affecting Your Title. according to the state statutes where the Land is located. I. Title - the ownership of Your interest in the Land, as shown in Schedule A. j. Trust - a living trust established by a Natural Person for estate planning. k. We/Our/ s - Blank Title insurance Company. I. You/Your - the insured named in Schedule A and also those identified in Section 2.b. of these Conditions. 2. CONTINUATION OF COVERAGE a. This Policy insures You forever, even after You no longer have Your Title. You cannot assign this Policy to anyone else. b_ This Policy also insures: (1) anyone who inherits Your Title because of Your death; (2) Your spouse who receives Your Title because of dissolution of Your marriage; (3) the trustee or successor trustee of a Trust or any Estate Planning Entity to whom You transfer Your Title after the Policy Date; (4) the beneficiaries of Your Trust upon Your death; or (5) anyone who receives Your Title by a transfer effective on Your death as authorized by law. a>_ Copyright American Land Title Association. All rights reserved. LAN ACAN AND TIT L!E usl,4.Al.M The use of this Form is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowners Policy or Titie Insurance for a One -To -Four Family Residence (02103/2010) Printed: 05.14.15 @ 07:51 AM Page 13 WA-CT-FNSE-02150.624669-SPS-72420-1-15.1241245C-RBG CHICAGO TITLE INSURANC }-141PANY POLICY NO. 1241245C-RBG (continued) c_ We may assert against the insureds identified in Section 2.b. any rights and defenses that We have against any previous insured under this Policy. 3. HOW TO MAKE A CLAIM a. Prompt Notice Of Your Claim (1) As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing. (2) Send Your notice to Chicago Title Insurance Company, P.O. Box 45023, Jacksonville, FL 32232-5023, Attn_ Claims Department. Please include the Policy number shown in Schedule A, and the county and state where the Land is located. Please enclose a copy of Your policy, if available, (3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to resolve the claim or defend You, b. Proof Qf Your Loss (1) We may require You to give Us a written statement signed by You describing Your loss which includes: (a) the basis of Your claim; (b) the Covered Risks which resulted in Your loss: (c) the dollar amount of Your loss; and (d) the method You used to compute the amount of Your loss. (2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to Your claim. We may make copies of these papers. (3) We may require You to answer questions about Your claim under oath. (4) If you fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. 4. OUR CHOICES WHEN WE LEARN OF A CLAIM a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy, Our choices include one or more of the following: (1) Pay the claim; (2) Negotiate a settlement; (3) Bring or defend a legal action related to the claim; (4) Pay You the amount required by this Policy; (5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (6) End the coverage described in Covered Risk 16, 18, 19 or 21 by paying You the amount of Your insurance then in force for the particular Covered Risk, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (7) End all coverage of this Policy by paying You the Policy Amount then in force, and those costs, attorneys' fees and expenses incurred up to that time which We are obligated to pay; (8) Take other appropriate action_ b. When We choose the options in Sections 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or continue to defend, any legal action. C. Even If We do not think that the Policy covers the claim, We may choose one or more of the options above. By doing so, We do not give up any rights. 5. HANDLING A CLAIM OR LEGAL ACTION a, You must cooperate with Us in handling any claim or legal action and give Us all relevant information. b. if You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You, c. We are required to repay You only for those settlement costs, attorneys' fees and expenses that We approve in advance. d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest level. We do not have to pay Your claim until the legal action is finally decided. e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under this Policy. By doing so, We do not give up any rights. 6. LIMITATION OF OUR LIABILITY a. After subtracting Your Deductible Amount if it applies, We will pay no more than the least of: (1) Your actual loss; (2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk, for claims covered only under Covered Risk 16, 16, 19 or 21; or Copyright American Land Title Association. Ali rights reserved. L Mgra wNDD 7T1ITh The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowners Policy of Title Insurance for a One -To -Four Family Residence (02)03/2010) Printed: 05.14.15 @ 07:51 AM Page 14 WA-CT-FNSE-02150.624689-SPS-72420-1-15-12412450-RBG CHICAGO TITLE INSURANCE COIN! Y (continued) OLICY NO. 1241245C-RBG (3) the Policy Amount then in force. and any costs, attorneys' fees and expenses that We are obligated to pay under this Policy. b. If We pursue Our rights under Sections 4.a.(3) and 5.e. of these Conditions and are unsuccessful in establishing the Title, as insured: (1) the Policy Amount then in force will be increased by Ten percent (10%) of the Policy Amount shown in Schedule A. and (2) You shall have the right to have the actual loss determined on either the date the claim was made by You or the date it is settled and paid. c. (1) If We remove the cause of the claim with reasonable diligence after receiving notice of it, all Our obligations for the claim end, including any obligation for loss You had while We were removing the cause of the claim, (2) Regardless of 6.c,(1) above, if You cannot use the Land because of a claim covered by this Policy: (a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay, until the earlier of: (i) the cause of the claim is removed; or (ii) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 16, 18, 19 or 21, that payment is the amount of Your insurance then in force for the particular Covered Risk. (b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including transportation of that personal property for up to twenty-five (25) miles from the Land, and repair of any damage to that personal property because of the relocation. The amount We will pay You under this paragraph is limited to the value of the personal property before You relocate it. d. All payments We make under this Policy reduce the Policy Amount then in force except for costs, attorneys' fees and expenses. All payments We make for claims which are covered only under Covered Risk 16, 18, 19 or 21 also reduce Our Maximum Dollar Limit of Liability for the particular Covered Risk, except for costs, attorneys' fees and expenses. e. If We issue, or have issued, a Policy to the owner of a Mortgage that is on Your Title and We have not given You any coverage against the Mortgage, then: (1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage, and any amount paid shall be treated as a payment to You under this Policy, including under Section 4.a. of these Conditions; (2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount then in force; and (3) if Your claim is covered only under Covered Risk 15, 18, 19 or 21, any amount paid to the owner of the Mortgage shall also be subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk. f. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by which You reduced the value of that right. TRANSFER OF YOUR RIGHTS TO US a. When We settle Your claim, We have all the rights and remedies You have against any person or property related to the claim. You must not do anything to affect these rights and remedies. When We ask, You must execute documents to evidence the transfer to Us of these rights and remedies. You must let Us use Your name in enforcing these rights and remedies. b. We will not be liable to You if We do not pursue these rights and remedies or If We do not recover any amount that might be recoverable. c. We wilt pay any money We collect from enforcing these rights and remedies in the following order: (1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights and remedies; (2) to You for Your loss that You have not already collected; (3) to Us for any money We paid out under this Policy on account of Your claim; and (4) to You whatever is left. d. If You have rights and remedies under contracts (such as indemnities, guaranties, bonds or other policies of insurance) to recover all or part of Your loss, then We have all of those rights and remedies, even if those contracts provide that those obligated have all of Your rights and remedies under this Policy. 8. THIS POLICY IS THE ENTIRE CONTRACT This Policy, with any endorsements. is the entire contract between You and Us. To determine the meaning of any part of this Policy, You must read the entire Policy and any endorsements. Any changes to this Policy must be agreed to in writing by Us. Any claim You make against Us must be made under this Policy and is subject to its terms. 9. INCREASED POLICY AMOUNT The Policy Amount then in force will increase by Ten percent (10%) of the Policy Amount shown in Schedule A each year for the first five years following the Policy pate shown in Schedule A, up to One Hundred Fifty percent (150%) of the Policy Amount shown in Schedule A. The increase each year will happen on the anniversary of the Policy Date shown in Schedule A. 10. SEVERABILITY If any part of this Policy is held to be legally unenforceable, both You and We can still enforce the rest of this Policy. 11. ARBITRATION a. If permitted in the state where the Land Is located, You or We may demand arbitration. t�A AMLNICAN Copyright American Land Title Association. Ali rights reserved. L�«a T,TLE A>SLI,x„uH The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use_ c All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowners Policy of Titla insurance for a One -To -Four Family Residence (0210312410) Printed: 05.14.15 @ 07:51 AM Page 15 WA-CT-FNSE-02150,624668-SPS-72420.1.15-1241245C-RBG CHICAGO TITLE INSURANCI )WIPANY POLICY NO. 1241245C-RBG (continued) b. The law used in the arbitration is the law of the state where the Land is located. c. The arbitration shall be under the Title Insurance Arbitration Rules of the American Land Title Association ("Rules'), You can get a copy of the Rules from Us. d, Except as provided in the Rules, You cannot Jain or consolidate Your claim or controversy with claims or controversies of other persons. e. The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and Us. f. The arbitration award may be entered as a judgment in the proper court. 12. CHOICE OF L.AW The law of the state where the Land is located shaft apply to this policy. t� RME RICAN Copyright American land Title Association. All rights reserved. Lawn TITII The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowners Policy or Title Insurance for a One -To -Four Family Residence (0210312010) Printed: 05,14,15 @ 07:51 AM Page 16 WA•CT-FNSE•02150.624669-SPS-72420-1-15.1241245GRBG 0 When recorded return to: Mark Selland 4017 Williams Ave N Renton, WA 98056 Filed for record at the request of: (*)eCHICAGO TITLE GO.WPAMY OF WASWROTON 11411 NE 124th St. Building A, Suite 260 Kirkland, WA 98034 Escrow No.: 1241246-RBG 20141m1400,12i6 CHICAGO TITLE WD 76.00 PAGE -001 OF 005 10/14/2014 15:33 KING COUNTY, WA E269528 10/14/2014 15:33 KING COUNTY, WA TAX SALE 39,699.00 $2, 30,0@0.00 PAGE -001 OF 001 STATUTORY WARRANTY DEED THE GRANTOR(S) Barbee Mill Waterfront, LLC, a Washington limited liability company for and in consideration of Ten And No/100 Dollars ($10.00) , and other valuable consideration in hand paid, conveys, and warrants to Mark Selland, V\'vv� & the following described real estate, situated in the County of King, State of Washington: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Abbreviated Legal: (Required if full legal not inserted above,) Lot(s): 46 Barbee Mill Tax Parcel Number(s): 051850-4460 Subject to: Subject to: Exceptions Set forth on attached exhibit and by this reference made a part hereof as if fully incorporated herein. Dated: October 8, 2014 Barb 111Waterlr�nt, LLC BY` JUL. 01 STATUTORY WARRANTY DEED (continued) State of1vti1'} t ",Jof �� 1� �1r,� I certify that I know or have satisfactory evidence that is/are the person(s) who appeared before me, and said person acknowledged that (helshelthey) signed this instrument, on oath stat d.that (helshelthey) was authorized to,execute the instrument and acknowledged it as they! II ', _ o ' be the free and voluntary act of sdch p^ a y for the uses and purposes mentioned in the instrument. Dated: 1 1p�rw �) ` �N�,�>>1H411{� Name. Notary Public in and for the State of i i �,,, 1r esiding at: „ :` , .., ; u U= �` ora-r�,,�- /, My appointment expires: r cJx ✓� -A EXHIBIT "A" Legal Description Lot 46, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat_ EXHIBIT B EXCEPTIONS Order No.: 124124E -RSG Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill.- Recording illRecording No: 20080208000182 Said instrument contains provision for bearing the cost of maintenance of Tract K and the easement on Lot 47 by the users, Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Comcast of Washington IV, Inc, Purpose: Broadband communication system Recording Date: December 24, 2007 Recording No.: 20071224000192 Affects: as described in said instrument 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Barbee Mill Co. Inc. Purpose: Ingress, egress and other purposes Recording Gate: August 14, 2008 Recording No.: 20080814000714 Affects: as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20060929003429. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Barbee Mill Co. Inc,, a Washington corporation Purpose: Compliance monitoring wells Recording Date: June 27, 2008 Recording No.: 20080627001002 Affects: as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20080519002006. 5. Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No,: 467141 Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document 0 EXHIBIT B EXCEPTIONS (continued) 7, Enviromental covenant and the terms and conditions thereof: Recording Date: .tune 6, 2008 Recording No.: 20080606001208 Affects: entire plat 8. Agreement Release of Damage Executed by: Clarissa D. Colman and United States of America Recording Date: October 24, 1946 Recording No.: 429598 Releasing United States of America from all future claims for damages resulting from: Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the water level of Lake Washington. 9. Agreement Executed by: Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC Recording Date: September 29, 2006 Recording No.: 20060929003431 Amended and/or modification: Recording Date: August 14, 2008 Recording No.: 20080814000715 10. Agreement Executed by: Conner Horses at Barbee Mill, LLC, a Washington limited liability company and City of Renton, a non charter code city Recording Date: October 3, 2011 Recording No.: 20111003000168 11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or riparian owners to use any portion which is now or was formerly covered by water. 12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. 13. Not withstanding paragraph 4 of the insuring clauses of the policy, the access coverage referenced in said paragraph 4 is limited to the access allowed in any crossing permit which may be required by the owner of the adjoining railroad right of way (or former railroad right of way), subject to the terms, conditions and provisions therein. CHICAGO TITLE COMTf ANY QF WASHINGTON Mark Selland 4017 Williams Ave N Renton, WA 98056 701 5th Avenue, Suite 2300 Seattle, WA 98104 Phone: (206)628-56031 Fax: (206)625-9717 Date, October 15, 2014 Order No.: 1241246-RBG Buyer(s): Mark Selland Property: 4017 Williams Ave N Renton, WA 98056 Enclosed is your Title Policy or Guarantee in connection with the above referenced transaction. Please call us immediately if you have any questions or concerns. Sincerely, Robert Gatchel Robert. Gatchel@ctt. aam rg PolicylGuarantee Product Enclosure Letter - Title Printed: 10.15-14 C 06:54AM by RG 9SCORPD0272.doo l updated: 07.21.14 Page 1 WA-CT-FNSE-02160,624780-1241245-RBG ALTA OWNER'S POLICY OF TITLE INSURANCE Issued By: CHICAGO TITLE INSURANCE COMPANY Policy Number: 1241246-RBG Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. C*T+P} 12-401:S�a SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4, No right of access to and from the Land. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. G. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. A ht.RI CAN Copyright American Land Title Association. All rights reserved. LArir�nrir A51f5� IA'i i(iv The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other Uses are prohibited. Reprinted under license From the American Land Tine Association. ALTA owner's Policy (0611712005) Printed: 10.15.14 Q 06 54AM Page 1 5NA-GT-FNSE-02150.624669-SPS-7230E-1-14-1241246-RBG CHICAGO TITLE INSURANCE COMPANY POLICY NO, 1241246-RBG 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge, 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in partr or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor - 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Countersigned By: Authorized Officer or Agent Chicago Title Insurance Company By; Attest: President Secretary AM r: k;AN Copyright American Land Title Association. All rights reserved. ,x,,,, 'rill f The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy (0 611 712 00 6) Printed: 105.14 (d 06:54AM Page 2 wA-CT-FNSE-02150.624669•SPS•72306-1-14-1241246•RBG CHICAGO TITLE INSURANCE COMPANY POLICY NO. 1241246-RBG EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title, 4_ Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 1100 t Copyright American Land Title Association, All rights reserved. I.AN1) 7111T AS SiL1Al.{(w The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA owner's Policy (06/1712006) Printed; 10.15.14 Q 06:54Ah i Page 3 wA-CT-FNSE.02150.624669-SPS-72306-1-14-1241246-RBG CHICAGO TITLE INSURANCE COMPANY SCHEDULE A Name and Address of Title Insurance Company: Regional Builder Group Chicago Title Company of Washington 701 5th Avenue, Suite 2300 Seattle, WA 98104 Address Reference: 4017 Williams Ave N, Renton, WA 98056 POLICY NO. 1241246-RBG Date of Policy Amount of Insurance 1 Premium October 14, 2014 at 08:00AM $2,230,000.00 $1,159.00 J 1. Name of Insured: Mark Selland, an unmarried person as a separate estate 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Mark Selland, an unmarried person as a separate estate 4. The Land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED END OF SCHEDULE A AMr,R;CAN Copyright American Land Title Association. Ali rights reserved. LAND TIT[ IL The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under I€cense from the American Land Title Association. ALTA Owner's Policy (06/1712006) Printed: 10.15.14 Qa 06:54AM Page 4 WA-CT-FNSE-02150.624669-5P5-72306-1-14-1241248-RBG EXHIBIT "A" Legal Description Lot 46, Barbee Mill, according to the plat thereof, recorded in volume 246 of plats, pages 25 through 39, inclusive, in King County, Washington; Together with an undivided interest in Tract K for ingress, egress and utilities as delineated on the face of said plat. .�.Mj:rc;AH Copyright American Land Title Association. All rights reserved. IA.If! TITS r The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use - All other uses are prohibited, Reprinted under license from the American Land Title Association. ALTA owner's Policy (06!1712606) Printed: 10.15.14 @ 06:54AM Page 5 WA-CT-FNSE-02150.524664-SPS-723DB-1-14-1241246-RBG 71 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B EXCEPTIONS FROM COVERAGE POLICY NO. 1241246-RBG This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that arise by reason of, GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. G. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I_ Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. AMUR ICANI Copyright American Land Title Association. All rights reserved. IA.NO rrrrt A41(1S:IAYISIN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. _ All other uses are prohibited. Reprinted under license from the American Land Title Association.Yt ALTA Owner's Policy (D6/1712006) Printed: 10.15.14 @ 06:54AM Page 6 wA-CT-FNSE-o2150.624669-SPS-72306.1.14-1241246-RBG CHICAGO TITLE INSURANCE COMPANY SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) SPECIAL EXCEPTIONS POLICY NO. 1241246-RBG Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes and statements, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Plat of Barbee Mill: Recording No: 20080208000182 Said instrument contains provision for bearing the cost of maintenance of Tract K and the easement on Lot 47 by the users. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Comcast of Washington IV, Inc. Purpose: Broadband communication system Recording Date: December 24, 2007 Recording No.: 20071224000192 Affects: as described in said instrument Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Barbee Mill Co. Inc. Purpose: Ingress, egress and other purposes Recording Date: August 14, 2008 Recording No.: 20080814000714 Affects: as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20060929003429. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Barbee Mill Co. Inc., a Washington corporation Purpose: Compliance monitoring wells Recording Date: June 27, 2008 Recording No.: 20080627001002 Affects: as described in said instrument Said easement is a re-recording of easement recorded under recording no. 20080519002006. Exceptions and reservations contained in deed whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry Grantor: State of Washington Recording No.: 467141 ll� AMf'AIWAN Copyright American Land Title Association. All rights reserved. ihNn TlTlr The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Poky 1;0811712006) Printed: 10.15.14 Q_ 06:64AM Page 7 WA-CT-FNSE-02150.824669-SPS-72305-1-14-1241246-RBG CHICAGO TITLE INSURANCE COMPANY POLICY NO. 9241246-RBG SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) 6. Covenants, conditions, restrictions, easements and liability for assessments, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: July 13, 2010 Recording No.: 20100713000747 Said instrument is a restated and amended declaration of covenants, conditions and restrictions for Barbee Mill, recorded under recording nos. 20080208000183 and 20080613001522. Enviromental covenant and the terms and conditions thereof: Recording Date: June 6, 2008 Recording No.: 20080606001208 Affects: entire plat Agreement Release of Damage Executed by: Clarissa D. Colman and United States of America Recording Date, October 24, 1908 Recording No.: 429598 Releasing United States of America from all future claims for damages resulting from: Construction, operation, and maintenance of canal locks, shipways, waterways and raising and lowering of the water level of Lake Washington. 9. Agreement Executed by: Conner Homes at Barbee Mill, LLC and Barbee Forest Products, LLC Recording pate: September 29, 2006 Recording No.: 20060929003431 Amended and/or modification: Recording Date: August 14, 2008 Recording No.: 20080814000715 10. Agreement Execrated by: Conner Homes at Barbee Mill, LLC, a Washington limited liability company and City of Renton, a non charter code city Recording Date: October 3, 2011 Recording No.: 20111003000168 AMF, iICAM Copyright American Land Title Association. All rights reserved. s.aNn Tail Al S(]I:IAfIl1.Y The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy (9611712006) Printed: 10.15.14 @ 46:54AM Page 8 WA-CT•FNSE-02150.624669-SPS-72306-1-14.1241248-RBG CHICAGO TITLE INSURANCE COMPANY POLICY NO. 1241246-RBG SCHEDULE B EXCEPTIONS FROM COVERAGE (continued) 11. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public OF riparian owners to use any portion which is now or was formerly covered by water. 12. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. 13. Not withstanding paragraph 4 of the insuring clauses of the policy, the access coverage referenced in said paragraph 4 is limited to the access allowed in any crossing permit which may be required by the owner of the adjoining railroad right of way (or former railroad right of way), subject to the terms, conditions and provisions therein. 14. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2014 Tax Account No.: 051850-0460-07 Levy Code: 2100 Assessed Value -Land: $661,000.00 Assessed Value -Improvements: $ General and Special Taxes: Billed: $9,426.88 Paid: $4,713.44 Unpaid: $4,713.44 15. It appears that improvements are located on the Land but are not presently assessed. Supplemental taxes may appear on future tax roils. END OF SCHEDULE B AM 1. it ICAI, Copyright American Land Title Association. All rights reserved. r, vI1 rlrc r A5SO( IAYK[Y The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA Owner's Policy (0 611 7120 0 6) Printed: 14.15.14 @ 06:54AM Page 9 WA-CT-FNSP-02150.624689.SPS-72306-1-14-1241246-RBG CHICAGO TITLE INSURANCE COMPANY POLICY NO. 1241246-RBG CONDITIONS 1. DEMNITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 9(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "EntRy A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stod(, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -awned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in -Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property, The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection hens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable titie. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Dale of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Tille- This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in uniting (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) 9 the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the po3icy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of toss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. nArt :.A C:A N Copyright American Land Title Association. All rights reserved. 1Ar h rinF A"(1( Floe+ The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American land Title Association. ALTA Owner's Policy (0611712006) Printed: 10. 15.14 @ 06:54AM Page 10 WA-CT-FNSE-02150.624669-SPS-72306-1-14-12,41246-R BG CHICAGO TITLE INSURANCE COMPANY (continued) POLICY NO. 1241246-RBG 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured. or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, It is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. r. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy, In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(€) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. t,urrttCAN Copyright American Land Title Association. All rights reserved. 1"imr nrir •\1t1[:Ih'Y IIIA The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA OwnVs Policy (0611 712 00 5) Printed: 10.15.14 @ 06:54AM Page 11 WA-CT•FNSL-02150.624669-SPS-72345-1-14-1241246-RBG CHICAGO TITLE INSURANCE COMPANY POLICY NO. 1241246-RBG (continued) (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the TIVe as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by Ten percent (10%), and (i") the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will aiso pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NCNCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within thirty (30) days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ('Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No1100 Dollars ($2,000,000) or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of Two Million and Noll 00 Dollars ($2,000,000) shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. AM II FICAN Copyright American Land Title Association. All rights reserved. 2AND TITI[ At5[,[;IAlllli: The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. _ All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA Owner's Policy (4611 712 0 0 6) Printed: 10.15.14 @ 06:54AM Page 12 WA-CT-FN5E-02154.624669-SPS-72306.1.14.1241246•RBG CHICAGO TITLE INSURANCE COMPANY (continued) POLICY NO. 1241246-RBG (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, - (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16, SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicabie law, the policy shall he deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17, CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be fled only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Chicago Title Insurance Company P.O. Box 45023 Jacksonville, FL 32232-5023 Attn: Claims Department END OF CONDITIONS ll� A.MI RWAid Copyright American Land Title Association. All rights reserved. 3,ANnnni A15[if:lAil(.y The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, All other uses are prohibited. Reprinted under license from the American Land Title Association, ALTA Owner's Policy (06117/2006) Printed: 10.15.14 @ 06:54AM Page 13 WA-CT-FNSE-02150.624669-SPS-72306-1-141241246-RBG ENDORSEMENT Issued By: CHICAGO TITLE INSURANCE COMPANY Charge: $0.00 HOMEOWNERS ADDITIONAL PROTECTION Attached to Policy Number: 1241246-RBG 1, This endorsement shall be effective only if at Date of Policy there is located on the Land described in the policy a one -to -four family residential structure, in which the Insured owner resides, either at Date of Policy or within one year of Date of Policy, as the Insured owner's principal residence- For the purpose of this endorsement the term "residential structure" is defined as the principal dwelling structure located on the Land, together with a garage or carport used for storage of noncommercial vehicles. The term 'residential structure" shall not include detached outbuildings (other than a garage or carport as defined herein), driveways, walkways, boat ramps, docks, recreational facilities of any kind, subsurface lines, pipes, tanks, septic systems and/or drainfields, plantings of any nature, perimeter fences or perimeter walls, or any other improvements which are not an integral part of the residential structure. 2. The Company hereby insures the Insured owner against loss or damage which the Insured owner shall sustain by reason of: a. the existence at Date of Policy of any unrecorded statutory liens for labor or materials attaching to the Title arising out of any work of improvement on the land in progress or completed at the Date of the Policy, except those liens arising out of a work of improvement for which the Insured has agreed to be responsible. b. the removal of the residential structure or interference with the use thereof for ordinary residential purposes as the result of a final Court Order or Judgment, based upon the existence at the Date of Policy of: (1) any encroachment of the residential structure or any part thereof onto adjoining lands, or onto any easement shown as a special exception in Schedule B of the Policy, or onto any unrecorded subsurface easement; (2) any violation on the Land of enforceable covenants, conditions or restrictions provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sub -lease or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the Land as a building site for the residenfial structure; (b) floor space area of the residential structure; (c) setback of the residential structure from the property lines of the Land; or (d) height of the residential structure. c. damage to the residential structure resulting from the exercise of any right to use the surface of the Land for the extraction or development of the minerals shown as an exception in Schedule B, or excepted from the description of the Land. For purposes of this endorsement, the words "covenants," "conditions" or 'restrictions* shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. Homeowners Addhional Prolec4on Printed: 10,15,14 Q 06:55AM UVA-CT-F NSE -02150.624669 -SPS -72306 -1 -14 -1241248 -ABG Attached to Policy No. 1241246-RBG This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Chicago Title Insurance Company Dated: October 14, 2014 Countersigned By- Authorized Officer or Agent Homeowners AQditional Protection Printed? 10.15.14 Q 06:65AM WA -GT -FN SE-02150.624669-SPS-72306.1.14.124124&RBG ENDORSEMENT HOMEOWNERS INFLATION PROTECTION Attached to Policy Number: Issued By: CHICAGOTITLNSURANCECOMPANY 124124&-RBG EI Charge: $0.00 The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said policy, hereby modifies said policy, as follows: Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 1- "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 2. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index for the month of September immediately preceding exceeds such Index for the month of September one year earlier, provided, however, that the maximum amount of insurance in force shall never exceed 160% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index, 3. In settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such a claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this policy is a parcel on which there is only a one -to -four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside - This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto, Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, if any, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Chicago Title Insurance Company Dated: October 14, 2014 Countersigned By: ��ct.j , Authorized Officer or Agent Homeowner's Inflation Protection Printed: 70.15.14 @ 06:55AM WA -CT -FNS E-02150.624669-SPS-7230(x1-14-1241246-RBG RECEIPT EGO0039923 BILLING CONTACT James Thorpe 4023 WILLIAMS AVE N RENTON, WA 98056 City of Transaction Date: June 26, 2015 REFERENCE NUMBER FEE NAME . ..... ... .... TRANSACTION TYPE ....... . ...... PAYMENT METHOD . .. .. .. .. .. AMOUNT PAID LUA15-000489 PLAN - Environmental Review Fee Payment '.heck #2034 $1,000-00 PLAN - Shoreline Substantial Dev Permits Fee Payment heck #2034 $2,000-00 Technology Fee Fee Payment ::heck #2034 $60.00 Technology Fee Fee Payment :;heck #2034 $30.00 SUB TOTAL 53,090.00 TOTAL $3,090.00 0--- 1 w11 RECEIPT EGO0039923 BILLING CONTACT James Thorpe 4023 W ILL I AMS AVE N RENTON, WA 98056 City Of q�' V il Transaction Date- June 26, 2015 REFERENCE NUMBER FEE NAME TRANSACTION TYPE PAYMENT METHOD AMOUNT PAID LUA1 5-000489 PLAN - Environmental Review Fee Payment 'hock #2034 $1,000,00 PLAN - Shoreline Substantial Dev Permits Fee Payment heck #2034 $2,000.00 Technology Fee Fee Payment heck #2034 $60.00 Technology Fee Fee Payment heck #2034 $30.00 SUB TOTAL 53.,090.00 TOTAL $3,090.00 00 k.. 0: MWO Ry • ...... Or FEE.` NEER rx V�, g ,�g, Ag IN, i 0r.b, I ME I 101a 010 W ... gg Wsm V "M ........ . ...... IX'W/ rF W -y 'ftfffif Off ... .......... WIN; g g HE .0' gg �g /A N/0, ffi NMI .......... m? ...... 41 0, rl Malk NIEMENirn iL nWFF,MEN �" MAY CREEK 80' OHWM 21.85' PROPOSED PIER---\ 56' z PROPOSED BOAT LIF EXISTING STEEL & uj CONCRETE BULKHEAD TO REMAIN g I V, OHW 21.85' .... ............. -777. III- Q THE LAKE HOUSES 00 OHWM AT EAGLE CO 01111 4001 WELLS AVE N 21.85' 7 111111111111111111111=1111= 11=11111111111111111111111111 J � �� uu uu uu uu wi uu uu uu uuuuini— i�—uuuuuuuuuuuu— ('`\. 0 PPROX. LOCATION L.Lj OFLAKEBED a O � SITEPLANN O '��'1�/ �� ELEVATION VIEW � � � �� i , ......................... ...................... ............ .................... ............................... SCALE 1"= 10'-0" SCALE 1"= 301-011 EXISTING-----'�' ADJACENT PIER 0 30 FT 0 90 FT pyq,'N DIvISION ............. ............... ........ ................... PROPOSE BOAT LIFT DOCK LIC ELECTRIC FROM F a )EN PLAN VIEW SCALE 3/16" = 1'-0" N 31 E 20 FT PLANTING PLAN_ SCALE 1 " = 10'-0" rwr.S PIER SECTION AwA. SCALE 1!2" = 1'-0" ZUFLOW kTED 'KI N G 0 CEDAR ;IA 11.5 .V. STEEL kNNEL 3 3x8x3/8" GALV. STEEL RECTANGLE EXISTING PLANT LEGEND 0 00 AMELANCHIER ALNIFOLIA / SERVICEBERRY (Q CORNUS STOLONIFERA 1 RED TWIG DOGWOOD MAHONIA AQUIFOLIUM / TALL OREGON GRAPE Q MAHON IA- NERVOSA /LOW OREGON GRAPE RIBES SANGUINEUM /RED FLOWERING CURRANT QQ ROSA NUTKANA/ NOOTKA ROSE SYPHORICARPOS ALBUS 1 BALD -HIP ROSE VACCINUM OVATUM / EVERGREEN HUCKLEBERRY HELICTOTRICHON SEMPERVIRENS 1 BLUE OAT GRASS JJJJJ ALLIUM CERNUUM / NODDING ONION JJJJJ ARCTOSTAPHYLOS UVA-URSI / KINNIKINNIK FRAGARIA CHILOENSIS 1 BEACH STRAWBERRY GAULTHERIA SHALLON 1 SALAL Architecture & Design 203 N 36th Street, Ste. 201 Seattle, WA 98103 PLAN VIEW SECTION PLANTING PLAN DATE: 6/23/2015 REVISIONS: