HomeMy WebLinkAboutRS_Request_for_Exemption_Letter_VEK_on_Aberdeen_250514 Beaver Creek Environmental Services, Inc.
18033 – VEK on Aberdeen Request for Letter of Exemption 1
POB 731695 • Puyallup WA 98373
(253) 732-6515 MarkHeckert@Outlook.com
February 25, 2025
Planning Director
City of Renton
1055 S. Grady Way
Renton, WA 98057
RE: Critical Areas Letter of Exemption Request
957 Aberdeen Ave NE- Parcel #3119900066
City of Renton, Washington
Planning Dir.,
This is to request a Critical Areas Letter of Exemption for the project at 957 Aberdeen Ave NE,
Parcel #3119900066 for the intrusion into the buffer of Johns Creek for a stormwater conveyance
and distribution facility. This request is submitted with a mitigation plan to mitigate project
impacts.
This conveyance and dispersion facility appears to fit the criteria for exemption detailed in City
of Renton Regs. Chap. 4-3-050C EXEMPT, PROHIBITED AND NONCONFORMING
ACTIVITIES. (below)
The Critical Area is the standard buffer of Johns Creek designated as a Type Ns Water as it
flows thru the project site, with a standard buffer of 50 ft. + 15 ft. BSBL.
4-3-050C 4. Exemptions – In Buffers Only: The activities listed in the following table are allowed
within critical area buffers, and are exempt from the applicable provisions of this Section, provided a
letter of exemption has been issued pursuant to this subsection C. If an “X” appears in a box, the listed
exemption applies in the specified buffer. If an “X” does not appear in a box, then the exemption does
not apply in the required buffer. Whether the exempted activities are also exempt from permits will be
determined based upon application of chapters 4-8 and 4-9 RMC, or other applicable sections of the
Renton Municipal Code. All activities within shoreline jurisdiction are subject to Shoreline Master
Program Regulations in RMC 4-3-090 and 4-10-095.
EXEMPTIONS WITHIN CRITICAL AREA BUFFERS
EXEMPT ACTIVITY
Flood
Hazard Areas
Geologic
Hazard Area
Habitat
Conservation Areas
Streams
and
Lakes: Types F,
Np, & Ns
Wellhead
Protection Areas Wetlands
a. Activities in Critical Area Buffers:
iii. Stormwater Conveyance in Buffer3 X X X
18033 – VEK on Aberdeen Request for Letter of Exemption 2
Footnotes:
3. Necessary conveyance systems including stormwater dispersion outfall systems designed to
minimize impacts to the buffer and critical area, where the site topography requires their location within
the buffer to allow hydraulic function, provided the standard buffer zone area associated with the critical
area classification is retained pursuant to RMC 4-3-050G2, and is sited to reduce impacts between the
critical area and surrounding activities.
Proposed Action:
The selected site development actions for the VEK on Aberdeen is the development of a multi-
family residence community consistent with City of Renton comprehensive plan and local land
use zoning. The creation of this community will include the establishment of multi-family
structures and internal access for driveway and utilities.
Through site planning the project team has been able to design the homesites and associated
utilities to avoid adversely impacting the identified onsite wetlands and stream.
Because of the precipitous nature of the site, collected stormwater must be released where the
stream channel gradient diminishes. All vaults and collection facilities are located outside the
stream buffer. Stormwater will be transported to the Rock-lined Pipe Discharge Protector by
elevated pipe (see detail). The pipe traverses 231 sq. ft. of wetland and stream buffer to the 84
sq. ft. Discharge Protector. This results in a permanent impact to the Critical Areas buffer of 315
sq. ft.
Per RMC 4-3-050J.2.b.iii, new utility routes shall avoid paralleling the stream or following a down-
valley course near the channel. Beaver Creek Environmental Services has reviewed the Tree
Retention Plan by Encompass Engineering & Surveying dated 12/11/2020 to assess compliance
with this code requirement. The proposed storm line that passes through the stream buffer
avoids paralleling the stream to the greatest extent feasible, while still meeting tree retention and
the storm discharge location requirements of the Geotechnical Engineer of Record. Per page
11 of the Revised Geotechnical Engineering Report by the Riley Group (see attached),
stormwater directed toward the downstream steep slope must be piped in a closed conduit
installed on the slope face and discharged beyond the toe of the slope. Therefore, the proposed
outfall location was selected to allow the tightline stormwater pipe to discharge beyond the toe
of slope, where grades are less than 15%. In addition, the proposed tightline stormwater pipe
alignment was selected to avoid disturbance of all protected significant trees within the Critical
Area Tract per City code requirements. To connect the required tightline system to the outfall
location with minimal disturbance of significant trees, the stormwater pipe must parallel the
stream for a short portion of the alignment. The proposal avoids paralleling the stream to the
maximum extent feasible, while still meeting Critical Area Tract tree retention requirements and
the storm discharge location requirements of the Geotechnical Engineer of Record.
This apparently meets the City of Renton criteria in 4-3-050C 4. Exemptions – In Buffers Only
for exemption from buffer proscription.
Additionally, please note:
18033 – VEK on Aberdeen Request for Letter of Exemption 3
The drainages on the site do not meet the criteria for definition as a “stream” under Renton or
State of Washington regulations. The water source is “unnatural” in that it is derived from a
stormwater system on the parcel to the north which focuses flow and forces it to the drainage
course. This water is diverted from the stream to the north into the on-site drainage. The
substantial erosion in the parcel indicates a recent change in flow regime is altering the stream
morphology.
The stream flows west from the site to a culvert under State Hwy. 167. This drainage course is
unnatural in that it was constructed ca. 1940 to divert the stream from the area that became The
Landing development. The drainage flows approximately 340 ft. in the culvert. Daylighting on
the west berm of hwy 167, the drainage flows immediately into the stormwater sewer system.
The storm drain flows south for 1,000 ft., then west 1,000 ft. south of Fry’s Electronics building,
then north 2,000 ft., daylighting again at the north berm of Southport Dr.
“Ns Waters must be physically connected by an above-ground channel system to Type S,
F, or Np Waters.”
Because this drainage traverses over 4,000 ft. in the underground stormwater system, it is not
“physically connected by an above-ground channel system to Type S, F, or Np Waters.”
Therefore, it is not, in fact, a Type Ns water subject to regulation.
However, per City GIS Maps, Johns Creek is identified as a type Ns Stream. Per RMC 4-3-
050E.5.a, the reclassification of a water body to a lower class requires Administrator acceptance
of a stream or lake study, followed by a legislative amendment to the map in subsection E of
RMC 4-3-050 prior to its effect. Therefore, while the critical area study states that the streams
on site do not meet the definition of a Type Ns stream, the streams would be regulated as Type
Ns streams, unless a legislative amendment was requested and approved.
This provides additional justification for obtaining a Critical Areas Letter of Exemption. Please
consider this information when acting on our request.
Thank you for your attention.
Mark Heckert, Principal
Beaver Creek Environmental Services, inc.
Att.3: Siteplan highlighting the conveyance, Priority Habitats & Species data, Jones Creek
drainage map
18033 – VEK on Aberdeen Request for Letter of Exemption 4
Figure 1. Salmon Scape Data showing false drainage, No fish use, and untyped drainage.
DISCLAIMER. This report includes information that the Washington Department of Fish and Wildlife (WDFW) maintains in a central computer database. It is not an attempt to provide you
with an official agency response as to the impacts of your project on fish and wildlife. This information only documents the location of fish and wildlife resources to the best of our knowledge.
It is not a complete inventory and it is important to note that fish and wildlife resources may occur in areas not currently known to WDFW biologists, or in areas for which comprehensive
surveys have not been conducted. Site specific surveys are frequently necesssary to rule out the presence of priority resources. Locations of fish and wildlife resources are subject to
variation caused by disturbance, changes in season and weather, and other factors. WDFW does not recommend using reports more than six months old.
Priority Habitats and Species on the Web
Buffer radius: 20000 Feet
Report Date: 02/25/2025
The Priority Habitats and Species (PHS) datasets do not contain information for your project area. This does not mean that species
and habitats do not occur in your project area. PHS data, points, lines and polygons are mapped only when occurrences of these
species or habitats have been observed in the field. Unfortunately, we have not been able to comprehensively survey all sections in
the state and therefore, it is important to note that priority species and habitats may occur in areas not currently known to the
Department.
PHS Report https://geodataservices.wdfw.wa.gov/hp/phs/
1 of 2 2/25/2025, 11:49 AM
PROJECT SITE
CULVERTED FROM HERE
CULVERTED TO HERE
DRAINAGE SEGMENT IN CULVERT = 4,679 LIN. FT.
Ns - Non-Fish Seasonal
F
-
F
ish
N s - N o n -Fi s h
S e a s o n a l
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)OpenStreetMap contributors, and the GIS User Community
Beaver Creek Environmental ServicesMarkHeckert@Outlook.com253 732 6515 February 26, 2025
Att. 1VEK Renton SiteParcel #3119900066Drainage from Site to Puget Sound0350700175Feet1 inch = 350 feet
µ
Legend
PipeStreams (Classified)
<all other values>
Type Classification
F - Fish
Np - Non-Fish
Ns - Non-Fish Seasonal
S - Shoreline
AB
E
R
D
E
E
N
A
V
E
N
E
IN COMPLIANCE WITH CITY OF RENTON STANDARDS
Know what'sCall below.
before you dig.
R
Encompass
Eastern Washington Division
407 Swiftwater Blvd. ▪ Cle Elum, WA 98922 ▪ Phone: (509) 674-7433
Western Washington Division
165 NE Juniper Street, Suite 201 ▪ Issaquah, WA 98027 ▪ Phone: (425) 392-0250
ENGINEERING & SURVEYING
V.
E
.
K
.
O
N
A
B
E
R
D
E
E
N
6
V.
E
.
K
.
O
N
A
B
E
R
D
E
E
N
DEMOLITION & TESC PLAN
VIEWCREST CAPITAL, LLCUNIT LOT SUBDIVISION
V.E.K. ON ABERDEEN
SURVEY LEGEND:
NO
R
T
H
TESC LEGEND:
CRITICAL AREAS LEGEND:EROSION & SEDIMENT CONTROL (ESC) STANDARD PLAN NOTES:
RETAINED TREE NOTE:
CONSTRUCTION SEQUENCE:
EARTHWORK QUANTITIES:
DEMO NOTE:
CONSTRUCTION SCHEDULE:
·
·
·
DISTURBANCE AREA TABLE:
TRACT G
LOT 6LOT 7LOT 8LOT 9LOT 10LOT 11LOT 12
TRACT D
TRACT F
TRACT E
TRACT B
CB #6
CB #7
AREA
DRAIN #3
AREA
DRAIN #2AREA
DRAIN #1
TRENCH
DRAIN #1CB #1
BIOPOD
CB #2
CB #3
CB #5
CB #4
TRACT C
DETENTION
TANK
AREA
DRAIN #7
PAVING LEGEND:
STRUCTURE TABLE STRUCTURE TABLE STRUCTURE TABLE
IN COMPLIANCE WITH CITY OF RENTON STANDARDS
Know what'sCall below.
before you dig.
R
Encompass
Eastern Washington Division
407 Swiftwater Blvd. ▪ Cle Elum, WA 98922 ▪ Phone: (509) 674-7433
Western Washington Division
165 NE Juniper Street, Suite 201 ▪ Issaquah, WA 98027 ▪ Phone: (425) 392-0250
ENGINEERING & SURVEYING
V.
E
.
K
.
O
N
A
B
E
R
D
E
E
N
13
V.
E
.
K
.
O
N
A
B
E
R
D
E
E
N
COMPOSITE UTILITY PLAN (LOTS 7-12)
VIEWCREST CAPITAL, LLCUNIT LOT SUBDIVISION
V.E.K. ON ABERDEENNO
R
T
H
CRITICAL AREAS LEGEND:
SURVEY LEGEND:
CONSTRUCTION NOTES:
PIPE CROSSING TABLE
UTILITY LEGEND:
WATER KEYNOTES:
STORM STORM STORM
GRINDER PUMP NOTE:
TRACT F
IN COMPLIANCE WITH CITY OF RENTON STANDARDS
Know what'sCall below.
before you dig.
R
Encompass
Eastern Washington Division
407 Swiftwater Blvd. ▪ Cle Elum, WA 98922 ▪ Phone: (509) 674-7433
Western Washington Division
165 NE Juniper Street, Suite 201 ▪ Issaquah, WA 98027 ▪ Phone: (425) 392-0250
ENGINEERING & SURVEYING
V.
E
.
K
.
O
N
A
B
E
R
D
E
E
N
14
V.
E
.
K
.
O
N
A
B
E
R
D
E
E
N
COMPOSITE UTILITY PLAN (TRACT F)
VIEWCREST CAPITAL, LLCUNIT LOT SUBDIVISION
V.E.K. ON ABERDEENNO
R
T
H
CRITICAL AREAS LEGEND:
SURVEY LEGEND:
CONSTRUCTION NOTES:
UTILITY LEGEND:RETAINED TREE NOTE: