HomeMy WebLinkAboutEx27_Biogas_Staff Recommendation 4_NGPE.pdfKing County WTD requests City of Renton’s reconsideration of Staff Recommendation (J)(4) in the HEX
Report South Plant Biogas and Heating Systems Improvement Project. This request is described below.
The Staff Recommendation reads:
“A wood, split rail fence shall be installed along the buffer of Wetland A and a Native Growth Protection
Easement (NGPE) shall be recorded over the top of Wetland A and Wetland B and their associated
buffers. The fence and the NGPE shall be submitted with the construction permit application to be
reviewed and approved by the Current Planning Project Manager prior to construction permit
approval.”
Note that all grading and construction would be located outside the standard 50-foot buffer of Wetland A,
as shown on the Site Plan submitted with the application; no impacts to the wetland or wetland buffer are
proposed. While this project will entirely avoid impacts to Wetlands A and B and their associated buffers,
we are aware that Renton Municipal Code may require an NGPE regardless of whether or not a project
will have impacts.
However, there are other portions of RMC that suggest that wetlands, such as Wetland A, do not meet the
intent of a NGPE. The wetland vegetation in Wetland A is a mix of planted trees and shrubs, which were
planted as part of previous development/landscaping activities on the site, and most of the buffer area is
maintained lawn. As described in the Wetland Assessment Report, functions and values provided by the
wetland are low due to the small size and disconnected nature of the wetland. Based on the definition in
RMC 4-11-140 it seems that the intent of a NGPE is that undisturbed natural areas be protected through
use of an easement. Wetland A does not contain undisturbed (predevelopment) vegetation and is not
connected to a riparian corridor.
4-11-140 DEFINITIONS N:
Native Growth Protection Easement: A restrictive area where all native,
predevelopment vegetation shall not be disturbed or removed except for removal pursuant
to an approved enhancement program. The purpose of an easement is to protect steep
slopes, slopes and/or riparian corridors.
Furthermore, Wetland A now exists in an area that has been designated by WTD as an area for expansion.
Encumbering this area with an NGPE is not feasible as it would substantially restrict any future expansion
of South Treatment Plant’s solids processing capacity to meet future capacity needs or regulatory
requirements. During future expansion, the County will apply principles of mitigation sequencing and “no
net loss” in planning, to mitigate any unavoidable impacts to Wetland A. The County requests that the
NGPE and fencing requirements for Wetland A be removed as a condition of approval. The County is
amenable to Staff’s recommendation to record a NGPE over Wetland B.