HomeMy WebLinkAboutHandout - Forest Practices Megan Gregor
From: Linda Moschetti
Sent: Friday,April 27, 2018 1:26 PM
To: ORG_CITY_COUNCIL; Robert Harrison; Kelly Beymer; Chip Vincent; Shane Moloney;
Preeti Shridhar; Leslie A Betlach; Lys L. Hornsby;Jennifer T. Henning; Leslie Clark;Jason
Seth; Megan Gregor;April Alexander;Julia Medzegian; Ronald Straka
Cc: Gregg A.Zimmerman
Subject: Comments Regarding Forest Practices Application/Notification#2420111
Attachments: dnr dalpay timber harvest comments ltr 042718.pdf
Attached, please find a copy of Mayor Law's letter to the Department of Natural Resources commenting on
application/notification#2420111 submitted by Dalpay Properties, LLC for timber harvesting on two adjacent parcels,
one located within the City of Newcastle and the other in unincorporated King County. Both parcels abut the City of
Renton boundary. A copy of the letter was e-mailed to DNR this afternoon. I will also be sending out the original
hardcopy in today's mail.
Questions may be directed to Gregg at ext. 7311 or via e-mail.
Thank you.
Linda Moschetti-Newing
Administrative Assistant
Public Works Department
City of Renton
1055 South Grady Way
Renton, Washington 98057
Phone: (425) 430-7394
Fax: (425) 430-7241
E-mail: Imoschetti@rentonwa.gov
1
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Denis Law Mayor
140
April 27, 2018
State Department of Natural Resources
Forest Practices
1111 Washington Street SE
Olympia,WA 98501-7010
RE:City of Renton Comments Regarding Forest Practices Application/Notification#2420111
Dear Sir or Madam:
The City of Renton is hereby submitting comments on Forest Practices Application/Notification
#2420111 made by Dalpay Properties LLC and dated April 20, 2018. The application is to harvest 28
acres of timber on two adjacent parcels on Cougar Mountain,one located in the City of Newcastle, and
one located in unincorporated King County. The City of Renton's boundary abuts the west end of the
King County parcel. Stream 'A,' a Type'F'fish bearing stream, flows through the Newcastle parcel and
empties into May Creek, a Shoreline of the State that supports the following species of salmonids:
Chinook, Sockeye, Coho, Steelhead, Cutthroat trout and Kokanee (confirmed within the last two years
immediately upstream of the 1-405 May Creek Bridge). May Creek flows west through Renton and
empties into Lake Washington.
The City of Renton is very concerned about deleterious impacts this proposal could have on the
downstream environment and the fragile May Creek Basin. Specifically we are concerned about
impacts on steep, unstable slopes,the potential for silt-bearing runoff to enter Stream 'A' and then
May Creek leading to takes of the salmonids that live there,the loss of 0.7 acres of forested wetland
that would be filled to create the access road,the installation of a culvert in Stream 'A'that could
introduce a fish passage barrier and other associated impacts. These impacts are barely recognized in
the application, and there is no evaluation or mitigation offered. These concerns are addressed more
specifically as follows.
Renton urges that the DNR disapprove the application because, among other reasons,the intended
timber harvest is misclassified as a Class III forest practices. At a minimum,this application, which was
submitted as a Class Ill forest practices,should be reclassified to a Class IV-special and subjected to
SEPA review, and should be reviewed by the Department of Fish and Wildlife as a hydraulic project
involving Type F waters.
Renton City Hall,7th Floor 1055 South Grady Way,Renton,WA 98057• rentonwa.gov
State Department of Natural Resources
Forest Practices
Page 2 of 4
April 27,2018
Disturbance of Steep, Unstable Slopes and Landforms
1. Forest Practices Application 2420111 is self-contradictory about steep, unstable slopes. While
it states that there will be ground-based equipment placed on slopes greater than 40%and the
FPA indicates that unstable slopes or landforms consistent with WAC 222-16-050(d)(i) may be
present within the harvest area,question 11 states there are no potentially unstable slopes in
the area of the forest practices activity.
2. The steepest slope in the harvest area is stated to be 65%in question 21.
3. WAC 222-16-050,Classes of forest practices, states in Provision (1)that a Class IV-special
classification should be used and SEPA review applied if the following provisions apply.
Provision (1)(d)(i)(A) states that potentially unstable slopes are one of the following: inner
gorges. The Enlarged Forest Practices Activity Map for this application shows that Stream 'A'
(Type F water) passes through an 'inner gorge'where a 210-foot length of the stream is
proposed to be confined in a 24-inch by 30-inch culvert. Provision (E) states any areas
containing features indicating the presence of potential slope instability which cumulatively
indicate the presence of unstable slopes makes the project eligible for SEPA review.
4. WAC 222-10-030 states that SEPA policies for potentially unstable slopes should be applied if
the proposal "would deliver sediment or debris to a public resource." Silt-laden runoff from
this project would deliver sediment to salmon-bearing May Creek, which receives the flow of
Stream 'A'. It also requires additional information, provided by a qualified expert, describing
the potentially unstable landforms,the likelihood that the project would deliver sediment or
debris to a public resource and any possible mitigation for the identified hazards and risks. The
application appears to lack this required additional information.
5. By these criteria,this application should be disapproved as a Class III forest practices,
reclassified as a Class IV-special forest practices, SEPA should be applied and the required
additional information should be submitted by the applicant.
6. Since there appears to be no analysis by a qualified expert,the application is incomplete.
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
State Department of Natural Resources
Forest Practices
Page 3 of 4
April 27,2018
Impact on Special Threatened and Endangered Species
1. WAC 222-10-040 Class IV-Special threatened and endangered species SEPA policies
establishes that due to potential impacts of sediment-laden runoff from this project into
downstream May Creek that serves as the home of salmonids including threatened species,
that in addition to SEPA policies,the department shall consult with the department of fish
and wildlife and other agencies with expertise, affected landowners, affected Indian tribes
and others with expertise when evaluating the impacts of forest practices.
2. WAC 222-20-017,Applications that include forest practices hydraulic projects, Provision (4)
requires concurrence review for culvert installation at or below the bankfull width in Type F
waters. This proposal includes the installation of a 210 foot long culvert for Stream 'A,'which
is a Type F water. This requires hydraulic project review by the Department of Fish and
Wildlife. Provision (5)states that an application will be disapproved if the department
determines, after consultation with the Department of Fish and Wildlife,that a forest
practice as hydraulic project in the application will result in direct or indirect harm to fish life,
unless adequate mitigation can be assured by conditioning the application for the project.
Application Incomplete and Contradictory
1. The FPA is misclassified as a Class III forest practices because there is no applicable approved
watershed analysis. Reference:WAC 222-16-050(1)(d)(ii)(A).
2. Item 20 in the application indicates that 0.7 acres of forested wetlands will be harvested for
the road, and the Enlarged Forest Practices Activity Map shows that the access road will be
built through the wetlands. This is in excess of 0.5 acres of wetland area being filled or
drained. Accordingly,the FPA cannot be approved as a Class III forest practices.
Reference:WAC 222-16-050(1)(h).
3. The application lacks information, provided by a qualified expert, describing the potentially
unstable landforms,the likelihood that the project would deliver sediment or debris to a
public resource, and any possible mitigation for the identified hazards and risks.
4. Question 14a. on the application states that the proposal will not install a culvert at or below
the bankfull width of Type F waters that exceeds 5%gradient. It also states in item 31 that
the 24-inch by 30-inch culvert installation is proposed for a road crossing across Stream 'B,'
which is a non-typed water feature. However,the Enlarged Forest Practices Activity Map
clearly shows that it is Stream 'A'that will be placed in the culvert. Stream 'A' is a Type F
water bearing fish, and the culvert may present a fish passage barrier.
1055 South Grady Way,Renton,WA 98057 - rentonwa.gov
State Department of Natural Resources
Forest Practices
Page 4 of 4
April 27,2018
We conclude that this application presents a timber harvesting proposal that could pose significant
adverse environmental impacts on steep, unstable slopes, potentially cause silt-laden runoff to enter
Stream 'A' and then May Creek which provides habitat for threatened salmonids, bring about the
unmitigated filling of 0.7 acres of forested wetlands, and includes installation of a 210-foot culvert to
carry a Type F stream,which could present a barrier to fish passage. The application is self-
contradictory, incomplete and indicates that the intended timber harvest has been misclassified as a
Class III forest practices. We urge that it be disapproved for these reasons, but if it is to be considered,
it should be reclassified as a class IV-special application, and subjected to SEPA and hydraulic project
review by the Department of Fish and Wildlife, as well as review by other agencies with expertise
affected landowners,affected Indian tribes and others with expertise when evaluating the impacts of
forest practices(WAC 222-10-040). In addition,the applicant should be required to submit the missing
studies and documentation, and revise the application to remove the contradictions and improve its
accuracy.
Thank you for your consideration.
incerely,
/
Denis Law
Mayor
cc: Members of the Renton City Council
Bob Harrison,Chief Administrative Officer
Gregg Zimmerman,Public Works Administrator
Kelly Beymer,Community Services Administrator
Chip Vincent,Community and Economic Development Administrator
Shane Moloney,City Attorney
Preeti Shridhar,Deputy Public Affairs Administrator
Leslie Betlach,Parks Planning/Natural Resources Director
Lys Hornsby,Utility Systems Director
Jennifer Henning,Planning Director
Leslie Clark,Senior Assistant City Attorney
Jason Seth,City Clerk
April Alexander,Executive Secretary
Julia Medzegian,Council Liaison
iR
1055 South Grady Way,Renton,WA 98057 • rentonwa.gov
Megan Gregor
From: Jay B Covington
Sent: Wednesday, April 25, 2018 9:46 AM
To: Jason Seth; Megan Gregor
Subject: Request from Administrative Follow up from April 23rd Council Meeting
Here's the second email response.
From: Gregg A. Zimmerman
Sent: Tuesday, April 24, 2018 12:33 PM
To: 'steveo@newcastlewa.gov'
Cc: Jay B Covington; Robert Harrison; Lys L. Hornsby; Linda Moschetti
Subject: Timber Harvesting application, DeLeo Wall
Hello, Steve.As you may recall, I sent an e-mail message to you dated March 28, 2018 regarding citizen concerns about a
proposal by Dalpay Properties to harvest 28 acres of timber on a portion of Cougar Mountain in Newcastle known as the
DeLeo Wall. Ongoing citizen concerns regarding this proposal were brought up during the April 23 Renton City Council
meeting.The subject property drains into May Creek, which flows through Renton and discharges into Lake
Washington. Please see the message below provided by Renton City Council member Randy Corman. I believe there is a
May 3 deadline for comments on this proposal to be sent to the State Department of Natural Resources regarding
Dalpay Properties' Forest Practices Application/Notification.
Could you please provide an update to me on the status of this application with the City of Newcastle?As Caleb Miller's
March 14, 2018 letter to Dalpay Properties indicates, Dalpay Properties is required to submit a Critical Area Review
application with background materials, prepare and submit a Clearing and Grading Permit application and a SEPA
Environmental checklist.After that, Newcastle will make a SEPA Threshold Determination which will be shared with
state and local agencies,tribes and the public. Issuance by Newcastle of a Clearing and Grading permit will be contingent
on the SEPA determination.
Residents have expressed concern that logging operations will start next week. I don't think it would be possible for the
applicant to have all their necessary permits in hand that soon, or even several months from now.An update from you
on the status of their permitting process in Newcastle would be very helpful, and would hopefully ease some of the
anxiety that we are hearing from residents. Thanks for your assistance.
Gregg
Gregg A. Zimmerman, P.E.
City of Renton
Public Works Department Administrator
1055 South Grady Way, 5th Floor
Renton,WA 98057
Phone: (425)430-7394
Fax: (425)430-7241
E-mail: gzimmerman@)rentonwa.gov
1
From: Randy Corman
Sent: Monday,April 23, 2018 7:38 PM
To: Denis Law; Gregg A. Zimmerman;Julia Medzegian
Subject: Fwd: DeLeo Wall
Sent from my iPad
Begin forwarded message:
Resent-From:<council@rentonwa.gov>
From: Debra Rogers<herogers@comcast.net>
Date:April 23, 2018 at 7:00:09 PM PDT
To: Randy Corman<Rcorman@Rentonwa.gov>
Cc: Council<Council@Rentonwa.gov>
Subject: DeLeo Wall
Dear Mr. Corman,
This is Debra Rogers resident of the Stonegate neighborhood.
I hope that this email finds you and your family doing well.
I am contacting you hoping that you might be able to advise or bring to the Council a concern to look
into....the logging of the DeLeo Wall....on Cougar Mountain.
See: savedeleowall.org.This is critical! The logging starts next week, May 2"d!
I am currently living (April 2016-April 2019) in Newcastle,Australia for my husband's work or I would
have been at the meeting tonight, starting now?This was just brought to my attention today.
Very Sincerely,
Debra Rogers
425-254-3333 AEDT
Virus-free. www.avast.com
2
Megan Gregor
From: Jay B Covington
Sent: Wednesday, April 25, 2018 9:45 AM
To: Jason Seth
Cc: Megan Gregor
Subject: Request from Administrative Follow up from April 23rd Council Meeting
Attachments: Forest Practices - 3 14 18 - Parcel 3524059010.pdf
Good morning Jason and Megan,
I'm forwarding this email from Gregg Zimmerman to the City Council and others in response to Councilman Corman's
request that the Administration provide comments to the permit application for logging in an area East of Newcastle. I'll
also forward a follow up email addressing the same topic,for your records.
Jay
From: Gregg A. Zimmerman
Sent: Tuesday, April 24, 2018 12:05 PM
To: Randy Corman; ORG_CITY_COUNCIL
Cc: Denis Law; Jay B Covington; Robert Harrison; Chip Vincent; Jennifer T. Henning; Vanessa Dolbee; Kelly Beymer;
Leslie A Betlach; Lys L. Hornsby; Linda Moschetti
Subject: FW: Local Logging Concern (Part one of two)
Good morning, Randy. Back on March 28, when you first shared with me concerns about the proposal by Dalpay
Properties to harvest 28 acres of timber on Cougar Mountain in Newcastle, I sent the message (below)to Steve
Osguthorpe, Community Development Director of the City of Newcastle. The attached March 14, 2018 letter from
Newcastle Associate Planner Caleb Miller to Dalpay Properties includes a list of procedural steps that are required by
Newcastle in order to comply with Newcastle's regulations.The list includes the need to submit a Critical Area Review
application with background information, a Clearing and Grading permit application, and a SEPA Environmental
checklist. Newcastle will then make a SEPA threshold determination which will be shared with state and local agencies,
tribes and the public. Issuance of the Clearing and Grading permit will be contingent on the SEPA determination.
I believe the May 3,2018 comment deadline pertains to the Forest Practices Application with the Department of Natural
Resources.There are other agency approvals that would be required before timber harvesting would be allowed.
We will provide comments as requested. I will also obtain information from the City of Newcastle on the status of the
permitting process for this project and provide that information to the City Council.Thanks.
Gregg
Gregg A. Zimmerman, P.E.
City of Renton
Public Works Department Administrator
1055 South Grady Way, 5th Floor
Renton,WA 98057
Phone: (425)430-7394
Fax: (425)430-7241
E-mail: gzimmerman@rentonwa.gov
1
From:Gregg A. Zimmerman
Sent:Wednesday, March 28, 2018 1:32 PM
To: 'steveo@newcastlewa.gov'
Subject: FW: Local Logging Concern (Part one of two)
Hi,Steve.The City of Renton has been notified by concerned citizens of the possible intention of the property owner to
harvest timber on a property located in Newcastle (Assessor's Parcel Number 352405-9010), as described in Newcastle's
attached March 14, 2018 letter. Please see the below map showing the location of the subject property.While this
property is not within Renton's City limits, it is within the boundaries of King County's May Creek Basin plan,which
Renton participated with King County in developing.As such,we share an interest this potential timber harvesting
activity. I'm requesting that you keep the City of Renton informed of SEPA environmental review determinations or
permits issued by Newcastle for this potential project proposal in the coming months. We will use this information to
keep the concerned residents informed about the status of this potential project.Thank you very much for any
assistance you are able to provide!
Sincerely,
Gregg A.Zimmerman, P.E.
City of Renton
Public Works Department Administrator
1055 South Grady Way, 5th Floor
Renton, WA 98057
Phone: (425)430-7394
Fax: (425)430-7241
E-mail: gzimmerman@rentonwa.gov
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Original Message
From: Randy Corman
Sent:Tuesday, March 27, 2018 1:56 PM
To: Gregg A.Zimmerman
Cc: rrh.henry@gmail.com; lafrrh@nwlink.com;Julia Medzegian
Subject: FW: Local Logging Concern (Part one of two)
G regg-
Here is the first of two emails I received regarding potential timber harvesting in the May Creek Basin adjacent to
Renton. This letter is from Lee Foote describing her concern, and the second email is a followup from her husband
Robert Henry with a relevant letter he obtained from Newcastle and a photo Robert took from his property showing
where surveyors have apparently delineated a proposed logging road that appears squeezed between his property and a
pond/wetland.
As we discussed yesterday, it is my understanding that the May Creek Basin Plan requires large setbacks from streams
and wetlands, and maintenance of 65%forest coverage in the limited areas that development is allowed, in order to
protect sensitive areas, salmon runs, and minimize destructive flooding downstream (specifically in Renton's May Creek
Basin). Hence, I expect that Newcastle will ultimately determine that a permit should not be issued for timber
harvesting in this area as such a use seems way out of scope of the plan and inconsistent with the adopted
objectives. Under the circumstances I hope Renton and Newcastle could be proactive with the owners to ensure they
do not accidentally begin irreparably changing the topography through road clearing or tree cutting until their proposal
has gone through its proper process. Lee and Robert have some anxiety that tree cutting may begin soon based on their
discussions with workers on the property.
Thanks again for looking into this and for your assistance yesterday.
3
Randy
From: Lee Foote and Robert Henry [Iafrrh@nwlink.com]
Sent: Monday, March 26, 2018 1:56 PM
To: Randy Corman
Subject: Local Logging Concern
Hey Randy-
Nice running into you this weekend. I appreciate your listening to me regarding the potential logging of the land
surrounding our property off May Valley Road (9506 150th PI SE (technically in the city of Newcastle). In addition to our
personal concerns about the logging's effect on our spring which is so close to the property line, potential landslides,
potential flooding and the vulnerability of our own mature trees once their wind-protecting sisters are felled,we are
concerned about the greater effect on the valley. It seems counter productive to spend effort and expense on making
the local culvert more salmon-friendly only to log the area above it the next summer. You suggested the proposed
logging might be of interest/concern to those involved with implementing the May Creek Basin Action Plan. Who would
I contact about looking into this?
Yours, Lee Foote
4
CITY
04.11k THE CITY OF NEWCASTLE
111‘P 12835 Newcastle Way,Suite 200 Phone: 425.649.4444
Newcastle,WA 98056 Web: www.newcastlewa.gov
March 14, 2018
Dalpay Properties, LLC
PO Box 2436
Renton,WA 98056
Re: Logging on Property in Newcastle
To Whom It May Concern:
The City of Newcastle has been made aware of a possible intention to harvest timber on a
property located in Newcastle(Assessor's Parcel Number 352405-9010). In order to ensure
these activities are in compliance with City requirements, we wanted to first provide you with
procedural information regarding forest practices in the City of Newcastle.These procedures are
as follows(note that a Forest Practices Permit shall also be acquired from the Washington State
Department of Natural Resources):
1. Gather appropriate critical areas information,such as stream/wetland reconnaissance
and geotechnical reports.
2. Submit a Critical Area Review application with the materials listed above. Once finished,
this process will establish an agreed-upon delineation and classification of all critical
areas located on the site.
3. Prepare and submit a Clearing and Grading Permit application and SEPA Environmental
Checklist.
a. A SEPA Threshold Determination will be made by the City and shared with state
and local agencies,tribes,and the public.
b. Issuance of the Clearing and Grading Permit will be contingent on the SEPA
determination.
4. Pursuant to NMC 14.15.260(B), no development applications may be approved for this
property for a period of six years after the site has been cleared.A statement shall be
recorded with the King County Assessor's Office declaring this restriction on the
property.
We thank you in advance for your cooperation. If you have any questions or concerns, please
contact me at calebm@newcastlewa.gov or by calling(425) 649-4444.
Sincerely,
04/(ZL__
Caleb Miller
Associate Planner
a
Jason Seth
From: Julia Medzegian
Sent: Tuesday, April 24, 2018 8:43 AM
To: Jason Seth
Subject: FW: DeLeo Wall
Did Randy bring this up during the meeting? If so,thought you would want this.
Julia
From: Randy Corman
Sent: Monday,April 23, 2018 10:28 PM
To: Debra Rogers<herogers@comcast.net>
Cc: Ed Prince <EPrince@Rentonwa.gov>;Julia Medzegian <Jmedzegian@Rentonwa.gov>
Subject: RE: DeLeo Wall
Dear Ms. Rogers,
Thank you very much for your email to the council. Your timing was fortunate because City Council was able to act on it
during our weekly city council meeting tonight. I personally remember working with citizens, King County, and Newcastle
on the May Creek Basin plan in the 1990s to reduce flooding on May Creek. As one who worked on that plan, this
application to harvest timber in the basin seems inconsistent with that plan. Council discussed your email and the
potential erosion/flooding concerns tonight, and the council and mayor agreed that Renton should expeditiously evaluate
the logging application for potential adverse Renton impacts. The Mayor and City staff have agreed to take charge of
responding to the permit application on behalf of the City of Renton before the May 3rd deadline. While I don't yet know
exactly what the City response will be, I know that my personal opinion is that the area is too sensitive for commercial
timber harvesting given the flooding and erosion risks.
Council President Ed Prince and other council members have asked me to thank you on their behalf for your email, and to
provide you with the above update. We will ask our Council Liaison, Julia Medzegian, to keep you informed if there are
further major updates on this issue in the future.
Thanks, Randy Corman
From: Debra Rogers [herogers@comcast.net]
Sent: Monday, April 23, 2018 7:00 PM
To: Randy Corman
Cc: Council
Subject: DeLeo Wall
Dear Mr. Corman,
This is Debra Rogers resident of the Stonegate neighborhood.
I hope that this email finds you and your family doing well.
I am contacting you hoping that you might be able to advise or bring to the Council a concern to look into....the logging
of the DeLeo Wall....on Cougar Mountain.
See: savedeleowall.org.This is critical! The logging starts next week, May 2"d!
I am currently living(April 2016-April 2019) in Newcastle,Australia for my husband's work or I would have been at the
meeting tonight, starting now?This was just brought to my attention today.
Very Sincerely,
Debra Rogers
425-254-3333 AEDT
Virus-free. www.avast.com
2