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Home My WebLink AboutC_Reconsideration Request_Thunder Hills_190104.pdf1 Kyle Wunderlin From:Cynthia Moya Sent:Monday, January 07, 2019 11:08 AM To:Brianne Bannwarth; Clark Close; Craig Burnell; Jason Seth; Jennifer T. Henning; Julia Medzegian; Kyle Wunderlin; Leslie Clark; Shane Moloney; Vanessa Dolbee; Chip Vincent; Jill Ding Subject:FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18-000678 Attachments:WDFW Fish passage map for Thunder Hills Creek.pdf Follow Up Flag:Follow up Flag Status:Flagged I have attached a Request for Reconsideration regarding an Administrative Report & Decision for Thunder Hills Sewer Interceptor Rehabilitation File – LUA‐18‐000678 we just received today at 10:54 am but Vanessa Dolbee received this Request on Friday, January 4, 2019 at 12:47 pm. Please copy our office on your response regarding this request. Thank you, Cindy Moya, City Clerk Specialist City of Renton ‐ Administrative Services/City Clerk Division cmoya@rentonwa.gov 425‐430‐6513 From: Vanessa Dolbee Sent: Monday, January 07, 2019 10:54 AM To: Cynthia Moya <CMoya@Rentonwa.gov> Cc: Jill Ding <JDing@Rentonwa.gov> Subject: FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18‐000678 Cindy, Please find below a reconsideration request that was sent to me last Friday. Vanessa Dolbee, Current Planning Manager Community & Economic Development Department Planning Division 1055 S Grady Way Renton, WA 98057 (425)430‐7314 2 From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us] Sent: Friday, January 04, 2019 12:47 PM To: Vanessa Dolbee <VDolbee@Rentonwa.gov> Cc: Jill Ding <JDing@Rentonwa.gov>; Gresham, Doug (ECY) <DGRE461@ECY.WA.GOV>; Meg Bommarito <mbom461@ECY.WA.GOV>; Larry Fisher <Larry.Fisher@dfw.wa.gov>; Rains, Christy A (DFW) <Christy.Rains@dfw.wa.gov> Subject: FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18‐000678 Vanessa, We received the City of Renton’s DNS-M for the Thunder Hills Sewer Interceptor Rehabilitation project dated December 21, 2018. Per the DNS-M, the City is maintaining that Thunder Hills Creek is a Type N (non-fish bearing water). We disagree and provided information from the State of Washington that indicates the stream should be considered a Type F water in the project area (see email below). No new data was provided by the City to refute the State’s findings nor does it appear that the City carefully considered this information and re-evaluated the project accordingly. The WDFW information we provided is more recent than any previous stream assessments conducted for the City’s Critical Areas Ordinance. The criteria from the WAC represents the best available science for determining potential fish habitat in absence of fish presence data. It is based on thousands of data points collected on streams in Washington State that corresponded to fish presence and habitat features in a simplified approach. It has been accepted by WDNR, WDFW, WDOE, NMFS, USFWS and others as the approach to evaluate potential fish habitat. This project is where this criteria should be used based on known barriers and assess habitat. You see the known barriers on Thunder Hills Creek near the project (see attached map; the links to it and the individual culvert reports are found in our previous email below). The I-405 culvert downstream of the site has been deemed a fish passage barrier by WDFWD and WSDOT and is on the State’s list to be fixed per the federal court injunction from U.S. v. Washington. This culvert would not be on the list if there wasn’t at least 200 meters of potential salmon habitat above it. Therefore, we respectfully request that the City of Renton reconsider the SEPA determination for this project based on an inaccurate stream classification which would likely materially affect the impact analysis and potential mitigation measures needed to address any unavoidable impacts. Please advise. Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Karen Walter Sent: Monday, November 19, 2018 3:43 PM To: Jill Ding Subject: FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18-000678 Jill, We got the NOA/ODNS for the City of Renton’s Thunder Hills project referenced above. I doubt I will have time to fully review the documents before I go on leave starting this week; however, please note that Thunder Hills Creek is not a Type Np stream. It is a Type F stream and would be used by salmon if not but for the downstream artificial barriers. This is documented in WDFW’s assessment of the stream and is why the I-405 crossing of Thunder Hills Creek is on the State barrier’s list subject to replacement per U.S. v Washington. See http://apps.wdfw.wa.gov/fishpassage/ http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994417_Report.pdf 3 http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994406_Report.pdf (This stream report mislabels the stream as Rolling Hills Creek but it is Thunder Hills Creek) If you recall, we noted Thunder Hills Creek potential fish bearing status to you in our comments to the Sam’s Club UST removal project in August 2018. An incorrect stream classification would likely affect the project’s impact assessment and mitigation needs. This should be addressed with revised documents that go out for review prior to the City issuing any final environmental determination for this project. Thank you, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Kyle Wunderlin [mailto:KWunderlin@Rentonwa.gov] Sent: Monday, November 19, 2018 2:19 PM To: Karen Walter; Laura Murphy Cc: Jill Ding Subject: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18-000678 Hello, Please see linked the documents for City of Renton LUA acceptance for the following project: Thunder Hills Sewer Interceptor Rehabilitation, LUA18‐000678 Find the following documents linked: Notice of Application Environmental Checklist Biological Assessment Critical Areas Report All other submittal documents may be found here. As the project progresses, more information will be available by request and through our online Public Notice of Land Use Applications Map. Thank you, Kyle Wunderlin | Planning Technician | she/her/hers City of Renton | CED | Planning Division 1055 South Grady Way | 6th Floor | Renton, WA 98057 Phone: (425) 430‐6583 | Fax: (425) 430‐7300 | kwunderlin@rentonwa.gov 0 0.25 0.5 0.75 10.125 mi Not a barrier Partial FishPassageBlockage Total FishPassageBlockageBarrier,UnknownPercentPassable Diversion Natural Barrier -Verified Unknown CorrectedBarriers NHD Water CoursesCoastlineStream /PerennialIntermittent /Ephemeral Canal, Ditch Exported: 1/4/2019 12:39:32 PM Washington State Fish Passage Map for http://apps.wdfw.wa.gov/fishpassage/?extent=-122.2501,47.4508,-122.1631,47.4865