HomeMy WebLinkAboutD_Admin_Decision_Broodstock_Collection_Facility_Geo_Borings_190301.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT AND
CRITICAL AREAS REGULATIONS
DATE: March 1, 2019
PROJECT NUMBER: LUA19-000013, SME, CAE
PROJECT NAME: Broodstock Collection Facility Geo Borings
PROJECT MANAGER: Jeffrey Taylor, Assistant Planner
OWNER: City of Renton
Robert Ebert
1055 S Grady Way
Renton, WA 98057
APPLICANT: Seattle Public Utilities
Kay Tesuwan
700 5th Ave
Seattle, WA 98104
LOCATION: 1519 Bronson Way N, 98055 Renton, Washington and unaddressed vacant land
to the south identified as APN 172305901.
DESCRIPTION: The applicant, Seattle Public Utilities (SPU), is requesting a Shoreline Exemption
and Critical Areas Exemption for geotechnical exploration around the Renton
Community Center. The work is located at 1519 Bronson Way N (APN
1723059013) and the unaddressed vacant land to the south located at APN
172305901. The project site is located in the Commercial Office Residential (COR)
zoning district. The 19.96 acre site to the north, and 1.06 acre site to the south, are
located within a high seismic hazard area, a 100-year flood hazard area (FEMA
Zone – AE), a wellhead protection area, and the High Intensity Regulated
Shoreline Overlay within Reach C of the Cedar River (CR-C). The borings are
necessary for research and site investigative work to support the design of a future
upgrade to the existing broodstock collection facility on the Cedar River. The
broodstock facility was constructed to fulfill a mitigation agreement to offset habitat
loss for spawning sockeye salmon resulting from the continued operation of the
Landsburg Diversion Dam. SPU now intends to upgrade the existing broodstock
facility to improve its function. This will increase broodstock capture in order to
meet prescriptive fish collection quotas established in the mitigation agreement. It
will also improve safety by minimizing the level of maintenance required during
operation. Three (3) drilled excavations (See attached site plan) are proposed.
Two (2) to the south of the Cedar River, and one (1) to the north. Truck-mounted
drill equipment would be used to complete the drilled exploration of the strata
adjacent to the river (roughly 20-25 feet below ground surface). All proposed work
would occur landward of the Ordinary High Water Mark and all BMPs will be
followed in order to ensure wildlife is not impacted. No vegetation is anticipated to
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
City of Renton Department of Community & Economic Development Certification of Exemption
Broodstock Collection Facility Geo Borings LUA19-000013, SME, CAE
be removed as part of the project. If any vegetation removal is necessary, it would
be limited to only what is necessary for completion of the project and removed
exclusively with hand tools. Any disturbed areas will be restored to their original
condition once data has been retrieved from the bore holes. The third bore hole
will be temporarily used as a monitoring well for a six (6) month period. After this
time, the well will be decommissioned in accordance with Washington State
Department of Ecology regulations and the land will be restored to its original
condition. No structures will be constructed as part of the project and all work will
be limited to subsurface exploration which is not anticipated to affect the aesthetic
quality of the area. The project is not anticipated to interfere with the public use of
the trail system and no closures are necessary to complete the work. The drilling
is anticipated to be completed in March of 2019.
SEC-TWN-R:
LEGAL DESCRIPTION:
(King County Assessor)
NW17 – 23 - 5
POR OF GL 4 IN W 1/2 & SW 1/4 OF NE 1/4 & SE 1/4 LY BTWN COLUMBIA &
PUGET SOUND R/W & RENTON-MAPLE VALLEY RD & NLY OF LN BEG ON
WLY MARGIN OF SAID ROAD 80 FT NWLY FROM S LINE OF NE 1/4 TH S
47-52-00 W 273.22 FT TH S 88-26-00 W 251.95 FT TH S 39-24-35 W 73.20 FT
TH N 79-04-40 W 176.04 FT TH S 27-52-20 W LESS ST HW LESS BEG INTSN
SELY LINE & SLY MGN OF MAPLE VALLEY RD TH NWLY ALG SD MGN 60
FT TO POB TH CONTG NWLY 100 FT TH SWLY PLW SD SELY LN 225 FT
TH SELY PLW SD MGN 100 FT TH NELY 225 FT TO POB LESS POR LY
NWLY OF A LN BAAP OPPOSITE HWY ENGR STA HES LN 259+91.82 P C
ON THE LN LINE SURVEY OF SR 405 RENTO S CURVES & 80 FT SELY
THEREFROM TH NELY PLW SD LN SURVEY TAP OPPOSITE HES LN
267+60 TH NELY TAP OPPOSITE HES LN 271+00 ON SD LINE SURVEY &
114 FT SELY THEREFROM TH NELY PLW SD LINE SURVEY TAP OPPOSITE
HES LN 273+00 POT THEREON & END OF LINE FOR STATE HWY LESS
POR FOR RD PER DEED #20050418000001
SEC-TWN-R:
LEGAL DESCRIPTION:
(King County Assessor)
Sw17 – 23 - 5
POR OF GOV LOT 5 IN SW 1/4 LY NLY OF PACIFIC COAST
RR B N R R CO TGW POR OF SW 1/4 LY ELY OF STATE HWY SR
405 & NLY OF PACIFIC COAST RR B N RR CO & SLY OF CEDAR
RIVER LESS POR LY ELY OF R/W OF NEW CASTLE BRANCH &
NELY OF R/W OF BLACK DIAMOND BRANCH C & PS RY & CEDAR
RIVER BEING A TRIANGULAR PIECE
WATER BODY/REACH: Cedar River, Reach C
CRITICAL AREA(S): High Seismic Hazard Area, 100-year Flood Hazard Area (FEMA Zone – AE), and
a Wellhead Protection Area
CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is
hereby APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and
Nonconforming Activities” and for the following reasons:
Site Investigative work is exempt from permit requirements within critical areas and associated buffers in
accordance with RMC 4.3.050C.3.b, within Flood Hazard Areas, Geological Hazard Areas, and Wellhead Protection
Zones subject to the following standards:
Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests
and other related activities are a permitted use. Investigative work shall not disturb any more than five percent (5%)
of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be
immediately restored at a one-to-one (1:1) ratio.
The proposal shall not disturb more than 5% of the critical area and required buffer.
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
City of Renton Department of Community & Economic Development Certification of Exemption
Broodstock Collection Facility Geo Borings LUA19-000013, SME, CAE
Impacts have been minimized by containing the disturbed area to land within the drill sites with minor impacts
anticipated to vegetation and the surrounding area.
The proposal shall be immediately restored at a one-to-one (1:1) ratio.
SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial
Development Permit, is hereby APPROVED on the proposed project in accordance with RMC 4.9.190C “Exemption
from Permit System” and for the following reasons:
“Normal Maintenance” includes those usual acts to prevent decline, lapse, or cessation from a lawfully established
condition.
“Normal Repair” means to restore a development to a state comparable to its original condition, including by not
limited to it size, shape, configuration, location and external appearance, within a reasonable period after decay or
partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment.
Replacement of a structure or development may be authorized as repair where such replacement is the common
method of repair for the type of structure or development and the replacement structure or development is
comparable to the original structure or development including, but not limited to, its size, shape, configuration,
location and external appearance and the replacement does not cause substantial adverse effects to shoreline
resources or environment.
Normal and routine maintenance, operation and repair of existing parks and trails, or the construction of new trails,
streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional
fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to
construct new trails to meet established safety standards. The use of heavy construction equipment shall be limited
to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of
existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be
minimized and disturbed areas shall be restored during and immediately after the use of construction equipment.
Within existing and improved public road rights-of-way or easements, installation, construction, replacement,
operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines,
pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities
exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable,
restoration of disturbed areas shall be completed.
CRITICAL AREA EXEMPTION FINDINGS: The proposed development is consistent with the following findings
pursuant to RMC section 4-3-050C.2.d:
i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or
Federal law or regulation;
ii. The activity will be conducted using best management practices as specified by industry standards or
applicable Federal agencies or scientific principles;
iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored;
iv. Where water body or buffer disturbance has occurred in accordance with an exemption during
construction or other activities, revegetation with native vegetation shall be required.
v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant
or substantial potential to degrade groundwater quality, then the Administrator may require compliance
with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous
material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific
data
SHORELINE EXEMPTION FINDINGS: The proposed development is consistent with:
i. The policies of the Shoreline Management Act.
ii. The City of Renton Shoreline Master Program.
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
City of Renton Department of Community & Economic Development Certification of Exemption
Broodstock Collection Facility Geo Borings LUA19-000013, SME, CAE
DECISION: The Broodstock Collection Facility Geo Borings critical areas and shoreline exemption, LUA 19-000013,
SME, CAE, is approved and is subject to the following condition:
1. The applicant shall contact Katie Nolan, Civil Engineer III at knolan@rentonwa.gov or 425-430-7335 prior
to project commencement and have her, or her designated representative, present on site to monitor the
project.
2. The applicant shall comply with all the conditions of the City of Renton Right of Entry Permit, attached.
SIGNATURE & DATE OF DECISION:
Jennifer Henning, Planning Director Date
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.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner
on or before 5:00 PM on March 7, 2019. An appeal of the decision must be filed within the 14-day appeal period
(RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton,
1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and
additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: Site Plan
Right of Entry Permit
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
3/1/2019 | 2:54 PM PST
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702
DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702