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Home My WebLink AboutD_Critical_Areas_Exemption_Decision_Exhibits_200317DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE: March 17, 2020 PROJECT NUMBER: LUA20-000071 PROJECT NAME: I-405 Renton to Bellevue Widening and ETL Project Critical Areas Exemption PROJECT MANAGER: Clark H. Close, Senior Planner APPLICANT: DJ Mosier / Flatiron Lane Joint Venture / 1400 Talbot Rd Suite 500 / Renton, WA 98055 CONTACT: Rob Thomas / WSDOT / 600 108th Ave NE, Suite 405 / Bellevue, WA 98004 PROJECT LOCATION: Corner of NE 43rd St and Jones Ave NE PROJECT DESCRIPTION: The I-405 Renton to Bellevue Express Toll Lane Project contractor is requesting a Critical Areas Exemption to allow access through a wetland buffer to access geotechnical investigation locations and to conduct work along I-405 in the area between May Creek and NE 44th St. The critical areas exemption is necessary to allow Flatiron Lane Joint Venture to access the critical areas along the east side of I-405 via the corner of NE 43rd St and Jones Ave NE, rather than the northbound I-405 off-ramp to NE 44th St. Site access from the NE 43rd St and Jones Ave NE is considered to be safer from the proposed impacted area. Access would result in temporary impacts to Wetland 7.2R and Wetland 7.3R buffers in the form of temporary vegetation reduction of approximately 1,600 square feet. The project’s Joint Aquatic Resource Permit Application (JARPA) from November 9, 2018 estimated 5,746 square feet of temporary buffer impact in this vicinity. The additional area would increase temporary buffer impact to Wetland 7.3R buffer by up to 2,000 square feet. Existing buffer conditions include an unvegetated area of mostly gravel, along with vegetated areas dominated by Himalayan blackberry (Rubus armeniacus). Existing surface features within the buffer include a guardrail, right- of-way fencing and local roadway signage. To minimize the temporary disturbances proposed, the area would be initially stabilized and finally restored with native vegetation and grass seed mix as part of the revegetation and restoration work within the project area. The Renton to Bellevue project was funded in the 2015 Connecting Washington transportation package. The project will add new capacity to create a two-lane express toll DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations I-405 Renton to Bellevue Widening and ETL Project Critical Areas Exemption LUA20-000071 DATE OF PERMIT: March 17, 2020 Page 2 of 3 lane system. The specific boring locations have been identified as follows: W37-20, W39- 20, W222-20 and W223-20. CRITICAL AREA: Regulated slopes, high seismic areas and wetland buffers. EXEMPTION JUSTIFICATION: Renton Municipal Code (RMC) 4-3-050 Critical Areas Regulations Subsections C.3.f.i Temporary Wetland Impacts and Subsection C.3.b.ii Site Investigative Work. 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. DECISION: An exemption from the critical areas regulations is Approved. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: ________________________________________________________ ________________ Jennifer Henning, Planning Director Date DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 3/17/2020 | 11:34 AM PDT City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations I-405 Renton to Bellevue Widening and ETL Project Critical Areas Exemption LUA20-000071 DATE OF PERMIT: March 17, 2020 Page 3 of 3 The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEALS: 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 31, 2020. 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. 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. EXPIRATION: Five (5) years from the date of decision (date signed). Attachments: Site Map, Neighborhood Detail Map, Topography Map, Boring Plans, Biological Assessment, National Marine Fisheries Service (NMFS) Biological Opinion, and Wetland and Stream Assessment Report DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 3URSRVHGDUHDRIDGGLWLRQDO WHPSRUDU\ZHWODQGEXIIHULPSDFW RECEIVED Clark Close 03/16/2020 PLANNING DIVISION DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 Neighborhood Detail Map Proposed impact area is on City of Renton right of way, at the corner of NE 43rd St and Jones Road RECEIVED Clark Close 03/16/2020 PLANNING DIVISION DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 Topo Map RECEIVED Clark Close 03/16/2020 PLANNING DIVISION DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 RECEIVED Clark Close 03/16/2020 PLANNING DIVISION Stabilized construction access (Ballast) DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 Stabilized Construction Entrance Flagger Flagger Load / Unload Zone Traffic Control to follow all applicable portions of the included TC-1 DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 Supplement to I-405, SR 169 to I-90 Renton to Bellevue Project Biological Assessment Reinitiation for Puget Sound Steelhead Critical Habitat, and Project Update for for Puget Sound Chinook Salmon and Critical Habitat, Puget Sound Steelhead, Bull Trout and Critical Habitat Bellevue and Renton, WA WIN # A40502H Prepared by: Sasha Visconty, Axis Environmental Rob Thomas, WSDOT I-405 Biologist November 2017 Entire Document Available in Laserfiche Submittals Folder Click HERE to access Digital Records Library RECEIVED Clark Close 03/16/2020 PLANNING DIVISION DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE West Coast Region 1201 NE Lloyd Boulevard, Suite 1100 Portland, OR 97232 Refer to NMFS Tracking December 11, 2017 No.: WCR-2017-8088 (X-Refer to NMFS Tracking Nos: 2006/01454 and 2007/04403) Daniel Mathis U.S. Department of Transportation Federal Highway Administration 711 Capitol Way South, Suite 501 Olympia, Washington 98501-1284 Re: Endangered Species Act Section 7(a)(2) Concurrence Letter and Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the Interstate 405, State Route 169 to Interstate 90–Renton to Bellevue Project in King County, Washington (HUCs: 171100120107, Madsen Creek-Cedar River and 171100120400, Lake Washington-Sammamish River). Dear Mr. Mathis: On November 14, 2017, the National Marine Fisheries Service (NMFS) received your biological assessment (BA) update and request for a written concurrence that the Federal Highway Administration (FHWA) approval and funding for the Interstate (I)-405, State Route (SR) 169, to I-90 Renton to Bellevue Project (RTB) is not likely to adversely affect (NLAA) additional species listed as threatened or endangered or critical habitats designated under the Endangered Species Act (ESA) since the last reinitiation of consultation for this project in 2007 (2007/00-4403). This response to your request was prepared by NMFS pursuant to section 7(a)(2) of the ESA, implementing regulations at 50 CFR 402, and agency guidance for the preparation of letters of concurrence. The NMFS also reviewed the updated action for potential new or revised effects on Essential Fish Habitat (EFH) designated under the Magnuson-Stevens Fishery Conservation and Management Act (MSA), including conservation measures and any determinations that you made regarding the potential effects of the action. This review was pursuant to section 305(b) of the MSA, implementing regulations at 50 CFR 600.920 and agency guidance for use of the ESA consultation process to complete EFH consultation. This letter underwent pre-dissemination review using standards for utility, integrity, and objectivity in compliance with applicable guidelines issued under the Data Quality Act (section 515 of the Treasury and General Government Appropriations Act for Fiscal Year 2001, Public Law 106-554). The concurrence letter will be available through the NMFS Public Consultation Tracking System. A complete record of this consultation is on file electronically at the Oregon and Washington Coasts Area Office. Entire Document Available in Laserfiche Submittals Folder Click HERE to access Digital Records Library RECEIVED Clark Close 03/16/2020 PLANNING DIVISION DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66 Wetland and Stream Assessment Report I-405, Renton to Bellevue Corridor Milepost 4.0 – 13.7 Renton, WA Bellevue, WA King County, WA Prepared by I-405/SR 167 Corridor Program November 2018 Entire Document Available in Laserfiche Submittals Folder Click HERE to access Digital Records Library RECEIVED Clark Close 03/16/2020 PLANNING DIVISION DocuSign Envelope ID: 92466534-539F-4913-AFF1-3F2D88F81E66