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HomeMy WebLinkAboutD_Thunder_Hills_Mitigation_Fish_Barrier_Retrofit_120322�City of DEPARTMENT OF COMMUNITY., AND ECONOMIC DEVELOPMENT '- =� r ADMINISTRATIVE VARIANCE REPORT & DECISION A. SUMMARYAND PURPOSE OF REQUEST REPORT DATE: March 22, 2012 Project Name: Thunder Hills Mitigation Fish Barrier Retrofit Owner: City of Renton 1055 South Grady Way Renton, WA 98057 Applicant: Denise Cieri, Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office WSDOT 600 108'h Ave NE, Suite 405 Bellevue, WA 98004 Contact: Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500108 1h Ave NE, Suite 1200 Bellevue, WA 98004 File Number: LUA12-002, CAR, V-A Project Manager: Jennifer Henning, Current Planning Manager Project Summary: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under 1-405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel, fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with a fish passage culvert along State Route 167. The project requires a Critical Areas Variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Removal of approximately 540 cubic yards of material and replacement with select borrow is proposed upslope on the upstream side of C72. Upslope of the downstream side of C72, approximately 55 cubic yards would be excavated and replaced with select borrow. SEPA Review was previously conducted by WSDOT and a Determination of Non -Significance (DNS) was issued on December 8, 2011. VARIANCE REPORT.docx City of Renton Department of Community & Economic Development Administrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 2 of 12 Project Location: WSDOT St Rte 167 Right -of -Way at mile post 24.7 and 25.69. Exist. Bldg. Area SF: N/A Proposed New Bldg. Area N/A (footprint): Proposed New Bldg. Area (gross): N/A Site Area: 38,335 s.f. (Impact Total Building Area GSF. N/A Area), 0.88 acres B. PROJECT DESCRIPTION/BACKGROUND: Washington State Department of Transporation (WSDOT) proposes to construct the fish barrier retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under Interstate -405 in December 2007. The project includes the relocation of a 710 -foot section of Panther Creek channel approximately 50 to 80 feet to the east (between Culverst 56 and 66), fill and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with an arched fish passage culvert along State Route 167. Stream flow from the mainstem of Panther Creek would be diverted into the newly excavated stream channel, which would extend approximately 160 feet north of Culvert 66, and tie back into an existing stormwater discharge channel. The project requires a critical areas variance from RMC4-5-050:L.8.e for the relocation of the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition, a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to accomplish the project. Restoration and enhancement plans would provide for four different types of restoration, with all types planted to restore disturbed areas near Culverts 65 and 66. For Culvert 72, Type 3 and 4 Restoration would occur. Type 1 restoration would plant Redtwig dogwood (Cornus sericea), Sitka willow (Salix sitchensis) and Pacfic willow (Salix lucida). Restoration Type 2 would plant Black Cottonwood (Populus balsamifera), Western red cedar (Thuja plicata), Sitka spruce (Picea sitchensis), and Nootka rose (Rosa nutkana). Restoration Type 3 would plant Black twinberry (Lonicera involucrata), Nootka rose, and Pacific ninebark. Restoration Type 4 would plant Pacific willow, Oregon ash {Fraxinus latifolia), Sitka willow, and Clustered wild rose (Rosa pisocarpa). The plants would be 3 -foot live stake (Restoration Type 1) and containers with 18 -inch high plants (Restoration Type 2, 3, and 4). Removal of approximately 540 cubic yards of material and replacement with select borrow is' proposed upslope on the upstream side of Culvert 72. Upslope of the downstream side of Culvert 72, approximately 55 cubic yards would be excavated and replaced with select borrow. State Environmental Policy Act (SEPA )review was previously conducted by WSDOT and a Determination of Non -Significance was issued on December 8, 2011. VARIANCE REPORT. docx City of Renton Department of Community & Economic Development Administrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 3 of 12 C. EXHIBITS: The following exhibits were entered into the record: Exhibit 1: Neighborhood Detail Map Exhibit 2: Vicinity Map (Sheet 2 of 45) Exhibit 3 Culvert Stream Restoration & Enhancement Plan (Sheet 24 or 47) Exhibit 4: Ditch Restoration & Enhancement Plan (Sheet 25 of 47) Exhibit 5: Stream/Ditch Restoration & Enhancement Details (Sheet 26 of 47) Exhibit 6: Stream/Ditch Restoration & Enhancement Details (Sheet 27 of 47) Exhibit 7: Tree Inventory Pian, Culvert 72 Exhibit 8 Tree Inventory Plan, Culverts 65 and 66 Exhibit 9: Tree Inventory Sheets Culvert 72 and Panther Creek Relocation (4 sheets) Exhibit 10: Comment Letters Exhibit 11: Noise Variance Exhibit 12: Critical Areas Exemption VARfANCE REPORT. docx City of Renton Department of Commui Economic Development THUNDER HiLLS MITIGATION FiSH BARrsrER RETROFIT Report of March 22, 2012 D. FINDINGS: ministrotive Variance Report & Decision LUA12-002, CAR, V-A Page 4 of 12 Having reviewed the written record in the matter, the City now makes and enters the following: 1. Request. The applicant requests a Critical Areas Exemption in order to clear vegetation in a critical area buffer, and to fill and plug Culverts 65 and 66. In addition a Variance from Critical Areas Regulations (RMC4-5-050:L.8.e) is needed in order to remove the existing fish ladder at SR 167 culvert C72, and replace it with a fish passable arch culvert. 2. Administrative Variance: The project requires a variance from RMC4-5-050:L.8.e in order to relocate a 710 -foot section of Panther Creek at at Culvert 72. 3. Existing Land Use: The project area is within publically owned lands which include Panther Creek and wetlands. 4. Zoning: The project site is zoned Residential —1 dwelling unit per acre (R-1) which is established to provide suitable areas for residential development of lands characterized by pervasive critical areas where limed residential development would not compromise critical areas. S. Topography/Vegetation: The site is flat. A total of 79 trees are located on the project site. Of these, 26 are in the vicinity of Culvert 72, and 53 are in the vicinity of Culverts 65 and 66. Six of the trees are diseased. Twenty-two would be retained (9 at Culvert 72, and 13 within the Panther Creek Channel). According to the applicant from 51 to 56 trees would be removed for the project. 6. Critical Areas Exemption: RMC 4-3-050:C.5.a.1 - iii allows for exemptions within critical areas and their buffers for conservation, enhancement, education and related activities. RMC 4-3- 050:C.5e.v (Roads, Parks, Public and Private Utilities) allows for Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks. E. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-2508.10 lists 10 criteria that the Community & Economic Development Administrator or designee is asked to consider, along with all other relevant information, in making a decision on an Administrative Variance application. These include the following: The Community and Economic Development Administrator or designee shall have authority to grant an administrative variance upon making a determination, in writing, that the conditions specified below have been found to exist: a. Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served, The applicant indicates that the public's health, safety, and welfare would be best served by relocation of the Panther Creek Channel for several reasons: The conditions of U.S. Army Corps of Engineers (USACOE) Nationwide Permit (NWP) 23 would be met, which allowed for emergency construction repairs to the Thunder Hills Creek Culvert 52, located under 1-445. The channel relocation has also been designed to accommodate future widening of State Route (SR) 167 in later phases of WSDOT's Tukwila to Renton VARIANCE REPORT.docx City of Renton Deportment of Commur Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARntri? RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 5 of 12 Improvement Project (TRIP). The proposal was considered in an element of the draft Panther Creek Watershed Rehabilitation Plan (PCWRP) prepared in 2007 for the 1-405 TRIP (1-5 to SR 169 — Phase 2). Other elements of the plan would occur in later phases of the TRIP. And, relocation of Panther Creek, and plugging of Culverts 65 and 66 (C65 and C66) would reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. Staff concurs that the public policies have been evaluated and that the public's health, safety and welfare would generally be served. In addition, the proposal would meet the purposes of the stream regulations within Renton's Critical Areas Regulations RMC4-3- 050:A.6.a — c which include protection of riparian habitat and functions that are important to both fish and wildlife; prevent the loss of riparian acreage and functions and protect aquatic functions for salmonid species. The project would also meet the purposes of the wetland regulations within Renton's Critical Areas Regulations RMC4-3-050:A.7.a — d to ensure that activities in or affecting wetlands do not threaten public safety, cause nuisance or destroy or degrade natural wetland function and values; preserve, protect and restore wetlands; and protect the public from costs associated with repair of downstream properties resulting from erosion and flooding due to the water storage capacity of wetlands; and prevent the loss of wetland acreage and functions. However, in order to ensure that the public's welfare is best served, and in order to respond to comments received from the public regarding the removal of trees (Exhibit 10), staff recommends that the applicant be required to provide a number of larger trees to compensate for the removal of existing trees. The project proposes to replace the removed trees with native trees and shrubs. b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies; Renton's Comprehensive Plan classifies the site as Low Density Residential; however, the area is permanently preserved as part of the Panther Creek Wetland Open Space area. Environmental Policy EN -1 encourages the management of water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply, energy production, and open space. Policy EN -6 provides a hierarchy of actions when development may impact wetlands. This includes avoiding impacts to the wetland; minimizing impacts to the wetland; restoring the wetland, and others. The proposal would meet both EN -1 and EN -6 in that it would enhance fish habitat, improve flood protection, and restore an impacted area. c. Each facility must serve established, identified public needs, The relocation of the Panther Creek channel is part of a larger project and would mitigate for the emergency repairs of the Thunder Hills Creek culvert; plan for the future SR 167 improvements; implement a component of the Panther Creek Watershed Rehabilitation VARIANCE REPORT. docx City of Renton Department of Commu) Economic Development ministrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUAI2-002, CAR, V-A Report of March 22, 2012 Page 6 of 12 Plan; and, reduce seasonal flooding of developed private properties located along the west side of SR167 in the vicinity of Culverts 65 and 66. d. No practical alternative exists to meet the needs; On March 3, 2008, the U.S. Army Corps of Engineers (USACOE) issued a Nationwide Permit for the emergency pipe replacement construction for a failed culvert conveying Thunder Hills Creek under 1-405. The 1-405 culvert failed as a result of December 2007 storm events. A condition of the permit required that WSDOT fund and complete replacement of a culvert that would open a quantity of fish habitat similar to that blocked by the existing 1- 405 Thunder Hills Creek culvert and then any known fish barrier culvert in the 1-405 Renton Nickel Project area that drains to Springbrook Creek basin. WSDOT evaluated the Thunder Hills Creek culvert and concluded that it was not feasible to open up fish habitat through this culvert. The Muckleshoot Indian Tribe (MIT) Fisheries Division agreed with WSDOT's conclusion and agreed to move forward and look at fish barrier culverts in the 1-405 Renton Nickel project area. Further review of culverts in the area lead to the conclusion by WSDOT and the MIT that replacement of Culvert 72 was the best location with potential for fish passage improvement. It was also determined a key element of the project would be to block upstream Culverts 65 and 66 and implement a phase of the Panther Creek Watershed Rehabilitation Plan by relocating a section of Panther Creek. The current mitigation direction (culvert replacement, culvert blockage, and channel relocation) has involved consultation with the MIT, the USACOE, the Washington Department of Fish and Wildlife, and Washington Department of Ecology through WSDOT's Multi -Agency Permit Team process. Staff concurs that the proposed location is appropriate and that WSDOT has demonstrated collaboration and cooperation with other agencies in identifying a practical approach to complying with the mitigation. However, staff believes that the restoration proposed for the removal of up to 56 trees should be accomplished using larger trees than those proposed for a portion of the trees. The 16 trees that would be removed at Culverts 65 and 66 and the 40 trees that would be removed at Culvert 72, should be mitigated by the planting of minimum 2 -inch caliper trees (deciduous) or 6 -foot high trees (conifers), at a ratio of 2.1 in order to provide a range of vegetation and to help alleviate concerns with regard to aesthetics and noise expressed by commenting parties (Exhibit 10). e. The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts; WSDOT proposes to implement Best Management Practices (BMP's) during construction. The proposal would result in the removal of up to 56 mature trees that contribute to aesthetic and acoustic buffering between the existing residential areas located east of the VARIANCE REPORT.docx City of Renton Department of Commoi Economic Development ministrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA22-002, CAR, V-A Report of March 22, 2012 Page 7 of 12 project site. In order to mitigate for the removal of these trees, WSDOT intends to restore the area with 1,448 new native trees (Pacific willow, Black cottonwood, Sitka spruce, and Western red cedar) and 5,935 shrubs (Exhibit 10). However, the proposed trees would be in containers with a typical height of 18 -inches, which is insufficient to address comments regarding noise and aesthetics. As indicated in "d" above, staff recommends as a condition of approval that the applicant be required to substitute some larger trees (at a ratio of 2:1) for the mature trees that would be removed. Such replacement trees shall be a minimum of 6 -foot high for conifers and a minimum of 2 -inch caliper for deciduous. f. The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located; The proposal would result in temporary impacts to the existing wetland area. No permanent net loss to the existing area, values, and functions in the East and West Panther Creek wetlands would occur. Wetland structural elements related to nutrient/sediment/toxicant filtration and adsorption will not have adverse impacts in the wetland, so there will be no net loss of water quality functions. Rerouting of water through East Panther Creek Wetland is not anticipated to change the vegetation communities in the wetland, or existing habitat for wetland -associated species such as amphibians. The temporary loss of wetland habitat due to vegetation removal would be mitigated by replanting all disturbed areas with native shrub and tree species within a few months of completion of earthwork activities. The proposed replacement of Culvert 72 and creation of approximately 760 lineal feet of new Panther Creek channel through East Panther Creek wetland is the first phase of implementation of the PCWRP. The Pian is designed to improve watershed -level limiting factors for salmonid species including: lack of salmonid refuge and rearing habitat, insufficient seasonal low -flows, lack of functioning riparian habitat, and the presence of fish passage barriers. There would be no net loss of aquatic habitat function in the West Fork of Panther Creek. Due to the extent of piped channel between the reach of West Fork of Panther Creek and Springbrook Creek, combined with highly degraded stream and riparian conditions, the West Fork of Panther Creek is likely a complete barrier to upstream salmonid fish passage. g. The proposed activities will not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State; The project area was analyzed previously in the PSWRP and the TRIP Biological Assessment (BA) and Biological Opinion (BO). The PCWRP and the BA/BO were reviewed specifically to evaluate implementation of mitigation for emergency repairs to the Thunder Hills Creek culvert (including the Panther Creek channel relocation). Updated species lists and critical habitat maps were acquired from NOAA Fisheries, StreamNet, and the U.S. Fish and Wildlife Services (USFWS), and priority habitat and VARIANCE REPORT.docx City of Renton Department of Commur Economic Development ninistrative Voriance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 8 of 12 species maps from WDFW. No new species or critical habitat has been listed that was not addressed in the TRIP BA. Based on the above, it was determined that the proposed project impacts are consistent with elements of the PCWRP, and all potential impacts on listed species or critical habitat have been considered in the Tukwila to Renton improvement BA and MNRS/IJSFWS BO. h. That the proposed activities will not cause significant degradation of groundwater or surface water quality; The proposed project does not involve any discharges of waste materials to surface waters. The potential for inadvertent discharges of waste material during construction will be minimized through standard WSDOT construction management practices. The completed project does not involve any withdrawal or degradation of groundwater. Because construction of the stream channel is anticipated during summer months (June through September), groundwater withdrawal (dewatering) is not anticipated. i. The approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose, and (Ord. 5519, 12-14-2009) As noted above, relocation of the Panther Creek channel is part of the larger project to mitigate for the emergency repairs to the Thunder Hills Creek culvert, to plan for future SR 167 improvements, to implement a component of the PCWRP, and reduce seasonal flooding of developed private properties located along the west side of SR 167 in the vicinity of C65 and C66. The removal of up to 56 trees and the grading of 540 cubic yards of material (upstream of Culvert 72) and 55 cubic yards of material (downstream of Culvert 72) is the minimum needed in order to accomplish the project. j. The proposed variance is based on consideration of the best available science as described in WAC 365-195-905; or where there is an absence of valid scientific information, the steps in RMC 4-9-25OF are followed. (Ord. 4835, 3-27-2000; Amd. Ord. 4851,8-7-2000) The review of functions and values of wetlands streams in the project area is based upon the following documents that meet the criteria in WAC 365-195-905: A. C Kindig & Co. and Cedarock Consultants, Inc. City of Renton: Best available science literature review and stream buffer recommendations. February 23, 2003, report to the City of Renton. Cooke, S. and A. Azous. 1997. The hydrologic requirements of common Pacifica Northwest wetland plant species. Pages 154-169 in Azous, A.L., and R.H. Horner (eds). Wetlands and Urbanization, Implications for the future, Final Report of the Puget Sound Wetlands and VARIANCE REPORT. d ocx City of Renton Department of Commui Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 9 of 12 Stormwater Management Research Program. Washington State Department of Ecology. Olympia, WA; King County Water and Land Resources Division; and the University of Washington. Seattle WA. Parametrix. 2004. Best available science ordinance review. June 28, 2004, memorandum to Jones and Stokes. Sheldon, D., T Hruby, P. Johnson, K, Harper, A. McMillan, T. Granger, S. Stanley, and E. Stockdale. 2005. Wetlands in Washington State — Volume 1: Syntheses of the Science. Washington State Department of Ecology. Publication #05-06-006. Olympia, WA. March 2005. Walters, M., R. Teskey, and T. Hinckley. 1980. impact of water level changes on woody riparian and wetland communities. Volume Iii: Pacific Northwest and Rocky Mountain regions. Fish and Wildlife Service, U.S. Dept. of the interior FWS/OBS-78-94. Washington, D. C. in addition, the following documents were reviewed and support the analysis in the Critical Areas Study: National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS). 2008. Endangered Species Act — Section 7 Consultation Biological Opinion and Magnuson - Stevens fishery Conservation and Management Act Essential Fish Habitat Consultation for the 1-405 Tukwila to Renton improvement Project (1-5 to SR 169 — Phase 2) Lower Cedar River, Cedar River Sixth Field NUS: 171100120106, 171100120302 King County, Washington. National Marine Fisheries Service, Northwest Region and U.S. Fish Wildlife Service, Western Washington Office, March 3, 2008. WSDOT (Washington State Department of Transportation). 2000. Wetland Functions Characterization Tool for Linear Projects. June 2000. WSDOT (Washington State Department of Transportation). 2007. Panther Creek Watershed Rehabilitation Plan: Preliminary draft for Multi Agency Permitting Team (MAPT) review. May 2007. Staff concurs that the variance is being requested and considered using the best available science as documented above. F. CONCLUSIONS: 1. The subject site is located within the Washington State Department of Transportation right-of- way at mile post 24.7 and 25.69 within the Panther Creek Wetland. 2. The analysis of the proposal according to 10 variance criteria is found in the body of the Staff Report satisfies the requirements for the approval of a Variance from RMC4-5-050:L.8.E., provided the conditions of approval are met. VARIANCE REPORT. docx City of Renton Department of Commu - Economic Development ministrative Variance Report & Decision THUNDER FALLS MITIGATION FISH BA ...... R RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 10 of 12 3. Comments were received from parties in the vicinity of the project and those comments are contained in the record as Exhibit 10. 4. A Critical Areas Exemption per RMC 4-3-050:C.5.a.i - iii allows for exemptions within critical areas and their buffers for conservation, enhancement, education and related activities. And RMC 4-3-050:C.5e.v (Roads, Parks, Public and Private Utilities) allows for Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks. A copy of the Critical Areas Exemption is attached as Exhibit 11. G. DECISION: The Administrative Variance(s) for the Thunder Hills Creek Mitigation Project, File No.LUA12-002, V-A, CAR, is approved and is subject to the following condition: 1. The applicant shall submit a revised Restoration Plan to the Current Planning Project Manager indicating the substitution of between a minimum of 102 to 112 trees to replace mature trees removed as part of the project. The restoration shall be accomplished at a rate of 2:1, using 6 -ft high conifers and/or 2 -inch caliper deciduous trees in lieu of a comparable number of smaller native trees specified in the restoration plan. The applicant shall provide written verification of completion of planting (from a wetland biologist) to the City's Current Planning Project Manager at conclusion of the project. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C.E. "Chip" Vincent, Planning Director Planning Division TRANSMITTED this 22nd day of March, 2012 to the Owner/Applicant/Contact: Owner: City of Renton Ron Straka, Surface Water Supervisor 1055 South Grady Way Renton, WA 908057 Applicant: Denise Cieri Deputy Project Director, Eastside Corridor 1-405 Corridor Project Office, WSDOT 600 108th Ave NE, Suite 405 Bellevue, WA 98004 TRANSMITTED this 22nd day of March, 2012 to the Party(ies) of Record: Ryan Kline 409 5 36th Street Renton, WA 98055 VARIANCE REPORT Bill C_ An CSA, LLC PO Box 1941 Auburn, WA 98071 ZZ o 2— Date' Contact: Bonnie Lindner, Permit Lead HDR Engineering, Inc. 500108 th Ave NE, Suite 1200 Bellevue, WA 98004 Diane Jackson 2419 Talbot Crest Drive S. Renton, WA 98055 City of Renton Department of Commun Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FI5H BARRIER RETROFIT LUA12-002, CAR, V-A Report of March 22, 2012 Page 11 of 12 ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these nares ore provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:34 a.m. to 3:30 p.m., Monday through Friday unless otherwise approved by the Development Services Division. 2. Commercial, multi -family, new single family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m, and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Plan Review - Storm Drainage 1. Erosion control shall comply with the Department of Ecology's Stormwater Management Manual. City code requires compliance with the Critical Areas Ordinance. The Critical Areas Study for the project has verified that it meets the City's compensatory storage requirements defined in Section 4-3-050 of the Renton Municipal Code. 3. The project involves work within FEMA's 100 -year floodplain. Filling or grading below FEMA's regulated flood plain elevation of 16.00 (NGVD 29), will require compensatory storage to be provided per city code. 4. New culverts will need to be designed to accommodate future land use condition runoff for the 25 -year and 100 -year storm events in accordance with the City's design standards. 5. A downstream hydraulic analysis along the SW 23rd Street right-of-way, between SR- 167 and Springbrook Creek (SW 23rd St Channel), was provided. The analysis has verified that no flooding problems will result from the project. The analysis for the culvert has demonstrated a zero -rise in the 100 -year flood elevation. 6. Work within city right-of-way will require an easement for construction, access, and maintenance. It appears this requirement has been met. Transportation 1. Any work affecting traffic in the City's right-of-way will require an approved traffic control plan from the City. As a portion of the project will require weekend closure of SR 167, submittals for re-routing traffic and early coordination with the City are required. z. A noise variance has been approved and is contained herein as Exhibit 11. TRANSMITTED this 22nd day of March, 2012 to the following: Neil Watts, Development Services Director Larry Meckling, Building Official Kayren Kittrick, Development Services Fire Marshal VARIANCE REPORT. docx City of Renton Department of Commai Economic Development ninistrative Variance Report & Decision THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-DOZ CAR, V-A Report of March 22, 2012 Page 12 of 12 Jennifer Henning, Current Planning Renton Reporter H. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. 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 April 5, 2012. An appeal of the decision must be filed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RECONSIDERATION: Within 14 days of the effective date of decision, 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: The variance(s) approval will expire two (2) years from the date of decision. A variance one (1) year extension may be requested pursuant to RMC 4-9-2508.17. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one -on -ane) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. VARIANCE REPORT.docx