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Home My WebLink AboutExh.30_Muckleshoot_Tribe_CommentsFrom: Karen Walter <KWalter@muckleshoot.nsn.us> Sent: Thursday, August 29, 2019 3:04 PM To: Matthew Herrera Subject: FW: City of Renton LUA Acceptance: Cedar River Apartments, LUA19- 000161 Attachments: NOA_Project_Acceptance_190806.pdf; ECF_SEPAChecklist_190613_V3.pdf; Site Plan.pdf Matt, We have reviewed the available documents for the proposed Cedar River Apartments project at 1915 Maple Valley Highway referenced above. This project is a redevelopment of the former Stoneway concrete and gravel facility. We offer the following comments in the interest of protecting and restoring the Tribe’s treaty-protected fisheries resources: This project represents an opportunity to restore river processes in the Cedar River at this location that has been significantly altered over time as documented in the Golder October 30, 2018 Shoreline Stabilization memo for this project. Per the memo, the most “recent” activity at the site affecting river processes is the concrete block retaining wall noted in existence as of the 2002 aerial photograph in the memo. This raises questions: 1. Was this retaining wall fully permitted by Renton, WDFW and any federal agencies that required permits? If no, then the wall should not be viewed as a legal structure for purposes of this redevelopment project. It is proposed for retention without modification currently. 2. If yes, was the wall built meeting current engineering standards at the time? Has it ever needed maintenance? It may be desirable to keep the wall as is; however, if it does not meet current engineering and flood control needs, it should be reconsidered. Further, it appears that the wall was intended to be removed as part of the Site 7 restoration project (Right Bank, River Mile 1.8 to 2.15 ) from the Lower Cedar River Chinook Salmon Habitat Restoration Assessment Habitat Restoration Site Potential and Feasibility Analysis Report (Herrera 2015) which states: “Enhance right bank in conjunction with Tri-Park Master Plan redevelopment to flatten right bank to provide shallow edge habitat at range of flows, remove invasive vegetation and armoring, and/or install LWD and bioengineered native plantings.” See https://www.govlink.org/watersheds/8/reports/LowerCedarRestorationAssessment_FINAL% 20REPORT.pdf Project Environmental review approach and considerations We agree with the City’s initial assessment that this project should undergo an environmental impact statement process. An EIS process will enable a variety of alternatives for the site, including modifications to the existing shoreline stabilization wall, the proposed riparian plantings, and the extent, number and location of trails in the regulated shoreline as shown in the site plan to be considered and their environmental impacts fully considered. This is particularly true because as discussed in project application materials, the site is in a channel migration area of the Cedar River. This project represents an opportunity to restore some/all of the salmon habitat functions that occur in channel migration areas. As described currently, there is only one alternative, the proposed action/site plan. An EIS would enable a fully consideration of the river bank options identified in the Golder October 30, 2018 memo. EXHIBIT 30 DocuSign Envelope ID: 99BA427F-FE67-49CC-B142-9BE0760232C1 Now that the cement plant is gone, the time to correct the site’s impacts to the Cedar River is now. The existing river impairments (fill, retaining wall, concrete wash ponds) confine the likely contributed to redd scour and reduce habitat quality/quantity by coarsening the streambed substrate, and limits salmon production. The applicant also proposes to place fill within the 100- year flood plain, where mitigation is provided via onsite compensatory flood storage without significant modification to the shoreline and riverine functions. It is also not clear how the proposed fill and CLOMR application will reduce opportunities to restore the natural channel migration that would occur if not for the existing built structures. The project proposal appears to be inconsistent and will likely preclude the proposed Site 7 restoration project from the Lower Cedar River Chinook Salmon Habitat Restoration Assessment 10 Habitat Restoration Site Potential and Feasibility Analysis Report (Herrera 2015). This project and the larger Lower Cedar River Chinook Salmon Habitat Restoration Report/plan (now part of the larger WRIA 8 plan) were not considered in any of the project application documents we reviewed to date. As a result, the restoration project has not been considered in the design and evaluation of project impacts. This is another reason why an EIS should be done that could evaluate a development proposal that accommodates the restoration project. Existing environmental conditions Has the site been fully evaluated to ensure there are no environmental hazards, toxics, groundwater contamination that needs to be addressed before the site can be redeveloped? The former concrete settling ponds still exist on site from the available photo record. Again, an EIS would help discern these issues further and evaluate how different development alternatives would affect or be affected by these conditions if they exist. Stormwater Management a. Regardless of development alternatives, we understand that any redevelopment project would be exempt from any stormwater detention requirements and would be allowed to discharge stormwater directly to the Cedar River. From our review of the basis of this decision in WDOE’s Stormwater Management Manual for Western Washington, there was no biological considerations for this decision and no evaluation of its potential impact on treaty-protected resources, including ESA listed Chinook and Steelhead. The issue is that the stormwater will be discharged into margin areas of the Cedar River that are important to juvenile salmon for their health and survival. The project needs to be modified by requiring detention and enhancement of the river habitat where the outfalls will discharge stormwater to reduce impacts from increases in water velocities that exceed those necessary for juvenile salmon to maintain station, feed, avoid predators, etc. and not get flushed downstream prematurely. b. For the proposed project or any other alternative, the redeveloped site also needs to provide enhanced treatment methods for its stormwater to reduce metals and oil discharges in stormwater that adversely affect salmon. See https://www.govlink.org/watersheds/8/pdf/NOAA_stormwater_research_references.pdf for a list of references on this topic. Artificial Lighting The project’s artificial lighting details need to be fully discussed including how artificial lighting will be designed/managed to avoid increasing predation risks for juvenile salmon in the Cedar River. We appreciate the opportunity to review this Notice of Application and look forward to the City of Renton’s responses to these concerns. We may have further comments subsequently. Please let me know if you have any questions. DocuSign Envelope ID: 99BA427F-FE67-49CC-B142-9BE0760232C1 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: Jennifer Cisneros [mailto:JCisneros@Rentonwa.gov] Sent: Thursday, August 15, 2019 10:52 AM To: Karen Walter; Laura Murphy; 'separegister@ecy.wa.gov'; 'sepaunit@ecy.wa.gov'; 'misty.blair@ecy.wa.gov'; 'Sepadesk@dfw.wa.gov'; 'sepacenter@dnr.wa.gov'; 'Minnie.Dhaliwal@TukwilaWA.gov'; 'jgreene@kingcounty.gov'; 'steveo@newcastlewa.gov'; 'andy.swayne@pse.com'; 'sepa@pscleanair.org' Cc: Matthew Herrera Subject: City of Renton LUA Acceptance: Cedar River Apartments, LUA19-000161 Hello, Please see attached documents for City of Renton LUA acceptance for the following project: Cedar River Apartments LUA19-000161 Attached are the Notice of Application, the Site Plan, and the Environmental Checklist. As the project progresses, more information will be available by request and through our online Public Notice of Land Use Applications Map. Thank you, Jenny Cisneros | Planning Technician City of Renton | CED | Planning Division 1055 South Grady Way | 6th Floor | Renton, WA 98057 Phone: (425) 430-6583 | Fax: (425) 430-7300 | jcisneros@rentonwa.gov Office Hours: Tuesday – Friday 6:30am-5:00pm DocuSign Envelope ID: 99BA427F-FE67-49CC-B142-9BE0760232C1