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HomeMy WebLinkAboutM_Full Description of Project_Broodstock_210115_v1.pdfCedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project Land Use Permit Application August 2020 100% Recycled Paper Prepared for Seattle Public Utilities Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page i Table of Contents 1.0 Introduction .............................................................................................................. 1-1 1.1 PROJECT BACKGROUND AND PURPOSE ............................................................. 1-1 1.2 PROJECT DESCRIPTION ....................................................................................... 1-1 1.3 PROJECT CONSTRUCTION ................................................................................... 1-6 1.4 EXISTING CONDITIONS ..................................................................................... 1-12 1.4.1 Project Location ................................................................................. 1-12 1.4.2 Zoning, Shoreline Environments, and Other Designations ................. 1-12 1.4.3 Existing Land Uses and Structures ..................................................... 1-13 1.4.4 Vegetation ......................................................................................... 1-13 1.4.5 Critical Areas ...................................................................................... 1-14 1.4.6 Archaeological and Historic Resources .............................................. 1-14 2.0 Request ..................................................................................................................... 2-1 3.0 Regulatory Compliance ............................................................................................. 3-1 3.1 RMC 4-3-090 (SHORELINE MASTER PROGRAM REGULATIONS) .......................... 3-1 3.1.1 B. (Regulated Shorelines) ..................................................................... 3-1 3.1.2 C. (Shorelines Overlay Districts) ........................................................... 3-1 3.1.3 D. (General Development Standards) .................................................. 3-1 3.1.4 E. (Use Regulations) ........................................................................... 3-14 3.1.5 F. (Shoreline Modification) ................................................................ 3-14 3.2 RMC 4-9-030 (CONDITIONAL USE PERMITS) ..................................................... 3-19 3.2.1 A. (Purpose) ....................................................................................... 3-19 3.2.2 D. (Decision Criteria) .......................................................................... 3-19 3.3 RMC 4-9-190 (SHORELINE PERMITS) ................................................................ 3-22 3.3.1 B. (Shoreline Development Approval) ................................................ 3-22 3.3.2 I. (Variances and Conditional Uses) .................................................... 3-22 3.4 RMC 4-9-200 (MASTER PLAN AND SITE PLAN REVIEW) .................................... 3-24 3.4.1 B. (Applicability and Authority) .......................................................... 3-24 3.4.2 E. (Decision Criteria) .......................................................................... 3-24 3.5 RMC 4-9-250 (VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES) .... 3-28 3.5.1 B. (Variance Procedures).................................................................... 3-28 4.0 Conclusion ................................................................................................................ 4-1 Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page ii List of Tables Table 1 In-Water Project Components Table 2 Over-Water Project Components Table 3 In-Water Components That Support Shoreline Facilities Table 4 Upland Construction-Related Impacts Table 5 In-Water Construction-Related Impacts List of Attachments Permit Drawings—Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Attachment 1 State Environmental Policy Act Threshold Determination Attachment 2 Pre-Application Notes Attachment 3 Critical Areas Report with Mitigation Plan Attachment 4 Biological Assessment Attachment 5 Draft Geotechnical Report Attachment 6 No Rise Certification Attachment 7 Draft Drainage Report List of Acronyms and Abbreviations Acronym/ Abbreviation Definition BCF Broodstock Collection Facility BMP Best management practice City City of Renton COR Commercial Office Residential CY Cubic yards Hatchery Cedar River Sockeye Hatchery Hatchery Program Cedar River Sockeye Hatchery Program ILF Use Plan In-Lieu Free Use Plan LMA Landsburg Mitigation Agreement NMFS National Marine Fisheries Service Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page iii Acronym/ Abbreviation Definition OHWM Ordinary high water mark Park Cedar River Park RCO Washington State Recreation and Conservation Office RMC Renton Municipal Code SCUP Shoreline Conditional Use Permit SF Square feet SMP Shoreline Master Program SPCC Spill Prevention, Control, and Countermeasure SPU Seattle Public Utilities SSDP Shoreline Substantial Development Permit TESC Temporary Erosion and Sediment Control USACE U.S. Army Corps of Engineers WDFW Washington Department of Fish and Wildlife WSDOT Washington State Department of Transportation Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-1 1.0 Introduction 1.1 PROJECT BACKGROUND AND PURPOSE Seattle Public Utilities (SPU) constructed and operates the Cedar River Sockeye Hatchery (Hatchery) in Landsburg, Washington, as a mitigation commitment identified in the multi- agency Landsburg Mitigation Agreement (LMA) established in 2000. The Hatchery mitigates for SPU’s decision to prevent passage of sockeye salmon (a fish species not native to the Lake Washington/Cedar River system) into Seattle’s Cedar River Municipal Watershed above the City of Seattle's Landsburg Diversion Dam at River Mile 21.4. The Washington Department of Fish and Wildlife (WDFW) operates the Hatchery and an associated sockeye salmon broodstock collection facility (BCF) on the Cedar River through an agreement with SPU. The BCF is a sockeye salmon collection structure consisting of a weir and fish trap that captures adult sockeye salmon. These salmon are collected from the trap by WDFW and transported to the Hatchery for artificial breeding. The BCF is the subject of this application. In 2008, SPU constructed the existing BCF at River Mile 1.7 on the Cedar River in the City of Renton (City). In coordination with the Adaptive Management Working Group, SPU has determined the existing BCF should be replaced because it does not fully satisfy requirements of the LMA. The existing BCF is not able to operate at high river flows; therefore, the number of sockeye collection days is limited. This ultimately results in far fewer eggs collected (approximately 7.8 million) than the egg-take goal of 37 million prescribed in the LMA. The purpose of the proposed project is to replace the existing BCF. Replacement is needed to improve BCF operations at higher river flows. Constructing a replacement facility that can operate at high river flows would extend the sockeye collection season, which would increase the number of females collected, thereby improving overall performance relative to the egg-take goal. Extending the collection season would also help to fulfill the goal of sufficient genetic diversity within the broodstock. Replacement of the existing BCF would also improve safety for facility operators by simplifying operational maintenance and avoiding the need for maintenance staff to frequently enter the river at high flows for continued and labor-intensive cleaning of the existing pickets. 1.2 PROJECT DESCRIPTION The proposed project has two primary components: (1) work in the Cedar River required to construct the replacement BCF, and (2) adjustments to existing shoreline facilities to facilitate BCF operation, including annual installation and removal. In-Water BCF Components The replacement BCF would provide an improved weir system that includes a permanent channel-spanning concrete sill with an embedded electric actuator lift system that can lower and raise a series of picket panels. The replacement BCF would be constructed Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-2 approximately 20 feet upstream of the existing weir alignment. Building the weir upstream allows the existing BCF to be operated while the replacement BCF is being constructed. It also allows the existing anchor cable to remain in the river, ensuring that there is a backup system for fish collection in the event of issues with the replacement BCF. Improved Weir System and Concrete Sill The concrete sill would span the entire width of the Cedar River. The width of the sill would be approximately 21 feet to accommodate the approximately 20-foot-long picket panels that comprise the weir. The weight and foundation embedment of the concrete sill is proportioned to achieve safety factors recommended by the U.S. Army Corps of Engineers (USACE) for global stability against sliding, flotation (or uplift), and overturning load effects. The design of the concrete sill would be slightly concaved, moving the thalweg toward the middle of the river, and naturally focusing fish toward the instream trap box for collection. The concrete sill would house electrical wiring required for an electric actuator lift system, which would raise and lower the weir, which is the structural component to direct migrating salmon to the trap box. Boulders would be placed to a depth of 4 feet and would extend approximately 8 feet upstream and downstream of this concrete sill to prevent scour (Table 1). Aluminum picket panels would attach to an aluminum subframe anchored to a gusset plate on the curb on the upstream edge of the concrete sill. The curb would protrude approximately 14 inches above the riverbed; the gusset plate would be protected by the curb from flow debris. The picket panels are designed to meet National Marine Fisheries Service (NMFS) 2011 standards for fish passage barrier systems. In raised position the picket panels would be approximately 7 degrees above horizontal to achieve the 1-foot- per-second NMFS criterion for maximum flow velocity across the weir. In the lowered position, the pickets would be oriented approximately 4 degrees below horizontal before the subframe contacts the underlying concrete sill. The pickets would be 1-inch outer diameter aluminum tubes with 1-inch clear spacing in between. The electric actuators used to raise or lower the picket panel weir would be operated by a detachable control panel that would be installed upland on the south bank. The picket panels would be divided into zones so each zone can be raised or lowered independently; this function would in part be utilized to allow chinook salmon passage or cleaning of individual sections of the weir. Downstream of the trap box, the typical picket panel and subframe assembly is replaced by a trap chute assembly which features a similar picket configuration and would allow fish passage into the instream trap box. Table 1 In-Water Project Components Concrete sill Constructed within riverbed 84 feet long by 21 feet wide Boulders Placed upstream and downstream of concrete sill 8 to 16 inches in diameter 150 cubic yards (CY) total Picket panels Seasonally attached to concrete sill Collection of pickets, approximately 20 feet long by 3 feet wide Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-3 New Trap Box/Access and Debris Deflector The replacement BCF includes a new, larger aluminum trap box to collect fish and maintain them in the river flow until they can be collected. The trap box includes a central floor that can be raised and lowered with a hand winch to facilitate fish collection without workers entering the river or the trap. As the floor is lifted, fish in the trap would gather in a neoprene trough for collection. The trap box would also contain a hand -operated lifting trap bypass gate that can be raised to allow non-targeted fish, such as chinook salmon, to bypass the trap box and continue swimming upstream. An aluminum walkway system would wrap around three sides of the trap box; the walkway would stand 4 feet above the riverbed, providing workers with safe access to the trap box at high flows, keeping the facility fishable at 1,000 cubic feet per second. The walkway access would be gated and signed to prevent public usage; additional signage would be posted adjacent to the boat ramp to warn recreational users of hazards presented by the weir and fish trap when it is in operation. The trap box would be accessed from the shoreline via detachable gangway, which would be supported by T-bars (Table 2). To protect the trap box from debris drifting downstream, a debris deflector panel would be installed directly upstream of the trap box. The debris deflector panel would be anchored by T-bars in a triangle shape that points upstream. Debris that encounters the panels would be redirected away from the trap box toward the picket panels. The design, installation, and removal of the proposed debris deflector panel is consistent with the debris deflector panel utilized to protect the existing BCF. Table 2 Over-Water Project Components Trap box Upstream of concrete sill, above water 15 feet long, 6 feet wide (10 feet wide if including walkway), and 7.5 feet tall Gangway Between trap box and shoreline, above water 30 feet long by 2 feet wide Debris deflector Upstream of trap box, at water surface Two 7.5-foot-long by 6-foot-tall panels In-Water Components That Support Shoreline Facilities A concrete retaining wall would be constructed in the riverbed along the base of the reconfigured boat ramp to protect the boat ramp from scour (Table 3). This wall would begin approximately 3 to 4 feet below riverbed (varies in depth) and would transition in height to be flush with the boat ramp elevation as it extends approximately 9 feet upstream. This would provide additional scour protection for the boat ramp and would offer support for a Grasscrete-style pad located immediately upland. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-4 Table 3 In-Water Components That Support Shoreline Facilities Concrete retaining wall Waterward edge of boat ramp, in-water 30 total linear feet in length (includes 21 linear feet below riverbed when along the boat ramp/concrete sill and 9 linear feet when extending upstream, flush with the elevation of the boat ramp). Note: The shoreline within the project site is subject to natural erosion by the Cedar River, with a flooding event in early 2020 that reshaped a portion of the left bank just upstream of the existing BCF. The proposed project has been designed to address these erosive forces, with scour protection upstream and downstream of the concrete sill. The design of the boat ramp and associated Grasscrete-style pad also includes a small retaining wall and subgrade footing that is integrated with the sill along the riverbank to prevent erosion. In mid-2020, the project site will be resurveyed to determine whether design modifications are needed in response to these natural site changes. Impact calculations within this document may be adjusted accordingly, but new impact types are not anticipated. Upland Boat Ramp and Access Road Improvements Upland components of the project proposal are limited to those that are needed to facilitate installation and removal of the BCF each year and to operate the BCF when it is in the river. This includes a reconfiguration of the boat ramp, moving it approximately 20 feet east of its current location so that it is in line with the new concrete sill. The area that it is moved from would be restored with native vegetation. An ancillary Grasscrete- style pad would be established adjacent to the east side of the boat ramp to support crane outriggers. The access road leading to the boat ramp would also be widened to support the new crane class that is needed for BCF installation and removal. Components of the replacement BCF and their location in river would require a new and larger crane class compared to the equipment used for installation and removal of the existing BCF. A Grasscrete-style turnaround would be established at the top of the boat ramp to support movement of equipment. Ancillary Upland Components Other upland improvements include the installation of a new 14-foot-tall light pole, which would be located directly east of the boat ramp. The light would only be used during emergencies or to improve safety during operations at dark. A control panel for the electric actuators/lift system would be affixed to the new light pole. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-5 Annual Installation, Operation, and Maintenance Excluding the permanent concrete sill, all operable components of the replacement BCF will be installed/removed annually; installation will occur in early September and removal will occur in December, except for the picket panels, which would be left in a lowered position against the concrete sill for removal by early July. Maintenance of the picket panels, once they are lowered and before their removal, may occur on an up-to-weekly basis to remove bedload that will accumulate on the picket panels and concrete sill. This would require raising the picket panels a few inches off the lowered position to dislodge accumulated sediment and debris. Recurring maintenance at this frequency would substantially reduce the amount of clearing required before the pickets are removed each year and before their installation each September. Cleaning twice yearly, before picket removal and prior to later installation, would be the minimum necessary maintenance of accumulated bedload. During maintenance, the bedload could be cleared manually with a shovel or similar tool, with an airburst-type system, and/or with a combination of raising and lowering the pickets. In September, after the sill is clear, the actuators and subframe would be installed; picket panels would then be mounted to the upstream face of a subframe connected to the concrete sill. This process includes installation of a central trap chute. Once the picket panel weir assembly is in place, pneumatically driven T-bars would be installed in the streambed to support various components. The trap box debris deflector panel would be installed by crane. The temporary detachable gangway would be installed to provide access to the trap box. Annual installation/removal of the BCF, including equipment staging, would be conducted from the boat ramp on the south bank of the Cedar River. During operation, the electric actuator lift system would lift or lower the picket panel weir from an upland control area on the south bank. The panels may also be lowered to allow chinook salmon passage or for cleaning. While the weir is raised, fish would be collected in the trap box until the capacity for the measured water depth is reached, or when maximum holding times are reached, and fish must be removed. Refer to the Biological Assessment (Attachment 4) for more detail on holding times and NMFS-provided criteria. Fish handling, including removal or release from the trap box, and transport to the Hatchery would continue to meet NMFS-provided criteria and would not change from existing operations. Benefits of the Replacement BCF The replacement BCF would improve conditions compared to the existing facility: • Improved fish collection capabilities. The replacement BCF has been designed to operate in higher velocity river flows. This would allow the BCF to function later into the year, allowing a greater duration for fish collection and increased fish genetic diversity. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-6 • Improved personnel safety. The picket panels can be remotely lowered/raised for cleaning from an upland area along the southern shoreline, rather than requiring entry into the Cedar River to remove debris. • Improved installation/removal methods. The replacement BCF includes a permanent concrete sill, which the picket panels can easily be attached to or detached from. 1.3 PROJECT CONSTRUCTION Construction Phasing Project construction would occur in two phases, with Phase 1 in 2022 and Phase 2 in 2023. In-water work would occur within the allowable work window each year, which extends from July 1 to August 31. A 1-month extension to the work window is requested, with work beginning June 1. Upland work would not be confined to the work window but is generally expected to coincide with in-water activities or be phased just before and after. Phase 1 consists of all work on the south side of the Cedar River, which includes all upland work and construction of approximately half of the concrete sill, extending from the south bank of the river to just past mid-channel. Phase 2 includes in-water construction of the north half of the concrete sill, facilitated from the Cedar River Park (Park) on the north bank of the river. The in-water construction methods as described below would be utilized for both phases of work. The two construction phases are necessary because, given the required construction activities, the replacement facility cannot be constructed in the 8 weeks provided by the allowable in-water work window. Importantly, SPU would encourage the Contractor to complete construction in 1 year, if possible, to minimize overall project impacts. Phase 1 Staging/Laydown Areas, Site Preparation, and Upland Development The primary staging/laydown area would be established within the existing Cedar River Trailhead parking lot, approximately 100 feet from the ordinary high water mark (OHWM); this staging area would be utilized during both construction phases. A majority of staging/laydown, including a concrete washout area, would occur in this delineated area. Access to this parking lot will be temporarily closed during construction. A small segment of the Cedar River Trail would be temporarily rerouted around this staging area. Special temporary signage would be installed to advise bicyclists and pedestrians of the trail detour or other relevant temporary features during construction. Signage would also be placed at the access road to the Cedar River Trail Trailhead. This is the most effective way to ensure public safety and avoid their transit through an active construction area or in the space between shoreline construction and construction staging in the parking lot. Measures from an approved traffic control plan (TCP) will be implemented to avoid/minimize transportation-related impacts during construction. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-7 Once the contractor staging/laydown area is established, focused site clearing would begin along the shoreline to support upland construction (Table 4). The proposed project’s Stormwater Pollution Prevention Plan measures would be installed. Vegetation surrounding the areas of upland improvement would be cleared, but clearing would be limited to the minimum necessary to support construction. Approximately 5,362 SF of area would be disturbed during this work (3,733 SF of which would constitute a temporary impact), including the removal of one tree. Site clearing and preparation work would be completed using a loader, forklift, work pickups, and hand tools. A majority of this work would occur within the 100-year floodplain of the Cedar River but no work would occur on the site’s steep slopes. During this phase of work, the existing access road would be widened by 3 feet. The existing boat ramp would be reconfigured to align with the new concrete sill. A Grasscrete-style pad would be installed at the top of the boat ramp to provide a turnaround area and at the shoreline to support crane outriggers. Grasscrete-style pavers are used in areas to minimize the amount of impervious surface, while still achieving design goals for project facilities that support the replacement BCF. In total, approximately 150 CY of excavation and 190 CY of fill would be required to complete this upland work. Some portions of this work would extend below the OHWM, as indicated on Figure 3. Other ancillary upland improvements include installation of one light pole and trenching for placement of electrical conduit, which would occur within the footprint of the access road and boat ramp. All work described above would occur in 2022 during Phase 1. Table 4 Upland Construction-Related Impacts Activity Impact Duration Vegetation clearing 3,733 SF (1) of temporary clearing 1 tree removed Total temporary impact, area restored after construction Access road widening 419 SF of new impervious surface Permanent impact Boat ramp reconfiguration 1,148 SF (1) of new impervious surface 414 SF (1) of new Grasscrete-style pavers Permanent impact Restoration of old boat ramp configuration 653 SF (1) of existing impervious surface removed Removal of existing impervious surfaces, including restoration Note: 1 Minor portions of these project temporary and permanent components would occur below the OHWM, as noted later in this narrative. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-8 Phase 2 Staging/Laydown Areas Phase 2 construction would be limited to in-water work conducted in 2023; however, this work would be facilitated from the north bank of the Cedar River, from within the Park. Staging would be established along the north bank of the Cedar River beneath the I-405 bridge, pending approval from the Washington State Department of Transportation (WSDOT) and coordination with the City. Staging/laydown areas would be fenced to demarcate the area; traffic controls and other signage would be installed. Access to the Park via Houser Way/Cedar River Park Drive would be closed since construction staging would be established beneath I-405. This would avoid public transit within an active construction zone. Access to the Park would not be impacted overall, park users would enter the Park via the Maple Valley Highway entrance. Measures from an approved TCP will be implemented to avoid/minimize transportation-related impacts associated with phase 2 construction. A smaller work area would be established immediately upland of the Phase 2 cofferdam to facilitate construction; the existing informational signs would be temporarily relocated, and the area would be demarcated from public access with fencing. Steel plates would be laid within the work area to protect the existing grass. The work area would allow a mobile crane and other equipment to access the interior of the cofferdam from Park property; the rock retaining wall adjacent to the Cedar River would be protected in place. Once construction of Phase 2 is complete, the site would be restored to preconstruction conditions. In-Water Work Prior to any in-water work, a temporary cofferdam system would be installed so the concrete weir can be cast in place. The temporary cofferdam is expected to be a PortaDam, AquaBarrier, Bulk-Bag, ecoblock/sandbag, or sheetpile system installed with a vibratory hammer, or other similar cofferdam system. The cofferdam system would be installed (and removed) in two phases, with Phase 1 occurring on the south bank of the Cedar River during the 2022 in-water work window and Phase 2 occurring on the north bank of the Cedar River during the 2023 in-water work window. The cofferdam would extend to just beyond the middle of the river; this allows river flow and fish passage during construction. It would take approximately 1 to 1.5 weeks to install the cofferdam, per phase. Construction equipment required for installation of the cofferdam could include a hydraulic excavator, a loader/forklift, and a mobile crane; however, this would depend on the type of cofferdam system selected by the Contractor. Once the cofferdam system is in place, the work area within the cofferdam would be dewatered. Initial dewatering would utilize pumps with intake hoses fitted with fish- compliant screening that would be installed into the low points of remaining inundated areas. Outlet hoses would be routed to a point downstream of work activities back into the Cedar River. The pools would be dewatered at a maximum rate of 2 inches per hour, Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-9 allowing aquatic life to migrate with the receding water level, thereby preventing stranding. Capture and release of any fish, or other remaining aquatic life, back into the natural flow of the Cedar River will be completed by qualified personnel pursuant to WSDOT’s Fish Exclusion Protocols and Standards. Water removed during the initial dewatering would be directly discharged to the Cedar River as it would not have come into contact with construction activities and is not expected to be turbid. During construction, water collected within the cofferdam system will be settled and filtered, and then discharged to the Cedar River. This continuous dewatering would be completed solely through use of pumps. Any water that has come into contact with cementitious material would be considered process water and would be either treated before discharge or disposed of off site. However, the dewatering system would be designed to minimize the commingling of water and cementitious material, through a sump located upstream of the concrete, drainage ditches to divert water, or other similar methods. Dewatering activities would occur throughout the duration of in-water work within the cofferdams, which is anticipated to take approximately 2 to 3 months per phase. A visual monitoring program will be established and approved prior to construction to protect water quality and to ensure approval of an appropriate discharge method. Following initial dewatering within the cofferdams system, in-water work on the permanent concrete sill would begin (Table 5). Excavation for the concrete sill would be completed using a hydraulic excavator. The area would be excavated to a desired subgrade depth, with 1 foot of over -excavation. Approximately 610 CY of material excavated below OHWM would be permanently removed from the river channel and taken off site for disposal if it is not suitable for reuse onsite as backfill . Once the excavation is complete, equipment (e.g., a small roller) would be used to compact the riverbed. Geotextile and road-base aggregate would be placed within the footprint of the excavation and concrete would be poured directly on grade to create the permanent sill, with forms along the sidewalls. The concrete sill would be constructed in two phases, consistent with the phased construction approach. Once the concrete sill has cured, boulders would be placed directly upstream and downstream of the sill to prevent scour. Electrical systems for the new weir would be installed/fixed to the sill and the trench within the sill after approximately 1 week of curing. The installation of the mechanical and electrical system would also be subject to the phased construction approach. This work would require use of a forklift, mobile crane (potentially), small diesel generators, air compressor, and hand tools. A cast-in-place concrete retaining wall would be constructed along the base of the boat ramp. The wall would extend approximately 3 to 4 feet below the grade of the existing riverbed, functioning as a key wall to prevent scour. As the wall extends further upstream, it would transition to a height flush with the boat ramp; this section of the wall would provide further scour protection for the boat ramp and support for the Grasscrete-style Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-10 pad located immediately upland. Boulders would be placed upstream and downstream of the concrete retaining wall for further scour protection. Total grading quantities for in-water work include excavation of up to approximately 610 CY of sediment and approximately 610 CY of fill (concrete, aggregates, and boulders). Once in-water work is complete, the cofferdam would be re-flooded. This would be completed slowly to prevent scour. Pumps would be removed from the work area to allow water to fill the cofferdam cell. Table 5 In-Water Construction-Related Impacts Activity Impact Duration Cofferdam installation and removal 465 linear feet (1) Temporary impact Boulder placement upstream and downstream of concrete sill and along retaining wall 150 CY Permanent impact Concrete retaining wall installation 12 CY total fill Permanent impact Note: 1 A portion of this temporary project component would occur upland. Construction Best Management Practices The following best management practices (BMPs) will be implemented during construction to avoid and minimize temporary construction-related impacts to the environment: BMPs for General Impact Avoidance and Minimization • Boundaries of clearing limits will be clearly flagged to prevent disturbance outside of the limits. • All construction activities will comply with the State of Washington Surface Water Quality Standards (Washington Administrative Code [WAC] 173-201A). • A TESC plan will be developed and implemented for all project elements that entail clearing, vegetation removal, grading, ditching, filling, embankment compaction, or excavation. • Concrete washout areas will comply with specifications, which requires washout areas to be located a minimum of 50 feet from surface waters. • Only clean and imported material will be used in-water, as needed, to prevent scour at the concrete sill and improved boat ramp. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-11 BMPs for In-Water Construction • All work below the OHWM will be completed during the agency-approved in-water work window and will fully comply with all environmental permits and other authorizations. • Work below the OHWM will be confined within a cofferdam. • To minimize handling of fish, fish will be herded out of and excluded from re-entering the cofferdam area before its completion. • Before, during, and immediately after isolation and dewatering of the in-water work area, fish from the isolated area will be captured and released using methods that minimize the risk of fish injury, in accordance with the applicable protocols for such activities. • A visual monitoring program will be implemented to monitor turbidity during construction. • Construction equipment operated waterward of the OHWM will use biodegradable oil. • Cedar River flows will be monitored throughout construction using the USGS gage 12119000, Cedar River at Renton, upstream of the project site. During flow events approaching the 5 percent exceedance flow for June (1319 cubic feet per second), equipment and materials will be moved off the access pads until waters subside. BMPs to Reduce the Risk of Introducing Pollutants to the Cedar River • The contractor will prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan prior to beginning any construction activities. The SPCC Plan will identify appropriate spill containment materials to be available at the project site at all times, as well as specify what to do and whom to contact when spills occur. The SPU- approved SPCC Plan will provide site- and project-specific details identifying potential sources of pollutants, exposure pathways, spill response protocols, protocols for routine inspection fueling and maintenance of equipment, preventative and protective equipment and materials, reporting protocols, and other information according to contract specifications. • The contractor will prepare a Water Quality Monitoring and Protection Plan to ensure that state water quality standards are maintained throughout construction and that discharge to surface waters does not exceed numerical criteria for the Cedar River. • All equipment to be used for construction activities will be cleaned and inspected prior to arriving at the project site to ensure no potentially hazardous materials are exposed, no leaks are present, no invasive species are being transported, and the equipment is functioning properly. Should a leak be detected on heavy equipment used for the project, the equipment will be immediately removed from areas within or immediately adjacent to the OHWM of waterbodies. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-12 • A concrete truck chute cleanout area or equally effective BMP will be established to properly contain wet concrete. • Uncured concrete and/or concrete byproducts will be prevented from coming in contact with streams or water conveyed directly to streams during construction. • Excavated material will be removed to an upland location that will prevent its re-entry into waters of the state. Construction Schedule Project construction would occur over the span of two in-water work windows. Construction is anticipated to begin in May 2022 and end in August 2023. All upland development would occur during phase 1 of construction. 1.4 EXISTING CONDITIONS 1.4.1 Project Location The project site is located at approximately river mile 1.7 of the Cedar River in Renton, Washington, located immediately upstream of the I-405 Bridge (the project site). Development would occur within the Cedar River and along the left bank of the Cedar River, on a City-owned parcel (parcel 1723059014). The City-owned parcel was acquired in 1993 with grant funding provided by the Washington State Recreation and Conservation Office (RCO) that requires the property to be maintained in perpetuity for public recreation use. In 2008, through coordination led by the City, RCO confirmed that construction of a boat ramp and access road to support temporary and seasonal BCF activities would support recreational use of the site overall and would not constitute a conversion. Recreational use of this property will not change as a result of this proposed project, year-round public access will be provided. SPU will coordinate with the City and RCO to update an existing Memorandum of Agreement to reflect the proposed site changes. Work would also occur on WSDOT property (parcel 1723059179). Development within the WSDOT parcel is limited to widening an approximately 20-foot-long segment of the existing access road by approximately 3 feet and has not been addressed further in this narrative. The existing parking lot within the parcel would also be used temporarily to support construction staging. SPU will coordinate with WSDOT to obtain approval and required access agreements. Construction access/staging would also occur on the north side of the river on City-owned land (parcel 1723059013) and beneath the I-405 Bridge. There is no site address associated with the parcel to the south where upland development would occur. 1.4.2 Zoning, Shoreline Environments, and Other Designations The project site is within the Commercial Office Residential (COR) zone, which has a corresponding Urban Design District C overlay. The Cedar River does not contain a zoning designation or overlay district. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-13 The proposed project would occur within the Cedar River, or in the 200-foot shoreline jurisdiction of the Cedar River, which is a Shoreline of the State, subject to regulation by the City’s Shoreline Master Program (SMP). According to the City’s SMP, the shoreline environment designations for the project site include the Shoreline High Intensity shoreline environment on the north side of the Cedar River and the Urban Conservancy shoreline environment on the south side. For portions of the proposed project waterward of the OHWM of the Cedar River, the project site would be within the Aquatic shoreline environment. 1.4.3 Existing Land Uses and Structures Primary existing land uses and structures within the boundaries of the project site include the existing BCF, which is installed seasonally within the Cedar River. The existing BCF was constructed in 2008 as part of the Cedar River Sockeye Hatchery Program (Hatchery Program). Each year, the existing BCF is installed shortly after Labor Day (following peak recreational use of the Cedar River) and is removed when flows exceed approximately 550 cubic feet per second, around early November. Permanent structures associated with the existing BCF include approximately 1.5 CY of gravel within sandbags and an associated wire cable within the Cedar River. Other existing uses and structures within the project site include a concrete access road and non-motorized boat ramp for public watercraft, located on City property on the south bank of the river. The boat ramp provides public access to the shoreline, in accordance with an agreement between the City and the RCO. This boat ramp is also currently used by SPU/WDFW for seasonal access to the Cedar River during installation/removal and operation of the existing BCF. Otherwise, the southern shoreline parcel is vegetated and does not currently support active use. The Park is located north of the project site, and a rock retaining wall forms a hard shoreline between the river and this adjacent parcel. The Park is a 23-acre park that supports active and passive community use. Within the Park, a small area would be temporarily used for construction. Within this area, two interpretative panels that provide signage for the existing BCF would be temporarily relocated, and staging may occupy some portion of the existing concrete walkway. 1.4.4 Vegetation Land cover on the south bank includes a narrow vegetated riparian zone, paved access to the river for the existing BCF, a regional bike trail, and open fields. It is generally characterized by a high terrace sloping steeply down to a narrow flood terrace along the Cedar River in the vicinity of the BCF. Vegetation in the riparian zone below the high terrace consists of a mix of native and non-native species. Native vegetation includes, but is not limited to, an overstory of bigleaf maple (Acer macrophyllum), black cottonwood (Populus balsamifera), and red alder (Alnus rubra), with an understory composed of red osier dogwood (Cornus sericea), snowberry (Symphoricarpos albus), beaked hazelnut Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 1-14 (Corylus cornuta), Indian plum (Oemleria cerasiformis), and western red cedar (Thuja plicata). Invasive species include Japanese knotweed (Polygonum cuspidatum), English ivy (Hedera helix), and Himalayan blackberry (Rubus armeniacus). The parcel to the north of the Cedar River is predominately covered in maintained lawn, mixed with limited landscaping. 1.4.5 Critical Areas According to the City’s GIS mapping tool, the project site contains the following critical areas: • Flood Hazard Areas: Portions of the parcel to the south and parcel to the north of the Cedar River are within the 100-year floodplain. The regulatory floodway of the Cedar River also overlaps with portions of parcels 1723059014 (south bank) and 1723059013 (north bank). • Steep Slopes: The parcel to the south of the Cedar River is mapped with protected slopes (greater than 40 percent) and sensitive slopes (greater than 25 percent but less than 40 percent). The parcel to the north is mapped with sensitive slopes. • Seismic Hazard Areas: The entire project site is mapped within an area considered as a high seismic hazard. • Wellhead Protection Areas: The entire project site is located within a wellhead protection zone, zone 1. Renton Municipal Code (RMC) 4-3-050(B)(1)(d) states that Type S waterbodies inventoried as a Shoreline of the State (in this case, the Cedar River) are not regulated by the City’s critical areas ordinance but by the SMP regulations contained in RMC 4-3-090. RMC 4-3-090(D)(2)(c)(iii) considers Shorelines of the State within the Urban Conservancy shoreline environment as a class 1 fish habitat conservation area. Regulations for development within class 1 fish habitat conservation areas are contained throughout the development and use standards of the SMP. 1.4.6 Archaeological and Historic Resources An archaeological survey was conducted within the proposed project area prior to construction of the existing BCF, boat ramp and access driveway. The associated Cultural Resources Assessment describes that the proposed project area contains historic fill, and the upland slopes have been altered through active river deposition and erosion of the floodplain; therefore, it is unlikely that ground-disturbing work would encounter intact deposits of significant prehistoric or cultural material. For these reasons, no further archaeological work was recommended. The only recommendation was to ensure that if cultural material was inadvertently discovered during construction, work should be suspended in the proposed project location. Consistent with the 2008 construction of the existing facilities, an Inadvertent Discovery Plan will be prepared prior to construction and approved by SPU’s cultural resources coordinator. A copy will be maintained on site throughout the duration of work. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 2-1 2.0 Request Based on the information in this narrative and the accompanying plans and reports, SPU respectfully requests the approval of the application for a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, Conditional Use Permit, and Administrative Variance for tree removal within a Shoreline of the State. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-1 3.0 Regulatory Compliance Pertinent RMC standards/provisions for development within City jurisdiction have been bolded for easy reference; SPU’s response follows below. If a requirement of the RMC is not applicable to the proposed development action or does not require a response, that section of text has been omitted and is not addressed in this document. 3.1 RMC 4-3-090 (SHORELINE MASTER PROGRAM REGULATIONS) 3.1.1 B. (Regulated Shorelines) The Renton Shoreline Master Program applies to Shorelines of the State, which include Shorelines of Statewide Significance and shorelines as defined in chapter 4-11 RMC and as listed below. 2. Shorelines: a. Cedar River The project site is entirely within 200 feet of the Cedar River; therefore, provisions of the City’s SMP apply to the proposed project. 3.1.2 C. (Shorelines Overlay Districts) 1. Urban Conservancy Overlay District 4. Shoreline High Intensity Overlay District 6. Aquatic Shoreline Overlay District The project site is located in three shoreline environments. The parcel on the south side of the Cedar River is in the Urban Conservancy shoreline environment, the parcel to the north is in the Shoreline High Intensity shoreline environment, and the portion of the project site waterward of the OHWM is in the Aquatic shoreline environment. 3.1.3 D. (General Development Standards) 2. Environmental Effects: a. No Net Loss of Ecological Function i. No Net Loss Required: Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-2 shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. The proposed project has been designed to avoid, minimize, and mitigate project impacts to ensure no net loss of ecological function. This is discussed further in the sections below. ii. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts shall be considered and mitigated on- or off-site. The proposed project seeks to replace an existing facility within the Cedar River, the purpose and use of the facility do not change, and this proposed project would not trigger additional improvements. Cumulative impacts are not anticipated. iii. Evaluation of Mitigation Sequencing Required: An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order: a. Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action. Project design has followed the City’s mitigation sequencing requirements. Adverse impacts have been avoided and minimized through the project design as follows. • The original design assumed a hydraulic weir system. The weir has since been redesigned to use electric actuators. Using electric actuators avoids the need to run hydraulic oil through a submerged facility. • Using electric actuators also avoids the need to build a concrete, subgrade mechanical room, which would house a 100-gallon hydraulic fluid tank. The concrete mechanical room would have been located in the floodplain and subject to seasonal flooding. • Project design also evolved to remove portions of the existing boat ramp rather than only expand the boat ramp along the eastern edge. These design changes have been discussed with the City since the proposed project’s pre-application on August 6, 2019 and have resulted in avoidance of excess permanent construction and operational impact to the shoreline ecology. b. Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-3 Adverse impacts have been minimized by designing the project improvements in the areas subject to past disturbance and current BCF operations, and with the smallest footprint practicable. Adverse impacts have been further minimized through project design as follows. • The turn radius of the new crane class was evaluated with Autoturn software to right-size the access ramp and proposed turnaround. This would minimize new impervious surface constructed to support this equipment. • Surfacing the pad adjacent to the boat ramp and turnaround with Grasscrete- style pavers minimizes the amount of impervious surfaces on site. The project would result in 414 SF of Grasscrete-style surface that would otherwise have been impervious concrete. This minimization approach has been discussed with the City, and through these discussions, SPU committed to using Grasscrete-style pavers. • To further minimize the extent of impervious surfaces on site, approximately 653 SF of the existing concrete boat ramp would be removed after the boat ramp is reconfigured. The area would be replanted with native vegetation. During construction, BMPs will be implemented to further avoid and minimize potential temporary impacts to water quality and the aquatic environment. These BMPs are included in Section 1.3 (Project Construction) of this narrative. c. Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment. Vegetated areas temporarily impacted by construction would be restored to preconstruction conditions following completion of construction. d. Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. Operational impacts associated with the replacement BCF would be substantially similar to the existing BCF operation and would not result in new significant ecological impacts. The replacement BCF has an anticipated design life of 50 years, far beyond the design life of the existing BCF and resulting in a reduced need for the ongoing preservation and maintenance operations required by the existing facility. e. Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and taking appropriate corrective measures. Compensatory mitigation would be provided to mitigate for the following unavoidable project impacts to the aquatic and riparian environments. Areas of temporary impact will be restored with native vegetation as described below. • Permanent Aquatic Impacts: Project components that constitute fill within the Cedar River include approximately 1,764 SF of the concrete sill and 45 SF of concrete retaining wall/Grasscrete-style pad. Additionally, approximately Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-4 191 SF of the reconfigured concrete boat ramp would be permanently located below the OHWM. This is partially offset by the removal of 539 square feet of existing boat ramp below the OHWM. In total, approximately 1,461 SF of permanent aquatic impact would occur as a result of the project. The addition of boulders upstream and downstream of the in-water components are not considered an impact. This is a depositional reach of the river, gravels are anticipated to accumulate over the scour protection boulders and restore the channel bed to conditions typical of the reach. • Temporary Riparian Impacts: Beyond the footprint of the permanent impacts discussed above, an additional approximately 363 SF of vegetation would be temporarily removed from below the OHWM to accommodate construction. Areas subject to temporary impacts would be replanted with native vegetation following the completion of construction. • Permanent Riparian Impacts: Project components that impact the shoreline ecology above the OHWM of the Cedar River include approximately 419 SF of new impervious surfaces associated with the proposed access road widening, approximately 957 SF of reconfigured boat ramp above the OHWM, 317 SF of the Grasscrete-style turnaround, approximately 52 SF of Grasscrete-style paver pad, and installation of one light pole. This would be partially offset by the removal of approximately 114 square feet of the existing boat ramp. In total, approximately 1,627 SF of permanent impact would occur within the riparian area to accommodate the replacement BCF. One tree (black cottonwood) would be permanently removed. This is partially offset by the removal of 114 SF of existing boat ramp above the OHWM. • Temporary Riparian Impacts: An additional approximately 3,371 SF of riparian vegetation would be temporarily removed to accommodate construction. Areas subject to temporary impacts would be replanted with native vegetation following the completion of construction. The proposed mitigation would consist of a combination of aquatic and riparian elements on a total of 10,900 SF at the project site. Proposed riparian improvements include restoration of the 3,733 SF of temporary clearing limits, re-establishment of riparian vegetation in 489 SF of the existing boat ramp removal footprint, and enhancement of 6,680 SF of degraded riparian buffer. Vegetation management would include removal of invasive species and installation of native trees and shrubs suitable to the site conditions. The planted area would be treated with an erosion control fabric (e.g., jute or coir) and mulching as appropriate to promote plant establishment, erosion control, and weed prevention. To provide an aquatic component to the mitigation design, a large woody material complex is proposed along ordinary high water on the gravel bar approximately 150 feet upstream of the proposed BCF location to provide aquatic habitat complexity along the shallow channel margin. This complex would be partially buried and Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-5 anchored into the substrate with root wads oriented toward the river to provide habitat complexity, cover, and woody substrate for algae and macroinvertebrates. Refer to the Critical Areas Report (Attachment 3) for additional detail and conceptual mitigation plan. Given the project’s proposed mitigation, restoration of temporary impacts, and BMPs and design measures to further avoid and minimize impacts, the construction and operation of the replacement BCF would result in no net loss of ecologic function. c. Critical Areas within Shoreline Jurisdiction i. Applicable Critical Area Regulations: The following critical areas shall be regulated in accordance with the provisions of RMC 4-3-050, Critical Area Regulations, adopted by reference except for the provisions excluded in subsection D2cii of this Section. […] a. Aquifer protection areas b. Flood hazard areas c. Sensitive slopes (25% to 40%) d. High Seismic Hazards According to the City of Renton Online GIS, the project site is within a wellhead protection area (Zone 1), area of special flood hazard, sensitive slopes, and high seismic area. Because these critical areas are not regulated by the City’s SMP provisions, pertinent provisions from RMC 4-3-050 (Critical Areas Regulations) are addressed below: • Wellhead Protection Area (Zone 1) Standards o RMC 4-3-050(C)(5)(c) – Prohibited activities in a wellhead protection zone: The proposed project does not include any of the listed prohibited activities. o RMC 4-3-050(G) – Development Standards: There are no development standards for projects within a wellhead protection zone. The RMC does not have any other applicable criteria for development within a wellhead protection area. • Flood Hazard Area Standards o RMC 4-3-050(C)(5)(a) – Prohibited activities in floodways: The proposed project would construct improvements/place fill in the bed of the Cedar River; however, flood storage would not be reduced as a result of these activities. Compliance with provisions that allow this work is described below. o RMC 4-3-050(G) – Development Standards: There are no development standards for projects within flood hazard areas. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-6 o RMC 4-3-050(G)(4)(c) – General Standards: Development proposed within a flood hazard area would be limited to concrete/Grasscrete- style pavers for the access road expansion, boat ramp reconfiguration, Grasscrete-style pad, and a concrete retaining wall. A light pole and buried electrical conduit would also be installed. These structures are inherently floodproof and would not require supplemental floodproofing. The light pole would be anchored consistent with the three existing light poles on site, which have been operable within the floodplain for over 10 years. o RMC 4-3-050(G)(4)(e) – Additional Restrictions in the floodway: The proposed project would require fill within a regulated floodway. The RMC prohibits any development within the floodway that reduces floodplain capacity. A no-net-rise analysis was conducted by the project engineer; this analysis demonstrates how the proposed project has been designed to result in no net rise of flood elevations. The primary conclusion of the analysis is that the addition of the replacement BCF would have no rise effect on the 1-percent annual chance flood or base flood elevation and that the floodway widths would not be affected. Please see Attachment 6 for this report. • Sensitive Slope Standards o RMC 4-3-050(G) – Development Standards: There are no development standards for projects on sensitive slopes; furthermore, the proposed project would not conduct development activities on the regulated steep slopes on the site, as indicated by topography included on the project plans. Refer to Figure 2 for site topography. The RMC does not have any other use restrictions or criteria for development on sensitive slopes. Please see Attachment 5 for a copy of the project’s geotechnical report. • High Seismic Area Standards o RMC 4-3-050(G) – Development Standards: There are no development standards for projects located in high seismic areas. The RMC does not contain any other use restrictions or criteria for development within high seismic areas. e. Development Standards for Aquatic Habitat The proposed project would require development within an aquatic area (Cedar River); therefore, the critical areas provisions within the City’s SMP for aquatic areas will apply. i. Stormwater Requirements: Development shall provide stormwater management facilities including water quality treatment designed, constructed, and maintained in accordance with the current stormwater management standards. Water quality treatment facilities shall be Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-7 provided for moderate alteration of nonconforming structures, uses and sites as provided for in RMC 4-10-095. The proposed project would add 1,627 SF of new or replaced impervious surfaces; the proposed use and associated development are exempt from the need to construct stormwater management facilities. Please see the proposed project’s drainage report of more detail (Attachment 7), specifically, the applicant’s response to City Core Requirement #8. ii. Erosion and Sediment Control Requirements: Best management practices for control of erosion and sedimentation shall be implemented for all development in shorelines through approved temporary erosion and sediment control plan, or administrative conditions. An approved TESC Plan will be implemented by the Contractor during construction. Please see Figure 5 of the attached plans for proposed TESC measures. iii. Lighting Requirements: Nighttime lighting shall be designed to avoid or minimize interference with aquatic life cycles through avoidance of light sources that shine directly onto the water. Exterior lighting fixtures shall include full cut off devices such that glare or direct illumination does not extend into water bodies. Lighting shall include timers or other switches to ensure that lights are extinguished when not in use. The proposed project includes installation of an additional light adjacent to the boat ramp and approximately 20 feet landward of the OHWM. This light would only be used during emergencies or to improve safety during nighttime operations. Given its limited planned usage, the proposed light would have no adverse effect on aquatic life. 3. Use Compatibility and Aesthetic Effects a. General: Shoreline use and development activities shall be designed and operated to allow the public’s visual access to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shoreforms and vegetative cover. The proposed project would not establish a new use or development; the proposed project intends to replace an existing facility that is seasonally part of the visual landscape and is visited by community members to observe natural salmonid migration and fish-handling. Seasonal operation of the above-water facilities would not preclude the public’s physical or visual access to the shoreline; rather, it would continue to add interest and educational opportunities related to the natural environment. As described above, a large woody material complex would be installed as aquatic habitat improvements and riparian enhancement would occur within an approximately 10,900-SF low-density area along the shoreline, just upstream of the boat ramp. Areas temporarily impacted by construction would also be replanted. This Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-8 planting/installation would maintain shoreline aesthetic qualities that are derived from natural features. Visual access to the shoreline would not be substantially altered compared to existing site conditions. Above-water components of the BCF are consistent with the existing facility. Improvements to the boat ramp are in-kind with the existing facility. The concrete sill installed within the river would not likely be visible at high flows and at low flows would largely be covered with sediment. The only new vertical element associated with the proposed project is a light pole, adding to the three existing light poles on site. c. Community Disturbances: Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. The Cedar River Trail parking lot would be temporarily closed during both phases of construction. In Phase 2, access to the Park via Houser Way/Cedar River Park Drive would be closed. The larger Cedar River Trail and the Park will remain open for recreation during construction, with detours or fencing around the active construction areas to ensure public safety. A project specific TCP will be implemented by the contractor to minimize impacts to recreational resources, provide standardized notifications of closure and access routes. Impact control measures within the TCP include but are not limited to placement of “Road Closed” barriers in locations where vehicle access is restricted, installation of pedestrian friendly detour signs that demarcate the temporary pathway of the rerouted Cedar River Trail, and coordination with the City to ensure that construction access/traffic will not present significant impacts to users of the Park. Once completed, the project would collect migrating sockeye salmon as part of the Hatchery Program. Noise, odors, night lighting, water and land traffic, and other potential community disturbances would not change as a result of the proposed project, which would provide an improved design to an existing facility. This existing and continued land use would not result in significant adverse noise, odor, lighting, or land traffic impacts. The BCF is installed after Labor Day each year, following peak use of the Cedar River from recreational users. Signage would be posted to warn in-water recreationalists of the obstruction and its use of electric actuators. Recreational users would also be alerted by signage upstream, which directs them to exit the river and walk around the BCF. Additional signage would be installed at the boat ramp to communicate that boat launching cannot occur when the weir and trap are in place. These restrictions would result in a slight interruption to watercraft travel in this area during non-peak recreation seasons. Impacts to watercraft traffic would be minimized through annual removal of overwater components of the replacement BCF at the end of the season each year, in December. At that time, the pickets would be laid onto the concrete sill and removed before early July, when peak season use of the river begins again. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-9 d. Design Requirements: Architectural styles, exterior designs, landscaping patterns, and other aspects of the overall design of a site shall be in conformance with urban design and other standards contained in RMC 4-3-100, Urban Design Regulations, and other applicable provisions of RMC Title IV, Development Regulations, as well as specific policies and standards of the Shoreline Master Program. Given the nature of the proposed project, which has no architectural, design, or landscaping element, the Urban Design Regulations do not apply. This was confirmed through email correspondence with City Planner Alex Morganroth on 1/7/2020. e. Screening Required: The standards in RMC 4-4-095 concerning screening of mechanical equipment and outdoor service and storage areas shall apply within shorelines with the additional criteria that the provisions for bringing structures or sites into conformance shall occur for minor alteration or renovation as provided in RMC 4-9-190. The proposed project would not develop or install mechanical equipment or outdoor service and storage areas; therefore, the screening requirements do not apply. 4. Public Access c. Physical or Visual Access Required for New Development: Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. The proposed project consists of replacing an existing BCF and would not constitute new development; year-round public access to the site, as it is currently provided, would be maintained. A revised Memorandum of Agreement between the City and SPU will be executed to ensure that public access is maintained. 5. Building and Development Location – Shoreline Orientation c. General: Shoreline developments shall locate the water-dependent, water- related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. The replacement BCF, boat ramp, access road, and ancillary components are water dependent; minor project components (e.g., the light pole and Grasscrete-style turnaround) have been located as far from the Cedar River as feasible, yet within a distance from the Cedar River that would allow them to retain their function. While Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-10 disturbance to the existing shoreline vegetation would occur, vegetation removal would be conducted in an area subject to past disturbance to the maximum extent practicable, and the addition of new impervious surfaces has been kept to a minimum by incorporating Grasscrete-style surfaces where feasible. A portion of the existing impervious surfaces would also be removed, including 653 SF of existing concrete boat ramp; this area would be restored with native vegetation once the concrete is removed. There are no documented archeological, historical, or cultural resources at the project site. d. Design and Performance Standards: i. Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. The nature of the replacement BCF, which includes an in-water weir intrinsically reliant on its in-water location, requires development to occur in and immediately adjacent to the Cedar River. This is an unavoidable aspect of the proposed project. However, development planned on the south bank of the Cedar River would use portions of the existing boat ramp and access road, thereby minimizing the amount of shoreline ecology that would be disturbed. ii. Stream/Lake Study Required: An assessment of the existing ecological functions provided by topographic, physical, and vegetation characteristics of the site shall accompany development proposals. Please see Attachment 3 for the proposed project’s critical areas report. This report describes existing physical and ecological conditions at the site, unavoidable impacts to shoreline resources, and the project’s proposed mitigation. iii. Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: a. Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. b. Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. c. Utilities shall share roadway and driveway corridors and rights-of- way wherever feasible. The proposed project would require an approximately 3-foot widening of the existing access road that leads to the boat ramp. A Grasscrete-style turnaround would be constructed to facilitate movement of the crane/equipment that is needed to install and remove components of the replacement BCF each year. These improvements would be to the existing access road and boat ramp and are not proposed as a separate or new facility. Improving the existing facility minimizes Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-11 impacts to the shoreline ecology/topography. Electrical conduit would be installed within the footprint of the access road and reconfigured boat ramp . No parking is proposed. v. Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. The proposed project would not establish a new in-water use at the project site; rather, the existing use would be replaced with improved facilities. The improvements are limited to a concrete sill installed in the riverbed and an expansion to the existing access driveway and boat ramp. Therefore, the navigation and recreational impacts associated with the existing BCF would apply to the replacement facility. The BCF would continue to be installed after Labor Day each year, following peak recreational use of the Cedar River. Signage would be posted to warn in -water recreation alists of the obstruction and its use of electric actuators. R ecreational users would also be alerted by signage upstream, which directs them to exit the river and walk around the BCF. Impacts to navigation would be minimized through annual removal of over-water components of the replacement BCF at the end of the season each year, in December. A t that time, the pickets would be laid onto the concrete sill and removed before early July, when peak season use of the river begins again. 6. Archaeological, Historical, and Cultural Resources An archaeological survey was conducted within the proposed project area prior to construction of the existing BCF, boat ramp, and access driveway. The associated Cultural Resources Assessment describes that the proposed project area contains historic fill, and the upland slopes have been altered through active river deposition and erosion of the floodplain; therefore, it is unlikely that ground-disturbing work would encounter intact deposits of significant prehistoric or cultural material. For these reasons, no further archaeological work was recommended. The only recommendation was to ensure that if cultural material was inadvertently discovered during construction, work should be suspended in the proposed project location. Consistent with the 2008 construction of the existing facilities, an Inadvertent Discovery Plan will be prepared prior to construction, and approved by SPU’s cultural resources coordinator. A copy will be maintained on site throughout the duration of work 7. Standards for Density, Setbacks, and Height: c. Shoreline Bulk Standards: This table establishes the minimum required dimensional requirements for development including all structures and substantial alteration of natural topography. Additional standards may be established in subsection E of this Section, Use Regulations, and subsection F of this Section, Shoreline Modification. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-12 According to RMC Table 4-3-090(D)(7)(a), the following dimensional standards apply to development within shoreline jurisdiction: Urban Conservancy Shoreline Environment High Intensity Shoreline Environment Aquatic Shoreline Environment Structure Setbacks and Buffers (From the OHMW) Water Dependent Use 100 feet None2 None Vegetation Conservation Buffer 100 feet 100 feet4, 5 None Coverage Standards Impervious Area within the Buffer/ Setback 5%10 5%10 None Impervious Area within 100 feet of OHWM – Maximum 10%11 50%11 None 2 Setback shall be the maximum determined by the specific needs of the water- dependent use and shall not apply to a structure housing any other use. 4 Water-oriented uses may be established closer to OHWM only in cases where the vegetation conservation buffer is varied in accordance with subsection F1 of this Section, Vegetation Conservation. Buildings shall be no closer than fifty feet (50'), except as consistent with a Master Site Plan approved prior to the adoption of this Section. 5 Non-water-oriented uses may be established closer to OHWM only in cases where the vegetation conservation buffer is varied in accordance with subsection F1 of this Section, Vegetation Conservation. Buildings shall be no closer than seventy five feet (75'), except as consistent with a Master Site Plan approved prior to the adoption of this Section. 10 Up to five percent (5%) impervious surface is allowed in vegetation conservation buffers/setbacks for access to the shoreline, or a pathway up to six feet (6') wide, whichever is greater. In addition, for projects that provide public access and the opportunity for substantial numbers of people to enjoy the shoreline, up to twenty five percent (25%) impervious surface is allowed; provided, that no more Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-13 than five percent (5%) impervious surface is allowed closer than twenty five feet (25') from OHWM. 11 In cases where the depth of the vegetation conservation buffer/setback is modified in accordance with subsection F1 of this Section, Vegetation Conservation, that portion of the first one hundred feet (100') from OHWM upon which development is to be located is permitted a maximum of fifty percent (50%) impervious surface, unless a different standard is stated below: […] There is no development proposed on the north side of the Cedar River on parcel 1723059013, which is within the High Intensity Shoreline Environment. In addition, the type of development proposed within the Aquatic Shoreline Environment does not have dimensional standards attributed to it. Compliance with specific dimensional standards associated with development in the Urban Conservancy Shoreline Environment is demonstrated below: • 100-foot structure setback: The replacement BCF is intrinsically dependent on its in-water location; all upland components within the Urban Conservancy Shoreline Environment would need to be located within the 100-foot structure setback to support the replacement BCF. No new structures are proposed within the setback, just improvements to the existing boat ramp and access road. A new light pole would also be installed to join the existing three light poles on site. Given that the primary water-dependent use would be inoperable without these ancillary upland components within the 100-foot structure setback, SPU is requesting that the City maintain its modification to the setback to allow continued use of these structures. • 100-foot vegetation conservation buffer: The replacement BCF is water dependent and would require alteration to the 100-foot vegetation buffer extending from the OHWM of the Cedar River. According to RMC 4-3- 090(F)(1)(d), the City can exclude the vegetation buffer requirement for water- dependent uses or public access, provided that the area excluded from the vegetation buffer requirement is the minimum needed to provide the water dependent use or public access. SPU is requesting that the City continue to exclude the BCF facilities from the vegetation buffer requirement. The proposed project would permanently remove approximately 1,627 SF of existing riparian vegetation to accommodate the widening of the access road (to support crane access for BCF installation/removal), reconfiguration of the existing boat ramp (also required for BCF installation/removal, and would be open to public access), and other minor improvements such as installation of a light pole, which is necessary for operation of the BCF. All project elements proposed within the 100-foot vegetation buffer are water dependent, directly in support of a water-dependent use, and/or would constitute a public access improvement. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-14 • 5% impervious area within buffer/setback: According to the RMC’s shoreline bulk standards table (RMC 4-3-090(D)(7)(a)) footnote 10, projects that provide public access and the opportunity for substantial numbers of people to enjoy the shoreline, 25 percent of impervious surfaces are allowed within the 100-foot structure setback, provided that no more than 5 percent impervious surfaces are within 25 feet of the OHWM. Once completed, approximately 7-percent of the southern parcel would be covered with impervious surface (total existing + total new), well below the allowable 25-percent threshold. Approximately 3-percent of the impervious surface would be within 25-feet of the OHWM. Importantly, these impervious surfaces would be associated with improvements to the existing boat ramp and access driveway that provide year-round public access to the Cedar River. • 10% impervious area within 100 feet of the OHWM: The more restrictive code requirement is addressed above. 3.1.4 E. (Use Regulations) 1. Shoreline Use Table: Uses specified in the table below are subject to the use and development standards elsewhere in this Section and the policies of the Shoreline Master Program. According to the SMP regulations, the proposed replacement BCF would be considered a Fish and Wildlife Resource Enhancement Use, which is permitted in the Urban Conservancy and Aquatic Shoreline Environments when water dependent. Within the High Intensity Shoreline Environment, allowed uses are defined by the underlying zoning regulations rather than the codified SMP that is implemented as an overlay. Within the High Intensity Shoreline Environment’s underlying COR zone, the most similar use type to a BCF is a Natural Resources Extraction/Recovery use (as determined by the City in 2008 as part of the permitting process for the existing BCF). This use is considered a Hearing Examiner Conditional Use. The SMP equivalent to this review type is a shoreline conditional use; therefore, the proposed project would require both a Shoreline Substantial Development Permit (SSDP) and Shoreline Conditional Use Permit (SCUP) for the proposed replacement BCF use. 3.1.5 F. (Shoreline Modification) 1. Vegetation Conservation: a. Standard Vegetation Conservation Buffer Width: Except as otherwise specified in this Section, water bodies defined as shorelines shall have a minimum one hundred foot (100') vegetation management buffer measured from the OHWM of the regulated shoreline of the State. Where streams enter or exit pipes, the buffer shall be measured perpendicular to the OHWM from the end of the pipe along the open channel section of the stream. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-15 Please see Section 3.1.3 above for a request to exclude this water-dependent project from the 100-foot vegetation buffer requirement. 2. Landfill and Excavation a. General Provisions: Landfill and excavation shall only be permitted in conjunction with an approved use or development and allowed with assurance of no net loss of shoreline ecological functions. Excavation below the OHWM is considered “dredging” and is addressed in a separate section. The proposed project would require landfill/excavation on the south bank of the Cedar River. These activities are necessary to support the replacement of an existing water-dependent use. The landfill/excavation would improve the existing facilities, which minimize project impact compared to establishing an entirely new boat ramp or access driveway. Please see Section 3.1.3 above for a description regarding how the proposed project would ensure no net loss of shoreline ecological functions, and for a discussion of public use that is supported on site. c. Review Standards: All landfills and excavations shall be evaluated in terms of all of the following standards: i. The overall value to the public of the results of the fill or excavation site as opposed to the value of the shoreline in its existing state as well as evaluation of alternatives to fill that would achieve some or all of the objectives of the proposal. ii. Effects on ecological functions including, but not limited to, functions of the substrate of streams and lakes and effects on aquatic organisms, including the food chain, effects on vegetation functions, effects on local currents and erosion and deposition patterns, effects on surface and subsurface drainage, and effects on flood waters. iii. Whether shoreline stabilization will be necessary to protect materials placed or removed and whether such stabilization meets the policies and standards of the Shoreline Master Program. iv. Whether the landfill or excavation will adversely alter the normal flow of flood water, including obstructions of flood overflow channels or swales, after taking into account any compensating flood storage provided by the proposal. v. Whether public or tribal rights to the use and enjoyment of the shoreline and its resources and amenities are impaired. The RMC’s landfill and excavation review standards provided in Sections 3.1.5.F.2.c (i), (ii), and (iv) have been addressed in earlier sections of this consistency analysis. The remaining review standards are addressed in this response. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-16 The reconfigured boat ramp would be constructed with a concrete retaining wall along its base. The purpose of this retaining wall is to ensure that the river does not undercut and erode the toe of the boat ramp (fundamental design feature for a boat ramp). This retaining wall would rise to be flush with the height of the boat ramp as it extends approximately 9 feet upstream. In addition, 8- to 16-inch-diameter boulders would be placed in the Cedar River upstream and downstream of the permanent concrete sill to minimize scour potential. These project elements are intrinsic to the design of the boat ramp/sill and are not proposed to address other erosion issues at the site. Public and tribal use and enjoyment of the shoreline within the project site would not change as a result of the replacement BCF. Importantly, the Muckleshoot Indian Tribe is a member of the Adaptive Management Work Group for the LMA and has provided input and consultation throughout the design process for this proposed project. d. Performance Standards: Performance standards for fill and excavation include: vi. Disturbed areas shall be immediately stabilized and revegetated to avoid or minimize erosion and sedimentation impacts, both during initial work and over time. Natural and self-sustaining control methods are preferred over structures. Refer to above responses regarding implementation of an approved TESC Plan during construction. In accordance with the City of Renton Surface Water Design Manual, the contractor will be required to seed or stabilize disturbed areas that would remain unworked for more than 2 days in the wet season or 7 days in the dry season to minimize the potential for erosion. Once final grade is achieved, disturbed areas would be stabilized within 2 to 7 days. The specific TESC BMPs are shown on Figure 5 of the attached project plans. vii. Landfills and excavation shall be designed to blend physically and visually with existing topography. The proposed landfill and excavation would be the minimum necessary to reconfigure the existing boat ramp, widen the access road, install a light pole, and create the Grasscrete-style pad. Given the limited improvements proposed, existing topography would remain substantially similar to the existing site conditions. The proposed project would visually blend with the existing topography because the improvements are proposed to existing facilities and due to the plantings proposed within the riparian buffer. e. Shoreline Conditional Use Required: All fill and excavation waterward of the OHWM not associated with ecological restoration, flood control or approved shoreline stabilization shall require a Shoreline Conditional Use Permit. The proposed project would require excavation below the OHWM of the Cedar River. During a pre-application conference with City staff on August 6, 2019, it was Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-17 confirmed that this excavation work would be considered dredging and a SCUP will be required for the proposed project. 3. Dredging b. Dredging Limited: Dredging is permitted only in cases where the proposal, including any necessary mitigation, will result in no net loss of shoreline ecological functions and is limited to the following: iv. For development of approved water-dependent uses provided there are no feasible alternatives. Dredging is addressed in this consistency analysis in response to direction provided by the City during the pre-application meeting. However, the sediment-disturbing work proposed as part of the proposed project is best characterized as in-water excavation. The in-water excavation would occur within the cofferdam structure. The area of excavation would be backfilled with concrete to construct the permanent components of the replacement BCF. The work is not to reach a new grade in-water, which is the working definition of dredging. The in-water excavation is required for the water-dependent project components located below the OHWM. This includes the permanent concrete sill within the Cedar River channel, the concrete retaining wall along the base and upstream of the boat ramp, and majority of the Grasscrete-style pad. These project components together comprise a majority of the permanent elements of the replacement BCF. Please see the proposed project’s plan (Figures 1-15) for additional details regarding the design. The no-net-loss criteria have been addressed in Section 3.1.3 above. d. Review Criteria: i. New development, including the development of associate piers and docks, should be sited and designed to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. Where alternatives such as the utilization of shallow access to mooring buoys is feasible, such measures shall be used. ii. All proposed dredging operations shall be designed by an appropriate State-licensed professional engineer. A stamped engineering report and an assessment of potential impacts on ecological functions shall be prepared by qualified consultants and shall be submitted to the Renton Planning Division as part of the application for a shoreline permit. iii. The responsibility rests solely with the applicant to demonstrate the necessity of the proposed dredging operation. iv. The responsibility rests solely with the applicant to demonstrate that: a. There will be no net loss of ecological functions including but not limited to adverse effect on aquatic species including fish migration. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-18 b. There will be no adverse impact on recreational areas or public recreation enjoyment of the water. v. Adjacent Bank Protection: a. When dredging bottom material of a body of water, the banks shall not be disturbed unless absolutely necessary. The responsibility rests with the applicant to propose and carry out practices to protect the banks. b. If it is absolutely necessary to disturb the adjacent banks for access to the dredging area, the responsibility rests with the applicant to propose and carry out a method of restoration of the disturbed area to a condition minimizing erosion and siltation. vi. Avoidance of Adverse Effects: The responsibility rests with the applicant to demonstrate the proposed dredging will avoid conditions that may adversely affect adjacent properties including: a. Creating a nuisance to the public or nearby activity. b. Damaging property in or near the area. c. Causing substantial adverse effect to plant, animal, aquatic or human life in or near the area. d. Endangering public safety in or near the area. vii. The applicant shall demonstrate control of contamination and pollution to water, air, and ground through specific operation and mitigation plans. viii. Disposal of Dredge Material: The applicant shall demonstrate that the disposal of dredged material will not result in net loss of ecological functions or adverse impacts to properties adjacent to the disposal site. a. The applicant shall provide plans for the location and method of disposing of all dredged material. […] The in-water excavation proposed for the replacement BCF has been designed and would be conducted consistent with the above-provided review criteria. Responses throughout this document have demonstrated consistency of this work. The few paragraphs below provide responses to the review criteria that have not yet been addressed (iv, v), and in keeping with the approach to this document, a response is not provided for those review criteria that are not applicable to the proposed project. Recreational use of the Cedar River during operation of the BCF has been discussed. Regarding public enjoyment of the water during construction, in-water activities would occur behind a cofferdam system that extends to mid-channel only. Containing construction would maintain a safe environment for the public who may be in the general project vicinity. Construction-related disruptions to the public’s normal use of the shoreline would be limited to a maximum of 6 total months over 2 years. During Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-19 the construction period, signage would be posted to notify recreational users of project construction, directing them to exit the river and walk around the work area, consistent with the direction provided when the BCF is installed each year. Approximately half the width of the river channel in the project site would be open during construction, although recreation in this area is not advised due to public safety concerns. Regarding disturbance to the shoreline, the bank on the north side of the Cedar River (which is composed of a rock retaining wall along the edge of the Park) would not be disturbed. Work would occur on the south side of the Cedar River to armor the proposed shoreline development. Disturbance of this bank would be engineered to minimize scour and protect the boat ramp that facilities operation of the BCF and also provides public access to the shoreline. Permanent impacts to the shoreline ecology that results from bank disturbance would be mitigated as discussed in Section 3.1.3 of this narrative. Approximately 610 CY of sediment would be removed as a result of the in-water excavation, to facilitate installation of permanent components of the BCF. The material that is not used as backfill would be disposed of off site at a permitted upland facility. The BMPs that would be implemented during construction are described in Section 1.3 of this narrative. 3.2 RMC 4-9-030 (CONDITIONAL USE PERMITS) 3.2.1 A. (Purpose) The purpose of this Section is to set forth procedures and criteria for reviewing Conditional Use Permit applications. Conditional Use Permits allow for review of certain uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to conditions and mitigation measures that protect public health, safety and welfare and ensure compatibility with other uses in the district. The entire project site is located within the COR base zone. A BCF is not a use type listed in the City’s Zoning Use Table codified in RMC 4-2-060. The use type most similar to a BCF would be a natural resources extraction/recovery use; this was determined by the City in 2008 when the existing facility was originally permitted. Natural resources extraction/recovery uses are allowed as a Hearing Examiner Conditional Use in the COR zone. The replacement BCF would not change the use of the facility, which was approved by the Hearing Examiner in 2008 and extended in 2013 for a period of 10 additional years. A demonstration of compliance with pertinent conditional use criteria is included below. 3.2.2 D. (Decision Criteria) 1. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-20 Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. A demonstration of consistency between the proposed project and pertinent objectives, goals, and policies from the City of Renton Comprehensive Plan is included below. Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream courses and their floodplains, wetlands, ground water resources, wildlife habitats, and areas of seismic and geological hazards. The proposed project would result in minor impacts to ecology at the project site. These impacts would be mitigated through aquatic habitat improvements and riparian restoration/enhancement. Please refer to Section 3.1.3 for more detail. The purpose of the proposed project is to construct a replacement BCF with improved performance to support the Hatchery Program reach their egg intake goal. The Hatchery Program was established to fulfill terms of the LMA, which is intended to implement restoration measures that benefit the Cedar River. Goal L-X: Support and sustain educational, informational, and public involvement programs in the City over the long term in order to encourage effective use, preservation, and protection of Renton’s resources. The proposed project would retain the existing interpretive panels within the Park and the kiosk adjacent to the Cedar River Trail on the south bank of the river. These signs provide information regarding BCF operations and the Hatchery Program and are an educational opportunity and attraction for the public throughout the year and especially when the BCF is in operation. The signage would be updated as part of the proposed project. Policies L-35, SH-1, SH-D, SH-5, SH-7, SH-F, SH-35, SH-J. Responses throughout this document have addressed the consistency of this proposed project to the policies codified within the Comprehensive Plan; the water dependent BCF should continue to be considered a reasonable and appropriate shoreline use. Its association with the LMA and overall beneficial effect on the Cedar River is consistent with the City’s overarching goal of protecting the natural environment and ensuring natural resources for the future. 2. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The proposed project would maintain the existing use at the site and operate at a substantially similar scale; therefore, no new use-related impacts are anticipated. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-21 3. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. The scale of the physical and operational characteristics of the replacement BCF would remain substantially the same as the existing BCF, which would ensure that no new compatibility issues occur as a result of the proposed project. 4. Parking: Adequate parking is, or will be made, available. The proposed project does not require or propose new formal parking stalls. When parking is required during seasonal operation, existing parking at the Cedar River Trail trailhead is utilized. 5. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. Traffic associated with the BCF is primarily seasonal, with peak trips occurring during non- peak recreational months. During operation, a fish hauling truck would access the site to collect and transport broodstock to the Hatchery. The signs utilized by the existing facility, which are mounted in both directions on the Cedar River Trail warning users approaching the site of potential truck crossings ahead, would be retained to control potential conflicts between trucks and pedestrians/bicyclists. After the fish collection season, one truck may visit the site weekly for maintenance. Project construction would result in a temporary increase of traffic compared to the existing conditions at the site. However, the temporary increase in traffic would be limited to the duration of the two construction phases and would not result in a significant impact to traffic adjacent to the project site or on the public roadway network. 6. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. The replacement BCF consists of passive structures that would not produce noticeable noise, especially over the ambient noise produced by vehicles traveling I-405. While one new light pole is proposed, the light would be utilized only during emergencies or if needed to improve safety during low light conditions. There are also three existing light poles on site, so this would not constitute a changed condition. The proposed project would not produce adverse light or glare impacts. 7. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. The proposed project would occur entirely within designated critical areas; therefore, no landscaping is required or proposed. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-22 3.3 RMC 4-9-190 (SHORELINE PERMITS) 3.3.1 B. (Shoreline Development Approval) 3. Substantial Development Permit: A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to RCW 90.58.140(1). An exemption from obtaining a shoreline substantial development permit is not an exemption from compliance with the Act, the Shoreline Master Program, or from any other regulatory requirements. The proposed project does not qualify as an exempt action and will require an SSDP. 4. Shoreline Conditional Use Permit: A development or use that is listed as a shoreline conditional use pursuant to the Shoreline Master Program or is an unlisted use must obtain a conditional use permit even if the development or use does not require a substantial development permit. A portion of the proposed project would occur in the High Intensity Shoreline Environment; allowed uses in the High Intensity Shoreline Environment are based on the underlying zone. For the COR zone, the most similar use type to a BCF is a Natural Resources Extraction/Recovery use (as determined by the City in 2008 as part of the permitting process for the existing BCF). This use is considered a Hearing Examiner Conditional Use. The SMP equivalent to this review type is a shoreline conditional use; therefore, the proposed project would require a SCUP. 3.3.2 I. (Variances and Conditional Uses) 5. Conditional Use a. Purpose: Upon proper application, and findings of compliance with conditional use permit criteria, a conditional use permit may be granted. The objective of a conditional use provision is to provide more control and flexibility for implementing the regulations of the Shoreline Master Program. With provisions to control undesirable effects, the scope of uses can be expanded to include many uses. b. Decision Criteria: Uses classified as conditional uses can be permitted only after consideration and by meeting such performance standards that make the use compatible with other permitted uses within that area. A conditional use permit may be granted subject to the Administrator of the Department of Economic Development or designee determining compliance with each of the following conditions: i. The use must be compatible with other permitted uses within that area. The proposed replacement BCF would not result in a change of use at the project site. As demonstrated by the existing BCF operation, a BCF is compatible with adjacent uses in Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-23 the area, which are limited to the Park to the north and the Cedar River Trail to the south. A BCF is a passive use that would not generate significant adverse land use impacts (noise, light, visual, traffic, etc.). Moreover, the BCF operation is a known attraction that brings users to the Park/shoreline during the sockeye salmon upstream migration. Therefore, this use compliments the existing recreational uses in the area. The associated boat ramp also provides public access to the shoreline when the BCF is not in operation. ii. The use will not interfere with the public use of public shorelines. The proposed project would not result in changes to the public’s visual access to the shoreline; the public’s physical access to the shoreline would also remain unchanged. While operation of the BCF requires recreational users to temporarily exit the Cedar River channel for safety, the non-permanent BCF components would continue to be removed after the collection season, in December. The picket panels would be removed annually before peak season use of the river and would be installed after Labor Day in September. The timing of the annual installation/removal minimizes impacts to the public’s physical use of the river channel. Furthermore, the boat ramp provides public access to the shoreline when the BCF is not in operation. iii. iii. Design of the site will be compatible with the surroundings and the Shoreline Master Program. Consistent with the existing BCF, the proposed project would have minimal adverse visual or operational effect on adjacent land uses or the shoreline environment. The replacement BCF was designed to utilize the existing infrastructure and to reuse many of the components of the existing BCF. It would not significantly change the physical or visual landscape compared to existing conditions. Responses throughout this narrative describe the proposed project’s compatibility with applicable provisions of the SMP. iv. The use shall be in harmony with the general purpose and intent of the Shoreline Master Program. The proposed project would improve an existing water-dependent use, which collects sockeye salmon to support the Hatchery Program and terms of the LMA. A water- dependent use that supports salmon populations and restoration within the Cedar River is consistent with the general purpose/intent of the SMP. v. The use meets the conditional use criteria in WAC 173-27-160. The conditional use criteria codified in the WAC, including the referenced RCW 90.58.020 criteria, have been addressed in multiple sections of this narrative. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-24 3.4 RMC 4-9-200 (MASTER PLAN AND SITE PLAN REVIEW) 3.4.1 B. (Applicability and Authority) 2. Site Plan Review: a. When Required: Site plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC, R-10, RMH, RM, and R-14 Zones, all development within the Employment Area (EA) designation, and for the following types of development, regardless of zone: […] The project site is located within the COR zone; therefore, site plan review will be required for the proposed project. 3.4.2 E. (Decision Criteria) 3. Criteria: The Administrator must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation, and any applicable adopted Community Plan; Please see Section 3.2.2 above for compliance with pertinent land use and shoreline management comprehensive plan goals, objectives, and criteria. The City’s comprehensive plan contains one policy specifically pertaining to land uses within the COR comprehensive plan designation: Policy L-18: Commercial Office Residential – Place areas that are located near a significant amenity, such as a waterfront, are near major transportation or transit routes, and are comprised of one or more large tracts of vacant or underutilized land in the Commercial Office Residential land use designation and zone. This land banking designation is intended to transform properties into compact, mixed-use developments that act as City gateways, through master planning and coordinated design. The proposed BCF replacement would in part occur on City-owned land, designated/zoned COR. While the replacement BCF itself would not act as a City gateway, it would enhance the surrounding existing gateway recreation/park uses by providing a seasonal attraction to the public (salmon migration/handling) and by assisting in the enhancement of sockeye salmon populations on the Cedar River. Furthermore, the narrow dimensions and environmentally constrained nature of the project site would preclude most land uses from being established; however, the site conditions are ideally suited for the replacement BCF and would allow its development with minimal adverse impact on the natural and built environments given the existing infrastructure at the site. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-25 ii. Applicable land use regulations; The proposed project does not include new structures or development subject to the dimensional standards of the base COR zone; however, Section 3.1.3 of this narrative describes how the proposed project meets the numerical development standards as regulated by the codified SMP. b. Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; The City defines structure as “that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.” Using this definition, the proposed project’s permanent structures would include all proposed components. These structures would not result in conflicts of scale or overconcentration of development. ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; The proposed project would not alter the existing circulation patterns on the project site. The existing public access from the Cedar River Trail to the access road and boat ramp on the south bank of the Cedar River would be maintained. iii. Utilities, Loading and Storage Areas: Locating, designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties. Locate utilities underground consistent with RMC 4-6-090; The proposed project would require installation of electrical conduit; this conduit would be placed underground within the footprint of the access road and reconfigured boat ramp. No loading or storage areas are proposed. iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; The proposed project would not establish a new use or development; the proposed project intends to replace an existing facility that is seasonally part of the visual landscape and is visited by community members to observe natural salmonid migration and fish - handling. Seasonal operation of the above-water facilities would not preclude the public’s visual access to the shoreline; rather, it would continue to add interest and educational opportunities related to the natural environment. v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-26 maintain privacy, and generally enhance the appearance of the project; and The proposed project would be constructed entirely within critical areas; therefore, no landscaping is proposed or required. vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. The proposed project includes installation of one light pole. The light would be utilized only during emergencies and to improve safety during low light conditions, if needed. Given the limited anticipated use for this light and existing lights on site, no new or adverse light and glare impacts are anticipated. c. On-Site Impacts: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; The proposed project would be located on a vegetated parcel that supports the existing BCF. No privacy or noise impacts are anticipated and do not occur as a result of the existing BCF. ii. Structure Scale: Consideration of the scale of proposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; Permanent structures would include a concrete sill, a concrete retaining wall located below ground surface/flush with the height of the boat ramp, one light pole, a Grasscrete- style pad, and the widened/reconfigured access road and boat ramp; these project elements would not result in scale-related impacts to the natural or built environments. iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting and disconnecting impervious surfaces; Where possible, the proposed project would utilize existing infrastructure on the site to minimize the need to alter natural features. Impervious surfaces have been minimized through removal of a portion of the existing boat ramp and by proposing to utilize Grasscrete-style pavers instead of concrete where possible. iv. Reducing Parking Impervious Areas: Design parking areas to minimize impervious surfaces, including but not limited to: (1) breaking up parking areas and directing stormwater flows to multiple low impact development features such as bioretention areas; (2) locating parking near trees to provide storm water uptake; (3) retaining or adding vegetation to parking areas; (4) placing existing parking that exceeds Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-27 maximum parking ratios in permeable pavement designed consistent with the Surface Water Design Manual in RMC 4-6-030; and (5) using other low impact development techniques consistent with RMC 4-6-030; and No new or expanded parking areas are proposed. v. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. Landscaping shall be consistent with RMC 4-4- 070. The proposed project does not include a landscaping element. The replacement BCF would be located entirely within vegetated critical areas; landscaping is not required for portions of a project site that contain critical areas (RMC 4-9-030(D)(8)). d. Access and Circulation: Safe and efficient access and circulation for all users, including: […] The proposed project does not include new access or circulation routes; existing transportation infrastructure would be utilized. e. Open Space: Incorporating open spaces to serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. The purpose of the proposed project is to replace an existing fish collection facility, which is jointly operated by SPU and the WDFW as part of the Hatchery Program. The replacement BCF does not include the creation of new open spaces. f. Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. The proposed project would not negatively impact existing view corridors; expansions to existing view corridors is not proposed because that would require tree removal within critical areas. Public access to the shoreline would be maintained, consistent with the existing site conditions. This includes maintained access to the Cedar River channel when the weir is removed or lowered and to the boat ramp on the south bank of the Cedar River. g. Natural Systems: Arranging project elements to protect existing natural systems where applicable. Given the proposed project’s intrinsic reliance on an in-water location, locating construction outside of natural areas is not feasible. However, the project footprint has Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-28 been minimized by removing portions of the existing boat ramp and utilizing Grasscrete- style pavement where feasible. h. Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. The proposed project would require trenching for electrical conduit installation; all other required utilities are currently present at the site. i. Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. Project construction would occur in two phases, with Phase 1 in 2022 and Phase 2 in 2023. In-water work would occur within the allowable work window each year, which extends from July 1 to August 31. A 1-month extension to the work window is requested, with work beginning June 1. Upland work would not be confined to the work window but is generally expected to coincide with in-water activities or be phased just before and after. Phase 1 consists of all work on the south side of the Cedar River, which includes all upland work and construction of approximately half of the concrete sill, extending from the south bank of the river to just past mid-channel. Phase 2 includes in-water construction of the north half of the concrete sill, facilitated from the Park on the north bank of the river. j. Stormwater: Providing optimal locations of stormwater infiltrating low impact development facilities. Avoiding placement of buildings or impervious areas on soils with infiltration capability to the maximum extent practicable. The proposed project is reliant on proximity to the Cedar River; therefore, the location of new impervious areas was predetermined by the functional needs of the replacement BCF, regardless of soil infiltration capacity. However, the proposed project does include low-impact development facilities in the form of Grasscrete-style pavers, which is has been proposed in lieu of concrete to minimize the amount of impervious surfaces at the site. No other stormwater facilities are proposed or required in order to manage stormwater on the site. 3.5 RMC 4-9-250 (VARIANCES, WAIVERS, MODIFICATIONS, AND ALTERNATES) 3.5.1 B. (Variance Procedures) 6. Special Review Criteria – Reasonable Use Variance – Critical Areas Regulations Only: For variance requests related to the critical areas regulations not subject to subsections B7 to B12 of this Section, a reasonable use variance may be granted if all of the following criteria are met: a. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 3-29 b. There is no reasonable use of the property left if the requested variance is not granted; c. The variance granted is the minimum amount necessary to accommodate the proposal objectives; d. The need for the variance is not the result of actions of the applicant or property owner; and e. 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 subsection F of this Section are followed. The entire project site is located within 200 feet of the Cedar River and is, therefore, entirely within a Shoreline of the State. According to RMC 4-4-130(D)(3), all tree removal or land clearing is prohibited within Shorelines of the State, unless a variance is granted. Given the vegetated/wooded condition of the site, RMC 4-4-130(D)(3) would preclude development of the property, unless a variance is granted to allow vegetation clearing/tree removal. Therefore, SPU is requesting an administrative variance to conducted limited vegetation clearing including 3,733 SF of temporary vegetation removal and the removal of one tree within a Shoreline of the State. This is the minimum amount of vegetation/tree removal necessary to accommodate the proposed improvements. The limited scale of proposed vegetation/tree disturbance would ensure that there are no detrimental impacts to the public’s welfare of adjacent shoreline properties. Tree removal would be mitigated on site at a ratio of 2:1, and areas of temporary vegetation removal would be replanted with native vegetation. Compensatory mitigation will be provided for additional permanent impacts to the riparian buffer to ensure no net loss of ecological function. Cedar River Sockeye Hatchery Broodstock Collection Facility Replacement Project August 2020 Land Use Permit Application Page 4-1 4.0 Conclusion As demonstrated in this narrative and the other materials that together comprise the application package, the proposed BCF replacement project is compliant with applicable provisions of Renton’s codified SMP and RMC. The project seeks to improve an existing facility that was approved by the City of Renton in 2008. Seattle Public Utilities respectfully requests approval of the requested Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, Conditional Use Permit, and Administrative Variance.