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HomeMy WebLinkAboutWetland & Stream Letter PRE12-033November 9, 2012 Tara Tumber Hunny Construction Inc. 10050 Rainier Avenue South Seattle, WA 98178 SUBJECT: SIKH TEMPLE SIDEWALK EXTENSION PRE12-033 and City of Renton Permit U120108 5218 Talbot Road South Dear Mr. Tumber: On October 18, 2012 you submitted the “Sikh Temple Wetland Mitigation Concept and Planting Plan”, prepared by Sewall Wetland Consulting, Inc. in October 2012. That document does not delineate the onsite stream course and its buffer area discussed in the “Draft Sikh Temple City of Renton Critical Areas Report & Supplemental Stream Study” prepared by Sewall Wetland Consulting, Inc., dated September 18, 2012. In addition, it does not delineate the 50-foot wetland buffer required of Category 2 wetlands nor the Class 4 stream course and it’s buffer. Furthermore, the “Sikh Temple Wetland Mitigation Concept and Planting Plan” identifies a “Buffer Area Seed Mix”, however, because there is no buffer area identified and because the area which would fall within the buffer area is hard-packed gravel, it is unclear where and how this seed mix would be planted. The plan does not include a split rail fence and signage detail for protection of the wetland and its buffer area. This information is necessary for review and approval prior to the Stop Work Order to be released for this project (U120108). Once the revised stream and wetland delineation/report and mitigation plan have been reviewed and approved by the City, the following steps are necessary for work to continue on this project. Step 1: In order to authorize work in a critical area/buffer, we will need a Maintenance and Monitoring Surety. Pursuant to RMC 4-1-230C, acceptable sureties are: Cash; or Letter of credit; or Set aside letter; provided the funds cannot be withdrawn, spent, or committed to any third party; or Savings account assigned to the City and blocked as to withdrawal by secured party without the City’s approval. In order to provide you with the amount of surety necessary for maintenance and monitoring of wetland mitigation plantings, signage, and fencing, we will need a copy of the signed, City approved maintenance and monitoring contract for this work. Based on the final contract, we will be able to provide you with the required surety device amount (125% of the contract amount). Contract Requirements for the Maintenance and Monitoring Surety:  RMC 4-3-050G2 requires that, "for wetland and/or stream/lake mitigation plans, the [maintenance and monitoring] surety device shall be sufficient to guarantee that structures, improvements, and mitigation required by permit condition perform satisfactorily for a minimum of five (5) years after they have been completed."  Please provide a draft (followed by a final) maintenance and monitoring contract (or contracts) for our review and approval prior to execution of the contract.  The draft contract language must ensure compliance with both the performance standards of the approved mitigation and monitoring plan and the general requirements of the maintenance and monitoring standards of the Renton Municipal Code.  In order to approve your draft maintenance and monitoring contract, we will need to determine that the scope of the contract clearly covers the cost of plant maintenance and replacement as well.  The language in the contract must also guarantee that "structures, improvements, and mitigation perform satisfactorily for a period of 5 years" per RMC 4-3-050G2 (e.g. add provisions for plant replacement and weed removal referencing compliance with the survival rates noted in the final approved wetland mitigation plan). The contract must include quarterly monitoring reports for the first year and annual reports thereafter.  The draft contract must be followed up with a final signed contract once the City approves the draft version. Step 2: The release of the Stop Work Order must be requested in writing. Step 3: Install/perform the mitigation work as specified in the approved plans. Step 4: RMC 4-3-050E.4.c and d require the establishment of a Native Growth Protection Area; please provide draft language for review and approval by the City prior to legally establishing the required tract or easement has been legally established. After City approval, please provide written confirmation that the tract or easement has been legally established. The date of receipt of that confirmation will constitute the beginning of the minimum five-year maintenance and monitoring period. RMC 4-8-120D.23.vii states that the project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than 5 years. Please note that in addition to the information previously described, an approved Traffic Control Plan and an approved Permit Bond must be in place prior to conducting any work in the public right-of-way. Please contact me at (425) 430-7382 or gwasser@rentonwa.gov if you have any questions. Sincerely, Gerald C. Wasser Associate Planner cc: Derek Sinclair, Guidant Ed Sewall, Sewall Wetland Consulting, Inc. Kayren Kittrick, Development Engineering Supervisor Jennifer Henning, Current Planning Manager Jan Illian, Plan Reviewer Donna Locher, Lead Code Compliance