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Re: Parcel # 162305 9003
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NOTICE OF APPLICATION
AND PROPOSED DETERMINATION OF NON
SIGNIFICANCE (DNS)
DATE: May 31,2000
LAND USE NUMBER: LUA-00-064,SP,ECF
APPLICATION NAME: BALCH PIT GRADE&FILL
PROJECT DESCRIPTION: The applicant, Segale Business Park, is requesting Environmental (SEPA) Review and
Hearing Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of
fill into an existing sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982,
becoming an upland fill and reclamation site in 1982. The previous approval to conduct fill and reclamation on the site
expired in February of 1998. The proposed fill activity,which would complete the restoration of the site,would require an
Annual Grading License each year for the length of the proposed activity.
PROJECT LOCATION: 301 Monroe Avenue NE(Between Jefferson Avenue NE and Monroe Avenue NE,
south of NE 4th Street)
OPTIONAL DETERMINATION OF NON-SIGNIFICANCE(DNS): As the Lead Agency,the City of Renton has determined
that significant environmental impacts are unlikely to result from the proposed project. Therefore,as permitted under the
RCW:43.21C.110,the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued.
Comment periods'for the project and the proposed DNS are integrated into a single comment period. There will be no
comment period following the issuance of the Threshold Determination of Non-Significance Mitigated(DNS). A 14-day
appeal period will follow the issuance of the DNS.
PERMIT APPLICATION DATE: May 23,2000
NOTICE OF COMPLETE APPLICATION: May 31,2000
Permits/Review Requested: Environmental(SEPA)Review,Hearing Examiner Grade and Fill Permit
Other Permits which may be required: Annual Grading License
Location where application may
be reviewed: Planning/Building/Public Works Division,Development Services Department,
1055 South Grady Way,Renton,WA 98055
PUBLIC HEARING: Public hearing scheduled for July 18,2000 before the Renton Hearing Examiner
in Renton Council Chambers. Hearings begin at 9:00 AM on the 7th floor of the
new Renton City Hall located at 1055 Grady Way South. .
CONSISTENCY OVERVIEW: .
Land Use: The subject site is designated Residential Options(RO)on the City of Renton's
Comprehensive Plan Land Use Map and Residential—10 Dwelling Units per Acre
(R-10)on the City's Zoning Map. The proposed fill activities are associated with
the restoration of the site and are not in conjunction with a proposed development
proposal. Therefore,the project is consistent with both the RO and R-10
designations.
Environmental Documents that
Evaluate the Proposed Project: • None known.
Development Regulations .•. ..
Used For Project Mitigation:. . . The project will be subject to the.City's SEPA Ordinance,Zoning Code,Public
Works Standards,Uniform Building Code,-Uniform Fire Code and other
• - : applicable codes and regulations as appropriate..
•
Comments on the above application must be submitted in writing to Steven Taylor,Project Manager,Development
Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on June 14,2000. This matter is also
scheduled for a public hearing on July 18,2000,at 9:00 AM,Council Chambers,Seventh Floor,Renton City Hall,1055
South Grady Way,Renton. If you are interested in attending the hearing,please contact the Development Services
Division,(425)430-7282,to ensure that the hearing has not been rescheduled. If comments cannot be submitted in
writing by the date indicated above,you may still appear at.the hearing and present your comments on the proposal before
the Hearing Examiner. If you have questions about this proposal,or wish to be made a party of record and receive
additional information by mail,please contact the project manager. Anyone who submits written comments will
automatically become a party of record and will be notified of any decision on this project.
CONTACT PERSON: STEVEN TAYLOR (425)430-7219
PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION
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TheEast half of the northeeat quarter of the northwest quarter 1. AREA OF PROPERTY-628,574 S.F. II �� rROUEf.T NO.
GRAPHIC SCALE of Section 15.Township 23 North,Range 5 East,W.Y., 2, AREA OF WORK- 825,574 S.F.
EXCEPT the North 330 feet;and EXCEPT the East 30 feet for I,
right-of-way. 9. FILL TO BE PLACED-I,000,000 C.Y.(+/-1,500.000 T.) , eewsox NO.
o m n MO ,x y, 4. Fill to be limited to clean dirt,soil,sand,gravel,and
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Situate in the City of Renton,County of King,State of Washington.
other coucr clean ellor telu provided that rock end ly(r SEEM NO.
i 1311117 I SUBJECTditorTO: No 7 for d eaeemeut Lae recorded under broken concrete smaller then p inches la dfemeter end ,,
Auditor File No.2571770end o. 34253 for transmission Lae
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ELEVATION 325.00 9JU c D:
LIMIT OF PERMIT I i / APPROVED:
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Re: Parcel # 162305 9003 Re: Parcel # 162305 9052 Re: Parcel # 162305 9058
500 - 4th Ave 14631 N. Scottsdale Rd P.O. Box 29046
Seattle, WA 98104 Scottsdale, AZ 85254 Phoenix, AZ 85038
SCI Management Corp. Faskco Inc. Kenneth & Donna Harms
Re: Parcel # 162305 9079 Re: Parcel # 162305 9111 Re: Parcel # 162305 9112
1929 Allen Pkwy 3205 NE 4th St 3205 NE 4th St
Houston, TX 77019 Renton, WA 98056 Renton, WA 98056
Halle von Vougtlander King County King County
Re: Parcel # 162305 9128 Re: Parcel # 162305 9130 Re: Parcel # 162305 9133
14631 N. Scottsdale Rd 500 - 4th Ave 500 KC Admin Bldg#A
Scottsdale, AZ 85254 Seattle, WA 98104 Seattle, WA 98104
City of Renton City of Renton
Re: Parcel # 162305 9134 Re: Parcel # 162305 9135
200 Mill Ave So. 500 4th Ave., #500
Renton, WA 98055 Seattle, WA 98104
M 'amen 99086 'uoluea
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- CITY 3F'RENTON:
Hearing.Examiner
Jesse Tanner;Mayor Fred J.Kaufman
August 22, 2000
Mark Hancock
Segale Business Park
P.O. Box 88028
Tukwila, WA 98138
Re: UPPER BALCH PIT GRADE&FILL PERMIT -
FILE No. LUA00064,SP
Dear Mr. Hancock: :;::..;.:: • : .
The Examiner's Report and Decision on the-above referenced matter, which was issued
on.July 31, 2000, was not appealed within the 14-day period established by ordinance.
Therefore,this matter is Considered fmal by this office and the fileon your application is
being transmitted to the-City Clerk as of this date:"
Please feel free to contact this office_if further assistance or information is required.
Sincerely,
Fred J. Kaufman
Hearing Examiner - •
FJK/mm
cc: Steve Taylor
Sandi Seeger,Development Services
1055 South Grady Way-,Renton,Washington 98055 - (425)430-6515
AFFIDAVIT OF SERVICE BY MAILING
STATE OF WASHINGTON )
ss.
County of King )
MARILYN MOSES , being first duly sworn, upon oath,
deposes and states:
That on the 31st day of July ,2000, affiant deposited in the mail of the
United States a sealed envelope(s) containing a decision or recommendation with postage
prepaid, addressed to the parties of record in the below entitled application or petition.
Signature: CRC
IAA GV�
010-0-0
SUBSCRIBED AND SWORN to before me this 53' day of . / ,4499:
or)
Notary Pub c ' d for the State of Washington,
residing at ,therein.
Application, Petition, or Case No.: Upper Balch Pit Fill & Grade Permit
LUA00-064,SP
The Decision or Recommendation contains a complete list of the Parties of Record.
F UeAl era)
CIT1F RENT ON
..LL Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator
July 18, 2000
Mr. Mark Hancock
La Pianta LLC
Segale Business Park
PO Box 88028
Tukwila, WA 98138
SUBJECT: Upper Balch Pit Grade & Fill
Project No. LUA-00-064,SP,ECF
Dear Mr. Hancock:
This letter is to inform you that the comment and appeal periods have ended for the Environmental
Review Committee's (ERC) Determination of Non-Significance for the above-referenced project.
No appeals were filed on the ERC determination.
A Public Hearing was held by the Renton Hearing Examiner at his regular meeting in the Council
Chambers on the seventh floor of City Hall, on July 18, 2000, consider the Special Grade & Fill Permit.
The Hearing Examiner Report and Decision will be issued under separate cover.
If you have any questions or desire clarification of the above, please call me at(425)430-7219.
For the Environmental Review Committee,
NivA. 4‘77
Steve Taylor
Project Manager
final
1055 South Grady Way-Renton, Washington 98055
•
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.. -. i; >::;CliFtl :;::NT I€ANN ��E>1f.'#�7f';..;;:' .:;";< ;' ?? Y:;iiii�;;»<:%>i:`:'; i'. ":i2 i a?i+y�i�2%::'::i -
..............................................................................................................................................................................................................................................................................:..:::
. On the I'l=• -day.of ,_2000, Ideposited in the mails.of the United States,..a sealed
envelope containing-kepoy# -6 -H-eavi 0...raum'w-vdocuments. This informationrwas sent to:
Name Representing
nALLI lAP
(Signature of Sender) So..lAd-A-u. K--
STATE OF WASHINGTON )
• ) SS
COUNTY OF KING )
I certify that I know or have satisfactory evidence that signed this
instrument and acknowledged it to be his/her/their free and voluntary act for fire uses and purposes .
mentioned in the instrument.
.
MARI. N ICHEFF Notary Public i and for the State of ashington
NO ARY PUBLIC Notary (Print) MARILYN KAMCHEFF
STATE ISO IONWA EXPIRESTON
My appointme > NTMENT EXPIRES:8-29.03
COMMISSION EXPIRES
JUNE 29, 2003
• Project Name: U pp 130,l cv, P;f FI I
Project Number: LUPS ®O o OCR ASP
NOTARY2.DOC
•
.NOT1I101
• ENVIRONMENTAL DETERMINATION
POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION
PROJECT NAME: UPPER BALCH PIT GRADE&FILL
PROJECT NUMBER: LUA-0D-064,SP,ECF
The applicant,"Segale Business Park,Is requesting Environmental(SEPA)Review and Hearing Examiner
approval of a Grade and Fill permit.The proposal Includes the importing of one million cubic yards of fill Into an
existing sand/gravel pit over a period of ten-years.The Upper Balch Pit was permitted from 1962 to 1982,
becoming an upland fill and reclamation site In 1982.Filling activity was allowed under SP-032-82,SP-033-87 and
SP-92.174.The most recent approval to conduct fill and reclamation on the site expired in February of 1998.The
applicant Is requesting permit approval for a period of 10 years(past permits have been limited to 5 years). The
applicant is also seeking approval to work on Saturdays.The hours of operation would remain from 8:30 a.m.to
3:30 p.m. The proposed fill activity,which would complete the restoration o1 the site,would require an Annual
Grading License each year for the length of the proposed activity.Location:301 Monroe Ave.NE.
THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED
THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE
ENVIRONMENT.
•
Appeals of the environmental determination must be filed In writing on or before 5:00 PM,July 17,2000.Appeals
must be filed In writing together with the required$75.00 application fee with:Hearing Examiner,City of Renton,
1055 South Grady Way,Renton,WA 98055.Appeals to the Examiner are governed by City of Renton Municipal
Code Section 4.8-11g. Additional Information regarding the appeal process may be obtained from the Renton
City Clerk's Office,(425)-430-6510.
A Public Hearing will be hold by the Renton Hearing Examiner at his regular meeting In the Council Chambers on
the seventh floor of City Hall,on July 18.2000 at 9:00 AM to consider the Spacial Grade 8.Flit Permit. If the
Environmental Determination Is appealed,the appeal will be heard as part of this public hearing. •
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FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT
SERVICES DIVISION AT(425)430-7200.
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
Please include the project NUMBER when calling for proper file Identification.
•
CERTIFICATION
� -
I, finctVI✓t 6-1r > , hereby certify that 7 copies of the above
document were posted by me,in 3 conspicuous places on or nearby
the described property on . "T 'WOQ • •
Signed:
ATTEST: Subcribed and sworn before me,a Nortary Public,in and f the State of
Washington residing(m- ,on the 2 Lj`n day of 7—F-s.-c.
MARILYN VICHEFF ri
N®TARP" PUBLIC
STATE OF WASHINGTON
MARILYN KAMCHEFF ' COMMISSION EXPIRES
MY APPOINTMENT EXPIRES:6-29-03 JUNE 29, 2003
AFFIDAVIT OF PUBLICATION
Charlotte Ann Kassens, first duly sworn on oath states that he/she is the Legal
Clerk of the
SOUTH COUNTY JOURNAL
600 S. Washington Avenue, Kent, Washington 98032 —
NOTICE OF ENVIRONMENTAL
DETERMINATION
a daily newspaper published seven (7) times a week. Said newspaper is a legal ENVIRONMENTAL REVIEW COMI' ITTEE
newspaper of general publication and is now and has been for more than six RENTON,WASHINGTON
months prior to the date of publication, referred to, printed and published in the The Environmental Review Committee
has issued a Determination of Non-
English language continually as a daily newspaper in Kent, King County, Significance for the following project under
Washington. The South County Journal has been approved as a legal the authority of the Renton Municipal
newspaper by order of the Superior Court of the State of Washington for King Code.
UPPER BALCH PIT GRADE&FILL
County. LUA-00-064,SP,ECF
The notice in the exact form attached, was published in the South Environmental review for grade and fill
permit for importing of one million cubic
County Journal (and not in supplemental form) which was regularly distributed to yards of fill to existing sand/gravel pit over
the subscribers during the below stated period. The annexed notice, a a period of 10 years. Location: 301
Monroe Ave.NE.
Upper Balch Pit Grade & Fill Appeals of the environmental determina-
tion must be filed in writing on or before
5:00 PM,July 17, 2000. Appeals must be
as published on: 7/3/00 filed in writing together with the required
$75.00 application fee with: Hearing
The full amount of the fee charged for said foregoing publication is the sum of Examiner, City of Renton, 1055 South
Grady Way, Renton, WA 98055. Appeals
$51.75, charged to Acct. No. 8051067. to the Examiner are governed by City of
Renton Municipal Code Section 4-8-11B.
Legal Number 7917 Additional information regarding the appeal
Vi process may be obtained from the Renton
City Clerk's Office,(425)-430-6510.
A Public Hearing will be held by the
Renton Hearing Examiner at his regular
meeting in the Council Chambers on the
j\.__ seventh floor of City Hall,on July 18, 2000
ega rk, o h County Journal at 9:00 AM to consider the grade and fill
Subscribed and sworn before me on thist)-fl day of 9
permit. If the Environmental Determination
is appealed, the appeal will be heard as
part of this public hearing.
' , 2000 Published in the South County Journal
July 3,2000.7917
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HEARING EXAMINER'S REPORT
July 31, 2000
OFFICE OF THE HEARING EXAMINER
CITY OF RENTON
REPORT AND DECISION
APPLICANT: Segale Business Park
Upper Balch Pit Fill&Grade Permit
File No.: LUA00-064,SP
LOCATION: 301 Monroe Avenue NE
SUMMARY OF REQUEST: To allow continued filling of an existing borrow pit.
SUMMARY OF ACTION: Development Services Recommendation: Approve with
conditions
DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the
Examiner on July 11, 2000
PUBLIC HEARING: After reviewing the Development Services Report, examining
available information on file with the application, field
checking the property and surrounding area;the Examiner
conducted a public hearing on the subject as follows:
MINUTES
The following minutes are a summary of the July 18,2000 hearing.
The legal record is recorded on tape.
The hearing opened on Tuesday,July 18,2000, at 9:00 a.m. in the Council Chambers on the seventh floor of the
Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Exhibit No. 1: Yellow file containing the original Exhibit No.2: Vicinity map
application,proof of posting,proof of publication and
other documentation pertinent to this request.
Exhibit No.3: Site plan Exhibit No. 4: Site profiles
The hearing opened with a presentation of the staff report by STEVE TAYLOR,Project Manager,Development
Services, City of Renton, 1055 S Grady Way,Renton, Washington 98055. The applicant requests a special
permit for fill and grade of the Upper Balch Pit. This was a borrow pit from 1960 to 1982 and after 1982 it
became an upland fill and reclamation site. Over a ten-year period of time the applicant is proposing to fill the
pit with approximately one million cubic yards of non-putrescible materials as specified under City Code. The
site is located just off NE 4th and is surrounded by a small commercial strip, Greenwood Cemetery, City and
County Shops, and a transfer station for King County. The site is surrounded on the west,north and east sides
with a slatted 8-foot tall chain link fence.
Segale Business Park -
Upper Balch Pit Fill&Grade Permit
File No.: LUA00-064,SP
July 31,2000
Page 2
The Environmental Review Committee(ERC)issued a Determination of Non-Significance(DNS). Two
environmental issues were examined regarding ponding in the bottom of the pit and steep slopes. As the pit has
been filled,material that does not drain well has gone into the pit and what once was water going quickly
through the gravel now starts to pond there. It was reviewed in light of the new Critical Areas Ordinance and
found that it was a non-regulated wetland. The second environmental issue was the steep slopes on site and a
modification to the Critical Areas Ordinance was approved on July 10,2000.
The Comprehensive Plan(CP)designation for the site is Residential Options and the underlying zone is R-10.
There have been three prior fill and grade permits over the last 15 years, and it will most likely be quite some
time before the site is developable.
The haul route to the site will be off NE 4th onto Jefferson Avenue NE. The trucks loop around on the haul road
in the bottom of the pit. The applicant requests that they also have the option during large haul events to utilize
a gate that exists off the Monroe Avenue NE side. Because of the estimated truck trips per year,there was
concern regarding wear and tear on the roadways,particularly Jefferson Avenue. King County Solid Waste
Division actually maintains Jefferson Avenue because of the transfer station location, and the applicant has a
signed agreement with them for shared maintenance of that roadway. Staff would recommend that the trips be
limited to 210 per day, six days per week. The applicant has requested and received an extension for hauling
operations to include Saturdays, subject to approval of this permit. The potential for dirt to be tracked onto
adjacent City streets, especially during the later stages of the fill and grade activity,resulted in the applicant
providing a$3,000 bond for street cleaning and establishing a wheel-washing facility if the City determines it to
be necessary.
The applicant has requested a ten year period for this permit. The recent critical areas ordinance and aquifer
protection code assure adequate monitoring,and staff recommends that the extension be allowed. The applicant
is required to annually obtain a grading license and the City could attach conditions to that license if there were
problems. The applicant is also required to submit a reclamation plan when the elevation of the fill reaches an
average of 325 feet. The various aspects of this plan were explained.
Staff recommends approval of the special grade and fill permit, subject to the following conditions: (1)the
permit shall expire upon reaching an average fill level of 325 feet or 10 years;(2)the number of trucks
accessing the site is limited to a maximum of 210 trips per day; (3)prior to filling the area of the paved on-site
roadway,the asphalt road must be removed from the site to an approved construction and demolition waste
landfill; (4)if the Development Services Division determines it to be necessary,the applicant shall establish a
wheel-washing facility for the trucks at the exit from the project site;(5)the applicant shall provide a$3,000
bond for the purpose of street cleaning;(6)applicant shall maintain the chain link fence with wooden slats along
the site perimeter while the permit is in effect; (7)the applicant shall ensure all gates are locked at the end of
each working day and on weekends; and(8)the permit shall be valid for ten years.
Mark Hancock, Segale Business Park,P.O.Box 88028,Tukwila,Washington 98138, applicant representative
herein, concurred with the staff recommendations. He further discussed the 325 foot level and the drop-off from
the Monroe Avenue NE side
Mark Segale, Segale Business Park,P.O.Box 88028,Tukwila,Washington 98138, applicant representative
herein,addressed the standing water issue. He also clarified that the hours of operation were limited to the
hauling portion only,but not the grading on the site.
Neil Watts,Plan Review Supervisor,Development Services Division, City of Renton, 1055 S Grady Way,
Renton,Washington 98055,testified that if there are problems with the Saturday hauling operation,the Renton
Segale Business Park
Upper Balch Pit Fill& Grade Permit
File No.: LUA00-064,SP
July 31,2000
Page 3
Police Department would be available to help with code enforcement. He also testified regarding the prior fill
and grade activity to this site and the drainage to this site.
The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and
no further comments from staff. The hearing closed at 9:50 a.m.
FINDINGS, CONCLUSIONS&DECISION
Having reviewed the record in this matter,the Examiner now makes and enters the following:
FINDINGS:
1. The applicant, Segale Business Park,filed a request for approval of a fill and grade permit to fill a
borrow pit.
2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation
and other pertinent materials was entered into the record as Exhibit#1.
3. The Environmental Review Committee(ERC),the City's responsible official, issued a Declaration of
Non-Significance-Mitigated(DNS-M)for the subject proposal.
4. The subject proposal was reviewed by all departments with an interest in the matter.
5. The subject site is located at 301 Monroe Avenue NE. The subject site is located on the majority of the
south portion of the block bounded by NE 4th Street on the north,Monroe Avenue NE on the east,NE
2nd Street on the south and Jefferson Avenue NE on the west. There is a tier of commercial
development located along NE 4th with the existing pit located immediately south of the commercial
uses.
6. The parcel is approximately 14.4 acres. The parcel is approximately 633 feet wide(east to west)and
993 feet long.
7. The subject site was annexed to the City with the adoption of Ordinance 2249 in June 1966.
8. The subject site is zoned R-10(Residential Options-Multiple Family). The zoning designation was
adopted in June 1993 with the passage of Ordinance 4404.
9. The map element of the Comprehensive Plan designates the area in which the subject site is located as
suitable for the development of residential options,but does not mandate such development without
consideration of other policies of the Plan.
10. The subject site was used as a borrow pit or gravel quarry. The extraction occurred over a number of
decades. The applicant has been refilling the subject site since 1982. A number of Special Permits for
these operations were approved for five(5)year intervals allowing materials to be imported to the site.
Ultimately the applicant will reuse the site for appropriate uses when the site is level with the
surrounding terrain.
Segale Business Park
Upper Balch Pit Fill&Grade Permit
File No.: LUA00-064,SP
July 31,2000
Page 4
11. The existing pit varies in depth to approximately 60 feet at its deepest. An asphalt road curves down
into the site. The subject site is surrounded by a chain link fence and slats provide screening on the east,
north and west from the surrounding streets.
12. Natural water accumulations and vegetation have created small wetland areas on the bottom of the pit.
These ponded areas are considered unregulated wetlands by the Army Corps.
13. The applicant proposes importing approximately one million(1,000,000)cubic yards of material to
refill the site and prepare it for some kind of eventual development. Materials for importation are
restricted by Code. The materials will be inert,non-putrescible material including clean dirt, soil, sands
and gravel as well as concrete debris less than 8 inches in diameter and minor amounts of organic
matter.
14. If the materials were imported at a steady rate over ten years,there would be 200,000 vehicle trips total
or approximately 10,000 round trips per year. The applicant proposes 6(six)day operation and staff has
reviewed this and fmds it acceptable. Operations are limited to the hours between 8:30 a.m. and 3:30
p.m.to avoid interfering with peak hour traffic. The prior permit limited the total number of daily trip
ends to 210 trips which equates to one trip every two minutes and staff recommended this condition
again be adopted.
15. The applicant has also proposed an alternate access from Monroe. This would require altering the
access driveway and securing what is a steeper pit side from public access.
16. The applicant has entered into an agreement with King County to maintain the surface of Jefferson since
both the applicant and King County's transfer station use heavy trucks which can damage or exacerbate
wear.
17. Currently as trucks leave the pit they drive on the asphalt road back up to the surface streets. Debris
usually drops off during this exit maneuver. Staff notes that as the pit is filled there will be a shorter
exit road and debris may be deposited on City streets. Staff recommends that a street cleaning bond of
$3,000.00 be maintained.
18. Staff also noted that asphalt,the material the exit road is constructed of, is not permitted as fill material
in the pit since it sits in Aquifer Protection Area 2. The road will have to be slowly dismantled and
removed to an appropriate location as permitted materials are deposited at the bottom of the pit. The
road cannot simply be buried by new fill materials.
19. In order to appropriately complete the filling of the pit and allow eventual reuse of the site, staff has
recommended that from now on no fill materials be allowed to exceed 325 feet elevation. The
surrounding terrain is approximately 330 to 345 feet in elevation. Thereafter,the applicant will have to
submit a reclamation or closure plan. This plan would assure that the site would be brought up to
surface elevation in a stable state so that the land can suitably support redevelopment. Staff
recommended that such plan be submitted within 30 days after any portion of the site reaches that
elevation.
20. Currently,the City uses the site to dispose of excess storm water with permission of the site's owner.
The agreement, in effect since 1996,allows storm water from Monroe to flow into the site from an 18
inch pipe. The agreement runs until May 2006 and may be extended. As the fill reaches a certain level
this might affect the storm water discharge and the City would have to solve its problems with storm
Segale Business Park -
Upper Balch Pit Fill&Grade Permit
File No.: LUA00-064,SP
July 31,2000
Page 5
water in some other fashion. The water that enters the site flows out the sides of the site through the
permeable gravel walls. There was no discussion of the quality or possible contamination of the storm
water.
CONCLUSIONS:
1. The proposed fill and grade appears to serve the public use and interest. Refilling the site not only helps
reclaim the site for eventual redevelopment,but a disposal site is provided which allows other
construction to continue from which excess soils and other clean material are produced.
2. The large pit has an approximately million cubic yard capacity. Filling the site will take approximately
ten years. The applicant has requested that the permit be issued for ten years as opposed to the five year
permits that have been issued in the past. This appears reasonable. The code has changed and the
record of fill materials shows that the site has been appropriately used. But unforeseen circumstances
might arise which might require a change in the permit or its working conditions. Therefore,the permit
shall be issued for ten years,but six(6)months prior to the five(5)year anniversary,the applicant shall
ask the City to review the permit and existing circumstances. The City may administratively alter
conditions and shall in its sole discretion limit aspects of the permit including hours of operation, days
of operation or otherwise curtail certain activities. The City shall not have any discretion or ability to
relax any conditions or lengthen the hours or days of operation. If the applicant believes such further
limitations are improper they may instead opt to apply for a new Special Permit.
3. In order to allow for an orderly closure and completion of the fill,the City has specified that no
additional materials may be placed above elevation 325 feet until a formal closure plan for providing a
safe, stable surface layer is submitted to the City. Clearly,the site should be filled in a somewhat
consistent fashion attempting to keep the new fill materials balanced and level across the site as the site
fills so that the closure plan would be applicable over the entire site and be achievable in a reasonable
timeframe.
4. The applicant has suggested possibly using Monroe for access to or from the subject site. If Monroe is
to be used, staff must review and approve all aspects of the permit to assure that the access is safe for
both the operation and the passing public.
5. The City shall provide assurances that storm water from Monroe meet appropriate water quality
standards.
6. In conclusion,the continued reclamation of the subject site appears appropriate given the conditions
imposed to keep the operation safe and clean.
DECISION:
The Special Permit to fill and grade the subject site is approved subject to the following conditions:
1. Upon reaching a fill level of 325 feet or 10 years,this special permit shall expire. The applicant shall
grade a level site,hydroseed, and submit for a new fill and grade permit for the final reclamation of the
site.
Segale Business Park -
Upper Balch Pit Fill& Grade Permit
File No.: LUA00-064,SP
July 31,2000
Page 6
2. The applicant shall limit the number of trucks accessing the project site to a maximum of 210 trip ends
(trucking imported material to the site)per day in order to avoid adverse impacts to the flow of traffic
on NE 4th Street.
3. Prior to filling the area of the paved on-site roadway,the asphalt road must be removed from the site to
an approved construction and demolition waste landfill. Documentation of proper disposal shall be
submitted to the Development Services Division within 30 days of removal.
4. The applicant shall be responsible for establishing a wheel-washing facility for the trucks at the exit
from the project site if Development Services Division, in its sole discretion, determines such a facility
is necessary. Development Services, in its sole discretion,may curtail importation of materials during
construction of the facility.
5. At the time of annual grading license approval,the applicant shall provide a renewable cash bond, or
other instrument acceptable to the City Attorney, in the amount of$3,000 for the purpose of street
cleaning in the event the applicant fails to clean the streets of debris from the filling operations.
6. While the special permit is in effect,the applicant shall be responsible for the maintenance of the chain
link fence with wooden slats along the site perimeter for the purpose of screening and safety.
7. The applicant shall ensure that all gates are locked at the end of each working day and on weekends.
8. This permit shall be valid for a maximum of 10 years from the date of approval. The City reserves the
right to revoke this permit if, in the sole opinion of the City of Renton,the applicant is found to be out
of compliance with any of the conditions of approval.
9. The permit shall be issued for 10 years, but six(6)months prior to the five(5)year anniversary,the
applicant shall ask the City to review the permit and existing circumstances. The City may
administrativatively alter conditions, and shall in its sole discretion limit aspects of the permit including
hours of operation, days of operation, or otherwise curtail certain activities. The City shall not have any
discretion or ability to relax any conditions or lengthen the hours or days of operation. If the applicant
believes such further limitations are improper they may instead opt to apply for a new Special Permit.
10. If the applicant uses Monroe Avenue,then a bond for road maintenance may be required in the City's
sole discretion.
11. The City shall provide assurances that storm water from Monroe meet appropriate water quality
standards.
ORDERED THIS 31st day of July,2000.
LoLuy\\rr_4
FRED J. KAUFM
HEARING EXA ER
Segale Business Park -
Upper Balch Pit Fill& Grade Permit
File No.: LUA00-064,SP
July 31,2000
Page 7
TRANSMITTED THIS 31 st day of July,2000 to the parties of record:
Steve Taylor Mark Hancock Mark Segale
1055 S Grady Way P.O. Box 88028 P.O.Box 88028
Renton, WA 98055 Tukwila, WA 98138 Tukwila, WA 98138
TRANSMITTED THIS 31st day of July,2000 to the following:
Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Admin.
Members,Renton Planning Commission Jana Hanson,Development Services Director
Chuck Duffy,Fire Marshal Sue Carlson,Econ. Dev. Administrator
Lawrence J. Warren, City Attorney Larry Meckling,Building Official
Transportation Systems Division Jay Covington, Chief Administrative Officer
Utilities System Division Councilperson Kathy Keolker-Wheeler
South County Journal Betty Nokes,Economic Development Director
Pursuant to Title IV, Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in
writing on or before 5:00 p.m.,August 10,2000. Any aggrieved person feeling that the decision of the
Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the
discovery of new evidence which could not be reasonably available at the prior hearing may make a written
request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This
request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may,
after review of the record,take further action as he deems proper.
An appeal to the City Council is governed by Title IV,Chapter 8, Section 16,which requires that such appeal be
filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies
of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall.
If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the
executed Covenants will be required prior to approval by City Council or final processing of the file. You
may contact this office for information on formatting covenants.
The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur
concerning pending land use decisions. This means that parties to a land use decision may not communicate in
private with any decision-maker concerning the proposal. Decision-makers in the land use process include both
the Hearing Examiner and members of the City Council.
All communications concerning the proposal must be made in public. This public communication permits all
interested parties to know the contents of the communication and would allow them to openly rebut the
evidence. Any violation of this doctrine would result in the invalidation of the request by the Court.
The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as
well as Appeals to the City Council.
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CITY OF RENTON
HEARING EXAMINER
PUBLIC HEARING
• JULY 18, 2000
AGENDA.
COMMENCING AT 9:00 AM,
COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL
The application(s) listed are in order of application number only and not necessarily the order in which they will be heard.
Items will be called for hearing at the discretion of the Hearing Examiner.
PROJECT NAME: Balch Pit Grade& Fill
PROJECT NUMBER: LUA-00-064,SP,ECF
PROJECT DESCRIPTION: The applicant, Segale Business Park, is seeking approval of a Special Fill
and Grade Permit to allow the continued filling of an existing borrow pit. It is estimated that the subject
site will accommodate approximately one million (1,000,000) cubic yards of material. The applicant
intends to continue to fill the site with inert, non-putrescible materials allowed under preceding Special
Permits such as clean dirt, soils, sand and gravel, and other similar clean materials, including rock and
broken concrete (not asphalt concrete)smaller than 8" in diameter and minor amounts of organic material.
The applicant is requesting that the permit be approved for a ten-year period. The requested hours of
operation are from 8:30 a.m.to 3:30 p.m. Monday—Saturday. Location: 301 Monroe Avenue NE
(Between Jefferson and Monroe Avenues NE, south of NE 4 h Street).
hexagenda
City of Renton
PUBLIC Department of Planning/Building/Public Works
HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER
A. SUMMARY AND PURPOSE OF REQUEST:
Public Hearing Date: July 18, 2000
Project Name: Upper Balch Pit, Fill & Grade Permit
Applicant/ Segale Business Park
Address: Attn: Mark Hancock
PO Box 88028
Tukwila, WA 98138
Owner/ La Pianta L.L.C.
Address: PO Box 88028
Tukwila, WA 98138
File Number: LUA-00-064, SP, ECF Project Manager: Steve Taylor
Project Description: The applicant, Segale Business Park, is seeking approval of a Speci-I Fill and Grade
Permit to allow the continued filling of an existing borrow pit. It is esti ated that the
subject site will accommodate approximately one million (1,000,000) ubic yards of
material. The applicant intends to continue to fill the site with inert, n ln-putrescible
materials allowed under preceding Special Permits such as clean di soils, sand and
gravel, and other similar clean materials, including rock and broken concrete (not
asphalt concrete)smaller than 8" in diameter and minor amounts of •rganic material.
The applicant is requesting that the permit be approved for a ten-yea period. The
requested hours of operation are from 8:30 a.m. to 3:30 p.m. Monda) -Saturday.
Project Location: 301 Monroe Avenue NE(Between Jefferson and Monroe Avenues N , south of NE
4th Street)
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City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner
UPPER BALCH PIT FILL 8,GRADE LUA-00-064,SP,ECF
PUBLIC HEARING DATE:July 18, 2000 Page 2 of 7
B. GENERAL INFORMATION:
1. Owner of Record: La Pianta L.L.C.
2. Zoning Designation: Residential (R-10)
3. Comprehensive Plan Residential Options
Land Use Designation:
4. Existing Site Use: Reclamation Site
5. Neighborhood Characteristics:
North: McDonalds, Chevron Station, Renton Collision Center, Discount Tires,
(CA zoning)
East: Greenwood Cemetery(R-8 zoning)
South: King County Public Works Shops (IL zoning)
West: King County Transfer Station, KC Shops—material storage (IL zoning)
6. Access: Via Jefferson Avenue
7. Site Area: 14.4 acres (633 feet wide by 993 feet long)
8. Project Data: Area Comments
Existing Building Area: N/A
New Building Area: N/A
Total Building Area: N/A
C. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Zoning N/A 4404 6/7/93
Annexation N/A 2249 6/20/66
Special Permit SP-032-82, SP-033-87, SP- N/A 3/9/93
92-174
Comprehensive Plan N/A 4498 2/20/95
D. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Section 4-4-060, Grading, Excavation and Mining Regulations
2. Critical Areas Ordinance
3. R-10 Zone
HEXRPT00-064.doc
City of Renton P/B/PW Department - Preliminary Report to the Hearing Examiner
UPPER BALCH PIT FILL&GRADE LUA-00-064,SP,ECF
PUBLIC HEARING DATE:July 18, 2000 Page 3 of 7
E. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Section I, Residential Options
2. Chapter 8, Environmental Policies
F. DEPARTMENT ANALYSIS:
1. PROJECT DESCRIPTION/BACKGROUND
The Upper Balch Pit is located on the west side of Monroe Avenue NE,just south of NE 4th Street.
The gravel borrow pit is approximately 14.4 acres in size and about 60 feet in depth. It was a
permitted and authorized gravel excavation from 1960-1982. The site has been an upland fill and
reclamation site since 1982, operating under Special Permits SP-032-82, SP-033-87 and SP-92-
174. The property is unusable and undevelopable in its current state. There are no structures or
improvements on the site other than a paved haul road and a perimeter-screening fence. There
are no plans for any specific improvements or future development at this time.
The most recent approval to conduct fill and reclamation activities on the site expired in March of
1998. The applicant is seeking approval for a new Special Fill and Grade Permit to discharge an
additional one million (1,000,000) cubic yards of material to complete the restoration of the site.
The applicant intends to continue to fill the site with inert, non-putrescible materials allowed under
preceding Special Permits such as clean dirt, soils, sand and gravel, and other similar clean
materials, including rock and broken concrete (not asphalt concrete) smaller than 8" in diameter
and minor amounts of organic material.
The applicant is requesting that the permit be approved for a ten-year period. The three previous
Special Fill and Grade permits allowed only 5-year intervals. The requested hours of operation
are from 8:30 a.m.to 3:30 p.m. Monday—Saturday.
2. ENVIRONMENTAL REVIEW
Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as
amended), the Environmental Review Committee issued a Determination of Non-Significance
(DNS) on June 27, 2000. The appeal period closed on July 17, 2000. No appeals of the
threshold determination were filed.
Additionally, because of the steep slopes located on site (created through previous legal mining
activity), the applicant requested an Exception Through Modification pursuant to Ordinance 4835,
Renton Municipal Code (RMC)4-3-050.N.2. The Modification was approved on July 10, 2000.
3. STAFF REVIEW COMMENTS
Representatives from various city departments have reviewed the application materials to identify
and address site plan issues from the proposed development. These comments are contained in
the official file, and the essence of the comments has been incorporated into the appropriate
sections of this report and the Departmental Recommendation at the end of the report.
4. CONSISTENCY WITH SPECIAL PERMIT CRITERIA:
In order to grant a special permit, the Hearing Examiner shall make a determination that the
activity would not be unreasonably detrimental to the surrounding area. The Hearing Examiner
shall consider, but not be limited to, the following:
HEXRPT00-064.doc
City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner
UPPER BALCH PIT FILL 8,GRADE LUA-00-064,SP,ECF
PUBLIC HEARING DATE:July 18,2000 Page 4 of 7
GENERAL CRITERIA
A. SIZE AND LOCATION OF THE ACTIVITY
As noted above, the applicant is seeking approval of a Special Fill and Grade Permit to allow the
continued filling of an existing borrow pit. It is estimated that the subject site will accommodate
approximately an additional 1,000,000 cubic yards of material. The site is about 14 acres, most of
which is taken up by the pit which ranges in depth from 40-60 feet.
The project site is located on the 300 block, between Jefferson and Monroe Avenues NE and
bounded by NE 2nd Street on the South. The King County Shops are located to the south and
west of the project site, Greenwood Cemetery is to the east, the City shops are located to the
southeast, and a small commercial strip containing several businesses is located north of the site
along NE 4th Street.
B. TRAFFIC VOLUMES AND PATTERNS
It will take approximately 1,000,000 cubic yards of material to complete the filling of the borrow pit.
If the pit is filled during the 10-year period requested, this equates to approximately 200,000
vehicle trips (1 entering, 1 leaving) or 10,000 round trips/year over the life of the permit. The
number of trucks accessing the project site varies considerably depending on the location and the
number of projects producing excess fill.
The applicant has requested approval to extend truck haul operations to the site between the
hours of 8:30 a.m. to 3:30 p.m. on Saturdays. The Development Services Division anticipates no
adverse impacts from Saturday hauling since the weekday compute peaks and Renton Technical
College schedules are not factors. Extending the allowed haul hours allows truck traffic to be
spread over a longer period of time, lessening the impact. Approval for Saturday truck haul
operations between the hours of 8:30 a.m. to 3:30 p.m. is granted subject to the approval of the
Special Fill and Grade Permit.
As a condition of approval for the last Special Permit (SP-92-174), the applicant was limited to a
maximum of 210 trip ends (trucks importing material to the site) per day in order to avoid adverse
impacts to the flow of traffic on NE 4th Street. Staff recommends that this condition remain. This
equates to approximately one truck trip every two minutes.
The applicant proposes to primarily utilize Jefferson Avenue NE for ingress and egress (trucks
can turn around in the pit). This route will allow traffic to be controlled via the signal light at the
intersection of Jefferson Avenue and NE 3rd Street. In the event of an organized trucking effort
Monroe Avenue may also be used. In this case the signal light at Monroe Avenue and NE 4th
Street would control traffic.
Increased wear and tear to roads on the haul route, especially Jefferson Avenue, are anticipated
due to the heavy weight and volume of truck traffic. Presently the King County Solid Waste
Division maintains Jefferson Avenue due to the relationship with the Renton Transfer Station. The
applicant has submitted a signed agreement with the King County Solid Waste Division for the
shared maintenance of the Jefferson Avenue access road.
C. SCREENING, LANDSCAPING, FENCIING AND SETBACKS
There is an eight-foot tall fence around the perimeter of the project site. The fence consists of a
chain link fence with site-obscuring slats on the north, east and west sides. No slats are inserted
into the fence on the south (2nd Street) side of the property. City staff has visited the site and the
fence appears to be in good shape.
In the past the possibility of providing landscaping around the perimeter of the site was
investigated. It was the conclusion of the City staff that there was inadequate room between the
HEXRPT00-064.doc
City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner
UPPER BALCH PIT FILL&GRADE LUA-00-064,SP,ECF
PUBLIC HEARING DATE:July 18,2000 Page 5 of 7
wall of the pit and the road improvements to provide and adequate landscape buffer. This
condition still exists today. Considering the surrounding uses no additional screening or
landscaping beyond the existing fence is recommended.
D. UNSIGHTLINESS,NOISE, DUST
The borrow pit which is being filled is approximately fifty to sixty feet deep. The majority of
construction activity occurs at the bottom of the pit and can not be seen or heard from the
surrounding area. The City has not received any complaints on this project regarding
unsightliness or noise. City staff believes the limits on the hours of operation will prevent the filling
of the pit from becoming a nuisance as the pit is filled and operational activities begin to occur at
surface level
City staff is concerned that dirt could be tracked from the borrow pit onto the adjacent City streets,
especially during the later stages of the fill and grade activity. Conditions #9 and #11 of SP-92-
174 addressed this concern by requiring a $3,000 street cleaning bond and establishment of a
wheel-washing facility if City determines it is needed. Staff recommends these conditions remain
in effect.
E. SURFACE WATER
The sides and the floor of the pit are gravel. Water percolates quickly through the gravel,
although there are now areas that were filled during previous permits with less permeable fill
material where water temporarily collects and percolates more slowly. No surface water runoff
currently leaves the pit.
The applicant was asked to address the ponding water in the bottom of the pit and submitted a
report by Radeke Associates Inc. dated 5/4/00. The report indicates the area to be a non-
regulated wetland as it was formed on top of fill legally placed on the property; the wetland
hydrology is solely by compaction of soil and fill material; and, it does not fall under the Army
Corps of Engineers'definition of a regulatory wetland.
Additionally, the property owners have entered into an agreement with the City of Renton to allow
the discharge of storm water overflow from Monroe Avenue NE to the Upper Balch Pit property.
This agreement has been in place since 1996 and is valid through May of 2006 or until the City
provides adequate capacity to the storm drainage system to accommodate surface water runoff
from the roadway. Under current conditions, storm water flows to the site via an 18-inch diameter
pipe and is discharged as overland flow, eventually collecting in the lower portion of the pit.
The site is located within Aquifer Protection Area (APA) 2. The quality of fill material is restricted
by code to protect the City's sole source aquifer. The City of Renton has determined that existing
monitoring wells in the nearby area are adequate to detect any problems emanating from the site.
There is an existing paved road located on site that is used for access to the bottom of the pit and
to clean mud and debris from truck tires before entering onto City streets. Since asphalt falls
under the definition of Demolition Waste, it is not an allowed fill material and must be removed.
F. REUSE OF SITE
The applicant is requesting the Special Fill and Grade Permit be approved for a period of ten
years in accordance with RMC 4-9-080.F.10 which states "special permits are valid until the
approved plans have been satisfactorily completed." They feel it is a burden in terms of time and
expense to re-apply prior to completion of the fill.
Recent updates of the Critical Areas Ordinance and Aquifer Protection regulations have
strengthened and codified environmental protections. Fill and reporting requirements are now in
place as well as monitoring wells adequate to detect any material leaching into the ground water.
Coupled with the recommended conditions, staff feel adequate measures are in position to allow a
ten-year approval period for the Special Permit.
HEXRPT00-064.doc
City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner
UPPER BALCH PIT FILL&GRADE LUA-00-064,SP,ECF
PUBLIC HEARING DATE:July 18,2000 Page 6 of 7
The surface level of the area surrounding the pit is at approximately elevation 330-345. Staff
recommends that the applicant submit a reclamation plan when the elevation reaches the 325-
foot level to the satisfaction of the Development Services Division. This plan shall contain
elements of address surface and subsurface drainage controls, erosion controls, and a
landscaping element. The plan shall be submitted within thirty (30) days of any portion of the fill
area reaching the 325-foot level. No fill over 325 elevation shall be allowed until the closure plan
is submitted and approved by the City of Renton.
The applicant is requesting only to fill the site, no other uses or development are proposed at this
time. Future redevelopment on this site would require the appropriate level of review by City staff.
Due to the size of the project site and the level of development that could occur here in the future,
it is anticipated that a public hearing before the Hearing Examiner would be required.
5. TRANSFERABILITY OF SPECIAL PERMIT
This permit would run with the land and could be transferred to future property owners.
6. PERMIT EXPIRATION
Staff recommends that the permit expires ten (10) years from the date of approval, or upon
reaching and average fill level of 325-feet whichever occurs first.
7. REVOCATION OF PERMIT
The Planning/Building/Public Works Department is authorized to revoke any annual license issued
pursuant to the terms of the Grading, Excavation and Mining Regulations if after due investigation
is determined that the permittee has violated any of the provisions of this Ordinance. Notice of
revocation shall have reasonable time not to exceed forty-five (45) days in which to remedy the
defects or omissions specified. In the event that the licensee fails or neglects to do so within the
time period, the order of revocations shall be final. A total or partial stop work order may be
issued for good reason.
G. RECOMMENDATION:
Staff recommends approval of the Segale Business Park application, (Project File No. LUA-00-064, SP,
ECF)for a Special Permit for Fill and Grade to fill an existing 14.4 acre borrow pit with approximately
1,000,000 cubic yards of material, subject to the following conditions:
(1) Upon reaching an average fill level of 325-feet or 10-years this Special Permit shall expire. The
applicant shall grade a level site, hydroseed, and submit for a new Fill and Grade permit for the
final reclamation of the site.
(2) The applicant shall limit the number of trucks accessing the project site to a maximum of 210 trip
ends (trucks importing material to the site) per day in order to avoid adverse impacts to the flow of
traffic on NE 4th Street.
(3) Prior to filling the area of the paved on-site roadway, the asphalt road must be removed from the
site to an approved construction and demolition waste landfill. Documentation of proper disposal
shall be submitted to the Development Services Division within 30 days of removal.
(4) The applicant shall be responsible for establishing a wheel-washing facility for the trucks at the
exit from the project site if Development Services Division, in its sole discretion, determines such
HEXRPT00-064.doc
City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner
UPPER BALCH PIT FILL&GRADE LUA-00-064,SP,ECF
PUBLIC HEARING DATE:July 18, 2000 Page 7 of 7
a facility is necessary. Development Services, in its sole discretion, may curtail importation of
materials during construction of the facility.
(5) At the time of annual grading license approval, the applicant shall provide a renewable cash bond,
or other instrument acceptable to the City Attorney, in the amount of $3,000 for the purpose of
street cleaning in the event the applicant fails to clean the streets of debris from the filling
operations.
(6) While the Special Permit is in effect, the applicant shall be responsible for the maintenance of the
chain-link fence with wooden slats along the site parameter for the purpose of screening and
safety.
(7) The applicant shall ensure that all gates are locked at the end of each working day and on
weekends.
(8) This permit shall be valid for a maximum of 10 years from the date of approval. The City reserves
the right to revoke this permit if, in the sole opinion of the City of Renton, the applicant is found to
be out of compliance with any of the conditions of approval.
HEXRPT00-064.doc
CITY OF RENTON
DETERMINATION OF NON-SIGNIFICANCE
ADVISORY NOTES
APPLICATION NUMBER: LUA-00-064,SP,ECF
APPLICANT: Segale Business Park
PROJECT NAME: Upper Balch Pit Grade & Fill
DESCRIPTION OF PROPOSAL: The applicant, Segale Business Park, is requesting
Environmental (SEPA) Review and Hearing Examiner approval of a Grade and Fill permit. The proposal
includes the importing of one-million cubic yards of fill into an existing sand/gravel pit over a time-frame of
ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and reclamation
site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998.
The proposed fill activity, which would complete the restoration of the site, would require an Annual
Grading License each year for the length of the proposed activity.
LOCATION OF PROPOSAL: 301 Monroe Avenue NE (Between Jefferson Avenue NE and
Monroe Avenue NE, south of NE 4t Street)
Advisory Notes to Applicant:
The following notes are supplemental information provided in conjunction with the environmental
determination. Because these notes are provided as information only, they are not subject to the
appeal process for environmental determinations
1. Staff will recommend to the Hearing Examiner that the applicant submit a reclamation plan within thirty
(30)days of any portion of the site being filled to the 325-foot. The plan shall contain elements to
address surface and subsurface drainage controls, erosion controls and a landscaping element. No
fill over the 325' elevation shall be allowed until the closure plan is submitted and approved by the City
of Renton.
2. The applicant is requesting approval for truck haul operations to the site between the hours of 8:30 .
AM to 3:30 PM on Saturdays. No significant adverse impacts are anticipated and the Development
Services Division approves the request.
3. Renton staff will monitor the condition of roads along the haul route before, during, and after the
Upper Balch Pit grade and fill activities. Should these activities cause demonstrable deterioration of
city streets along the haul route, the City reserves the right to require the applicant to participate in
restoration of the impacted streets.
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Ths East half of the northeast quarter of the northwest quarter 1. AREA OF PROPERTY-628,574 S.F. 1•Ilr- � '1 PROM=No,
GRAPHIC SCALE of Section 16.Tomsldp 23 North,Range 6 East.W.Y.. 2. AREA OF WORK- 628,574 S.F. f '
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REVISION NO.
SECTION B - B SCALE: SHEET NO.
HORIZ. 1" = 40'
VERT. 1" = 10' 2 OF 2
CITY F RENTON
Planning/Building/Public Works Department
Gregg Zimmerman P.E.,Administrator
Jesse Tanner,Mayor
July 7, 2000
Mr. Mark Hancock
Segale Business Park
PO Box 88028
Tukwila, WA 98138
SUBJECT: UPPER BALCH PIT—EXCEPTION THROUGH MODIFICATION REQUEST
Dear Mr. Hancock:
On behalf of the applicant, Segale Business Park, you have requested to deviate from the City's Critical
Areas Ordinance. The request is to modify the steep slopes on the property created through mineral and
natural resource recovery activities.
Renton Municipal Code 4-3-050.N.2 allows the Administrator to grant modifications from the Geologic
Hazards standards for individual cases provided that the modification meets the following criteria
(pursuant to RMC 4-9-250D2):
a. Will meet the objectives and safety,function, appearance, environmental protection and
maintainability intended by the Code requirements, based upon sound engineering
judgment; and
b. Will not be injurious to other property(s) in the vicinity; and
c. Conform to the intent and purpose of the Code; and
d. Can be shown to be justified and required for the use and situation intended; and
e. Will not create adverse impacts to other property(ies)in the vicinity.
Background
The Upper Balch Pit is located on the west side of Monroe Avenue NE, just south of NE 4th Street. The
gravel borrow pit is approximately 14.4 acres in size and about 60 feet in depth. It was a permitted and
authorized gravel excavation from 1960-1982. The site has been an upland fill and reclamation site since
1982, operating under Special Permits SP-032-82, SP-033-87 and SP-92-174. The property is unusable
and undevelopable in its current state. There are no structures or improvements on the site other than a
paved haul road and a perimeter-screening fence. There are no plans for any specific improvements or
future development at this time.
The most recent approval to conduct fill and reclamation activities on the site expired in March of 1998.
The applicant is seeking approval for a new Special Fill and Grade Permit to discharge an additional one
million (1,000,000)cubic yards of material to complete the restoration of the site. The applicant intends to
continue to fill the site with inert, non-putrescible materials allowed under preceding Special Permits such
as clean dirt, soils, sand and gravel, and other similar clean materials, including rock and broken concrete
(not asphalt concrete) smaller than 8"in diameter and minor amounts of organic material.
modletter dor
1055 South Grady Way- Renton, Washington 98055
This paper contains 50%recycled material,20%post consumer
r
July 7, 2000
Page-2
The applicant maintains that the protected slope standards should not apply to the reclamation activities
on the site due to the created condition of the slopes. Approval of the modification is required for the
Special Fill and Grade Permit.
Analysis
1.) Will meet the objectives and safety, function, appearance, environmental protection and
maintainability intended by the Code requirements, based upon sound engineering
judgment.
The proposal is a continuation of the site reclamation activity approved by three separate Special
Fill and Grade Permits over the last 15 years. The work is safe, consistent with code
requirements, is screened from public view, does not harm the environment outside the pit and
serves to restore the property for future residential use.
2.) Will not be injurious to other property(s) in the vicinity.
The project site is located on the 300 block, between Jefferson and Monroe Avenues NE and
bounded by NE 2' Street on the South. The King County Shops are located to the south and
west of the project site, Greenwood Cemetery is to the east, the City shops are located to the
southeast, and a small commercial strip containing several businesses is located north of the site
along NE 4th Street.
The proposal does not cause injury to neighboring properties; no water leaves the site. It is
completely surrounded with a site-obscuring fence. It is beneficial in that it will remove the
adjacent slopes and restore developable property.
3.) Conform to the intent and purpose of the Code.
The proposal conforms to the intent and purpose of the code by restoring the borrow pit for future
residential use. The slopes are man-made and their removal will re-establish the natural
contours.
4.) Can be shown to be justified and required for the use and situation intended.
The property is zoned for future residential use which restoration of the site will allow.
5.) Will not create adverse impacts to other property(ies) in the vicinity.
As stated under criteria number 2, the proposed filling of the pit will not create significant adverse
impacts to properties in the vicinity and will serve to restore the site for its intended use.
Decision
The request for the Exception Through Modification of the Critical Areas Ordinance to allow the filling and
grading of steep slopes in the Upper Balch Pit is approved.
Sincerely;
Gregg Zimmrman Administrator
Planning/Building/Public Works
cc: Jana Hanson
Steve Taylor
modletter
CITY OF RENTON
Planning/Building/Public Works
MEMORANDUM
DATE: July 5, 2000
TO: Gregg Zimmerman,Administrator <f G C
IZ.a-7
FROM: Steve Taylor, Senior Planner(x7219) 3/
SUBJECT: Protected Slopes-Exception Through Modification Request—
Upper Balch Pit, File No. LUA-00-064, SP, ECF
Summary of Request
The applicant, Segale Business Park, is seeking approval of an extended 10-year Special Fill and
Grade Permit to allow the continued filling of an existing borrow pit. Due to the steep slopes
located on the site, an Exception Through Modification is also required. It is estimated that the
subject site will accommodate approximately an additional one million (1,000,000) cubic yards of
material. Although the property appears on the City's Steep Slopes map, the slope was created
through previous legal mineral and natural resource recovery activities. The applicant is
requesting an Exception Through Modification as allowed per Ordinance 4835, page 43.
Renton Municipal Code 4-3-050.N.2 allows the Administrator to grant modifications from the
Geologic Hazards standards for individual cases provided that the modification meets the
following criteria (pursuant to RMC 4-9-250D2):
a. Will meet the objectives and safety,function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment; and
b. Will not be injurious to other property(s) in the vicinity; and
c. Conform to the intent and purpose of the Code; and
d. Can be shown to be justified and required for the use and situation intended; and
e. Will not create adverse impacts to other property(ies) in the vicinity.
Background
The Upper Balch Pit is located on the west side of Monroe Avenue NE, just south of NE 4th
Street. The gravel borrow pit is approximately 14.4 acres in size and about 60 feet in depth. It
was a permitted and authorized gravel excavation from 1960-1982. The site has been an upland
fill and reclamation site since 1982, operating under Special Permits SP-032-82, SP-033-87 and
SP-92-174. The property is unusable and undevelopable in its current state. There are no
structures or improvements on the site other than a paved haul road and a perimeter-screening
fence. There are no plans for any specific improvements or future development at this time.
The most recent approval to conduct fill and reclamation activities on the site expired in March of
1998. The applicant is seeking approval for a new Special Fill and Grade Permit to discharge an
additional one million (1,000,000) cubic yards of material to complete the restoration of the site.
\\CENTRAL\SYS2\DEPTS\PBPW\DIVISION.S\D EVELOP.SER\D EV&PLAN.I N G\PROD ECTS\00-
064.st\exception through modification.doc
1
1.
The applicant intends to continue to fill the site with inert, non-putrescible materials allowed under
preceding Special Permits such as clean dirt, soils, sand and gravel, and other similar clear)
materials, including rock and broken concrete (not asphalt concrete) smaller than 8" in diamete
and minor amounts of organic material.
The applicant maintains that the protected slope standards should not apply to the reclamatio
activities on the site due to the created condition of the slopes. Approval of the modification ie'
required for the Special Fill and Grade Permit.
Analysis 1
1.) Will meet the objectives and safety,function, appearance, environmental
protection and maintainability intended by the Code requirements, based upon
sound engineering judgment.
The proposal is a continuation of the site reclamation activity approved by three separate
Special Fill and Grade Permits over the last 15 years. The work is safe, consistent with 1
code requirements, is screened from public view, does not harm the environment outside
the pit and serves to restore the property for future residential use.
2.) Will not be injurious to other property(s) in the vicinity.
The project site is located on the 300 block, between Jefferson and Monroe Avenues NE
and bounded by NE 2nd Street on the South. The King County Shops are located to the
south and west of the project site, Greenwood Cemetery is to the east, the City shops arg
located to the southeast, and a small commercial strip containing several businesses i
located north of the site along NE 4th Street.
The proposal does not cause injury to neighboring properties; no water leaves the site. I
is completely surrounded with a site-obscuring fence. It is beneficial in that it will remove
the adjacent slopes and restore developable property.
3.) Conform to the intent and purpose of the Code.
The proposal conforms to the intent and purpose of the code by restoring the borrow pit
for future residential use. The slopes are man-made and their removal will re-establish
the natural contours.
4.) Can be shown to be justified and required for the use and situation intended.
The property is zoned for future residential use which restoration of the site will allow.
5.) Will not create adverse impacts to other property(ies) in the vicinity.
As stated under criteria number 2, the proposed filling of the pit will not create significant
adverse impacts to properties in the vicinity and will serve to restore the site for its
intended use.
Recommendation
Grant the Exception Through Modification of the Critical Areas Ordinance to allow the filling and 1
grading of steep slopes in the Upper Balch Pit.
cc: Jennifer Henning
\\CENTRAL\SYS2\DEPTS\PBPW\DIVISION.S\DEVELOP.SER\DEV&PLAN.ING\PROJECTS\00- 1
064.st\exception through modification.doc
! / -
c: '; ,,- CITY C_: RENTON
/ .LL , 3
Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator
June 29, 2000 . .
Washington State •
Department of Ecology
Environmental Review Section
PO Box 47703
Olympia,WA 98504-7703
Subject: Environmental Determinations
Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by
the Environmental Review Committee (ERC)on June 27, 2000:
DETERMINATION OF NON-SIGNIFICANCE
UPPER BALCH PIT GRADE & FILL
LUA-00-064,SP,ECF
The applicant, Segale Business Park, is requesting Environmental (SEPA) Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one million
cubic yards of fill into an existing sand/gravel pit over a period of ten-years. The Upper Balch Pit
was permitted from 1962 to 1982, becoming an upland fill and reclamation site in 1982. Filling
activity was allowed under SP-032-82, SP-033-87 and SP-92-174. The most recent approval to
conduct fill and reclamation on the site expired in February of 1998. The applicant is requesting
permit approval for a period of 10 years (past permits have been limited to 5 years). The
applicant is also seeking approval to work on Saturdays. The hours of operation would remain
from 8:30 a.m. to 3:30 p.m. The proposed fill activity,which would complete the restoration of the
site,would require an Annual Grading License each year for the length of the proposed activity.
Location: 301 Monroe Ave. NE.
Appeals of the environmental determination must be filed in writing on or before 5:00 PM, July 17, 2000.
Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by
City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may
be obtained from the Renton City Clerk's Office, (425)-430-6510.
If you have questions, please call me at(425)430-7219.
For the Environmental Review Committee, _
AN 47/6'7 .
Steve Taylor
Project Manager
cc: King County Wastewater Treatment Division
Larry Fisher, Department of Fisheries
David-F. Dietzman, Department of Natural Resources
Don Hurter, Department of Transportation
Duwamish Tribal Office
Rod Malcom, Fisheries, Muckleshoot Indian,Tribe (Ordinance)
US Army Corp. of Engineers
Ag ncyltr\
1055 South Grady Way-Renton, Washington 98055
CITY ,1F RE+ NTON
E Planning/Building/Public Works Department
Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator
June 29, 2000
Mr. Mark Hancock
Segale Business Park
PO Box 88028
Tukwila, WA 98138
SUBJECT: Upper Balch Pit Grade & Fill
Project No. LUA-00-064,SP,ECF
Dear Mr. Hancock:
This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that
they have completed their review of the environmental impacts of the above-referenced project. The
Committee, on June 27, 2000, decided that your project will be issued a Determination of Non-
Significance.
The City of Renton ERC has determined that it does not have a probable significant adverse impact on the
environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c).
This decision was made by the ERC under the authority of Section 4-6-6, Renton Municipal Code, after
review of a completed environmental checklist and other information, on file with the lead agency. This
information is available to the public on request.
Appeals of the environmental determination must be filed in writing on or before 5:00 PM, July 17, 2000.
Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by
City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may
be obtained from the Renton City Clerk's Office, (425)-430-6510.
A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council
Chambers on the seventh floor of City Hall, on July 18, 2000 at 9:00 AM to consider the Special Grade &
Fill Permit. If the Environmental Determination is appealed, the appeal will be heard as part of this public
hearing.
If you have any questions or desire clarification of the above, please call me at(425)430-7219.
For the Environmental Review Committee,
Steve Taylor
Project Manager
cc: La Pianta.LLC/Owners .
rinslattar
1055 South Grady Way-Renton, Washington 98055
CITY OF RENTON
DETERMINATION OF NON-SIGNIFICANCE
ADVISORY NOTES
APPLICATION NUMBER: LUA-00-064,SP,ECF
APPLICANT: Segale Business Park
PROJECT NAME: Upper Balch Pit Grade & Fill
DESCRIPTION OF PROPOSAL: The applicant, Segale Business Park, is requesting
Environmental (SEPA) Review and Hearing Examiner approval of a Grade and Fill permit. The proposal
includes the importing of one-million cubic yards of fill into an existing sand/gravel pit over a time-frame of
ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and reclamation
site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998.
The proposed fill activity, which would complete the restoration of the site, would require an Annual
Grading License.each year for the length of the proposed activity.
LOCATION OF PROPOSAL: 301 Monroe Avenue NE (Between 4Jefferson Avenue NE and
Monroe Avenue NE, south of NE 4t Street)
Advisory Notes to Applicant:
The following notes are supplemental information provided in conjunction with the environmental
determination: Because these notes are provided as information only, they are not subject to the
appeal process for environmental determinations
1. Staff will recommend to the Hearing Examiner that the applicant submit a reclamation plan within thirty
(30)days of any portion of the site being filled to the 325-foot. The plan shall contain elements to
address surface and subsurface drainage controls, erosion controls and a landscaping element. No
fill over the 325'elevation shall be allowed until the closure plan is submitted and approved by the City
of Renton.
2. The applicant is requesting approval for truck haul operations to the site between the hours of 8:30
AM to 3:30 PM on Saturdays. No significant adverse impacts are anticipated and the Development
Services Division approves the request.
3. Renton staff will monitor the condition of roads along the haul route before, during, and after the
Upper Balch Pit grade and fill activities. Should these activities cause demonstrable deterioration of
city streets along the haul route, the City reserves the right to require the applicant to participate in
restoration of the impacted streets.
advisorynotes
CITY OF RENTON
DETERMINATION OF NON-SIGNIFICANCE
APPLICATION NUMBER: LUA-00-064,SP,ECF
APPLICANT: Segale Business Park
PROJECT NAME: Upper Balch Pit Grade & Fill
DESCRIPTION OF PROPOSAL: The applicant, Segale Business Park, is requesting Environmental (SEPA)
Review and Hearing Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million
cubic yards of fill into an existing sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from
1962 to 1982, becoming an upland fill and reclamation site in 1982. The previous approval to conduct fill and reclamation
on the site expired in February of 1998. The proposed fill activity, which would complete the restoration of the site, would
require an Annual Grading License each year for the length of the proposed activity.
LOCATION OF PROPOSAL: 301 Monroe Avenue NE (Between Jefferson Avenue NE and Monroe Avenue
NE, south of NE 4th Street)
LEAD AGENCY: City of Renton
Department of Planning/Building/Public Works
Development Planning Section
This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be
involved, the lead agency will not act on this proposal for fourteen (14) days.
Appeals of the environmental determination must be filed in writing on or before 5:00 PM, July 17, 2000. Appeals must be
filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady
Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 B.
Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510.
PUBLICATION DATE: July 03, 2000
DATE OF DECISION: June 27, 2000
SIGNATURES:
/2-7/0°
Gitg r an, finis rator DATE
Departmen o Pla�r ing/Building/Public Works
/UV( .e 6-7 (ad
Shepherd, Ad ' inistr r DATE
C mmunity Services Department
Lee h (Fire-
Fire fief DATE
Rento Fire Department
dnsmsign
I /
/
CITY OF RENTON
DETERMINATION OF NON-SIGNIFICANCE
ADVISORY NOTES
APPLICATION NUMBER: LUA-00-064,SP,ECF
APPLICANT: Segale Business Park
PROJECT NAME: Upper Balch Pit Grade& Fill
DESCRIPTION OF PROPOSAL: The applicant, Segale Business Park, is requesting
Environmental (SEPA) Review and Hearing Examiner approval of a Grade and Fill permit. The proposal
includes the importing of one-million cubic yards of fill into an existing sand/gravel pit over a time-frame of
ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and reclamation
site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998.
The proposed fill activity, which would complete the restoration of the site, would require an Annual
Grading License each year for the length of the proposed activity.
LOCATION OF PROPOSAL: 301 Monroe Avenue NE (Between efferson Avenue NE and
Monroe Avenue NE, south of NE 4t Street)
Advisory Notes to Applicant:
The following notes are supplemental information provided in conjunction with the environmental
determination. Because these notes are provided as information only, they are not subject to the
appeal process for environmental determinations
1. Staff will recommend to the Hearing Examiner that the applicant submit a reclamation plan within thirty
(30)days of any portion of the site being filled to the 325-foot. The plan shall contain elements to
address surface and subsurface drainage controls, erosion controls and a landscaping element. No
fill over the 325' elevation shall be allowed until the closure plan is submitted and approved by the City
of Renton.
2. The applicant is requesting approval for truck haul operations to the site between the hours of 8:30
AM to 3:30 PM on Saturdays. No significant adverse impacts are anticipated and the Development
Services Division approves the request.
3. Renton staff will monitor the condition of roads along the haul route before, during, and after the
Upper Balch Pit grade and fill activities. Should these activities cause demonstrable deterioration of
city streets along the haul route, the City reserves the right to require the applicant to participate in
restoration of the impacted streets.
dnsmsign
I /
i
•
ENVIRONMENTAL DETERMINATION
POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION
PROJECT NAME: UPPER BALCH PIT GRADE&FILL
PROJECT NUMBER: LUA-00-064,SP,ECF .
The applicant, Segale Business Park, is requesting Environmental (SEPA) Review and Hearing Examiner
approval of a Grade and Fill permit. The proposal includes the importing of one million cubic yards of fill into an
existing sand/gravel pit over a period of ten-years. The Upper Balch Pit was permitted from 1962 to 1982,
becoming an upland fill and reclamation site in 1982. Filling activity was allowed under SP-032-82,SP-033-87 and
SP-92-174.The most recent approval to conduct fill and reclamation on the site expired in February of 1998. The
applicant is requesting permit approval for a period of 10 years(past permits have been limited to 5 years). The
applicant is also seeking approval to work on Saturdays. The hours of operation would remain from 8:30 a.m.to
3:30 p.m. The proposed fill activity,which would complete the restoration of the site, would require an Annual
Grading License each year for the length of the proposed activity. Location: 301 Monroe Ave.NE.
THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED
THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE
ENVIRONMENT.
Appeals of the environmental determination must be filed in writing on or before 5:00 PM,July 17,2000. Appeals
must be filed in writing together with the required$75.00 application fee with: Hearing Examiner,City of Renton,
1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton Municipal
Code Section 4-8-11B. Additional information regarding the appeal process may be obtained from the Renton
City Clerk's Office,(425)-430-6510.
A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on
the seventh floor of City Hall, on July 18, 2000 at 9:00 AM to consider the Special Grade & Fill Permit. If the
Environmental Determination is appealed,the appeal will be heard as part of this public hearing. ••
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FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT . •
SERVICES DIVISION AT(425)430-7200.
DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION
Please include the project NUMBERwhen calling for proper file identification.
NOTICE OF ENVIRONMENTAL DETERMINATION
ENVIRONMENTAL REVIEW COMMITTEE
RENTON, WASHINGTON
The Environmental Review Committee has issued a Determination of Non-Significance for the following
project under the authority of the Renton Municipal Code.
UPPER BALCH PIT GRADE & FILL
LUA-00-064,SP,ECF
Environmental review for grade and fill permit for importing of one million cubic yards of fill
to existing sand/gravel pit over a period of 10 years. Location: 301 Monroe Ave. NE.
Appeals of the environmental determination must be filed in writing on or before 5:00 PM, July 17, 2000.
Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by
City of Renton Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may
be obtained from the Renton City Clerk's Office, (425)-430-6510.
A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council
Chambers on the seventh floor of City Hall, on July 18, 2000 at 9:00 AM to consider the grade and fill
permit. If the Environmental Determination is appealed, the appeal will be heard as part of this public
hearing.
Publication Date: July 3,2000
Account No. 51067
dnspub
STAFF City of Renton
REPORT Department of Planning/Building/Public Works
ENVIRONMENTAL REVIEW COMMITTEE
A. BACKGROUND
ERC MEETING DATE: June 27,2000
Project Name: Upper Balch Pit Grade & Fill
Project Number: LUA00-064, SP, ECF
Project Manager: Steve Taylor
Project Description: The applicant, Segale Business Park, is requesting Environmental (SEPA)
Review and Hearing Examiner approval of a Grade and Fill permit. The proposal
includes the importing of one million cubic yards Of fill into an existing
sand/gravel pit over a period of ten-years.
The Upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill
and reclamation site in 1982. Filling activity was allowed under SP-032-82, SP-
033-87 and SP-92-174. The most recent approval to conduct fill and reclamation
on the site expired in February of 1998. The applicant is requesting permit
approval for a period of 10 years (past permits have been limited to 5 years).
The applicant is also seeking approval to work on Saturdays. The hours of
operation would remain from 8:30 a.m. to 3:30 p.m. The proposed fill activity,
which would complete the restoration of the site,would require an Annual
Grading License each year for the length of the proposed activity.
Project Location: 301 Monroe Avenue NE (Between Jefferson and Monroe Avenues NE, south of
NE 4th Street)
Exist. Bldg. Area gsf: N/A
Site Area: 14.4 acres
RECOMMENDATION Staff recommend that the Environmental Review Committee issue a
Determination of Non-Significan:R __ _ _ _
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City of Renton P/B/PWDepartment Envir ,ntal Review Committee Staff Report
UPPER BALCH PIT GRADE&FILL LUA-00-064,SP,ECF
REPORT AND DECISION OF JUNE 27,2000 Page2 of 4
B. RECOMMENDATION
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials
make the following Environmental Determination:
DETERMINATION OF DETERMINATION OF
NON-SIGNIFICANCE NON-SIGNIFICANCE-MITIGATED.
XX Issue DNS with 14 day Appeal Period. Issue DNS-M with 14 day Appeal Period.
Issue DNS-M with 15 day Comment Period
followed by a 14 day Appeal Period.
C. MITIGATION MEASURES
Advisory Notes to Applicant:
The following notes are supplemental information provided in conjunction with the environmental
determination. Because these notes are provided as information only, they are not subject to the appeal
process for environmental determinations
1. Staff will recommend to the Hearing Examiner that the applicant submit a reclamation plan within thirty(30)days of
any portion of the site being filled to the 325-foot. The plan shall contain elements to address surface and
subsurface drainage controls, erosion controls and a landscaping element. No fill over the 325' elevation shall be
allowed until the closure plan is submitted and approved by the City of Renton.
2. The applicant is requesting approval for truck haul operations to the site between the hours of 8:30 AM to 3:30 PM
on Saturdays. No significant adverse impacts are anticipated and the Development Services Division approves
the request.
3. Renton staff will monitor the condition of roads along the haul route before, during, and after the Upper Balch Pit
grade and fill activities. Should these activities cause demonstrable deterioration of city streets along the haul
route, the City reserves the right to require the applicant to participate in restoration of the impacted streets.
D. ENVIRONMENTAL IMPACTS
In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those
project impacts that are not adequately addressed under existing development standards and
environmental regulations.
Has the applicant adequately identified and addressed environmental impacts anticipated to occur in
conjunction with the proposed development?
1. Earth
Impacts: The Upper Balch Pit was a permitted an authorized sand and gravel excavation from 1960 to 1982. The site
has been an upland fill and reclamation site since 1982. The applicant is requesting approval to fill an existing borrow
pit with approximately 1,000,000 cubic yards of fill material.
Mitigation Measures: Past permits addressed potential adverse impacts to the City's Sole Source Aquifer, by limiting
the type of fill to inert, non-putrescible materials, such as clean dirt, soil, sand, gravel, concrete rubble(not asphalt
concrete)smaller than eight (8) inches diameter and other similar material that is free from material which contains
soluble poisons or other leachable compounds. The grading section of the municipal code, specifically Section 4-4-
ERCREPT.dot
City'of Renton P/B/PWDepartment Envit 'ntal Review Committee Staff Report
• UPPER BALCH PIT GRADE&FILL LUA-00-064,SP,ECF
REPORT AND DECISION OF JUNE 27,2000 Page3 of 3
2. Transportation
Impacts: The project site can be accessed from Jefferson and Monroe Avenues via NE 3rd/4th Streets. Both NE 3rd/4th
and Monroe are heavily traveled during the morning and afternoon peak-hour commute periods. Under the last
Special Use Permit(SP-92-174), the hours of operation for transporting fill material to the site were limited to 8:30 AM
to 3:30 PM, Monday-Friday. The applicant is requesting to extend these same hours of operation to Saturday. Since
most traffic is generated during the peak commute periods during weekdays (especially for the Renton Technical
College)no significant traffic impacts are anticipated from additional truck hauling on Saturdays.
The applicant has submitted a truck hauling route plan utilizing Jefferson Avenue NE as the primary ingress and
egress to the site and Monroe Avenue NE as an alternative in the event of and organized trucking effort. Both
intersections (Jefferson Ave/3`d Street and Monroe Ave/4th Street are controlled by traffic signals.
Mitigation Measures: No further mitigation measures are recommended.
Nexus: N/A
3. Water
Impacts: The site is located within Aquifer Protection Area (APA)2. The quality of fill material allowed is restricted by
code to protect the City's sole source aquifer. The City of Renton has determined that existing monitoring wells in the
nearby area are adequate to detect any problems emanating from the site.
The applicant was asked to address the ponding water in the bottom of the pit and submitted a report by Radeke
Associates Inc. dated 5/4/00 (see attached). The report indicates the area would be considered a non-regulated
wetland as it was formed on top of fill legally placed on the property; the wetland hydrology is soley by compaction of
soil and fill material; and, it would not fall under the Army Corps of Engineers' definition of a regulatory wetland.
Mitigation Measures: No further mitigation is recommended
Nexus: N/A
E. COMMENTS OF REVIEWING DEPARTMENTS
The proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where
applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or
Notes to Applicant.
Copies of all Review Comments are contained in the Official File.
X Copies of all Review Comments are attached to this report.
Environmental Determination Appeal Process: Appeals of the environmental determination must be
filed in writing on or before 5:00 PM,July 17, 2000 (14 days from the date of publication).
Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of
Renton, 1055 South Grady Way, Renton,WA 98055. Appeals to the Examiner are governed by City of Renton
Municipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the
Renton City Clerk's Office, (425)-430-6510.
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LEGAL DESCRIPTION: m NOTES:
The but half of the northeast quarter of the northwest quarter I. AREA OF PROPERTY-828,574 S.F. r rROM=NO.
GRAPHIC SCALE f Section 10.Township 23 North,Range 5 Fast.Wad., 2. AREA OF WORK- 828,674 S.P.
• m E310EPT the North 330 feat;and EXCEPT the East 30 feet for,
'm right-of-sea). 3, FILL TO BE PIACED-1.000.000 C.Y.(•/-L500,000 T.) Bar®all R0.
as�� s��sss�a Situate In the City of Renton,County of KIo.State of Washington.
4. Fill to be limped to clean dirt,so% d,gravel, d
SUBJECT TO: Easement for tran.misalon line recorded under roar aLnliar lean materials,provided that rock and
I• > Auditor's Ella No.2571770 and easement for trensmlasion line broken concrete smaller than B lichee In diameter and .� GL ear NO.
I ma-00`t recorded under Auditor.File No.3425304. minor amounts of organic mailer may be Included.
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LIMIT OF' PERMIT / CHECKED.
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No o,0 208-575-2000
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REVISION NO.
SECTION B - B SCALE: SHEET NO.
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City o, ton Department of Planning/Building r. _ _Vorks
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: pa R. '4 COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade& Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: The applicant, Segale Business Park, is requesting Environmental (SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics _
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
���r l.Q L. c��tj e ra W✓� �V �C:��
B. POLICY-RELATED COMMENTS
is
C. CODE-RELATED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas whey dditional information i eded to properly assess this proposal.
7.e/5 Mei
Signature of Director or Authorized Representative Da
Routing Rev.10/93
,
'y of kt..gton Department of Planning/Build:.__ Public ..arks
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW (SHEET ,
REVIEWING DEPARTMENT: f{l -ir 4'-1. S1/t5 COMMENTS DUE: JUNE 14, 2000 !�
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000 �.� P*-
LC�PMt T 5E�.� ,. :S
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Tayl&f Cj�r r REIT NTOi`�
PROJECT TITLE: Balch Pit Grade& Fill WORK ORDER NO: 78691 IL nc
LOCATION: 301 Monroe Avenue NE •
, I' d !K p F`�,
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross): N/A � ,' t g � -=`�
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. ,The proposal includes the importing of one-million cubic yards of fill into]an existing
sand/gravel pit over a time-frame of ten-years. The.upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 19981 The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each gear for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS II
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major' Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics I
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
NOA16
.
C. CODE-RELATED COMMENTS
MA16
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of tlprobable impact or
areas wherJadditional information is needed to properly assess this proposal.
_ Z��Gld
•�at Siure of Directorr Authorized Representati Date
Routing Rev.10/93
OD re-5
• City of ____ ton Department of Planning/Building/Pub, /orks
•
•
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: F ition+e, J &iekp1 COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2006 ' ' 1,/
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taybr
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691 MAY 3 1 2488
LOCATION: . 301 Monroe Avenue NE EC6W9t..• �J`
NEIGHBORHOODS
SITE AREA: approx. 14.4 acres BUILDING AREA(gross): N/A AND STRATEGIC PLANNING
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water _Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
^J O POLt.C-Y 1 S50153 . QI'.......,. .....zC�tL >1n
C. CODE-RELATED COMMENTS
•
We have revved t r Ali ation with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas e a '' n inf rma r 's needed to properly assess this proposal. 1
A9ft
Si na ure o irector or orized Representative Date
Routing Rev.10/93
{iity of)..b'o n Department of Planning/Bulk 'Public Works ••
ENVIRONMENTAL & DtVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: 1pfJ 'i(4rtO7COMMENTS DUE: JUNE 14, 2000 1
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE .
SITE AREA: approx. 14.4 acres BUILDING AREA Gross : N/• MAYI I
3 1, Z0uu
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEP . Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-millio cubic yar.:l. y :••ft i�- '•g
sand/gravel.pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 982, bect i�e �L�,;,�• , ill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expire. in -..... • .
proposed fifi activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
I
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare I
Plants '" Recreation
Land/Shoreline Use Utilities -
Animals Transportation
Environmental Health Public Services
Energy/ - Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet '
14,000 Feet I
I
)1)4
I
I
1
B. POLICY-RELATED COMMENTS •
i 1. '
/V
1
C. CODE-RELATED COMMENTS
/L)if !
We have reviewe this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas whe addi onal informatio needed to properly assess this proposal.
7
Signature f hector or Aufhbrized Re sentative Date 0 dd
Routing Rev.10/93
•
City o..._.iton Department of Planning/Building/Put--_ _lorks
•
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: )910119Na, _WOMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code)COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas where additional information is needed to properly assess this proposal.
4)f- 6/1/60
Signature of Director or Authorized Re resentative Date
Routing Rev.10/93
tyofr._,iton Department of Planning/Built 'Public .,orks I 11•0960,1
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:SW( 1 th M— COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000 I
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE II
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEPA) Review and Tearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel_pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an inland fill and
reclamation-site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS 1
Element of the Probable Probable More Element of the Probable Probable I More
Environment Minor Major Information Environment Minor Major i Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics I
Water Light/Glare
Plants Recreation I
Land/Shoreline Use Utilities I
Animals Transportation 1
Environmental Health Public Services I
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14.000 Feet
I
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
BUD Coi4wt4"
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas iof probable impact or
areas where additioon�I information,J is needed to properly assess this proposal.
N r 6U�� 6-A,46
Signature of Director or Authorized Representative Date 1
Routing
Rev.10/93
City a ;ton Department of Planning/Building/Pu .orks . ,U-910*5
W
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: ieleryG,prj'`-1- 9' COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: The applicant,Segale Business Park, is requesting Environmental (SEPA) Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
A.)0 CO W1 INt' .
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas where additional information is needed to properly assess this proposal.
Signature of Director or Authorized Representative Date
Routing
Rev.10/93
May 4, 2000
Mr. Mark Segale
Segale Business Park e°F`r
P.O.Box 88028 ryoF,�
Tukwila, Washington 98138 FjO�
1 h ko
RE: Upper Balch Pit-Regulatory Considerations
(R.A.I. #2000-011-001) 14:
w1 E�
Dear Mr. Segale:
This letter is in response to the City of Renton's December 16, 1999 comment
Memorandum regarding the permit requirements for a property referred to as the Upper
Balch Pit. The Upper Balch Pit is a 14-acre property located south of NE 4th Street and
west of Monroe Avenue NE in Renton, Washington.
The Upper Balch Pit was a permitted and authorized sand and gravel excavation from
1960 to 1982. The site has been an upland fill and reclamation site since 1982. The
latest approvals to conduct fill and reclamation activities on the site expired February 26,
1998. The property owners are currently seeking approval to discharge an additional
1,000,000 cubic yards of material to complete the reclamation of the site. Previous
permitted activities on the property gave no indication of the presence of wetland
characteristics on the site and review of aerial photos showed no wetland on the property
prior to mining activities (see attached photo, Walker Associates, Inc. 1960).
The City of Renton is concerned that surface water discharges into the existing pit may
have created wetland conditions on the property. At your request, Raedeke Associates,
Inc. has prepared the following discussion of wetland criteria and regulations that should
apply to the Upper Balch Pit property.
DEFINITIONS AND METHODOLOGIES
Wetlands and streams are protected by federal law as well as by state and local
regulations. Federal law (Section 404 of the Clean Water Act) generally prohibits the
discharge of dredged or fill material into the nation's waters, including wetlands, without
a permit from the U.S. Army Corps of Engineers•(COE 1997). The COE makes the final
determination as to whether an area meets the definition of a wetland,and thus, if it is
under their jurisdiction,whether any permits are required for any proposed alterations.
RAEDEKE ASSOCIATES, INC
5711 Northeast 63rd St, Seattle, WA 98115 (206) 525-8122
•
•
Mr.Mark Segale
•
May 4,2000
Page 2
The COE defines a wetland as an area"inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions" (Federal Register 1986:41251). However,the COE generally does not
consider regulatory wetlands to include"waterfilled depressions created in dry land
incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United
•
States" (Federal Register 1986:41217).
Washington state law requires that all local jurisdictions use the Washington State
Wetlands Identification and Delineation Manual published by the Washington
Department of Ecology(WDOE 1997) to determine the presence of wetland conditions.
The WDOE wetland manual is a revision of the COE Wetlands Delineation Manual
(Environmental Laboratory 1987) and is consistent with the 1987 COE wetland
delineation manual with respect to wetland identification and delineation, and
incorporates subsequent amendments and clarifications provided by the COE(1991a,
1991b, 1992, 1994). Generally, as outlined in the 1987 wetland delineation manual,
wetlands are distinguished by three diagnostic characteristics: hydrophytic vegetation
(wetland plants),hydric soil (wetland soil), and wetland hydrology. However,both the
1987 COE manual and the 1997 WDOE manual specifically state that"if hydrophytic
vegetation is being maintained only because of human-induced wetland hydrology that
would no longer exist if the activity were to be terminated, the area should not be
considered a wetland" (Environmental Laboratory 1987:92, WDOE 1997:80).
The City of Renton has adopted regulations that require the use of the WDOE wetland
delineation manual (Ordinance 4835:49,50). The City of Renton Sensitive Areas Code
specifically excludes artificial wetlands created from non-wetland sites (Renton 2000:48)
from regulatory considerations. The City of Renton also will not regulate wetlands that
were formed in legally placed fill, have wetland hydrology provided solely by
compaction of soil and fill material, and that the COE will not take jurisdiction over
(Renton 2000:48). The City of Renton shall determine the regulatory status of an area
"based upon photographs, statements and other evidence" (Renton 2000:48).
EXISTING CONDITIONS
Upper Balch Pit was operated as a sand and gravel borrow pit for 22 years. Excavation
activities on the site ceased in 1982 and the property has since been used as an approved
and permitted fill and reclamation site. Upper Balch Pit presently contains imported fill
material of various permeability. In most cases, the imported material has lower
permeability than would occur without the fill. Portions of the site are at a lower
elevation than surrounding and previously existing terrain. Surface water runoff and
precipitation collects in portions of the site on less permeable material placed as part of
the fill operation.
•
Mr.Mark Segale
May 4, 2000
Page3
In addition to the fill and reclamation activities,the property owners have entered into an
agreement with the City of Renton to allow the discharge of storm water overflow from
Monroe Avenue NE to the Upper Balch Pit property. This agreement has been in place
since November 1996. This agreement is valid through May 2006 or until the City of
Renton provides adequate capacity to their storm drain system to accommodate surface
water runoff from the roadway. Under current conditions, storm water flows to the site
via an 18-inch diameter pipe and is discharged as overland flow, eventually collecting in
the lower portion of the Upper Balch Pit property.
CONCLUSIONS
A review of applicable regulations indicates that the site would not meet the criteria
necessary to be considered a jurisdictional wetland. As stated previously, COE
regulations generally do not consider active sand and gravel excavations to be wetlands.
State and federal manuals exclude properties with human-induced hydrology from being
considered wetlands. The Upper Balch Pit is an excavated depression in an upland area
that also receives off-site surface water runoff from a storm water drainage system. Site
hydrologic conditions are human-induced and would cease after discharges are
discontinued and site reclamation is complete.
City of Renton regulations likely would preclude the property from being considered a
regulatory wetland. The excavation was intentionally created from a non-wetland area, is
a legally permitted fill site, exhibits wetland hydrology as a result of compacted fill
material, and it is unlikely that the COE would consider the property to be a jurisdictional
wetland.
LIMITATIONS
We have prepared this report for the exclusive use of Segale Business Park and their
consultants. No other person or agency may rely upon the information, analysis, or
conclusions contained herein without permission from them.
The determination of ecological system classifications, functions,values, and boundaries
is an inexact science, and different individuals and agencies may reach different
conclusions. With regard to wetlands, the final determination of their boundaries for
regulatory purposes is the responsibility of the various resource agencies that regulate
development activities in wetlands. We cannot guarantee the outcome of such agency
determinations. Therefore, the conclusions of this report should be reviewed by the
appropriate regulatory agencies prior to any detailed site planning or construction
activities.
We warrant that the work performed conforms to standards generally accepted in our
field, and was prepared substantially in accordance with then-current technical guidelines
Mr.Mark Segale
• , May 4,2000
Page 4
and criteria. The conclusions of this report represent the results of our analysis of the
information provided by the project proponents and their consultants,together with
information gathered in the course of this study. No other warranty, expressed or
implied, is made.
Thank you for the opportunity to prepare this material for you. We hope this information
is useful. Attached is a statement of qualifications for Raedeke Associates, Inc. and a
copy of my resume for your use. If you.have any questions,please do not hesitate to call
me at(206) 525-8122.
Respectfully submitted,
RAEDEKE ASSOCIATES, INC.
v
Christopher W. Wright
Soil and Wetland Scientist
LITERATURE CITED
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.
Technical Report Y-87-1,US Army Engineers Waterways Experiment Station,
Vicksburg, Mississippi. 100 pp.
Federal Register. 1986. 40 CFR Parts 320 through 330: Regulatory programs of the
Corps of Engineers; final rule. Vol. 51.No. 219.pp. 41206-41260, U.S.
Government Printing Office, Washington,D.C.
Renton, City of. 2000. Sensitive Areas Ordinance-4835. City of Renton
Planning Commission. 130 pp.
U.S. Army Corps of Engineers. 1991a. Special notice. Subject: Use of the 1987
wetland delineation manual. U.S. Army Corps of Engineers, Seattle District.
August 30, 1991.
•
• Mr.Mark Segale
• May 4, 2000
Page 5
U.S. Army Corps of Engineers. 1991b. Memorandum. Subject: Questions and answers
on the 1987 manual. U.S. Army Corps of Engineers,Washington D.C. October
7, 1991. 7 pp. including cover letter by John P. Studt, Chief,Regulatory Branch.
U.S. Army Corps of Engineers. 1992. Memorandum. Subject: Clarification and
interpretation of the 1987 methodology. U.S. Army Corps of Engineers,
Washington D.C.,March 26, 1992. 4 pp. Arthur E. Williams,Major General,
U.S.A. Directorate of Civil Works.
U.S. Army Corps of Engineers. 1994. Public Notice. Subject: Washington regional
guidance on the 1987 wetland delineation manual. May 23, 1994, Seattle District.
8pp.
U.S. Army Corps of Engineers. 1997. Final regional conditions,401 water quality
certification conditions, Coastal Zone management consistency responses, for
Nationwide permits for the Seattle District Corps of Engineers for the state of
Washington. March 5, 1997. Special Public Notice. Seattle District. 72 pp.
Walker Associates, Inc. 1960. Aerial photograph,negative number KC-60,14S-9. June
27, 1960
Washington Department of Ecology. 1997. Washington state wetland identification and
delineation manual. March 1997. Publication No. 96-94. 88 pp.plus
appendices.
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•
SEGALE BUSINESS PARI4
P.O. Box 88028
Tukwila, WA 98138 Date 6/7/00 Job No.
(206) 575-2000 Attention:
Mr. Steve Taylor, Project Manager
Fax: (206) 575-1837 RE: Balch Grade and Fill
Project #LUA-00-064,SP,ECF
City of Renton
TO Planning/Building/Public Works Dept.
1055 S. Grady Way
Renton, WA 98055
WE ARE SENDING YOU UAttached 0 Under separate cover via the following items:
0 Shop drawings 0 Prints ❑Plans ❑Samples ['Specifications
131 Copy of letter ❑Change order 0 Fax ❑
Copies Date NO. Description
1 5/25/00 Road Maintenance Agreement with King County
(fully executed)
THESE ARE TRANSMITTED as checked below:
0 For approval 0 For review and comment 0 As requested
Ul For you use 0 Approved as submitted 0 Approved as noted
REMARKS: This represents an update of the road maintenance agreement that
had been required by the City with the previous Balch fill permit.
COPY TO '
SIGNED( l
Mark Hancock
' r '
SEGALE BUSINESS PARK
%tf. A LA FLANTA LLC TRADE NAME
May 25, 2000 ;ay 0
2
11 ��
Mr. Rodney G. Hanson, Manager
KING COUNTY NATURAL RESOURCES DEPARTMENT
'vG`'�
Solid Waste Division
201 S. Jackson Street
Seattle, WA 98104
RE: Upper Balch Fill and Reclamation
City of Renton File No. LUA-00-064
Dear Mr. Hansen:
This letter is written to confirm the agreement between King County and
Segale Business Park (SBP) concerning SBP's contribution toward the
ongoing maintenance of a portion of Jefferson Avenue N.E., in Renton,
Washington. This concerns our continued filling of the Upper Balch Pit
(located at the 300 block of Monroe Ave., between Monroe Ave. and
Jefferson Ave. N.E.). As you are aware, our access is via Jefferson Ave
N.E..
We have submitted the above referenced application to the City of Renton
concerning the placement of 1 ,000,000 cubic yards of material on the site
over a ten-year period.
We recognize that Jefferson Avenue N.E. must be maintained and upon
issuance of a fill permit, we are willing to participate in maintenance of this
• road, such as asphalt overlay, to the extent we contribute to the need for
such maintenance and at such time as an overlay is deemed necessary: We
agree that the costs of the overlay will be shared by King County and SBP
based upon the proportionate share of materials hauled over the roadway
jointly used by the parties (in the area from the Upper Balch Pit Gate to the
intersection of Jefferson Ave. N.E. and N.E. 3`d/N.E. 4t). We also agree that
this "proportionate share" will be determined using the standard King County
Roads Division formula. SBP will provide King County with the same
information SBP provides to the City of Renton regarding the quantity of
materials placed in the pit (volume of materials and number of truck trips) so
that the proportionate share calculations may be made.
PO Box 88028 • Tukwila,WA 98138-2028
18000 Andover Park W • Suite 200 • Tukwila, WA 98188-4798
Telephone 206 575-2000 • Fax 206 575-1837
This letter has been prepared in duplicate. We trust that this accurately sets
forth our agreement, and we ask that you sign and return one original to us
for our records, so that we can forward to the City of Renton's Hearing
Examiner, evidence of our agreement with you on this matter.
Thank you for your attention to.this matter.
Very truly yours,
LA PIANTA LLC
a Washington limited liability company
dba Segale Business Park
By Metro Land Development, Inc.
a Washington corporation
its Manager
/ye
G(..1
Mark A. Se,a e
Vice Preside
APPROVED AND AGREED effective as of the date first above written.
KING COUNTY NATURAL RESOURCES DEPARTMENT
BY:
Rodney G. Hansen
TITLE: Manager
City enton Department of Planning/BuildingWit Works
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: 1/�� C� COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&.Fill WORK ORDER NO:. 78691
LOCATION: 301 Monroe Avenue NE
•
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross: N/A
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g.Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation •
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural .
Natural Resources Preservation
Airport Environment
10,000 Feet
�j y14�000 Feet
r/t/lam. a 6:3) . / LQ2�� ,
B. POLICY-RELATED COMMENTS
,. moo 0 � 4(.
C. CODE-RELATED COMMENTS
, 49-j®c /-a 1 L
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas wher additional information i eded to properly assess this proposal.
a/ CO
Signature of Director or Authorized Representative Da
/
9 p
Routing Rev.10/93
City of I Dn Department of Planning/Building/Public _. _rks
ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: -frad4 iNeic_ (6 COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000 CRV{CES
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor cu-vOF R{S�►TON
CITY O
PROJECT TITLE: Balch Pit Grade& Fill WORK ORDER NO: 78691 260
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres BUILDING AREA(gross): N/A RECEIVED
SUMMARY OF PROPOSAL: The applicant, Segale Business Park, is requesting Environmental (SEPA) Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services _
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
ONE
C. CODE-RELATED COMMENTS
A/OA/G
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas whe additional information is need d to properly assess this proposal.
44 - 6/Wed
Si ature of Directo r Authorized Representati d Date
Routing Rev.10/93
City of 1......on Department of Planning/Building/Pubh_ ..,irks v 00
K,e5
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT: � ] &IQJOf COMMENTS DUE: JUNE 14, 2000
tv
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,20C9
pn
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor R �!/
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691 MAY 3 1 2000
LOCATION: 301 Monroe Avenue NE ECONOr.„,
NEIGHBORHOODS
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross): N/A _ AND smarEGtcPLANNING
SUMMARY OF PROPOSAL: The applicant,Segale Business Park,is requesting Environmental (SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use ' Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation.
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
•
C. CODE-RELATED COMMENTS
We have iewed t is ligation with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas a• . n-1 inf+rma t 's needed to properly assess this proposal.
'yr .i a4/.
Si 0),
o irector or orized Representative Date
Routing Rev.10/93
, ,,--0._
(---
,. ,
City ofRITIP n Department of Planning/Building/Public Arks
ENVIRONMENTAL & Dr= VELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT �� p ' }1;` �'.ii �'isr COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691 ID E C t 0 v E 0
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres BUILDING AREA •ross : N/;• • MAY 3 i 2DoU
SUMMARY OF PROPOSAL: The applicant,Segale Business Park, is requesting Environmental (SEP Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-millio • cubic yarcll �� •IT '- •g
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 982, becni�ej-0:.4ill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expire• in ei'r= , . .
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g.Non-Code)COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
. 104
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
4.)4
We have reviewe this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas whe addi,onal informatio needed to properly assess this proposal. /
l ®d
Signature f rector uffttorized a sentative Date
Routing Rev.10/93
City of ton Department of Planning/Building/Public ___rks K,Wus
ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET
REVIEWING DEPARTMENT:ITri 6prjr1-4 V/ i COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade&Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: The applicant, Segale Business Park, is requesting Environmental (SEPA) Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over a time-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural.
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
B. POLICY-RELATED COMMENTS
C. CODE-RELATED COMMENTS
'VD CO WI VUI v"vl •
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas where additional information
is needed to properly assess this proposal.
Signature of Director or Authorized Representative Date
Routing Rev.10/93
Cit; _._2u�.nton Department o' "tanning/Building/. __h _ irks
ENVIRONMENTAL & DEVELOPME T APPLI _ ,. ION REVIEW SHEET
REVIEWING DEPARTMENT: PO I�E� COMMENTS DUE: JUNE 14, 2000
APPLICATION NO: LUA-00-064,SP,ECF ' DATE CIRCULATED: MAY 31,2000
APPLICANT: La Pianta LLC PROJECT MANAGER: Steve Taylor
PROJECT TITLE: Balch Pit Grade.&Fill WORK ORDER NO: 78691
LOCATION: 301 Monroe Avenue NE
SITE AREA: approx. 14.4 acres I BUILDING AREA(gross): N/A
SUMMARY OF PROPOSAL: The applicant,,Segale Business Park, is requesting Environmental(SEPA)Review and Hearing
Examiner approval of a Grade and Fill permit. The proposal includes the importing of one-million cubic yards of fill into an existing
sand/gravel pit over atime-frame of ten-years. The upper Balch Pit was permitted from 1962 to 1982, becoming an upland fill and
reclamation site in 1982. The previous approval to conduct fill and reclamation on the site expired in February of 1998. The
proposed fill activity,which would complete the restoration of the site,would require an Annual Grading License each year for the
length of the proposed activity.
A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS
Element of the Probable Probable More Element of the Probable Probable More
Environment Minor Major Information Environment Minor Major Information
Impacts Impacts Necessary Impacts Impacts Necessary
Earth : Housing
Air Aesthetics
Water Light/Glare
Plants Recreation
Land/Shoreline Use Utilities
Animals Transportation
Environmental Health Public Services
Energy/ Historic/Cultural
Natural Resources Preservation
Airport Environment
10,000 Feet
14,000 Feet
Loco rto-/-
B. POLICY-RELATED COMMENTS
•
C. CODE-RELATED COMMENTS
We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or
areas where additional information is needed to properly assess this proposal.
Signature of Direct r�thorized Representative Date
Routing Rev.10/93
....DEVELOPMENTEVE ..:........ .DIVf.SIO. .................::::..................:. ..�..:::::.:..:. .....
LIST OF SURROE NDING..._PR.OPERTY OWNERS
300.: ;
........ i h n. feef of the.<sub .................................
........... . :...::....:.:....... ........ ..................... .. ........ ....
PROJECT NAME: Upper. Balch Pit Grade and Fill
APPLICATION NO: LUA ',•ii . 0(04 e
The following is a list of property owners within 300 feet of the subject site. The Development Services
Division will notify these individuals of the proposed development.
NAME ADDRESS .ASSESSOR'S PARCEL
NUMBER •
King County .500: - 4th Ave 162305 9003
Seattle, WA 98104
Halle von Vougtlander 14631 N. Scottsdale Rd 162305 9052
Scottsdale, AZ 85254
U-Haul Real Estate Co P.O. Box 29046 - 162305 9058
Phoenix, AZ 85038
SCI Management Corp 1929 Allen Pkwy . 162305 9079DEVELOPMENT PLANNING
Houston, TX 77019 CITY OF RENTON
Faskco 'Inc. 3205: NE 4th St . 162305 9111 . MAY 2 3 2000
Renton, WA 98056 RE,C NE p
Kenneth & Donna Harms 3205 NE 4th St 162305 91.12
i
Renton, WA 98056
Halle von Vougtlander .14631 N. Scottsdale Rd . 162305 9128
Scottsdale, AZ 85254
King County 500 4th Ave . 162305 9130
Seattle, WA 98104
King County 500 KC Admin Bldg #A 162305 9133
Seattle, WA 98104 •
City of Renton \200 Mill Ave So. 162305 9134
Rentdn, WA 98055
City of Renton 50.0 - 4th Ave. , #500 • 162305 9135 •
Seattle, WA 98104
•
•
(Attach additional sheets, if necessary)
(Continued)
NAME ADDRESS ASSESSOR'S PARCEL
NUMBER
Applicant Certification
Mark Hancock , hereby certify that the above list(s) of adjacent property
(Print Name)
owners and their addresses were obtained from:
❑ City of Renton Technical Services Records
tf Title Company Records
❑ King County Assessors Records
Signed �� -- Date 1144.ti /I)ZOO
(Applicant) .
NOTARY
ATTESTED: Subscribed and sworn before me, a Notary Public, in and for the State of Washington,
residing at V.9o�la on the l (-day of ,
2a
Signed �Gn�Eq�3R pEE L. HULL,JR.
(Notary Public) i NOTA 6Y P ��C
�,rt� ,,JT�1l�►,�I I(1lUTOfiI
:.:::::.For.CltY..of Renton:Use:.::;::.;:.;;:.;:.;:.:.:w;.:;.:.: . ..:�g±.�:t.BI✓R..'t.�:::20t1�:.;:.::::,.;.;:.:.;:.;::.;:.;:.
i m I e
ea;ch:.11sted.; ro ,ert .;owner.::on,>::;:�,�t�. - ::.:..:::;::.:::>:; :..::::.�::.:.:.:�:::::::,:.:.:::::.�:.;.:>•.::;.:.;::;.>:::;..:�.:.:::.;::.;::.;:.;;>:.;;:.;::.::.;::.;:..,.:.;..;:::.�:
SI ed ; ..� i�r � � .: ;::;:::;>:;::::::;::>:::<:>;;:;:::;>:::::<: Date:>:><>.:::::.:. :::: ..:::::>::<;><;:>;>:::::>::::::;::•:'::;:.:..�>:::>:>::::;;:::::;:;:>:;::::>;»::>:::::><»>:
: ::< :> :•. ::.. : >:
•
•
•
6ti
•
29 ...._.•...:n; S be re<me° Notary P . IIlc_x;m and:for the State of.Washington residing:;
r CPI: n
Signed�.::....... ........ ..... ��..-'�"�-�/�,•t ,..., .: ...... . . . . .::.;:.�;:.:..;..:....:•:..:.:::.::;:..::.:.: .:.::�::.::..:::.;;::........::.:::.;::.;..:.:.::.;..:;.
listprop.doc
REV 07/98 MARILYN KAMCHEFF '"
•
MY APPOINTMENT EXPIRE:6-29.03 2
Comments on the above application must be submitted in writing to Steven Taylor,Project Manager,Development
�rtY O Services Division,1055 South Grady Way,Renton,WA 98055,by 5:00 PM on June 14,2000.This matter Is also
U scheduled for a public hearing on July 18,2000,at 9:00 AM,Council Chambers,Seventh Floor,Renton City Hall,1055
. I I South Grady Way,Renton.If you are Interested In attending the hearing,please contact the Development Services
,y I Division,(425)430-7282,to ensure that the hearing has not been rescheduled.If comments cannot be submitted in
writing by the date indicated above,you may still appear at the hearing and present your comments on the proposal before
_ ��N��� - add the itional Hearinginformation by miner. ma I pou leasve e contact ct the projectons about this pmanager.Anyosal,or one whoubmits writteno be made a party of record and comments will
,
automatically become a party of record and will be notified of any decision on this project.
NOTICE OF APPLICATION
AND PROPOSED DETERMINATION OF NON- CONTACT PERSON: STEVEN TAYLOR (425)430.7219
SIGNIFICANCE (DNS) PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION .
DATE: May 31,2000
LAND USE NUMBER: LUA-00-004,SP,ECF
APPLICATION NAME: BALCH PIT GRADE 8 FILL
PROJECT DESCRIPTION: The applicant,Segale Business Park,is requesting Environmental(SEPA)Review and
Hearing Examiner approval of a Grade and Fill permit.The proposal Includes the Importing of one-million cubic yards of
fill into an existing sand/gravel pit over a time-frame of ten-years.The upper Balch Pit was permitted from 1962 to 1982,
becoming an upland fill and reclamation site in 1982. The previous approval to conduct fill and reclamation on the site :' itg. I11 R 444 M . ,(�
expired in February of 1998.The proposed fill activity,which would complete the restoration of the site,would require an 1j VI la�" �r vl I NE;EIA-�
Annual Grading License each year for the length of the proposed activity. r EA
-�!s n� I G
PROJECT LOCATION: 301 Monroe Avenue NE(Between Jefferson Avenue NE and Monroe Avenue NE, .southofNE4 Street) RM—I
OPTIONAL DETERMINATION OF NONSIGNIFICANCE(DNS):As the Lead Agency,the City of Renton has determined • a n?that significant environmental impacts are unlikely to result from the proposed project.Therefore,as permitted under the1. y' IRCW 43.21C.110,the City of Renton Isusing the Optional DNS process to give notice that a DNS is likely tobe Issued. ?- -A" _ CS~-J CS_
Comment periods for the project and the proposed DNS are integrated into a single comment period.There will be no •,
comment period following the Issuance of the Threshold Determination of Non-Significance Mitigated(DNS).A 14-day NE"""• —
appeal period will follow the Issuance of the DNS. / p r
L
PERMIT APPLICATION DATE: May23,2000 St. uomx ,
ii
NOTICE OF COMPLETE APPLICATION: May 31,2000 �v ( R—B _ .
R-10 /
Permits/Review Requested: Environmental(SEPA)Review,Hearing Examiner Grade and FIII Permit ,
Other Permits which may be required: Annual Grading License. - NE find Et.
a^ ~
Location where application may
be reviewed: • Planning/Building/Public Works Division,Development Services Department, IL(P)
1055 South Grady Way,Renton,WA 98055 r
PUBLIC HEARING: Public hearing scheduled for July 18,2000 before the Renton Hearing Examiner
inI
w Council Chambers.Hearings beginat 9:00 AM on the 7th foot of the
new •
Rent
Renton City Hall located at 1055 GradydySouth.
aulh.
CONSISTENCY OVERVIEW: — I —
Land Use: The subject site is designated Residential Options(RO)on the City of Renon's
Comprehensive Plan Land Use Map and Residential—10 Dwelling Units per Acre
(R-10)on the City's Zoning Map.The proposed fill activities are associated with
the restoration of the site and are not in conjunction with a proposed development
proposal.Therefore,the project is consistent with both the RO and R-10
designations.
Environmental Documents that
Evaluate the Proposed Project: None known.
Development Regulations
Used For Project Mitigation: The project will be subject to the City's SEPA Ordinance,Zoning Code,Public I
Works Standards,Uniform Building Code,Unifoml Fire Code end other •
applicable codes and regulations as appropriate.
- - ---
- -- ' NOTICE OF PROPOSED ENVIRONMENTAL APPLICATION '
CERTIFICATION
I, Andre( 11) 3,,,,,, , hereby certify that_ _ 3 copies of the above
document were posted by me in 3 -cons• picuous places on or nearby
•
• • the described property on .TA,, ( Z oo G
Signed: I ---
ATTEST: Subcribed and sworn before me,a Nortary Public,in and f the State of
Washington residing`u 41�„,,--14)-7(-, , on the 13`i' - day of p .
a a J o- A •
MARILYN KAMCHEFF
o -� , :� NOTARY PUBLIC
STATE OF WASHINGTON
MARILYN . „ I COMMISSION EXPIRES
MY APPOINTMENT EXPIRES:6.29.00 JUNE 29, 2003
— — a — - v -6- -�
CITY )F1 RENTON
?'tx, ),54.):,,.::„.
Planning/Building/Public Works Department
Gregg Zimmerman P.E.,Administrator
Jesse Tanner,Mayor
May 31, 2000
Mr. Mark Hancock ,
La Pianta LLC
Segale Business Park
PO Box 88028
Tukwila,WA 98138 •
SUBJECT: Balch:Pit Grade& Fill
Project No. LUA-00-064,SP,ECF
Dear Mr. Hancock: .
The Development Planning Section of the City of Renton has determined that the subject
application is .complete according to submittal requirements and, therefore, is accepted
for review.
•
It is tentatively scheduled for consideration by the Environmental Review Committee on
June 27, 2000. Prior to that review, you will be notified if any additional information is
required to continue processing your application.
The date of Tuesday, July 18, 2000 at 9:00 a.m., has been set for a public hearing to
review the above-referenced matter. The hearing, before Mr. Fred Kaufman, Renton
Hearing Examiner, will be held in the Council Chambers on the seventh floor of City Hall,
1055 South Grady Way, Renton, WA. The applicant or representative(s) of the applicant
is required to be present at the public hearing. A copy of the staff report will be mailed to
you one week before the hearing.
Please contact me, at.(425)430-72.19, if you have any.questions:
Sincerely,
---.-2°.D
Steve Taylo
Project Manager
Arrorfanrp
1055 South Grady Way-Renton,Washington 98055
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" � �• PROJECT OR DEVELOPMENT NAME:
NAME: La Pianta LLC Upper Balch Pit Grade and Fill
PROPERTY/PROJECT ADDRESS(S)/LOCATION:
ADDRESS: P.O. Box 88028 • West side of Monroe Ave. NE
approx. 330' so. of intersection NE 4th
CITY: Tukwila, WA ZIP: 98138 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S):
162305-9059-01
TELEPHONE NUMBER: 206/575-2000 EXISTING LAND USE(S):
undeveloped fill
1 site
PROPOSED LAND USES:
NAME: fill site (continuation)
no development planned at this time
COMPANY (if applicable): Segale Business Park EXISTING COMPREHENSIVE PLAN MAP DESIGNATION:
R-0 (Residential Options)
ADDRESS: P.0. Box 88028 PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable):
n/a
CITY: Tukwila, WA • ZIP: 98138 EXISTING ZONING: -0-f?\�0N��
o O
R-10 Ey �� �d%a
. TELEPHONE NUMBER: _ 206/575-2000 Cl.���
PROPOSED ZONING (if applicable):
SITE AREA (SQ. FT. OR ACREAGE):
NAME: Mark Hancock
approx. 14.4 acres
COMPANY (if applicable): Segale Business Park PROJECT VALUE:
n/a
ADDRESS: P.O. Box 88028 IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA?
yes, zone 2
CITY: Tukwila, WA zIP: 98138
IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY
SENSITIVE AREA?
TELEPHONE NUMBER: 206/574-0110, 206/575-2000 site shown on City steep slope map
•
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E 1/2, NE 1/4, NW 1/4 of Section 16, T23N, R5E, W.M.
except the north 330 feet; and except the east 30 feet
for right-of-way.
Situate in the City of Renton, County of King, State of Washington
�1'7iii Pt.
::::::::::::.:::::.:::::::::::.::::::.:::::::.........:.......,........:...PP.........:.::...:..:GYP PP..Y.........�.,.:.....:..,...:................,............:..:..:.:.::.,:,:,...:::...:.:......:............................
ANNEXATION $ SUBDIVISION:
_ COMP. PLAN AMENDMENT $
_ REZONE $ LOT LINE ADJUSTMENT $
_ SPECIAL PERMIT $ _ SHORT PLAT $
_TEMPORARY PERMIT $ _TENTATIVE PLAT $ •
_ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $
_ SITE PLAN APPROVAL $ _ FINAL PLAT $
X GRADE & FILL PERMIT $ 2,000.00
(NO. CU. YDS: 1,000,000 ) PLANNED UNIT DEVELOPMENT: $
_VARIANCE $.
(FROM SECTION: ) _ PRELIMINARY
_WAIVER $ FINAL
WETLAND PERMIT $
_ ROUTINE VEGETATION MOBILE HOME PARKS: $
MANAGEMENT PERMIT $
_ BINDING SITE PLAN $
SHORELINE REVIEWS:
SUBSTANTIAL DEVELOPMENT $—
CONDITIONAL USE $
_ VARIANCE
_ EXEMPTION $No Charae X ENVIRONMENTAL REVIEW $ 500.00
REVISION $ POSTAGE (11 x .33) $ ' 63
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I, (Print Name) Mark A. Segal e ,declare that I am (please check one)X the owner of the property involved in this application,_the
authorized representative to act for the property owner(please attach proof of authorization),and that the foregoing statements and answers herein
contained and the informati erewith submitted are in all respects true and correct to the best of my knowledge and belief.
any
ATTEST: Subscribed and sworn to before m rY •*-
• LA PIANTA LLC for the State of�(oS .w� Jresiding at U L,JR.
a Washington 1 im' ed liability company ,�� . on the s''"a l,�l' $R�( PUBLIC
STATE OF WASHINGTON
by: Metro Land evelopment, Inc. COMMISSION EXPIRES
Its Manager DECEMBER 15, 2003
by: Mark A. Segale •
Title: Vice Presi dent (Signature otary Public)
h ct o f e c t b C to
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MASTERAP.DOC REVISED 8/97
SEGALE BUSINESS�� INE PARK
�i A LA PIANTA LIMITED PARTNERSHIP TRADE NAME
May 23, 2000
Ms. Laureen Nicolay G4 n nc3. a1,-t); _y'sip SG
Senior Planner
Development Services Division A� `fi U
PlanningBuilding/Public Works
City of Renton .t,=''�",5 -
Renton City Hall—6th Floor % °k�
1055 So. Grady Way
Renton, WA 98055
RE: Special Grade and Fill Permit
Upper Balch Pit, 300 block of Monroe Avenue NE
Dear Ms.Nicolay:
We are submitting herewith our application package for a new Special Grade and Fill Permit to
allow us to continue the filling and reclamation of the Upper Balch Pit in Renton. This
application will be followed at the appropriate time with an application for an Annual Grading
License.
The Upper Balch Pit is located on the west side of Monroe Avenue NE,just south of NE 4th
Street. It is a gravel borrow pit, approximately 14.4 acres in size, about 70 feet in depth, and the
property is unusable and undevelopable in its current state. There are no structures or
improvements on the site other than a paved haul road and perimeter screening fence. There are
no plans for any specific improvements or future development at this time. The proposal herein
is to obtain a new Special Grade and Fill Permit to resume the filling of the site, which is a
continuation of filling operations performed under three previous Special Permits from 1982
through 1998 (SP-032-82, SP-033-87 and SP-92-174). In keeping with Condition#3
from Special Permit SP-92-174, the drawings show fill up to elevation 325, at which point this
permit would be complete and a new permit would be required to fmish the site filling operation.
The remaining fill quantity is estimated at 1,000,000 cubic yards, and is expected to take about 10
years.
We are requesting a 10-year permit, in accordance with RMC 4-9-080-F-10 which states "Special
Permits are valid until the approved plans have been satisfactorily completed." We are requesting
the same truck hauling hours that were approved in the previous permit SP-92-174(Monday
through Friday, 8:30 AM to 3:30 PM, per ERC condition#4), and are also asking for permission
to haul and work on Saturdays. Based on Conclusion#5 of the Hearing Examiner's 3/9/93
Report and Decision, it appears that on-site work contained within the pit could still occur during
the normal City work hours. Additional information is contained in the material submitted
herewith,particularly in the attached Project Narrative and Construction Mitigation Description.
PO Box 88028 • Tukwila,WA 98138-2028
18000 Andover Park W • Suite 200 • Tukwila, WA 98188-4798
Telephone 206 575-2000 • Fax 206 575-1837
I
Upper Balch Pit Grade and Fill Application, 5/23/00, page 2
Attached please find our application package material. It consists of the following items
(item numbers are from the City Grade and Fill Permit Submittal Requirements list, and
material is included as per our pre-application meeting with Peter Rosen):
This cover letter 12 copies
1. Master Application Form 12 copies
2. Environmental Checklist w/Exhibit A 12 copies
3. Title Report 3 copies
Title Report recorded documents 5 copies
4. Mailing Labels 2 sets
5. Surrounding Property Owners List(certified) 2 copies
6. Fee Payment Checks($2,500.00+postage) 2
7. Preapp Meeting Waiver Checklist by City 5 copies
8. Project Narrative 12 copies
9. Construction Mitigation Description 12 copies
10. Neighborhood Detail Map 12 copies
11. Grading Plans, with elevations (2 sheets) 12 sets
12. Grading Elevations included in#11
13. Utilities Plan waived
14. Drainage Control Plan waived
15. Drainage Report waived
16. Wetland Letter 5 copies
17. Tree Cutting/Land Clearing Plan waived
18. Colored Display Maps 1 each
19. Rehabilitation Plan waived
20. Plan Reductions 1 8.5"x11"PMT Reduction each
1 8.5"x11"photocopy of each PMT
1 4"x6"PMT of neighborhood map
1 11"x 17" copy of neighborhood map
Soils Report waived
Please contact me if you have any questions or need additional information for your review.
Very truly yours,
SEGALE BUSINESS PARK
Mark Hancock
Contact Person
cc: Mark Segale
PROJECT NARRATIVE
UPPER BALCH PIT GRADE AND FILL
SPECIAL GRADE AND FILL PERMIT APPLICATION
CITY OF RENTON
May 1, 2000
•
The Upper Balch Pit project description and summary follows below, with items listed
as noted in#8 on page 2 of the City of Renton's Grade and Fill Permit Submittal
Requirements publication.
1. PROJECT NAME: Upper Balch Pit Grade and Fill
PROJECT SIZE: Approximately 14.4 acres
LOCATION OF SITE: West side of Monroe Avenue NE, approximately
330' south of the intersection with NE 4th St.
2. ZONING DESIGNATION OF SITE: R-10
ADJACENT PROPERTY ZONING: CA, R-8, IL(P) •
3. CURRENT USE OF SITE: Undeveloped
EXISTING IMPROVEMENTS: 6' chainlink fence around perimeter;
also a paved haul road onsite
4. SPECIAL SITE FEATURES: Currently an open gravel excavation
pit, with stable side slopes (some are
1.5:1 =33%). While the property does
appear on the City's Steep Slopes map,
the protected and sensitive slopes
conditions should not apply since this
is a mineral and resource recovery
condition. Applicant is requesting an
Exception Through Modification, as
allowed per new Ordinance 4835 page
43. Per Modification Decision Criteria
(RMC 4-9-250D.2), the proposed
work: •
a) is safe, serves to restore the
property, is screened from public
view, does not harm the
environment outside the pit, and
maintains code considerations.
(it is a continuation of an ongoing
fill operation that has been
conducted safely and cleanly).
UPPER BALCH.PIT PROJECT NARRATIVE, 5/1/00, page 2
b) does not cause injury to
neighboring properties (no water
runs offsite, and it will help them
by resulting in no adjacent slopes
and restored developable property.
Slopes have a history of stability,
and are vegetated).
c) conforms to the intent and purpose
of the Code (restoring the property).
d) is required for the use and situation
(to restore the property for dev't).
e) will not create adverse impacts to
• neighboring properties (no water
• runoff, and fill will delete slopes).
Please note that on the grading
drawings the slopes look steeper than
they actually are, due to the difference
in horizontal and vertical scales.
Attached is a section through the north
property line with the scales the same,
showing the 1.5:1 (33%) slope.
5. SOIL TYPE, DRAINAGE CONDITIONS: Sides and floor of the pit are gravel.
Water percolates quickly through the
gravel, although there are now areas
filled during the previous permits with
less permeable fill material where
water temporarily collects and
percolates more slowly. No water
drains offsite.
6. PROPOSED USE OF PROPERTY: Applicant proposes only to continue
to fill the pit. No other uses or
development are proposed at this time.
SCOPE OF PROPOSED DEV'T: Work proposed under this Grade and
Fill permit application is to continue
the filling of the Upper Balch Pit over a
ten-year period, up to elevation 325.
Applicant will grade a level site,
hydroseed, and then submit for a new
Grade and Fill permit for completion of
the fill to the final elevation and for
• final reclamation of the site.
UPPER BALCH PIT PROJECT NARRATIVE, 5/1/00, page 3
7. OFFSITE IMPROVEMENTS: N/A
8. CONSTRUCTION COST TOTAL: N/A
PROJECT FAIR MARKET VALUE: N/A
9. ESTIMATED QUANTITIES: Approximately 1,000,000 c.y.
FILL MATERIAL TYPE: Applicant intends to continue to fill the
site with various inert,non-putrescible
materials such as those allowed under the
previous Special Use Permit. Per previous
condition#14, acceptable fill materials are
limited to"clean dirt, soil, sand, gravel,
and other similar clean materials, provided
that rock and broken concrete smaller than
8 inches in diameter and minor amounts of
organic matter may be included."
10. TREES TO BE REMOVED: While the site was previously cleared
during excavation operations, some
alder and douglas fir trees have been
growing up around the bottom edges of
the pit and will need to be removed as
filling progresses upward to final
grade.
11. LAND DEDICATED TO CITY: • N/A
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CONSTRUCTION MITIGATION
UPPER BALCH PIT FILL AND GRADE
SPECIAL GRADE AND FILL PERMIT APPLICATION
CITY OF RENTON
May 1, 2000
The Upper Balch Pit project construction mitigation description and summary follows
below, through a listing of the items noted in#9 on page 3 of the City of Renton's
Grade and Fill Permit Submittal Requirements publication.
1. CONSTRUCTION DATES:
Fill would occur as material is available over the life of the permit, which is
estimated to be 100,000 c.y. per year over 10 years (summer 2000 through
summer 2010). We are requesting a 10-year Grade and Fill Permit, in accordance
with RMC 4-9-080-F-10 which states "Special Permits are valid until the approved plans
have been satisfactorily completed." We understand that the City may address changes in
regulations and codes each year during the Annual License process.
2. HOURS OF OPERATION:
Under Applicant's most recent Special Use Permit (SP-92-174),truck hauling
was restricted to the hours between 8:30 a.m. and 3:30 p.m., Monday thru Friday
(Hearing Examiner Condition#1, ERC Condition#4). Applicant agrees to be
limited to the same hours for truck hauling, and is also requesting to be able to
haul and work Saturdays. Per Hearing Examiner Conclusion#5, we would hie to
be able to perform onsite work within the pit during normal City work hours.
3. HAULING/TRANSPORTATION ROUTES:
Applicant has evaluated the possible haul routes and plans to primarily utilize
Jefferson Avenue N.E. for ingress and egress (trucks can turn around in the pit).
This route will allow traffic to be controlled via the signal light at the intersection
of Jefferson Avenue N.E. and N.E. 3rd Street. Monroe Avenue N.E. may be used
as an alternate in the event of an organized trucking effort, in which case traffic
would be controlled by the signal light at Monroe Avenue N.E. and N.E. 4th
Street. (see"Neighborhood Map")
UPPER BALCH PIT CONSTRUCTION MITIGATION, 5/1/00, page 2
4. MEASURES TO MINIMIZE DUST, TRAFFIC AND TRANSPORTATION
IMPACTS, EROSION, MUD, NOISE. AND OTHER NOXIOUS
CHARACTERISTICS:
Applicant's filling activity may result in the raising of some dust in the pit area.
This dust will be controlled with water.
To address the possibility of mud being tracked onto Jefferson Avenue N.E.,
Applicant agrees to keep the street free from such debris, and previously had
provided the City with a Street Cleaning Bond in the amount of$3,000.00 as
security for Applicant's agreement. Applicant proposes to keep this requirement
in effect, and to keep a bond in place.
Other"noxious" characteristics are not anticipated.
•
5. ANY SPECIAL HOURS PROPOSED: See#2 above.
6. PRELIMINARY TRAFFIC CONTROL PLAN: See#3 above.
May 4, 2000
OFv*40
.,
op 47-
9F ��
Mr. Mark Segale 4)'d� 04 /4/
Segale Business Park 4e0 <00e2
P.O. Box 88028
Tukwila, Washington 98138
RE: Upper Balch Pit-Regulatory Considerations
(R.A.I. #2000-011-001)
Dear Mr. Segale:
This letter is in response to the City of Renton's December 16, 1999 comment
Memorandum regarding the permit requirements for a property referred to as the Upper
Balch Pit. The Upper Balch Pit is a 14-acre property located south of NE 4th Street and
west of Monroe Avenue NE in Renton, Washington.
The Upper Balch Pit was a permitted and authorized sand and gravel excavation from
1960 to 1982. The site has been an upland fill and reclamation site since 1982. The
latest approvals to conduct fill and reclamation activities on the site expired February 26,
1998. The property owners are currently seeking approval to discharge an additional
1,000,000 cubic yards of material to complete the reclamation of the site. Previous
permitted activities on the property gave no indication of the presence of wetland
characteristics on the site and review of aerial photos showed no wetland on the property
prior to mining activities (see attached photo, Walker Associates, Inc. 1960).
The City of Renton is concerned that surface water discharges into the existing pit may
have created wetland conditions on the property. At your request, Raedeke Associates,
Inc. has prepared the following discussion of wetland criteria and regulations that should
apply to the Upper Balch Pit property.
DEFINITIONS AND METHODOLOGIES
Wetlands and streams are protected by federal law as well as by state and local
regulations. Federal law (Section 404 of the Clean Water Act) generally prohibits the
discharge of dredged or fill material into the nation's waters, including wetlands, without
a permit from the U.S. Army Corps of Engineers (COE 1997). The COE makes the final
determination as to whether an area meets the definition of a wetland, and thus, if it is
under their jurisdiction, whether any permits are required for any proposed alterations.
RAEDEKE ASSOCIATES, INC
5711 \ortheast 63rd St. Seattle, VVA 98115 (206) 525-8122
Mr. Mark Segale
May 4, 2000
Page 2
The COE defines a wetland as an area"inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions" (Federal Register 1986:41251). However, the COE generally does not
consider regulatory wetlands to include"waterfilled depressions created in dry land
incidental to construction activity and pits excavated in dry land for the purpose of
obtaining fill, sand, or gravel unless and until the construction or excavation operation is
abandoned and the resulting body of water meets the definition of waters of the United
States" (Federal Register 1986:41217).
Washington state law requires that all local jurisdictions use the Washington State
Wetlands Identification and Delineation Manual published by the Washington
Department of Ecology(WDOE 1997) to determine the presence of wetland conditions.
The WDOE wetland manual is a revision of the COE Wetlands Delineation Manual
(Environmental Laboratory 1987) and is consistent with the 1987 COE wetland
delineation manual with respect to wetland identification and delineation, and
incorporates subsequent amendments and clarifications provided by the COE(1991a,
1991b, 1992, 1994). Generally, as outlined in the 1987 wetland delineation manual,
wetlands are distinguished by three diagnostic characteristics: hydrophytic vegetation
(wetland plants),hydric soil (wetland soil), and wetland hydrology. However,both the
1987 COE manual and the 1997 WDOE manual specifically state that"if hydrophytic
vegetation is being maintained only because of human-induced wetland hydrology that
would no longer exist if the activity were to be terminated, the area should not be
considered a wetland" (Environmental Laboratory 1987:92, WDOE 1997:80).
The City of Renton has adopted regulations that require the use of the WDOE wetland
delineation manual (Ordinance 4835:49,50). The City of Renton Sensitive Areas Code
specifically excludes artificial wetlands created from non-wetland sites (Renton 2000:48)
from regulatory considerations. The City of Renton also will not regulate wetlands that
were formed in legally placed fill,have wetland hydrology provided solely by
compaction of soil and fill material, and that the COE will not take jurisdiction over
(Renton 2000:48). The City of Renton shall determine the regulatory status of an area
"based upon photographs, statements and other evidence" (Renton 2000:48).
EXISTING CONDITIONS
Upper Balch Pit was operated as a sand and gravel borrow pit for 22 years. Excavation
activities on the site ceased in 1982 and the property has since been used as an approved
and permitted fill and reclamation site. Upper Balch Pit presently contains imported fill
material of various permeability. In most cases, the imported material has lower
permeability than would occur without the fill. Portions of the site are at a lower
elevation than surrounding and previously existing terrain. Surface water runoff and
precipitation collects in portions of the site on less permeable material placed as part of
the fill operation.
Mr. Mark Segale
May 4, 2000
Page 3
In addition to the fill and reclamation activities, the property owners have entered into an
agreement with the City of Renton to allow the discharge of storm water overflow from
Monroe Avenue NE to the Upper Balch Pit property. This agreement has been in place
since November 1996. This agreement is valid through May 2006 or until the City of
Renton provides adequate capacity to their storm drain system to accommodate surface
water runoff from the roadway. Under current conditions, storm water flows to the site
via an 18-inch diameter pipe and is discharged as overland flow, eventually collecting in
the lower portion of the Upper Balch Pit property.
CONCLUSIONS
A review of applicable regulations indicates that the site would not meet the criteria
necessary to be considered a jurisdictional wetland. As stated previously, COE
regulations generally do not consider active sand and gravel excavations to be wetlands.
State and federal manuals exclude properties with human-induced hydrology from being
considered wetlands. The Upper Balch Pit is an excavated depression in an upland area
that also receives off-site surface water runoff from a storm water drainage system. Site
hydrologic conditions are human-induced and would cease after discharges are
discontinued and site reclamation is complete.
City of Renton regulations likely would preclude the property from being considered a
regulatory wetland. The excavation was intentionally created from a non-wetland area, is
a legally permitted fill site, exhibits wetland hydrology as a result of compacted fill
material, and it is unlikely that the COE would consider the property to be a jurisdictional
wetland.
LIMITATIONS
We have prepared this report for the exclusive use of Segale Business Park and their
consultants. No other person or agency may rely upon the information, analysis, or
conclusions contained herein without permission from them.
The determination of ecological system classifications, functions, values, and boundaries
is an inexact science, and different individuals and agencies may reach different
conclusions. With regard to wetlands, the final determination of their boundaries for
regulatory purposes is the responsibility of the various resource agencies that regulate
development activities in wetlands. We cannot guarantee the outcome of such agency
determinations. Therefore, the conclusions of this report should be reviewed by the
appropriate regulatory agencies prior to any detailed site planning or construction
activities.
We warrant that the work performed conforms to standards generally accepted in our
field, and was prepared substantially in accordance with then-current technical guidelines
Mr. Mark Segale
May 4, 2000
Page 4
and criteria. The conclusions of this report represent the results of our analysis of the
information provided by the project proponents and their consultants, together with
information gathered in the course of this study. No other warranty, expressed or
implied, is made.
Thank you for the opportunity to prepare this material for you. We hope this information
is useful. Attached is a statement of qualifications for Raedeke Associates, Inc. and a
copy of my resume for your use. If you have any questions,please do not hesitate to call
me at(206) 525-8122.
Respectfully submitted,
RAEDEKE ASSOCIATES, INC.
4 Ab+- —
Christopher W. Wright
Soil and Wetland Scientist
LITERATURE CITED
Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual.
Technical Report Y-87-1,US Army Engineers Waterways Experiment Station,
Vicksburg, Mississippi. 100 pp.
Federal Register. 1986. 40 CFR Parts 320 through 330: Regulatory programs of the
Corps of Engineers; final rule. Vol. 51. No. 219. pp. 41206-41260,U.S.
Government Printing Office, Washington,D.C.
Renton, City of. 2000. Sensitive Areas Ordinance - 4835. City of Renton
Planning Commission. 130 pp.
' U.S. Army Corps of Engineers. 1991a. Special notice. Subject: Use of the 1987
wetland delineation manual. U.S. Army Corps of Engineers, Seattle District.
August 30, 1991.
• Mr. Mark Segale
May 4, 2000
Page 5
U.S. Army Corps of Engineers. 1991b. Memorandum. Subject: Questions and answers
on the 1987 manual. U.S. Army Corps of Engineers, Washington D.C. October
7, 1991. 7 pp. including cover letter by John P. Studt, Chief, Regulatory Branch.
U.S. Army Corps of Engineers. 1992. Memorandum. Subject: Clarification and
interpretation of the 1987 methodology. U.S. Army Corps of Engineers,
Washington D.C., March 26, 1992. 4 pp. Arthur E. Williams, Major General,
U.S.A. Directorate of Civil Works.
U.S. Army Corps of Engineers. 1994. Public Notice. Subject: Washington regional
guidance on the 1987 wetland delineation manual. May 23, 1994, Seattle District.
8 pp.
U.S. Army Corps of Engineers. 1997. Final regional conditions, 401 water quality
certification conditions, Coastal Zone management consistency responses, for
Nationwide permits for the Seattle District Corps of Engineers for the state of
Washington. March 5, 1997. Special Public Notice. Seattle District. 72 pp.
Walker Associates, Inc. 1960. Aerial photograph,negative number KC-60,145-9. June
27, 1960
Washington Department of Ecology. 1997. Washington state wetland identification and
delineation manual. March 1997. Publication No. 96-94. 88 pp. plus
appendices.
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PHOTOGRAMMETRIC AND GIS SERVICES
12652 INTERURBAN AVE. S.
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COPYRIGHT 2000
COMPANY PROFILE
RAEDEKE ASSOCIATES, INC. was started almost 20 years ago to provide
unbiased scientific assessments of complex natural resource issues. We have a
multidisciplinary team skilled in environmental analysis, sensitive areas
identification, wetlands identification, plant and animal communities studies, and
mitigation. Our clients include government agencies, conservation and
environmental groups, private landowners and developers, and industry.
We are strongly committed toward providing a professional and unbiased
evaluation of resources. Field studies and data analysis require an objective,
scientific approach to evaluate resource issues. We help the client identify key
issues that may arise during the study, and then develop a plan to resolve the
issues in an expedient and least costly manner. Our final reports clearly identify
the resource issues and options for the client. These reports are designed so
that information is readily accessible, understandable and in a format that meets
the requirements of federal, state and local agencies.
RAEDEKE ASSOCIATES, INC. employs a team of biologists, scientists, natural
resource planners, and landscape designers with regional expertise and
international experience in wildlife and plant ecology. One of our Principals,
Kenneth Raedeke, is on the faculty at the University of Washington. Association
with the University enables us to employ other University faculty on projects, as
needed, and insures that members of our firm are up-to-date on the latest
environmental issues and scientific methodologies.
We maintain strong contacts with federal, state, local, and private environmental
agencies and do not hesitate to seek the help of these agencies in resolving
issues or for additional technical assistance.
Because of extensive experience preparing reports for projects that may
encompass thousands of acres, we know how to complete the project accurately,
on-time, and on-budget.
EXPERTISE
Our firm has expertise in and can provide the following services:
PLANT AND ANIMAL COMMUNITIES
• Environmental interpretive/educational programs
• Assessment of plant communities
• Assessment of wildlife populations
• Wildlife population and habitat modeling
• Evaluation of landuse patterns on wildlife and wildlife habitat
• .Forest management and wildlife population dynamics
• Aerial photographic interpretation/plant community mapping
Raedeke Associates, Inc. Page 1
WETLANDS
• Environmental interpretive/educational programs
• Wetland analysis including delineation, classification and description
• Creation/enhancement/restoration planting plans and specifications
• Evaluation of wetland functions and values
• Assessment of development impacts on wetland systems
• Naturalistic landscape planning and design
• Development of mitigation packages
MITIGATION
• Site selection
• Feasibility studies
• Conceptual and final design
• Construction drawing and specification preparation
• Construction cost estimate preparation
• Plant procurement assistance
• Project bid and contractor selection
• Construction observation
• Compliance and long-term biological monitoring
STREAMS
• Evaluation of stream and riparian corridors
• Stream and watershed analysis
• Assessment of fisheries habitat
• Evaluation of development impacts on stream and stream systems
• Fisheries assessment
Raedeke Associates, Inc. Page 2
PERSONNEL SUMMARY
PRINCIPALS
Kenneth J. Raedeke has a Ph.D. in wildlife ecology, with an emphasis on
wildlife-habitat relationships and management of large mammal populations. He
has been a research professor at the University of Washington, College of Forest
Resources, since 1979.
Dorothy A. Milligan Raedeke has a M.S. in wildlife conservation, with an
emphasis on bird communities in urban freshwater wetland systems. Her thesis
investigated the incorporation of wetlands in urban systems as effective wildlife
habitat.
TECHNICAL STAFF
Richard W. Lundquist, an Associate with the firm, has a M.S. in wildlife ecology,
with emphasis on forest bird communities, particularly cavity-nesting birds. He
has additional experience in old-growth forest habitats, range wildlife habitat,
general wildlife, and wetland issues.
Richard S. Fleming has a Ph.D. in zoology with an emphasis on terrestrial plant
and animal community ecology. He has broad experience in terrestrial ecological
assessments and has managed fish and wildlife studies, and mitigation plans
throughout the Pacific Northwest and Alaska.
Dale R. Herter has a M.S. in wildlife ecology, with an emphasis on impacts of
human activities on bird communities. He has additional experience in
assessment of spotted owl habitat and inventories using the federal and state
protocols.
Christopher W. Wright has a B.S. in soil and water science. He has extensive
experience with stream habitat and wetland projects, including Environmental
Impact Statements, restoration plans, and Clean Water Act Sections 404 and
401 permitting.
Terry D. Sullivan has a B.L.A. (Bachelor of Landscape Architecture). He has 10
years of experience with wetland restoration projects including stream restoration
projects. He has completed wetland mitigation site feasibility studies, restoration
design, permitting and construction documents and provided construction
observation and post-construction biological monitoring services.
Victoria T. Luiting has a M.S. in wetland ecology. She has field and research
experience in wetland systems, including monitoring, restoration, and plant
identification, particularly in estuarine wetlands.
Raedeke Associates, Inc. Page 3
TECHNICAL STAFF—CONTINUED
Emmett Pritchard has a B.S. in forestry. He has extensive experience in
delineating wetlands and preparing wetland analysis reports for submittal to local,
particularly Kitsap and Pierce Counties, state, and federal wetland regulatory
agencies.
Amy E. Payne has a B.S. in environmental science and technology and soil
science. She has field and research experience in soils and wetlands, including
conducting ecological assessments of wetland sites and developing and applying
ecological classification to riparian ecosystems.
Amy J. Stabins has a B.S. in biological sciences and a minor in wildlife biology.
She has specialized experience in spotted-owl surveying and radio telemetry.
She also has experience in various bird surveying techniques.
Gail W. Livingstone has a B.S. in landscape architecture with special emphasis
on native plant communities of the Pacific Northwest and a B.A. in art history.
She has extensive experience in graphics and cartography.
ADMINISTRATIVE STAFF
Danette M. Emberlin has 22 years of accounting and office management
experience, primarily in the consulting industry. She also has extensive training
and experience in computerized business systems.
Nichola K. Elston has a B.S. in business administration with emphasis in
marketing. She has over 7 years of experience in business administration.
Kimberly L. Clousing has a B.A. in English. She minored in journalism and has
extensive editing experience.
Raedeke Associates, Inc. Page 4
CHRISTOPHER W. WRIGHT
EDUCATION:
B.S. Agriculture
1991 Soil and Water Sciences
University of Arizona
Tucson, Arizona
PROFESSIONAL EXPERIENCE:
October 1997 to Soil and Wetland Scientist
present Raedeke Associates, Inc.
Seattle, Washington
1991 to 1997 Soil and Wetland Scientist
Shapiro and Associates, Inc.
Seattle, Washington
1991 Biological Technician/Fisheries
USDA Forest Service
Enumclaw, Washington
1990 to 1991 Student Teaching Assistant
University of Arizona
Tucson, Arizona
1989 to 1990 Biological Technician/Soils
USDA Forest Service
Flagstaff, Arizona
Raedeke Associates, Inc. Page 1
Christopher W. Wright
PROFESSIONAL ORGANIZATIONS:
Soil Science Society of America
Soil and Water Conservation Society
Society of Wetland Scientists
RESEARCH INTERESTS:
Wetland Ecology
Fisheries Management
Hydrologic Monitoring
SELECTED UNPUBLISHED REPORTS:
1999 (Raedeke Associates, Inc.) B-2 Wetland Monitoring, Snoqualmie Ridge,
Snoqualmie, Washington. November 29, 1999 report to Weyerhaeuser Real
Estate Company— Snoqualmie Ridge, Snoqualmie, Washington. 48 pp.
1999 (Raedeke Associates, Inc.) 1999 Post-Construction Wetland Monitoring,
Snoqualmie Ridge, Snoqualmie, Washington. November 1, 1999 report to
Weyerhaeuser Real Estate Company — Snoqualmie Ridge, Snoqualmie,
Washington. 82 pp. plus appendices.
1999 (Raedeke Associates, Inc.) Wetland Habitat Mitigation Plan for the Potlatch
Corporation Sawmill Site, Bovill, Idaho. September 30, 1999 report to the Potlatch
Corporation, St. Maries, Idaho. 25 pp.
1999 (Raedeke Associates, Inc.) Wetland Mitigation Plan for the McGarvey Park
Property. August 25, 1999 report to Port Blakely Communities, Issaquah,
Washington. 29 pp.
1999 (Raedeke Associates, Inc.) Wetland Technical Report for the MountainStar MPR,
June 30, 1999 report to Kittitas County, Washington. 96 pp. plus appendices.
1999 (Raedeke Associates, Inc.) Wetland Assessment for the McGarvey Park
Preliminary Plat, King County, Washington. June 8, 1999 report to Port Blakely
Communities, Issaquah, Washington. 22 pp. plus appendices.
Raedeke Associates, Inc. Page 2
Christopher W. Wright 4�,
1999 (Raedeke Associates, Inc.) Final Wetland Mitigation Plan for the Willina Ranch
(Knutsen/Fuiten Property), King County, Washington. April 30, 1999 report to Mr.
Rick Manning, Port Orchard, Washington. 29 pp.
1999 (Raedeke Associates, Inc.) Final Wetland and Stream Mitigation Plan for the
Members Club at Aldarra — Aldarra Farm Golf Course, King County, Washington.
January 29, 1999 report to the Members Club at Aldarra, Mercer Island,
Washington.
1998 (Raedeke Associates, Inc.) Wetland Assessment for the Beaverdam Tract D
Preliminary Plat, King County, Washington. August 5, 1998 report to the
Quadrant Corporation and Tayio American Corporation, Bellevue, Washington.
26 pp. plus appendices.
1998 (Raedeke Associates, Inc.) Wetland Assessment for the Beaverdam Tract E
Preliminary Plat, King County, Washington. August 5, 1998 report to the
Quadrant Corporation and Tayio American Corporation, Bellevue, Washington.
24 pp. plus appendices.
1998 (Raedeke Associates, Inc.) Wetland Assessment for the Cougar Ridge East
Preliminary Plat, Bellevue, Washington. July 23, 1998 report to Cascade Builders
and Developers, Carnation, Washington. 30 pp. plus appendices.
1998 (Raedeke Associates, Inc.) Wetland Assessment of the Overlake Parcel,
Issaquah, Washington. July 21, 1998 report to Issaquah Farm Associates,
Bellevue, Washington. 25 pp. plus appendices.
1998 (Raedeke Associates, Inc.) Wetland Habitat Restoration Plan for the SLQ
Industrial Site, Auburn, Washington. May 12, 1998 report to Sellen Construction,
Seattle, Washington. 23 pp. plus appendices.
Raedeke Associates, Inc. Page 3
Christopher W. Wright
SELECTED UNPUBLISHED REPORTS (continued):
1998 (Raedeke Associates, Inc.) Wetland Assessment of the Twin Lakes Property,
Snohomish County, Washington. May 8, 1998 report to Terra Firma
Development. 25 pp. plus appendices.
1998 (Raedeke Associates, Inc.) Wetland Buffer Restoration Plan for the McNeil Street
Extension at Northwest Landing, DuPont, Washington. April 29, 1998 report to
Weyerhaeuser Real Estate Company, Tacoma, Washington. .21 pp. plus
appendices.
1998 (Raedeke Associates, Inc.) Conceptual Wetland Mitigation Plan for the King
County Courthouse — Issaquah Site, King County, Washington. March 17, 1998
report to Langly Associates, Inc., Bellevue, Washington. 22 pp. plus appendices.
1998 (Raedeke Associates, Inc.) Conceptual Wetland Mitigation Plan for the
Knutsen/Fuiten Property, King County, Washington. February 10, 1998 report to
R.D. Manning, Inc., Gig Harbor, Washington. 26 pp. plus appendices.
1997 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the
Proposed SR 16 Roadway Improvements in Pierce County, Washington. October
1997 report to the Washington State Department of Transportation, Olympia,
Washington. (Appendix to the Draft EIS).
1996 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the Shea
Shores Development in Mason County, Washington. January 1996 report to
Mason County, Shelton, Washington. (Appendix to the Draft EIS).
1996 (Shapiro and Associates, Inc.) Analysis of Wetland Loss in the Willamette Valley
(draft). October 1996 report to the Oregon Division of State Lands, Salem,
Oregon.
1996 (Shapiro and Associates, Inc.). Wetland Monitoring Report for the Boeing
Customer Services Training Center in Renton, Washington. November 1996
report to The Boeing Company, Seattle, Washington. 63 pp.
1995 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the Wise
River to Polaris Road Improvements. November 1995 report to the Federal
Highway Administration, Vancouver, Washington. 63 pp.
1995 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the
Seattle-Tacoma International Airport Master Plan Update EIS. March 1995 report
to the Federal Aviation Administration, Washington, D.C. (Appendix G to the April
1995 Draft EIS).
Raedeke Associates, Inc. Page 4
Christopher W. Wright
SELECTED UNPUBLISHED REPORTS (continued):
1995 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the
Longacres Office Park in Renton, Washington. June 1995 report to The Boeing
Company, Seattle, Washington. 75 pp.
1995 (Shapiro and Associates, Inc.). Conceptual Wetland Mitigation Plan for the
Longacres Office Park in Renton, Washington. June 1995 report to The Boeing
Company, Seattle, Washington. 57 pp.
1994 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for N.E.
Avondale Road in King County, Washington. September 1994 report to the King
County Roads Department. (Appendix to the Draft EIS).
1994 (Shapiro and Associates, Inc.). Conceptual Wetland Mitigation Plan for the
Auburn Racetrack. July 1994 report to Auburn Racing, Inc. (Appendix to the
EIS).
1994 (Shapiro and Associates, Inc.). Functional Assessment of Wetlands at the Auburn
Racetrack and Mitigation Site. June 1994 report to Auburn Racing, Inc.
(Appendix to the EIS).
1993 (Shapiro and Associates, Inc.) Wetland Inventory of Thurston County,
Washington. January 1993 report to Thurston Regional Planning Council,
Olympia, Washington. 72 pp.
1993 (Shapiro and Associates, Inc.) City of Ellensburg Wetland Inventory: Wetland
Ratings. June 1993 report to the Washington State Department of Ecology.
1993 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the
Proposed Cherry Point Bulk Terminal Facility in Whatcom County, Washington.
August 1993 report to Pacific International Terminals, Inc., Bellingham,
Washington 102 pp.
1993 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the
Auburn Racetrack. December 1993 report to Auburn Racing, Inc. (Appendix to
the EIS).
1992 (Shapiro and Associates, Inc.). Jurisdictional Wetland Determination for the
Boeing Space and Defense Center in Kent Washington. August 1992 report to
The Boeing Company, Seattle, Washington. 82 pp.
8/98
Raedeke Associates, Inc. Page 5
Christopher W. Wright
•
CITY OF RENTON
DEVELOPMENT SERVICES DIVISION
ENVIRONMENTAL CHECKLIST
PURPOSE OF CHECKLIST:
The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to
consider the environmental impacts of a proposal before making decisions. An Environmental Impact
Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of
the environment. The purpose of this checklist is to provide information to help you and the agency identify
impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help
the agency decide whether an EIS is required.
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic information about your proposal. Governmental
agencies use this checklist to determine whether the environmental impacts of your proposal are significant,
requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or
give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or project plans without the need to hire
experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not
know" or"does not apply." Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time
or on different parcels of land. Attach any additional information that will help describe your proposal or its
environmental effects: The agency to which you submit this checklist may ask you to explain your answers or
provide additional information reasonably related to determining if there may be significant adverse impact.
USE OF CHECKLIST FOR NONPROJECT PROPOSALS:
Complete this checklist for nonproject proposals, even though questions may be answered "does not apply."
IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D).
For nonproject actions (actions involving decisions on policies, plans and programs a references in the
checklist to the words "project," "applicant," and "property or site" should bear adi'as��:proposal," "proposer,"
and "affected geographic area," respectively. o�v�so? P'S�'
Upper Balch Pit Grade and Fill Special Permit Application
May 1,2000 SC ‘
Environmental Checklist
A. BACKGROUND:
1. Name of proposed project, if applicable: Upper Balch Pit Grade and Fill
2. Name of applicant: La Pianta LLC
3. Address and phone number of applicant and contact person:
Owner: La Pianta LLC, P.O. Box 88028, Tukwila, WA 98138 206/575-2000
Applicant: Segale Business Park, P.O. Box 88028, Tukwila, WA 98138 206/575-2000
Contact Person: Mark Hancock Telephone Number: 206/574-0110
4. Date checklist prepared:
May 1, 2000
5. Agency requesting checklist:
City of Renton, Washington
6. Proposed timing or schedule(including phasing, if applicable):
Continuing
7. Do you have any plans for future additions, expansion, or further activity related to or connected
with this proposal? If yes, explain.
No.
8. List any environmental information you know about that has been prepared, or will be prepared,
directly related to this proposal.
This Environmental Checklist, dated May 1, 2000, and previous checklist 11/17/92.
9. Do you know whether applications are pending for governmental approvals of other proposals
directly affecting the property covered by your proposal? If yes, explain.
City of Renton Grade and Fill Special Permit, and subsequent Annual Grading Licenses.
10. List any governmental approvals or permits that will be needed for your proposal, if known.
City of Renton Grade and Fill Special Permit, and subsequent Annual Grading Licenses.
11. Give brief, complete description of your proposal, including the proposed uses and the size of
the project and site.
Continued filling of existing gravel borrow pit approximately 14.4 acres in size. Applicant estimates that
the site (approximately 70 feet deep)will accommodate an additional 1,000,000 cubic yards of material.
Applicant proposes to continue filling the site with non-putrescible materials such as those allowed under
Applicant's previous Special Use Permit (SP-92-174). Such materials would include clean dirt, soils,
sand and gravel and other similar clean materials, including rock and broken concrete (not asphalt
concrete)smaller than 8 inches in diameter, and minor amounts of organic materials including peat.
Upper Balch Pit Grade and Fill Special Permit Application 2
May 1,2000
Environmental Checklist
12. Location of the proposal. Give sufficient information for a person to understand the precise
location of your proposed project, including a street address, if any, and section, township, and
range if known. If a proposal would occur over a range of area, provide the range or boundaries
of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if
reasonably available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applications related to
this checklist.
The Upper Balch Pit is located on the west side of Monroe Avenue N.E., approximately 330 feet south of
the intersection of Monroe Avenue N.E. and NE 4th Street. The legal description of the site is attached
and incorporated by reference as EXHIBIT"A."
B. ENVIRONMENTAL ELEMENTS
1. EARTH
a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous,
other gravel borrow pit . Applicable items are jinrlerlinPrL
b. What is the steepest slope on the site (approximate percent slope)? 1.5:1 (33%)
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, specify them and note any
prime farmland.
Sand, gravel and random dirt.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so,
describe.
None.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill.
Continued filling of existing gravel borrow pit with an additional approximate 1,000,000 cubic
yards of non-putrescible materials. Source of fill will be surplus/excess from local project sites,
including earth materials with some organics intermixed occasionally.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally
describe.
No.
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
None.
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
Not applicable.
Upper Balch Pit Grade and Fill Special Permit Application 3
May 1,2000
Environmental Checklist
2. AIR
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile
odors, industrial wood smoke) during construction and when the project is completed?
If any, generally describe and give approximate quantities if known.
During dry-weather months, dust may be generated on the roadway and/or fill surface area as a
result of filling activities. The Applicant will control such dust with water. Some exhaust
emissions from trucks and equipment involved in the placement and grading of the fill materials.
No emissions will occur after reclamation.
b. Are there any off-site sources of emission or odor that may affect your proposal? If so,
generally describe. No.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
Not Applicable.
3. WATER
a. Surface Water:
1) Is there any surface water body on or in the immediate vicinity of the site (including
year-round and seasonal streams,saltwater, lakes, ponds,wetlands)? If yes, describe
type and provide names. If appropriate,state what stream or river it flows into.
No. (water ponds over fill within pit during wet season—see wetland letter with application)
2) Will the project require any work over, in, or adjacent to (within 200 feet)the described
waters? If yes, please describe and attach available plans.
Not Applicable.
• 3) Estimate the amount of fill and dredge material that would be placed in or removed from
surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material.
Not Applicable.
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
No.
5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan.
No.
6) Does the proposal involve any discharges of waste materials to surface waters? If so,
describe the type of waste and anticipated volume of discharge.
No.
Upper Balch Pit Grade and Fill Special Permit Application 4
May 1,2000
Environmental Checklist
b. Ground Water
1) Will ground water be withdrawn, or will water be discharged to ground water? Give
general description, purpose, and approximate quantities if known.
Surface water collected in the pit percolates into the fill/soil, and recharges the groundwater
system.
2) Describe waste material that will be discharged into the ground from septic tanks or other
sources, if any(for example: Domestic sewage; industrial, containing the following
chemicals...; agricultural; etc.). Describe the general size of the system,the number of
such systems, the number of houses to be served (if applicable), or the number of
animals or humans the system(s)are expected to serve.
Not Applicable.
c. Water Runoff(including storm water):
1) Describe the source of runoff(including storm water)and method of collection and
disposal, if any (include quantities, if known). Where will this water flow?Will this water
flow into other waters? If so, describe.
Surface water travels along the pit slopes to the pit floor where the water percolates
into the fill/soil (i.e. native sand and gravel deposits), thereby recharging the aquifer with
natural precipitation.
2) Could waste material enter ground or surface waters? If so, generally describe. No.
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if
any: No impacts.
4. PLANTS
a. Check or circle types of vegetation found on the site: Applicable items are underlined.
.,x_deciduous tree: alder, maple, aspen, other
x evergreen tree: fir, cedar, pine, other
x shrubs(scotch broom)
_grass
crop or grain
x wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
_water plants: water lily, eel grass, milfoil, other
_other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
The site has previously been cleared. The existing vegetation regrowth will be covered as the
site is filled.
c. List threatened or endangered species known to be on or near the site. None.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any: Not Applicable.
Upper Balch Pit Grade and Fill Special Permit Application 5
May 1,2000
Environmental Checklist
5. ANIMALS
a. Circle any birds and animals which have been observed on or near the site or are known
to be on or near the site: Applicable items are unrderlinerl.
Birds: Hawk, heron, eagle,annghirriq, other:
Mammals: Deer, bear, elk, beaver, other: None observe.!
Fish: Bass,salmon,trout, herring,shellfish, other: None nhservect
b. List any threatened or endangered species known to be on or near the site.
None.
c. Is the site part of a migration route? If so, explain.
No.
d. Proposed measures to preserve or enhance wildlife, if any:
After'filling/reclamation,the site will be hydroseeded, and the surface will naturally re-vegetate.
6. ENERGY AND NATURAL RESOURCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc.
Diesel will be used in engines of trucks and equipment used to place and grade the fill material.
Fuel will not be stored on site.
b. Would your project affect the potential use of solar energy by adjacent properties? If so,
generally describe. No.
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any: None.
7. ENVIRONMENTAL HEALTH
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this
proposal? If so, describe.
No.
1) Describe special emergency services that might be required.
Not applicable.
2) Proposed measures to reduce or control environmental health hazards, if any:
Not Applicable. .
Upper Balch Pit Grade and Fill Special Permit Application 6
May 1,2000
Environmental Checklist
b. Noise
1) What types of noise exist in the area which may affect your project(for example: traffic,
equipment, operation, other)?
None.
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)?
Indicate what hours noise would come from the site.
Continued levels/types of noise from truck and equipment operation. Truck hauling is proposed
to be from 8:30 a.m.to 3:30 p.m. Monday through Saturday(Monday through Friday, 8:30 a.m.
to 3:30 p.m.,was previously approved by the Hearing Examiner under Special Use Permit
SP-92-174), and operation within the pit would be during normal City work hours.
3) Proposed measures to reduce or control noise impacts, if any:
Not Applicable.
8. LAND AND SHORELINE USE
a. What is the current use of the site and adjacent properties?
SITE: Fill/Reclamation
NORTH: Retail •
SOUTH: King County Transfer Station
EAST: Greenwood Cemetery
WEST: King County Public Works Storage Yard &Shop
b. Has the site been used for agriculture? If so, describe. No.
c. Describe any structures on the site. None.
d. Will any structures be demolished? If so,what? No.
e. What is the current zoning classification of the site? R-10
f. What is the current comprehensive plan designation.of the site?
R-0
g. If applicable,what is the current shoreline master program designation of the site?
Not Applicable.
h. Has any part of the site been classified as an "environmentally sensitive" area? If so,
specify. No.
i. Approximately how many people would reside or work in the completed project?
Not Applicable.
Upper Balch Pit Grade and Fill Special Permit Application 7
May 1,2000
Environmental Checklist
j. Approximately how many people would the completed project displace?
None.
k. Proposed measures to avoid or reduce displacement impacts, if any:
Not Applicable.
I. Proposed measures to ensure the proposal is compatible with existing and projected
land uses and plans, if any:
See attached plans.
9. HOUSING
a. Approximately how many units would be provided, if any? Indicate whether high, middle,
or low-income housing.
None.
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low-income housing.
None.
c. Proposed measures to reduce or control housing impacts, if any: None.
10. AESTHETICS
a. What is the tallest height of any proposed structure(s), not including antennas; what is
the principal exterior building material(s) proposed?
Not Applicable.
b. What views in the immediate vicinity would be altered or obstructed? None.
c. Proposed measures to reduce or control aesthetic impacts, if any: None.
11. LIGHT AND GLARE
a. What type of light or glare will the proposal produce? What time of day would it mainly
occur?
None.
b. Could light or glare from the finished project be a safety hazard or interfere with views?
No.
Upper Balch Pit Grade and Fill Special Permit Application 8
May 1,2000
•
Environmental Checklist
c. What existing off-site sources of light or glare may affect your proposal?
None.
d. Proposed measures to reduce or control light and glare impacts, if any:
None.
12. RECREATION
a. What designated and informal recreational opportunities are in the immediate vicinity?
None.
b. Would the proposed project displace any existing recreational uses? If so, describe.
No.
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
None.
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects listed on, or proposed for, national, state, or local
preservation registers known to be on or next to the site? If so, generally describe.
No.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or
cultural importance known to be on or next to the site.
None.
c. Proposed measures to reduce or control impacts, if any:
•
None.
14. TRANSPORTATION
a. Identify public streets and highways serving the site, and describe proposed access to
the existing street system. Show on site plans, if any.
Monroe Avenue NE, Jefferson Ave NE, NE 4th Street (see attached plans).
b. Is site currently served by public transit? If not, what is the approximate distance to the
nearest transit stop?
No.
c. How many parking spaces would the completed project have? How many would the
project eliminate? Not Applicable.
Upper Balch Pit Grade and Fill Special Permit Application 9
May 1,2000
•
Environmental Checklist
d. Will the proposal require any new roads or streets, or improvements to existing roads or
streets, not including driveways? If so, generally describe (indicate whether public or
private).
No.
e. Will the project use (or occur in the immediate Vicinity of) water, rail, or air
transportation? If so, generally describe.
No.
f. How many vehicular trips per day would be generated by the completed project? If
known, indicate when peak volumes would occur.
None.
g. Proposed measures to reduce or control transportation impacts, if any:
None.
15. PUBLIC SERVICES
a. Would the project result in an increased need for public services (for example: fire
protection, police protection, health care, schools, other)? If so, generally describe.
No.
b. Proposed measures to reduce or control direct impacts on public services, if any.
None.
16. UTILITIES
a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service,
telephone, sanitary sewer,septic system, other.
Not applicable.
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or in the immediate vicinity which
might be needed.
None.
Upper Balch Pit Grade and Fill Special Permit Application 10
May 1,2000
•
Environmental Checklist
C. SIGNATURE
I, the undersigned, state that to the best of my knowledge the above information is true and complete. It
is understood that the lead agency may withdraw any declaration of non-significance that it might issue in
reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure
on my part.
0,
Proponent: , �i /�
LA PI NTA LLC
a Washington limite. -qility company
by: Metro Land D elopment, Inc.
Its Manager
by: Mark A. Segale
Title: Vice President
Name Printed: Mark A Segale
Date: May 1, 2000
Upper Balch Pit Grade and Fill Special Permit Application 11
May 1,2000
r
•
Environmental Checklist
EXHIBIT "A"
LEGAL DESCRIPTION
Upper Balch Pit
THE EAST % OF THE NORTHEAST '/4 OF THE NORTHWEST % OF SECTION 16,
TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., RECORDS OF KING COUNTY
EXCEPT THE NORTH 330 FEET;
AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON RIGHT OF
WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074;
AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND
MINE THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING
NO. 3875580;
. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON
Upper Balch Pit Grade and Fill Special Permit Application 12
May 1,2000
t .
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE
Transnation
A LANDAMERICA COMPANY
11111111. DEVCLOPME -_ ,.d
CITY OF _,,,;;I
rr-1
Transnation Title Insurance Company, an Arizona Corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown
herein,the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations
of the policy or policies requested. (See reverse side of this cover and inside of back cover for printed
Exclusions from Coverage and Schedule B exceptions contained in various policy forms.)
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or policies committed for have been inserted in Schedule A hereof by the Company,
either at the time of the issuance of this Commitment or by subsequent endorsements and is
subject to the Conditions and Stipulations on the back of this cover.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue such policy or policies is not the fault of the Company.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate
name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
NOTE:THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE
WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM
(OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED
PROMPTLY UPON REQUEST.
J
TRANSNATION TITLE INSURANCE COMPANY
tra‘11.0. y� By: `.�""� a 4.�I V`, o POR44roPresident
TE
O
SfPL 16,I994 �% Attest:
RIZONa *d ... t+�s eel
gtwir
Commitment-WA
Cover
COMMITMENT CONDITIONS AND STIPULATIONS
1.The term mortgage,when used herein,shall include deed of trust,trust deed, or other security instrument.
2. If th proposed insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting
the state or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and
shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
dam ge resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such know-
ledg . If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
know edge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule
B of t is Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pur-
suant o paragraph 3 of these Conditions and Stipulations.
3. Liabiliky of the Company under this Commitment shall be only to the named proposed insured and such parties included under
the de inition of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undert king in good faith, (a)to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B, or
(c)to a quire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
excee the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisi ns,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in
favor o the proposed insured which are hereby incorporated by reference and are made a part of this Commitment except as
express y modified herein.
4.Any acti n or actions or rights of action that the proposed insured may have or may bring against the Company arising out of
the stat s of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based
on and a e subject to the provisions of this Commitment.
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay
loss or dam ge, costs,attorneys'fees or expenses which arise by reason thereof:
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(10-17-92)
The following matters are expressly excluded from the coverage of this insured claimant became an insured under this policy; (c) resulting in
policy and the gompany will not pay loss or damage, costs, attorneys' no loss or damage to the insured claimant; (d) attaching or created
fees or expense which arise by reason of: subsequent to Date of Policy (except to the extent that this policy
1.(a) Any law, ordinance or governmental regulation (including but not insures the priority of the lien of the insured mortgage over any
limited to building and zoning laws, ordinances, or regulations) statutory lien for services, labor or material); or(e) resulting in loss or
restricting, regulating, prohibiting or relating to(i)the occupancy, use, damage which would not have been sustained if the insured claimant
or enjoyment of the land; (ii)the character, dimensions or location of had paid value for the insured mortgage.
any improvement now or hereafter erected on the land; (iii) a 4. Unenforceability of the lien of the insured mortgage because of the
separation in ov,nership or a change in the dimensions or area of the inability or failure of the insured at Date of Policy, or the inability or
land or any parcel of which the land is or was a part; or (iv) failure of any subsequent owner of the indebtedness, to comply with
environmental protection, or the effect of any violation of these laws, applicable doing business laws of the state in which the land is
ordinances or governmental regulations, except to the extent that a situated.
notice of the enforcement thereof or a,notice of a defect, lien or 5. Invalidity or unenforceability of the lien of the insured mortgage, or
encumbrance resulting from a violation or alleged violation affecting claim thereof, which arises out of the transaction evidenced by the
the land has been recorded in the public records at Date of Policy.(b) insured mortgage and is based upon usury or any consumer credit
Any governmental police power not excluded by(a)above, except to protection or truth in lending law.
the extent that a notice of the exercise thereof or a notice of a defect, 6.Any statutory lien for services, labor or materials (or the claim of
lien or encumbrance resulting from a violation or alleged violation priority of any statutory lien for services, labor or materials over the
affecting the land has been recorded in the public records at Date of lien of the insured mortgage) arising from an improvement or work
Policy. related to the land which is contracted for and commenced
subsequent to Date of Policy and is not financed in whole or in part by
proceeds of the indebtedness secured by the insured mortgage which
at Date of Policy the insured has advanced or is obligated to advance.
_ 111_ _111._ 7.Any claim, which arises out of the transaction creating the interest of
the mortgage insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws,
that is based on:
(a) the transaction creating the interest of the insured mortgagee
being deemed a fraudulent conveyance or fraudulent transfer; or
(b)the subordination of the interest of the insured mortgagee as a
result of the application of the doctrine of equitable subordination;or
(c) the transaction creating the interest of the insured mortgagee
2. Rights of eminent domain unless notice of the exercise thereof has being deemed a preferential transfer except where the preferential
been recorded in the public records at Date of Policy, but not transfer results from the failure:
excluding from coverage any taking which has occurred prior to Date (i)to timely record the instrument of transfer;or
of Policy which would be binding on the rights of a purchaser for value (ii)of such recordation to impart notice to a purchaser for value
without knowledge. or a judgment or lien creditor.
3. Defects, liens, encumbrances, adverse claims or other matters: (a)
created, suffered, assumed or agreed to by the insured claimant; (b) .
• not-known to the Company,not recorded in the public records at Date
of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant r to the date the
i
TRANSNATION TITLE INSURANCE COMPANY
14450 N.E. 29TH PLACE
BELLEVUE, WA 98007
Prepared for: Transnation No. 869144
Customer Reference:
BILL ARTHUR Escrow No.
Seller La Pianta
PO BOX 88028 Buyer/Borrow ---
TUKWILA, WA 98138
Attn: By `
Fo se ice n' this order call :
(4 564.6-8589/1-800-441-7701
JOHN W. JONES, MARK S . NIKLASON
or J. JAY PUGH
(FAX # (425) 646-8593)
FIFTH COMMITMENT
SCHEDULE A
EFFECTIVE DATE: May 17, 2000 at 8 : 00 A.M.
1 . Policy or policies to be issued: Amount
ALTA Owner' s Policy TO BE DETERMINED Premium (SEE NOTE 1)
Standard Policy Tax
Proposed Insured:
TO BE DETERMINED (SEE NOTE 2)
2 . Title to fee simple estate or interest in said land is at the
effective date hereof vested in:
LA PIANTA LIMITED LIABILITY COMPANY, A WASHINGTON LIMITED LIABILITY
. COMPANY, WHICH ACQUIRED TITLE AS LA PIANTA LIMITED PARTNERSHIP, A
WASHINGTON LIMITED PARTNERSHIP
3 . The land referred to in this commitment is described as follows :
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. ;
EXCEPT THE -NORTH 330 FEET;
EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON
RIGHT-OF-WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074;
AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR
AND MINE THE SAME AS RESERVED BY DEED RECORDED UNDER
RECORDING NO. 3875580;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF
WASHINGTON.
Order No. 869144
SCHEDULE B
REQUIREMENTS . Instruments necessary to create the estate or
interest to be insured must be properly executed, delivered and
duly filed for record.
EXCEPTIONS . Schedule B of the policy or policies to be issued will
contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company.
A. Defects, liens, encumbrances, adverse claims or other matters,
if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this
Commitment .
B. Standard exceptions set forth in inside of back cover.
C. Special exceptions :
1 . Real Estate Excise Tax pursuant to the authority of RCW
Chapter 82 .45 and subsequent amendments thereto.
As of the date herein, the tax rate for said property is
. 0178 .
2 . GENERAL PROPERTY TAXES and SERVICE CHARGES, as follows,
together with interest, penalty and statutory foreclosure
costs, if any, after delinquency:
(1st half delinquent, May 1; 2nd half delinquent, November 1)
Tax Account No. Year Billed Paid Balance
162305-9059-01 2000 $1, 507 .81 $753 .91 $753 .92
Total amount due, not including interest
and penalty: $753 .92
Levy Code: 2100
Assessed Value Land: $116, 000 . 00
Assessed Value Improvements : $ 0 . 00
3 . NOTICE OF TAP OR CONNECTION CHARGES WHICH HAVE BEEN OR WILL BE
DUE IN CONNECTION WITH DEVELOPMENT OR RE-DEVELOPMENT OF THE
LAND AS DISCLOSED BY RECORDED INSTRUMENT. INQUIRIES REGARDING
THE SPECIFIC AMOUNT OF THE CHARGES SHOULD BE MADE TO THE
CITY/COUNTY/AGENCY.
CITY/COUNTY/AGENCY: City of Renton
RECORDED: June 21, 1996
RECORDING NO. : 9606210966
Page 2
Order No. 869144
4 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Puget Sound Power & Light
Company, a Washington corporation
PURPOSE: Transmission line
AREA AFFECTED: As stated therein
RECORDING NO. : 2571770
5 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: Puget Sound Power & Light
Company, a Washington corporation
PURPOSE: Transmission line
AREA AFFECTED: As stated therein
RECORDING NO. : 3425304
6 . Reservations contained in deed from the State of Washington
recorded under Recording No. 3875580, reserving to the grantor
all oil, gases, coal, ores, minerals, fossils, etc. , and the
right of entry for opening, developing and working the same,
and providing that such rights shall not be exercised until
provision has been made for full payment of all damages
sustained by reason of such entry.
Right of the State of Washington or its successors, subject to
payment of compensation therefor, to acquire rights-of-way for
private railroads, skid roads, flumes, canals, water courses
or other easements for transporting and moving timber, stone,
minerals and other products from this and other land, as
reserved in deed referred to above.
7 . Right to make necessary slopes for cuts or fills upon the land
herein described as granted to City of Renton by deed recorded
under Recording No. 7809071074 .
8 . Restrictions imposed by instrument recorded on June 9, 1983,
under Recording No. 8306090718 .
9 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: City of Renton, a municipal
corporation
PURPOSE: - . A strip of land 15 feet in width
and further described within the
easement instrument herein
AREA AFFECTED: December 12, 1996
RECORDING NO. : 9612120153
10 . PREVIOUSLY DELETED
11 . PREVIOUSLY DELETED
12 . PREVIOUSLY DELETED
13 . PREVIOUSLY DELETED
14 . PREVIOUSLY DELETED
Page 3
111
Order No. 869144
NOTE 1 :
The Company has been asked to issue an owner' s policy without
disclosure of the liability amount. This commitment shall be
effective only when the amount of the policy committed for has
been inserted in Schedule A hereof . The forthcoming policy
must be issued in an amount at least equal to the full value
of the estate insured in accordance with our rating schedule
on file in the office of the Washington State Insurance
Commissioner.
The Company may have further requirements if the undisclosed
amount to be insured exceeds the current assessed valuation.
NOTE 2 :
Title will be vested in parties yet undisclosed. When title
is vested, their title will be subject to matters of record
against their names.
NOTE 3 :
PREVIOUSLY DELETED
NOTE 4 :
The current property address is not available at this time.
NOTE 5 :
The following may be used as an abbreviated legal description
on the documents to be recorded, per amended RCW 65 . 04 . SAID
ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A
COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT.
A PTN OF NE 1/4 NW 1/4 SEC 16 TWN 23 N RNG 5 E
END OF EXCEPTIONS
Investigation should be made to determine if there
are any service, installation, maintenance or
construction charges for sewer, water, or
electricity.
In the event this transaction fails to close, a
cancellation fee will be charged for services
rendered in accordance with our rate schedule.
JJP/rr -
Page 4
CLTA STANDARD COVERAGE LOAN POLICY 1990
•
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of:
1. (a)Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the
occupancy,use;or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental
regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation
or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior
to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a)whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant;
(b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant
prior to the date the insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured claimant; '
• (d)attaching or created subsequent to Date of Policy;or
(e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to
comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any
consumer credit protection or truth in lending law.
6. My claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the
operation of federal bankruptcy,state insolvency or similar creditors'rights laws.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(10-17-92)
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY(10-17-92)
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of:
1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or relating to(i)the
occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the
dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the affect of any violation of these laws,ordinances or governmental
regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.(b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior
to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects,liens,encumbrances,adverse claims or other matters:
(a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant
and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the
insured claimant; (d)attaching or created subsequent to Date of Policy;or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
estate or interest insured by this policy.
4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar
creditors'rights laws,that is based on:
(a)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer,or
(b)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(i)to timely record the instrument of transfer,or
(ii)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
SCHEDULE B STANDARD EXCEPTIONS
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY-STANDARD COVERAGE
AND CLTA STANDARD COVERAGE LOAN POLICY
1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the
public records.
2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in
possession,or claiming to be in possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey of the land would disclose,and which are not shown by the public
records.
5. Any lien,or right to a lien,for labor,material,services or equipment,or for contributions to employee benefit plans,or liens under workmen's compensation acts,not disclosed by the public
records.
6. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)Indian treaty or aboriginal rights,including,but not limited to,easements
or equitable servitudes;or,(d)water rights,claims or title to water,whether or not the matters excepted under(a),(b),(c)or(d)are shown by the public records.
7. Right of use,control or regulation by the United States of America in the exercise of powers over navigation;any prohibition or limitation on the use,occupancy or improvement of the land
resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by
water.
8. Any service,installation,connection,maintenance or construction charges for sewer,water,electricity or garbage collection or disposal,or other utilities unless disclosed as an existing lien by
the public records.
SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY-EXTENDED COVERAGE
1.Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such
proceedings,whether or not shown by the records of such agency or by the public records.
2.Underground easements.servitudes or installations which are not disclosed by the public records.
3.(a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)Indian treaty or aboriginal rights,
including,but not limited to,easements or equitable servitudes;or,(d)water rights,claims or title to water,whether or not the matters excepted under(a),(b),
(c)or(d)are shown by the public records.
4.Right of use,control or.regulation by the United States of America in the exercise of powers over navigation;any prohibition or limitation on the use,
occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any
portion of the land which is now or may formerly have been covered by water.
5.Any service,installation,connection,maintenance or construction charges for sewer,water,electricity,or garbage collection or disposal,or other utilities
unless disclosed as an existing lien by the public records.
1004-252A
f� •el. Vt�' .F I �1'
•
NORTHWEST REGION •
Washington
NORTHWEST REGION Chelan-Douglas Counties
1010 South 336th Street,Suite 215 700 N.Mission Street,Wenatchee,WA 98807
Federal Way,Washington 98003 (509)662-4721
(253)838-1054 •
Clark County
• 501 S.E.Columbia Shores Boulevard
Suite 500,Vancouver,WA 98661
(206)695-1301
S
AGENCY OPERATIONS King County
1200 Sixth Avenue,Suite 100
320 108th Avenue N.E.,Suite 651 Park Place Building
Bellevue,Washington 98004 Seattle,WA 98101
(425)452-5353 (206)628 4650
1 •
Kitsap County
COMMITMENT FOR 9619 Levin Road N.W.,Silverdale,WA 98383
(360)692-4556
TITLE INSURANCE
TITLE AGENTS •
Okanogan County
700 Okoma Drive,Suite B,Omak,WA 98841
Washington (509)422-3490
Benton . Clallam • Cowlitz • Franklin •
Pierce County
6111 100th Street S.W.
Island . Jefferson . King • Lewis Lakewood,WA 98499
(206)589-1488
Pacific. Skagit . Whatcom • Yakima
Snohomish County
• 2939 Colby Avenue, Everett,WA 98201
(206)252-1156
Oregon
Benton . Curry . Jackson Spokane County
ISSUED BY North 720 Argonne Road, Spokane,WA 99212
Klamath . Lane . Linn . Marion (509)922-2222
TRANSNATION TIME INSURANCE COMPANY
•
Polk . Umpqua • Yamhill Thurston County
Transnation 2625 Martin Way,Olympia,WA 98506
A LANDAMERICA COMPANY (206)943-4150
Oregon
HOME OFFICE: Multnomah . Clackamus • Washington Counties
• 101 Gateway Centre Parkway,Gateway One 2200 U.S.Bancorp Tower
Richmond,Virginia 23235-5153 111 S.W.Fifth Avenue
Portland,OR 97204
(503)222-9931
B 1004-252A
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tot 43.3ooijp_
a ate of WashlaStea
to ILit. G. White & Agnes J. White, hot
Fp brio r b • & annoy te op ite h & a &Moe toll foecrbd lamb
sit la 'laws ?wor, 0
rale Ett i et sect 16 top 23 II r 5 2 VW oestaintag ito aorole4i° '1‘)11,11sG
to the gercimement survey that 1.17:61')
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,•;• - ,; "' ,*k yindet'applieation Pe 18050, 318h 137118 SCSA4
to eutraii_fer right of way for co road hrtetore granted
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— •.' to .at for right of way for rr kytotere granted natter
4tion 40521
' • --- ajar, anziaddhes deeerbd lands aro eald—ein as 2957017—
.8tate SL) Ma G. Wallgrea, Oeyorner
--•:te Wawa of Deeds Attests lay J. Moms, Meet 826.7 of State
. - . frop•- gamy #11611 NI L . Whit* P.O. & 245 Roston, Va
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to Ihish ... Mite it Awes 3. its
Fp e lio st to-40.1dre nit la haws . .-
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A parties ot .tlae ,( of the MI. of met 17 tell NW 5 BAWL
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C.,••:. ,- * '-,,- ali ,:‘.,- e *r ve ipest 17 Imp XII 5 2.iAnth
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the 9 Ur" of-the [It. Glivot Read; lb 8 Wog 11, *Jag ad 8
line, likili . . Atli,.to a peas* OCaorrokith astoll-eurro to left, of .a
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of eneat- ,,,' • ea a (Mtn te .1eft, of a rtediuti 'of -.,. , ..-.,•• ,.• . ' .• .58 rk, : ':i
to al0a14014 ..100141ata th $27.29/30. lb 67•04 ft* to a -14; -4'.ig
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point ct tangent; th 8 1•2610V .1, ales the wly Lina at the ... - ..-A
Stanalloy Gravel Pit Road, 182.71-ft; th 8 T03,49 We 231.12 ft to a • _:‘•
:014 of evens th on antra to right. et a ratios: of 226.29 ft ._,:•)
U2.63 ft, to a point of tamest; th 8 31'32145° W, 4/32.11, ft; th .1
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s 89°451141a 4 /36.80 rt. to the pcb. ••,.. ,
Than J. PritchodNI l
limas B. Pritchard
-.i-t• T. Pritchard
kali Das 17.48 jr -''',-,:- fi: J. Pritchard, Italy Y. Pritchard & gloms II.
CERTIFICATE g
WHEN RECORDED RETURN TO: t, the l:::::Crsig ned, d.vYy Clerk of the K
Office of the c;:'.c'.:rk City of Renton, Washington, certify that this is a true m
Renton Municl; :V bonding
200 M Avenue south • and correct copy of / ' 1- • /0* _
Rentod fA 9SO `iD
e^
'z -v� - Subscribed and Sea!-. A - i: of I A6' 99G hs
c0 J '--' •
` a+'erkn
LLI a - CITY OF RENTON, WASHINGTON
ORDINANCE NO. 4612 w
0
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER k
SERVICE IN A PORTION OF THE SOUTH HIGHLANDS, HEATHER li
i;
DOWNS, AND MAPLEWOOD SUB-BASINS AND ESTABLISHING THEis
AMOUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. �::, `.
d
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN k
f
AS FOLLOWS:
SECTION I, There is hereby created a Sanitary Sewer
i
Service Special Assessment District for the area served by. the East
L•
1
IX Renton Sanitary Sewer Interceptor in the northeast quadrant of the •
1
3 0 City of Renton and a portion of its urban growth area within :;
914 I,
unincorporated King County, which area is more particularly
1 44 described in Exhibit "A" attached hereto. A map of the service
S
i
1 area is attached as Exhibit "B." The recording of this document is
1 to provide notification of potential connection and .interest
I charges. -While this connection charge may be paid at any time, the }
I
City does- not require payment until such time as the parcel is
j : connected to and thus benefiting from the sewer facilities. The ,
i property may be sold or in any other way change hands without
3 triggering the requirement, by the City, of payment of the charges
1 associated with this district.
a
# SECTION II. Persons connecting to the sanitary sewer •
t facilities in this Special Assessment District and which properties
it ORDINANCE 4 612
have not been charged or assessed with all costs of the East Renton
V.
Sanitary Sewer Interceptor, as detailed in this ordinance, shall
pay, in addition to the payment of the connection permit fee and in
addition to the system development charge, the following additional
fees:
A. Per Unit. Charge. New connections of residential dwelling
units or equivalents shall pay a fee of $224 .52 per dwelling unit V
Y
Ti
and all other uses shall pay a unit charge of $0.069 per square
g
foot of property. Those properties included within this Special
z
Assessment District and which may be assessed a charge thereunder f
g
g
are included within the boundary legally described in Exhibit "A" Z
CI and which boundary is shown on the map attached as Exhibit "B."
Q '
1 C
00 SECTION III. In addition to. the aforestated charges, there 1
' 0 shall be a charge of 4.11k per annum added to the Per Unit Charge. f
CD
a Q) f
The .interest charge shall accrue for no more than ten (10) years
1
1 from the date this ordinance becomes effective. Interest charges
F
o
will be simple interest and not compound interest . i
,
SECTION IV. This ordinance shall be effective upon its '
passage, approval, and thirty (30) days after publication`. r
PASSED BY THE .CITY COUNCIL this. 10th day of June A_ 1996. s'
1
1
i
1
Marilyn J etersen; City Clerk
2 .
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1
1
ORDNANCE 4 612
APPROVED BY THE MAYOR this 10th day of June , 1996.
9-44-•-4---"r-la-s--ft..c.,.-
Jes e Tanner, Mayor
Approve as to form: .
Ctu r..•,9-A Ai_../7 a74 lit,7,"-C2 A.—
li.
Lawrence J. Warren, City Attorney s
Date of Publication: 6/14/96
ORD.576:5/20/96:as.
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C441.10
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Exhibit A
LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT
FOR THE CITY OF RENTON-EAST RENTON INTERCEPTOR
Portions of Sections 8, 9, 10, 11, 14, 15, 16, 17, 21 and 22 all in Township 23N, :;
Range 5E W_M_ in King County, Washington
1
1
Section 8, Township 23N, Range 5E W.M.
All of that portion of Section 8, Township 23N, Range 5E W.M. lying East of the
East right-of-way line of SR-405 and South of the following described line:
11
Beginning at the intersection of the East line of said Section 8 with the centerline
of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its P.
intersection with the centerline of Sunset Boulevard NE; thence Northerly along
the centerline of Sunset Boulevard NE to the North line of the Southeast Va of
said Section 8; thence West along said North line to the East right-of-way line of
SR 405 and the terminus of said line. r.
07
1 CZ Section 9,Township 23N, Range 5E W.M.
co All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and F
0 East of the following described line: •
' CG x
47 Beginning on the centerline of NE 7th Street at its intersection with the centerline
a of Edmonds Avenue NE; thence Easterly along the centerline of NE 7th Street to
its intersection with the centerline of Monroe Avenue NE; thence North along said
centerline to the South line of the Northeast IA of said Section 9; thence East
1 along said South line to its intersection with the centerline of Redmond Avenue
NE;thence Northerly along said centerline to its intersection with the centerline of
1 NE 10th Street; thence East along said centerline to the East line of said Section
I 9 and the terminus of said line. €
I i
1
Section 10,Township 23N, Range 5E W.M. i
All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly 1
' and Westerly of the following described line:
1
Beginning on the West line of Section 10 at its intersection with the North line of 4
the South 1/ of the North IA of said Section 10; thence East along said North line
to its intersection with the centerline of 142nd Avenue SE; thence Southerly •
along said centerline to its intersection with the North line of the Southeast IA of '
said Section 10; thence East along said North line to its intersection with the East
line of said Section 10 and the terminus of said line. .•
sD
1 FADATAVIVAt 2.072MREVISEDSADLEOALdoc
i
Legal Description of the Sp
Assessment District
for the City of Renton-East Renton Interceptor Page 2 of 3
Section 11, Township 23N, Range 5E W.M.
All of the Southwest 1/4 of Section 11,Township 23N, Range 5E W.M..
Section 14, Township 23N, Range SE W.M. -
All of that portion of Section 14, Township 23N, Range 5E. W.M. described as
follows:
All of the Northwest V4 of said section, together with the Southwest V4 of said
section, except the South 1/2 of the Southeast 1A of said Southwest 1 and except
the plat of McIntire Homesites and / of streets adjacent as recorded in the Book t
of Plats, Volume 58, Page 82, Records of King County, Washington, and except :
the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River it
Five Acre Tracts as recorded in the Book of Plats,Volume 16, Page 52, Records of R
King County, Washington, less 12 of the street abutting said portion of Tract 6,
Cd Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less / of i.
tz the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of
q) the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less
0 1h the street adjacent to said portion of Tract 5, Block 2. i.
CG
CD Section 15,Township 23N, Range SE W.M. E
Cr)
• All of that portion of Section 15, Township 23N, Range 5E. W.M., except the
Southwest 14 of the Southwest 1/4 of the Southwest V4 of said section.
I
• i
Section 16, Township 23N, Range SE W.M. v
i • All of that portion of Section 16, Township 23N, Range 5E W.M., except that
i portion of the Southeast 1/4 of the Southeast 1/4 of the said Section 16 lying East of
I the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of
1 Plats Volume 39. page 39, Records of King County Washington and its Northerly `
s extension to-the North line of said Southeast 14 of the Southeast V4 of the said t
! Section 16 and except that portion of said section lying Southerly of the Northerly
right-of-way line of SR 169 (Maple Valley Highway). k
i I
a
i Section 17,Township 23N, Range 5E W.M.
1 All of that portion of Section 17, Township 23N, Range 5E W.M., lying 1
1 Northeasterly of the Northeasterly right-of-way of SR 169 (Maple Valley Highway)
and Easterly of the East right-of-way line of SR-405 less that portion lying
I generally West of the East andline ofBronson Southeasterly Bro Way NE lying i
.� FiDATAWEM1920771025HEV1SEDSADLEGALdoe
1
A
- Legal Description of the Special Assessment District
for the City of Renton—East Renton Interceptor Page 3 of 3
between the South line of the NE 3rd Street and the Northeasterly margin of SR-
Section 21, Township 23N, Range 5E W.M.
All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of ,
the Northeasterly right-of-way line of SR-169 (Maple Valley Highway) and West of y
the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of
Plats, volume 39, page 39, Records of King County,Washington.
i
Section 22, Township 23N, Range GE W.M.
All of that portion of Section 22, Township 23N, Range 5E W.M. described as s
follows:
All of the Northwest IA of the Northeast 'A of said Section 22 lying Northerly of the
`40 Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats,
.G'} volume 78, pages 1 through 4, Records of King County,Washington.
Together with the North 227.11 feet of the West 97.02 of the Northeast IA of the s
•
;4 Northeast'A of said Section 22.
0
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F:WATA1RE►nt tn5w2WEVISEOSADLEGALdx i
Exhibit B •
EAST RENTON INTERCEPTOR
Special Assessment District Boundary
SE 7n N
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os:vY 0. SANITARY SEWERS City Limits
+ Nit + Planing/Building/Public World
dristenaen,MacOtnie,�ute:ki E.rf...J Special Assessment District
44,N.c+'' 20 May 1996
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wer
il'i.ght Company U ez- ex„
by John�McPherson bcliland�recd `�416 D 395 :~.
o&a fog p •t.•
Sl- of S. Of SW of 10-25-5 xpg t Co Rd
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this ptl rel is and for ; 1.
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'6, 1929 fild filno 2558283p1099cM1279ting prior partial rel da July ,
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-rel fm In of mtg 885 p 139 t by �t ::` K
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CS Nov 8, 1929 :J f 3
Department of Puglia Lands Office of ., '���' r
i Commissi Gner (( ' 2571770 , z
tJ r.
in re /. L . • Orderl 2
April is�,t i e No 13788 byY ',moot t 2 , 1929 ?�f;`: r
".:',• -
utet So rid Power & •'III; _ ..;;•_:
Li lit Company for r/w for transmission tin ov /
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f;K ! j�
cert State ids in k ,- r=
Ordered and determined ta t full value of 1d included tan t sd ! , fa ...
application tog w t full value of timber tron b and t sm is heb?l ': 1= • *?�� . .
fixed and apirraised at ,;+925.00 ta ad anti tog w t statutory fee for 1 } • \ `per _
issuing a cert has been pd and t tit power priv and authority to con- .,;� "�•struct operate and maintain a transmission line over and across t ld : . f
henafter dskb may be exercised in accordance w t statutes t sd _' s� �
ld inc ,.-.,,,.� -
>nnthirr/wb i ,.�. . .
ill• f . :`y-i :
t ose pins of E1 v N�4r-' )11h
z �1, t SW4 of NWT and It 1 16-23-5 inc wn t limits of of ].d ; :-.-,, .
strip 100 ft in width hav 50 ft of we width on e c l I "-� i
aid of fog cen7.in; :,;,..:: . ! �-:
Bap on N 1in of sd sec 16 223, 16 ft W of ' 1 ' =+' �
rn th S 3°52� 10'r W 231. o r u sec Cor on sd N lip and .::� . it
8 f t S 33 03 283 W r
�, _-! •' :' �' 8 �3°44 �55" L 2118.4 rt to a pt In S lip of3655.9 ft and / , I. - -. : A-,c tt,.•: n
• 6
ft Eof SW cot tr}rr see ,6 wh is 928.11 �, �! `t' .' . , ,,. �-e =
s j to r/w for power lin to W T Baker D issued 7/ T
~'�`sj to r/w for Co l;d granted Jan l0 192 25/89 I : :_--li ': r,-�.3 U application 862 I ::__,1so s to r/w i'o ' - :1::.y4i_="•':: CSJ r transmission-_ l.ingranted to C M & St P ! ` ,I cr
tit of way henbv dskban area of 10 _ Ry 2/7�Il9 1i .•I
has �52 alms }r1t
sj to tits of State or its si�ccossor s to 1 r r ..Y. :!,I
and 1; . .. • 1: � a;,' ;4
or timber as may be isolated or cub; 8 g to reach se lde I�; - �' tr }!!'.j'
transportatio 8 off iyn access to rds or ° "` =;iL '
ri it be )stood ta no kdjsinterfere �' J �°"
(Fr 1 �x �. „ are logy to wr/w {� , • .f:�' ` 4.-5, s .=f.
-nNERMER I CA TITLE TO 957 .74117 i--.LZYT
N0'.'-i'S-19:1-2 1:3:55 FROM
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- NOV-15-1 92 13.50 . FROM N5RMER I CR TITLE TO 9575=207 F.. 10
r
•
QUIT CLAIM DEED .
The Grantor herein, M. A. Segale, Inc. , a, Washington
er corporation, for and in ceasideratlon of mutual. benefits and
i~ othe- valuable considerations, conveys and quit-claims to the -
CD City of Renton, a municipal corporation of the State of Wash-
F --. : '::::;.
ingcc.., all interest in the following described real estate:
0 The East 30 feet of the NE 1/4 of the NW 1/4
OD
^- of Section 16. Township 23 North, Range 5 East,
W.M. , EXCEPT the North 330 feet thereof. Situate
in King County, Washington.
Reserving unto the Grantor herein, and to its successors t
and assigns, the right to reasonable vehicular and pedestrian I
access , end the right to run utilities over, upon, under. and
across the described property for the benefit of Grantor's ad-
joining lands.
Grantee agrees that utilities will be available to
Grantor without "late comer" or other special charges other
than the direct coat of the installation and connection to the
Grantee's facilities. Grantee agrees to provide and maintain a
six foot high chain link fence for the full length of the property
herein conveyed adjacent to the Grantor's property. Said fence
will be erected with two forty foot gates, each having two twenty
foot hinged leaves, at locations agreeable to the Grantee and I
the Grantor.
The Grantee agrees that sloping and associated grading
required for the construction of this project shall be subject
to the prior approval of the Grantor. Grantee agrees to defend
and hold harmless the Grantor, and Grantor's auccessors, assigns,
employees and agents against any and all claims associated with
the construction and use of the road to be constructed by Grantee
on the described property.
Dated-this ;L'Y` day of ,' ;.
1978. .
•
•
•
M. A. SECALE. INC. ,
Grantor /'•
president
d A
Attest: ,2 _p1
Secretary
CITY OF RENTON. A - S .
Crant,�ee/��_
tt�•
Nor �_�TS �_7(C1f;E 7r. r.. 'i r •+,1f• , .� Attest. 9e/ .�! 04 _ -
�f,,: U Cr,,: _,> t(��y� Clerjc
NOV-19-1992 13:59 FROM J•2NEAMERICA TITLE TO • 9575320 P. 11
'. f
j STATE OF WASHINGTON )
i COUNTY OF KING ) 86 I
)
On this '? �-1.day of 1978, before me
/ ,
CD personally appeared} . A. Segale and Donna A. Segale, to me
known to be the President and Secretary of the corporation{ . ' f°CZ respectfully, and who executed the within and foregoing instru-
j gent and Acknowledged the said instrument to be the free and
f foluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they were auth-
orized to execute the said instrument and that the seal affixed
is the corporate seal of said corporation.
IN WITNESS k'HEREOF, I have hereunto set my hand and
• affixed my official seal the day and year first above written.
n an or t e
CE ..... ,'4 �State of aahington, reaidiing
i� ',�.i5 J •
at c.
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( Quit Claim Deed
Segale - City of Renton
R/w 377
-2-
I
NOU-19-1 92 1 :59 FROM '7'.11NSPMER I CP TITLE TO III
S5?5 207 T.
P. 12
::.
Sd'06'O9 , 00718 0 •-
RECO F 4.00 _ _ .
RESTRICTIVE COVENANT CASHSL -«.a.00
WHEREAS. on June 4, 1982, the Land Use Hearing Examiner for the City ' V
of Renton approved, with conditions, a Special Use Permit for filling the
following described property; and a. .
me
wrq WHEREAS, as a condition to that Special Use Permit the City has .
required that the property owner record a Restrictive Covenant regarding
an on-size sytea for charging the ground with natural precipitation; and '
C the owner desires to comply with said requirement; I,
•
nor THEREFORE, M. x. Segale, iu�., a Washington corporation, balms IIRi_
the owner of the following described premises hereby makes the following `• e
restrictive covenant in regards thereto: I .
.! :.. -
1. Legal Description of Premises "-`
'
.. ''. :
T _ East s of the Northeast h of the Northwest 4 of -
•-
Section 16. Township 23 North, Range S East, W.M.,
ring County, State of Washington.
EXCEPT the North 330.00 feet thereof;
AND EXCEPT the East 30.00 feet for right-of-way;
. LESS all coal and minerals and the right to explore •
tor and nine the same; . . . . ' -- : :: ',.,
SUBJECT TO easements,. encumbrances, restrictions and t
reservations of record. 1 • • . •
All situate in the City of Renton, County of ring,
State of Washington.
2. The owner, for and on behalf of itself and its successors, heirs
and assigns, hereby covenants and agrees that upon completion of filling
. of the above described property an on-site system for recharging the
aquafire with natural precipitation shall be installed. Such system shall
be such that natural precipitation falling on the site shs'_1 be returned -
to the ground by percolation, injection wells or other reasonable means. '
This requirement shall apply whether the land remains undeveloped or is
developed with on-site improvements. .
3. The foregoing shall be a covenant running with the land at law t
es wall as in equity and is binding upon the successors and assigns of I
the owner and all suture persons owning Interest in said property. i •
•
I. This Restrictive Covenant may, in the future, be removed by the = •
owners of the above described property by way of a termination of I
Restrictive Covenant upon a finding by the City of Renton by and through -
its Hearing Examiner that such Covenant is no longer a nocessory requirement i • '
of the City. •
- l -
NUV-i'J-i 2 i4;UU 1-KUM 'wHN6HM.K 1 LH I 1 1 LE IU ‘J:�(�•.ScU( 1-. 1.5
:;•:•, _________________Ar,
•
IN WITNESS 'HEREOF, these covenants have been executed this
day of 0e,f , 1983.
. M. A. SEGALE, INC. _—
tY
Its ci�er
////f ----
. . k
9Y:HL II'v:„�s+r �s
•
STATE OF WASHINGTON) g¢ t15 b Zt�t�lE1� -
3 s s. xRtt.a1K�
COUNTY OF I'.NG )
On this ��~ day of Gt�-.r-F _, 1983, befa� - -
undersigned, personally appeared M . c , los : a,-..7._
to be the -per. . _Ja,..A of M. A. sisG.SdirE. iC; a
corporation, the corporation that executed the foregoing ins
acknowledged said instrument to be the free and voluntary aea
• . of said corporation, for the uses and pur;oses therein sent:
oath statea that he uas authorized to execute said itistruaear. smastammsammemswemsssa
the seal affixed (if any) is the corporate seal of said cot
• WITNESS my hand and official seal the day end year last abysm
0 i c d, tea, ....._.
ROTARY- C and far > :
.. of ta.) • , xemaps..
•
a UNSItoa
• pia NI It 1105MINFr'-
i . al/=INS ansilm-
t AiiSlam.
j - 2 -
[. . I
i
..�..G..��,,.���y.��.. w...,.._..__ _. -. -
,. . �i ORIGINAL
WHEN R7Cr'7f)En RETURN To:
Office of the 6iy dark
}Renton Municipal Building RECEIVED THIS DAY
Zoo Mill Avenue South
Renton,WA 98055
er recording to: DEC ill f 14 5 AM 'SG
i La P' 'Red Partnership, • • .
d o ichols
l -r;
PO x8
ila WA 9 38
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
I .AIM
AGREEMENT
Li
in '�.l Sday N
THIS AGREEMENT, made this of , 1996, between ;
- 114 La Pianta Limited Partnership, a Washington limited partnership ("Grantor"), and the City of Renton,
1 C a municipal corporation("Grantee").
1 N
� WITNESSETH:
tO
WHEREAS,over the past several years,accumulations of rainfall during extreme rainfall events,
such as on May 16, 1994, have caused surface water to pond and overtop!the street curb, run onto
property adjacent and to the north of Grantor's property, and into Grantor's,property, causing severe
tJ erosion to occur; and.
WHEREAS, Grantee's existing storm sewer system is unable to convey extreme rainfall event
storm water volumes quickly enough to prevent ponding at the intersection of NE 4th and Monroe
Avenue NE, and the resultant erosion;and
WHEREAS, Grantee and Grantor anticipate future pending and resultant erosion in the vicinity
$ • of Grantor's property unless measures are taken to modify Grantee's existing storm sewer system; and
w
WHEREAS, Grantee is currently studying the potential methods and means of permanently
improving its existing storm sewer system to manage extreme rainfall event storm water so as to•avoid
t ponding and resultant erosion in the vicinity of Grantor's property; and
. a WHEREAS, Grantee desires to construct, operate and maintain a temporary overflow storm
t, drainage system to discharge extreme rainfall event excess storm water runoff to Grantor's property until
v.
..
Grantee has designed and constructed such permanent improvements to its existing storm water system;
t. and
WHEREAS, Grantor is willing to permit Grantee to construct, operate and maintain such a
. }..$ temporary overflow storm drainage system under certain terms and conditions;
NOW THEREFORE, in consideration of mutual benefits, the parties agree as follows:S g ..
e 6 1. GRANT OF TEMPORARY EASEMENT. As an accommodation to Grantee, Grantor grants and
", PI conveys unto Grantee a temporary easement, over, across, under and through Grantor's property (the
4. ' •
w TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
g AND AGREEMENT
.'. Page l of S
,' q&-0077 -.
IfilW s1xs'
TTT
• - _
"Easement Area") for the specific purpose set forth below, which easement shall run with the land
described herein for a period not to exceed the term hereof. The Easement Area is more particularly
described on EXHIBIT"A"attached hereto and incorporated herein by this reference. Grantor's property
is more particularly described on EXHIBIT "B"attached hereto and incorporated herein by this reference.
2. PURI?Q$E. The purpose of this easement shall be to accommodate Grantee's construction, •
operation and maintenance of a system for conveyance and discharge of certain surface water("Permitted
Drainage") from Grantee's existing storm sewer system onto and into Grantor's private property on a
temporary basis (the "Temporary Overflow System").
The Temporary Overflow System shall be designed such that Permitted Drainage shall be conveyed onto
and into Grantor's property only under circumstances when Grantee's existing storm sewer system is
reasonably expected to overflow, and the conveyance of Permitted Drainage hereunder shall occur only
in quantities necessary to prevent overflow of Grantee's existing storm sewer system at the low point
i thereof located northeasterly of Grantor's property. For purposes of this agreement, "Permitted
,d Drainage" shall mean quantities of storm water accumulating during extreme rainfall events only and
.? which cannot be accommodated by Grantee's existing storm sewer system, excluding solid materials of
i 2 any kind, contaminated materials, and any other materials which may not properly be placed on or in
Grantor's property pursuant to applicable laws, rules and regulations or permits benefitting Grantor's
0 property, including Special Use Permit SP-92-174 issued by the City of Renton.
ti 3.qPi
TERM OF EASEMENT. This Easement shall commence as of they date hereof and shall be
coterminous with Special Use Permit No. SP-92-174, and shall be automatically extended to be
coterminous with any subsequently issued Special Use Permit authorizing Grantor to continue to fill
Grantor's property provided that such subsequently issued Special Use Permit contains substantially the
same rights as are granted under SP-92-174, and provided further that this Easement shall in any event
terminate and expire on May 31, 2006, or on such sooner date as improvements have been made to
Grantee's existing storm sewer system such that the need for the Temporary Overflow System.and this
easement is obviated. Under no circumstances shall this easement become permanent. Upon Grantor's
• request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and
releasing to Grantor all rights and reaffirming the survival of Grantee's obligations hereunder.
t
Ia. In the event Grantor receives a Special Use Permit subsequent to Special Use Permit No.
a SP-92-174, authorizing Grantor to continue to fill Grantor's property,this Easement and Agreement shall
.. be deemed immediately amended to provide that Grantee shall assume frill responsibility for all conditions
imposed on Grantor in the process of obtaining said permit which relate to or arise out of the rights
granted to Grantee hereunder, or to storm water monitoring and sampling and testing of storm water on
Grantor's property. At Grantor's request, Grantee shall execute an amendment to this Easement and
Agreement setting forth Grantee's obligations arising out of such subsequently issued permit.
4. OBLIGATIONS OF GRANTEE WITH RESPECT TO BASIN STORM SEWER
IMPROVEMENTS. Grantee contemplates the design and construction of a storm water system for the
,- Mt. Olivet Sub-Basin of the Lower Cedar River Drainage Basin which Sub-Basin includes Grantor's
Property("Basin Storm Sewer Improvements"). As a material consideration for Grantor's agreement to
enter into this Easement and Agreement, Grantee covenants,warrants and agrees that: (a)the Basin Storm
Sewer Improvements, shall be sized to accommodate storm water from Grantor's property; and (b)
Grantee shall support the acceptance into its Basin Storm Sewer Improvement system, of storm water
• TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Pagc 2 of 8
• .itla`}d..: -.i:JIS' �-,_.,arwsa.cui...:.:n•.:%, _M1wwSYwwa+tfiasaaWa+• _.. .. -_ 4077
—- •
•
i• '
from Grantor's property, and, subject to applicable surface water ordinances, accept such storm water.
Grantee's obligations under this Section 4 shall survive the expiration or termination of this Easement.
5. COVENANTS AND WARRANTIES REGARDING CONSTRUCTION. All construction shall
be accomplished by a licensed and bonded contractor and/or City of Renton crews, and Grantee's
construction of the Temporary Overflow System necessary to convey and discharge the Permitted
Drainage onto Grantor's property shall meet all City of Renton requirements (including City of Renton •.
Ordinance No. 4367, relating to the protection of the Aquifer underlying Grantor's property) and the
requirements of any and all other regulatory agencies with jurisdiction,and will in no way restrict,inhibit
or interrupt the flow of storm water generated on Grantor's property.
•
a. Imnjovemmnts Sgff dent. Grantee agrees to construct the Temporary Overflow System
and to modify it as necessary to accommodate the Grantor's use and filling of Grantor's Property, all at
Grantee's sole expense. Grantee warrants that the Temporary Overflow System,in all respects,including
any portion which may be constructed or reconstructed on other persons'property, shall be sufficient to
prevent ponding and resulting overflow of Grantee's existing storm sewer system in Monroe Avenue N.E.
in the vicinity of Grantor's property and any related erosion arising out of extreme rainfall events
e„4
occurring after completion of construction of the Temporary Overflow System
b. Only Permitted Drainage Allowed. Grantee agrees that only Permitted Drainage as
defined herein, is authorized to be conveyed and discharged onto Grantor's property. Grantee covenants
and warrants that it shall use its best efforts to ensure that only Permitted Drainage is conveyed onto
Ga . Grantor's property through the Temporary Overflow System during the term of this Easement and
Agreement. If,despite Grantee's best efforts, substances or materials other than Permitted Drainage are
deposited onto or into,or flow onto or into, Grantor's Property, Grantee agrees to remove the same and
to restore Grantor's property to its condition prior to such flows and/or disposal.
c. Plans and Specifications; ReY1ew by Grantor. Grantee agrees to submit a copy of the
plans and specifications of Grantee's proposed Temporary Overflow System to Grantor or its
• representative for approval not later than fifteen (15)days before exercising any of its rights under this
Easement and Agreement or entering upon Grantor's property for any purpose in connection with this
Easement and Agreement. Grantor shall have the right during such fifteen-day period to review the,plans
and specifications, and in the event Grantor shall observe a defect therein, it shall notify Grantee prior
to the conclusion of said fifteen-day period, and Grantee agrees to take all steps necessary to correct any
such defect. For purposes herein, the term "defect" shall mean the failure to observe reasonable and
customary construction and engineering standards or any municipal or other regulation. In the event
Grantee does not comply with the intents and purposes of this requirement, an entry upon the property,
commencement of construction of the Temporary Overflow System contemplated by this Easement and
Agreement, or exercise by Grantee of any of its-rights under this Easement and Agreement shall be
unlawful and shall cause this Easement and Agreement to be null and void.
Irrespective of Grantor's actions under this Section, Grantor does not and will not make any
covenant or warranty, express or implied, that any such plans or specifications submitted by Grantee are
accurate, complete or in any way suited for their intended purpose, or in compliance with this Easement
and Agreement. Further, Grantee shall indemnify and hold Grantor harmless from any liability, claim
rl • or suit, including attorneys'fees, arising from any injury, damage, cost or loss sustained by persons or
property as a result of any defect in design, materials or workmanship.
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
y Page 3ofS
411911
:�--------------- swan
„•'7 Y'++0F."-:xi .! - ,..A; 7,7..':k',- 1 TTy J.�Prw:.iS:M +'!¢+.a-. s-:...r. .
i .
In the event Grantor shall not notify Grantee in writing of any defect or shall not demand the
correction of same within said fifteen-day period, Grantee and its representatives may proceed to
undertake the construction of the Temporary Overflow System and Agreement and may otherwise
exercise its rights under this Easement and Agreement. Silence on the part of Grantor,or acceptance by
Grantor of any specifications,however, shall not abridge or eliminate any covenant or warranty herein .
I made by Grantee with respect to the safe operation of the Temporary Overflow System. •
d. No Warranty cancerpjng Grantor's Property. Grantee understands and agrees that
Grantor in no way warrants anything with regard to the suitability of Grantor's property for Grantee's
intended use, or of any unobservable subsurface conditions in the vicinity of Grantee's proposed
Temporary Overflow System or elsewhere. Grantee acknowledges that Grantor has existing permits to •
fill Grantor's property. Grantee covenants to defend and hold harmless Grantor for any loss or damage
suffered by Grantor or to neighboring property from the use or misuse of Grantor's property,including
the Easement Area in the course of Grantee's construction, repair, maintenance and operation of the
Temporary Overflow System, including any such damage or loss of soil support, damage or loss to
structures, pavement and other improvements and landscaping including plants, shrubs, trees and other
vegetation. Grantee likewise covenants to defend and hold harmless Grantor from any such loss or
a damage arising out of the insufficiency of the Temporary Overflow System.
i.
Grantee also covenants to clean up the affected area of Grantor's property after construction and restore
!CI said area to the condition existing as of the date of this Easement and Agreenient.
0 e. Installation of Monitoring Wells:Monitoring. Grantee shall fulfill the requirements of
es?
City of Renton Special Use Permit SP-174-92, if required by the City, as respects the installation of
j , groundwater monitoring wells and water.quality sampling and testing to monitor the wells on Grantor's
, N Property.
ii to
6. GRANTEE'S RIGHT OF ACCESS. Grantee shall have the right of access over and across the
Cr) Easement Area to enable Grantee to exercise its rights and fulfill its obligations hereunder,provided,that
•
- Grantee shall reasonably compensate Grantor for any damages to any pavement or landscaping located
1 on the Easement Area and for any damage to Grantor's adjacent real property and/or improvements
caused by the exercise of such rights of access. Grantee shall also have the right of access over and
_ across Grantor's property for the purpose of trimming and removing the flex pipe which will extend into
Grantor's property. Such access shall be provided by Grantor upon prior notice from Grantee or upon
Grantor's notice to Grantee that the trimming is required (which notice Grantor may, but shall have no
obligation to give), and in any event in accordance with arrangements made between Grantor and Grantee
at the time of such notice.
.
•.i 7. GRANTOR'S USE OF THE EASEMENT AREA. Grantor may use the Easement Area for
continued placement of fill and for any other purposes not inconsistent with the rights herein granted,
provided that Grantor shall not:
-; a. Erect or maintain any buildings or structures within the Easement Area, provided
however, that asphalt-paved access roads may be constructed and maintained;
7.
b. Develop,landscape,or beautify the Easement Area in any way which would unreasonably
increase the costs to Grantee of restoring the Easement Area and any private improvements therein; or
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW .
AND AGREEMENT
? Page 4 of s
41
c. Blast within fifteen(15)feet of the Easement Area.
Grantor reserves all rights with respect to and including the Easement Area and its adjacent real property,
including, without limitation, the right to grant casements, licenses and permits to others subject to the
•
rights granted herein.
8. JN URANCE. Grantee shall,at all times during the period when this Easement and Agreement
., is in effect, keep in full force and effect a policy of Comprehensive or Commercial General Liability
Insurance with a Broadening Liability Endorsement with respect to the Easement Area, the Temporary
zi Overflow System, and liabilities and obligations otherwise arising under this Easement and Agreement
or applicable to Grantee's exercise of any of its rights hereunder, together with Business Automobile •
i Insurance to include owed, non owned and hired auto as applicable, all with a combined single limit per
occurrence for personal or bodily injury and property damage of not less than Five Million Dollars
($5,000,000.00), or in such greater amounts as Grantee may, from time to time, acquire. The policy
shall name Grantee as insured, and Grantor as an additional insured and/or named insured with respect
to Grantor's property, as required, and shall contain a clause that the insurer will not cancel or change
the insurance without first giving Grantor thirty (30) days' written notice. The insurance shall be
C7 provided by an insurance company approved by Grantor and a copy of the policy or a certificate of
insurance shall be delivered to Grantor from time to time upon Grantor's request. Al)liability policies
CDshall be written as primary policies, not contributing with and not in excess of coverage which Grantor
may carry. All such insurance shall specifically insure the performance by Grantee of the indemnity
.4 agreement as to liability for injury to or death of persons or damage to or destruction of property
Oa contained in Section 14 herein, entitled "Grantee's Agreement and Indemnity". Grantee's obligations
under Section 14 herein, shall not be construed to have been Iimited by the amount of insurance required
, CID
or:I CIprovided in connection with this Easement and Agreement.
1 9. OPERATION.MAINTENANCE AND REPAIR BY GRANTEE. Grantee covenants and agrees
1 to operate, maintain and repair its existing storm sewer system in Monroe Avenue N.E. and N.E. 2nd
; Street and its associated infiltration system in a first class manner, and shall clean out and remove
• accumulated sediments from such system on a regular basis to keep to a minimum the need to allow storm
Awater from Grantee's existing storm sewer system to enter onto Grantor's property. Grantee hereby
covenants and agrees to pay all costs of maintenance, repair, and reconstruction of any portion of
Grantee's storm sewer system, including the Temporary Overflow System, upon Grantor's property.
10. GRANTOR'S RIGHT TO TEMPORARILY SUSPEND EASEMENT.RIGHTS.In the event: (a)
Grantee's use of the Temporary Overflow System shall, in Grantor's judgment, impair or restrict
.+ Grantor's use and/or filling of Grantor's Property; or (b) Grantor's Property no longer has sufficient
,
capacity to accommodate Permitted Drainage, Grantee shall, at Grantor's request, suspend Grantee's
rights under this Easement and Agreement until such time as Grantor gives Grantee written notice that
•
Grantee may resume use of Grantor's Property hereunder. During such suspension of rights, Grantee
shall continue water quality sampling and testing as described herein and all of Grantee's other obligations
hereunder, including those described in Section 3.a above, shall continue in full force and effect.
11. GRANTOR'S RIGHT TO TERMINATE EASEMENT RIGHTS. This Easement shall terminate
upon completion of Grantor's filling operations or at Grantor's desire,upon written notice from Grantor
to Grantee advising of the date on which the Easement shall terminate ("Termination Date"). Within
thirty (30)days following the Terminate Date, Grantee shall remove any and all Improvements and shall
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Page 5 of 8
1
•ri ,
i
restore Grantor's property to its condition as of the date hereof. Upon expiration or termination of this
• Easement, Grantee covenants and agrees to remove any and all contaminants, solid materials, silts,
sediments and/or any other materials (excepting only Permitted Drainage), which have been deposited
onto Grantor's property during the term of this Easement. Grantee's obligations to restore Grantor's
property,remove other than Permitted Drainage therefrom, and to indemnify and hold Grantor harmless
from claims or damages relating to Grantee's exercise of its rights or performance of its obligations
hereunder shall survive the expiration or termination of this Easement.
•
12. NOTICES. All notices under this Easement and Agreement shall be in writing and delivered in
person or sent by registered or certified mail: to Grantor and Grantee at the address indicated in this •'
- Section 12; or such other addresses as may from time to time be designated by such party in writing.
Notices delivered shall be deemed given when received and notices mailed as aforesaid shall be deemed
given on the date of such mailing.
GRANTOR: GRANTEE:
LA PIANTA LIMITED PARTS CITY OF RENTON
P.O. Box 88050 200 Mill Avenue South
Tukwila,Washington 98138 Renton, Washington 98055
ATTN: Ann Nichols ATM: Gregg Zimmerman,
Administrator',Planning,Building and
Public Works
ta 13. RREL-EASEtoRESTR CTlVE COVENANT. Grantee is in the process of designing Basin Storm
ri Sewer Improvements as defined herein. Grantee covenants and agrees that the Basin Storm Sewer
irt Improvements will be sufficient at the time of installation of the Basin Storm Sewer Improvements to:
i CI; (a) manage future storm water from Grantor's property (whether developed or undeveloped); (b) cause
C? the Temporary Overflow System to be or continue to be unnecessary;and(c)resolve the concerns which
-i gave rise to the imposition of that certain Restrictive Covenant dated April 18, 1983 and recorded against
jGrantor's property, under King County Auditor's File No. 8306090718. Grantee shall notify Grantor
1 in writing when the Basin Storm Sewer Improvements have been completed. As a material consideration
i for Grantor's agreement to enter into this Easement and Agreement, Grantee covenants and warrants that
;, Grantee shall use its best efforts to secure in writing a finding by the City of Renton Hearing Examiner
4 that said Restrictive Covenant is no longer necessary and that Grantor and Grantee shall execute and
record an appropriate legal instrument terminating said Restrictive Covenant and releasing the same of
record. Such finding and legal instrument shall be delivered to Grantor in writing on the earlier of: (a)
thirty(30)days-following receipt of written notice from Grantor advising that Grantor's filling operations
on Grantor's property are completed;or(b)thirty(30)days following the date on which the Basin Storm
Sewer Improvements are completed. -
F" 14. GRANTEE'S AGREEMENT AND INDEMNITY. As a.material consideration of Grantor
i' granting this Easement and entering into this Easement and Agreement, Grantee released,indemnifies and
promises to defend and save harmless Grantor, its, agents and employees, from and against any and all
liability,losses,costs,damages,expenses, actions and/or claims,including but not limited to those arising .
out of damage or destruction of property, injury to or death of persons, and environmental contamination
and any and all costs associated with environmental cleanup, including costs and fees of experts, and
reasonable attorneys' fees, alleged or arising out of Grantee's exercise of its rights or performance of its
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
Pap
il
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i
obligations under this Easement and Agreement. Grantee shall not be required to indemnify Grantor
against liability for any portion of the damages (if any) caused by or resulting from the sole negligence
.; of Grantor. By accepting and recording this easement, Grantee does hereby agree to all provisions
Contained in this instrument.
15. ASSIGNMENT. This Easement and Agreement and any and all rights granted hereunder are .
personal to Grantee and shall not be assigned or otherwise transferred, in whole or in part, by any
mechanism whatsoever or for any purpose whatever.
I
I 16. BINDING EFFECT. This Easement and Agreement shall be binding upon the parties, their
heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the subject
property and has a good and lawful right to execute this Easement and Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
1 et
written.
i N GRANTOR:
LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership
By: Metro Land Development, Inc., a Washington corporation,
al its General Partner •
$yam
M. A. gale, President
4 GRANTEE: -
i
4 CITY OF RENTON,
a Washington m 'cipal corporation
By:
-
Jesse Tanner
Its: ayox
1 Attest: 4r/
1 Marilyn
1
p
.r
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
i' Page 7 of 8
171;
r +
•
ISTATE OF WASHINGTON )
)ss.
COUNTY OF KING )
5.
1 On this 2-1 day of t l991�,,before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared M. A.
Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the
corporation acting as general partner of La Pianta Limited Partnership,a Washington limited partnership,
that executed the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of Metro Land Development, Inc. as general partner, and of La Planta Limited ..
Partnership, for the uses and purposes therein mentioned; and on oath stated that he was duly elected,
qualified and acting as said officer or the corporation and that he was authorized to execute the said
i instrument on behalf of Metro Land Development,Inc. and that the seal affixed, if any, is the corporate
I seal of the corporation, and that the corporation was authorized to execute said instrument on behalf of
La Pianta Limited Partnership.
iIN� �OF I have hereun • set my hand and official seal the day and year first above
wY Q'G,....�'90z li!}tl i .0 -•1,-.A_Jii2 )
b °W ' ^; ; Signature of Not#.
�p „ Print or stamp name of Notary
r4 1,�'-_,' 15.1q;.•''(> x' Notary Public in and for the State of Washington,
N itt e. •....,..•'r\ =2.ir4 residing at K Q.--
tip s`1,,,'•� 1rY A 0,74. ' My commission expires t 2.1.1, k ki q
tip STATE Ol)' ASHINGTON )
i�
) ss.
COUNTY OF KING )
I
I certify that I know or have satisfactory evidence that Jesse Tanner & Marilyn Peterson •
are the persons who appeared before me, and said persons acknowledged that they signed this instrument,
! on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and
City Clerk,respectively of Renton, a Washington municipal corporation to be the free and voluntary act
of such corporation for the uses and purposes mentioned in the instrument.
Dated: Dcrasex 24 /99 4,
•i
Q-1�
rg r)of Notary y
LI S4 S'rcPHEjv S
•
Print or Stamp Name of Notary
Notary Public in and for the State of Washington, .
• residing at jEivrDN
My commission expires /0--/9-9 7
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW
AND AGREEMENT
=; Page 8of8
Sys] .
• •
EXHIBIT "A"
Easement Area
Sketch Map
_ . . . �J
•
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•
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``i ,.. r.:7,75'
,iee .tea
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,ecti //-2s-96 '
Legal Description
4 A strip of land fifteen (15) feet in width having seven .
ft and one-half(7.5)feet of such width on each side of the q
following described centerline:
Beginning at the NE corner of the East ih of the NE/40C
of the NWs& of Section 16, Township 23 North,Range
:t 5 East, W.M., in the City of Renton, King County,
I Washington, except the North 330 feet and except the
zi East 30 feet;
•F thence South along the East line of said parcel 310 feet
to the True Point of Beginning of the centerline;
1
thence westerly perpendicular to the East line of said
parcel, 42 feet, more or less, to the terminus of the
centerline.
EXHIBIT"A"TO
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT
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SIT "B"
Grantor's Property
•
TEE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16,TOWNSHIP
23 NORTH, RANGE 5 EAST,W.M.,
EXCEPT THE NORTH 330 FEET;
AND EXCEPT THE EAST 30 FEET CONVEYED TO THE CITY OF RENTON FOR RIGHT-OF-
WAY BY DEED RECORDED UNDER RECORDING NO. 7809071074;
AND EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE
THE SAME AS RESERVED BY DEED RECORDED UNDER RECORDING NO. 3875580;
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
SUBJECT TO:
EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO. 2571770
AND EASEMENT FOR TRANSMISSION LINE RECORDED UNDER AUDITOR'S FILE NO.
3425304.
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EXHIBIT'B"TO
TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT
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• -
-VELOPMENT SERVICES DIVISION
WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE
APPLICATIONS
LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS
• . REQUIREMENTS •' . :
Calculations, Survey,
Drainage Control Planz
.. ..................... •
Drainage Report 2Elevations t4 (Q, • • ••• ••• •••••:•••••• • .:.••••• •••
Archite.ctUrahM,104. • : !!'•(31V ....... ....• ..
Elevations, Grading 2 • •- .
EXisting:CdVerianti:;(Record0d:Copy)-4....,.
Existing Easements (Recorded Copy) 4
Flood Plain Map if . .......
applicable4 . • .
Floor Plans 3AN0 4 i't
. ••• •• •••••••••„:„
Geotechnical Report2A!,03 •/.Uk:VI • .................................................................... .
Grading Plan, Conceptual 2
Grading Plan Detailed 2
King County Assessors Map Indicating Site 4 •
Landscaping..Plan;ConceptUal 4 • . • -E&".s. • •••:.:•,•,•: :iNdj•ce . s
kantr_
Legal Description 4 •
List of Surrounding Property Owners 4 •-•
• .
Mailing Labels for Property Owners 4
.• • .• .• ....,. •••. . •... •... •-•
Map of Existing Site Conditions 4 - • . •••.
Master Application Form 4
_
Monument Cards (one per monument) I. „:... •• .
•• • , •
Parking, Lot Coverage & Landscaping
Analysis 4
. Plan Reductions (PMTs) 4 • • •
• • ...•• •••:::-•• •• .• •••
Postage 4
. •
• Public Works Approval Letter2 •• • • •
Title Report or Plat Certificate 4
Topography Map (5 contours)3
Traffic Study 2 /kIR
Tree CuttingNegetation Clearing Plan
Utilities Plan, Generalized 2 A- 9 IA
Wetlands.Delineation Ma p 4 • •• . .
40 • atte3`.-e..leitie,r'. •
• .c*/ • rev .0p
Wetlands Planting Plan 4 (01 (j7146myip/*
Wetlands Study 4
Pe/1(4611 P
by: i__ • geffLuteg. ad.
This requirement may be waived
1. Property Services Section • PROJECT NAME:
c,(/\
2. Public Works Plan Review Section
3. Building Section DATE: IR_ itS /qe
4. Development Planning Section
hndivision.s\develop.ser\dev.plan.ing\waiver.xls
****************************************************************
City of Renton WA Receipt
****************************************************************
Receipt Number: R0002739 Amount: 2, 500 . 00 05/23/00 16:55
Payment Method: CHECK Notation: #25741 SEGALE Init: LN
Project #: LUA00-064 Type: LUA Land Use Actions
Parcel No: 162305-9059
Site Address: 301 MONROE AV NE
Total Fees: 2, 500 .00
This Payment 2,500 . 00 Total ALL Pmts: 2, 500. 00
Balance: .00
****************************************************************
Account Code Description Amount
000 .345 . 81. 00 . 0007 Environmental Review 500 .00
000 .345 . 81. 00 . 0011 Grading & Filling Fees 2, 000 . 00
****************************************************************
City of Renton WA Reprinted: 05/23/00 16 :58 Receipt
****************************************************************
Receipt Number: R0002740 Amount: 3 . 63 05/23/00 16 :58
Payment Method: CASH Notation: MARK HANCOCK Init: LN
Project #: LUA00-064 Type: LUA Land Use Actions
Parcel No: 162305-9059
Site Address: 301 MONROE AV NE
Total Fees: 2, 503 .63
This Payment 3 . 63 Total ALL Pmts: 2, 503 . 63
Balance: . 00
****************************************************************
Account Code Description Amount
000 . 05 .519 .90 .42 .1 Postage 3 . 63
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,► CITY (1-E RENTON
Planning/Building/PublicWorks Department
Kathy Keolker=Wheeler, Mayor S I _o 0 0 Gregg Zimmerman P.E.,Adlninistrato ,
November 22,.2005
Mark Hancock
Segale Business.Park
P.O.Box 8.8028
Tukwila,WA 98138 •
Subject:. Five-Year Anniversary Review of Upper.Balch Pit Grade&Fill Permit
City of Renton File"No.LUA00-064"
: Dear-Mr.Hancock:"
Condition # 9 of the July 31,.2000 Hearing Examiner's report requires the City of Renton to=:
review the above grade and fill permit five years after initial,.approval. The City has determined
that the grade and fill permit is in compliance with the conditions of approval. Furthermore,
current circumstances do not require any modifications of the Hearing Examiner's.conditions of,
approval:
Therefore, the Upper Balch Pit Fill.& Grade Permit is:hereby extended until either the fill level
reaches 325 feet or July 31,.201.0,;whichever comes first:;-=When either the fill lirnitof 325 feet or
the expiration date is reached,.a new Special Permit shall be required fir any future:.grade or fill
work performed on this site.
Please feel free to contact Jennifer' Henning at (425). 430-7286 should you have- any. further
questions or comments regarding this extension.
Sincerely,
Neil Watts
Development Services Director
cc: . Sue Carlson
Jennifer Henning
1055 South Grady Way-Renton,Washington 98055 R E N "'1 0 N
- - COHEAD OF THECURVE
: 'This paper contains 50%recycled material,30%post.consumer