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Home My WebLink AboutD_LindahlRepair_FinalDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT EVALUATION FORM & DECISION DATE OF DECISION: October 27, 2022 PROJECT NUMBER: LUA22-000355, SME PROJECT NAME: Lindahl Piling Repair PROJECT MANAGER: Andrew Van Gordon, Associate Planner OWNER: Kevin Lindahl 3719 Lake Washington Blvd N, Renton, WA 98056 APPLICANT/CONTACT: Kevin Lindahl 3719 Lake Washington Blvd N, Renton, WA 98056 PROJECT LOCATION: 3719 Lake Washington Blvd N PROJECT DESCRIPTION: The applicant requests a Shoreline Exemption from a Substantial Development Permit to repair and re-sleeve with HDPE sleeves two (2) existing wooden moorage piles. Work would be done from a barge with an estimated cost of $5,775.00. There will be no change to size, shape or location. Work would occur within Lake Washington, a Shoreline of Statewide Significance. Temporary noise and sedimentation resulting from pile sleeving are expected. Proposed mitigation includes the placement of one (1) cubic yard of two-inch (2") rounded gravel within the nearshore zone of the lake adjacent to the bulkhead. Placement of the gravel within the nearshore zone is expected to aide in lakebed stabilization, substrate nourishment and result in a modest long-term habitat quality improvement for aquatic vegetation and fish. The single-family residence associated with the project site is located within the Shoreline Residential designation of Lake Washington, Reach D and work would occur in the Aquatic Shoreline Overlay District. SEC-TWN-R: NW32-24-05 LEGAL DESCRIPTION: HILLMANS LK WN GARDEN OF EDEN # 2 POR LOTS 36 THRU 38 & WLY 15 FT OF FORMER NP R/W DAF BEG W 1/4 COR STR 32-24-05 TH N 14-08-49 E 621.78 FT TO TPOB TH NELY ALG ELY MGN SD WLY 15 FT 36.25 FT TH N 88-01-36 W 72.31 FT TH S 14-41-39 W 33.59 FT TH S 87-42-54 E 64.96 FT TO TPOB TGW UPLANDS & 2ND CL SH LDS ADJ WATER BODY/REACH: Lake Washington Reach D DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial Development Lindahl Piling Repair LUA22-000355, SME Permit Date: October 27, 2022 Page 2 of 3 EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved with Conditions* on the proposed project in accordance with RMC.4.9.190C “Exemption from Permit System’ and for the following reasons: RMC 4-9-190C.1.c Maintenance and Repair: Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuratio n, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. Staff Comment: The proposal to repair and re-sleeve two (2) existing wooden moorage piles would qualify as an Exemption from a Shoreline Substantial Development Permit under the allowance for Maintenance and Repair as the HDPE sleeving would restore the piles to a state comparable to their original condition . The repair would also be categorically exempt from review under the State Environmental Policy Act (SEPA) pursuant to WAC 197 -11- 800(3) Repair, remodeling, and maintenance activities. A Lake Study prepared by Wetland Resources Environmental Consulting, dated July 29, 2022, was included with the project application materials. The submitted Lake Study included a mitigation plan that would place one (1) cubic yard of two -inch (2”) rounded gravel within the nearshore zone of the lake adjacent to the existing bulkhea d. The report concludes that the gravel is a suitable spawning substrate and will be dispersed within the nearshore zone at a depth of approximately three inches (3”) in an area totaling approximately 100 square feet. Placement of clean, rounded rock is expected to provide nourishment along a disturbed reach of the lake. The report concludes that with the mitigation, the proposal would result in no net loss of ecological functions and values on the project site. FINDINGS: The proposed development is: i. Consistent with the policies of the Shoreline Management Act: and ii. Consistent with the City of Renton Shoreline Master Program. *CONDITIONS OF APPROVAL: 1. Project construction shall comply with the recommended mitigation outlined in the submitted Lake Study that includes the placement spawning substrate within the nearshore zone of the subject property’s shoreline immediately following the completion of the sleeving work. 2. The applicant or designee shall contact the Current Planning Project Manager notifying the start of construction and schedule a site inspection of mitigation following construction. SIGNATURE & DATE OF DECISION: _____________________________________ ______________________________ Vanessa Dolbee, Planning Director Date DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 10/27/2022 | 1:15 PM PDT City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial Development Lindahl Piling Repair LUA22-000355, SME Permit Date: October 27, 2022 Page 3 of 3 RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on November 10, 2022. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. EXPIRATION: Two (2) years from the date of decision (date signed). Attachments: Lake Study, Site Plan cc: Irwin Land Use Consulting, LLC, Attn: Jay Irwin / Contact DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 1 OF 2PROJECT DESCRIPTION:PROPERTY OWNER:CONTACT:LAKE WASHINGTONLEGAL DESCRIPTION:BYUSDOCK REPAIR3719 LAKE WASHINGTON BLVD. NRENTON, WA 98056LAKESIDE CONSTRUCTIONRECEIVEDPLANNING DIVISION10/07/2022AVanGordonPILES TO BE SLEEVED (APPROX. LOCATION PER COR MAP)9/23/2022SLEEVE TWO MOORAGE PILES WITH HDPE TUBESDocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 2 OF 2 DOCK LAYOUTDOCK PROFILELAKESIDE CONSTRUCTIONPIER END SECTIONBYUSDOCK REPAIR3719 LAKE WASHINGTON BLVD. NRENTON, WA 98056PILE SLEEVING DETAIL9/23/2022SLEEVE TWO PILESDocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 LAKE STUDY FOR 3719 LAKE WASHINGTON BLVD N - PILE REPAIR CITY OF RENTON Wetland Resources, Inc. Project #22129 Prepared By Wetland Resources, Inc. 9505 19th Avenue SE, Suite 106 Everett, WA 98208 (425) 337-3174 Prepared For Kevin Lindahl and Becky Byus 3719 Lake Washington Blvd N Renton, WA 98056 First Submittal: July 29, 2022 RECEIVED PLANNING DIVISION 08/05/2022 AVanGordon DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 ii TABLE OF CONTENTS 1.0 PROPOSED PROJECT ...................................................................................................................1 1.1 PROJECT LOCATION .......................................................................................................................... 1 1.2 LANDSCAPE SETTING ......................................................................................................................... 1 1.3 SITE DESCRIPTION ............................................................................................................................. 3 1.4 PROJECT DESCRIPTION ...................................................................................................................... 3 2.0 LAKE STUDY ...............................................................................................................................3 2.1 ASSESSMENT METHODOLOGY .......................................................................................................... 3 Field Investigation ................................................................................................................................ 3 Limit of Study ....................................................................................................................................... 3 2.2 SITE CONDITIONS ANALYSIS ............................................................................................................. 4 Existing Conditions ............................................................................................................................... 4 Existing Ecological Functions ............................................................................................................... 4 2.3 TREE AND VEGETATION PROTECTION ............................................................................................. 6 3.0 PROJECT IMPACTS AND MITIGATION ........................................................................................6 3.1 PROJECT IMPACT ANALYSIS .............................................................................................................. 6 3.2 PROPOSED MITIGATION .................................................................................................................... 6 3.3 NO NET LOSS DISCUSSION ................................................................................................................ 7 4.0 USE OF THIS REPORT ................................................................................................................7 5.0 REFERENCES ..............................................................................................................................8 LIST OF FIGURES - AERIAL OVERVIEW OF THE SUBJECT PROPERTY .........................................................1 - LANDSCAPE-SCALE VICINITY MAP (GOOGLE MAPS) ....................................................2 - REAR YARD (FACING NORTHWEST FROM THE DOCK) ................................................4 LIST OF APPENDICES APPENDIX A: LAKE STUDY MAP DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 1 Lake Study WRI #22129 July 29, 2022 1.0 PROPOSED PROJECT 1.1 PROJECT LOCATION The project occurs on King County Tax Parcel 3342700190. This is a 0.19-acre parcel located at 3719 Lake Washington Blvd N in the city of Renton. Access to the property is from the east via Lake Washington Blvd N. The Public Land Survey System Locator is Section 32, Township 24N, Range 5E, WM. - Aerial Overview of the Subject Property 1.2 LANDSCAPE SETTING Basin: Puget Sound Sub-Basin: East Lake Washington - Renton Watershed: Water Resource Inventory Area (WRIA) 8 Lake Washington - Cedar - Sammamish The study area is located on the east shore of Lake Washington. Lake Washington is the second- largest natural lake in Washington State with a total surface area of over 22,000 acres. The lake is approximately 20 miles in total length, with an average width of 1.5 miles (Kerwin, 2001). Lake Washington is highly developed along much of the approximately 50 miles of lake shoreline. The subject property is located approximately 1,000 feet to the south of the confluence of Lake Washington and May Creek, and approximately 1.5 miles north of the confluence with the Cedar River. May Creek originates between Squak and Cougar Mountains and flows west through May Valley before entering Lake Washington. The Cedar River drains the entire upper basin of Water Resource Inventory Area (WRIA) 8. DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 2 Lake Study WRI #22129 July 29, 2022 - Landscape-Scale Vicinity Map (Google Maps) DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 3 Lake Study WRI #22129 July 29, 2022 1.3 SITE DESCRIPTION The subject property is surrounded to the north and south by single-family residential development, to the east by the Eastrail, and to the west by Lake Washington. An existing residence, attached garage, driveway, and deck cover the entirety of the subject property. The rear yard consists entirely of on-grade wood decking between the residence and an existing rock bulkhead. No vegetation or bare ground is present. A dock extends west approximately 68 feet from the intersection of the bulkhead and decking. Existing development in the lake is limited to the bulkhead, dock, and two moorage piles. The face of the bulkhead clearly defines the ordinary high water mark (OHWM) of Lake Washington, which was observed by WRI staff after the controlled rise to summer/recreational lake elevation. No vegetation is present waterward of the OHWM and no aquatic vegetation or lake-fringe wetlands were observed on or near the property. Lakebed substrate consists of sorted sand and large cobble pieces on a moderate grade. On-site conditions are consistent with a high-energy shoreline. No other habitat features were observed on or near the subject property. 1.4 PROJECT DESCRIPTION The applicant proposes to install HDPE sleeves over two existing wood moorage piles located along the north property line. Construction will occur during one or two days within the state/federal work window to minimize impacts to aquatic resources, and access will be from a small barge. Due to proposed shoreline modification, the applicant has contracted Wetland Resources, Inc. to prepare a Lake Study that meets the requirements of Renton Municipal Code (RMC) 4-8-120D.19 - Stream or Lake Study, Standard. This report demonstrates compliance with the Stream or Lake Assessment Narrative standards set forth in subsection c. 2.0 LAKE STUDY 2.1 ASSESSMENT METHODOLOGY Field Investigation Senior Ecologist, Niels Pedersen, PWS, and Associate Ecologist, Shaun Sweeney, conducted a site investigation on May 24, 2022 to determine habitat conditions on and near the subject property. Limit of Study The proposed project occurs on tax parcel (tax ID number 3342700190). Lack of legal access to adjacent parcels prevents Wetland Resources, Inc. (WRI) staff from performing detailed investigation in surrounding areas 100 feet upstream and downstream from the property line, as required by the RMC. DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 4 Lake Study WRI #22129 July 29, 2022 This report is based on physical inspection of the subject property, line-of-sight observations from the edge of legal access, consideration of existing publicly available information, and using best professional judgment. 2.2 SITE CONDITIONS ANALYSIS Existing Conditions Lake Washington, a Type S waterbody, is the only critical area located on or near the subject property. The western portion of the property includes a concrete bulkhead with cinder blocks, a wood deck covering the entire area of the rear yard, a dock, and two moorage piles. The dock includes skirting along the north and south sides for approximately 50 feet from the approach. On- site vegetation is limited to potted plants and sparse low groundcover along the top of the bulkhead. The eastern portion of the property consist of impervious surfaces (residence and garage). - Rear Yard (Facing Northwest from the Dock) Existing Ecological Functions Ecological functions on and near the site are impaired. The existing rock bulkhead deflects wave energy, which can cause erosion that leads to deeper water along the shoreline. High- energy/deepwater shorelines do not provide refuge opportunities for migrating fish. Bulkheads also DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 5 Lake Study WRI #22129 July 29, 2022 prevent the establishment of riparian vegetation, which provides cover and forage opportunities for juvenile salmon. The absence of overhanging vegetation further limits ecological support for migrating fish. The existing impervious surface also limits the establishment of overhanging native vegetation in upland areas, further reducing ecological value along the shoreline. The existing dock is constructed with closed decking (no light penetration) and skirting around the sides. See Figure 4 below. This type of overwater structure creates high underwater light contrast by casting shade in ambient daylight conditions, which limits light availability for aquatic vegetation to photosynthesize. Shading caused by overwater structures also increases predation risk for juvenile salmon by altering migration patterns, distribution, and general behavior; fish that rely on vision and light can become disoriented and subject to predation. Due to altered sediment processes and in-water vegetation structure resulting from the hard- armored bulkhead, lack of riparian vegetation due to built and impervious surfaces along the shoreline, and increased predation risk for juvenile salmonids associated with the dock’s closed decking and skirting, existing ecological functions are limited within the subject property. Fish and Wildlife Presence No fish or wildlife species were directly observed at the time of investigation although various aquatic species are known to inhabit Lake Washington. The Washington Department of Fish and Wildlife (WDFW), Pacific States Marine Fisheries Commission (PSMFC), and the Washington Dept. of Natural Resources (WADNR) are the primary agencies that provide publicly available information used for making species and habitat presence determinations. The following information represents the findings from each source. WDFW SalmonScape Map Tool SalmonScape is an online GIS database that contains publicly available resource information for fish population studies and general species distribution (both documented and modeled presence). Within Lake Washington, the following species are depicted: • Fall Chinook (documented presence), • Coho (documented presence), • Winter Steelhead (documented presence), • Sockeye (documented presence), • Bull Trout (documented rearing), • Kokanee (documented presence) PSMFC StreamNet Map Tool StreamNet is a fish distribution database maintained by the PSMFC as a regional clearinghouse for fish data. In the vicinity of the project area, fish presence is only depicted within Lake Washington. StreamNet states the presence of the following species: • Fall Chinook (migration only) • Coho (migration only) • Sockeye (migration only) DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 6 Lake Study WRI #22129 July 29, 2022 • Winter Steelhead (migration only) • Bull Trout (migration only) WDNR Forest Practices Activity Mapping Tool (FPAMT) FPAMT is an online GIS database that aids the process of submitting a Forest Practices permit application. The tool is useful for the purposes of this study because WDNR models fish presence. FPAMT depicts Lake Washington as a fish-bearing shoreline of the state. No other features are noted in the vicinity of the project. WDFW Priority Habitat and Species (PHS) Maps No terrestrial priority habitats are listed on or near the site. Aquatic priority habitats for the above- listed species are noted on the PHS maps. 2.3 TREE AND VEGETATION PROTECTION Proposed pile sleeving will occur from a small barge and will not result in vegetation/tree removal. 3.0 PROJECT IMPACTS AND MITIGATION 3.1 PROJECT IMPACT ANALYSIS The proposed pile sleeving does not create new long-term impacts within the terrestrial environment; vegetation removal is not necessary for access or materials transport, new structures/impervious surfaces are not proposed, and construction will occur from a barge. Some short-term effects related to construction can be expected in the aquatic environment, including sediment disturbance, aquatic vegetation disturbance, and elevated in-water noise levels caused by the barge and pile sleeving. In-water noise levels are not expected to create any measurable impacts because fish are adapted to relatively high ambient noise levels that regularly occur in streams and freshwaters. Although sediment and aquatic vegetation disturbance from propeller wash could temporarily alter salmonid behavior in the vicinity of the project, these actions are not expected to create any measurable impacts to shoreline function (i.e. fish injury, mortality, or habitat loss). No long term or permanent impacts are anticipated as a result of the proposed project. 3.2 PROPOSED MITIGATION As previously stated, temporary noise and sedimentation resulting from pile sleeving are expected to be small, transitory impacts. Appropriate mitigation was determined by WRI staff based on-site limitations (hard surfaces throughout entire rear yard) and the magnitude of project impacts. Proposed mitigation includes the placement of one cubic yard of two-inch rounded gravel within the nearshore zone of the lake adjacent to the bulkhead. The gravel is a suitable spawning substrate and will be dispersed within the nearshore zone at a depth of approximately three inches, in an area totaling approximately 100 square feet. Habitat value within Lake Washington is in part limited by the effect of altered sediment processes; bulkheads prevent natural recruitment and movement of rock substrate in the lake. Placement of clean, rounded rock is expected to provide nourishment along a disturbed reach of the lake. DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 7 Lake Study WRI #22129 July 29, 2022 The rock will temporarily benefit areas near the subject property, until wave energy re-distributes the gravel. The proposed mitigation plan is expected to modestly improve habitat quality within the lake and was designed to provide an ecological uplift relative to proposed impacts. 3.3 NO NET LOSS DISCUSSION RMC 4-3-090D.2.a.i requires applicants to ensure that development will not result in a net loss of shoreline ecological functions or processes. Due to the anticipated temporary construction impact, some compensatory mitigation is warranted. In consideration of the minor transitory impact, proposed mitigation includes the placement of two-inch round rock within the nearshore zone of the lake. Placement of the gravel within the nearshore zone will aid in lake bed stabilization, substrate nourishment, and will result in a modest long-term habitat quality improvement for aquatic vegetation and fish. WRI staff concluded that providing a modest long-term benefit to ecological functions exceeds the temporary impact associated with construction. Therefore, proposed mitigation will result in no net loss of functions. 4.0 USE OF THIS REPORT This Lake Study is supplied to Kevin Lindahl and Becky Byus as a means of determining the presence of critical habitat, as required by the City of Renton during the permitting process. This report is based largely on readily observable conditions and, to a lesser extent, on readily ascertainable conditions. No attempt has been made to determine hidden or concealed conditions. The laws applicable to salmonid habitat are subject to varying interpretations and may be changed at any time by the courts or legislative bodies. This report is intended to provide information deemed relevant in the applicant's attempt to comply with the laws now in effect. The work for this report has conformed to the standard of care employed by ecologists. No other representation or warranty is made concerning the work or this report and any implied representation or warranty is disclaimed. Wetland Resources, Inc. Shaun Sweeney Associate Ecologist DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 3719 Lk WA Blvd N Pile Repair 8 Lake Study WRI #22129 July 29, 2022 5.0 REFERENCES Anderson et al. 2016. Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State. WA Department of Ecology. Publication #16-06-029. Kerwin, J. 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar – Renton Basin (Water Resource Inventory Area 8). Washington Conservation Commission. Olympia, WA. http://www.pugetsoundnearshore.org/supporting_documents/WRIA_8_LFR_FINAL.p df. Accessed June 2022. NOAA. 2022. National Weather Service Forecast Office, Seattle, Washington. http://www.weather.gov/climate/index.php?wfo=sew. Accessed June 2022. StreamNet. 2022. StreamNet Mapper. http://www.streamnet.org/mapping_apps.cfm. Accessed June 2022. U.S. Fish & Wildlife Service (USFWS). 2022. National Wetlands Inventory (NWI) Online Mapper. http://www.fws.gov/wetlands/Data/Mapper.html. Accessed June 2022. Washington State Department of Fish and Wildlife (WDFW).2022a. Priority Habitats and Species: PHS on the Web. http://wdfw.wa.gov/mapping/phs/. Accessed June 2022. WDFW. 2022b. SalmonScape Online Mapping Application. http://apps.wdfw.wa.gov/salmonscape/map.html. Accessed June 2022. DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26 DocuSign Envelope ID: D4BB726D-7F05-4A0E-8A41-0BA8C7208F26