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HomeMy WebLinkAboutD_KC_Parks_Soos_Creek_Trail_CAE_231127_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Durr_1115 N 27th Pl_CAE_231122_Fin PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: January 19, 2024 PROJECT NUMBER: LUA24-000017, CAE PROJECT NAME: PR24-000001 Soos Creek Trail PROJECT MANAGER: Alex Morganroth, Senior Planner APPLICANT/CONTACT: Tom Early, Capital Project Manager 201 S. Jackson Street, Suite 5702, Seattle, WA 98104 OWNER: King County Parks 201 S. Jackson Street, Suite 5702, Seattle, WA 98104 PROJECT LOCATION: Soos Creek Trail (APN 3323059057, 3323059010, 1332730840, 3323059073) PROJECT DESCRIPTION: The applicant is requesting a Critical Area Exemption for pruning and clearing of vegetation around the Soos Creek Trail. The work is proposed on five (5) parcels (APN 3323059057, 3323059010, 1332730840, 3323059073, and 0422059124) near the intersection of SE 192nd St and 124th Ave SE. The clearing is proposed in order to facilitate the establishment of approximately 80 shovel probe sites as part of a Historic Preservation Program survey the applicant is required to complete. Each shovel probe (see attached site plan) would be approximately 20 centimeters deep and be spaced approximately 60 meters on center. Vegetation near each probe site would be cut down to within one-inch of the ground surface to provide a nine-foot (9’) by nine- foot (9’) clear area for the excavation work to be completed. Vegetation would also be pruned in order to create a pathway approximately two-feet (2’) wide connecting the various probe sites. The vegetation within the pathway would be trimmed down to approximately six inches (6”) above the ground surface. According to the applicant, the location of the probe sites and pathway have been chosen in order to avoid native vegetation. The predominant vegetation to be pruned includes non-native Himalayan blackberry and Reed canarygrass. The vegetation pruning would occur in the winter and spring of 2024, except for clearing needed near any standing water, which would then occur during the drier months of summer 2024. According to COR Maps, multiple critical areas are present on the four (4) parcels including a high seismic hazard, wetlands (unclassified), Big Soos Creek (Type F), a floodway, and a special flood hazard area. No trees are proposed for removal and no in-water work would occur. CRITICAL AREA: High seismic hazard, wetlands (unclassified), Type F stream, floodway, special flood hazard area EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C.3.b.ii. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. Investigative work shall not disturb any more than five percent (5%) of the critical area and DocuSign Envelope ID: 712F273C-C40E-4E54-97FF-0D2CC945C96F City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Soos Creek Trail LUA24-000017, CAE Permit Date: January 19, 2024 Page 2 of 3 D_KC Parks Soos Creek Trail_CAE_241117_v1 required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one-to-one (1:1) ratio. Within shoreline jurisdiction, this includes the marking of property lines or corners on state- owned lands, when such marking does not significantly interfere with the normal public use of the surface water. Limitations on site exploration and investigative activities are defined in WAC 173-27-040(2)(m) for properties within shoreline jurisdiction. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; Staff Comment: The activity is not prohibited. The Critical Areas Regulations allow site investigative work within critical areas and their buffers. ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comment: The proposed work would be completed in a manner that limits impacts to native vegetation. Hand tools would be used where possible, including for excavation of the probe sites. iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comment: According to the applicant, vegetation would be pruned to a height of either two inches (2”) or six inches (6”) for the shovel probe sites and pathway. While the pruned vegetation is anticipated to reestablish, the vegetation immediately adjacent to the shovel probe sites would likely be permanently disturbed or destroyed. Therefore, staff recommends as a condition of approval, the applicant shall restore any permanently disturbed areas with native plant species within six (6) months of the site investigative work concluding. Upon completion of the restoration work, the applicant shall contact the Current Planning Project Manager for a site inspection. iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required; Staff Comment: No in-water work is proposed. See the recommended condition of approval above related to reestablishment of native vegetation in disturbed areas. v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. Staff Comment: The proposed scope of work would not impact any groundwater or a Wellhead Protection Area. DocuSign Envelope ID: 712F273C-C40E-4E54-97FF-0D2CC945C96F City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations Soos Creek Trail LUA24-000017, CAE Permit Date: January 19, 2024 Page 3 of 3 D_KC Parks Soos Creek Trail_CAE_241117_v1 DECISION: An exemption from the Critical Areas Regulations is hereby Approved with Conditions* . Condition of Approval: The applicant shall restore any permanently disturbed areas with native plant species within six (6) months of the site investigative work concluding. Upon completion of the restoration work, the applicant shall contact the Current Planning Project Manager for a site inspection. SIGNATURE & DATE OF DECISION: ________________________________________ ____________________________________ Matthew Herrera, Acting Planning Director Date 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 February 2, 2024. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. 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. EXPIRATION: Five (5) years from the date of decision (date signed). Attachment: Site Plan DocuSign Envelope ID: 712F273C-C40E-4E54-97FF-0D2CC945C96F 1/19/2024 | 2:52 PM PST EagleView Technologies, Inc. 0 20 40 60 80Meters 0 100 200 300Feet 1:2,000 1 centimeter = 20 meters Landscape area?NOTE: Avoid clearing vegetation in areas of standing water. Clear 2-foot wide path in noxious weeds between shovel probe sites. Clear noxious weeds to within 6-inches of ground surface. Path shall meander to preserve/protect native plants. 2'-0" 2'-0"~ 60 FEET9'-0"9'-0" Shovel probe site, to be adjusted to preserve/protect native plants. Area around each shovel probe to be cleared of noxious weeds to within 1-inch of ground surface.9'-0"9'-0" VEGETATION CLEARING PLAN VIEW Updated Potential Probe Locations in Red. Otherwise, Potential Probes Marked by Green Dots. Brush Clearing Area Request (Outlined in Blue) DocuSign Envelope ID: 712F273C-C40E-4E54-97FF-0D2CC945C96F