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HomeMy WebLinkAboutLUA97-156 i // Vicinity Map � Inset Scale:6X �J� H i • J.H.Baxter .�� • • Scale. ' `kQ'p,'�OS •' �C` Quendall „��' — ma - A4a Teminals • AP Barbe • `��7 0\ O M ie �' n V" \ ,' �1 ° .\\S --,,,,,, . 0 ,sc6*. \„),,,,c, Inner Harbor Line •------- -- \ 9 v ' ° Sediment �'� s., I- 405 Storage Area • -----==�— \ Proposed �m Barbee M Ti Company , Dredge moil a uhr �` Area n lq a ili lLumeStoeg Iu ;i `J o r hr ` �rrrir ` b .0, n, ,,,m," 4,n,hr,,, OWHL(21.8') I °uhu'u� , G. \ w May Creek N - `Boatho '` �_ , = ji. / Office ,� �� \ a l Em \�\J - PuN9 \ \T// Nca' r `'` 04e6 i \., -'' Interim sand and - \�\ — _ -_�ntoor gravel storage area La Washington Boulevard N ------------.I---- ---- T� �` Maintenance Dredging - 1997 Site / Location Map County of King,State of Washington Latitude:47 31'40"Longitude 122 12'12" Barbee Mill Company,P.O.Box 359,Renton Washington 98057 L&AI/RML 8/97 File: Basemap.CAD • • Neighborhood Detail Map , i - r Exit 7 r Quendaff aw. . 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DI-9qaG\nbigUq COupOni2 . . . - 13L-0b02Gq injg!UfGUguqG . , k--- EXPflUa (4\aN) guq 0 . ,6/<• . 0, 20,m T0 , , . . . . ---- . . 2f01.9aG co 0 %2Gq!UJGU . ----- -ra) ----w- - - , . ,. nuG V H9LPOL •)2... . 18, TO, 1,. T3, , --- . . • _ 91 - 1549 Sr eL ;^ �,STATg °� 111, DEVELOPMENT PLANNING to 3.. ' CITY OF RENTON �yy�goy APR 17 1998 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY RECEIVED P.O. Box 47600 • Olympia, Washington 98504-7600 . (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 April 10, 1998 CITY OF RENTON Mr. Michael Lloyd APR 2 4 1998 Lloyd and Associates, Inc. RECEIVED 38210 SE 92nd Street CITY CLERK'S OFFICE Snoqualmie,WA 98965 Dear Mr. Lloyd: I write to document our site inspection at the Barbee Mill site on Lake Washington on April.2, 1998. Also present was Larry Fisher, Area Habitat Biologist for the Washington State Department of Fish and Wildlife. The purpose of our meeting on site was to evaluate the steps taken by Barbee Mills to comply with the Agreed Order of Compliance, written'to address the shoreline management concerns raised in Enforcement Order 93- SH-215, issued by the City of.Renton and the Department of Ecology. I recently spoke by phone with Mark Pywell of the city, and he stated that the city is satisfied with the compliance measures taken by Barbee Mills. More specifically, we met on site at the request of you and Mr. Fisher in order to evaluate the adequacy of the implementation of the Revegetation Plan for May Creek on the Barbee Mill Property. Restoration and enhancement of the May Creek corridor was a necessary element of the agreed order. We walked the site for approximately one hour. I believe that there was general agreement that significant efforts had been made at revegetation,but that the full planting regime as required in the Agreed Order had not been implemented.- Zone 4,,had no apparent plantings, while Zone B, C and D had numerous plantings,but neither the required number nor species were apparent. THESE REQUIREMENTS MUST BE MET IN FULL BEFORE A RELEASE FROM THE TERMS OF THE ENFORCEMENT ORDER WILL BE ISSUED FROM THE DEPARTMENT OF ECOLOGY. You promised to provide Larry Fisher and I an accurate inventory of what has thus far 'been planted in each zone. You stated that such would be done within two weeks of our site inspection. More significantly, you indicated to me that the intention of Barbee Mills was'to complete this planting regime for the 1998 growing season. As you know, • such season is well underway and therefore time is of the essence. Watering of new plants in some locations may well be necessary. However because it has been several years since the agreement, we would look unfavorably upon losing another growing season. u 0 f ICI Mr. Michael Lloyd April 10, 1998 • Page 2 • Finally; we all agreed that it was inconsistent with the purposes of this agreement to mow the vegetation along May Creek. Please discuss this matter with Mr. Cugini and comniuni'cate the'importance of leaving unmowed a 10 to 20 foot strip on each side of the { creek. We recognize that some transitional management of vegetation may be necessary while`•thie'new.plantings are becoming established. This may require some further discussion,,but we would like to see as natural a riparian corridor as is compatible with current;and,anticipated future uses of this part of the property. It is a salmon stream and a tremendous natural amenity and asset to the property, and should be preserved and enhanced. I appreciate the good work that your client has done thus far in complying with the partial implantation of the stream revegetation plan, and with other aspects of the agreed order. I believe that there is only a relatively short distance to go to full completion. Sincerely, James D. A, st,Enforcement Coordinator • Shorelands d Environmental Assistance Program cc: Mark Pywell, City of Renton Larry Fisher,State Fish and Wildlife Steve Thiele, Attorney General's Office " 1 CITY �F= RENTO N ? s Hearin g E Xaml- g Jesse Tanner,Mayor Fred J.Kaufman • January 26, 1998 Michael Lloyd Lloyd&Associates 38210 SE 92nd Street Snoqualmie, WA 98065 Re: BARBEE MILL MAINTENANCE DREDGING FILE No. LUA97-156,SP Dear Mr, Lloyd: The Examiner's Report and Decision on the above referenced matter,which was issued on January 8, 1998,was not appealed within the 14-day period established by ordinance. Therefore, this matter is considered final by this office and the file on 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: Mark Pywell Sandi Seeger,Development Services 200 Mill Avenue South-Renton, Washington 98055 - (206)235-2593 This paper contains 50%recycled material,20%post consumer • 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 8th day of January ,1998, 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: �" ! SUBSCRIBED AND SWORN to before me this 741/1 day ofJ , 199/. Notary Public i and for the State of Washington, residing at , therein. Application, Petition, or Case No.: Barbee Mill Maintenance Dredging LUA97-156,SP The Decision or Recommendation contains a complete list of the Parties of Record. HEARING EXAMINER'S REPORT January 8, 1998 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: Barbee Mill Company Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP LOCATION: 4101 Lake Washington Blvd. SUMMARY OF REQUEST: Seeks five-year permit to dredge up to 2,200 cubic yards of material annually from the mouth of May Creek where sediments collect. SUMMARY OF ACTION: /Development Services Recommendation: Approve with recommendations DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on December 9, 1997. 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 December 16,1997 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,December 16, 1997,at 9:13 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. 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: Blow-up diagram of dredging area Exhibit No.4: Cross-section diagrams of dredging and stockpile area area The,hearing opened.with a presentation of the staff report by MARK PYWELL,Project Manager,Development Services,City of Renton,200 Mill Avenue South,Renton,Washington 98055. The applicant is seeking another five-year permit in order to be able to continue the dredging activities of May Creek which crosses the subject property and enters Lake Washington on the applicant's property. As the water enters Lake • Barbee Mill Company Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP January 8, 1998 Page 2 Washington it deposits the material that has been collected upstream in this area. To help prevent flooding,the applicant is requesting permission to remove 2,000 cubic yards of material from the mouth of May Creek annually. There is also a request to remove another 200 cubic yards of basically bark and other debris that collects in the area adjacent to the mouth where the logs are taken from Lake Washington. In the past material has been removed,tested and for the most part been found to be clean dredging spoils. The dredging will be done approximately once a year,depending on the flooding cycles. In the past it has not been needed every year,but it depends upon the storm flows. This request was reviewed by the Environmental Review Committee (ERC)on November 18, 1997, and was issued a Determination of Non-Significance with no mitigation measures imposed. Generally the trucks would leave the Barbee Mill site and be able to access I-405 from NE 44th Street,Lake Washington Boulevard where the project site is located. The trucks used to remove the fill can handle approximately 20 cubic yards, or about 110 round trip truck trips total. As far as screening, landscaping, fencing and setbacks,they are not applicable to this particular project in that once the dredging is completed and the dewatering has also been completed the site is restored so it looks like its natural setting for the remainder of the year until it is needed for the dredging again. The applicant has maintained a site for the dewatering. The sediment storage area has been designed to entrap the sediments so that as it dewaters the dredging material does not re-enter Lake Washington. Once the material has been removed,the applicant hydroseeds this area to return it to a vegetated state and prevent either wind or soil erosion. The applicant has the option if he cannot dispose of it offsite immediately,to remove it from this area to an upland location. He can choose an upland area on his own site and then maintain erosion control measures at that site until the dredging material has been totally removed from his site. Staff would note that a letter was received from Fish&Wildlife regarding the plantings that are taking place along May Creek. The applicant will be continuing with this planting as part of this permit,generally during the next planting cycle,which would be the spring and early summer of this coming year. The intention is to complete the planting along May Creek in accordance with previous agreements with both the City and Department of Ecology. During the dewatering process the soils are kept in the bermed area and the water is allowed to seep out and into the ground back into Lake Washington. On the upland area,the temporary erosion control measures would still be applicable according to City code.The dredging will produce noise,but is not expected to exceed the standard noise levels for this area or the adjacent Barbee Lumber Mill operation. The temporary erosion control measures that are already required by City ordinance would control dust. In the future if the applicant decides a different use for the site,the City would have to look at that in conjunction with applicable zoning and Comprehensive Plan(CP)designations.This permit runs with the land so that if the applicant was to sell off this site in total,the permit would run with the land. Staff recommends approval of the Barbee Mill maintenance dredging, subject to the conditions of approval included in the staff report. Michael Lloyd,38210 SE 92nd Street, Snoqualmie,Washington 98065,applicant herein, stated that sampling of the spoils is typically required of all water quality certifications and modifications that are provided through the Department of Ecology. 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 9:27 a.m. • ' Barbee Mill Company Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP January 8, 1998 Page 3 FINDINGS,CONCLUSIONS &DECISION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Barbee Mill Company,filed a request for approval of a Special Permit for excavation or dredging at the mouth of May Creek. 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(DNS)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 4101 Lake Washington Boulevard. The site is located on the shoreline of Lake Washington. May Creek flows southwest across the site. 6. A lumber mill occupies the subject site. The use is located on both sides of the creek. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Office and Residential Center,but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is zoned COR(Center: Office/Residential)a category applied in June, 1993 with the enactment of Ordinance 4404. 9. The subject application would extend approval for the periodic dredging of materials that accumulate at the mouth of May Creek. An existing five(5)year permit was approved for the site in June, 1994. The applicant is anticipating the expiration of that permit and the need to continue dredging the regularly deposited materials by applying in advance for a new permit 10. As indicated,this site was reviewed for a previously approved permit. There have been few, if any changes to the area. At that time,the applicant was required to restore what was established as the 1985 shoreline. That was accomplished. In addition,there was the annual removal of materials as necessary. Conditions imposed at that time are still in the process of being completed according to the record. 11. The area covered by the permit is approximately 18,000 square feet. The permit would allow the removal of up to approximately 2,200 cubic yards from the "V" shaped mouth of May Creek. The accumulated materials interfere with the flow of the creek and can cause flooding. Routine maintenance is a permitted exemption allowed the applicant under the Shoreline Management Program. 12. Prior to the removal of the material from the site it will be dewatered. This dewatering will occur just to the north of the mouth of the creek. The area would be approximately 5,000 square feet. Water will drain from the materials back into the lake. This area will provide temporary storage while water drains from the materials. • • Barbee Mill Company Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP January 8, 1998 Page 4 13. The applicant proposes selling the materials. If the materials are not immediately sold they will be stockpiled away from the shoreline. Erosion control measures will be required to prevent the materials from either running or blowing back into the creek or the lake. 14. If the materials are not sold in a reasonable period of time,upland storage will be required. 15. As with the original permit,the current application does not envision long term or permanent use of the materials for fill on this site. 16. Each dredge event requires separate review by both the State Departments of Ecology and Wildlife(for fisheries review). Actual dredging would be dictated by storm events and the amount of material that such events deposit in the delta area. There may be years without any need to dredge. 17. As indicated,the applicant will be required to enact erosion and sedimentation control measures by incorporating storage of the materials in a seeded bermed area,erection of a silt fence and best management practices and monitoring during all operations. In addition,staff recommends that the dewatering site be hydroseeded and other control measures to assure that the work sites do not contribute to new erosion or sedimentation problems. 18. The removal of the materials from the site would require approximately 110 round trips for the exportation of materials. These trips will depend on how much material is deposited by flood and normal accretion. 19. Traffic flow will follow the same route used by the logging trucks that serve the subject site. Exiting trucks would turn left to gain quick access to I-405. The reverse route will provide access to the site. Staff does not anticipate adverse impacts on traffic flow from these trips. 20. The applicant will be required to continue its landscaping efforts and accomplish them in as short an interval as possible. 21. Past tests have demonstrated that the materials that will be excavated are acceptable and show no significant levels of contamination. Sampling of materials will be accomplished as necessary. Most sites that accept materials also require the materials to be tested. 22. All operations will be monitored by appropriate state and federal agencies to assure that fisheries are not interfered with and water quality is maintained. CONCLUSIONS: 1. . The proposed dredging operation appears to serve the public use and interest. While the accretion is natural it does cause flooding problems at the subject site when materials block the flow of May Creek. Life and property can be harmed if the channel overflows its banks. The removal of the materials building up at the delta will prevent flood damage and should be approved. 2. The applicant will have to work under permits issued by other jurisdictions to avoid an interference with fish migrations. All operations will remain subject to review by agencies with appropriate jurisdiction and expertise. • Barbee Mill Company Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP January 8, 1998 Page 5 3. Since this is, in fact, a permit renewal, it appears that the actual,dredging operations have not generated any problems in the way of traffic, contamination or noise. The applicant shall continue to work on completing its compliance with any underlying conditions for the prior permit. 4. The applicant shall remain under the same constraints as were found in the earlier permit. The materials will have to be removed from the subject site within a reasonable time. The previous limitations of not more than two years worth of dredge materials seems to have worked and shall be continued. Prior to the start of any third sequence,the materials accumulated by any two prior dredge- dewatering-storage operations shall be removed permanently from the applicant's property. 5. The other previous conditions regarding the temporary storage of the materials on the site in a location that is at least 200 feet from the outer edge of any landscaping located along May Creek or the shoreline of Lake Washington are still appropriate. 6. Any storage or placement of materials on the site that results in any permanent or topographical changes of the applicant's property shall be subject to separate review under the Mining,Excavation and Grading Ordinance. 7. The conditions recommended by staff are appropriate given the sensitive nature and location of the subject site. 8. The size and intensity of the operation and restoration efforts appear appropriate given the nature of the site and its current uses. The additional truck traffic will not unnecessarily burden the adjoining streets. Obviously grading operations and exporting of materials could result in occasional spills along the roadway in front of the site and the applicant should be responsible for cleaning up the debris it may be responsible for. DECISION: The Special Permit for Grade and Fill is approved subject to the following conditions: 1. The applicant can stockpile no more than two years worth of dredge materials on the subject site. Prior to the start of any third sequence,the materials accumulated by any two prior dredge-dewatering-storage operations shall be removed permanently from the applicant's property. 2. The applicant shall be permitted to temporarily store spoil materials on the site in a location that is at least 200 feet from the outer edge of any landscaping and along May Creek or the shoreline of Lake Washington. 3. The applicant shall complete the installation of all required landscaping within this calendar year. 4. Any storage or placement of materials on the site that results in permanent or topographical changes to any part of the applicant's property shall be subject to separate review under the Mining,Excavation and Grading Ordinance. 5. Within the vicinity of the applicant's property line,the applicant shall keep Lake Washington Boulevard free of debris at all times. Barbee Mill Company - Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP January 8, 1998 Page 6 6. The dredging spoils are to be temporarily stored in the area described in this permit for no more than six months from the date that the dredging is completed. The applicant shall provide the City with the date the maintenance dredging is started and completed, and the date by which the dredging spoils are to be removed each year that it is necessary to complete the maintenance dredging. This will avoid any confusion between the applicant and City staff. 7. The temporary storage area where the dredging spoils are dewatered shall be hydroseeded within two weeks of the removal of the dredging spoils. In the event that this occurs during a time period when hydroseeding is not effective,the applicant shall provide other erosion control measures to the satisfaction of Development Services Division. The applicant shall inform the Development Services Division why the hydroseeding is being delayed,what temporary erosion control measures will be performed,and when the hydroseeding will be conducted 8. The applicant shall be responsible for the maintenance and survival of the vegetation in the temporary storage area, in order to prevent wind or hydraulic erosion during the years in which no dredging occurs. 9. This permit shall expire five years from the date of approval. ORDERED THIS 8th day of January, 1998. FRED J.KA HEARING EXA R TRANSMITTED THIS 8th day of January, 1998 to the parties of record: Mark Pywell Michael Lloyd Barbee Mill Company 200 Mill Avenue S 38210 SE 92nd Street P.O.Box 359 Renton,WA 98055 Snoqualmie,WA 98065 Renton,WA 98057 TRANSMITTED THIS 8th day of January, 1998 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J.Warren,City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal 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.,January 22, 1998. 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 Barbee Mill Company Barbee Mill Maintenance Dredging File No.: LUA-97-156,SP January 8, 1998 Page 7 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. Vicinity Map " I-15 Inset Sca e: 6x ,,, H , J.H.Baxter ,' , kale: �0 'LOc •s` ,'`� . • " A„go � Quendall `.��'" L. 70P- a Teminals •° ���o 00 0 • , CO o �� Barbee • ) Mill , \ .• 61 • \Jo). . 0 / 4(.1 V ,• Inner Harbor Line \2 ,� "e. %Sediment - /1 $ I— 405 Storage Area Proposed Dror, Barbee ill Company DredgeCli) \ 111,114 i01 Lumbr Stoa�g415e • �1p�lrU�ln4 ,. nau \\ � \ 41% iii,ii III, 1 �4ill L ` O�OWHL(21.8') ` \ o\ L May eek a, 1 C:1141fr \ \ 0 . Parting ,,,,was \ \ -_- \'10- � Irrterlm sand lrW — s\\ �r0or •ravel storage anal \� Burlington ` --- \ \\ LakeWasf ngton RWNotfern -�� _�� \ \ \ Maintenance Dredging - 1997 - Site / Location Map County of King,State of Washington Latitude:47 31'40"Longitude 122 12'12" • Barbee Mill Company,P.O.Box 359,Renton Washington 98057 • L&AI/RML 8/97 File: 8asemap.CAD 12' ^^�� 10' ��w, 14' `•6C, ^16' _ 18' vv Inner ___ -- tot?) A Harbor Line --- ---) . 'Sedimen is) •( _ ..... , Storage rea N - Main ance`• Scale red ♦ic•• z' 0' S0 100' a ' • Existing (4/97) and Proposed Maintenance x Dredge/Upland Contours Cross-Section Locations ,� 12'__--------__ lost 141___ . ��/ 16'- ,,,,,t Pi= ' Bo• ouse #n Maintenance Dredging - 1997 Proposed Dredging & Upland Contours County of IGng,State of Washington Latitude: 47 31'40" Longitude: 122 12' 12" L&AI/RML 7/97 Barbee Mill Company,P.O. Box 359,Renton,Washington 98067 File: Cross97.CAD � Washington State Northwest Region I/ Department of Transportation 15700 Dayton Avenue North P.O.Box 330310 Sid Morrison Secretary of Transportation Seattle,WA 98133 9710 (206)440-4000 1.0) E @ E R --, ,Ely DEC 2 9 1997 1997 DATE: December 12, 1997 CITY OF RENTON NNIN� HEARING EXAMINER v TM'oF aeNT t4 TO: Mark Pywell City of Renton, Project Manager 200 Mill Avenue South Renton WA 98055 Subject: SR 405 MP 7.68 CS 1744 Determination of Nonsignificance -Barbee Mill Dredging File No. LUA-97-156,SP,ECF FROM: Ro ert A. Joi4plison, PE, Manager of Planning & Local Coordination Washington State Department of Transportation Northwest Region 15700 Dayton Avenue North, MS 122 P. O. Box 330310 Seattle, WA 98133-9710 Thank you for giving us the opportunity to review this project, which is located 4101 Lake Washington Blvd.. Our response is below: We have reviewed this subject document and have no comments. The Project will have no significant impact on the state highway system. If you have any questions, please contact Don Hurter at 440-4664 or Vickie Erickson at 440-4915 of my Developer Services section VEE:vee File Name iP C )F RENTON Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator December 12, 1997 Mr. Michael Lloyd Lloyd &Associates, Inc. 38210 SE 92nd Street Snoqualmie, WA 98065 SUBJECT: Cugini Maintenance Dredging Project No. LUA-97-156,SP,ECF Dear Mr. Lloyd: 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. As you are aware, a Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on December 16, 1997 at 9:00 AM to consider the Special Fill and Grade Permit (SP). The applicant or representative(s) of the applicant is required to be present at the public hearing. If you have any questions, please feel free to contact me at 425-277-5586. For the Environmental Review Committee, Mark R. P , AICP Project Hager cc: Barbee Mill Company/Owner _ FINAL DOC 200 Mill Avenue South - Renton, Washington 98055 60 This paper contains 50%recycled material,20%post consumer CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the cttb day of L1cc.cwA)e_ir- , 1997, I deposited in the mails of the United States, a sealed envelope containing documents. This information was sent to: vv Name Representing M‘clnael Llo.ick tarbee. m,kt CAvsnPv‘i (Signature of Sender) isOuti0. K--. STATE OF WASHINGTON ) ) SS COUNTY OF KING ) L I certify that I know or have satisfactory evidence that:_fi rtd.,ea_ Y1 signed this instrument and acknowledged it to be his/her/their free and voluntary act for/the uses and purposes mentioned('in the instrument. Dated: 1 1,0c A / Notary Publi jin and for the State otWashington Notary (Print) My appointment expMARILYN KAMCHEFF • COMMISSION EXPIRES 6/29/99 • Project Name: sar Vvn,11 rActtbitena.K.c recityL9 Project Number: t_ua q1 — SP NOTARY.DOC AFFIDAVIT OF PUBLICATION Kristina Thompson, being 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 Washington, on December 16, 1997 at Le g a I s 9:00 AM to consider the Special Fill & Grade Permit (SP). If the Environmental a daily newspaper published seven (7) times a week. Said newspaper is a legal Determination is appealed, the appeal will newspaper of general publication and is now and has been for more than six months NOTICE OF ENVIRONMENTAL be heard as part of this public hearing. DETERMINATION Published in the South County Journal prior to the date of publication, referred to, printed and published in the English language ENVIRONMENTAL REVIEW COMMITTEE November 24, 1997.3917 _ continually as a daily newspaper in Kent, King County, Washington. The South County RENTON,WASHINGTON Journal has been approved as a legal newspaper by order of the Superior Court of the The Environmental Review Committee State of Washington for King County. (ERC)has issued a Determination of Non- Significance for the following project under The notice in the exact form attached, was published in the South County the authority of the Renton Municipal Journal (and not in supplemental form) which was regularly distributed to the subscribers Code. during the below stated period. The annexed notice, a BARBEE MILL DREDGING LUA-97-156,SP,ECF Applicant seeks a five year permit to Barbee Mill Dredging dredge the mouth of May Creek where sediments build up. The five year permit would allow for the removal of 2,200 cubic as published on: 11/24/97 yards of material annually to keep the mouth of the stream open. Location: 4101 ed for said foregoing publication is the sum of$56.15 Lake Washington Blvd. The full amount of the fee charged 9 9 The 15 day comment and appeal period Legal Number 3917 for this project will run concurrently end at 5:00 PM on December 9, 1997. Following this, the City will finalize its Determination unless comments received require a re- evaluation. Written comments and requests for reconsideration shall be for- gal Clerk, S uth County Journal warded to the Development Services Division Land Use Review Supervisor. 1 —,rek Information on the project file is available Subscribed and sworn before me on this ( g day of NOT t ` , 19 at the Development Services Division, Third Floor, Municipal Building, Renton, Washington 98055. Phone: 235-2550. n, Appeal procedures are available in the City �` *�\ f, Clerk's office, First Floor, Municipal _ I '-qt) �I,( owl'l I I►/// 1'r t �_ Building. `\‘‘��, L1. PP* A Public Hearing will be held by the � ```� Fh' i Notary Public of the State of Washington Renton Hearing Examiner at his regular `�,` • sIoN E,F, !��i meeting in the Council Chambers on the • o, .qF� residing in Renton second floor of City Hall, Renton, Z. .L �NaTAgy H- King County, Washington -0- • _ O.:Or:� ,,`/�/O p%wASN``�0 / // it , �� 113NINA3 ONISV3H 6,41 L6618 - 630 State of Washington I A il y� 3 DEPARTMENT OF FISH AND WILDLIFE i Mailing Address: 600 Capitol Way N•Olympia,WA 98501-1091 •(360)902-2200,TDD(360)902-2207 Main Office Location: Natural Resources Building• 1111 Washington Street SE•Olympia,WA December 2, 1997 Jana Huerter, Land Use Review Supervisor City of Renton Development Services Division 200 Mill Avenue South Renton, Washington 98055 SUBJECT: Determination of Non-Significance - Barbee Mill Dredging - LUA-97-156 SP, ECF, Lake Washington, Tributary to Ship Canal, King County, WRIA 08 .LKWA Dear Ms . Huerter : • The Washington Department of Fish and Wildlife (WDFW) has reviewed the above-referenced document and submits the following comments . WDFW was a party to the "Agreed Order of Compliance and Relief from Penalty" (the order ) related to the dredging permit and was instrumental in designing an alternative to the paying of fines, i .e . , the restoration of a riparian zone along May Creek . WDFW notes that, in spite of the meager extent of the vegetation .,plan, Barbee Mill has been seriously negligent in implementing it . A summer 1997 inspection by WDFW found that very few of the plantings were in place . The order stipulated that completion of the vegetation project was to occur prior to December 31, 1995. In view of Barbee Mill 's history of non-compliance with permit requirements and failure to comply with the order, WDFW recommends that the City delay issuance of any permits for further dredging until Barbee Mill has fully complied with the order which dealt with the earlier permitting problems . • Thank you for the opportunity to comment . By copy of this letter, WDFW requests the City of Renton Hearing Examiner to enter these comments as part of the public hearing record and to implement . WDFW' s recommendations . If you have questions or need additional information, please call me at ( 425 ) 392-9159 . Jana Huerter Page 2 December 2, 1997 We appreciate your cooperation in our efforts to protect, perpet- uate, and manage the fish and wildlife resources of the state of Washington . Sincerely,0-1 1) Larry Fisher Area Habitat Biologist Habitat Management Program if cc : WDFW, Rickard WDFW, Muller WDOE, Luster City of Renton Hearing Examiner L&AILloyd & Associates, Inc. -Michael Lloyd,PhD/JD 38210 SE 92nd Street,Snoqualmie,WA 98065 425-888-1905 mlloyd@brigadoon.com December 10, 1997 ikeb Mark Pywell DEC City of Renton ' 11 Planning/Building/Public Works Dept. uoVc ryN��, 200 Mill Avenue South O"f oNNiNG Renton, Washington 98055 Subject: Response to Department of Fish and Wildlife Comment Determination on Non-Significance Barbee Mill Dredging: LUA-97-156 SP, ECF Dear Mr. Pywell: I am in receipt of the comments of Mr. Larry Fisher to the City of Renton's Determination of Non-Significance for Barbee Mill Dredging. I find Mr. Fisher's comments to be inaccurate and misleading and do not provide a basis for either denying or delaying issuance of a Special Permit for Grade and Fill (dredging). I believe it is also worth stating that the Barbee Mill Company is not particulary happy about having to dredge accumulating erosional sediments derived from upstream sources. Contrary to Mr. Fisher's assertion, the Washington Department of Fish and Wildlife (WDFW) was not a party to the "agreed order." The only parties to the order were the Department of Ecology, City of Renton and Barbee Mill Company. The WDFW was invited by Barbee Mill Company and the City of Renton to provide input to fisheries habitat issues in conjunction with dredge permitting and revegetation of the May Creek corridor as it passes through the Barbee Mill Company property. Input was also provided by the Corps of Engineers, King Conservation District, the City of Renton, and the Barbee Mill Company. Mr. Fisher further states that WDFW was instrumental in designing an alternative to paying of fines. This assertion is incorrect. The proposal to revegetate the May Creek corridor was proposed by the Barbee Mill Company and submitted to the WDFW for comment. As stated earlier, the WDFW was requested to provide input to the plan along with other groups. The revegetation plan, described as meager by Mr. Fisher, followed the guidelines and information provided by WDFW and the King Conservation District. Both WDFW and the King Conservation District reviewed the plan. No comments were provided by WDFW to the revegetation plan. Absent any comment, there is certainly no comment indicating that the plan was in any way meager or deficient. The estimated cost to implement the revegetation plan exceeds the potential $10,000 penalty by a factor of at least three. Clearly, it would have been considerably cheaper for the Barbee Mill Company to pay the fine. Nevertheless, the Barbee Mill Company recognized the considerable value of stream enhancement with native plantings even though the cost exceeded the potential penalty. Implementation and timing of the agreed order was contingent upon receiving the necessary permits and approvals for complying with the order from the City of Renton, Corps of Engineers, Washington Department of Fish and Wildlife, and the Washington Department of Ecology. Mr. Fisher's statement that the project was to occur prior to December 31, 1995 is incorrect. Approvals or permits to conduct the project from WDFW were not received until September 1996 and final approvals from the Department of Ecology and The Corps of Engineers were not received until November 1996. Dredging work was completed at the first permitted opportunity in the spring of 1997 as soon as flow in May Creek had declined. _ n Response Letter to Mark Pywc,,,City of Renton December 9, 1997 Page 2 In fact, the Barbee Mill Company began revegetating the May Creek Corridor in the spring of 1994 with initial plantings purchased from the King Conservation District to evaluate the feasibility and survival of plantings along May Creek. These initial plantings have done extremely well with a very high survival rate. The assertion by Mr. Fisher that the Barbee Mill Company has been "seriously negligent in implementing" [the revegetation plan] is incorrect. As recommended by the WDFW and the King Conservation District, planting success is generally best if plants are set in the early spring. Dredging was completed in the first available and permitted window during April 1997. The next opportunity to fully implement May Creek and shoreline revegetation will not arise until spring 1998. Mr. Fisher next states erroneously that Barbee Mill has a history of non-compliance with permit requirements and the agreed order. The agreed order basically required that the Barbee Mill Company complete the following: (1) remove previously dredged sediments from their location adjacent to the shoreline; (2) stabilize the shoreline to its 1985 configuration; (3) provide additional shallow water habitat; (4) complete dredging of the May Creek Delta; and(5) complete vegetative plantings to stabilize the shoreline. All of these elements were completed in April 1997 except for revegetation of the shoreline, which will be completed in the spring of 1998 to give new plants the best opportunity for survival. The permit granted by the City of Renton in 1994 required securing all necessary permits. A new dredging permit application was filed with the City of Renton upon expiration of the former permit provided for in the agreed order. Barbee Mill Company has vigorously pursued all necessary permits in the most timely manner. And yet, revegetation of the May Creek corridor may take a number of years for plantings to become fully established and for the benefits to the environment be realized. Barbee Mill is committed to this effort and has requested that the current dredging permit application be approved with the condition that revegetation efforts be continued through the next permit cycle. Given that the major elements of the agreed order have been completed,we believe this is a reasonable request. If you have any questions, or require any additional information,please contact me. Sincerely, Lloyd&Associates, Inc. R. Michael Lloyd,PhD/JD Project Manager,Barbee Mill Dredging cc. Rickard, WDFW Muller, WDFW Luster, WDOE Hankin, Schwabe-Williamson Attachment: Fisher letter to Jana Huerter, City of Renton(12/2/97) —Alo al ea did ....................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................ ....................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................ Q Q ......... ...................... ....... ............. ouNct.:..::Cl AM ERS#S COND FLOO RENTON MUNICIPAL BUILDING • hea wrll.:b..:::ca.:Io:.::::..::.t►e• ann • -PROJECT NAME: Barbee Mill Maintenance Dredging PROJECT NUMBER: LUA-97-156,SP PROJECT DESCRIPTION: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments collect. The five year permit, if granted, would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open and to prevent upstream flooding. Location: 4101 Lake Washington Blvd. PROJECT NAME: Estates at Hidden Creek PROJECT NUMBER: LUA-97-050,PP PROJECT DESCRIPTION: Preliminary Plat approval to subdivide 1.5 acres into 12 lots. Location: 860 Chelan Ave. NE. This project was first heard on October 14, 1997. Due to a discrepancy in the legal description contained within the file a second public hearing has been scheduled. PROJECT NAME: Kirkland Court Preliminary Plat PROJECT NUMBER: LUA-97-157,PP,SA-H PROJECT DESCRIPTION: The applicant proposes to subdivide a 3.76 acre parcel into 19 single family lots ranging between 5,000 and 7,709.7 square feet in size. The proposal has a net density of 7.6 dwelling units per acre. A 1.03 acre steep slope area in the northeast corner of the property is to be preserved as a separate Native Growth Protection Area (NGPA) tract. The subdivision and site plan application does not propose construction of residences on the created lots. The site plan indicates that single family residences would be constructed on the proposed lots. Location: 20XX Kirkland Place NE. AGNDA.DOC 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: December 16, 1997 Project Name: Barbee Mill Maintenance Dredging Applicant/ Barbee Mill Company Address: P.O. Box 359 Renton, WA 98057 Owner/ Barbee Mill Company Address: P.O. Box 359 Renton, WA 98057 File Number: LUA-97-156, SP Project Manager: Mark R. Pywell, AICP Project Description: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments collect. The five year permit, if granted, would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open and to prevent upstream flooding. _ Project Location: 4101"Lake Washington Blvd. j I. , :A- , ' Exit 7 QuendallLog YardfCOR arrn c Bbee Mill dIII Company . ', a] RI . COR Dd N CD 1 ' i /4?-144 .E Dredginde ,/,‘,;.: Locaugn ,/ I. 48 h St. ,'�• -C.-D.- I LMAiV'S- :.o I .zi; /4 a • I 4,�, I , 1 tI ii GARDEN--OP EDEN--- 4 1 ! 14-8 au- hruumo,"-i•--MI&- . . ; Barbee Mill Company-Maintenance Dredging City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner BARBEE MILL MAINTENANCE DREDGING LUA-97-156,SP PUBLIC HEARING DATE: December 16, 1997 Page 2 of 6 B. GENERAL INFORMATION: 1. Owner of Record: ' The Barbee Mill Company 2. Zoning Designation: COR (Center Office Residential) 3. Comprehensive Plan Center Office Residential :Land Use Designation • 4. Existing Site Use: Industrial (Sawmill) 5. Neighborhood Characteristics: North: Vacant& Residential East: Residential South: Residential West: Lake Washington 6. Access: Lake Washington Blvd. 7. Site Area: 18,000 sf 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 Comprehensive Plan 4498 • 2/20/95 Zoning 4404 6/7/93 Annexation 1804 12/8/59 • D. PUBLIC SERVICES: 1. Utilities: Water: 12" Watermain in Lake Washington Blvd. Sewer: 12" Sanitary Sewer main in Lake Washington Blvd. Surface Water/Storm Water: Land surface slopes towards Lake Washington and/or May Creek. 2. Fire Protection: City of Renton Fire Department 3. Transit: N/A HEXRPT.DOC • Cityof Renton P/B/PW Department Preliminary Report to the HearingExaminer P rY A BARBEE MILL MAINTENANCE DREDGING LUA-97-156, SP PUBLIC HEARING DATE: December 16, 1997 Page 3 of 6 4. Schools: N/A 5. Recreation: N/A 6. Other: N/A E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Section 4-31-25.1 COR Zone 2. Section 4-31-27 Mining, Excavation and Grading Ordinance F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Section I, Center Office/Residential 2. Chapter 8 Environmental G. DEPARTMENT ANALYSIS: 1. PROJECT DESCRIPTION/BACKGROUND The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if granted, would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open and to prevent upstream flooding. This project was last reviewed at a public hearing on June 28, 1994. At that time, the permit also included the removal of dredge spoils along the shoreline of Lake Washington in order to re- establish the shoreline. That work has been concluded and the dredge spoils were removed. The applicant is now seeking a new five year permit in order to remove the sediment that is anticipated to collect at the mouth of May Creek. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on November 18, 1997, the Environmental Review Committee issued a Determination of Non-Significance. 3 COMPLIANCE WITH ERC MITIGATION MEASURES N/A HEXRPT.DOC • City of Renton P/B/PW Department ' _. Preliminary Report to the Hearing Examiner BARBEE MILL MAINTENANCE DREDGING LUA-97-156,SP PUBLIC HEARING DATE: December 16, 1997 Page 4 of 6 4. 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. 5. CONSISTENCY WITH SPECIAL PERMIT FOR DREDGING APPROVAL CRITERIA 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: GENERAL CRITERIA: A. SIZE AND LOCATION OF THE ACTIVITY The project site is located on the west shore of Lake Washington at the point where May Creek enters the lake. The applicant is seeking a five year permit that would allow the removal of up to 2,000 cubic yards of sediment per year from May Creek. It is unlikely that the applicant would need to dredge the mouth of May Creek each year. The dredging cycle is determined by the storm events that carry the sediment downstream and deposit them at the delta area. This permit also includes the removal of 200 cubic yards of bark and debris from the log loading area adjacent to the mouth of May Creek. B. TRAFFIC VOLUMES AND PATTERNS; The applicant is limited to 2,200 cubic yards of maintenance dredging. It will take approximately 110 round trip truck trips to remove the dredge spoils from the project site. It is estimated that each truck would carry approximately 20 cubic yards. Trucks leaving the project site would turn left on Lake Washington Boulevard and enter 1-405 via NE 44th Street. Trucks returning to the project site would use the same streets. This is the same route presently used by the logging trucks. The temporary increase in truck activity would be of a limited duration and is not anticipated to cause significant adverse impacts to the roads. C. SCREENING, LANDSCAPING, FENCING AND SETBACKS; No screening, landscaping, fencing or setbacks are required for the dredging'portion of the project as it is located in Lake Washington and the mouth of May Creek. The dredge material will be temporarily stockpiled in order to dewater the spoils before transportation. The applicant will need to remove the dredge spoils from the temporary storage area to an upland location within six months. The applicant intends to sell the dredge spoils as fill material and thus no specific upland area is provided at this time. However, if the dredge spoils remain unsold at the end of the six month period, the applicant will need to remove them from the temporary storage HEXRPT.DOC City of Renton P/B/PW Department Preliminary Report to the Hearing Examiner BARBEE MILL MAINTENANCE DREDGING LUA-97-156,SP PUBLIC HEARING DATE: December 16, 1997 Page 5 of 6 area and relocate them to an upland area. If the dredging spoils are to be stored on an upland portion of the Barbee Mills property, then a site should be selected that is a minimum of 200 feet from the edge of the planted area along May Creek. If the spoils are stored in an upland area, the applicant will need to install and maintain temporary erosion control measures, in accordance with Code-requirements, around the upland site until the spoils are permanently"removed from this site. The applicant intends to hydroseed the temporary storage area where the dredging spoils are dewatered after the dredging spoils are removed. The hydroseeding of this site is intended as an erosion control measure that will prevent wind blown or hydraulic erosion. The applicant will need to ensure that the vegetation in this area remains viable during the years when no dredging occurs in order to further prevent erosion in this area. D. UNSIGHTLINESS, NOISE,DUST; Noise will be associated with the dredging of the area and the removal of the dredging spoils after they are dewatered. These noise levels are not anticipated to exceed the noise levels of the existing lumber mill on the project site and should be of a limited duration. Thus, the potential noise levels are not anticipated to have an adverse impact on the adjacent properties. It is anticipated the temporary erosion control measures that the applicant has included in the project description will prevent dust from becoming a problem. E. SURFACE DRAINAGE; The dredging spoils will be placed in a bermed temporary storage area where they will be dewatered. The water from this area will infiltrate the ground and eventually run back into Lake Washington. The dredging spoils have been tested for contamination in past years due to the proximity of the Baxter site where soil contamination has been found. No significant levels of contamination were found within the dredging spoils. 6. REUSE OF SITE Any new development 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 would probably occur on this site, it is anticipated that a public hearing before the Hearing Examiner would be required. 7. TRANSFERABILITY OF SPECIAL PERMIT This permit will run with the land and should be transferred to future property owners. 8. PERMIT EXPIRATION: Staff recommends that the permit should expire five (5) years from the date of approval. This special permit shall be null and void if the applicant has not begun the activity within six (6) months after the granting of the permit, unless the Hearing Examiner grants an extension of time. If the applicant can not obtain a window for the dredging from State and Federal agencies within six months of the date of approval of this permit, the applicant needs to inform the City in writing of the dates when the dredging will occur. HEXRPT.DOC City of Renton PB/PW Department Preliminary Report to the Hearing Examiner BARBEE MILL MAINTENANCE DREDGING LUA-97-156, SP PUBLIC HEARING DATE: December 16, 1997 Page 6 of 6 9. REVOCATION OF A PERMIT: The Planning/Building/Public Works Department is authorized to revoke any annual license issued pursuant to the terms of this Ordinance if after due investigation they determine 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 the licensee fails or neglects to do so within the time period, the order of revocation shall be final. A total or partial stop work order may be issued for good reason. H. RECOMMENDATION: Staff recommends approval of the Barbee Mill Maintenance Dredging, Project File No. LUA-97- 156,SP subject to the following conditions: (1) The dredging spoils are to be temporary stored in the area described in this permit for no more than six months from the date that the dredging is completed. The applicant shall provide the City with the date the maintenance dredging is started and completed, and the date by which the dredging spoils are to be removed each year that it is necessary to complete the maintenance dredging. This will avoid any confusion between the applicant and City staff. (2) The temporary storage area where the dredging spoils are dewatered shall be hydroseeded within two weeks of the removal of the dredging spoils. In the event that this occurs during a time period when hydroseeding is not effective, the applicant shall provide other erosion control measures to the satisfaction of the Development Services Division. The applicant shall inform the Development Services Division why the hydroseeding is being delayed, what temporary erosion control measures will be in performed, and when the hydroseeding will be conducted. (3) The applicant shall be responsible for the maintenance and survival of the vegetation in the temporary storage area, in order to prevent wind or hydraulic erosion, during the years in which no dredging occurs. (4) This permit shall expire five years from the date of approval. HEXRPT.DOC ' CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA-97-156,SP,ECF APPLICANT: Barbee Mill Company PROJECT NAME: Barbee Mill Dredging DESCRIPTION OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit,if granted,would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. LOCATION OF PROPOSAL: 4101 Lake Washington Blvd 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 fifteen(15)days. Comments regarding the environmental determination must be filed in writing on or before 5:00 PM December 9,1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is 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 time of the determination may submit written comments.After review of the comments,if Environmental Review Committee finds there is not sufficient evidence to amend its original determination,then there will be no further extension of the appeal period. Any person wishing to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Review Supervisor,City of Renton Development Services Division,200 Mill Avenue South, Renton,WA 98055. If an appeal of the environmental determination is also filed with the Hearing Examiner during the same 15-day comment period,then the Environmental Review Committee will first take action on the request for reconsideration and the appellant will be notified that the appeal is on hold pending the Committee's decision on the reconsideration request. The City will notify the appellant/person requesting reconsideration and parties of record and the Hearing Examiner of the Environmental Review Committee's final determination. The appeal process will then be continued unless the appellant notifies the Hearing Examiner in writing that he wishes to withdraw the appeal. Appeals of the environmental determination must be filed In writing on or before 5:00 PM December 9,1997. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner, City of Renton,200 Mill Avenue South, 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)-235-2501. PUBLICATION DATE: November 24, 1997 DATE OF DECISION: November 18, 1997 SIGNATURES: /1441 ii//1/%7 Gregg Zim a an, inistrator DATE Departmento PI Wing/Building/Public Works .-%_.--- //// : • Sam hastain,Adm rnstrator DATE Community Service Department AV� /(// 7ff� Lee heeler,Fire Chief DATE Renton Fire Department Document5 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE *ADVISORY NOTES* APPLICATION NUMBER: LUA-97-156,SP,ECF APPLICANT: Barbee Mill Company • • PROJECT NAME: Barbee Mill Dredging DESCRIPTION OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit,if granted,would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. - LOCATION OF PROPOSAL: 4101 Lake Washington Blvd • Advisory Notes to Applicant: w.. : . . 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. The Special Permit for dredging requires a public hearing before the Hearing Examiner. The date of December 16, 1997, has been tentatively set for the required public hearing. A Cross-section A-B B Horizontal Scale: 1" = 50' Vertical Exageration 5x ^ 26 26 Bridge 24 24 Ordinary High Water Level (OHWL 21.8'MSL) E22 - —___- --- - ______._----- u 20 - — 20 C 18 - — 18 O .471 16 - — 16 I 14 — 14 012 — 12 10 — 10 Cross-section C-D Horizontal Scale: 1" = 50' Vertical Exageration 5x e. 26 - — 26 i 10 10 Maintenance Dredging - 1997 Cross-Sections A-B, C-D Barbee Mill Company, P.O. Box 359, Renton Washington 98057 L&AI/RML 7/97 • - File: Crosec97.CAD O� 12' '�' 10' ���� 14' _v�� — 161 - 18� w Inner - A Harbor Line • •_ . ,x 51 %iv, •Q ". •• .' oNi '8J 'Sedimen N . Storage °D rea N -- Main -nance`., , Scale mcsommasime red s - ,x. �k 0' 50' 100' • -a - Existing (4/97) and Proposed Maintenance x % Dredge/Upland Contours Cross-Section Locations lost ` 141_- ' 16 4 1111 Pi-18'- : . i. Bo• house s v Maintenance Dredging -.1997 Proposed Dredging & Upland Contours County of King,State of Washington Latitude: 47 31'40" Longitude: 122 12' 12" •L&AI/RML 7/97 . Barbee Mill Company, P.O. Box 359, Renton,Washington 98067 File: Cross97:CAD Vicinity Map Inset Scale: 6x .. . J.H.Baxter .# .. Scale. p,c . . $ O• `` •� ,Imisiiiiiiin � � `, �c• Quendall . ' as � (,-;-2 � m inals etc° cS° 0 . --.. • II ('� Barbee • \ � Mill . /1 Ilk VA e. V . d ' , 0 Inner Harbor Line - ---- \ I) V �. tea: • Sediment �'� .��� I- 405 Storage Area Barbee ill Company Proposed nrinp (--.-)-_-.-_ , \\ Dredge III'll r \ ynull ,Inl. ,Ih,Area I ,hu 'u,? IIIIIuLumberStoragd�lll,,141 \` 2nlll wimc,,,n OQIIIII - 7,11111111„1111 /(� ` `IIIII �I im/110/ , ',41.dyt l n - `� f� OWHL(21.8') A " ar�" u4u ubu ... - ` G,� g May reek ' 'cwI.:.— e \ 211' ,� Office O O Padang Area -__ - p•-- \ sue.. ` Y \� 30' Interim sand and --w*,-....ter Stour gravel storage area Burlington -� \ • - Northern ROW �\ Lake Washingevardton T----r —_ ` Maintenance Dredging - 1997 Site / Location Map County of IGng,State of Washington Latitude:47 3V 40"Longitude 12212'12" Barbee Mill Company,P.O.Box 359,Renton Washington 98057 L&AI/RML 8/97 File: Basemap.CAD i'J I,STATR0 -1,50411 . A�ieee ,° State of Washington DEPARTMENT OF FISH AND WILDLIFE Mailing Address: 600 Capitol Way N•Olympia,WA 98501-1091 •(360)902-2200,TDD(360)902-2207 Main Office Location: Natural Resources Building•1111 Washington Street SE•Olympia,WA December 2, 1997 DEC 0 5 1997DEVE!_oPMrrv'r�'�NrVINc;Jana Huerter, Land Use Review Supervisor cIileori LAN City of Renton Development Services Division 200 Mill Avenue South Renton, Washington 98055 SUBJECT: Determination of Non-Significance - Barbee Mill Dredging - LUA-97-156 SP, ECF, Lake Washington, Tributary to Ship Canal, King County, WRIA 08 .LKWA Dear Ms . Huerter : The Washington Department of Fish and Wildlife (WDFW) has reviewed the above-referenced document and submits the following comments . WDFW was, a party to the "Agreed Order of Compliance and Relief from Penalty" (the order ) related to the dredging permit and was instrumental in designing an alternative to the paying of fines, i .e . , the restoration of a riparian zone along May Creek . WDFW notes that, in spite of the meager extent of the vegetation plan, Barbee Mill has been seriously negligent in implementing it . A summer 1997 inspection by WDFW found that very few of the plantings were in place . The order stipulated that completion of the vegetation project was to occur prior to December 31, 1995 . In view of Barbee Mill ' s history of non-compliance with permit requirements and failure to comply with the order, WDFW recommends that the City delay issuance of any permits for further dredging until Barbee Mill has fully complied with the order 'which dealt with the earlier permitting problems . Thank you for the opportunity to comment. By copy of this letter, WDFW requests the City of Renton Hearing Examiner to enter these comments as part of the public hearing record and to implement WDFW ' s recommendations . If you have questions or need additional information, please call me at • ( 425) 392-9159 . r Jana Huerter Page 2 December 2, 1997 We appreciate your cooperation in our efforts to protect, perpet- uate, and manage the fish and wildlife resources of the state of Washington. Sincerely, Larry Fisher Area Habitat Biologist Habitat Management Program if cc : WDFW, Rickard WDFW, Muller WDOE, Luster City of Renton Hearing Examiner • :;>`>:�LANNINGDlVI t N ' '```. >` <_ ; 1'_ ` ' >> `> ``` >>>'. . • ::::............:.:.:.... On the 201 day of govember , 1997, I deposited in the mails of the United States, a sealed envelope containing RL a e K4 v VV1i '�Ift'{1 documents. This information was sent to: • Name • Representing Department of Ecology Don Hurter WSDOT • KC Wastewater Treatment Division Larry Fisher Washington Department of Fisheries David F. Dietzman Department of Natural Resources Shirley Lukhang Seattle Public Utilities • Duwamish Indian Tribe Rod Malcom Muckleshoot Indian Tribe Rita-Pere 3o. act%V o.. Puget-Power Ptnget sound C'hefig • y (Signature of Sender) crtLigligtK Se�tr STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that��rn t.24 * £c :�.� signed this instrument and acknowledged it to be his/her/their free and voluntary act for Cale uses and purposes mentioned in the instrument.' Dated:'--11 C)1)• Z'I J g 7 Notary Publl S 1n and the State of W ington • Notary(Print) My appointment COMMISSION EXPIRES 6/29/99 Project Name:. Bo_Amt. W\A% Comit1 t Project Number: fWR 1 . ISIo 6 SPi e NOTARY.DOC � � CIT Y�,OF RE NTON TON - L l~'; bra .. Planning/Building/Public Works Department .; Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator November 19, 1997 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 and Environmental Checklist for the following project reviewed by the Environmental Review Committee (ERC) on November 18, 1997: DETERMINATION OF NON-SIGNIFICANCE ^ ` • ' BARBEE MILL DREDGING/LUA-97-156,SP,ECF The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if granted,would allow for the removal of 2,200 cubic yatds of material annually to keep the mouth of the stream open. Location: 4101 Lake Washington Blvd. • Comments regarding the environmental determination must be filed in writing on or before 5:00 PM December 9,. 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is 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 time of the determination may submit,written comments.After review of the comments; if Environmental Review Committee finds there is not sufficient evidence to amend its original determination,then there will be no further extension.of the appeal period. Any person wishing to`take further action would need to file a formal appeal within the original 15-day timeframe.: Written comments must be filed with: Jana Huerter, Land Use Review Supervisor, City of Renton Development Services Division, 200 Mill Avenue South, Renton, WA 98055. If an appeal of the environmental determination is also filed with the Hearing Examiner during the same 15-day comment period,then the Environmental Review Committee will first take action on the request for reconsideration and the appellant will be notified that the appeal is on hold pending the Committee's decision on the reconsideration request. The City will notify the appellant/person requesting reconsideration and parties of record and the Hearing,Examiner of the Environmental Review Committee's final determination. The appeal process will then be continued unless the appellant notifies the Hearing Examiner in writing that he wishes•to withdraw the appeal.Appeals of the environmental determination must be filed in writing on or before 5:00 PM December 9, 1997. :Appeals must be filed in writing together-with the required $75.00 application fee with: Hearing Examiner,City of Renton,200 Mill:Avenue South, 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)-235-2501. If you have questions, please call me at (425) 2'11.SS 8(0. • For the Environmental Review Committee, % 2/ . Mark R. P AICP Project t'nager • cc: King County Water Pollution Control Division, Metro: Larry Fisher, Department of Fisheries ' =' David F..Dietzman;Department of Natural Resources : Don Hurter, Department of Transportation Shirley Lukhang, SeattlePublic Utilities Duyvartish Tribal Office `'. : Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) Joe Jainga,.Puget Sound Energy', ; : _ - AGNRwi • 7fl(1 1Vril1,Avan,,A .Qniith RPntnn" Wacbinotnn (MSS' • CITY OF RENTON • DETERMINATION OF NON-SIGNIFICANCE *ADVISORY NOTES* • APPLICATION NUMBER: LUA-97-156,SP,ECF APPLICANT: Barbee Mill Company • ' PROJECT NAME: Barbee Mill Dredging DESCRIPTION OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit,if granted,would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. LOCATION OF PROPOSAL: 4101 Lake Washington Blvd Advisory Notes to Applicant: The following notes are supplemental information provided fn 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. The Special Permit for dredging requires a public hearing before the Hearing Examiner. The. . . date of December 16,1997,has been tentatively set for the required public hearing. • • • • • • • • • • • :fY. .. �.. F= - -`CIS:�� �O ;RENTON - Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator November 19, 1997 • • • • Mr. Michael Lloyd Lloyd &Associates, Inc. 38210 SE 92nd Street - Snoqualmie, WA 98065 SUBJECT: Barbee Mill Dredging Project No. LUA-97-156,SP,ECF Dear Mr. Lloyd: 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 November 18, 1997, 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 .IStatement (EIS) :IS not required .under RCW 43.21 C.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. Comments regarding the environmental determination must be filed in writing on or before 5:00 PM December 9, 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is based on:erroneous procedure, errors of law or fact, error iri judgment,or the discovery of new evidence which could not be reasonably available at the time of the • determination may submit written comments: After review of the comments, if Environmental Review Committee finds there is not sufficient evidence to amend its original determination, then there will be no further extension of the'appeal period.. Any person wishing'to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter,•. Land Use Review Supervisor, ,City of Renton Development Services Division, 200 Mill Avenue South, Renton, WA 98055. . If an-appeal of the environmental determination is also filed with the Hearing •:`. -Examiner during the same 15-day comment period, then the Environmental Review Committee will first take action on the request for reconsideration and the appellant will be notified that the appeal is on hold pending the Committee's decision on the reconsideration request. The City will notify. the appellant/person requesting'reconsideration and 'partieof record and the Hearing Examiner of the_ Environmental Review Committee's final determination. The appeal process will then be .continued -unless the appellant notifies the Hearing Examiner in writing that he wishes to withdraw the appeal..„ Appeals of the environmental determination must 'be filed in writing on or. before .5:00 :PM • December 9, 1997. Appeals must be filed in writing together.with the required.$75.00 application;fee With: Hearing Examiner, City of Renton; 200 Mill Avenue South, 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)-235-2501. ' DNSLTR.Doe 200 Mill Avenue South'-;Renton;Washington 98055 :: • November 19, 1997 Page-2 Mr. Michael Loyd - Lloyd &Associates, Inc. Project No. LUA-97-156,SP,ECF Page2of2 • A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on December 16. 1997 at 9:00 AM to consider the Special Fill and Grade Permit (SP). 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 If the Environmental Determination is appealed, the appeal will be heard-as part of this public hearing The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425)277-5586.: • • . For the Environmental Review Committee, • s • • Mark R. ell,AICP Project anager cc: Barbee Mill Company/Owner Enclosures • • 4'w. .. dnsmltr CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE - *ADVISORY NOTES* APPLICATION NUMBER: LUA-97-156,SP,ECF APPLICANT: Barbee Mill Company PROJECT NAME: - Barbee Mill Dredging DESCRIPTION OF PROPOSAL: The applicant,seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit,if granted,would allow for the removal of 2,200 cubic yards of material annually fo'keep the mouth of the stream open. LOCATION OF PROPOSAL: 4101 Lake Washington Blvd 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. The Special Permit-for dredging requires a public hearing before;the Hearing Examiner. The date of December 16, 1997, has been tentatively set for'the required public hearing. • • `� . • • • • • ti NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee (ERC) has issued a Determination of Non-Significance for the following project under the authority of the Renton Municipal Code. BARBEE MILL DREDGING LUA-97-156,SP,ECF Applicant seeks a five year permit to dredge the mouth of May Creek where sediments build up. The five year permit would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. Location: 4101 Lake Washington Blvd. The 15 day comment and appeal period for this project will run concurrently end at 5:00 PM on December 9, 1997. Following this, the City will finalize its Determination unless comments received require a reevaluation. Written comments and requests for reconsideration shall be forwarded to the Development Services Division Land Use Review Supervisor. Information on the project file is available at the Development Services Division, Third Floor, Municipal Building, Renton, Washington 98055. Phone: 235-2550. Appeal procedures are available in the City Clerk's office, First Floor, Municipal Building. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on December 16, 1997 at 9:00 AM to consider the Special Fill & Grade Permit (SP). If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. Publication Date: November 24, 1997 • Account No. 51067 dnspub . • . • • i . ,___ _ ___,. . \i itTi 4110,........0 'Er-a . .. . . . , . • ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: BARBEE MILL DREDGING PROJECT NUMBER: LUA.97-156,SP,ECF The applicant seeks a five year permit In order to dredge the mouth of May Creek where sediments build up. The five year permit,If granted,would allow for the removal of 2.200 cubic yards of material annually to keep the mouth of the stream open.Lorallon:4101 Lake Washington Boulevard. • THE CITY OF RENTON ENVIRONMENTAL'REVIEW COMMITTEE (ERC) HAS DETERMINED ' THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. AN ENVIRONMENTAL IMPACT STATEMENT WILL NOT BE REQUIRED. , Comments regarding the environmental determination must be filed In writing on or before 6:00 PM December 9, 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee Is based on erroneous procedure,errors of law or fed,error In Judgment.or the discovery of new evidence which could not be reasonably available at the lime of the determination may submit written comments.After review of the comments,If Environmental Review Committee finds there is not sufficient evidence to amend Its original determination,then there will be no further extension of the appeal period. Any person wishing to lake further action would need to file a formal appeal within the original 15-day Iimefreme. Written comments must be filed with: Jane Huerter,Land Use Review Supervisor,City of Renton Development Services Division,200 Mill Avenue South,Renton,WA 98055. If an appeal of the environmental delenelnatlon•ls also filed with the Healing Examiner during the same 15-day comment period,Then the Environmental Review Committee will first lake action on the request for reconsideration and the appellant Mil be notified that the appeal Is on hold pending the Committee's decision on the reconsideration request.The City will notify the appellanUperson requesting reconsideration and parties of record and the Hearing Examiner of the Environmental Review Committee's final determination. The appeal process'will Then be continued unless the appellant notifies the • Hearing Examiner in writing that he wishes to withdraw the appeal. Appeals of the environmental determination must be filed In writing on or before 6:00 PM December 9,1997. Appeals must be filed in writing together with the required 575.00 application fee with:Hearing Examiner,City of Renton, • 200 Mill Avenue South,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)-235-2501. • A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting In the Council Chambers . on the second floor of City Hall,Renton,Washington,on December 16,1997 at 9:00 AM to consider the , Special Fill&Grade Permit(SP). If the Environmental Determination is appealed,the appeal will be heard as part of this Public Hearing. r Oh • • r.rv.a r 1 an i en. ' f g / ei '\ 7El r c.em„w.a�rs; • 6' • it _Gl!ROEN.DP, DEN • ! • Ag4--I : _�,_: Barbee Mill Company•Maintenance Dredging FOR FURTHER INFORMATION,PLEASE COISIONTACT DIV ATE CITY F RENTON,DEVELOPMENT SERVIDO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION I IPlease include the project NUMBER when calling'for proper file identification: , • CERTiFICATION • 1, 11(1K I`I INN I t . hereby certify that 3 copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on • . /lkr/c�?l3 c—�2 �1/I9� �+� • Signed: : . ✓/ • STATE OF WASHINGTON ) • ) SS COUNTY OF KING ) • - 1 certify that i know or have satisfactory evidence that 1R7T ) 2,'-) n 1-1; signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. - • ' .Dated: 60 • /41 1 C157 Notary ublic• and or the Stale of ashinglon Notary (Print)• �FF ' My appointment I COMMISSION EXPIRES 6/29/99 1 OiARY.DCC . . i , . . , ,, . . NOTICE . . • • • . . . ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION • PROJECT NAME: BARBEE MILL DREDGING , PROJECT NUMBER: .LUA-97-156,SP,ECF The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build • up. The five year permit, if granted, would allow for the removal of 2,200 cubic yards of material ' annually to keep the mouth of the stream open. Location; 4101 Lake Washington Boulevard. THE CITY OF •RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE . ENVIRONMENT. AN ENVIRONMENTAL IMPACT STATEMENT WILL NOT BE REQUIRED. . Comments regarding the environmental determination must be filed in writing on or before 5:00 PM December 9, 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is 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 time of the determination may submit written comments.After review of the comments,if Environmental Review Committee finds there is not sufficient evidence to amend its original determination,then there will be no further extension of the appeal period. Any person wishing to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Review Supervisor,City of Renton Development Services Division,200 Mill Avenue South,Renton,WA 98055. If an appeal of the environmental determination is also filed with the Hearing Examiner during.the same 15-day comment period,then the Environmental Review.Committee will first take action on the request for reconsideration and the appellant will be ' notified that the appeal is on hold,pending the Committee's decision on the.reconsideration request. The City will notify the appellant/person requesting reconsideration and parties of record and the Hearing Examiner of the Environmental Review Committee's final determination. The appeal process will then be continued unless the appellant notifies the Hearing Examiner in writing that he wishes to withdraw the appeal. • Appeals of the environmental'determination must be filed in writing on or before 5:00 PM December 9, 1997. Appeals must be filed in writing together with the required$75.00 application fee with:Hearing Examiner,City of Renton, 200 Mill Avenue South, 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)-235-2501. • • A Public Hearing will be held by the Renton Hearing Examiner at'his regular meeting in the Council Chambers • on the second floor of City Hall,Renton,Washington,on December 16, 1997 at 9:00 AM to consider the • Special Fill & Grade Permit (SP). If the Environmental Determination is appealed, the appeal will be heard as part of this Public Hearing. • 1 Exit 7 Ouendall -• Log Yard • • COR c l rn "A ' O • o Barbee Mill • • aCompany :i r Y •• Y % �, 'S. MI • jlyy C y� • Oredgind . ��> C.D. I N'S �� d! ,''-•R-eau--8'-R-edv_I yil /F • i, / N..ieth . L i ' i' -GARDEN-OF DEN---} • Barbee Mill Company-Maintenance Dredging . • ' FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT • SERVICES DIVISION AT 235-2550. ' DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION • i!Please>.I01(#10.Ali i Iro Oct::V.UMBERiV.110n..c0ij1. .f0;: fay ergifil.0€I4010t.11.0.4 .o,n::<;:: :>:<�iiit:>n: • CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA-97-156,SP,ECF APPLICANT: Barbee Mill Company PROJECT NAME: Barbee Mill Dredging DESCRIPTION OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit,if granted,would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. LOCATION OF PROPOSAL: 4101 Lake Washington Blvd 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 fifteen(15)days. Comments regarding the environmental determination must be filed in writing on or before 5:00 PM December 9,1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is 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 time of the determination may submit written comments.After review of the comments,if Environmental Review Committee finds there is not sufficient evidence to amend its original determination,then there will be no further extension of the appeal period. Any person wishing to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Review Supervisor,City of Renton Development Services Division,200 Mill Avenue South, Renton,WA 98055. If an appeal of the environmental determination is also filed with the Hearing Examiner during the same 15-day comment period,then the Environmental Review Committee will first take action on the request for reconsideration and the appellant will be notified that the appeal is on hold pending the Committee's decision on the reconsideration request. The City will notify the appellant/person requesting reconsideration and parties of record and the Hearing Examiner of the Environmental Review Committee's final determination. The appeal process will then be continued unless the appellant notifies the Hearing Examiner in writing that he wishes to withdraw the appeal. Appeals of the environmental determination must be filed In writing on or before 5:00 PM December 9,1997. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner, City of Renton,200 Mill Avenue South, 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)-235-2501. PUBLICATION DATE: November 24, 1997 DATE OF DECISION: November 18, 1997 SIGNATURES: rIA ,V,, /2#0.4Cslak 1/%7 Gregg Zim a an, inistrator DATE Departmento PI ning/Building/Public Works - Sam'hastain,Administrator 4 DATE i Community Service Department 271„, Lee heeler,Fire Chief DATE _ Renton Fire Department Document5 • • CITY OF RENTON • DETERMINATION OF NON-SIGNIFICANCE *ADVISORY NOTES* • • APPLICATION NUMBER: LUA-97-156,SP,ECF 'APPLICANT: Barbee Mill Company ' PROJECT NAME: . . ' _ - Barbee Mill Dredging " ' . • DESCRIPTION OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May ' Creek where sediments build up. The five year permit,if granted,would allow • for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. • LOCATION OF PROPOSAL: , 4101 Lake Washington Blvd `- 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. The Special Permit for dredging requires a public hearing before the Hearing Examiner. The date of December 16,1997, has been tentatively set for the required public hearing. "r. • • • STAFF City of Renton REPORT Department of Planning/Building/Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ERC MEETING DATE November 18, 1997 Project Name Barbee Mill Dredging Applicant Barbee Mill Company File Number LUA-97-156,SP,ECF Project Manager Mark R. Pywell,AICP Project Description The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if granted,would allow for the removal of 2,200 cubic yards of material annually to keep the mouth of the stream open. Project Location 4101 Lake Washington Blvd. Exist. Bldg. Area gsf N/A Proposed New Bldg. Area gsf N/A Site Area 18,000 sf Total Building Area gsf N/A RECOMMENDATION Staff Recommend that the Environmental Review Committee issue a Determination of Non-Significance. ' - Exit 7 Guendall Log Yard COR lr) / Annzaz Barbee Mill • Company N 0 ' Dredging ;� y 0 d Locatigh 41 h St. — ' -C.-D. I L- Ni - ' /� ! sZ i/d � - eaa-- fl$du- a Ij,' . i IV.d8th'6t. s i -GARDEN--OP EDEN--- bR.i n.t.t.- ' Project Location Map R8 au fdU ERCRPT:DOC Barbee Mill Company-Maintenance Dredaina City of Renton PB/PWDepartment ,ironmental Review Committee Staff Report BARBEE MILL DREDGING - LUA-97-156,SP,ECF REPORT AND DECISION OF NOVEMBER 18,1997 Page 2 of4 B. RECOMMENDATION Based on analysis of probable impacts from the proposal, staff recommend that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON-SIGNIFICANCE-MITIGATED. Issue DNS with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with Concurrent 14 da A eal Period. XX Issue DNS with 15 day Comment Period Issue DNS-M with 15 day Comment Period with Concurrent 14 day Appeal Period. followed by a 14 day Appeal Period. C. MITIGATION MEASURES None required. 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. The Special Permit for dredging requires a public hearing before the Hearing Examiner. The date of December 16, 1997, has been tentatively set for the required public hearing. 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 applicant seeks approval of a five year permit to dredge the delta area of May Creek and to complete the habitat enhancement along the sides of May Creek on the applicant's property. The five year dredging permit will allow the applicant to remove up to 2,200 cubic yards of dredge spoils per year from the delta area of May Creek. The applicant does not feel that it will be necessary to dredge the channel each year but the frequency is dependent upon the storm events that periodically carry the silt downstream from the upland area. The five year time period will match the permit life span of the permits issued by the Corps of Engineers and the Washington State Department of Ecology(DOE). The dredging material will be temporarily stored in a bermed area adjacent to May Creek for dewatering. The applicant hopes to sell the dredge spoils for upland fill material. Soil sampling that has been provided by the applicant demonstrates that the soil is free from contaminates. If the spoils are not sold within six months, then the applicant will remove them to an upland location. After the dredge spoils have been removed the bermed area will be seeded in order to prevent erosion. This course of action was established under the previous five year permit and has successfully prevented the dredge spoils from eroding into the lake area. Mitigation Measures: No further mitigation measures required. ERCRPT.DOC City of Renton PB/PWDepartment ziwironmental Review Committee Staff Report BARBEE MILL DREDGING _ LUA-97-156,SP,ECF REPORT AND DECISION OF NO VEA'fBER 18,1997 Page 3 of4 Nexus: N/A 2. Air Impacts: Only minor adverse impacts are anticipated to the air quality during the dredging of May Creek and while the dredge spoils are dewatered. Exhaust from the dredging equipment and vehicles needed to transport the material will be a source of air pollution. Maintenance of the equipment to meet State and Federal air quality requirements will mitigate the potential adverse impacts. Wind blown dust from the dredge spoils would also have an adverse impact on the air quality. However, for most of the time that the material is stored at this location, the dredge spoils will be dewatering and should retain enough moisture to hold the material in place. The applicant will also have temporary erosion control measures in place to prevent wind erosion from occurring. Mitigation Measures: None Required. Nexus: N/A 3. Water Impacts: The proposed dredging along May Creek and Lake Washington and the installation of plant materials along May Creek could have some short term adverse impacts. The dredging itself will stir up some sediment in the water but the sediments should settle out of the water fairly quickly after the dredging has been completed. The planting along the stream could also release some sediment into the stream but again this should not be the cause of a significant amount of erosion. The plantings in the long term should help to stabilize the creek's banks during time periods of high water or flooding. The dredging of the sediment that has built up in the delta will reduce the flooding potential of the creek. In the review of the previous five year permit, staff was concerned about the potential impacts of the dredging upon the fish habitat around the delta of May Creek. The applicant provided a study that indicating that the fish habitat around the delta is very low quality and that the dredging would not have a significant adverse impact on the fish habitat. The study did indicate that there is prime fish habitat in the cove area just to the South of the dredging area. However, the dredging is not anticipated to adversely impact this area. Mitigation Measures: None required. 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. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. i ERCRPT.DOC • City of Renton PB/PWDepartment .c.n.dironmentalReview Committee Staff Report BARBEE MILL DREDGING LUA-97-156,SP,ECF REPORT AND DECISION OFNOVEMIBER 18,1997 Page 4 of4 Environmental Determination Comment Process Comments regarding the environmental determination must be filed in writing on or before 5:00 PM December 9, 1997. Any aggrieved person feeling that the environmental determination of the Environmental Review Committee is 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 time of the determination may submit written comments.After review of the comments, if Environmental Review Committee finds there is not sufficient evidence to amend its original determination, then there will be no further extension of the appeal period. Any person wishing to take further action would need to file a formal appeal within the original 15-day timeframe. Written comments must be filed with: Jana Huerter, Land Use Review Supervisor, City of Renton Development Services Division, 200 Mill Avenue South, Renton, WA 98055. If an appeal of the environmental determination is also filed with the Hearing Examiner during the same 15-day comment period,then the Environmental Review Committee will first take action on the request for reconsideration and the appellant will be notified that the appeal is on hold pending the Committee's decision on the reconsideration request. The City will notify the appellant/person requesting reconsideration and parties of record and the Hearing Examiner of the Environmental Review Committee's final determination. The appeal process will then be continued unless the appellant notifies the Hearing Examiner in writing that he wishes to withdraw the appeal. Environmental Determination Appeal Process Appeals of the environmental determination must be filed in writing on or before 5:00 PM December 9, 1997. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenue South, 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)-235-2501. ERCRPT.DOC C/ __ Renton Department of Planning/Building/ruprrc Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: fayie.s COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER 21, 1997 APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PYWELL PROJECT TITLE: Cugini Maintenance Dredging WORK ORDER NO: 78295 LOCATION: 4101 Lake Washington Boulevard SITE AREA: 18,000 Sq.Ft. BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 ,144,,000 Feet c /1,e, — /�7 4, B. POLICY-RELATED COMMENTS f C. CODE-RELATED COMMENTS tea _ - 1-0 1� 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. oed I c34.4.--6=&a.(,L) A24_07 �ure of Director or Authorized Representative ate 9 DEVAPP.DOC Rev.10/93 City of Ranton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: RAtce COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER 21, 1997 APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PYWELL PROJECT TITLE: Cugini Maintenance Dredging WORK ORDER NO: 78295 LOCATION: 4101 Lake Washington Boulevard SITE AREA: 18,000 Sq.Ft. BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 . inpel g- o ice �� �C6,4) 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 add'' nal information Is needed to properly a ss this proposal.Signature Director r� c�/� or Authorized Representative Date DEVAPP Rev.10193 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENTS ,a,®. (, —tej- COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER1 1,(1.1 EHTQI APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PY1I/ LC"'iilr" PROJECT TITLE: Cugini Maintenance Dredging WORK ORDER NO: 78295 nCT 21 1gg7 LOCATION: 4101 Lake Washington Boulevard SITE AREA 18,000 Sq.Ft. BUILDING AREA(gross): I/A o�t_rnt��a t.JIViSiON SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build'up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 y- NO ;/`;`;/,,k:; of'.I l�ty l itil%ovc�Ut4 r3i -f Velitt 1 HW- 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. AJoil 1/0dA 029/q7 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET. REVIEWING DEPARTMENT: VjA%POet$-ktw.‘ COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER 21, 1997 A4 OFR PT0 APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PYW h,r7Ra rn PROJECT TITLE: Cugini Maintenance Dredging WORK ORDER NO: 78295 OCT2 1 1997 LOCATION: 4101 Lake Washington Boulevard SITE AREA 18,000 Sq.Ft. BUILDING AREA(gross): N/P,-,eC.1.JVi'4 LAVISION -SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 !Vo -tit6 144 7 aiz fee ✓ett r,I✓eti. C. CODE-RELATED COMMENTS 1 No 5-f� 1vi1 nvv✓elt.. tvciwSf, 1.e.24 0(.4eociu 7ki- ivy , Identified areas ofprobable impact or areas We have reviewed this application with particular attention to those areas in which we have expertise and havep where additional information Is needed to property assess this proposal. ,0 6LP Signature of Director or Authorized epresentative Date DEVAPP.DOC Rev.10193 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: P`aN COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER 21, 1997 n'-"c ITOA! APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PYWELL PROJECT TITLE: Cugini Maintenance Dredging WORK ORDER NO: 78295 OCT 22 19sf LOCATION: 4101 Lake Washington Boulevard SITE AREA: 18,000 Sq.Ft. BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 Peet 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 property assess this proposal. )€?: Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10/93 REN E L!' DEPT City or Renton Department of Planning/Building/I�uoiic Works FIRE n. F AU ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET OCT 41 1337 REVIEWING DEPARTMENT: F - e *tom COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER 21i, 11997 ° APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PYWELL PROJECT TITLE: Cugini Maintenance Dredging WORK ORDER NO: 78295 LOCATION: 4101 Lake Washington Boulevard SITE AREA: 18,000 Sq.Ft. _ BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 UghUGlare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ HistoridCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS Ithitiak 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 ro sal. eAr. /07Z//97 Signature of Director or Authorized Representative Date DEVAPP.DOC Rev.10i93 City _.,.Fenton Department of Planning/Building/F:__ Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:Com-1-truritevtSPVII t COMMENTS DUE: NOVEMBER 5, 1997 APPLICATION NO: LUA-97-156,SP,ECF DATE CIRCULATED: OCTOBER 21, 1997 APPLICANT: Barbee Mill Company PROJECT MANAGER: MARK PYWELL- -i—JF fiER94OP` PROJECT TITLE: CuginiMaintenance Dredging WORK ORDER NO: 78295 LOCATION: 4101 Lake Washington Boulevard OCT 2 1 1997 SITE AREA: 18,000 Sq.Ft. I BUILDING AREA(gross): N/A SUMMARY OF PROPOSAL: The applicant seeks a five year permit in order to dredge the mouth of May Creek whe iments build up. The five year permit, if approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. 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 give C. CODE-RELATED COMMENTS A1O1v& We have ,.viewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where -.'itional information is needed to p erly assess this proposal. /0/�/4i Signature of Direc or uthoriz epresentativ Date DEVAPP.DOC Rev.10193 CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site PROJECT NAME:/;14-12 L L 61Y2PA y-A4Ao JrgoictNcz EDGE APPLICATION NO: LOA 91 - %5(o1 SP,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 S ge_ /- fa_cAe 007 7 F< °/?yo'Y4 TONN,4,c (Attach additional sheets, if necessary) • (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER • Applicant Certification I, A/I'd/Cie / LiO yW , hereby certify that the above list(s) of adjac roperty (Print Name) S F�•,� owners and their addresses were obtained from: / 0\. •..•••.Sc t ❑ City of Renton Technical Services Recor ci:o0 �41.•:;o ❑ Title Company Rec ds ;•`' NOTAR 3 la King ty Asse ors Records * : --�i--. ;* G �,'; PUBLIC ;k Signed Date �/4A 9;F JGNf t,, .,g;C,`O (Applica t) ••�•�� �F WASN�� NOTARY ATTESTED: Subscribed an sworn before me, a Notary Public, in and for the State of Washington, residing at `4,/n b, ` r<J/2 on theA9`'�day of �f, 19 c/7 Signed/&-t �� (Notary Public) . . ...::.. .. :;':..•...... . For City•of Renton Use ::. ..::: :»>:.>':<::'<: CERTIFICATION F AILIN r if h r e eb cert t a rib is of he o osed . .0 •.,:,... :vv;.;% .�-;' •e y y t t . t P P ap,q,)l.cat on ere'ma le.d to: c :(Ct. •Empl•oyee):o: :::i>y:: >•... ;i.: .-:: :;; : : n t:ea aisted r;oer• : nero Signed::. `:. _41.2.n-�.1�' Date: 10•�:2Z>:<9`1, ::•: •.. NOTARY V ATTES$:-'Subscribed.a d sworn before me, a•Notar .Public, in and:for:>the•State.of:Wastngton• 'T. r siOing:at ./(a �/ S �.Q.'(7 /-yS`�"'<on the �a day of 4.:.: >'. ' 1.9 : :'.. R+ no\-6;d::: :',...-'79,1,-A. . .. .62_,,e.,y,_ . -/,,,_,),..v1, .f• 4isVptop.do , /2 � ,. '•.• ry,,. REV 07/.S• MARILYN KAMCHEFF COMMISSION EXPIRES 6/2E 39 *** I***** ******************sc****).C;C*CIC BATCH NUMBER: UJ * CUSTOMER NAME LLOYDCASSOCIATES 221200-0010-08 GROSSMAN CHERYL A 4D9999 4100 LAKE WASH. BLVD A-101 RENTON WA 98056. 221200-0020-06 MCLAUGHLIN PROPERTIES L L C729999 P 0 BOX 60106 RENTON WA 98058 221200-0030-04 YOUNGBLOOD JON C 53A013 4100 LK WASH BLVD N tiA-103 RENTON WA 98056 221200-0040-02 WYWROT LOIS R 499999 4100 LK WASHINGTON BLVD N ;1A-104 RENTON WA 98056 221200-0050-09 IGELMUND DARRELL+LINDA J 439999 3602 LAKE WASHINGTON BLVD N RENTON WA 98056 221200-0060-07 HUTTON RONALD E E1180 4100 LK WASHINGTON BLVD 0A202 RENTON WA 98056 221200-0070-05 LUGER THERESE M 719999 4001 LAKE WASHINGTON BLVD N ;:A203 RENTON WA 98056 221200-0080-03 IGELMUND DARRELL A+LINDA J 509999 3602 LAKE WASHINGTON BLVD N RENTON WA 98056 221200-0090-01 GUREL MEHMET 709999 PO BOX 1921 LANCASTER CA 93539 221200-0100-09 MOORMEIER TINA L 399999 4100 LAKE WASHINGTON BLVD N 08102 RENTON WA 98056 221200-0110-07 FORESTER MARYLYN L 699999 4100 LAKE WASHINGTON BLVD N CB-10 RENTON WA 98056 221200-0120-05 KELLY KIMBERLY ANN 509999 4100 LK WASHINGTON BLVD N CB104 RENTON WA 98056 221200-0130-03 ATEMBOSKI ALAN+CHRISTINE 0 062726 4100 LAKE WASH BLVD N CB-201 RENTON WA 98056 221200-0140-01 GUREL MEHMET 291319 PO BOX 1921 LANCASTER CA 93539 221200-0150-08 CARL KENNETH J E1180 4100 LK WASHINGTON BLVD VB203 RENTON WA 98055 221200-0160-06 CAREY ROBIN R 861097 • 4100 LAKE WASHINGTON BLVD N V8204 RENTON WA 98056 221200-0170-04 JELINEK JANE M 1N3873 2259 74TH SE MERCER ISLAND WA 98040 221200-0180-02 ' ERNST . LEE E 44D022 4100 LAKE WASH BLVD N 0C102 RENTON WA 98056 221200-0190-00 LEW KEVIN ANTHDNY+JENNIFER 279999 4100 LAKE WASHINGTON BLVD 0103 RENTON WA 98055 221200-0200-08 WINSTON B 634717 CHRISTIANSEN JUDY M 1107 MIDWEST CLUB OAK BROOK . IL 60521 221200-0210-06 GOOD BRUNO+ANN E 689999 605 S 194TH ST SEATTLE WA 98148 221200-0220-04 HAR'WOOD CHARLES H+SHARON LY409999 4100 LAKE WASHINGTON BLVD N gC202 RENTON WA 98056 221200-0230-02 -----_ ALVARADO CAROL L+MOHS, 179999 CHRISTOPHER 4100 LAKE WASHINGTON .BLVD RENTON WA 98056 221200-0240-00 MUSCAT JAMES P E JANE M 640157 1308 QUEEN AVE NE RENTON WA 98056 221200-0250-07 GIBSON GARY J 370858 4100 LK WASH BLVD N 0-101 RENTON WA 98056 221200-0260-05 NEWING ANDREW H • 683593 8815 116TH AVE SE RENTON WA 98056 221200-0270-03 ALLEN COLLEEN E1180 4100 LK WASH BLVD SE V0103 RENTON WA 98055 221200-0280-01 WAGNER BEVERLY J E1180 4100 LK WASHINGTON BLVD 13104 RENTON WA 98055 221200-0290-09 MCCULLOCH BRIAN D 729999 12046 67TH AVE S SEATTLE WA 98178 221200-0300-07 HOUSER PAUL W JR G. AMY S 402104 2230 SQUAK MTN LOOP SW ISSAQUAH WA 98027 221200-0310-05 DAVIES WILLIAM T 730935 4100. LAKE WASH BLVD N O0-203 RENTON WA 98056 221200-0320-03 RUEGGE STEVEN A 180715 4100 LAKE WASHINGTON BLVD N 0204D RENTON WA 98056 292405-9001-04 J H BAXTER AND CO LTD 529999 PO BOX 5902 SAN MATEO CA 94402 292405-9002-03 QUENDALL TERMINALS PO BOX 477 RENTON WA 98055 292405-9005-00 BURLINGTON NORTHERN RLRD C0562201 1206 CONTINENTAL PLAZA FORT WORTH TX 76102 292405-9012-01 PUGET SOUND POWER E LIGHT 261242 PROPERTY TAX DEPT PO BOX 90868 BELLEVUE WA 98009 292405-9013-00 J H BAXTER & CO LTD 730315 PO BOX 5902 SAN MATEO CA 94402 292405-9014-09 WA ST DEPT OF NAT RESOUCRES5N1418 AQUATIC RESOURCES DIV PO BOX 47027 OLYMPIA WA 98504 322405-9036-08 HICKS GARDNER W 2N3972 4008 LAKE WASH BLVD RENTON WA 98056 322405-9039-05 BALDWIN DONALD P 900537 4017 PARK AVE N RENTON WA 98056 322405-9049-03 HUBBARD JOHN L 2N9999 9772 SE 35TH PL MERCER ISLAND WA 98040 322405-9050-09 THOMSON NEIL 741859 PO BOX 76 MERCER ISLAND WA 98040 322405-9058-01 HELINA PATRICIA S M 479999 4004 LAKE WASHINGTON BLVD N RENTON WA 98056 322405-9059-00 HICKS GARDNER 204241 4008 LAKE WASH BLVD RENTON WA 98056 372405-9081-02 FAWCETT CLARISSA 149800 4008 MEADOW AVE VE N RENTON WA 'y "'" 98056 334270-0005-01 BARBEE FOREST PRODUCTS INC 519999 4101 LAKE WASHINGTON BLVD N RENTON WA 98057 334270-0070-01 TRENTHAM BERT E+BARBARA I 639999. 3901 LAKE WASHINGTON BLVD N RENTON WA 98056 . 334270-0415-05 ' HUNT ROBERT L 100782 3908 LAKE WASHINGTON BLVD N RENTON WA 98056 334270-0425-03 HUNT THOMAS R+CARYL J 539999 3916 LAKE WASHINGTON BLVD N RENTON WA 98056 334270-0427-01 NICOLI BRUNO & OLGA LISSMAN 3404 BURNETT AVE N RENTON WA 98055 • J rSY C. O� 4 • NOTICE OF APPLICATION a PLANNING/BUILDING/PUBLIC WORKS DATE: OCTOBER 21,1997 followingrbrie briefly dteascribes the application and accepted necessary Public Approvals with the Development . Division of the City of Renton. The PROJECT NUMBERINAME: LUA-97-166,SP,ECF/CUGINI MAINTENANCE DREDGING DESCRIPTION: The applicant,Barbee Mill Company,seeks a five year permit In order to dredge , the mouth of May Creek where sediments build up. The five year penult,If approved,would allow the applicant to remove 2,200 cubic yards of material from the stream. GENERAL LOCATION: 4101 Lake Washington Boulevard STUDIES REQUIRED/OR AVAILABLE: PUBLIC APPROVALS: Environmental Review Special Fill&Grade Permit - Building Permit Comments on the above application must be submitted In writing to Mark R.Pywell,Project Manager,Development • Services Division,200 Mill Avenue South,Renton,WA 98055,by 5:00 PM on December 9,1997.This matter Is also • scheduled fore public hearing on December 16,1997 at 9:00 AM,Council Chambers,Second Floor Municipal Building, 200 Mill Ave.South.II you ere Interested In attending the hearing.please contact the Development Services Division, 277-5582,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 made a Informationlf by mall,contact Mark R.Pilywnll vat(425)277 6.sal,or wish to Anyo 0 who submits written comm receive ents willadditional automatically become a party of record and will be notified of any decision on this project. I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING'FOR PROPER FILE IDENTIFICATION . DATE OF APPLICATION: OCTOBER 17,1997 NOTICE OF COMPLETE APPLICATION: OCTOBER 21,1997 • DATE OF NOTICE OF APPLICATION: OCTOBER 21,1997 • a • Exit 7 >t o,re„mr A. Log Yard COR ✓ 13.w• p.m../ or 3 CDR • /' /i., 1343a9 -Si-R8du'-I curd--�; � 1 ril+Lii S / "GAROEN-OF DEN`- % if BB act-L ,-RBdu-' aaasuLaT.00c Barbee Mill Company-Maintenance Dredging • • CERTIFICATI-O-N- • 1, fil 11I1 NN IT-1 , hereby certify that, 3 copies of the above document were posted by me in conspicuous places on or nearby the described property on Oc-rvocrz 21 MT"? , Signed: `� 1,4,70 ----" •• STATE OF WASHINGTON ) • ) SS COUNTY OF KING ) rl cert•ify'that I know or have satisfactory evidence that`�21 f/ '1/Ids/)r, / \5; slgrr�2l this instrument and acknowledged it to be his/her/their free and voluntary act for the uses �.- car ant9.pu poses mentioned in the instrument. .. 4 A"'e b ;e : �� c.3 /7�/7 2,0} -- • `�R1'` ' No/tt/ary/�P is i and f/or the St f Wa,sshhington • �� .. a 9 .• Notary (Print) R1LYA! KAMCHEF1 • My appointment taitasme • h'O TAR Y,COC 4 .10 NOTICE OF APPLICATION PLANNING/BUILDING/PUBLIC.WORKS DATE: OCTOBER 21, 1997 A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-97-156,SP,ECF/CUGINI MAINTENANCE DREDGING DESCRIPTION: The applicant,Barbee Mill Company,seeks a five year permit in order to dredge the mouth of May Creek where sediments build up. The five year permit, if approved, would allow the applicant to remove 2,200 cubic yards of material from the stream: GENERAL LOCATION: 4101 Lake Washington Boulevard STUDIES REQUIRED/OR AVAILABLE: PUBLIC APPROVALS: Environmental Review Special Fill&Grade Permit Building Permit • Comments on the above application must be submitted in writing to Mark R.Pywell,Project Manager,Development Services Division,200 Mill Avenue South,Renton,WA 98055,by 5:00 PM on December 8,1997. This matter is also scheduled for a public hearing on December 16,1997 at 9:00 AM,Council Chambers,Second Floor Municipal Building, 200 Mill Ave.South. If you are interested in attending the hearing,please contact the Development Services Division, 277-5582,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,contact Mark R.Pywell,at(425)277-5588. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION • DATE OF APPLICATION: OCTOBER 17,1997 NOTICE OF COMPLETE APPLICATION: OCTOBER 21,1997 DATE OF NOTICE OF APPLICATION: OCTOBER 21,1997 Exit 7 Ouendall Log Yard COR LO C J .. . ." 0 Barbee Mill % �• Company .° 4-3 ra a)COR '+s MI co J i1 C Oredgin f e ,' 0 d Locarign ` ' 4 e h St. /3. -C.D. I--MANS- .: t, i/ x-8 dii -flB der- R -GARDEN--OF EDEN--- lT8au- -- - •-f3edv- ' GENMALOT.DOC Barbee Mill Company-Maintenance Dredging • • • CIT% OF RENTON csi:ri A 4 Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator • • October 21, 1997 • • Mr. Michael Lloyd -:Lloyd&Associates, Inc. 38210 SE 92nd Street . •Snoqualmie, WA 98065 ' SUBJECT: Cugini Maintenance Dredging Project,No. LUA-97-156,SP,ECF Dear Mr. Lloyd: . 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 November 18, 1997. Prior to,that review, you will be notified 'if any additional information is required to continue"processing your application: ...,'; ' The date of Tuesday, December 16, 1997,at 9:00 AM, has been set for a public hearing to review the proposed Special Fill and Grade Permit (SP). The hearing, before-Mr. Fred Kaufman, Renton Hearing Examiner, will be,held in the Council Chambers on the ". second floor of City Hall, Renton,Washington. 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)277-5586, if you have any questions. Sincerely, Mark R. P , AICP • ` . - . . Project Manager • • cc: . •Barbee Mill Company/Property Owner nccvnia.aoc, . 200 Mill Avenue South = Renton,Washington 98055 .... CITY OF RENTON • • •... • " . , „ .• •••:.:.; .•:.: • . MASTER1:•1::APPLICAT.,...1.0.., • .- PROPERTY OWNER(S) . PROJECT INFORMATION Note If there is more than on.Iaga4 owner1 please attach an additional. ....•................................... .... . . PROJECT OR DEVELOPMENT NAME: eviter,i3:E-a t410- NAME: Maintenance Dredging Barbee Mill Company PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: P.O. Box 359 4101 Lake Washington Blvd. CITY: ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): Renton, WA 98057 322405-9034-00 TELEPHONE NUMBER: 0 EXISTING LAND USE(S): 206-226-3900 - ............. Industrial PROPOSED LAND USES: NAME: Industrial 4,0PANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Urban ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): RECEIVE° CITY: ZIP: EXISTING ZONING: ro 71 1 1997 COR P ‘IG TELEPHONE NUMBER: JEVE1-0pm. -ENT LANN" ENTON PROPOSED ZONING (if applicable): cm(oF • CONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: Michael Lloyd 18, 000 ft.sq. COMPANY(if applicable): PROJECT VALUE: LLOYD & ASSOCIATES, INC. $50,000 ADDRESS: IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? 38210 SE 92nd Street 00 No. Y: ZIP: O Snoqualmie, WA 98065 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? TELEPHONE NUMBER: Yes. Lake Washington 425-888-1905 :... ...LEGALDESCRIP7 • OF:PROPERTY':(Atfact separa, heat if necessary); See Attached. II E` F APP. Pp Y a I ..Ci staff.;:will.:determine.fees::: tY ANNEXATION $ SUBDIVISION: COMP. PLAN AMENDMENT $ REZONE $ _ LOT LINE ADJUSTMENT $ ''x SPECIAL PERMIT 1 $ _ SHORT PLAT $ TEMPORARY PERMIT $ _TENTATIVE PLAT $ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ SITE PLAN APPROVAL $ _ FINAL PLAT $ :X GRADE & FILL PERMIT $ POO.eV (NO. CU. YDS: 2, 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 $ REVISION S I, (Print Name)Robert Cugini , declare that I am (please check one)_the owner of the property involved in this application, X 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 information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Barbee Mill Company Robert Cugini, V.P. ATTEST: Subscribed and sworn to before me, a otary-f ut4!ic, in and for Ike State of &'/? fL residing at • (Name of Owner/Representative) , on the / day cf • wr • (Signature of Owner/Re•Z:ntative) igna r of Notary Pu - [This section.:to.:be:completed::by:: ity<Staffi`< ;;: <;:: • City iie Number: � -.,f� A AAI7 l3SP CAPS ::CAP U-A: CU-H gltr,. .LLA MHP ..FPUD `FP PP R" RVMP' SA-A SA=H ::8HPL-A SHPL=H . 5P SM >`SME. TP . W • :TOTAL FEES: .::5.?:56 ,d j .. :. ..TOTAL P•OSTA•GE P• ROVIDED °S.:::�,. ,•. :.;.. MASTERAP.DOC REVISED 9/98 a5t Y, • Lloyd &Associates, Inc. -Michael Lloyd PhD,JD 38210 SE 92nd Street,Snoqualmie,WA 98065 425-888-1905 mlloyd@brigadoon.com —I October 15, 1997 Mark Pywell City of Renton Planning/Building/Public Works Dept. 200 Mill Avenue South • Renton, Washington 98055 Subject: Special Permit Application for Grade &Fill Permit Application Fees Maintenance Dredging Barbee Mill Company Dear Mr. Pywell: Enclosed please find a check for $2,516 to cover permit application fees for a special permit for grade and fill. Barbee Mill Company, however, requests a waiver and/or exemption from permit application fees. As frequently expressed in the May Creek Current and Future Conditions Report, (City of Renton & King County, 1995), severe flooding and sediment transport in the May Creek Valley is principally caused (and will be aggravated in the future) by development in the May Creek drainage basin. Both the City of Renton and King County have committed to develop responsive measures to "minimize the damage and financial impacts on taxpayers." To date, the financial burden to remedy sediment accumulation in the May Creek delta has been shouldered entirely by the Barbee Mill Company. Chapter 11 of the"Conditions Report" establishes the role of government and public agencies. For example, the City of Renton has developed policies and surface water management codes that specify standards and programs (including capital improvement, assistance, and permit review) to respond to drainage problems. The dredging necessitated by sediment transport in May Creek is a significant problem. The exceptional financial burden to the Barbee Mill Company to secure permits and to conduct dredging is well within the public interests of the City of Renton. In addition to the request for an waiver or exemption from permitting fees for an activity conducted in the public interest, we are also requesting a long term maintenance dredging permit to mitigate a small portion of the financial burden of permitting and dredging, deposited at Barbee Mill Company. If you have any questions, or require any additional information to consider the requests of the Barbee Mill Company, please contact me (425-888-1905) or Robert Cugini (Barbee Mill Company, 425-226-3900). Sincerely, RECEIVED Lloyd&Associates, Inc. 00r 1 7 1997 DEVELOPMENT PLANNING CITY OF RENTON R. Michael Lloyd, PhD/JD it L&AlLloyd &Associates, Inc.-Michael Lloyd PhD, JD 38210 SE 92nd Street,Snoqualmie,WA 98065 425-888-1905 mlloyd@brigadoon.com September 30, 1997 Mark Pywell City of Renton Planning/Building/Public Works Dept. 200 Mill Avenue South Renton, Washington 98055 Subject: Special Permit Application for Grade & Fill Maintenance Dredging Barbee Mill Company Dear Mr. Pywell: Enclosed please find our completed application for a special permit to conduct maintenance dredging at the May Creek delta. We are also requesting an exemption shorelines because normal maintenance dredging is an activity which has been conducted continuously for the past 35 years to avoid the economic loss from consequences of flooding and sediment transport in May Creek. An exemption is also consistent with previous permitting requirements for a special permit from the City of Renton for maintenance dredging. We are also requesting a closure of the current agreed order in conjunction with this permit application. To date all of the work under the order is complete except a poriton of the revegetation of the May Creek corridor, which is on going. We are proposing to complete the May Creek revegetation under this permit request for maintenance dredging. Ideally, the new permit will run concurrently with the Corps of Engineers permit for conduct of maintenance dredging. Copies of existing permits and approvals are attached to this application. Oversize application materials (neighborhood detail map, etc.)will be submitted separately. If you have any questions, or require any additional information, please contact me at 425-888-1905. Sincerely, Lloyd &Associates, Inc. RFCFIVE® OCT 1 7 1997 R. Michael Lloyd, PhD/JD Cab CITY OF REN ONNING "ti1r it City of Renton Special Pc: for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 1 Master Application/Contents A the end of this section is a completed Master Application to the City of Renton, Development Services Division for a Grade and Fill Special Permit. Thispermit is requested for maintenance dredging of accumulated sediments q g� g in the May Creek Delta in Lake Washington. As evidenced by severe storm events, such as occurred January 9, 1990, normal maintenance dredging is necessary to protect property from flooding damage. The site was recently dredged (April 1997) under a Special Permit from the City of Renton. This application package is organized to closely track Grade and Fill Permit Procedures and Shoreline Exemption Procedures as established by the City of Renton, Development Services Division. Application Contents: Section 1 - Master Application Section 2 - Environmental Checklist Section 3 - Title Report Section 4 - Mailing Labels Section 5 - Certification Form of Current Property Ownership Section 6 - Fees Section 7 - Project Narrative Section 8 - Neighborhood Detail Map Section 9 - Grading Plans Section 10 - Tree Cutting/Land Clearing Plan Section 11 - Colored Display Maps Section 12 - Drainage Control Plan Section 13 - Rehabilitation Plan Section 14 - Construction Mitigation Plan Attachments: Attachment 1 - Figures/Maps/Photo Mylar Transfers Attachment 2 - Previous Dredging Permits and Approvals Attachment 3 - Sediment Test Results Summary Attachment 4 - May Creek Revegetation Plan Page 1 of 37 Renton Permit Application August 1997.DOC ail , CITY OF RENTON LAND USE REVIEW FEE SCHEDULE APPLICATION`TYPE: s:"`: > : FEE AMOUNT:':::;:::': :; ROUTINE VEGETATION MANAGEMENT PERMIT $75.00 SHORELINE FILING FEE: Under$100,000 value $500.00 $100,000 or more value $1,000.00 SITE PLAN APPROVAL: Hearing Examiner Review $2,000.00 Administrative Review $1,000.00 SPECIAL PERMIT $2,000.00 TEMPORARY PERMIT $100.00 TEMPORARY PERMIT SIGN DEPOSIT(refundable) $25.00 VARIANCE-Administrative $100.00 VARIANCE-Board of Adjustment or Hearing Examiner $500.00 WAIVER $100.00 JOINT:LAND;USE`APPLICATION .... ...... .................. ............ . .................................................................................. . a a... ee or t e . os'. . enslve. ma o " p a. .rtt'and For.jointaand:i�eapplications':ap ac�nfs.......p�Y.:.:u...:.......:.... .: ;p'► ....:��R....:..... .. ....1.!'.:aP�.iC...tl.0:.: .:... . one-half::far:related'a....lications><>::.>><>::; <:::».::<::>:>;::»::>::>::<:>:::»>:::>::>:: EXTRA FEES: Whenever any application is to be handled under the terms of any portion of the City's land use codes, adopted codes, or the Uniform Building Code, and that application is so large, complicated or technically complex that it cannot be handled with existing city staff,then an additional fee can be charged which is equivalent to the extra costs incurred by the City of Renton to pay: a. overtime costs, b. the pro-rated costs of additional employees necessary to handle the application, c. the costs expended to retain the qualified consultants to handle the project, and d. any general administrative costs when directly attributable to the project. Such fees shall be charged only to the extent incurred beyond that normally incurred for processing an application. When the application or development plans are modified so as to require additional review by the City beyond the review of normally required for like projects, at the discretion of the Development Services Director, an additional fee may be charged at$75.00 per hour. UNIFORM CODE FEES: Fees charged per the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and related separate codes shall be available for enforcement of those regulations, and are separate from the provisions in this ordinance, REFUNDS: 80% of the applicable fee will be refundable if the application is withdrawn prior to circulation by the Planning Staff. After circulation (and review has begun) no refund of base fees will be authorized. h:div.s'dev.serldev.plan\ln:feetabl.doc KING COUNTY DEPARTMENT OF ASSESSMENTS PAI11080-S1 AS36 REAL PROPERTY LEGAL DESCRIPTION 09/11/97 ACCOUNT NUMBER: 322 405--9034-0 PROPERTY ADDRESS: 4900 LAKE NASH E:L N TAXPAYER NAME: BARBFE_ FOREST PRODUCTS INC OTR: NW SECT: :32 TWN: 24 RNG: 05 FOLIO: C227K4-- -- SIIB4REA: 530-000 LEGAL. DESCRIPTION - PAGE 1 NOTE: READ LEGAL_ LINES LEFT TO RIGHT ACROSS SCREEN: LOT BLOCK PLAT: HIP r,L 1 Li W OF N P R/W „ :-H LDS ADd rt * * END OF LEGAL DESCRIPTION * ( 0.1) NEXT ACCOUNT: 322405 9034 0 JUMP CCOFOF! ENTER-PF1--PF2--PF3--PF4--PF` --PF6--PF7--PFF3---PF9--PF10-PF11-PRIz-PF13-PF14-PF1.5-PF1.6-PF17-PF18-PF1.9-PF20--PF21-PF;22--PF?3------F'F24-- HEI_P END MENU CHAR HIST I_EGL APPR I F--IIEL.P MENU+ City of Renton Special Pcr iiiit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 2 City of Renton Environmental Checklist PURPOSE OF CHECKLIST: The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider 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 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 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 NON-PROJECT PROPOSALS: Complete checklist for non-project proposals, even though questions may be answered "does not apply." IN ADDITION, complete SUPPLEMENTAL SHEET FOR NON-PROJECT ACTIONS: (part D). For non-project actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project, "applicant," and "property or site" should be read as: "proposal," "proposer," and "affected geographic area," respectively. CE V�® Page 2 of 37 NNING Renton Permit Application August 1997.DOC v�G4J, N`�'a ON CITY of RLN City of Renton Special Pei Chit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application A. BACKGROUND 1. Name of proposed project: Barbee Mill Maintenance Dredging- 1997 2. Name of applicant: Barbee Mill Company, Inc. 3. Address and phone number of applicant and contact person: Applicant: Barbee Mill Company, Inc. 4101 Lake Washington Blvd. N Renton, Washington 98057 206-226-3900 Contacts: Robert Cugini, Barbee Mill Company, Inc. Michael Lloyd Lloyd &Associates, Inc. 38210 SE 92nd Street Snoqualmie, WA 98065 206-888-1905 4. Date checklist prepared: August 28, 1997 5. Agency requesting checklist: City of Renton, Development Services 6. Proposed timing or schedule (including phasing, if applicable): Spring 1998 or in succeeding years when sediment accumulation impairs navigation. Dredging will be scheduled to avoid fisheries impacts during seasonal runs. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Yes. Dredging is anticipated to occur yearly or in future years, depending upon storm events that are a major cause of sediment accumulation from upstream sources. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A previous maintenance dredging permit is on file with the City of Renton. A copy is provided in Attachment-2 of this application. 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. No other applications are pending. 10. List any governmental approvals or permits that will be needed for your proposal, if known. City of Renton, Special Permit/Grade and Fill/Shorelines Exemption Page 3 of 37 Renton Permit Application August 1997.DOC City of Renton Special Permit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Department of Fisheries, Hydraulic Project Approval Department of Ecology, Water Quality Certification/Modification 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Maintenance dredge of approximately 2000 y3 of sediment annually. Dredging will occur from barges on Lake Washington with temporary upland storage. 12. Location of the proposal. The proposed dredging project will occur at the mouth of May Creek in Lake Washington on property owned by Barbee Mill Company, Inc., 4101 Lake Washington Boulevard N., Renton, WA 98065. The project location is as follows: SECT-TWNP-P: 31-24-5 B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other: Dredge location is flat with a slope less than 5%, to the west. b. What is the steepest slope on the site (approximate percent slope). The steepest slope at the facility is approximately 10%, upland approximately 200'from dredge area. 4 4 c. What general types of sediments are found on the site? If you know the classification of agricultural soils, specify and note any prime farmland. Sediments are generally sands and gravels. Sediments are well graded and drain rapidly. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Yes, unstable soils and deteriorating bulkhead exist south of the proposed dredging site on Lake Washington. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Approximately 2000 y3 of sediments will be dredged to remove restrictions to flow across May Creek Delta. Additionally, approximately 200 y3 of bark and debris will be removed from an area adjacent to the main portion of the mill f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Measures to control the potential erosion of dredged sediments will be implemented per permit conditions established by the Army Corps of Engineers and as described in the application package. Major measures include: (1) dewatering of dredge spoils; (2) control of runoff from upland temporary storage in a Page 4 of 37 Renton Permit Application August 1997.DOC City of Renton Special Per rnit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application 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. Approximately 2000 y3 of sand/gravel will be dredged annually. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No. Surface water withdrawals/diversions not required. 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. Lake elevation is maintained by Army Corps of Engineers. 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. Project does not involve any waste discharges. b. Groundwater 1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities, if known. Dredged sediments will be held in the temporary storage are for partial dewatering by infiltration. 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. No waste materials (hazardous or solid) will be generated or discharged as a result of this project. 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. Runoff from wet dredged spoils will be partially dewatered during dredging. Remaining water in dredged sediments will be contained in the temporary dredge storage area designed to control and minimize runoff (including storm water) to Lake Washington. Page 6 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pc LLLit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application 2) Could waste material enter ground or surface waters? If so, generally describe. No waste materials will enter ground or surface waters. Wet sediments will be dewatered by infiltration in the temporary storage area. These measures,will minimize potential turbidity and/or oxygen depleting conditions in Lake Washington. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: The temporary storage area will be vegetated to minimize run- off and potential erosion [See c. 1) and 2) directly above]. If necessary, a silt fence/curtain will be installed upland as a back up measure to control potential siltation and/or turbidity. 4. PLANTS a. Check or circle types of vegetation found on the site: ❑ deciduous tree: alder, maple, aspen, other ❑ evergreen tree: fir, cedar, pine, other shrubs ❑ grass pasture ❑ crop or grain ❑ 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? Some water plants (principally milfoil) may be removed by the dredging, although the quantity is anticipated to be very small because of the generally rapid rate of scouring and re- sedimentation observed in the May Creek Delta. c. List threatened/endangered species known to be on or near site. Eagles and ospreys are frequently observed in the area. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Existing dredged area has been seeded with grass and plants to control erosion. This are will serve to provide temporary storage of dredged sediments. After the dredging is completed grass will remain as a permanent improvement in facility appearance. This work was initiated during the previous permit and will continue during the next permit cycle. 5. ANIMALS a. Underline any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: ducks/geese/osprey Mammals: deer, bear, elk, beaver, other Page 7 of 37 Renton Permit Application August 1997.DOC City of Renton Special for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. Eagles and ospreys frequently observed in the area. c. Is the site part of a migration route? If so, explain. Lake Washington is generally part of a migration route for ducks, geese, and other waterfowl. d. Proposed measures to preserve or enhance wildlife, if any: The May Creek Corridor has been partially revegetated to preserve and to enhance wildlife. Additional vegetative work will be completed during the next permit cycle. 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 fuel will be used to operate dredging equipment. 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. Previous testing has indicated that sediments are clean, meet sediment quality criteria, and do not pose an environmental or health hazard. 1) Describe special emergency services that might be required. Medical services may be required in the event of accident or injury during dredging. 2) Proposed measures to reduce or control environmental health hazards, if any: None. Environmental health hazards were not encountered during previous permitted dredging, and none are anticipated during future dredging. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Page 8 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pc...pit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application 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. An increase in short-term, temporary noise would be expected from dredging equipment. 3) Proposed measures to reduce or control noise impacts, if any: Equipment will be operated during daylight hours (Monday - Friday) to minimize noise impacts to the neighborhood. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is a saw mill producing dimensional lumber. Adjacent properties to the north and east are zoned commercial arterial and industrial. Properties immediately to the south are vacant lots owned by Barbee Mill Company. Properties further south, approximately 300 feet, are zoned residential 8 du/ac and 10 du/ac. b. Has the site been used for agriculture? If so, describe. No. c. Describe any structures on the site. The Barbee Mill Company site has numerous buildings, as would be typically associated with saw mill activities. d. Will any structures be demolished? If so, what? No. e. What is the current zoning classification of the site? Center Office/Residential f. What is the current comprehensive plan designation of the site? Upland site is approved for PUD for multi family, consistent with comprehensive plan. g. If applicable, what is the current shoreline master program designation of the site? Urban. h. Has any part of the site been classified as an 'environmentally sensitive' area? If , so, specify. No. However, the dredging area is adjacent to the shoreline of Lake Washington. Lake Washington is a protected Class A water of the State of Washington. i. Approximately how many people would reside or work in the completed project? A maximum of 20 people would work during dredging operations. Page 9 of 37 Renton Permit Application August 1997.DOC City of Renton Special PEA BLit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts: None required. 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Dredging of accumulated materials deposited by May Creek will reduce the potential for flood damage to the Barbee Mill Company facility such that existing uses will be maintained. Projected land uses also include potential PUD for uplands adjacent to the proposed project. 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. No buildings will be created or destroyed as a result of dredging operations. A temporary mound of dredged material will result. The estimated height is approximately 10-12 feet above level surface. These dredged sediments will be removed after de-watering and the area will be seeded with native vegetation to control erosion and maintain existing views. b. What views in the immediate vicinity would be altered or obstructed? None (see 10. a. directly proceeding). c. Proposed measures to reduce or control aesthetic impacts, if any: See 10. a. preceding. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None. Page 10 of 37 Renton Permit Application August 1997.DOC City of Renton Special PEA .kit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light and or glare may affect your proposal? None d. Proposed measures to reduce/control light and glare impacts: None required. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Lake Washington supports many water related recreational opportunities: boating, swimming,fishing, etc.. 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 recreational opportunities to be provided by the project or applicant, if any: None. No impacts are anticipated. 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. None known. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known. c. Proposed measures to reduce or control impacts, if any. None. No impacts are anticipated. 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. The Barbee Mill Company is served by Lake Washington Boulevard N. 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? Page 11 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pe.rrit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application No change in parking would result. d. Will 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 immediate vicinity) transportation? If so, generally describe. Dump trucks will be used to remove de-watered dredge materials after dewatering. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Upon completion, no net increase in the number of vehicle trips per day will be generated by the completed project. However, approximately 1-2 vehicle trips per day will be generated as a result of sediment removal after dewatering. Currently, approximately 50-100 vehicle trips occur daily. g. Proposed measures to reduce or control transportation impacts: Dredged materials will be removed gradually over a period of approximately 6 months such that immediate or concentrated transportation impacts will be minimal. 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. A short-term potential need for emergency medical services may result. No other impacts are anticipated. b. Proposed measures to reduce or control direct impacts on public services, if any. Employees will be cautioned as to potential dangers of working with heavy equipment in or near a water environment. Appropriate safety measures will be taken to protect workers. 16. UTILITIES a. Underline utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, other. 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. Dredging will occur from barges located in Lake Washington. No utility requirements are anticipated. Page 12 of 37 Renton Permit Application August 1997.DOC City of Renton Special Per.-±i;t for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application 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. Proponent: Robert A. Cugini, Vice President Barbee Mill Company P.O. Box 359 Renton, Washington 98057 206-226-3900 Date: al Page 13 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pei nut for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 3 Title Report Following is a current title report and legal description for the Barbee Mill Company and subject property, including aquatic lands in Lake Washington. Page 14 of 37 Renton Permit Application August 1997.DOC STEWART TITLE COMPANY - OF WASHINGTON, INC. 1201 Third Avenue, Suite 3800 haSeattle, Washington 98101 Senior Title Officer, Robert L. Ludlow Senior Title Officer, Mike Sharkey Title Technician, Linda Lamson Unit No. 12 FAX Number 206-343-1330 Telephone Number 206-343-1327 Lloyd & Associates, Inc. 38210 Southeast 92nd Street Title Order No. : 210616 Snoqualmie, Washington 98065 Attention: JoAnne Lloyd A. L. T. A. COMMITMENT SCHEDULE A Effective Date: April 26, 1993, at 8:00 a.m. 1. Policy or Policies to be issued: PREMIUM A. ALTA Owner' s Policy Amount TO BE AGREED UPON Standard (X) Extended ( ) Tax Proposed Insured: TO FOLLOW B. WORK CHARGE Amount $350. 00 Tax $ 28. 70 2 . The estate or interest in the land described herein and which is covered by this commitment is fee simple. 3 . The estate or interest referred to herein is at Date of Commitment vested in: BARBEE FOREST PRODUCTS, INC. (NOTE: SEE SPECIAL EXCEPTION NUMBER 4 REGARDING EXECUTION OF THE FORTHCOMING DOCUMENT(S) TO BE INSURED) . 4. The land referred to in this commitment is situated in the County of King, State of Washington, and described as follows : All that portion of Government Lot 1, Section 32 , Township 24 North, Range 5 East, W.M. , in King County, and of Second Class Shore Lands adjoining, lying westerly of Northern Pacific Railroad right-of-way; EXCEPT that portion, if any, of said Shore Lands lying north of the westerly production of the north line of said Government Lot . :EWART TITLE GUARANTY COMresilY A. L.T.A. COMMITMENT Schedule B Order No. 210616 I . The following are the requirements to be complied with: A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. B. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured . II . Schedule B of the Policy or Policies to be issued (as set forth in Schedule A) 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. GENERAL EXCEPTIONS: 1. Rights or claims of parties in possession not shown by the public records. 2 . Public or private, easements, or claims of easements, not shown by the public record. 3 . Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen' s Compensation Act not shown by the public records . 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. ( a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c ) water rights, claims or title to. water . 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal . 8,. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. dei C. SPECIAL EXCEPTIONS: As on Schedule B, attached. • • 'Order No. 210616 A. L.T.A. COMMITMENT SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: City of Renton PURPOSE: Public utilities, including water and sewer AREA AFFECTED: The easterly 10 feet, measured perpendicularly to the easterly line of the northerly 230 feet, measured along the easterly line RECORDED: December 19, 1972 RECORDING NUMBER: 7212190390 2 . GENERAL TAXES: FIRST HALF DELINQUENT MAY 1; SECOND HALF DELINQUENT NOVEMBER 1: YEAR: 1993 AMOUNT BILLED: $33, 688.24 AMOUNT PAID: $ 0.00 AMOUNT DUE: $33 , 688.24 TAX ACCOUNT NUMBER: 322405-9034-00 LEVY CODE: : 2100 CURRENT ASSESSED VALUE: Land: $2, 094, 100.00 Improvements: $ 481, 300. 00 NOTE: If the taxes cannot be divided equally by 2, the higher amount must be paid for the first half payment. ' 3. Assessments, if any, which will follow by supplemental report. ' 4. Evidence of the corporation existence of Barbee Forest Products, Inc . , a corporation, must be submitted, together with evidence of the corporate identity and authority of the officers thereof to execute the forthcoming instrument. 5. Notwithstanding the insuring clauses of this policy, the Company does not insure against any loss or damage by reason of lack of access to and from the land. 6. Until the amount of the policy to be issued is provided to us, and entered on the commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount over $100, 000, and our total liability under this commitment shall not exceed that amount . (continued) • Order No. 210616 A. L.T.A. COMMITMENT *Y ` SCHEDULE B Page 3 7. Title is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. • END OF .SCHEDULE B • • Title to this property was examined by: Russ Gamman Any inquiries should be directed to one of the title officers set forth in Schedule• A. • ,�._ RG/dkh/8471E r • :', l STEWART TITLE COMPANY ' ` `41"' of Washington, Inc. I. TO, t•z' . '< fir Zk2 �'/6 - /2 ORDER NO. IMPORTANT: This is not a Plat of Survey. It Is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability Is assumed by reason of reliance hereon. PO i � / I. , ' i V. y . // • , .1 .,e. e ..:., . i! /: ! ,.41;... - \ . .• , . . I' ., iye 0 \ ,#,41;f:I ..,7 / 4•1 41111. .0b Pi ,/ 4rNif/. MORTM '' / (y 1 f • O • / of Y f �`/ '' % ' /r / ; 1 ;�� lu.w. •. / ,;. ,r /' , �• ..M .r. ,.. '►I i tzizoo . • 10 1 / t'" / / •► EAST T SNORES a .. yfx YOL 1, , r s.b A / .. ; ./ — e .. 0 4. 14'6, i.1 •• .0 0/ •e /1/ 1 ...---- .41' I / , A.7--..4.0 . .....v -..,,r-..0-4.?..,A,.. 4....,x/7,•- .„ ..../ , , (iv • ...i ... , I., " • ';4I I Q/of .. .�—. _... ."" �, w'I`)r SE� A4'._i.<. —T•— - / � THS 04 6. .� , V • , '.kY1� 1 �,�������� RrehVe !ledge ,' :' I�li�� TrruE INSURANCif oat t►.<t nwarto to•e.grutr 1 wr .• o+e>•.w~• — rICi+GIIpV 1110 VAI ? ql:,..><:' AMC.. y %':c r'?r am`" Filed for Rttcord at Twat of ,�,'. UtC a 3 we PM '84 ,. Mr w r„';, • AFTER RECORDING M111 TO, r)ItiIONt/O.aeI L jAN,JVER$ & MCATEERIP.S. KING I,I)LIN I I • �i. Silt r60�114.115/7 111 .T t/ta.]n!NYLIttu I ;LAMA.WASecie/0Toe N101 r'cE I , `" 64c 2r `'. Cli Si. a++'*3.CIO 55 : € II elm 6e7a '.r i'I;.a o Quit Claim Deed �' "• • +r•• •.,. . I J�' teo11rol1Ara FORM THEORANTO BARGEE MILL CO., INC. • '�:" ooesldauion of MO EXCISE i • v`i��E"' r \'.....T.'„!..; r 7;,; for and b • .J•,' ';+tr.; ,.• '•'`•;,.1,,••' eoarryy and gull cisfm,to BARGEE FOREST PRODUCTS, INC. DEpC/Z� };�— .fir' Het(Wool',described real estate,'Rusted In the County of King ^,:`• stale of Washington including any Interest therein which grantor may hereafter acquire t • 1 :• •Y4' Government Lot 1, Section J7, Township 24 North, Range S East, M.M. , Kinq County, Wa•lhinyton lying West of • ;'�,., ....... ..., Burlington Northern Railroad Right of Way. Land onl ' ' • no improvements. y- _ t f ;, ':.,;. , .'.sir:,' ;`':; tiff., ,,:,r. l';�s< -;, r n.:e ,,;' : : ire ►G •-,: �' ',i,•'�, - IN WITNESS WHEREOF, said c ,�' •4orpontloa has caused this Instrument to be cl4.amor ty',y ,I ers :}• and It,corporate seal to by barn a..Reed lb. ,0,>, , day of (1 < ,.a ,. 1•�a'�'y',;,:,r `� • BARGEE oKiLL .C91.1..INC. '' . . • IIy...a k Yam' �} 1 STATE or wASIIINGTON, ""C^ T:::'A'' , t :+• 'ri�i';r • ' 1it y 1:Y'f,.. Oa this O dayof ,Srbire n.e,the u •••,•••,e..�1•.,lr f a �1/�1.�ry�luE n end Ior, tb State of Washing , duly corn so ed and d' ,% `'t �=P LlKa � �af>Dsartd . ,.In MN Ino011 to be a� lf' I,r� I ml t and, pry./,r,ryectl I o ta„ 4 �n � fe /:(J���� y' a Ow c,i�xwatlnn that .teeslM I rraenng Imt mint, and ackno..ledge. fete MI Imtrumrt to be the Irns and rolun t�'a relief dead of tattd cnrpr.rstlon, Inr the van and purpose, Therein mrnllnn d, and on oath stated that ttrtltr>rUed o ever ute the Bald ;hi, and that the and .Rued 4 the corpnnN seal of yid co•ponli' Miami toy hand and official aryl hereto amyed the day and year first above written. j, 'r •, . ,` ' � • �, :+i•; • ,I A.r.,y Iaa � e Sru e! Mu4w1lwa `` rviiiieg el '3;, .,...••,•,,,.,. ,.•..•, . ltr•,'1.• ,,,:,o>L.,�{JP(r,\t? !%.'a•d4(f.,•ttraaat� ,4'Y`4Igr .1r 101,',1.;••,.t; 1,‘,. ,).,.?'. 1 • • 7 ! •.t'Y.,` POI I NATIONAL I^""" mare . '). mu URANCI I'I I MKI 011IM0 17o nc000t15 • A TKID1112DY1MM1r fled ftM Racer(at Rago►eol of i AFTER MOOING MAIL TOi J I LLNIRAN, MCATEE.R, HANVLN i 83/0:/213 111170 E '� BVRCERs1:N REeD F 3.00 CA ISL ***.3,00 1218 - 3rd Ave., 5u1 to 1300 111i0 Cooper 55 Seattl., WA 88101 �)SI )AZ r'r : JUN 2 8 7g85 E083o7cb , N f• 4 Ienr LIMN ::. Quit Claim De.d 100111.011AT11 IDMM 1 _ y,,. �.. Mc GRANTOR BARDLE MILL CO., INC.I i z �' • he mad la tamekkeeilw el G-4 on c1 vlr^ IF • t IMF aM felt chime to BARBCE FOREST ARODU6'TS, INC. •:'N W T . z 2 a W leiowlq&sorbed oval roam,'O'Owed la the Crusty of KING v ( • $.W of MtaeelotAitee IAoly a. elifiy any Wares'thereto ehieh iraator may Mrmitter acquire: Covorntnent Lot One (1) , Section Thirty-two (33) , • • Township Twenty-lour (24) North, Range Five (5) rest, ` M.M., ling County, Wnehington Lying Went of . ti Burlington Northern Reilt)ed Right of Way, with adjacent ehoreland. Land only - no improvements. Ove1 (,.11 • I r PI WITNESS WHEREOF, mid ,rrporoilan her cavwd We lo$rvnwet to be mooed by Iy ionsper , sad lumpiest*Mal re N herniate ti ate. t o?it , dry of aT•.t/r-r f 19 d S. " Wowe i• 4. •'if $TATZ OF 1VAIH1NO:ON, � �Is .« I Cwety el P#/12 t,• Oa tali "4./A d,y el...Ti .,. /9I t'." ,Nlon we,the undersigned, a Notary ILblk M end Ito the Soso el WaAAllylee, duly eonlnJednsod end worn,paaily appeared • 44r N,••pea,' ..7,• -Ad /�IA..0- op ere 7,., , . I W we ha..a Is N the Prnkdoni sort iotnmry,tepallvoty,el /.e.6•••• /7,//( rove ;SA,I, tie enrporalYw that ,wnvled the (on*olnd la.irunwnt, and sclnowl.diM the MIA In.irvnwel to be IN Ir.s sad j..N._ .R iary at1 sad deed of mid empocNron, for Ai owl and purport IMnln menUm.', and on aih 1tal.d IMI 0^' ; •. ..n,d IO r1KYm IN food Innrvnwnl an/ Mot Mr and aRlaed It IM eorT.aate real of sold df041%4y`'sad ofklal tool brim erred the day enb year lint show 'Alma./' .n ' ///��, Cc / y vi `�el j, r'I • r te.1/ry IUMo in fait lw Om Soot a/ WaMa1Nu, raaWingoo , I. • •• I. • .�.t EASEMENT THIS INSTRUMENT, made this _day of _Z6irti Le/ by and between /12 -a4. . ))1W 43.-.$1/t. • O and and J and N cV hereinafter called "Grantor(s)" , and the CITY OF RENTON, a Municipal Corporation of King County, Washington, hereinafter called "Grantee" . WITNESSETH: That said Grantor(s) , for and in consideration of the sum of $ 4pc) ° paid by Grantee, and other valuable consideration, do by these presents , grant, bargain , sell , convey, and warrant unto the said Grantee, its successors and assigns , an easement for public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington, more particularly described as follows: A utility easement over the Easterly 10 feet, measured perpendicularly to the Easterly line thereof, of the Northerly 230 feet, measured along the Easterly line, of the following described property: ALL that portion of Government Lot 1 in Section 32, Township 24 North, Range 5 East; W.M. lying Westerly of the Burlington Northern (Northern Pacific) railroad right-of-way; TOGETHER with the Shorelands adjoining. • • Together with a temporary construction easement described as: 30 feet in width over the Easterly 30 feet of the Northerly 230 feet of the above described property. Said temporary construction easement shall remain in force during construction and until such time as the utilities and appurtenances have been accepted for the •nernti:n and maintenance by the Grantee but not later than • �,, iv,,,. .. , Said heretofore mentioned grantee, its successors or assigns, shall "'have the r'aht, without orior notice or proceeding at law, at such times as O may be necessary to enter upon said above described property for the purpose 0' of constructing, maintaining, repairing, altering or reconstructing said c'-) utility, or making any connections therewith, without incurring any legal � obligations or liability therefore, provided, that such construction, main- taining, repairing, altering or reconstruction of such utility shall be accomplished in such a manner that the privat^ improvements existing in the rtgnt — ( right(s)-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was,.en.tgred.upon by the Grantee. The Grantor shall fully v'se and•enjoythe' 'aforedescribed premises, including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the utility line. However, the grantor shal).,,no,t erect builJings or structures over, under or across the right-of-way durinr,the existence of such utility. This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors , heirs .and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a •good and lawful right to execute this agreement. • (2 and . . . . . c/ a4Dd and and . STATE OF WASHINGTON SS COUNTY OF KING . On this day of '' • rv%-�✓197.2 before me, the undersigned, a Notary Public in end for theta to of�W hingttoon, duly commissioned and sworn poroocally appeared Cx,E[�G ,i'• and and , respectively, to ' known to be the (1 the corporation that executed the foregoing instrument, and ncknovledged the avid instrument to be the free end voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated th E authorized to execute the said instrument and that the lee affixed La the corporate seal of said corporation. WITNESS my hand and ofg,icial seal hereto affixed the day and year in this certificate above written. � .. L7A 1 �' Vo-t-a-r-Y1.50Tc. inandTortf+PSate f Washington, residing at ie P\ G.R,,,•..,,,. ''•, 0• . i< , I • • • • • • • • • q • • • q RECORDED ......REO1ES Tof o DEf 19 MI II 30 O OGiFCTOR RK W COUNTY' WASH, ELECTIONS ti • , 0. f o v 0 FILED for Record at Request of r ILL for Record at RevueS1 ')' OFFICE OF THE CITY CLERTZ %raw, , 200 itl11 •,AVE SOUTH o SCP'1.74.W7 "%V • City of Renton Special Pci mit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 4 Mailing Labels Following are originals and/or copies of self-adhesive mailing labels for property owners within 300 feet of the Barbee Mill Company. • Page 15 of 37 Renton Permit Application August 1997.DOC City of Renton Special for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 5 Certification Form of Current Property Ownership Following is the certification form of current property ownership (Procedure for Obtaining Information on Adjacent Properties, King County Department of Assessments, REV 01/92). Page 16 of 37 Renton Permit Application August 1997.DOC City of Renton Special Permit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 6 Application Fees A check for appropriate application fees will be submitted under separate cover. The following is a summary of anticipated special permit application permitting requirements. Special Permit for Grading and Filling Environmental Review Page 17 of 37 Renton Permit Application August 1997.DOC City of Renton Special Permit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 7 Project Narrative This project is for maintenance dredging of sediments accumulating at the mouth of May Creek in Lake Washington. Sediment accumulation requires Barbee Mill Company (Renton, WA) to conduct maintenance dredging to (1) minimize erosion; (2) maintain navigation; and (3) to prevent flooding of mill property. The City of Renton has previously issued a Special Permit for Grade and Fill (1994), as well as an exemption from the Shoreline Management Substantial Development Permit requirements for maintenance dredging at the site. Existing valid permits and/or approvals are in place for the conduct of maintenance dredging from the Corps of Engineers, Department of Fisheries and Department of Ecology. Approximately 2,000 cubic yards of _ sand and gravel will be dredged annually for the duration of this permit. Previously, dredged sediments were temporarily placed in a bermed temporary storage area, designed to control run-off and erosion. No substantive changes are anticipated. Subsequent to dewatering, the temporary storage area will be re-seeded with grass as a permanent site improvement. Current site use. Currently, mill operations produce dimensional lumber at the site. Existing improvements include the saw mill, storage warehouses, lumber storage areas, and improvements in drainage control. Special site features. Barbee Mill Company is located on the shoreline of Lake Washington. May Creek crosses the eastern portion of facility. The dredge site is located at the mouth of May Creek in Lake Washington where upstream erosion deposits sand and gravels. No steep slopes are located immediately adjacent to the dredge site. Dredged materials are principally sand and gravel. Proposed property use and improvements. No change in proposed property use will occur as a result of this project. Granting a new Special Permit for Grading and Filling will (1) improve May Creek drainage; (2) decrease the probability of flood damage to the Barbee Mill site; and (3) lessen erosional impacts of severe storm events on the May Creek Corridor and Barbee Mill Company property. Proposed construction dates. Dredging will occur during spring/summer months in concurrence with Department of Fisheries Hydraulic Project Approval requirements that dredging not occur from t,a � duvED o July 15. Page 18 of 37 our 7 1997 Renton Permit Application August 1997.DOC DEVELOPMENT PLANNING CITY OF RENTON City of Renton Special Permit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Dredging will likely occur during a six to eight week window, depending on the weather, availability of equipment, permit approval, etc. Estimated quantities and types of material involved. Approximately 2,000 cubic yards of sediments will be dredged annually. Sediments have been previously tested for potential contamination. Sediment test results indicate (1) no sediment quality criteria have been exceeded; and (2) sediments present no environmental threat to human health or the environment (see Attachment 3). Sediments are principally well drained sands and gravels. Hours of operation. Dredging will occur during daylight hours on week days (1) to minimize noise to neighboring businesses and residences; (2) to protect worker safety; and (3) to better allow for visual observation of dredging. Proposed hauling/transportation routes. No hauling or transportation routes will be impacted during dredging operations because dredging will occur from Lake Washington. Dredged sediments will be placed upland at the Barbee Mill Company. Subsequent to dewatering, dredged materials will be sold and removed by truck, moderately increasing the number of vehicles entering and leaving the facility. Currently, approximately 50-100 trucks enter and leave daily. As a result of this project, an estimated increase will occur of approximately one or two trucks entering and leaving daily for six months. Measures implemented to minimize dust, mud, noise, and other noxious characteristics. The following summarizes measures to be implemented: • Dust Abatement - because sediments are wet sands and gravel, no special dust abatement measures are required or necessary. As soon as wet sediments are sufficiently dry, these materials will be removed by truck. • Mud Control - dredging operations shall be conducted at all times to minimize disturbance or siltation to adjacent waters as required by the Department of Fisheries. Control measures include (1) placement of wet sediments behind seeded berms to minimize off-site transport; (2) cessation of operations in the event of fish distress, fish kill, or other water quality problems; and (3) no stockpiling of material in the water will be allowed. • Noise Control - dredging will occur during daylight hours to minimize noise to neighboring businesses and residences. Some temporary increase in noise is unavoidable from the operation of clamshell dredging equipment. Page 19 of 37 Renton Permit Application August 1997.DOC City of Renton Special P€ . .it for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application • Other noxious characteristics - sediments have been previously sampled and tested for potential contamination. Sediment test results indicate (1) no sediment quality criteria have been exceeded; and (2) sediments present no environmental threat to human health or the environment. Page 20 of 37 Renton Permit Application August 1997.DOC 1 City of Renton Special Pc: it for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 8 Neighborhood Detail Map A neighborhood detail map has been drawn at a scale of 1" = 200'. This map is provided in Attachment 1. The proposed project will not change any access to either Barbee Mill Company or surrounding properties. Similarly, no changes in parking for the site or surrounding properties are proposed. Although the project site comprises approximately 0.5 acres of dredging, the neighborhood detail describes the following within 1000 feet of the Barbee Mill Company: Surrounding properties Zoning Lot lines Land uses City of Renton limits Building outlines Street names Curb cuts at the project site. Page 21 of 37 Renton Permit Application August 1997.DOC City of Renton Special for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 9 Grading Plan The project is located in the delta formed by May Creek in Lake Washington at the Barbee Mill Company, as shown on the Site Map provided in Attachment 1 of this application package. The Site map figure was digitized from an aerial photograph (1989) purchased from Walker 86 Associates. Additional project location information is provided in the Neighborhood Detail Map and other figures/maps presented in Attachment 1. GRADING PLAN DESCRIPTION Proposed grading contours (Scale: 1" = 75') indicate the extent of grading anticipated (excepting severe storm events that may change existing grades from the time of this application). Contours of the final submerged grade are shown at 2' intervals. The-final dredged slope will be less than 5%. Cross- ' sections A-B and C-D of the proposed grading/dredging contours are provided in Attachment-1 (Scale: 1"= 50' horizontal; 5x vertical exaggeration). Approximately 2000 cubic yards will be dredged from the delta of May Creek. Dredging will occur from Lake Washington by a barge mounted crane with clamshell bucket on a 100' fixed boom. Dredged materials will be placed in a bermed temporary storage area immediately north and upland of the dredge area as indicated in project plans. Residual water remaining in dredged sediments will be contained in the temporary storage area (additional detail as to the temporary dredge"storage area is addressed in Section 12 - Drainage Control Plan). No occupied buildings will be impacted by the proposed dredging project. Structures near the dredge site are identified on the site map. These structures include a remodeled residence and a boathouse owned by Barbee Mill Company. Natural upland drainage, adjacent to the proposed dredging site, is to Lake Washington. This natural drainage will not be altered. PROPERTY OWNER/APPLICANT ECEBP En Barbee Mill Company OCT 1�99� P.O. Box 359 4101 Lake Washington Boulevard N. ®wELoPrp�NNING Renton, Washington 98057 ci�'oFR�r►ron� Page 22 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pc,....it for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Contact: Robert Cugini 206-226-3900 IMMEDIATELY ADJACENT PROPERTY OWNERS: The following immediately adjacent property owners have been identified. Distances are from the dredge site (see Section 4 for listing of all property owners within 300 feet). Immediately adjacent properties to the south are undeveloped and owned by Barbee Mill Company. North - 1120' Quendall Terminals P.O. Box 477 Renton, Washington 98057 South - 300' R. Wayne Uht, Residence • 3901 Lake Washington Boulevard N. Renton, Washington 98056 East - 211' Burlington Northern (Right-of-Way) East - 250' Lake Washington Boulevard • • Page 23 of 37 Renton Permit Application August 1997.DOC City of Renton Special PEA 1i1it for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 10 Tree Cutting/Land Clearing Plan A tree cutting/land clearing plan is not applicable. No trees or vegetation will be removed or altered by this project. Page 24 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pt.mit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 11 Colored Display Maps Oversized colored display maps/figures of the neighborhood detail map, project location map, grading plans, and temporary storage area plans will be provided under separate cover for presentation to the Technical Advisory Committee, Environmental Review Committee, and Hearing Examiner, as may be required. Page 25 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pei thit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 12 Drainage Control Plan The objectives of this drainage control plan are (1) to minimize impacts to Lake Washington during dredging operations and (2) to prevent upland erosion of dredged sediments. , This section describes drainage and erosion control planning associated with maintenance dredging of sediments accumulating at the mouth of May Creek in Lake Washington. Drainage control has two principal components: (1) controlling dewatering of dredged sediments; and (2) prevention of off-site erosion in the upland temporary sediment storage area. This plan addressees soil characteristics, vegetative covers, topography, and climate considerations. Soils at the site are principally sands and gravels carried by high energy stream flows in May Creek and deposited in the may Creek Delta. These sands and gravels are well-drained and graded. 12.1 COMPLIANCE WITH KING COUNTY SURFACE WATER DESIGN MANUAL The King County Surface Water Design Manual, as adopted by the City of Renton, was utilized in the preparation of this section 12.1.1 Core Requirements The following discusses applicability of core requirements to this project. ❑ Core Requirement #1: Discharge at the Natural Location. Conduct of this project will not result in a surface water discharge that changes or alters natural discharges. Lake Washington is considered the downhill property. ❑ Core Requirement #2: Off-Site Analysis. No new proposed impervious surfaces will be created as a result of this project. Therefore an exemption is appropriate. Nevertheless, potential drainage problems exist currently at the site: (1) sediments currently accumulating at the mouth of May Creek (caused by upstream erosion) create flooding problems and potential economic loss to mill property operated by Barbee Mill Company. As a consequence, the banks of May Creek are also subject to greater erosional forces during severe storm events even though portions of the corridor have been revegetated. This dredging project will reduce flooding and minimize the deterioration of May Creek banks in the vicinity of the mill. Nevertheless, a more detailed study (to be conducted by the City of Renton and/or King County) is appropriate to determine the causes of upstream erosional problems, which necessitate this dredging project. Page 26 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pc. for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Erosion of dredged sediments from prior dredging projects does not pose any potential drainage problem. These sediments have been removed, as required under the former Special Permit granted by the City of Renton (1994). ❑ Core Requirement #3: Runoff Control. Runoff control will be managed to control peak rate by infiltration to minimize erosion and silting in Lake Washington (see sections 12.2 and 12.3 below). Previous experience in recent permitted dredging indicates the effectiveness of this approach. 0 Core Requirement #5: Conveyance System. No conveyance systems will be constructed as part of this project. Rather, existing and natural low energy vegetation-lined drainages in their natural location will be encouraged. ❑ Core Requirement #6: Erosion/Sedimentation Control Plan. See sections 12.2 and 12.3 of this drainage plan (below). ❑ Core Requirement #7: Maintenance and Operation. Systems and procedures to control runoff, erosion, and sedimentation are described below for temporary control systems to be implemented during the conduct of project. 12.1.2 Special Requirements • The proposed dredging project does not currently exist within a critical drainage area (Requirement #1) • The project does not currently lie within an approved Master Drainage Plan area (Requirement #2) • Given the limited scope of this project, the dredging project does not require a master drainage plan (Requirement #3) for the entire facility. • The proposed project does not lie within an adopted Basin or Community Plan (Requirement #4) • Special water quality controls are not required because no impervious area will be created (Requirement #5). Nevertheless, water quality controls are described in sections 12.2 and 12.3. • A coalescing plate oil/water separator is not required since no impervious surface area will be constructed (Requirement.#6) and sediments are known to be very clean sands and gravel which readily dewater without increases in turbidity or oxygen depletion. • No closed depressions exist at the Barbee Mill Facility or at the proposed temporary dredged sediment storage area (Requirement #7). However, the temporary dredged sediment storage area will be designed to control runoff (see sections 12.2 and 12.3 below). • Page 27 of 37 Renton Permit Application August 1997.DOC Cityof Renton Special Pei nut for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application 12.2 SEDIMENT DEWATERING Dredged sediments are principally sands and gravels, as has been historically observed and documented in recent dredging (1997). Silt and silty- sands from upstream erosional ,sources tend not to accumulate in the May Creek Delta because of the energy of major storm events which carries fine particles out into Lake Washington. As a consequence, dredged sediments contain/cause very little turbidity from suspended fine particles. Because sands and gravels rapidly dewater, dredged sediments are relatively dry prior to placement in the temporary storage area adjacent to the proposed dredge site. Remaining water in contained sediments will be allowed to infiltrate into subsurface sands and gravels composing the temporary storage area. The temporary dredge storage area will hold dredged sediments for approximately one month to allow for timely removal of sediments while minimizing potential transportation impacts from trucks entering and leaving the Barbee Mill facility. After the sediments have been removed, the entire storage area will be re-seeded with grass. The design life of the temporary storage area/berm is anticipated to be approximately one year. 12.2.1 Temporary Dredge Storage Area The temporary dredge storage area will be located as indicated in project figures. A cross-sections of the storage area is provided in Attachment 1 of this application. The temporary storage area has been constructed form existing site materials and provides for approximately 1200 square yards of level storage. Including bermed area, the temporary storage area will cover approximately 1800 square yards. A berm will enclose the temporary storage area. Berm height will be approximately 5-7 feet above the OHWL (22 feet MSL, as maintained by the Army Corps of Engineers) of Lake,Washington. The interior flat portion of the dredge storage area will be approximately 1-2 feet above OWHL, approximating a natural grade. The storage area will contain sufficient excess containment volume, subsequent to dredged sediment placement, to hold approximately 6000 cubic feet of storm and/or dewatering water. This storage volume is sufficient to contain the anticipated total runoff for a 100 year, 24 hour storm. 12.2.2 Dredged Sediment Removal The temporary dredge storage area will hold dredged sediments for approximately one month, although it is anticipated that sediments will be removed as soon as dry and reasonably possible. During dredging conducted in April 1997, dredged materials were removed concurrently with dredging with no adverse impact. After the sediments have been removed, the entire storage area will be re-seeded with grass. Page 28 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pei mit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application 12.3 SPECIFIC EROSION CONTROL MEASURES Principal erosion control measures include: (1) construction of a temporary dredge spoil area (as discussed previously); (2) placement of a silt curtain/fence; and (3) controlling runoff from both dewatering and storm events with vegetative cover. Subsequent to dewatering, dredged sediments will be removed from the temporary dredge storage area over a period of approximately one month. The purpose is to allow for timely removal of sediments while minimizing potential transportation impacts from trucks entering and leaving the facility. Slopes. All bermed slopes will be less than 2:1 and re-seeded with grass and vegetation to minimize erosion from severe storm events. Dewatering and Stormwater control. See Above. Vegetative Cover. Temporary storage berms will be seeded with grass to provide vegetative cover to reduce the potential for erosion (see may Creek Revegetation Plan, Attachment 4). Subsequent to removal of dredged sediments, the entire temporary storage area will be seeded, returning the site to a more natural condition. Page 29 of 37 Renton Permit Application August 1997.DOC City of Renton Special Permit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 13 Rehabilitation Plan Dredging of Lake Washington deposits is discussed under Section 9 - Grading Plan. The Grading Plan and figures indicate grades to which dredged areas are to be graded. Site rehabilitation will be required for the temporary dredge storage area after dredged materials are dewatered and removed. Final grading and contouring will return the temporary storage area to its pre- existing (level) condition. The temporary storage area will then be re-seeded with grass and . Figures provided in Attachment 1 provide detailed information regarding contours and final grades. As indicated, berm elevation will be approximately 5-7 feet above the high water mark of Lake Washington. The berm slope will be constructed at a slope less than 2:1. Dredged materials will be placed behind the berm for dewatering. The maximum height of dredged sediments is anticipated to be approximately. 12-14 feet. Dewatered, dredged sediments will be removed within 6 months and the entire area re-seeded. Under the previous maintenance dredging permit issued by the City of Renton (7/94), Barbee Mill Company Company began the revegetation of the May Creek corridor passing through the site. Currently, approximately 800 feet of shoreline has been revegetated with native plants (principally willows). Initial planting results are encouraging and this effort will continue during this dredging permit. New and fill-in plantings will be conducted late in 1997 or early 1998. Upon completion of the recent dredging and shoreline relocation, a portion of the shoreline above the OHWL (21.8'MSL) was rocked to assess the shoreline stabilization effectiveness until such time that plantings take hold. This action proved to be very beneficial. Areas not rocked, will likely continue to show some erosion impact. Page 30 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pc,.. it for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Section 14 Construction Mitigation Plan This project is for maintenance dredging of sediments accumulating at the mouth of May Creek in Lake Washington. Sediment accumulation requires Barbee Mill Company (Renton, WA) to conduct maintenance dredging to minimize erosion, to maintain navigation, and to prevent flooding of mill property. The City of Renton has previously issued a dredging permit and exemption from the Shoreline Management Act for maintenance dredging at the site. Approximately 2,000 cubic yards of sediment deposits will be dredged annually for the duration of this permit. 14.1 PROPOSED CONSTRUCTION DATES. Dredging will occur during HPA permitted windows in accordance with Department of Fisheries requirements (Hydraulic Project Approval). The intent is to protect potential spawning fisheries in Lake Washington and May Creek. Actual dredging times will be largely dictated by storm events that bring sand and gravel from May Creek to Lake Washington. During the last dredging event (April, 1997), dredging required approximately 2-3 weeks. Upland Site Preparation. Existing sediments from previous dredging activities have been removed, the site leveled, and the temporary storage area seeded with grass to minimize erosion. Site Mobilization. Crane-mounted barge with clamshell will be located at the site before/after fishery closures to insure that fisheries are not impacted. On-site Review Meeting. Prior to dredging operations, an on-site review meeting will be conducted to review project requirements, construction measures, erosion control measures, worker safety, etc. Dredging Operations. Will occur in a 6-8 week window, depending upon weather, equipment availability, etc. Sediment Dewatering/Removal. Final sediment dewatering will occur in the temporary storage area. As soon as sediments are dry, they will be removed by dump truck. All sediments should be removed from the site within 6 months of project initiation. Page 31 of 37 Renton Permit Application August 1997.DOC City of Renton Special for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Temporary Storage Area Re-Vegetation. Subsequent to dredged sediment removal, the temporary storage area will be re-seeded with native grasses as a permanent site improvement. Project Oversite/Activity Audits. Project activities will be observed and audited to insure that all aspects of the dredging and filling permit are implemented. Oversite activities include maintaining a photographic record, conducting water quality measurements, and preparing a final report. 14.2 ESTIMATED QUANTITIES AND TYPES OF MATERIAL INVOLVED Approximately 2,000 cubic yards of sediments will be dredged annually for the duration of this permit. A barge-based floating clamshell will be used to remove accumulated sediments. Sediments have been previously tested for potential contamination at the request of the Department of Ecology. Sediment test results indicate (1) no sediment quality criteria (Apparent Effects Thresholds or AETs) have been exceeded; and (2) sediments present no environmental threat to human health or the environment (Report, May Creek Sediment Characterization, CH2MHILL, July 18, 1990). Sediment deposits to be dredged are principally fine sands, sand, and gravel of very low silt content. Dredged sediments are well-graded and rapidly dewater, based upon field observations conducted during recent dredging (April, 1997). 14.3 HOURS OF OPERATION. Dredging will occur Monday through Friday during daylight hours (1) to minimize noise to neighboring businesses and residences; (2) to protect worker safety; and (3) to better allow for visual observation of dredging activities. Proposed hauling/transportation routes. No hauling or transportation routes will be impacted during dredging operations because dredging will occur from Lake Washington. Dredged sediments will be placed upland at the Barbee Mill Company facility. Subsequent to dewatering, dredged materials will be sold and removed by truck, moderately increasing the number of vehicles entering and leaving the facility. Currently, approximately 100 trucks enter and leave daily. As a result of this project, an estimated increase of 1-2 trucks entering and leaving daily is anticipated for approximately six months until dredged materials are removed. Measures implemented to minimize dust, mud, noise, and other noxious characteristics. The following summarizes measures to be implemented: • Dust Abatement - because sediments are wet, no special dust abatement measures are required or necessary. Sediments are principally sands and Page 32 of 37 Renton Permit Application August 1997.DOC City of Renton Special for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application gravel with a low potential for creating a dust problem subsequent to dewatering. • Mud Control - dredging operations shall be conducted at all times to minimize disturbance or siltation to adjacent waters as required by the Department of Fisheries. Control measures include (1) placement of wet sediments behind seeded berms to minimize off-site transport; (2) cessation of operations in the event of fish distress, fish kill, or other water quality problems; (3) placement of silt curtains to prevent movement of materials potentially eroded from the site to the adjacent waters of Lake Washington; and (4) no stockpiling of material in the water will be allowed. ♦ Noise Control - dredging will occur during daylight hours to minimize noise to neighboring businesses and residences. Some temporary increase in noise is unavoidable from the operation of clamshell dredging equipment. • Other noxious characteristics: Sediments. Sediments have been previously sampled and tested for potential contamination. Sediment test results indicate (1) no sediment quality criteria have been exceeded; and (2) sediments present no environmental threat to human health or the environment. Sediment deposits to be dredged are principally fine sands, sand, and gravel. Oil/Petroleum. Oil and other petroleum residues from the operation of dredging equipment will be serviced and refueled in a manner to protect against potential spillage into Lake Washington. Measures include: (1) refueling at facilities equipped to protect against spills in the water; and (2) cessation of dredging activities at the appearance of an oil sheen until the problem is corrected; and (3) placement of a silt curtain in the water if turbidity problems in Lake Washington are evidenced. The silt curtain would be placed across the mouth of May Creek at the perimeter of dredging activities. Monitoring during Dredging Activities. Oxygen levels and TSS will be monitored in the dredge area and in Lake Washington to protect against oxygen depleting conditions from occurring at a distance of 150 feet from the dredge area. Similarly, turbidity will be visually monitored to protect against turbidity impacts in Lake Washington. Monitoring will be conducted by an independent firm not reporting to the dredging company. Reports will be made available as to compliance of dredge activities to these plans. Page 33 of 37 Renton Permit Application August 1997.DOC City of Renton Special Pe...lit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Attachment 1 Maps, Figures, Mylar Transfers Page 34 of 37 Renton Permit Application August 1997.DOC 41) Vicinity Map Inset Ea ,, i , ).H.Baxter .° , Scale: p� ,', \ �a� 'xrr I �`4 Quendall `, • '�' c - Teminals •• C2 \ -.........s... r�� , .•.e IV 410P1 , ` Mill .� `vN O ' nn/ t � 1 16 0 / V Inner Harbor Line - \`S O 0�, 4a C' Sediment ,' N� I- 405 Storage Proposed Area arn! Barbee ill Company `` Dredge miu„ ii'm u5n \\\o Area m,,p,Lumber Storag s:I llllhu! \ III II III 1111m 4j111I11 69-----....7 \\^OIIIIII !11(11111j11111! \IIIIII llllllllllilllll - \`OWHL(21.8') ' I ,- s .,.: .tom, 1tlja'u�u ,, Lj May Creek g zir — Office `n O E \ . co' Q \\�``�� rI16PlIT 5alld alld _ \ ! _nrour gravd storage area \ Burlington - Lake Washington BoulevaNMem NRow \\ \ \ Maintenance Dredging - 1997 Site / Location Map County of IGng,State of Washington Latitude:47 31'40"Longitude 122 12'12" Barbee Mill Company,P.O.Box 359,Renton Washington 98057 L&AI/RML 8/97 • • File: Basemap.CAD • I O 12' „c-cA 10' 14' �- 16' Inner 18' met) A Harbor --- Line \ 1 Pk ..-, , ) �. �� N .e. oN 'Sedimen N ` Storage 00 rea N Main . fiance, • , Scale, 1 red• - ,ic%, P 0' 50' 100' . .a ` Existing (4/97) and \ .. Proposed Maintenance x Dredge/Upland Contours Cross-Section Locations 12' lost 14'Ni4i,.., `A 16 18' 4Pig4147166it. ouse Maintenance Dredging - 1997 Proposed Dredging & Upland Contours County of IGng,State of Washington Latitude:47 31'40" Longitude: 122 12' 12" L&AI/RML 7/97 Barbee Mill Company, P.O. Box 359,Renton,Washington 98067 • Fle:.Closs57.CAD O� 12' ��4'L 10' � 14' •W 16' Inner 18' met. A Harbor .----- Line \ ♦ , (SIB, )111 'Sedimen N Storage °D ..,,, ' rea Main -Hance`♦, , Scale 11 red• - ,x♦♦ 0' 50' 100' • • -a ' , Existing (4/97) and Proposed Maintenance Dredge/Upland Contours Cross-Section Locations 12' loat ` 1 16' •• ,' 18' . . . . „ ..\, Bo. ouse ` Maintenance Dredging - 1997 Proposed Dredging & Upland Contours County of King,State of Washington Latitude: 47 31'40" Longitude: 122 12' 12" Barbee.Mill Company,P.O. Box 359,Renton,Washington 98067 L8cAI/RML 7/97 File: Ltoss97.CAD City of Renton Special Pei mit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Attachment 2 Existing Permits Following is a copy of the approved Army Corps of Engineers dredging permit for this project, current HPA (Department of Fish & Wildlife), and Water Quality Certification/ Modification (Department of Ecology). Page 35 of 37 Renton Permit Application August 1997.DOC A% CITY )F RENTON Hearing Examiner Earl Clymer, Mayor Fred J. Kaufman ' September 16, l994 • Michael Lloyd'.:' Lloyd&Associates . • : :..,;3821O..SE 92nd•: .:$noquaknie WA 98445 . Re: BARBEE MILL DREDGING '. FILE No.:. LUA-93-066, SP ;ir: Dear Mr. Lloyd. The Examiner's Report and Decision on the above referenced matter, which was issued July 11, 1994, was not appealed within the 14-day period established by ordinance. Therefore, this matter is considered final by this office and the file on 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,. • • diuteiL ost : J..Kaufman HeaFiLg•Examiner •cc: Mark Pywell, Development Svcs Project Manager FMCEIVED 'Development Services OCT 1 7 1997 DEVELOPMENT PUNNING CITY OF RENTON 200 Mill Avenue South - Renton, Washington 98055 - (206)235-2593 'THIS PAPER CONTAINS S0%RECYCLED MATERIAL,10%POST CONSI'V PR • July 11, 1994 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION APPLICANT: Barbee Mill Company/Robert Cugini BARBEE MILL DREDGING File No.: LUA-93-066, SP LOCATION: 4101 Lake Washington.Boulevard SUMMARY OF REQUEST: The applicant seeks approval of a special permit for dredging at the delta where May Creek flows into Lake Washington. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions. DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on Tuesday, June 21, 1994. 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 June 28, 1994 hearing. The official record is recorded on tape. The hearing opened on Tuesday, June 28, 1994,at 10:08 a.m. in the courtroom of the Municipal Court building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow File containing application, Exhibit No. 2: Site plan and vicinity map. proof of posting, publication and other documentation pertinent to this request. Exhibit No. 3: Illustration of area to be dredged and Exhibit No. 4: Illustration of the area dredged dewatering area. materials will be stored while being dewatered. Exhibit No. 5: Cross sections of the area to be Exhibit No. 6: Cross sections of materials storage dredged. area. Exhibit No. 7: Landscaping plan for storage area. Exhibit No. 8: Site plan showing the second phase of this project. Exhibit No. 9: Landscape details. Exhibit No. 10: Landscape details. Exhibit No. 11: Landscape details. RECEIVED OCT 1 7 1997 DEVELOF(V LI*I,PLANNING CITY OF RENTON Barbee Mill Company/Robert C _i • BARBEE MILL DREDGING LUA-93-066, SP . July 11, 1994 Page 2 • MARK PYWELL, Project Manager, Development Services, City of Renton, 200 Mill Avenue South, Renton, WA 98055, presented the staff report. The application is to obtain a five year permit to dredge the May Creek delta. During the first year up to 5,000 cubic yards of materials will be removed per dredging. After the first year a maximum of 2,000 cubic yards of materials will be removed per dredging and the need to dredge will be determined by the amount of storm flows each year. There may be no dredging during years of little or no storm flows. The Lake Washington shoreline will be reconfigured to its 1985 position. Responding to a question by the Examiner, MICHAEL LLOYD, of Lloyd &Associates, 38210 SE 92nd, Snoqualmie, WA 98065, stated that approximately 5,200 square feet of shoreline would be restored. Mr. Pywell noted that the City, DOE, and Department of Wildlife (Fisheries) have worked with the applicant and Lloyd & Associates to prepare this proposal. The Examiner asked about the exemption from the Shoreline Management Act. Mr. Pywell replied that dredging has been viewed by the City as an exemption from the Shoreline Management Act, under routine maintenance. The build up in May Creek is a result of development further upstream so routine dredging is performed in order to reduce flooding impacts on properties along May Creek. The exemption is granted by the City with a copy to the DOE. This matter is before the Examiner for a substantial development permit. The applicant must obtain additional permits from the Department of Wildlife, DOE, and the Corps of Engineers. A five year permit is requested from the City so that all permits obtained from other agencies will begin and end during the same time period, thereby reducing the burden on the applicant of reapplying for permits. The dredging operation to reconfigure the shoreline will require approximately 250 truck trips. After this operation, truck trips will be approximately 100 per year. The dredged materials will be sold after dewatering. Landscaping is planned around the edges of the materials area, along the shoreline and May Creek and will stabilize the area. Responding to questions from the Examiner, Mr. Lloyd stated that the consent order specifies how the materials are to be removed and the conditions for removal. Barbee Mills would like to sell the materials but the order requires that Barbee Mills pay to have the materials removed if they are not sold. The materials can remain on the shoreline up to six (6) months at which time the materials must be removed upland on the Barbee Mill site Ultimately, all materials will be removed from the site. Mr. Lloyd noted that approximately 1,000 feet along May Creek will be revegetated. Currently, this area is an industrial site, largely grass, and does not have good bank stabilization. Working with King County Conservation District and the Department of Wildlife, an addendum plan was developed to the work plan to accomplish the revegetation for fisheries enhancement and bank stabilization. Dredging will occur in the May Creek delta. As to the creek shoreline, there will be no in water work in the creek bed itself. Mr. Pywell stated that operations will occur during normal daytime hours and there will be temporary erosion control measures. The bermed dewatering area(Exhibit No. 6) will prevent water from flowing directly back into Lake Washington and will instead seep into the ground. Dredged materials from this area have been tested for contamination and contamination was not significant. The requested permit should run with the land and be transferred to future property owners. Responding to inquiries by the Examiner regarding ownership of the delta, Mr. Lloyd reviewed Exhibit No. 12 to point out the inner harbor line property line, stating that part of the delta is the Department of Natural Resources' property and the remaining area is owned by Barbee Mills. Mr. Pywell recommended approval, subject to the five conditions on page 6 of the staff report. 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 10:37 a.m. Barbee Mill Company/Robert C ii BARBEE MILL DREDGING LUA-93-066, SP July 11, 1994 Page 3 FINDINGS,CONCLUSIONS &DECISION Having reviewed the record in this matter,the Examiner now makes and ehters the followin gg: : FINDINGS: 1. The applicant, Barbee Mill Company/Robert Cugini, filed a request for approval of a Special Permit to excavate and grade a site on the shoreline of Lake Washington. 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 No. 1. II 3. The Environmental Review Committee(ERC), the City's responsible official, issued a Declaration of Non-Significance(DNS).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 4101 Lake Washington Boulevard. The site is located west of Lake Washington Boulevard, between that street and Lake Washington. 6. The subject site is used as a lumber mill. The active use straddles May Creek and is located on the shoreline of Lake Washington. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Office and Residential Center, but does not mandate such development without consideration of other policies of the Plan. • 8. The subject site is zoned POR(Planned Office/Residential)a category applied in June, 1993 with the enactment of Ordinance 4404. 9. The area covered by the permit is approximately 18,000 square feet. The permit is to allow two separate actions. The first action would remove between 2,000 to 5,000 cubic yards of material from Lake Washington and its shoreline. The removal is intended to restore or reconfigure the existing shoreline to its state in 1985. This action is the result of a consent decree regarding the addition of materials to the lake and shoreline. The applicant proposes this extraction of materials to be a one time event and to complete the extraction by the end of 1995. 10. The second aspect of the request is to remove accumulated materials in Lake Washington that form the delta of May Creek. This excavation will excavate approximately 2,000 cubic yards of materials. The applicant has already sought an exemption from the Shoreline Management Program to dredge the delta area as part of its routine maintenance of the site. The buildup of materials at the delta impedes stream flow and causes flooding on the subject site during storm events. Barbee Mill Company/Robert C ii • BARBEE MILL DREDGING LUA-93-066, SP July 11, 1994 Page 4 11. Unlike the dredging along the Cedar River and its delta, the applicant has no plans to dredge within the stream corridor: All dredging will be directed at the delta at the mouth of the creek. The distance that May Creek runs through the Barbee Mill site is approximately 1,000 feet. 12. The applicant proposes selling the materials for fill if there is a market for the gravel and sand. Before the material can be removed from the site, it will have to be dewatered. To dewater, the materials will be stockpiled on site and the water will be allowed to drain from it in order to reduce the weight and make movement easier and cleaner. 13. The materials would be temporarily stored on a "spit" of land just north of May Creek adjacent to the lake. The area would be approximately 5,000 square feet. This area will provide temporary storage while water drains from the materials. The water will enter the ground and percolate back into the lake or creek. 14. Staff noted that the applicant might reluctantly turn a portion the subject site into a more permanent depository if there is no market for the materials after they are dewatered. The applicant indicated that they would probably resort to giving the materials away or dumping them. 15. The permit does not incorporate long term or permanent use of the materials for fill on this site. Staff noted that any long term storage on the site should trigger reporting requirements that include where the materials will be stored. The lakeside or streamside locations may not be used after dewatering, and areas within 200 feet of the newly landscaped creek are not appropriate. Staff noted that erosion control measures, to prevent wind or rain from eroding the soil piles, will be necessary. 16. The applicant proposes that the permit for dredging the creek be issued for five (5)years to reduce the time delays, overlapping permits and ease coordination with the other agencies at both the state and federal level. Even under optimal conditions, each dredge event requires separate review by both the State Departments of Ecology and Wildlife(for fisheries review). Actual dredging would be dictated by storm events and the amount of material that such events deposit in the delta area. There may be years without any need to dredge. 17. The applicant will be required to enact erosion and sedimentation control measures by incorporating storage of the materials in a seeded bermed area, erection of a silt fence and best management practices and monitoring during all operations. In addition, staff recommends that the dewatering site be hydroseeded and other control measures to assure that the work sites do not contribute to new erosion or sedimentation problems. 18. The removal of the materials from the site would require that during the first year there would be approximately 250 round trips for the shoreline rehabilitation (20 cubic yard trucks). After the first year, an additional 100 truck trips each year for the dredging operations. The latter will only generate traffic if dredging of the delta area should be required by storm events. 19. Traffic flow will follow the same route used by the logging trucks that serve the subject site. Exiting trucks would turn left to gain quick access to 1-405. The reverse route will provide access to the site. Staff does not anticipate adverse impacts on traffic flow from these trips. Staff did note that there is a bike route in this vicinity of Lake Washington and recommended that the streets be kept free of debris. • • Barbee Mill Company/Robert C 11 . BARBEE MILL DREDGING LUA-93-066, SP July 11, 1994 Page 5 20. The applicant will be incorporating native plantings as part of a landscaping theme along May Creek. Shade will enhance fish habitat by reducing water temperatures. 21. . Tests have demonstrated that the materials that will be excavated are acceptable and show no significant levels of contamination. Staff anticipates that any materials washed down from regions within the drainage basin would continue to remain free of significant contamination. 22. All operations will be monitored by appropriate state and federal agencies to assure that fisheries are not interfered with and water quality is maintained. • CONCLUSIONS: 1. The proposed operations, including the excavation from the lake and delta appear to serve the public use and interest. There is no question that restoring the lake's shoreline, while a small effort, is appropriate as long as it is handled in an environmentally proper manner. The removal of the materials building up at the delta will prevent flood damage and is a proper action. 2. The applicant will confine all operations to appropriate time windows to avoid interfering with fish migrations. All operations will remain subject to review by agencies with appropriate jurisdiction and expertise. 3. Since the permits are for excavation generally, the materials will ultimately be exported from the site. Since the vagaries of the "fill" market could hamper sale of the materials, the applicant will have to dispose of the materials in any event within a reasonable time. Therefore, it seems appropriate to restrict on-site storage to not more than two years worth of dredge materials at any one time. Prior to the start of any third sequence, the materials accumulated by any two prior dredge-dewatering-storage operations shall be removed permanently from the applicant's property. 4. As staff has recommended, the applicant will only be permitted to temporarily store the materials on the site in a location that is at least 200 feet from the outer edge of any landscaping located along Ma. Creek or the shoreline of Lake Washington. 5. Any storage or placement of materials on the site that results in any permanent or topographical changes of the applicant's property shall be subject to separate review under the Mining, Excavation and Grading Ordinance. 6. The conditions recommended by staff are appropriate given the sensitive nature and location of the subject site. They are adopted. 7. The size and intensity of the operation and restoration efforts appear appropriate given the nature of the site and its current uses. The additional truck traffic will not unnecessarily burden the adjoining streets Obviously grading operations and exporting of materials could result in occasional spills along the roadway in front of the site and the applicant should be responsible for cleaning up the debris it may be responsible for. Barbee Mill Company/Robert C ti BARBEE MILL DREDGING LUA-93-066, SP July 11, 1994 Page 6 • DECISION: 1. The Special Permit for Grade and Fill is approved subject to the following conditions: 2. The applicant can stockpile no more than two years worth of dredge materials on the subject site. Prior to the start of any third sequence, the materials accumulated by any two prior dredge- dewatering-storage operations shall be removed permanently from the applicant's proper). 3. The applicant shall be permitted to temporarily store spoil materials on the site in a location that is at least 200 feet from the outer edge of any landscaping and along May Creek or the shoreline of Lake Washington. 4. Anystorage orplacement of materials on the site that results S in permanent or topographical changes to any part of the applicant's property shall be subject to separate review under the Mining, Excavation and Grading Ordinance. 5. All recommended conditions of the Staffs Preliminary Report to the Hearing Examiner(page 6) are adopted. A copy is attached. 6. Within the vicinity of the applicant's property line, the applicant shall keep Lake Washington Boulevard free of debris at all times. ORDERED THIS 11th day of July, 1994. 4.."'"t FRED J. KAU N HEARING E INER TRANSMITTED THIS 11th dayof July, 1994 to the parties of record: Robert Cugini R. Michael Lloyd Olga Lissman Barbee Mill Company Lloyd&Associates, Inc. 3930 Park Avenue North PO Box 359 38210 Southeast 92nd Street Renton WA 98055 Renton WA 98057 Snoqualmie WA 98065 Peggi DuBois Mark Pywell, Project Manager 2907 Mt.View Avenue N Development Services Renton WA 98056 City of Renton 200 Mill Avenue South Renton WA 98055 • Barbee Mill Company/Robert C,' 'ii BARBEE MILL DREDGING LUA-93-066, SP July 11, 1994 Page 7 TRANSMITTED THIS 11 th day of July, 1994 to the following: Mayor Earl Clymer •Councilman Richard M. Stredicke Members, Renton Planning Commission Gregg Zimmerman, PlanBldg/PW Administrator Art Larson, Fire Marshal Jim Hanson, Development Services Manager Lawrence J. Warren, City Attorney Mike Kattermann, Technical Services Manager Transportation Systems Division James Chandler, Building Official Utilities System Division Jay Covington, Mayor's Executive Assistant Valley Daily News 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.,July 25, 1994. 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 nev, 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. • City of Renton PB/PW Departrr Preirr►ina Rs BARBEE MILL DREDGING P ry o°'t fO the Ne°�'7�,+Saner E, PUBLIC HEARING DATE: June 28, 1994 LUA-93-SP, SME Pape 6o/6 9. REVOCATION OF A PERMIT: The Planning/Building/public Works Department are authorized to revoke any annual license • issued pursuant to the terms of this Ordinance if after due investigation they determine that ;rie permittee has violated any of the provisions of this Ordinance. Notice of revocation shall ha.e reasonable time not to exceed forty-five (45) days in which to remedy the defects or omissions specified. In the event the licensee fails or neglects to do so within the time penod, the order or revocation shall be final. A total or partial stop work order may be issued for good reason. H. RECOMMENDATIONS: Staff recommend approval of the Barbee Mill Dredging Permit, file no. LUA-93-066 subject to the following conditions: 1. The Agreed Order of Compliance and Relief from Penalty shall be approved and signed by all parties involved (Department of Ecology, City of Renton, applicant) prior to issuance of'any licenses allowed this Special Permit. All work described in the Agreed Order of Compliance shall be performed completed as described therein and as further clarified by the conditions below. • 2. The applicant shall complete the re-configuration of the shoreline and the plantingof the flood plain am area of May Creek as described in the Agreed Order of Compliance prior to December 31, 1995 In pthe even: that the applicant can demonstrate to the satisfaction of the Development Services Departmcn; ;na; are prevented from completing the work by that date due to a conflict with another permitting agency applicant shall provide a new date for completing the work but in no event shall the extension of time exceed one year. 3. .,The dredging spoils are to be temporary stored in the area described in this permit for no more than six months from the date that the dredging is completed. The applicant shall provide the City with the care the maintenance dredging is started and completed, and the date by which the dredging spoils are to r.t.• removed each year that it is necessary to complete the maintenance dredging. This will avoid an, confusion between the applicant and City staff. 4. The temporary storage area where the dredging spoils are dewatered shall be hydroseed within two weeks of the removal of the dredging spoils. In the event that this occurs during a time penod wher. hydroseeding is not effective, the applicant shall provide other satisfaction of the Development Services Division. The applicant shall einform the rosion nDeve opment Servicetrol meures to s Division why the hydroseeding is being delayed, what temporary erosion control measures will be in performed, and when the hydroseeding will be conducted. • 5. The applicant shall be responsible for the maintenance and survival the temporary storage area, in order to prevent wind or hydraulic erosion, during the years in whichtioon diredging occurs. • • PRLMRPT.DOC • Lake Washington OScale: 1" = 200' OO O '� 200'� O �uendall Ter�aanal (11 O'from dredge Bite) OTemporary • l.�.w..b.ue. Storage Area • �i1.A� wale-like drainage Proposed F111111111. Barbee Mill Company Facility Dredging 11111111111111, O o •6•y 111114 _•• 1iry11/11117. 11111111111 iris ►11.�.1/1111117 > t,mma 3 ..06::s:arrr I III : 1�11111 ... �.A1�1�A ' -:: , \C:::::2Cr"------....jr-------' ; t May Cr-e .Owh .121I1 .. S.. 23 • ai ueav�ro�oaI �seoval�a* e: • Parking Are •• l ` Qsaed9t+� `.� • . 30'ocZiii r cvwobmwl I"•"."•b•+:wl,e How. w 101 Lake Washington Blvd N • Proposed Maintenance Dredging 1993/1994 Site Map County of King.State of Washington Latitude:47 31'40'Longitude 122 12'12' 1 ;, ,.. Base Map/1989 Aerial Photograph(Walker&Associates) Barbee Mill Company,P.O. Box 359.Renton Washington 98057 Sheet 1 of 6 - RML 4/12/93 ,T "I ''\ DEPARTMENT OF THE ARM' '/ F•\ SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX 3755 t°; milt 0, 01• ' SEATTLE, WASHINGTON 98124-2255 • , R�.LY,o MAR 2 ION o► 1995 Regulatory Branch Mr. Robert Cugini Barbee Mill Company Post Office Box 359 Renton, Washington 98057 Reference: 94-2-00196 Barbee Mill Company Dear Mr. Cugini: Enclosed is a Department of the Army permit which authorizes performance of the work described in your referenced application. You are cautioned that any change in the location or plans of the work will require submittal of a revised plan to this office for approval prior to accomplishment. Deviation from approved plans may result in imposition of criminal or civil penalties. Your attention is drawn to General Condition 1 of the permit which specifies the expiration date for completion of the work. You are requested to notify this office of the date the work is completed. Sincerely, • 7 L Thomas F. Mueller Chief, Regulatory Branch Enclosure NPS FL 1145-7 APR 91 (Rev) • • DEPARTMENT OF THE ARMY PERMIT Permittee: Barbee Mill Company Barbee Mill Company Post Office Box 359 Permit: 94-2-00196 Renton, Washington 98057 Issuing Office: Seattle District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted,activity or the appropriate official of that office acting under the authority of the commanding officer. . You are authorized to perform work in accordance with the terms and conditions specified below; Project Description: Clamshell dredge approximately 700 cubic yards of material from Lake Washington to relocate the existing shoreline (in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit) Project Location: At the Barbee Mill Company, in Lake Washington at Renton, Washington. Permit ,Conditions: General Conditions: 1. The time limit for completing the work authorized ends on MAR 2 7 1998 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before LL the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned Water Quality Certification or Coastal Zone Management consistency concurrence are issued for your project, you must comply with the conditions specified in the certification and/or consistency determination as special conditions to this permit. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has• been accomplished in accordance with the terms and conditions of your permit . Special Conditions: a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. Barbee Mill Company b. The permittee shall revegetate the relocated shoreline and the May Creek corridor in accordance with the plans and specifications described in the "May Creek Corridor Revegetation Plan, " prepared by Lloyd & Associates, Inc. , dated March 10, 1994 . c. All plantings shall be completed no later than June 30, 1996. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403) . (X) Section 404 of the Clean Water Act (33 U.S.C. 1344) . ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413) . 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This offic& may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. 2 • i Barbee Mill Company b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above) . c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325 . 7 or enforcement procedures such as those contained in 33 CFR 326 .4 and 326 . 5 . The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. )( ee, x 3 ,, 5 -96 B EE MILL CI:NY (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. ,:e ..,i 4 3,.,a_ 77K-- (DATE) DONALD T. WYNN 3 / olonel, Corps of Engineers District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) . 1. (DATE) 3 • os' OO Vicinity Map 115 : Scale: i' = i200' J.H. Baxte>;% 44 Plan View g '1 � �1- OO / Q Scale: 1" = 200' o She OWH � L. (21.8') s / i 200' \ O A44 1®mizlala'45* ` L_ i I Temporary , Shoreline it on rage Area Barbee Mill - i' . nngg , (5 200�eq_1t of new Company \Ilkshallow water habitat) • 0 Barbee , `�`! Mill 4.44 Pro Cy V Main nanoe y 1 ®-C Dredging. _ -; d�: .� �O Limits � Authorized by COE ` 3. I~' (:::::::7 , fa l.ngit* a7 91'�o- • 41. ills. 1� 1a•1Z- I 405 Persil OYB-2-012864 ri',- �'j,,;; May(.`reek • a . ::� OWIIL 21.8') ` •` „O,k ; ; Notes: v! H . "'--... ........... . . i,- - --._ -`- ,_-_ Maintenance Dredging aR Proposed Maintenance Dredging/Shoreline Relocation PURPOSE- Relocate shoreline 8r Incase shallow water habitat IN: Lake Washington REFERENCE: 94-j,-00196 DATUM Corps of Engineers (1919) OHWI. = 21.8' AT: Renton ADJACENT PROPERTY OWNERS: COUNTY: King STATE: Washington -I', North: Que+ndall Terminals. PO Box 477, Renton, WA 980.56 APPLICATION BY: Barbexe Mill Com , P.O. Box 359 Renter. WA 98057 2' South- Wayne Uht,3901 I.k. Wash- Blvd. N.. Renton, WA 98056 Sheet 1 of 5 - Revised 2/14/94 12' 14' • �y i _ z -- 10' _ '1' 1O• - 2041 ;� ' ' - _ ---- -- - 18' -----Shorelirie Relocations „yJ • - Dredge Area (izatche.'' ` • 1 A j - _----� ----- H W L - E xis'"17 i O 1 .. -- Hwi. (21_8') -Pa+upos:ie • 'Sf •4 • • ,•• I i �` S See Sheet 4 for Tmpo ry era �. y , • / iii Storage Area ✓ ,, .'• 1• I 1,, il • '.. .. % C' , B / 1 .\. ` ; 1 . -.810 0' 50' ' �'' Maintenance ..`- •% 1 Dredge Area �. . 1 • i .:, .` % c. �j[ Authorized by COE a \ % 1 Permit OYB-2-012864 f. �. - • • �._ 1 I • ', ```-''� ., '��-'. 1: NOTES: • l.. i 1 1 �' �-I 12• - Exitit.ittg / 'S �- - Existing 1JF1 ,:tt - >sig contours i a• -- �. �� Proposed Contours i ,•' t s 16' .' 2 - SeeSheet.3 -C rose-aee-tiona • A-A'. i1 B,C-C' 16' / • i�xititi�t� `� • i'i.�a- • i a._ )W1 I I ' l xi�titter -' i - . ) 4\--. �'' Bcaatl'd►ts.- Maintenance Dredging/Shoreline Relocation REFERENCE: 94 00196 Grading Contours County of King, State of Washington I-attitude: 47 31' 40" Longitude: 122 12' 12- Barbee Mill Company, P.O. Box 359. Renton, Washington 96067 Sheet 2 of 5 - Revised 2/14/94 . Cross-section A-A' Cross-section C-C' . . �—Eadsttttt Pima" C C' A so* A. ir _or Herr'(2w) Existing ntour .. 7T 44' 31'—"' 81• • -16•T ��0 JI' ~ ‘4‘> � _+And.... MAY Creenei -••�•'•�•••-��' El- E_ 11• \''',... hanriel El.11' , Proposed dredging / pprtooms after WO').hay,eelftie leloc�atlon 0•) contour Authorized by COE Permit OYB-2-012864 Notes_ Estimated volume of dredging 2000 cu_yd annually Existing channel contour.subject to change with severe storm Barge mounted clamahell utilized for dredging • Cross-section B-B' Dredge material disposed upland above OHWL i' B B' Bridge (Sec'drainage plan for details) OWHL (2L8•) -- ` r Existing bottom profile N,,,• El. 19' \ El. 11' Proposed dredging profile • Authorized by COE Permit OYB-2-012864 Maintenance Dredging/Shoreline Relocation Grading Cross-sections A-A', B-B', C-C' Barbee Mill Company. P.O. Box 309, Renton Washington 92057 HortsontdScale: V:- 40' Vertical Scale: 1` = 20' REFERENCE: 94-$-00196 Sheet 3 of 6 - Revised 2/16/94 ,,AP E' OHwt. ` _ . - ... - . - - / 4.4117. 4U'• I by N • FI. 24' • • \ Notes: No return water to Lake Washington E �' Storage Area = 2000 egyd - See Sheet 5-Croes-sections D-D', E-E' Shoreline(OWHL)shown as relocated (see Sheets 1 and 2) op of C,��l?e f T\ -- berm (28-29') D' Maintenance Dredging/Shoreline Relocation Dredge Storage Area Barbee MiW Company,P.U. Box 359, Renton Washington 9e067 REFERENCE: 94-a-00196 Sheet 4 of 5 - Revised 2/15/94 • Cross-section D-D' Scale: 1" = 20' Ea Jm.t.d height at capacity r z D � �'!�`- D Berm Final Grade V - 1 266' Cross-section E-E' Scale: 1" = 20' Estimated height at capacity E E' Berm Final Grade •-.. 15• OVV11L i _ 1 (21.8') 156' Maintenance Dredging/Shoreline Relocation Cross-sections D-D', E-E' Bars,:Mill ( .auiwaaV, P.O. Box:is9, Renton Washingt-on 90057 Sheet 5 of 5 - Revised 2/15/94 REFERENCE: 941L 00196 • 4.o, 7 V ..'` wJ1 0� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (206)407-6000 • TDD Only(Hearing Impaired) (206)407.6006 CERTIFIED MAIL • December 2, 1994 Barbee Mill Company P.O. Box 359 Renton; WA 98057 • ATTN: Mr. Robert Cugini Dear Mr. Cugini: Enclosed is Order No. 94-2-00196. All correspondence relating to this document should be directed to Tom Luster, Environmental Review and Sediment Section, Department of Ecology, P.O. Box 47703, Olympia, WA 98504-7703. If you have any questions concerning the content of this Order, please contact Tom Luster at (206) 407-6918. Sincerely, • Keith Phillips, Supervisor Environmental Review and Sediment Section KEP:t1 Enclosures: Water Quality Certification/Modification #94-2-00196 State Response letter cc: Corps of Engineers — Jack Gossett U.S. EPA, Seattle -- Gary Voerman U.S. Fish & Wildlife Service -- Dennis Carlson National Marine Fisheries Service -- Ben Meyer Muckleshoot Tribe -- Rod Malcolm Friends of the Earth -- Dave Ortman WA Dept. of Ecology, Shorelands Program -- Jim Anest WA Dept. of Ecology, Northwest Regional Office -- Bob Newman WA Dept. of Fish and Wildlife -- Larry Fisher City of Renton -- Mark Pywell -a C3 Revision of Order#944001 96 December 27, 1994 Page 2 • Ecology is still concerned that mitigation remain viable in perpetuity, and that the riparian habitat values developed as part of this project be kept as part of this and future channel configurations. The revised condition below will allow the values to remain and will also provide the flexibility appropriate for this siw. If the channel is relocated or redesigned in the future, it should remain an open channel and should be given a vegetated buffer with values equal or greater than the one provided through this project's mitigation plan. Based on Mr. Lloyd's request, Condition #9 of the original Order is hereby rescinded and is modified as follows; 9) Protection of the mitigation site shall be done by maintaining the required buffer as long as the stream channel is in Its current configuration. Any proposed changes to the channel location or within the buffer area will require consultation with, and approval by, Ecology and the Washington Department of Fish and Wildlife. All other conditions of the original Order remain in effect, If you have any questions, please contact Tom Luster of my staff at (206) 407-6918. Sincerely, • • (‘11 Keith B. Phillips, Supervisor Environmental Review and Sediment Section KEP;tl cc: Loyd and Associates -- Michael Lloyd Corps of Engineers -- Jack Oossett WA Dept. of Fish and Wildlife — Larry Fisher •• t� • • STATE OP WASHINGTON DEPARTMENT OF ECOLOGY P.O, lox 47600 • Olympia, Washington 98504.7600 Ac �3 Rob)407.6000 ' TOD Only(Hearing lmpalnd)(206)407.6006 December 27, 1994 Post•It'"brand tax transmittal memo 7071 •a r.o« • 2 Barbee Mill Company Co. e. n—IC5 P.O, Box 359 D.pt, t•i,on.i 4a • Renton, WA 98057 . 'Fax G) ��F�•/dos Farr ATTN: Mr, Robert Cugini RE: Revised Order No. 94-4-00196 Water Quality Certification/Modification Relocate a section of shoreline along Lake Washington, and enhance habitat along May.Creek, King County, Washington. • .De it Mr. Cugini: Water quality certification for the above-referenced project was issued on December 2, )994. The project entails relocating a section of Lake Washington shoreline by clamshell Ureugnig. and planting vegetation to enhance habitat along May Creek, King County, Wasntngton t le project is associated with a maintenance dredging project previously authorised by Coil). permit#OYB-2-012864, and is also subject to a Consent Order between Barbee Mill Company, the City of Renton, and Ecology. Condition #9 of the original Order required that the mitigation area along May Creek be protected through a conservation easement or covenant restriction. This is a standard requirement in Ecology's water quality certifications to ensure that mitigation areas air. protected in perpetuity. Your consultant, Michael Lloyd, requested that Condition #9 be changed, based on the particular situation at the project site. During a site visit by Tom Luster of my staff on December 20, 1994, Mr. Lloyd explained that the current May Creek channel w ni a(•!:i fl I I r created several decades ago and that future site development may include a new luL.Atiun for the channel. The present. channel has several sharp bends that erode during high flows, and n new channel location might be designed chat would lessen erosion, lie was concerned thbl an easement surrounding the present channel might "lock-in" the current location anc woulu prevent an improved channel design in the future if the site use Is changed. wait- IN THE MATTER OF GRANTING ) ORDER A WATER QUALITY ) No. 94-2-001% CERTIFICATION/MODIFICATION TO ) Dredge to relocate existing Barbee Mill Company ) shoreline, and mitigate to improve in accordance with 33 U.S.C. 1341 ) fish and wildlife habitat, in Lake [FWPCA § 401], RCW 90.48.260 ) Washington, King County, and WAC 173-201A ) Washington. TO: Barbee Mill Company, Mr. Robert Cugini On March 14, 1994, the Washington Department of Ecology (Ecology) issued a public notice on behalf of the Barbee Mill Company (Applicant) for issuance of certification as required under the provisions of 33 U.S.C. 1341 (FWPCA § 401) pursuant to application for a Section 10 and Section 404 permit from the TJ.S. Army Corps of Engineers. The proposed project entails relocating an existing shoreline by clamshell dredging approximately 5,200. square feet of lake bottom and a berm area, and enhancing habitat in the lower May Creek stream corridor. The project is associated with a maintenance dredging project previously authorized by Corps permit #OYB-2-912864, and is also subject to a Consent Order between the Applicant, the City of Renton, and Ecology. In exercising its authority under 33 U.S.C. 1341 and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 302, 303, 306, and 307). 2. Conformance with the state water quality standards as provided for in Chapter 173- 201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law. 3. Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter 173-201A WAC, IT IS ORDERED THAT: • 1) Certification under the provisions of 33 U.S.C. 1341 is granted to Applicant subject to the conditions contained in the attachments to this Order. 2) This certification does not exempt and is provisional upon compliance with other statutes and codes administered by federal, state, and local agencies. 3) This certification will cease to be valid if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification. Order No. 94-2-00196 • December 2, 1994 Page 2 4) This certification will cease to be valid and the applicant must reapply with an updated application if five years elapse between the date of the issuance of this certification and the beginning of construction and/or discharge for which the federal license or permit is being sought. 5) This certification will cease to be valid and the applicant must reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the federal agency. 6) Per this Order, the water quality standards are hereby modified for the period June 16, 1995 to April 15, 1996 (per Hydraulic Project Approval and proposed work schedule in the summer of 1995 after the fishery closure). Any project construction or operation that will result in exceedances of state water quality standards and that will occur beyond this time period shall require additional authorization through an amendment to this Order. Copies of this Order shall be kept on the job site and readily available for reference by Corps of Engineers personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if it appears necessary to further protect the public interest. Any.person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars per violation for each day of continuing noncompliance. Any person aggrieved by this Order may obtain review thereof by appeal, within thirty (30) days of receipt of this Order, to the Washington Pollution Control Hearings Board, P.O. Box 40903, Olympia, Washington, 98504-0903. Concurrently, a copy of the appeal must be sent to the Department of Ecology, Enforcement Section, P.O. Box 47600, Olympia, Washington, 98504-7600. These procedures are consistent with the provisions of Chapter 43.21 B RCW and the rules and regulations adopted thereunder. DATED S— T 9`Y at Lacey, Washington Keith Phillips, Supervisor Environmental Review and Sediment Section Department of Ecology State of Washington • Order No. 94-2-00196 December 2, 1994 Page 3 ORDER NO. 94-2-00196 Certification for Barbee Mill Company -- ATTACHMENTS -- 1. Water Quality Certification conditions 2. Modification to water quality standards 3. Hydraulic Project Approval Order No. 94-2-00196 December 2, 1994 Page 4 Attachment #1 -- Water Quality Certification conditions: General: • • 1) Work in or near the water shall be done so as to minimize turbidity, erosion, and other water quality impacts. 2) Care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the water. If an oil sheen or distressed or dying fish are observed in the project vicinity, the operator shall cease immediately and notify Ecology of such conditions. Contact Ecology's Northwest Regional Spill Response Office at (206) 649-7000. 3) Certification of this project does not authorize the Applicant to exceed any applicable State water quality standards (WAC 173-201A) or sediment quality standards (WAC 173-204) above those levels permitted in Attachment #2 of this Order, Furthermore, nothing in this certification shall absolve the Applicant from liability for contamination and subsequent cleanup of surface waters or sediments as a result of construction or operation of this project. 4) This certification is contingent upon no additional sources of material or potential contaminants being discharged or affecting the sediments within the dredge limits. 5) Upon reasonable notice, the Applicant shall provide access to Ecology personnel for site inspections or to ensure that conditions of this certification are being met. 6) Ecology's Tom Luster at (206) 407-6918 shall be notified at least 72 hours before starting project construction and project mitigation, and again within 72 hours after project completion and mitigation completion. 7) Conditions of the Hydraulic Project Approval (#94-20196-04) and the City of Renton Examiner's Report and Decision (#LUA-93-066, SP) shall be considered conditions of this Order. Mitigation: 8) Mitigation for the project shall be done as described in the May Creek Corridor Revegetation Plan (prepared March 10, 1994 by Lloyd and Associates, Inc.). This mitigation plan includes four planting zones covering approximately 52,500 square feet of stream corridor. The applicant shall submit a written report to Ecology within sixty days of project completion describing the "as-built" conditions of the mitigation site, and identifying . the type, number, and location of mitigation plantings. • Order No. 94-2-00196 December 2, 1994 Page 5 The applicant shall then evaluate the effectiveness of the mitigation by monitoring plant success on approximately the same date for two successive growing seasons. During each monitoring event, percent cover of native species shall be determined, using any recognized method of quantitative vegetation analysis. If after the first two years, percent cover of native species in any zone does not equal or exceed 80 percent, remedial measures shall be required (e.g., additional plantings, soil amendments, etc.), and an additional three years of monitoring shall be required in those zones that do not meet the 80 percent coverage requirement. After five years of monitoring (if required), each zone shall include a minimum of 80 percent cover of native species. If plantings do not reach this level of success, additional plantings in this or another suitable area may be required. ' The as-built report and the monitoring reports shall be mailed each year for the two- to-five year monitoring period to Ecology's Tom Luster. • 9) ti) Permanent protection of the mitigation ' (either through a conservation easement or • covenant restriction) shall be rec ed on the property deed and documentation of such shall be provided to Ecol s Tom Luster (P.O. Box 47703, Olympia, WA 98504- . 7703). Documen ' shall be provided within sixty days of project completion, and no later than tuber 31, 1995. Dredging and Dredged Material Disposal: 10) All construction debris shall be properly disposed of on land so that it cannot enter the waterway or cause water quality degradation to state waters. 11) Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall not be discharged into state waters except as authorized by an NPDES or state waste discharge permit. 12) Dredging shall be done by clamshell only, and shall be carried out in a manner that minimizes the spillage of excess sediments from the bucket. Sunken logs or any other large debris shall be removed from dredged material and disposed of in an approved upland site. A silt curtain shall be in place during all phases of the dredging operation. The curtain shall remain in place after dredging until turbidity levels have visibly lessened to match levels outside of the curtain. 13) Dredged material shall be stored on site on a temporary basis, as described in the City of Renton Examiner's Report and Decision. Dredged material placed on an upland site to dewater shall be contained so as to not flow back into nearby waterbodies or wetlands. Berms constructed to contain the material shall be seeded with native plants or otherwise protected to control erosion. Any return flow of slurry water shall be controlled to reduce suspended sediment levels prior to discharge back into the waterbody. This return water shall not exceed state water quality standards. Order No. 94-2-00196 December 2, 1994 Page 6 Attachment #2 -- Modifications to Water Quality Standards: Conditions listed below are issued under the authority of Chapter 90.48 RCW and 173-201A WAC and are intended to allow short-term modification of state water quality standards. Except as specifically authorized by this Order, all applicable provisions of 173-201A WAC shall be met. Dilution Zone: A temporary dilution zone shall be established extending 150 feet radially from the point of dredging. This dilution zone is established to allow only temporary exceedances of turbidity and dissolved oxygen criteria during and immediately after dredging operations. Water Quality Criteria: This project is subject to Lake Class water quality criteria contained in 173-201A WAC, except as modified as follows: * Turbidity: The Lake Class water quality criterion for turbidity (no more than 5 NTU over background) is waived only within the dilution zone specified above. * Dissolved Oxygen: The Lake Class water quality criterion for dissolved oxygen (no measurable decrease from natural conditions) is waived only within the dilution zone specified above. Within the dilution zone, dissolved oxygen is at no time to fall below 5.0 mg/L. Toxic conditions resulting in distressed or dying fish (including dissolved oxygen levels below 5.0 mg/L) are not allowed. If these conditions exist, dredging shall cease immediately and the applicant or the contractor shall contact Ecology's Spill Response Office at (206) 649-7000. Monitoring: During and immediately after dredging operations, the applicant or contractor shall visibly monitor the area for distressed or dying fish, and shall ensure that the silt curtain is working properly. If water quality exceedances are observed outside the dilution zone, dredging shall cease immediately and the applicant or the contractor shall contact Ecology's Spill Response Office at (206) 649-7000. HYDRAULIC PROJECT APPROVAL DEPARTMENT Of MUMS ti :` R.C.W. 75 . 20 . 100 General Administration Bldg. ' %.. ..` R.C.W. 7 5.2 0. 10 3 O l yep i a, Washington 9SSO4 r1 July 8, 1994 (206) 753-6650 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 1 OF 2 PAGES LAST NAME FIRST 18 CONTACT PHONE(S) CONTROL NUMBER Barbee Mill Company (206) 226-3900 0 94-20196-9/ 41 19 STREET OR RURAL ROUTE Post Office Box 359, ATTN: Robert Cugini j LJ 08. LKWA • CITY STATE 98057ZIP 14 17 Renton AA 12 ATER TR BL1TARY TO 11 T PE OF PROJECT Lake Washington Ship Canal Dredging and 2MUARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 31 24N 05E King Mitigation TIME LIMITATIONS: TITHES PROJECT MAY BEGIN ©AND MUST SE COMPLETED sr Jul 16 1994 April 15, 1996 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLodEp BY THE PERMITTEE AND OPERATOR PERFQRMIWG THE WORK. SFr IMPORTANT GENERAL PROVISIONS ON REVERSE SIRE OP APPROVAI NOTE: This project is approved as illustrated in the Corps of Engineers Public Notice 94-2-00196, received on March 17 , 1994 , subject to the following provisions: Washington Fish and Wildlife Habitat Manager shall be notified of the construction starting date by calling (206) 392-9159 within seven (7) days prior to commencing the project. Failure to do so will constitute a violation of this approval . 1. The applicant shall complete the retve ation plan, which is a component of the Washington Department of Ecology Shorelands and Coastal Zone Management Program consent order pertaining to this site. 2 . Dredging shall not occur from April 15 to June 15 . 3. Excavated or dredged material shall not be stockpiled on a temporary or permanent basis below the high tide line. 4 . If a hydraulic dredge is used, it is to be operated with the intake on or elow the surface of the material being removed during all periods of the operation. Reverse purging of the hydraulic dredge intake line shall be held to an absolute minimum. Should purging become necessary the intake end is not to be raised more than three (3) feet above the bed material . ?e,C)LS pow)uLys . SEPA: City of Renton, DNS, June 7, 1994 REGIONAL HABITAT MANAGER - Larry Fisher (206) 392-9159 PATROL - Nicks (1] APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA DEPARTMENT OF FISHERIES . � s (l,)_.e_w<„ / DIRECTOR 111111 HYDRAULIC PROJECT APPROVAL �'r . • 7 5 .2 0 . 10 0 DEPARTMENT OF iISMERIES R.C.W.R.C.W. 7 . 0. 103 General Administration Bldg. •�•,i' olyspis, Washington 9.504 n July 8, 1994 (Boa) 753-6650 DEPARTMENT OF FISHERIES (applicant should refer to this date in all correspondence) PAGE 2.0F 2 PAGES LAST NAME 18 CONTACT PHONE(S) "—CONTROLMB NUMBER Barbee Mill Company (206) ' 226-3900 .1 , 94-20196-02 12 MATERLake Washington 1WR)A 08.LKWA 5. A floating clamshell may be used for dredging. Each pass of the clamshell bucket shall be complete, and there is to be no stockpiling in the water. 6. Dredging operations shall be conducted at all times in such a manner as to cause little or no disturbance or siltation to the adjacent waters. A floating siltation control curtain shall be deployed and maintained in a functional manner to contain suspended sediments. 7 . Dredged materials shall be disposed upland as indicated in the Corps of Engineers Public Notice, such that they do not re-enter surface waters of the state. 8. If at any time there should be fish in distress, a fish kill , or water quality problems as a result of this project , the dredging operations will be shut down immediately. 9. No deleterious materials shall be allowed to enter state waters as a result of this project. 10. Any debris resulting from this construction project shall be removed from the water and disposed of or placed in such a manner to prevent its being washed back into the water by high water or wave action. 11. Water quality is not to be degraded to the detriment of fish life as a result of this project. LOCATION: Mouth of May Creek, 4101 Lake Washington Boulevard North, Renton, Washington. It cc: Michael Lloyd, Lloyd and Associates • ( REV 10/16/88 / Certification of Compliance with Department of the Army Permit Permit Number: 94-2-00196 Name of Permittee: Barbee Mill Company Date of Issuance: 'MAR 2 7 1995 Upon completion of.the activity authorized by this permit, sign this certification and return it to the following address: ' r Department of the Army Seattle District, Corps of Engineers Regulatory Branch Post Office Box C-3755 . . Seattle, WA 98124-2255 . Please note that your permitted activity is subject to s compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit. Signature of Permittee ���y,,.,� HYDRAULIC PROJECT t, ,, APPROVAL t) R.C.W. 7 5 .2 0 . 10 0 TMENT' sF a Gener stration Bldg. 4...s� R.C.W. 75 .20. 103 Olympia, Washing 504 DEPARTMENT OF FISHERIES n September 6, 1996 (206) 753-6650 (applicant should refer to this date in all correspondence) PAGE 1 OF 2 PAGES MUST NAME FIRST 1B CONTACT PHONE(S) CONTROL NUMBER Barbee Mill Company L=1 (206) 226-3900 94-20196-03 19 STREET OR RURAL ROUTE PO Box 359, ATTN: Robert Cugini ® 0 08.LKWA CITY STATE ZIP 14 17 Renton WA 98057 21 JJATER TRIBUTARY TO 0T PE,OF PROJECT Lake Washington Ship Canal Dredging and E1QUARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 31 24N 05E King Mitigation THIS PROJECT MAY BEGIN AND MUST BE COMPLETED BY TIME LIMITATIONS: 0 ©Immediately-Pry 3 Aug. 31, 1997-Pry 3 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE IMPORTANT GE.NERAI.PROVISIONS ON REVERSE SIDE OF APPROVAL NOTE: This Hydraulic Project Approval (HPA) is a renewal of the original HPA issued on July 8 1994 in response to a written request by Michael Lloyd of Lloyd c Associates, which was Au gust on 19, 1996. It supersedes the previous HPA for this project. This project is approved as illustrated in the Corps of Engineers Public Notice 94-2-00196 received on March 17, 1994 , subject- to the following provisions: 1. NOTIFICATION REQUIREMENT: The Washington Department of Fish and Wildlife Habitat Manager shall be notified of the construction starting date by calling (206) 392-9159 within 7 days prior to commencing the project. Failure to do so will constitute a violation of this HPA. 2. The permittee shall complete the reve ation plan, which is a component of the Washington Department of Ecology Shorelands and Coastal Zone Management Program consent order pertaining to this site. . 3. Dredging shall not occur from April 15 to June 15, 1997. 4 . Excavated or dredged material shall not be stockpiled on a temporary or permanent basis below the high tide line. SEPA: City of Renton, DNS, June 7, 1994 , REGIONAL HABITAT MANAGER - Larry Fisher (206) 392-9159 PATROL - Boone 030 [P1] APPLICANT - WILDLIFE - READER - PATROL - R. - WRIA DEPARTMENT OF FISHERIES DIRECTOR i ' ,,,y4Jr HYDRAULIC PROJECT APPROVAL �• .,.``�,` , D ENT OF FISH i?`.,: R.C.W. 75 .20 . 100 General A ation Bldg. r•�.s' R.C.W. 75.2 0. 103 0 , Washingto 4 DEPARTMENT OF FISHERIES n September 6, 1996 (206) 753-6650 (applicant should referq� to this date in all correspondence) PAGE rOF 2 PAGES 10 LAST NAME CONTACT PHONE(S) CONTROL NUMBER — Barbee Mill Company 18 (206) 226-3900 1 94-20196-03 12 �WATERL WRIA 9ake Washington 08.LKWA 5. If a hydraulic dredge is used, it is to be operated with the intake on or below the surface of the material being removed during all periods of the operation. Reverse purging of the hydraulic dredge intake line shall be held to an absolute minimum. Should purging become necessary, the intake end is not to be raised more than 3 feet above the bed material. 6. A floating clamshell may be used for dredging. Each pass of the clamshell bucket shall be complete, and there is to be no stock- piling in the water. 7. Dredging operations shall be conducted at all times in such a manner as to cause little or no disturbance or siltation to the adjacent waters. A floating siltation control curtain shall be deployed and maintained in a functional manner to contain suspended sediments. 8 . Dredged materials shall be disposed upland as indicated in the Corps of Engineers Public Notice, such that they do not re-enter surface waters of the state. 9. If at any time there should be fish in distress, a fish kill, or water quality problems as a result of this project, the dredging operations will be shut down immediately. 10. No deleterious materials shall be allowed to enter state waters as a result of this project. 11. Any debris resulting from this construction project shall be removed from the water and disposed of or placed in such a manner to prevent its being washed back into the water by high water or wave action. 12 . Water quality is not to be degraded to the detriment of fish life as a result of this project. LOCATION: Mouth of May Creek, 4101 Lake Washington Boulevard North, Renton, WA. cg c: Michael Lloyd, Lloyd and Associates, 38210 SE 92nd St, Snoqualmie, WA 98065 Washington Department of Ecology, Permit Coordinator, PO Box 47703 , Olympia, WA 98504-7703 REV 10/16/88 rr/�aP11Nl�i UN Ut'AK I MLN i 01- 1-1b11 ANU W ILULII-t 600 CAPITOL WAY NORTH - OLYMPIA,WASHINGTON 98501-1091 (360) 902-2534 ` This Hydraulic Project Approval pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional vthorization from other public agencies may be necessary for this project GENERAL PROVISIONS This Hydraulic Project Approval shall be available on the Job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s)to whom this Hydraulic Project Approval is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All Hydraulic Project Approvals issued pursuant to RCW 75.20.103 may be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the permittee: PROVIDED HOWEVER,that such modifications shall be subject to appeal to the Hydraulic Appeals Board established In RCW 75.20.130. APPEALS-GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL,THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. INFORMAL APPEALS(WAC 220.110 340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 76.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an infomlal review of: (A) The denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; or (B) An order knposing civil penalties. ft Is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but If not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be In WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98601-1091 and shall be RECEIVED by the Department within 30-days of the denial or Issuance of a Hydraulic Project Approval or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or Its designee. If you are not satisfied with the results of this Informal appeal, a formal appeal may be filed. B. FORMAL APPEALS(WAC 220410-360) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 76.20.106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or Issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval; (B) An order imposing civil penalties; or (C) Any other"agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act,Chapter • 34.06 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98601-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL"and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely Informal appeal. If there has been an Informal appeal, the deadline for requesting a formal appeal shall be within 30-days of the date of the Department's written decision In response to the informal appeal. C. FORMAL APPEALS OF DEPARMENT ACTIONS TAKEN PURSUANT TO RCW 76.20.103 or 76.20.160: A person who Is aggrieved or adversely affected by the denial or issuance of a Hydraulic Project Approval, or the conditions or provisions made part of a Hydraulic Project Approval may request ■formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at Environmental Hearings Office, 4224 Sixth Avenue SE,Building Two - Rowe Six,Lacey, Washington 98604; telephone 360/459-0327. D. FAILURE TO APPEAL THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL,THE DEPARTMENT ACTION SHALL BE FINAL AND UNAPPEALABLE. cNT o� qe/ 1///75 � SEATTLE DISTRICT. CORPS OF ENGINEERS P.O. BOX 3755 pr-' M � , SEATTLE,WASHINGTON 98124-2255 �,�' 1QQR �`� T► T ATTENTION OF NOV 2 5 199 1 Regulatory Branch Barbee Mill Company Post Office Box 359 Renton, Washington 98057 Reference: 95-2-00997 Barbee Mill Company Gentlemen: Enclosed is a Department of the Army permit which authorizes performance of the work described in your referenced application. You are cautioned that any change in the location or plans of the work will require submittal of a revised plan to this office for approval prior to accomplishment. Deviation from approved plans may result in imposition of criminal or civil penalties. Your attention is drawn to General Condition 1 of the permit which specifies the expiration date for completion of the work. You are requested to notify this office of the date the work is completed. Sincerely, Thomas F. Mueller Chief, Regulatory Branch Enclosure III NPS FL 1145-7 APR 91 (Rev) • Barbee Mill Company 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. You must comply with the provisions of the attached Water Quality Certification. c. Your use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. d. You must have a copy of this permit available on the vessel used for the authorized transportation and disposal of dredged material. e. Dredging shall not occur between April 16 and July 15 of any year in order to protect outmigrating smelt fry. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403) . (X) Section 404 of the Clean Water Act (33 U.S.C. 1344) . ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413) . 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. 2 Barbee Mill Company c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above) . c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325. 7 or enforcement procedures such as those contained in 33 CFR 326 .4 and 326 .5 . The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. 3 • DEPARTMENT OF THE ARMY PERMIT Permittee: Barbee Mill Company Barbee Mill Company Post Office Box 359 Permit No: 95-2-00997 Renton, Washington 98057 • Issuing Office: Seattle District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: Dredge 2,200 cubic yards of material per year for 5 years for a total of 11, 000 cubic yards in two locations (an average 2, 000 cubic yards annually from the mouth of May Creek and 200 cubic yards annually from the log boom storage area) in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit. Disposal will be at a preapproved upland location on Barbee Mill Company land. This is maintenance dredging for boat moorage and removal of accumulated bark and debris as per agreement with the Washington Department of Natural Resources. Project Location: In Lake Washington at Renton, Washington. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on NOV 2 5 2001 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should -you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. S 4 . If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit cc this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. • DEPARTMENT OF THE ARMY PERMIT Permittee: Barbee Mill Company Barbee Mill Company Post Office Box 359 Permit No: 95-2-00997 Renton, Washington 98057 • Issuing Office: Seattle District Note: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. Yau are authorized to perform work in accordance with .the terms and conditions specified below. Project Description: Dredge 2,200 cubic yards of material per year for 5 years for a total of 11,000 cubic yards in two locations (an average 2, 000 cubic yards annually from the mouth of May Creek and 200 cubic yards annually from the log boom storage area) in accordance with_ the nlans .and drawings attached hereto which are >provec :or boa'. This notice of authorization must be • conspicuously displayed at the site of work. United States Army Corps of Engineers 5 . DREDGE 2,200 CUBIC YARDS (CY) OF MATERIAL PER YEAR FOR 5 YEARS FOR A TOTAL OF 11,000 CY IN TWO LOCATIONS AVERAGING 2,000 CY 19 ANNUALLY FROM THE MOUTH OF MAY ma AND 200 CY ANNUALLY FROII it _ THE LOG BOON STORAGE AREA WITH UPLAND DISPOSAL AT A PREAPP'::OV�]) LOCATION OMm" BARB'EE MILL COMPANY LAND (MAINTENANCE DREDGING FOR BOAT i400i'.AGE .:iiD REMOVAL th b== A permit to OF ACCUMULATED BARK AND DEBRIS) IN LAKE JASHINGT(jt on and i.. at RENTON, WASHINGTON. 'ed of C e a good fill''; ) r. 'r`;4�i Should has been issued to BARBEE MILL COMPANY on �'"' 1"9 o abanc .:. mit '_l Address of Permittee POST OFFICE BOX 359, RENTON, WASHINGTON 93057 while Permit Number ,,__. otify ONALD T. WYNi'( or i f 95-2-00997District Commander COLONEL, COMPS OF ENGII.EERS erm_t :.c ENO FORM 4338,Jul 81 (ER 1146-2.303) EDITION OF JUL 70 MAY BE USED (Proponent:WEN-CIYO) oject, conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions . Barbee Mill Company 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: a. You must provide a copy of the permit transmittal letter, the permit form, and drawings to all contractors performing any of the authorized work. b. You must comply with the provisions of the attached Water Quality Certification. c. Your use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. d. You must have a copy of this permit available on the vessel used for the authorized transportation and disposal of dredged material. e. Dredging shall not occur between April 16 and July 15 of any year in order to protect outmigrating smelt fry. Further Information: 1. Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbor Act of 1899 (33 U.S.C. 403) . (X) Section 404 of the Clean Water Act (33 U.S.C. 1344).. ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.0 1413) . 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. 2 • • Barbee Mill Company c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or • revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a. You fail to comply with the terms and conditions of the permit. b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above) . c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325 .7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326 . 5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. it 3 III Barbee Mill Company Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. V\6/t X�11 — J — ' isi) BAR EE MILL COMP (DATE) f • 4. This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. II -r $ / c DONALD T. WYNN (DATE) ..., Colonel, Corps of Engineers District Engineer• When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) III 4 Vicinity Map I3 . Plan View � 1� Scale: 1" = 1200' Ii.c:O J-H. Bazte ' was O �� -Ale: 1•• = 200' • _ e `� - -- -1.,"-- � OHWI. (2 i 0�o .41.1.3 � /�/�� 09 uendal1 '' ' I Shoreline tteloCation _-,ra)Ora �•�-� _ �� Dredging Limits low (5 200 sq.ft_ of new r oio' ' . Comppa ill `.� Minnow water habitat) '. f ( &J ) 44 / Barbee ,' . \ PlDPora[�)M4►v C Mill n ExP H Iq 8 altG i K t4-1 (DMA 14 - ; oN.{ 4, / Dn�ibn g HOC'/yr- l lz�y�t '�debnb 2t�p cy l y ; 47 LtV- ICA" ) �9-1-�11.81J1.1 �;it ,l ' l �' - �L e 'La ads:1221 1 code 1 12'12' ylgs 11'`' A" la / , I 405 l) May Creek thili o1IWl x ) • � =: '32 �i �N� : ,40 (1) 300 «-- '�' - 1 � Notes: —� ?J 2,--��_�J Federal Harbor Linea not Established _A Parkins • (Ye' y Bottom Land Applicant Owned au•i••.„,s,....L.•,rug / Shoreline A��uetm _ ALOE ftC eat Maintenance Dredging a/ Proposed Maintenance Dredging qI_ z_ 00 aq `- PURPOSE. A4krl�tilh naN‘yut)� dCp - IN: Lake Washington DATUM: Corps of Engineers(1919) OIIWL r, 21.8' AT: Renton ADJACENT PROPERTY OWNERS: COUNTY: King STATE: Washington . (1 North: (juan.iall Teri ninals. PO Box 477. Renton, WA 98056 APPLICATION BY: Barbee Mill Company (Y 1 S..• 1111 WelYno (PI,1. .')9oj I.k. Wash. Blvd N., Ilenton, WA 9t10.156 P.O. Bart 389 Realtor WA 1140'S7 Sheet 1 of 1- Revised I" 13I95 .c.s. - 9, 11' 13' 15 �p / . \ _ _ I 40 ' \ • t Plan View • . � ' 1 mac, i t ;, Scale: 1" = 100' Proposed maintenance t A .e.s:• ;:� , i of barkrem and area .;Zp-_•, t•is. 1 : ...,�...P.- and debris. •. •::::::::;.ir _� 200 cu yd/yr ,.:�l::::::MInvp:,; 200' diii 9' \ 0 WWI., __ _ �ii �! LW' i !� ! • (21.8') 11 ...-... .i.:t- ,_g _ �!" s A' t - Iliehliip..pighillIMP !I ! i;',� 15' li1I=:uI : g'; ' i l!�'!:iCi. 2 130 — — Bark/Debris removal using :;/ �..., 570' barge mounted ciamehell bucket. • (3_2,- Estimated dredge volume 200, 690' DredgedYd . materials placed in bermed storage area / for dewatering. Dredaac Store we A rea Proposed Bark & Debris Removal Project - plan Vita) g5- 2 I)Dyl r7 PURPOSE: Maintain navigation depth/comply with DNR lease IN: Lake Washington DATUM: Corps of Engineers (1919) 014W1, 21.8' AT: Renton • ADJACENT PROPERTY OWNERS: U� COUNTY: King STATE: Wmblttgt.on CO North. Quendall TartzJnals. I't) at,* 471. Retiton, WA 98066 APPLICATION BY: LI EIarbee Mill Company P.O. Box869 Q SoWayneth: Wayne Uht, 9901 Lk. Waal,- Blvd. N . Renton, WA 98066 Renton. WA 980157 - -- Sheet 2 of, 7_ 11 3 �� • t. I ElevationA < SL) A 30' 125' 26' — 20' — ��16' 1- 50' 4 zif___ 16' to — Existing profile -------------_-_-- 2' Maximum 6' s_. — Proposed Bark/Debris F Dredge Profile Horizontal Scale: 1"= 20' Verbs el Scale: 1" = 10' Maintenance Bark & Debris Removal- CYO-$C I Grading Cross-section A-A' Barbee Mill Comp any. P.O. Hoz 969. Renton Washington 98067 �1� Sheet 3 of. 7 11 Nis • • 12• 14• ii ,, `�� • --- OHWI. (21 s) la 3 • 1 • !, r t t ` i ,t , .� • ` .-' .` See Sheet 4 for Terriporery. �s / \ • Storage Area t ' s. ..1, C' • ..`1 . Scale • I : ` �� b0� Maintenance i r `. -4 .. t Dredge Area- *, `.. •v ' • ` r. N '% l' ` • ` .� NOTES: i ' i 1 2' .. •` \3121o:at - ./ •. Exirstitig contour, >s --- i \' �� Proposed Contours a See Sheet 9- 1e% .. i - Exist u,� A A', 13 6G Cross-sections s • f'i�a a .\A'1 I 1 1� g Exiaiti:ag t_, 1 .. - i Ga Iritl at-hoaaye • MQ..+r1VCY1 tx/irt trd ^D( a _ Greer - ?t ViAll U �. Maintenance Dredging, __ tAD 646 2--dQ�9 . Grading Contours ' County of King. State of Washington 1-aatittide 47 31' 40- Longitude: 122 12. 12" Baree Mill Company, P.O. B 359, Renton, Washington 98067 Sheet y of 7- Revised 11 131as b Cross-section A-A' Cross-section C-C' � --- Eclat-hag profile • A C C, 60'------� A' Top of Berns(2W) Existing ntour 1 al' %` 77' • I ' /�'. 44' 31'—�{ OWHL 21.8' �f ✓��..�� `. ll f i �' ! z . i• May Creek X.-77 -.411: 1,w.,... Channel El. 11'N\ profile afterProposed dredging_shorelineaelocution MO') O0 Moir P'fr d 9cl-2-000q tp Notes: Eat„natod volume of dredging 2000 cu.yd annually Existing channel contours aubiect to change with severe storm Cross—s Bnrga mounted clamahell utilized for dredging action B-B' Dredge material dig posed upland above OHWL B B' OWFIL (See drainage plan for details) Bridge (21.8') — ;-. ---- gas• ' 1 — — • E:xiating bottom profile — - — — - —. El. 19' . /' ' El. 11 Proposed dredging profile i . i\LAna26“.._Thirraye_A- efte, — C . • Maintenance Dredging cis-Z ooq 4 q- - Grading Cross-sections A-A', B-B', C-C' _ Barbee Mill Company. P.O. Box 359. Renton Washington 900157 Horizontal Scale: 1-= 40' Vertical Scale: 1- = 20' Sheets of 7- Revised ' 3 i q'S • • E' oHwi. rt . ..) • / % N \ 1 ,EI- ?4' 1 \ \ I \ 4 1 • \ = • , '`• `,,:' ,�'. Notes: • • • N Ei �•� // ,/ /�•• No return water to Lake Washington • �.\ N�,'�/ ' ' // 1 •• •\ S. Storage Area = 2000 sq yd s. • ' • N. �`� �..�/' / ; •• • • See Sheet 5-(,`rose-sec lions D-D', E-E' /��• , \• ; Shoreline(OWHL)shown as relocated `�` ��� . '. • (see Sheets 1 and 2) -64- ram `4'N �`;• .\ •. Cbq @ \ S. ' e ''� ; �' j • \ e'4jj4 = j Top of @1 1 \ berm (28-29') q 5- z-Oog'i'7 Maintenance Dredging Dredge Storage Area - Barbee Mill Company. 1'.0. Itux 359, It.,nton Waahi.. t. n 980117 Sheet h of 7- Revised 110\15" • • i Cross-section D-D' I Scale: 1" = 20' t Eatfuutad height at capacity sID D' if__ I Sean Final Grade OWH1. `--15• -' ---------4 OA A Poll O.P. . 1/4 L 266 1 Cross-section E-E' j Scale: 1" = 20' Eatimatad height at capacity / "'_ 15' - / Serra Firial Crrada OW111. Z / 156• Maintenance Dredging Cross-sections D-D', E-E' : l3ario Mill ( onq,enty. l'O. Bala MI), IL:ntnn Wanleingt.m 9Ne1R7 / Sheet of, fi- Revised 11 ISM- . Certification of Compliance w1tn Department of the Army Permit Permit Number: 95-2-00997 Name of Permittee: Barbee Mill Company Date of Issuance; NOV 2 5 1996 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: 1 Department of the Army Seattle District, Corps of Engineers Regulatory Branch Post Office Box C-3755 Seattle, WA 98124-2255 • Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fall to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit. Signature of Permittee 1 £$T f. � �O °F� DEPARTMENT OF THE ARMY yQ ON' SEATTLE DISTRICT. CORPS OF ENGINEERS G ut P.O. BOX 3755 SEATTLE, WASHINGTON 98124-2255 LT' ,„i ATTENTION or Regulatory Branch NOV 20 1996 Barbee Mill Company Post Office Box 359 Renton, Washington 98057 Reference: 95-2-00997 Barbee Mill Company Gentlemen: We have not received the two original Department of the Army permit forms that were requested by telephone to replace the photostat copies received October 29, 1996 . We are again sending you two original sets of the permit forms . These original forms must be signed by you, the applicant, not your agent , and both sets of originals returned to us . Upon receipt of these signed originals, the Department of the Army will sign the forms and complete the processing of your application. Your copy of the fully executed permit will then be returned to you. You cannot modify these permit forms or their accompanying drawings . By signing the forms you will be indicating your acceptance of all the permit' s general and special conditions . Please read them carefully. You can begin the work authorized by this permit only after you have received your copy of the fully executed permit form. The signed permit forms must be returned to us within 90 days of this letter or your application will be canceled. We are holding your agent' s check for $100 . Sincerely, Thomas F . Mueller Chief, Regulatory Branch 2 Enclosures 1 . Permit (dupe) 2 . Envelope T SAre tea•.. OA i 0 y1 18 89 a STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 CER111-1E1)MAIL October 14, 1996 Barbee Mill Company PO Box 359 'Renton WA 98057 RE: Corps Section 10 and Section 404 Permits, Public Notice No. 95-2-00997 Section 401 Water Quality Certification/Modification Dear Ladies and Gentlemen: The public notice from the U.S. Army Corps of Engineers for proposed work in Lake Washington has been reviewed. On behalf of the State of Washington, we certify that the work proposed in the public notice complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended, Ecology concurs with the applicant's determination that this work is consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act This certification/modification is subject to the conditions contained in the enclosed Order. If you have any questions, please contact Tom Luster at (360) 407-6918. Written comments can be sent to him at the Department of Ecology, PO Box 47703, Olympia WA 98504-7703. The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, vid Bradley, Supervisor Environmental Review and Sediment Section DB:mvs Enclosure cc: Mr. Michael Lloyd, Lloyd and Associates, Inc. Ms. Cindy Barger, COE Dennis Carlson, USFWS Ben Meyer, NMFS Linda Storm, EPA Larry Fisher, WDFW Mary Kautz, Ecology • IN THE MATTER OF GRANTING ) ORDER#95-2-00997-R A WATER QUALITY ) CERIMICATION/MODIFICATION TO ) Dredge 2,200 cubic yards of material per Barbee Mill Company ) year for five years, for a total of 11,000 in accordance with 33 U.S.C. 1341 ) cubic yards, in Lake Washington and at [FWPCA § 401], RCW 90.48.260 ) the mouth of May Creek, near Renton, and WAC 173-201A ) King County, Washington. TO: Barbee Mill Company PO Box 359 Renton WA 98057 • On November 14, 1995, a request for water quality certification from the State of Washington was submitted for the above-referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWPCA§ 401). The request for certification was made available for public review and comment by inclusion in Corps Public Notice 95-2-00997-R No comments were received as a result of the public notice. The applicant proposes to dredge 2,200 cubic yards of material per year for five years, for a total of 11,000 cubic yards. Dredging will occur in two locations: an averate 2,000 cubic yards annually from the mouth of May Creek, and 200 cubic yards annual from the log boom storage area in Lake Washington. Dredged material will be disposed of at an appropriate upland location on Barbee Mill Company land. The proposal is located at Renton, King • County, Washington. Approvals/Permits: The Department of Fish and Wildlife issued the Hydraulic Project Approval (#95-20997-03) on November 28, 1995. The City of Renton issued an exemption to the shoreline substantial development permit (LUA-93-066) on May 20, 1994, and the SEPA determination of nonsignificance on May 18, 1994. AUTHORITIES In exercising authority under 33 U.S.C. 1341 and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 302, 303, 306, and 307), 2. Conformance with the state water quality standards as provided for in Chapter 173- 201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law, and 3. Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. ./ Order #95-2-00997-R October 14, 1996 Page 2 SECTION 401 WATER QUALITY CERTIFICATION In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter 173-201A WAC, certification is granted to Barbee Mill Company (applicant) subject to the following conditions: i 'Dredging and Disposal Conditions 1. The applicant shall comply with all conditions of the Hydraulic Project Approval (#95- 2-997-03) issued by the Department of Fish and Wildlife. 2. When operating equipment near Lake Washington, May Creek, and other waters of the state, extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the water. If an oil sheen is observed in the project vicinity, the operator shall cease immediately and notify Ecology of such conditions. Contact Ecology's Northwest Regional Spill Response Office at (206) 649-7000. 3. Dredging to be conducted using a clamshell dredge shall be done in a manner which minimizes the amount of water retained in the bucket, including holding the bucket just above the surface of the water for a brief period to allow excess water to escape. 4. All floating debris shall be recovered and disposed at an appropriate upland location. 5. Sediment disposed upland shall be contained using a protective berm of suitable material, such as concrete blocks, wood planks, etc., to reduce suspended sediments and excess turbidity, and prevent the return flow of turbid water into waters of the state. 6. The applicant shall contact Tom Luster at (360) 407-6918 seven days prior to dredging. If you reach the recorded message, please leave your name, telephone number, Corps reference number, and the date construction will start. SHORT-TERM MODIFICATION TO WATER QUALITY STANDARDS In view of the foregoing and in accordance with RCW 90.48.120(2) IT IS ORDERED that the water quality standards specified in WAC 173-201A-030 (2) are modified for the period beginning October 14, 1996, and ending on October 14, 1997. Reauthorization of this modification after year one will be considered upon request. This modification is subject to the following conditions: Order#95-2-00997-R • October 14, 1996 Page3 - 7. Fishery Closure — Certain modifications to the standards are approved during the period granted above with the exception that no in-water work is authorized during the closure period specified in the Hydraulic Project Approval issued by the Department of Fish and Wildlife. 8. Water Quality Standards — This project is subject to the Washington State Water Quality Standards (173-201A WAC) for Lake Washington Lake Class waters [173- • 201A-130]. All Lake Class water quality standards shall apply to this project, except as modified within the temporary dilution zone defined below. 9. Dilution Zone — A temporary dilution zone is authorized for the construction of the project to allow for temporary exceedances of certain water quality standards. A dilution zone of 150 feet radially from the approximate center of dredging is considered to be reasonably sufficient to allow for temporary impacts. 10. The dilution zone specified above is established to allow temporary exceedances of turbidity and dissolved oxygen criteria as follows: a. Turbidity — Lake Class water quality standards for turbidity are waived only within the specified temporarydilution zone. P� b. Dissolved Oxygen — Lake Class water quality standards for dissolved oxygen are reduced only within the specified temporary dilution zone. Within the dilution zone, total dissolved oxygen shall not be caused to drop below 4.0 mg/L total DO. Other applicable water quality standards shall remain in effect in the dilution zone. All water quality standards are expected to be met outside of the dilution zone. 11. Emergency and/or Contingency Measures — If construction is found not to be in compliance with the provisions of this water quality modification, or result in conditions causing distressed or dying fish, the operator shall immediately take the following actions: a. Cease operations. b. Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or prevent further environmental damage. c. In the event of finding distressed or dying fish, the operator shall collect fish specimens and water samples in the affected area and, within the first hour of such conditions, make every effort to have the water samples analyzed for dissolved oxygen and total sulfides: The department may require such sampling and analyses before allowing the work to resume. Order #95-2-00997-R October 14, 1996 Page 4 d. Notify the department and the Corps of Engineers of the nature of the problem, any actions taken to correct the problem, and any proposed changes in operations to prevent further problems. 12. Spill Prevention and Control — a. Any discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, is prohibited. b. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters. Proper security shall be maintained to prevent vandalism c. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, containment and cleanup efforts shall begin immediately and be completed as soon as possible, taking precedence over normal work. Cleanup shall include proper disposal of any spilled material and used cleanup materials. General Conditions 13. This Order does not exempt and is provisional upon compliance with other statutes and codes administered by federal, state, and local agencies. 14. Copies of this Order shall be kept on the job site and readily available for reference by Corps of Engineers personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. 15. Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if it appears necessary to further protect the public interest. 17. ' Upon reasonable notice, the applicant shall provide access to Ecology personnel for site inspections or to ensure that conditions of this Order are being met. • 18. This Order will cease to be valid if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification. 19. This Order will cease to be valid and the applicant must reapply with an updated application if five years elapse between the date of the issuance of this certification • and the beginning of construction and/or discharge for which the federal license or permit is being sought. • Order#95-2-00997-R .. October 14, 1996 Page 5 20. This Order will cease to be valid and the applicant must reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the federal agency. Any future action at this project location, emergency or otherwise, that is not defined in the public notice, is not covered by this approval. 21. Any person who fails to-comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars per violation for each day of continuing noncompliance. Any person aggrieved by this Order may obtain review thereof by appeal. The applicant can appeal up to thirty (30)-days after receipt of this Order, and all others can appeal up to thirty (30) days from the postmarked date of this Order. The appeal must be sent to the Washington Pollution Control Hearings Board, PO Box 40903, Olympia WA 98504-0903. Concurrently, a copy of the appeal must be sent to the Department of Ecology, Enforcement Section, PO Box 47600, Olympia WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21B RCW and the rules and regulations adopted thereunder. DATED j 0 Ii vl lq (- at Olympia, Washington - Eillicki/lik-GY`1/40/11"/A1- David Bradley, Supervisor Environmental Review and Sediment Section Department of Ecology State of Washington • STATE OA • 9� ieea� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 CERHEIED MAIL October 14, 1996 Barbee Mill Company PO Box 359 Renton WA 98057 RE: Corps Section 10 and Section 404 Permits, Public Notice No. 95-2-00997 Section 401 Water Quality Certification/Modification Dear Ladies and Gentlemen: The public notice from the U.S. Army Corps of Engineers for proposed work in Lake Washington has been reviewed. On behalf of the State of Washington, we certify that the work proposed in the public notice complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended, Ecology concurs with the applicant's determination that this work is consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act This certification/modification is subject to the conditions contained in the enclosed Order. If you have any questions, please contact Tom Luster at (360) 407-6918. Written comments can be sent to him at the Department of Ecology, PO Box 47703, Olympia WA 98504-7703. The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, • 6Th vid Bradley, Supervisor Environmental Review and Sediment Section DB:mvs Enclosure cc: Mr. Michael Lloyd, Lloyd and Associates, Inc. Ms. Cindy Barger, COE Dennis Carlson, USFWS Ben Meyer, NMFS Linda Storm, EPA Larry Fisher, WDFW Mary Kautz, Ecology IN THE MATTER OF GRANTING ) ORDER#95-2-00997-R A WATER QUALITY ) CERTIFICATION/MODIFICATION TO ) Dredge 2,200 cubic yards of material per Barbee Mill Company ) year for five years, for a total of 11,000 in accordance with 33 U.S.C. 1341 ) cubic yards, in Lake Washington and at [FWPCA § 401], RCW 90.48.260 ) the mouth of May Creek, near Renton, and WAC 173-201A ) King County, Washington. TO: Barbee Mill Company PO Box 359 Renton WA 98057 • On November 14, 1995, a request for water quality certification from the State of Washington was submitted for the above-referenced project pursuant to the provisions of 33 U.S.C. 1341 (FWPCA§ 401). The request for certification was made available for public review and comment by inclusion in Corps Public Notice 95-2-00997-R No comments were received as a result of the public notice. The applicant proposes to dredge 2,200 cubic yards of material per year for five years, for a total of 11,000 cubic yards. Dredging will occur in two locations: an averate 2,000 cubic yards annually from the mouth of May Creek, and 200 cubic yards annual from the log boom storage area in Lake Washington. Dredged material will be disposed of at an appropriate upland location on Barbee Mill Company land. The proposal is located at Renton, King County, Washington. Approvals/Permits: The Department of Fish and Wildlife issued the Hydraulic Project Approval (#95-20997-03) on November 28, 1995. The City of Renton issued an exemption to the shoreline substantial development permit (LUA-93-066) on May 20, 1994, and the SEPA determination of nonsignificance on May 18, 1994. AUTHORITIES In exercising authority under 33 U.S.C. 1341 and RCW 90.48.260, Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 302, 303, 306, and 307), 2. Conformance with the state water quality standards as provided for in Chapter 173- 201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law, and 3. Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. II Order #95-2-00997-R October 14, 1996 Page 2 SECTION 401 WATER QUALITY CERTIFICATION In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter 173-201A WAC, certification is granted to Barbee Mill Company (applicant) subject to the following conditions: Dredging and Disposal Conditions 1. The applicant shall comply with all conditions of the Hydraulic Approval Y Project (#95- 2-997-03) issued by the Department of Fish and Wildlife. 2. When operating equipment near Lake Washington, May Creek, and other waters of the state, extreme care shall be taken to prevent any petroleum products, chemicals, or other toxic or deleterious materials from entering the water. If an oil sheen is observed in the project vicinity, the operator shall cease immediately and notify Ecology of such conditions. Contact Ecology's Northwest Regional Spill Response Office at (206) 649-7000. 3. Dredging to be conducted using a clamshell dredge shall be done in a manner which minimizes the amount of water retained in the bucket, including holding the bucket just above the surface of the water for a brief period to allow excess water to escape. 4. All floating debris shall be recovered and disposed at an appropriate upland location. 5. Sediment disposed upland shall be contained using a protective berm of suitable material, such as concrete blocks, wood planks, etc., to reduce suspended sediments and excess turbidity, and prevent the return flow of turbid water into waters of the state. 6. The applicant shall contact Tom Luster at (360) 407-6918 seven days prior to dredging. If you reach the recorded message, please leave your name, telephone number, Corps reference number, and the date construction will start. SHORT-TERM MODIFICATION TO WATER QUALITY STANDARDS In view of the foregoing and in accordance with RCW 90.48.120(2) IT IS ORDERED that the water quality standards specified in WAC 173-201A-030 (2) are modified for the period beginning October 14, 1996, and ending on October 14, 1997. Reauthorization of this modification after year one will be considered upon request. This modification is subject to the following conditions: Order #95-2-00997-R October 14, 1996 Page 3 7. Fishery Closure -- Certain modifications to the standards are approved during the period granted above with the exception that no in-water work is authorized during the closure period specified in the Hydraulic Project Approval issued by the Department of Fish and Wildlife. 8. Water Quality Standards — This project is subject to the Washington State Water Quality Standards (173-201A WAC) for Lake Washington Lake Class waters [173- 201A-130]. All Lake Class water quality standards shall apply to this project, except li as modified within the temporary dilution zone defined below. 9. Dilution Zone — A temporary dilution zone is authorized for the construction of the project to allow for temporary exceedances of certain water quality standards. A dilution zone of 150 feet radially from the approximate center of dredging is considered to be reasonably sufficient to allow for temporary impacts. 10. The dilution zone specified above is established to allow temporary exceedances of turbidity and dissolved oxygen criteria as follows: a. Turbidity -- Lake Class water quality standards for turbidity are waived only within the specified temporary dilution zone. b. Dissolved Oxygen — Lake Class water quality standards for dissolved oxygen are reduced only within the specified temporary dilution zone. Within the dilution zone, total dissolved oxygen shall not be caused to drop below 4.0 mg/L total DO. Other applicable water quality standards shall remain in effect in the dilution zone. All water quality standards are expected to be met outside of the dilution zone. 11. Emergency and/or Contingency Measures — If construction is found not to be in compliance with the provisions of this water quality modification, or result in conditions causing distressed or dying fish, the operator shall immediately take the following actions: a Cease operations. b. Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or prevent further environmental damage. c. In the event of finding distressed or dying fish, the operator shall collect fish specimens and water samples in the affected area and, within the first hour of such conditions. make every effort to have the water samples analyzed for dissolved oxygen and total sulfides. The department may require such sampling and analyses before allowing the work to resume. Order#95-2-00997-R 997 R October 14, 1996 Page 4 d. Notify the department and the Corps of Engineers of the nature of the problem any actions taken to correct the problem, and any proposed changes in operations to prevent further problems. 12. Spill Prevention and Control — a. Any discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, is prohibited. b. Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters. Proper security shall be maintained to prevent vandalism. c. In the event of a discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, containment and cleanup efforts shall begin immediately and be completed as soon as possible, taking precedence over normal work. Cleanup shall include proper disposal of any spilled material and used cleanup materials. General Conditions 13. This Order does not exempt and is provisional upon compliance with other statutes and codes administered by federal, state, and local agencies. 14. Copies of this Order shall be kept on the job site and readily available for reference by Corps of Engineers personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. 15. Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if it appears necessary to further protect the public interest. 17. Upon reasonable notice, the applicant shall provide access to Ecology personnel for site.inspections or to ensure that conditions of this Order are being met. 18. This Order will cease to be valid if the project is constructed and/or operated in a manner not consistent with the project description contained in the Public Notice for certification. 19. This Order will cease to be valid and theapplicant must reapply with an updated DPP Y P� application if five years elapse between the date of the issuance of this certification and the beginning of construction and/or discharge for which the federal license or permit is being sought. Order #95-2-00997-R October 14, 1996 Page 5 20. This Order will cease to be valid and the applicant must reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the federal agency. Any future action at this project location. emergence or otherwise, that is not defined in the public notice, is not covered by this approval. 21. Any person who fails to comply with any provision of this Order shall be liable for a penalty of up to ten thousand dollars per violation for each day of continuing noncompliance. Any person aggrieved by this Order may obtain review thereof by appeal. The applicant can appeal up to thirty (30) days after receipt of this Order, and all others can appeal up to thirty (30) days from the postmarked date of this Order. The appeal must be sent to the Washington Pollution Control Hearings Board, PO Box 40903, Olympia WA 98504-0903. Concurrently, a copy of the appeal must be sent to the Department of Ecology, Enforcement Section, PO Box 47600, Olympia WA 98504-7600. These procedures are consistent with the provisions of Chapter 43.21 B RCW and the rules and regulations adopted thereunder. DATED j 0 Ii L1 /'7 (.-P at Olympia, Washington David Bradley, Supervisor Environmental Review and Sediment Section Department of Ecology State of Washington e,,.1-4 - HYDRAULIC PROJECT �/ : APPROVAL kR.C.W. 75 .20 . 100 DEPGeneral Administration TMENT OF FISHERIES %..:000 R.C.W. 7 5.2 0. 10 3 Olympia, Washington 98504 DEPARTMENT OF FISHERIES n November 28, 1995 (206) 753-6650 (applicant should refer to this date in all correspondence) PAGE 1 OF 2 PAGES 10 LAST NAME FIRST 18 CONTACT PHONE(S) 1 CONTROL NUMBER Barbee Mill Company (206) 888-1905 95-20997-03 19 STREET OR RURAL ROUTE g 9 WRIA c/o Lloyd and Assoc, Inc; 38210 SE 92nd St 7❑ 08.LKWA CITY STATE ZIP 14 17 Snoqualmie WA 98065 21�lATER TRIBUTARY TO 11 TYPE OF PROJECT Lake Washington Ship Canal Maintenance 13 UARTER SECTION TOWNSHIP RANGE(E-W) COUNTY SECTION 32 24N 05E King Dredging TIME LIMITATIONS: 0 THIS PROJECT MAY BEGIN ©AND MUST BE COMPLETED BY Immediately November 2 , 2000 THIS APPROVAL IS TO BE AVAILABLE ON THE JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THE PERMITTEE AND OPERATOR PERFORMING THE WORK. SEE IMPORTANT GENERAL PROVISIONS ON RFVBRSE SIDE OF APPROVAL, NOTE: This Hydraulic Project Approval (HPA) is a modification of the original HPA issued on November 7, 1995. It is in response to an erratum in the Army Corps of Engineers Public Notice received on November 16, 1995, and it supersedes the previous HPA for this project. 1. Work shall be accomplished per plans and specifications entitled, "Proposed Maintenance Dredging/Shoreline Relocation, " revised November 3 1995, and submitted to Washington Department of Fish and Wildlife (*DFW) , except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. A copy of these plans shall be available on site during construction. 2 . Dredgin shall not occur between April 16 d July 15 of a calendar year wit an hin the above overall time limitations. 3. A boom or similar device shall be required to contain floatable materials. 4. A maximum of 2 000 cubic yards of lakebed material and 200 cubic yards of bark debris are approved to be dredged annually. Dredged streambed or lakebed material shall be disposed of at approved in- water disposal sites or upland so it will not reenter state waters. • SEPA: DNS by City of Renton, July 11, 1994 REGIONAL HABITAT MANAGER - Larry Fisher (206) 392-9159 PATROL - Nicks 193 [P2] APPLICANT - WILDLIFE - READER - PATROL - HAB. MGR. - WRIA IDEPARTMENT OF FISHERIES � c DIRECTOR 1 HYDRAULIC PROJECT APPROVAL It R.C.W. 75 .20 . 100 DEPARTMENT OF FISHERIES �`" General Administration Bldg. R.C.W. 75.20 . 103 Olympia, Washington 98504 DEPARTMENT OF FISHERIES n November 28, 1995 (206) 753-6650 (applicant should refer to this date in all correspondence) PAGE:2..0F 2 PAGES MUST NAME 18 CONTACT PHONE(S) CONTROL NUMBER Barbee Mill Company — (206) 888-1905 95-20997-03 12 WATERLake Washington 9❑WR1A 08.LKWA 5. All work operations shall be conducted in a manner that causes little or no siltation to adjacent areas. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs1 or water quality problems develop (including equipment leaks or spills) , operations shall cease and WDFW at (360) 534-8233 , and Washington Department of Ecology at (206) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 6. Dredging shall be conducted with a dragline or a clamshell. The dragline or clamshell shall be operated to minimize turbidity. During excavation, each pass with the clamshell or dragline bucket shall be complete. Dredged material shall not be stockpiled waterward of the ordinary high water line (OHWL) . 7. Upon completion of the dredging, the streambed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 8 . Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. Within seven calendar days of project completion all disturbed areas shall be protected from erosion using vegetation or other means. Within one year of project completion, the banks shall be revegetated with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center and maintained as necessary for three years to ensure 80 percen survival. 9. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the stream or lake. 10. Dredging shall be accomplished by starting at the upstream end of the project boundary and working downstream. 11. Dredging shall be limited to deepening of the streambed. Banks shall not be disturbed. 12. Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments4 sediment-laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the stream or lake. LOCATION: 4101 Lake Washington Boulevard North, Renton, Washington. bk c: WDOE, Permit Coordination Unit REV 10/16/88 THIS AP_ _.JVAL IS TO BE AVAILABLE ON lrtr. JOB SITE AT ALL TIMES AND ITS PROVISIONS FOLLOWED BY THZ, PERMITTEE AND OPERATOR PERFORMING THE WORK THE PERSON(S) TO WHOM THIS APPROVAL IS ISSUED MAY BE HELD LIABLE FOR ANY ..OSS OR DAMAGE TO FISHLIFE OIt FISH HABITAT WHICH RESULTS FROM FAILURE TO COMPLY WITH THE PROVISIONS OF THIS APPROVAL. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS APPROVAL COULD RESULT IN A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS PER DAY OR A GROSS MISDEMEANOR CHARGE, POSSIBLY PUNISHABLE BY FINE OR IMPRISONMENT. ALL HYDRAULIC PROJECT APPROVALS ISSUED PURSUANT TO RCW 75.20.100 ARE SUBJECT TO ADDITIONAL RESTRICTIONS, CONDITIONS, OR REVOCATION IF THE DEPARTMENT OF FISHERIES OR DEPARTMENT OF WILDLIFE DETERMINE THAT NEW BIOLOGICAL OR PHYSICAL INFORMATION INDICATES THE NEED FOR SUCH ACTION. THE PERMITTEE HAS THE RIGHT PURSUANT TO CHAPTER 34.04 RCW TO APPEAL SUCH DECISIONS. ALL HYDRAULIC PROJECT APPROVALS ISSUED PURSUANT TO RCW 75.20.103 MAY BE MODIFIED BY THE DEPARTMENT OF FISHERIES OR DEPARTMENT OF WILDLIFE DUE TO CHANGED CONDITIONS AFTER CONSULTATION WITH THE PERMITTEE: PROVIDED HOWEVER, THAT SUCH MODIFICATIONS SHALL BE SUBJECT TO APPEAL TO THE HYDRAULIC APPEALS BOARD ESTABLISHED IN RCW 75.20.130. THIS APPROVAL PERTAINS ONLY TO THE PROVISIONS OF THE FISHERIES AND WILDLIFE CODES. ADDITIONAL AUTHORIZATION FROM OTHER PUBLIC AGENCIES MAY BE NECESSARY FOR THIS PROJECT. • APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL DENIAL OR CONDITIONS OP AN H PA, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS: • AN INFORMAL APPEAL (WAC 220.110-340) CONSISTS OF CONTACTING THE REGIONAL HABITAT MANAGER AND DISCUSSING YOUR CONCF.RNS. MOST PROBLEMS ARE RESOLVED AT THIS LEVEL, BUT IF NOT, YOU MAY ELEVATE YOUR CONCERNS TO THE CHIEF OF THE HABITAT MANAGEMENT DIVISION IN OI.YMPIA. THE HABITAT MANAGEMENT DIVISION CHIEF'S DECISION SHALL BE APPROVED OR DISAPPROVED BY THE DIRECTOR OR DESIGNEE. IF YOU ARE NOT SATISFIED WITH THE RESULTS OF THIS INFORMAL APPEAL, A FORMAL APPEAL MAY BE FILED. B. FORMAL APPEALS: 1) FOR ALL CIVIL PENALTY APPEALS AND FOR OTHER H PA APPEALS WHICH ARE NOT ASSOCIATED WITH IRRIGATION OR STOCK-WATERING DIVERSIONS, A WRITTEN APPEAL REQUEST MUST BE FILED WITH THE DEPARTMENT THAT ISSUED OR DENIED THE APPROVAL OR LEVIED THE CIVIL PENALTY YOU ARE APPEALING (WAC 220.110-350). 2) FOR APPEALS OF DENIAL OR CONDITIONS OF AN H PA ASSOCIATED WITH IRRIGATION OR STOCK- •WATERING DIVERSIONS OTHER THAN CIVIL PENALTY APPEALS, A WRITTEN APPEAL REQUEST MUST BE FILED WITH THE HYDRAULIC APPEALS BOARD PER WAC 259-04. THE MAILING ADDRESS OF THE APPEALS BOARD IS: ENVIRONMENTAL HEARINGS OFFICE, BUILDING TWO -ROWE SIX, LACEY, WASHINGTON 98504; TELEPHONE 206/459-6327. 3) FAILURE TO APPEAL WITHIN 30 DAYS OF THE DATE OF ACTION YOU ARE APPEALING RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. City of Renton Special Pei 1.iit for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Attachment 3 Sediment Testing Summary Following is a copy of the Sediment Testing Data collected in successive dredging effort conducted by Barbee Mill Company. Page 36 of 37 Renton Permit Application August 1997.DOC Lloyd & Associates, Inc. • JJ&AJ38210 SE 92nd Street, Snoqualmie, Washington 98065 206-888-1905 April 28, 1997 11,,.SAMPLING MEMORANDA • •To: Robert Cugini From: Michael Lloy • ,i Subject: Barbee Mill Sediment Sampling • This memorandum summarizes sediment and water quality samples collected during dredging operations at Barbee Mill on April 3-4, 1997. All samples were analyzed by Laucks Testing Laboratories (Seattle, Washington). Test results are summarized in 'Table 1 Attached are also historical sediment testing results from sampling conducted in 1989 by CH2N11-ii11 (Table 2); and testing results conducted by the Department of Ecology in 1990 (Table 3). As indicated in the attached tables, sediment composition from 1997 compares very favorably to previous test results. Previous sediment testing results have been provided to Ecology , EPA City of Renton, Fisheries, Corps of Engineers, and Barbee Mill. Sediment Sampling Procedure. Sediment samples were collected with a clean stainless steel scoop. Composite samples were prepared by mixing approximately equal sediment portions in a stainless steel bowl Except for sediments obtained up-gradient from the lower bridge, all sediment .samples \\'erg obtained from materials dredged during dredging operations. A clean scoop was used for eae sampling station. Samples were delivered to the laboratory on the same day under chain of custody. Water Sampling Procedure. Water samples were collected directly from May Creek or Lake Washington by lowering a clean container below the surface. Samples were delivered to the laboratory on the same day under chain of custody. . Sediment Sampling Locations. • ,rr P g • SD4497-1: Lower May Creek bridge at sand bar. This sample was obtained from a small sand bar that existed just a few feet up-strean, from the lower bridge. A grab sample was obtained at approximately 0-4" depth from the surface at the edge of the water. The material which had accreted at the sand bar was very typical of all materials dredged except that large rocks or gravels were not present. 'The sediment was medium to coarse sand with very little silt present. • SD4497-2: Upland Temporary Storage Area. Sampling Memoranda to Robert .ini April 28, 1997 _ . This sample was composited from five grab samples at depths down to 6" transecting the upland storage area from west to east at approximately 10 feet intervals. Samples from the upland storage area represent a broad mix of sediments from the May Creek Delta. This sample would be fairly typical of materials to be hauled off-site. • SD4497-3: Dredge Spoil Storage Area This sample was composited from five grab samples at depths down to 6" transecting the dredge storage area immediately adjacent to the May Creek Delta extending north and south at approximately 10 feet intervals. Samples from the dredge storage area represent broad mix of sediments from the May Creek Delta recently dredged at depths of approximately 8 - 10' below OHWL. This composite sample would be fairly typical of materials dredged from the May Creek Delta. Water Sampling Locations. • WQ4497-1: Lower May Creek bridge near the sand bar. • WQ4497-2: May Creek delta near active dredge operations . • WQ4497-3: Lake Washington directly behind barge. ... . g:- aResults. . The results of recent sampling are provided in Table 1 - Sampling 1997. Reported results for WTPH and PAH in sediments were lower than previously reported by CH2M1-iill even though previous results were not reported on a dry basis. Total solids varied from 77.5°X _, (recently dredged) to 93.4% (upland dewatered sediments). Water quality testing indicated that turbidity up-gradient from the dredge was approximately the same as turbidity down-gradient of the dredge (2.1 and 2.6 NTU, respectively). Turbidity at the active dredge area was slightly' higher as would be expected (7.4 NTU). These results are well below turbidity requirements established in dredge permit requirements at the edge of the dilution zone. Dissolved oxygen results (Table 1) were relatively consistent throughout the May Creek Delta dredge area. Dissolved oxygen was not detected below the 5.0 mg/L compliance requirement at any sampling station. Discussion of Results Results reported here are indicative of compliance with water quality requirements , established in permit documents. At no time was excess turbidity observed. There was no evidence of fish stress or kill. High turbidity was observed during a significant storm event during the first few days of dredging. Excess turbidity, as might be caused by dredging activity, was not observed. A silt fence was installed behind and down-gradient trum inc. dredge. No water quality violations were observed at any time during the approximate ; eer. dredging window. Dredging was concluded on April 14, 1997. 1 Sediments removed from the mouth of May Creek are very comparable to sediments dredged previously. These dredged sediments rapidly dewater and consist predominately of medium to coarse sands with occasional gravels or rocks. Dredged sediments would be acceptable for upland uses or fill. Attachments: Tables 1, 2, & 3. Sediment-WQ Sampling 1997 Page 2 7 Table 1 -Sediment Sampling-1997 Lloyd &Associates, Inc. • r • Sample Sample Description Total WTPH Total PAH Station Location Solids (%) (mg/Kg-dry) (mg/Kg-dry) SD4497-1 Lower May Creek bridge at sand bar 80.7 24 u 0.039 ' SD4497-2 Sediment sample collected from on-site upland sediment 93.4 21 u 0,059 storage area. Sample composited from 5 grab samples. SD4497-3 Recently excavated sediments from May Creek dredge 77.5 32 0.485 storage area at Barbee Mill. Sample composited from 5 grab samples. Water Quality!Tubbldlty-1997 Lloyd &Associates, Inc. Sample Sample Description Turbidity Station Location (NTU) WQ4497-1 'Grab near lower May Creek bridge at sand bar '2.1 WQ4497-2 May Creek Delta just in front and up-gradient of active 7.4 dredge area. Grab sample WQ4497-3 May Creek Delta immediately behind and down-gradient 2.6 from dredge barge. Grab Sample. Water Quality/Dissolved Oxygen -1997 • Lloyd &Associates, Inc. Sample Sample Description Temp. Dissolved Station Location (deg. C) Oxygen (%) ' WQ4397-1 150' N of northern vehicle bridge over May Creek 9.8 7.94 WQ4397-2 Mid-stream at upper vehicle bridge across May Creek 9.5 8.2 WQ4397-3 Mid-stream at lower vehicle bridge across May Creek 9.5 7.94 WQ4397-4 Lake Washington/May Creek Delta just in front of dredge 8.8 6.78 WQ4397-5 Lake Wash. -west point of recent shoreline relocation 9.1 7.43 WQ4397-6 Lake Wash. -west point at log boom at 0-6" depth 8.1 7.01 Lake Wash. -west point at log boom at 1' depth 8.5 6.7 Lake Wash. -west point at log boom at 4' depth 8.5 7.1 WQ4397-7 May Creek Delta 30' NE of dredge at of 6' depth 9.6 6.11 WQ4397-8 Lake Wash. -adjacent to dredge on north at 4' depth 9.5 6.17 WQ4397-9 Lake Wash. at Barbee Dock at 1' depth 8.3 7.71 Lake Wash. at Barbee Dock at 4' depth 8.2 8.03 Page 1 of 1 Table 2 -Sediment Sampling-1989 N. CH2MHill May Creek Total EP Toxicity Total Sample Grain Size (b) TOC (c) Sulfide (d) TPH(e) Metals(mg/L) (t) PAH(g) TOX(h) Station (a) % Gravel % Sand % Silt (%) (mg/Kg) (mg/Kg) Lead Nickel Zinc (mg/Kg) (mg/Kg) BM 1-2 5.5 84.76 9.75 0.79 3.01 87.4 0.1 ND 0.2 0.36 <25 BM 3-4 16.75 73:44 9.85 0.92 6.25 42.5 0.14 0.5 0.1 0.69 <13 BM 5-6 1.35 83.9 14.7 1.15 4.66 65 0.1 ND 0.09 0.4 25 I , Notes: ND = not detected in sample at or below method detection limit. J = estimated concentration, not quantifiable, concentration below method detection limit. (a) Samples are a composite from two stations. For example: BM 1-2 is a composite from samples taken at Stations BM-1 and BM-2. (b) Grain size determined using Tyler screen methodology: ASTM D0422. (c) Method: EPA/CDE 3-393. Results reported on dry weight basis. (d) Method: EPA SW846 9010. Results reported on wet weight basis. (e) Method: EPA 418.1. Results reported on a wet basis. (f) Method: EPA/SW846 All other metals were not detected (ND). Metals analyzed included: As, Se, Ba, Cd, Pb, Cr, Ag, Hg, Cu, Ni, Zn. (g) Method: EPA 8310. Results reported on a wet basis. , (h) Method: WAC 173-303-110 (3) (a)(v). sediment-. , ,1.)ling-Ecology Table 3-Sediment Sampling -1990 Department of Ecology May Creek Volatile Semi- Total Metals (g) Sample Sample Matrix Organics(d)•Volatiles(e) PCBs(f) (sediments: mg/Kg;water: ug/L) Station (a) Number(b) (c) (ug/Kg) (ug/Kg) (ug/Kg) As Hg Be Cr Pb Ni Zn • BM 1-1/BM 1-2 317490 Sediment ND ND (e)(1) ND 1.75 0.02 ND 24.5 6.7 J 18.7 39.1 BM 2-1/BM 2-2 317491 Sediment ND ND (e)(1) ND 2.09 0.03 ND 19.1 9.8 J 20.1 41.1 BM 3-1/BM 3-2 317492 Sediment ND ND (e)(1) ND 1.65 0.02 ND 16.8 5.5 J 15.4 41.0 BM 4-1/BM 4-2 317493 Sediment ND ND (e)(1) ND 1.67 0.02 ND 16.8 6.0 J , 18.0 39.2 I BM 5-1/BM 5-2 317494 Sediment ND ND (e)(1) ND 2.02 0.02 ND 19.0 8.7 J 19.8 45.6 ° BM 6-1(a)(1) 317495 Sediment ND ND (e)(1) ND 2.11 0.03 1.2 J 19.2 8.6 J 20.1 42.5 BM-7 317496 Water ND (d)(1) ND (e)(1) ND ND ND ND ND ND ND ND Notes: ND = not detected in sample at/or below method detection limit. Detection limits meet or exceed sediment quality criteria. J= estimated concentration, not quantifiable, concentration below method detection limit. (a) Samples are a composite from two samples depths at a single station. Sample 6-1 not analyzed as a composite. (1) Sample believed collected in the log boom area. Exact location not in DOE file. (b) Sample numbers assigned by the Department of Ecology. (d) GCMS-CLP methodology for volatile organics. (1) methylene chloride detected at 56 ug/L. (e) GCMS-CLP methodology for semi-volatile organics. (1) Several PAH compound and substituted phenols detected below method detection limit. All data qualified as estimated, "J". (f) GCMS-CLP methodology for PCBs. (g) GCMS-CLP methodology for total metals. Sb. Se, Th, Be, Ag not detected in any sample. All Cadmium (Cd) and Copper(Cu) results qualified because of blank contamination. Page 1 • City of Renton Special Pe....it for Grading and Filling Barbee Mill Maintenance Dredging - 1997 Master Application Attachment 4 May Creek Revegetation Plan Following is a copy of the may Creek Revegetation Plan from the previous grade and fill permit (City of Renton, 7/94). Page 37 of 37 Renton Permit Application August 1997.DOC May Creek Corridor Revegetation Plan Prepared by Lloyd & Associates, Inc. 38210 SE 92nd Street Snoqualmie, Washington 98065 206-888-1905 March 10, 1994 May Creek Stream Corridor Revegetation Plan March 10, 1994 Page 2 of 8 Table of Contents Revegetation Plan Summary • 1.0 May Creek Vegetation Reconnaissance 2.0 May Creek Revegetation Goals and Objectives 3.0 May Creek Corridor Revegetation Tables/Figures Figure 1 -Site Map Figure 2- May Creek Corridor Figure 3 - Zone A: Lake Washington Shoreline Adjacent to Dredge Area Figure 4 - Zone B: May Creek from the Lower Bridge to Upper Bridge Figure 5 - Zone C: Western Bank of May Creek from Upper Bridge to Burlington Northern Right of Way Figure 6-Zone D: Eastern Bank of May Creek from Upper Bridge to Burlington Northern Right of Way 92OO6 BBSPRM.DOCIV13J93 May Creek Stream Corridor Revegetation Plan March 10, 1994 Page 3 of 8 REVEGETATION/ENHANCEMENT PLAN SUMMARY This plan is prepared for the May Creek corridor revegetation and stream enhancement, where May Creek crosses the Barbee Mill Company property in Renton, Washington (see (figures 1 and 2, Site Map and May CreekrCorridor, respectively). This stream corridor revegetation and enhancement plan is prepared as a mitigation measure in lieu of potential penalties under an Enforcement Order (Docket No. 93-SH-215) for shoreline violations, and as a bank stabilization and revegetation measure for shoreline relocation activities to be conducted under a dredge permit to be issued by the City of Renton (see Maintenance Dredging and Enforcement Order Reconciliation Proposal, 1/16/94). An initial reconnaissance was conducted by Lloyd & Associates, Inc. in cooperation with King Conservation District personnel. This review identified several areas of special concern and assisted in the development of goals and objectives for preparing this plan. Results of the reconnaissance arc discussed in Section 1.0, which follows. Section 2.0 of this proposal provides a summary of objectives concerns for the May Creek corridor revegetation. Section 3.0 provides details of revegetation planning for the stream corridor and shoreline relocation, respectively. In major part, revegetation will utilize native shrubs and bushes as may typically he obtained from the U.S. Department of Agriculture, Soil Conservation Service, Plant Materials Group. This revegetation plan follows guidelines provided by Larry Fisher, Washington Department of Fisheries. This plan also incorporates recommendations of the Soil { Conservation Service,Department of Fisheries,and the King Conservation District. I : • • 920061BBSTRM.DOC12/15/93 ..,Ay 1.1cctt stream t..ornaor Kevegetation Plan March 10, 1994 Page 4 of 8 1.0 MAY CREEK RECONNAISSANCE Prior to the preparation of this revegetation plan, Lloyd & Associates and King Conservation District personnel conducted an initial reconnaissance of the May Creek corridor as it passes through the Barbee Mill Company property. This reconnaissance was conducted January 6, 1994. • Vegetation. The majority of the May Creek corridor is currently planted in grass and is currently maintained by Barbee Mill Company personnel. In those portions of the steam bed which are frequently submerged, rushes predominate. Upstream past the upper bridge extending to the Burlington Northern Right of Way, the western bank has been maintained by Barbee Mill Company while the eastern bank has been allowed to grow. Red Alders approximately 20 - 30 feet tall line the eastern bank and provide shading to the stream during warmer months. The undergrowth in this area is largely blackberry thickets. Overhead power lines require that the alders be periodically topped. Soil Conditions. Sandy/gravelly soils predominate throughout the May Creek corridor. The percentage of silt and loam tends to increase with elevation above the waterline. Plantings adjacent to the creek will be frequently submerged while drier conditions predominate only short distances from the creek. Bank Stabilization. Portions of the bank have been rocked with 2 -3 foot diameter rocks in an attempt to dissipate stream flow energy and to decrease bank erosion. To a limited extent these rockeries have been successful although the bank behind the rocks is beginning to erode. This problem is particularly evident at the major turn in the creek (almost 90 degrees) near the Burlington Northern right-of-way in the most northern stretch of May • Creek. A downed alder was lodged in the creek just above the afore-mentioned turn (sec Figure 1). Intensive plantings of willows in rockeries lining the creek are suggested. Fauna. On the date of our visit the creek was clear and water levels relatively low. Several species of ducks were present. Canadian geese typically frequent lower stretches of May Creek. Salmon are known to travel up May Creek. Major problems identified: • Bank stabilization with rock and grass only throughout most of the corridor • Shoreline erosion adjacent to existing dredge mounds • Shading in lower stretches of May Creek • • 92006113BSTRM.DOC12/13J93 May Creek Stream Co- nr Revegetation Plan March 10, 1994 Page S of 8 • 2.0 MAY CREEK REVEGETATION OBJECTIVES The primary objective of this revegetation plan is to enhance the May Creek corridor passing through the Barbee Mill Company. Revegetation of the corridor should help stabilize stream banks and minimize erosion by holding surface soils of the hanks in place Shoreline vegetation should also provide shading for stream temperature moderation, as well as, improved habitat for fish, birds, mammals and other wildlife. Although shoreline vegetation will also slow the velocity of runoff and help increase the soil's capacity to absorb water locally, revegetation in the May Creek corridor will not substantially decrease flow in the stream during major storm events. Special considerations affecting plan development include the following: Public Viewsheds. Public viewsheds and potential future site development dictate that we utilize short to medium height native plantings such that public viewsheds arc maintained and that maintenance landscaping activities are minimal. Current Land Use. Current land use at the Barbee Mill Company facility is consistent with local zoning (heavy industrial). This limitation most impacts the western shoreline of May Creek where buffer space is limited for shoreline revegetation. However, appropriate plantings at widths from 6 - 15 feet should be possible in most reaches of May Creek. Current use also dictates that plantings should be mindful of the potential for the spread of fire. This is particularly true on the western bank of May Creek adjacent to the lumber mill. • Future Site Development. There is a relatively high probability that future use of the site will include a planned unit development <PUD) for commercial/residential uses. Revegetation of May Creek is not deemed incompatible with potential future uses so long as most plantings in the lower reaches are low to medium height and provide an attractive amendment to the site for the present and future. As identified during the site reconnaissance, several problem areas were noted for special attention; these include: (1) areas where the stream hank is stabilized with rock and gran only; (2) hank stabilization in the dredge area where sands and gravels have eroded from dredge mounds; and (3)general shading in lower stretches of May Creek. 920o6613aSTRM.Doc1vLsd93 _ 1 • May Creek Stream Cc )r Revegetation Plan March 10, 1994 Page 6of8 3.0 MAY CREEK CORRIDOR REVEGETATION The May Creek corridor has been divided into four basic zones. Zone A consits of the dredge area adjacent to the Lake Washington Shoreline. Zone A is characterized by low plantings of native shrubs and willows. Zone B is a relatively narrow corridor extending from the lower bridge to the upper bridge. The width of the corridor is limited by pavement on both the western and eastern banks above the stream channel. The eastern hank is generally higher in elevation than the western bank and will support more extensive plantings than the western bank (see Zone B - Typical Planting Detail). Zone B is characterized by low plantings of native shrubs and willows. Zone C consists of the western bank of May Creek from the upper bridge to the Burlington Northern right-of-way. This is a relatively narrow area similar to Zone B except that taller plantings are more appropriate because of the limited impact on public viewsheds. Zone D consists of the eastern hank from the upper bridge to the Burlington Northern right-of-way. This area is also amenahle to taller plantings although more aggressive maintenance will be required to allow native plants to establish because of existing blackberry thickets. As in 'Zone D vegetation matures, existing red alders will eventually be removed so that shading is maintained along this stretch of May Creek. Zone A-Lake Washington Shoreline Adjacent to Dredge Area Subsequent to the removal of dredged sediments, the storage area berms will he revegetated with native plants and low shrubs to enhance shoreline viewscapes, and to stabilize the shoreline. The shoreline will be maintained at the 1985 contour throughout this and subsequent dredging permit cycles in keeping with enforcement order requirements. The dredge spoil storage area is identified as Zone A in Figure 2. Zone A includes the shoreline adjacent to May Creek in the dredge area. Zone A will be characterized by low plantings of native shrubs and willows at the shoreline above the Ordinary High Water Line (OHWL) and extending inland 'on the north side of the channel to provide cover for the storage berm. The interior of the storage berm will he seeded with native grasses during years when no dredging activity is conducted. A typical cross-section is shown in the Figure, Zone A -Typical Planting Detail. Hooker and Erect willows will be planted at the shoreline adjacent to the May Creek dredge area, grading to Red-Osier Dogwood, and Mock Orange plantings to the top of the bermed storage area to be constructed for receiving dredge spoils. At maximum height, plantings will reach approximately 15 - 20 feet. above OHWL. The southern thumb area, adjacent to the boathouse, will also include vine maple plantings in the interior portions of the smaller peninsula (not shown in the typical planting detail for Zone A). 9200 BBSTRM.Doc12/15 93 • May Creek Stream G or Revegetation Plan March 10, 1994 Page 7 of 8 • Zone A has an area of approximately 14,500 sq. ft (ignoring the storage area to he planted in native grasses). Table 1 provides a summary of type and approximate number of plants. Zone B- Lower Bridge to Upper Bridge Hooker and Erect willows will be planted at the'waterline, grading to Red-Osier Dogwood, and Mock Orange plantings to the top of the bank (see figure for Zone B). Service herry and Snobberry plantings will he intermingled to increase diversity of plantings. Red Flowering Current will he planted at the top of the eastern bank along with an occasional Vine Maple. At maximum height, plantings will reach approximately 25 - 3() feet above the stream bed. Where bank erosion is observed, more intensive plantings of willows are planned. In particularly, annular spaces in rockeries will also receive intensive plantings of Hooker and Erect willows. The area to be revegetated is approximately 12,000 square feet. Table 1 provides a summary of type and approximate number of plants. Zone C-Western Bank from Upper Bridge to Burlington Northern Right-of Way Zone C is also a narrow strip adjacent to the mill. This area is similar to Zone B although taller plantings are anticipated (see figure for Zone C). Hooker, Erect and Sitka willows will be planted at the waterline, grading to Red-Osier Dogwood, and Mock Orange plantings to the top of the bank. Serviceberry or Blue Elderberry plantings will he intermingled to increase diversity of plantings. Red Flowering Current will he planted at the top of the western bank along with an occasional Vine Maple. At maximum height, plantings will reach approximately 25 - 30 feet above the stream bed. Where hank croon is observed, more intensive plantings of willows are planned. In particularly, annular spaces in rockeries will also receive intensive plantings of Hooker and Erect willows. Because of the constrained turn in May Creek near the BN right-of way, it may be necessary to place rock to provide temporary protection to plantings until they are established. The area to be revegetated is approximately 10,000 sq. ft. Table 1 provides a summary of type and approximate number of plants. Zone D - Eastern Bank from Upper Bridge to Burlington Northern Right-of Way Zone D is a wider portion of the May Creek corridor. This area is similar to Zone C except that taller plantings are anticipated (see figure for Zone D). Hooker, Erect and Sitka willows will be planted at the waterline, grading to Red-Osier Dogwood, and Mock Orange 9200618BSTRM.D0C11115193 May Creek Stream Co-4-'1r Revegetation Plan March 10, 1994 Page 8 of 8 plantings' to the top of the bank. Serviceberry or Blue Elderbery plantings will he intermingled to increase diversity of plantings. Red Flowering Current will he planted at the top of the eastern bank along with an occasional Vine Maple grading to Paperhirch ani Western Red Cedar stands. At maximum height, plantings will reach approximately 5U 100 feet above the stream bed. Where bank erosion is observed, more intensive plantings of willows are planned. The area to be revegetated is approximately 16,000 sq. ft. Table 1 provides a summaryof type and approximate number of plants. • • • • • • • • 92OO61BBSTRM.D0C12/15/93 ...an tt.d1 JQ_S Table 1 -Planting Summary Zone A= 14,500 sq. . Zone B= 12,000 sq.ft. Zone C= 10,000 sq.ft. Zone D= 16.000 sqh.' !Totals —- ft Plant Species Flint All zones) Area Ar Density Quantity Area Density Quantity Area Density Quantity Area Density I Quantity - (sq.ft.)_(sgift.) __ (sq.ft.).(sq�•). (sq.ft.) t(s9 •). • (sqh-).(sq�-). Willows Erect 1000 4 250 1000 4 250 500 Hooker 1000 4 250 1000 4 250 1000 4 250 2000 4 500 1250 Sitka 1000 4 250 2000 4 500 750 Red-Osier Dogwood 6000 16 375 3500 16 219 2250 16 141 2500 16 156 891 Mock Orange 6000 16 375 3500 16 219 2250 16 141 2500 16 156 891 Red Flowering Current 500 16 31 500 16 31 500 16 31 94 Serviceberry 1000 16 63 1000 16 63 1000 16 63 188 Snowberry 1000 16 63 1000 16 63 1000 16 63 188 Vine Maple 500 , 64 8 500 64 8 1000 64 16 1000 64 i 16 47 Paperbirch 2000 64 31 31 Western Red Cedar 1500 =- 64 : 23 23 Total Area 114500 ' 1 1 12000 = I J 10000 ! 1 Ji6000 I 1 1 Page 1 • ar.- f ' .,.v..A .' - %. ''' " U2 x i'ti�'`�,, :>k.'' 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I"--4--I ■ Red-Osier Dogwood i ■ ■ ■ ■ ■ ■ ■ I ' I • • • • • • • • • t May Creek OHWL • Willows (Hooker/Erect) 1 • May Creek Vegetation Plan Zone A - Typical Planting Detail County of King. State of Wnnhington lath ..l.e: 47:47 3 I. 411 Longitude 122 12• I2-: Dredge Area/Shoreline Bntrbee Mill( t%Ip+%t%y, P.O. Mix 359. Renton Wnwhingt.ni 90057 LBtAI 1/12/94 - East Bank West Bank itr ktfri°7,: t. `, \1•, Ir 11 May Creek o Vine Maple o o e o e e . o ♦ e Red Flowering Current • • - Top of Bank V ♦ • a ♦ • • ♦ ♦ Mock Orange cd I ■ ■ t ■ Q �4 ■ ■ Red-Osier Dogwood ■ ■ -t2+ - ' Servicebery/Snowberry • • • • • • • • • • • Willows (Hooker/Erect) May Creek May Creek Vegetation Plan Zone B - Typical Planting Detail County of King. Stat..-of Wnwhinej ii. Latitud., 47 31' 40 Longitude 122 12' 12" Lower Bridge to Upper Bridge Barbee Mill Company. P.O. Box 359. IL:nt..0 Wnwhingt..0 914157 LBzAI 1/12/94 • • 00 0 • o ' o West Bank 0 .N itik May Creek o fl 0 0 Vine Maple A e e e ♦ ♦ o ♦ e Red Flowering Current • Top of ---4�-1 Bank 'd • • ♦ • • ♦ ♦ Mock Orange i +I . 4 • • 0 • 04 I---4-1 ■ ■ Red-Osier Dogwood • • 'f' le i 2+ Servicebery/Blue Elderberry r • • • • et : • • • • • • • • Willows (Hooker/Sitka) May Creek May Creek Vegetation Plan Zone C - Typical Planting Detail King County. Wnwhingtain IwtiUnla-• 47 31.40 Lnngitnde 122 12. 12" . Upper Bridge to BN RoW/Western Bank Martine Mill Company. P.O. Mix Milk RnnUm Wnwhingta,n 90057 LB&AI 1/12/94 f' iff.. f f. ci• i., • Al: ... 3/ art , May Creek If � East Bank 0 0 0 Vine Maple/Paperbirch/Cedar g 0 Red Flowering Current e ■ ^ ■ ■ 'd • e • ♦ e ♦ e 0 ♦ e ♦ Mock Orange ` Top of •-' srBarik a ♦ •■ ■ - •• ■ ■ Red-Osier Dogwood ■ • ■ ■ _ .4. • Servicebery/Blue Elderberry • • • • • • • • • • • • • • Willows (Hooker/Sitka) May Creek May Creek Vegetation Plan Zone I) - Typical Planting Detail King County, WMMhingt.m (at.ttud., 47 31. 40 Longitude 122 12' 12" Upper Bridge to BN RoW/Eastern Bank Harboo Mill t:un.lMfny, P.O. lium Y.•Ni- R.enwn WMM1nne[t.u% 0+1057 L&AI 1/12/94 4110 0 *********.******************************************************* City of Renton WA Reprinted: 10/17/97 15 : 14 Receipt **************************************************************** Receipt Number: R9706653 Amount: 2, 516 . 00 10/17/97 14 :56 Payment Method: CHECK Notation: #101175 BARBEE Init: LMN Project #: LUA97-156 Type: LUA Land Use Actions Parcel No: 322405-9034 Site Address : 4101 LAKE WASHINGTON BL N Total Fees : 2, 516 . 00 This Payment 2, 516 . 00 Total ALL Pmts : 2, 516 . 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 . 00 000 . 05 . 519 . 90 .42 . 1 Postage 16 . 00