HomeMy WebLinkAboutLUA 09-013_Report 01CITY OF RENTON
DEPARTMENT OF COMMUNITY & ECONOMIC
DEVELOPMENT
MEMORANDUM
Date: April 14, 2009
To: City Clerk's Office
From: Stacy Tucker
Subject: Land Use File Closeout
Please complete the following information to facilitate project closeout and indexing by the City
Clerk's Office.
Project Name:
LUA (file) Number:
Cross-References:
AKA's:
Project Manager:
Acceptance Date:
Applicant:
Owner:
Contact:
PID Number:
ERC Decision Date:
ERC Appeal Date:
Administrative Approval:
Appeal Period Ends:
Public Hearing Date:
Date Appealed to HEX:
By Whom:
HEX Decision:
Date Appealed to Council:
By Whom:
Council Decision:
Mylar Recording Number:
WSDOT SR 169 Wall Repair
LUA-09-013, SME
Jennifer Henning
February 12, 2009
Nina Roscow
same as applicant
N/A
February 12, 2009
February 26, 2009
Date:
Date:
Project Description: The applicant proposes to repair the MSE wall and bicycle trail at milepost
23.0 along SR-169 (Maple Valley Hwy). The MSE wall was damaged by flood waters from the Cedar
River. Repair consists of filling the voids behind the wall with controlled density fill and pressure
grouting to raise the moment slab barrier back into position. Approximately 500 lineal feet of
damaged HMA pedestrian trail along the base of the wall, including embankment and fencing would
also be re aired.
Location: Mile 23.0, State Route 169, Cedar River Bridge
Comments:
.. ,._.,,..,"'·---------------------·----'----......-;...·-........ -'
Jennifer T. Henning
From:
Sent:
To:
Roscow, Nina [RoscowN@wsdot.wa.gov]
Thursday, February 12, 2009 7:58 AM
Jennifer T. Henning
Subject: RE: Letter/Shoreline & SEPA Exemption
No problem-I meant to follow up but it has been that kind of week.
Please mail the permit to
WA State Department of Transportation
Attn: Benjamin Brown
MS 138
PO Box 330310
Seattle, WA 98133-9710
Fax Number is 206.440.4805
Thanks,
Nina Roscow
Environmental Coordinator
WSDOT NW Region
206.440.4908
From: Jennifer T. Henning [mailto:Jhenning@Rentonwa.gov]
Sent: Wednesday, February 11, 2009 7:37 PM
To: Roscow, Nina
Subject: Letter/Shoreline & SEPA Exemption
Hello Nina,
We are issuing the Exemptions for Shoreline and SEPA on Thursday, Feb 12. I apologize for the delay, yet we were
aware that the work had commenced.
Could you please provide me with the mailing address and fax number so that I can send these items over to you
directly? Thank you.
Jennifer Henning
Planning Manager
425-430-7286
1
... ~y o CIT-~ OF RENTON
(!~~ ":,..¢, Economic Development, Neighborhoods and
• .ii • Strategic Planning
~ -~ Denis Law, Mayor Alex Pietsch, Administrator
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February 12, 2009
Washington State Department of Transportation
Attn: Nina Roscow, Environmental Coordinator
MS 138
PO Box 330310
Seattle, WA 98133-9710
SUBJECT: EMERGENCY REPAIR, SR 169 AT MILEPOST 23.0
(CEDAR RIVER BRIDGE), FILE 1'10. LUA09-113, SME
Dear Ms. Roscow,
I am in receipt of the Washington State Department of Transportation (WSDOT) Emergency
Project Checklist, issued by William Vlcek, dated January 27, 2009 which authorizes the repair of
an existing MSE wall on State Route 169, at Milepost 23.0 (Cedar River Bridge). The MSE wall
was damaged by flood waters as a result of inclement weather in January 2009. The repair work
will consist of repairing the MSE wall by filling the voids behind the wall with controlled density
fill and pressure grouting to raise the moment slab barrier back into position. In addition,
approximately 500 lineal feet of damaged HMA pedestrian trail along the base of the wall will be
repaired, including embankment and fencing.
Proposals within 200 feet of the Ordinary High Water Mark of the Cedar River require a
Shoreline Substantial Development Permit and SEPA environmental review. However, Renton
Municipal Code provides for exemptions from Shoreline Permits for "Emergency construction
necessary to protect property from damage by the elements. " According to RMC4-9-l 90C.5:
a. An "emergency" is an unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time too short to allow for full
compliance with this program.
b. Emergency construction does not include development of new permanent protective
structures where none previously existed. Where new protective structures are deemed to be
the appropriate means to address the emergency situation, upon abatement of the emergency
situation, the new structure shall be removed or any permit which would have been required,
absent an emergency, pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline
Program shall be obtained.
c. All emergency construction shall be consistent with the policies of chapter 90.58 RCW
and this Program.
d. In general, flooding or other seasonal events that can be anticipated and may occur, but
that are not imminent are not an emergency.
-------l-05_5_S_o_ut_h_G-ra_d_y_W_a_y __ -R-en_t_on-,-W-a-sh-in_gt_o_n_98_0_5_7 ______ ~
@ This paper contains 50% recycled material, 30% post consumer
AHEAD OF THE CURVE
February 12, 2009
Page 2
In this instance, item "d." above does not apply, as the flooding was of such a magnitude, that the
damage could not have been predicted.
Furthermore, RMC Section 4-9-190C.3 exempts projects from Shoreline regulation for normal
maintenance or repair of structures or developments, including damage by accident, fire or
elements as follows:
a. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation
from a lawfully established condition.
b. "Normal repair" means to restore a development to a state comparable to its original
condition, including but not limited to its size, shape, configuration, location and external
appearance, within a reasonable period after decay or partial destruction, except where
repair causes substantial adverse effects to the shoreline resource or environment.
c. Replacement of a structure or development may be authorized as repair where such
replacement is the common method of repair for the type of structure or development and the
replacement structure or development is comparable to the original structure or
development including, but not limited to, its size, shape, configuration, location and
external appearance and the replacement does not cause substantial adverse effects to
shoreline resources or environment.
The repair of the MSE wall at S.R. 169, Milepost 23.0 (Cedar River Bridge) is needed to avoid
imminent threat to public safety and the environment. For this reason, the wall repair is exempt
from regulation under the City ofRenton's Shoreline Master Program. However, should the
structure remain in disrepair beyond 3 months time, from the date of issuance of the Shoreline
Exemption, a Shoreline Substantial Development Permit will be required. A copy of the
Shoreline Exemption is attached to this letter.
Washington Administrative Code Section 197-11-880 specifies instances when projects are
considered to be an emergency and are exempt from SEPA environmental review. "Actions that
must be undertaken immediately or within a time too short to allow full compliance with this
chapter, to avoid an imminent threat to public safety, to prevent an imminent danger to public or
private property, or to prevent an imminent threat of serious environmental degradation, shall be
exempt."
Based on the information provide to me via the submitted WSDOT Emergency Project Checklist
(dated January 27, 2009) and accompanying photographs, it is clear that an imminent threat to
public safety and property is present. Therefore, the repair of the Cedar River Bridge MSE wall
is exempt from requirements of SEPA environmental review.
This exemption applies only to City of Renton environmental and Shoreline pem1it processes. If
needed, you will coordinate separately with state and federal agencies with jurisdiction regarding
the necessity for permits or exemptions from permits.
Should you have any questions regarding this correspondence, please contact Jennifer Henning
at: 425-430-7286.
Sincerely, J )
C .. ~.UL----sf;
C. E. Vincent
Planning Director
H:\CED\Planning\Current Planning\PROJECTS\09-013.Jennifer\SEPA Exemption Ltr.doc\j
CITY OF RENTON
CERTIFICATE OF EXEMPTION FROM
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
DATE: February 12, 2009
LAND USE ACTION FILE NO.: LUA09-013, SME
PROJECT NAME: S.R. 169 Emergency Repair Shoreline Exemption
(MP 23, Vicinity of Cedar River Bridge)
OWNER/APPLICANT: Nina Roscow, Environmental Coordinator
Washington State Department of Transportation
WSDOT NW Region
PROJECT MANAGER: Jennifer Henning, AICP
Planning Manager (425-430-7286)
PROPOSAL: The applicant proposes to repair the MSE wall and
bicycle trail at Milepost 23.0 along State Route 169,
(Maple Valley Highway). The MSE wall was
damaged by flood waters from the Cedar River.
Repair consists of filling the voids behind the wall with
controlled density fill and pressure grouting to raise
the moment slab barrier back into position.
Approximately 500 lineal feet of damaged HMA
pedestrian trail along the base of the wall, including
embankment and fencing would also be repaired.
PROJECT LOCATION: Mile 23.0, State Route 169, Cedar River Bridge
Renton, Washington
LEGAL DESCRIPTION: Milepost 23.0, S.R. 169
SEC-TWN-R: S 22 T 23N R 5E
WATER BODY/WETLAND: Cedar River
Exemption from Shoreline Substantial Development Permit
An exemption from d ...,horeline Substantial Development , ermit is hereby granted on
the proposed project in accordance with RMC 4-3-090L 14 and RMC 4-9-190C7:
3. Normal maintenance or repair of existing structures or developments, including
damage by accident, fire or elements.
a. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or
cessation from a lawfully established condition.
b. "Normal repair" means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration, location
and external appearance, within a reasonable period after decay or partial
destruction, except where repair causes substantial adverse effects to the shoreline
resource or environment.
c. Replacement of a structure or development may be authorized as repair where
such replacement is the common method of repair for the type of structure or
development and the replacement structure or development is comparable to the
original structure or development including, but not limited to, its size, shape,
configuration, location and external appearance and the replacement does not
cause substantial adverse effects to shoreline resources or environment.
5. Emergency construction necessary to protect property from damage by the
elements.
a. An "emergency" is an unanticipated and imminent threat to public health, safety,
or the environment which requires immediate action within a time too short to allow
for full compliance with this program.
b. Emergency construction does not include development of new permanent
protective structures where none previously existed. Where new protective
structures are deemed to be the appropriate means to address the emergency
situation, upon abatement of the emergency situation, the new structure shall be
removed or any permit which would have been required, absent an emergency,
pursuant to chapter 90.58 RCW, chapter 17-27 WAC or this Shoreline Program
shall be obtained.
c. All emergency construction shall be consistent with the policies of chapter 90.58
RCW and this Program.
d. In general, flooding or other seasonal events that can be anticipated and may
occur, but that are not imminent are not an emergency.
Exemption from Shoreline Substantial Development Permit
The proposed deve,upment is consistent or inconsistent with (check one):
CONSISTENT INCONSISTENT
xx
N/A
CONDITION(S) OF APPROVAL:
Policies of the Washington State
Shoreline Management Act.
The guidelines of the Department of
Ecology where no Master Program has
been finally approved or adapted by the
Department.
The City of Renton Shoreline Master
Program.
1. The applicant shall complete the MSE wall and trail repair within 3 months from the
date of this permit. If the work cannot be completed within a 3 month timeframe, then
the project will not be considered an emergency, and the applicant shall be required to
obtain a City of Renton Shoreline Substantial Development Permit.
Attachments: Vicinity Map
Site Plan
cc: Owner/Applicant
Contact
File
Exemption from Shoreline Substantial Development Permit
C.E. Vincent, Director
Planning Division
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