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HomeMy WebLinkAboutReport 1y --------------------------------------------~ -· I CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: December 14, 2011 To: City Clerk's Office From: Stacy M 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: Olympic Pipe Line ROW Maintenance Critical Areas Exemption LUA {file) Number: LUA-11-048, CAR Cross-References: AKA's: Project Manager: Jennifer Henning Acceptance Date: June 22, 2011 Applicant: Chris Anderson, Olympic Pipe Line Owner: Olympic Pipe Line Contact: Chris Anderson PID Number: 8898700000 ERC Decision Date: ERC Appeal Date: I Administrative Approval: June 22, 2011 Appeal Period Ends: July 6, 2011 Public Hearing Date: _ Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: j Mylar Recording Number: Project Description: Request for Critical Areas Exemption in order to conduct annual mowing of vegetation within their pipeline easement/right-of-way in order to clear trees, shrubs, and other _ types of vegetation that could interfere with the inspection of surface conditions and the underaround pipeline svstem l Location: Olympic Pipe Line ROW Comments: • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: PROJECT NAME: PROJECT MANAGER: OWNER/ APPLICANT: PROJECT LOCATION: CRITICAL AREA: June 22, 2011 LUAll-048, CAR Olympic Pipe Line Right-of-Way Maintenance Critical Areas Exemption Jennifer Henning, Planning Manager Olympic Pipe Line Chris Anderson 2319 Lind Avenue· SW Renton,WA 98057 Parcel # 8898700000 Thunder Creek PROPOSAL DESCRIPTION: Olympic Pipe Line Company (Olympic) proposes to conduct annual mowing of vegetation within their pipeline easement/right-of-way (ROW) in order to clear trees, shrubs, and other types of vegetation that could interfere with the inspection of surface conditions and the underground pipeline system. Mowing allows for the inspection of the ground surface for leaks and signs of third party disturbance during required inspections. These inspections of the surface conditions on or adjacent to pipeline ROW's are required to occur at least 26 times per calendar year, at intervals not to exceed 3 weeks. According to Olympic, inspections may be conducted by walking, driving, flying or other means of traversing the ROW. A portion of the Olympic Pipe Line traverses a section of Thunder Hills Creek where the. pipeline ROW crosses the creek. Thunder Hills Creek is a Class 4 stream per the City's Water Class Map (RMC 4-3-0SOQ). The proposed work would be conducted using a low-impact track (3 pounds per square inch); all fuel_-containing components are double-contained and would be above the water level of L City of Renton Department of Co.nity & Economic Development Certificate o.ption from Critical Areas Exemption Olympic Pipe line ROW Maintenance Exemption LUA11-D48~ CAR June 22, 2011 Page 2 of 3 Thunder Hills Creek. The creek would be crossed once during the summer when the flow is minimal. The mowing equipment would cross the creek at as nearly a perpendicular angle as possible to minimize creek disturbance. If steam gravels are displaced during the stream crossing activities, they would be redistributed across the channel bed using hand equipment. In the event that disturbance occurs to the creek, restoration would occur to pre-maintenance conditions. The Washington Department of Fish and Wildlife has issued a Statewide S-year Hydraulic Project Approval for the work, which is limited to occur at stream crossings from May 1'1 through September 301h each calendar year from 2011 to 2016. EXEMPTION JUSTIFICATION: Pursuant to RMC 4-3-0SOC.5.e.v, Exempt Activities Permitted within Critical Areas and Associated Buffers; Roads, Parks, Public and Private Utilities of the Critical Areas Regulations an exemption is hereby granted: v. Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks: Maintenance activities, including routine vegetation management and essential tree removal, and removal of non-native invasive vegetation or weeds listed by the King County Noxious Weed Board or other government agency, for public and private utilities, road rights-of-way and easements, and parks. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC Section 4-3-0SOC.5: 1. The activity is not prohibited by this or any other chapter of the RMC or state or federal law or regulation. 2: The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of approval of this exemption are met. 3. Impacts will be minimized and disturbed areas will be immediately restored, if submitted plans are followed and the conditions of approval of this exemption are met. 4. Where buffer disturbance occurs during construction or other activities in accordance with this exemption, the site will be revegetated with native vegetation as required as a condition of approval for this exemption. 5. All removed trees shall be retained as large woody debris in the stream/buffer corridor, where feasible. DECISION: An exemption from the critical areas regulations is approved for the annual mowing of vegetation within the Olympic Pipe Line corridor where it crosses Thunder Hills City of Renton Department of Co.nity & Economic Development /-405/1-5 to SR169 Stage 2 Widening & SR 515 Interchange Project DATE OF PERMIT: June 22, 2011 Certificate of .ption from Critical Areas Regulations LUA,CAR Page 3 of 3 Creek, for the period from May 1 through September 30, 2011, 2012, 2013, 2014, 2015 and 2016. SIGNATURE: C.E. "Chip" Vincent, Planning Director Planning Division APPEALS: Appeals of permit issuance must be filed with the City of Renton Hearing Examiner by 5:00 p.m. on July 6, 2011. Appeals must be filed in writing, together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. EXPIRATION: September 30, 2016 e PURPOSE: Ol YMPIC PIPE LINE ROW MAINTENANCE/CREEK CROSSINGS CITY OF RENTON OLYMPIC MP 111 TO 117 2500 ----0 FEET VICINITY MAP 2IOO DATE APR .12, 2011 SHEET: 10 Of S3 ~ 393.0 City of Renton. Washington Olympic Pipeline Right-of-Way Maintenance 0 196.52 393.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate , current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Lakes and Rivers Wate r Courses Parcels Street Names Rights of Way Streets Roads Jurisdictions Bellevue Oes Moines Issaquah Kent 0 King County Mercer Island Newcastle RENTON SeaTac Seattle Tukwila Aerial (March 2010) • Red: Band_1 a Gleen: Band_2 a Blue: Band_3 1: 2 ,358 @ 8.5" X 11" Notes Enter Map Description 0 'Wash;ngton Department of FISH and WILDLIFE .RAULIC PROJECT APPROV. Southwest 2108 Grand Boulevard Vancouver, WA 98661 (360) 696-6211 RCW 77.55.021 . See appeal process at end of HPA Issue Date: May 20. 2011 Control Number: Project Expiration Date: May 20, 2016 FPNPublic Notice#: 123420-1 N/A PERMITTEE Olympic Pipe Line Company ATTENTION: Chris Anderson AUTHORIZED AGENT OR CONTRACTOR GeoEngineers 2319 Lind Ave SW Renton, WA 98057 206-786-0658 Fax: 425-271-5320 ATTENTION: Brooke Asbury 600 Stewart St Ste 1700 Seattle, WA 98101 206-229-5698 Fax: 206-728-2732 Project Name: Olympic Pipe Line ROW Maintenance -Various Sites Project Description: The applicant is proposing to conduct annual maintenance activities within the pipleine ROW, including mowing and other vegetation control. This HPA covers stream crossings where needed. PROVISIONS 1. TIMING LIMITATIONS: The project may immediately and shall be completed by May 20, 2016, provided: a) all stream crossings occur between May 1 and September 30 for the calendar years 2011, 2012, 2013, 2014, 2015, and 2016 APPROVED PLANS: 2. Work shall be accomplished per plans and specifications approved by the Washington Department of Fish and Wildlife entitled "Olympic Pipe Line ROW Maintenance -Various Sites" and dated April 12, 2011 except as modified by this Hydraulic Project Approval. A copy of these plans shall be available on site during construction. EQUIPMENT AND WORKSITE LIMITATIONS: 3. Equipment shall be cleaned prior to crossing of the creek so as to be free of accumulations of earth, grease, leakage of or spilled fuel or hydraulic fluid and other chemicals harmful to fish life. 4. Equipment shall be maintained in good working condition such that fuel, grease, hydraulic fluid, coolant or other chemicals harmful to aquatic life are not leaked into the water, bank or bed of the stream. STREAM CROSSING RELATED: 5. There shall be no excavation of the stream bank or bed in association with fording equipment across the stream. 6. Stream crossings shall be accomplished at the approved sites outlined in the document entitled "Olympic Pipe Line Stream Crossing Inventory", and in a manner that does the least damage to the streambank and streambank vegetation. If necessary, to prevent shoreline damage, planks, Page 1 of 4 ,--------------------------------------------------------- ' Washington Department of FISH and WlLDLIFE Issue Date: May 20, 2011 .RAULIC PROJECT APPROV4 RCW 77.55.021 -See appeal process at end of HPA Control Number: Project Expiration Date: May 20, 2016 FPA/Public Notice#: Southwest 2108 Grand Boulevard Vancouver, WA 98661 (360) 696-6211 123420-1 N/A matting or other suitable material may be temporarily be placed on the shoreline to protect the bank while driving equipment into and out of the channel. 7. Crossings shall be accomplished as near as perpendicular to the creek as possible. Turning of tracked equipment within the wetted stream channel shall be avoided to the greatest extent possible. SITE RESTORATION: 8. All earth areas adjacent to the watercourse which have been exposed or disturbed by this project are to be seeded with an erosion control seed mix, and protected from erosion with a straw mulch or equivalent. PROJECT LOCATIONS Location #1 Various WORK START: May 20, 2011 WORK END: May 20, 2016 ----------'---~------------------, Vv'RIA: Waterbody: Tributary to: 99.0000 Various Statewide 1/4 SEC: Section: Township: latitude: longitude: All 99 99 99 N Yakima location #1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW (formerly RCW 77.20). Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person(s) to whom this Hydraulic Project Approval is issued 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 and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Page 2 of 4 1-r· Washington Department of FISH and , I/IJILDUFE Issue Date: May 20, 2011 .RAULIC PROJECT APPROV. RCW 77.55.021 -See appeal process at end of HPA Control Number: Project Expiration Date: May 20, 2016 FPA/Public Notice#: Southwest 21 08 Grand Boulevard Vancouver, WA 98661 (360) 696-6211 123420-1 N/A 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 and/or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed, below. Requests for any change to an unexpired HPA must be made in writing. Requests for new HPAs must be made by submitting a new complete application. Send your requests to the department by: mail to the Washington Department of Fish and Wildlife, Habitat Program, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa:gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal 'process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2260 for more information. A. INFORMAL APPEALS: WAC 220-110-340 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request wtthin 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee will conduct an informal hearing and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-110-350 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW,within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the Washington Department of Fish and Wildlife HPA Appeals Coordinator, 600 Capitol Way North, Olympia, Washington 98501-1091; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision ln response to the informal appeal. Page 3 of4 IT,~ Washington Department of ' FISH and WILDLIFE Issue Date: May 20, 2011 .RAULIC PROJECT APPROV. RCW 77.55.021 -See appeal process at end of HPA Control Number: Project Expiration Date: May 20, 2016 FPNPublic Notice#: Southwest 2108 Grand Boulevard Vancouver, WA 98661 (360) 696-6211 123420-1 NIA C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. ENFORCEMENT: Sergeant Holden (36)P3 Habitat Biologist Steve West weststw@dfw.wa.gov 360-906-6720 CC: Dave Howe, WDFW RHPM (emailed) Ron Melin, Cowlitz County (emailed) Brent Davis, Clark County (emailed) WRIA 26 File, Olympia for Director WDFW Page 4 of 4 • • REQUEST FOR CRITICAL AREAS EXEMPTION (FOR SEPA EXEMPT ACTIVITIES) City of Renton Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425·430-7231 PURPOSE: Exempt activities provided with a letter of exemption from the Development Services Administrator may intrude into a critical area or required buffer (Subject to any conditions or requirements provided by the Administrator) APPLICABILITY OF EXEMPTIONS: The following is a general list of activities that may be exempt from the critical areas regulations. More specific descriptions of the activities are contained in the Critical Areas Regulations. Some of the listed activities may not be exempt in certain critical areas. The Planning Division will evaluate you request according to the City of Renton Critical Areas Regulations in RMC 4.3. 050C, J, L, and N. . I AM REQUESTING A CRITICAL AREAS EXEMPTION FOR ONE OR MORE OF THE FOLLOWING ACTIVITIES: D Conservation, Enhancement, and Related Activities: • Conservation or preservation of soil, water, vegetation, fish, and other wildlife • Enhancement activities as defined in chapter 4-11 RMC .1 • Any critical area, buffer restoration, or other mitigation activities that have been approved by the City D Research and Site Investigation: • Nondestructive education and research • Site investigative work necessary for land use application submittals such as surveys, soil logs, etc. 0 Agricultural, Harvesting, and Vegetation Management: -6 -06/09 l'lttp://rentonwa,go1t/uploadedFiJes/Buslnesa/PBPW/OEVSERV/FORMS_PLANNING/critareo.sexempt.doe • • • Harvesting wild foods • Existing/Ongoing agricultural activities 1 • Removal of dead, terminally diseased, damaged, or dangerous ground cover or hazardous trees which have been certified as such by a forester, registered landscape architect, or certified arborist D Surface Water Alteration: • New surface water discharges provided the discharge meets the requirements of the Storm and Surface Water Drainage Regulations 1 2 ' • New or modified regional stormwater facilities 1 2 ' • Flood hazard reduction 1 '4 6 Roads, Parks, Public and Private Utilities: • Relocation of Existing Utilities out of Critica I Area and Buffer --+• • Mainten!!_r:i~. operation, and repair of existing parks, trails, roads, facilities, and u!Hlties 1 2 Installation, construction, replacement, or operation of utilities, traffic control, and walkways within existing improved right-if-way or easement 1 2 • • Modification of existing utilities and streets by 10% or less ' 2 5 Mana~ement and essential tree removal for public or private utilities, roads and public parks D Wetland Disturbance, Modification, and Removal: • Any activity in small Category 3 wetlands ' 2 ' 4 5 • Temporary disturbances of a wetland due to construction activities that do not include permanent filling 1 2 3 5 D Maintenance and Construction for Existing Uses and Facilities: • Remodeling, replacing, or removing existing structures 1 2 • Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed ' 2 • Construction activity connected with an existing single family residence or garage, provided that no portion of the new work occurs closer to the critical area or required buffers than the existing structure 1 2 • Existing activities which have not been changed, expanded or altered provided they comply with the applicable requirements of chapter 4-10 RMC 1 D Emergency Activities: • Removal of trees or ground cover by a City department, agency, publfc, or private utility in an emergency situation • Public interest emergency use, storage, and handling of hazardous materials by governmental organizations in an Aquifer Protection Area ADDITIONAL PERMITS: Additional permits from other agencies may be required. ft is the applicant's responsibility to obtain these other approvals. Information regarding these other requirements may be found at .http://apps.ecy.wa.gov/o_pasl -7 -06109 http:/trentonwa.gov/upJoadedFlles/Buslness/PSPW/DEVSE.RV/FORMS_PLANNING/c1itareaBexe~pl.doc • • !,the undersigned, declare under penalttof perjury under the laws of the State of Washington,iiiat to -- the best of my knowledge the above information is true and complete. · Applicant Signature:~ ~ Date: ~-31-:J.o{( D Exemption Granted C.E. "Chip" Vincent, Planning Director Planning Division Signature:--~~~--'--------~ D Exemption Denied Date:-------- ----------·--···-····----------------·-------------------' -'' ' ' Conditions of Approval: ·-'---'---'---·----------~~ -------------------------------_, ____________ .. -----·- 1Exemption does not apply In Aquifer Proteclloi1 Areas 2Exemptiondoes riot apply in Flood Hazard Areas 'E:xemption does-not apply in Geologic Hazard Areas ;Exempti_on dC>9S no,t.ipply in ~a/Ji/at ~onservalion Areas lxemption does not apply in Streams and Lakes: Class 2 lo 4 Exemption do_es not apply in Wetl~nds .a. http:11rcntonwa:oovfuploa<J1?dFilestBuslnesstPAPWIOE.VSl:RVJFORMS_PLANNING/cri1areasaxcn1pt.cJoc 06109 • • Olympic Pipe Line Company Pipeline Right-of-Way Maintenance Activities Thunder Hills Creek Crossing Renton, Washington Project Narrative Submitted to: City of Renton Prepared by: Olympic Pipe Line Company 2319 Lind Avenue SW Renton, WA 98057 Mciy 25, 2011 • • INTRODUCTION The Olympic Pipe Line Company (Olympic) operates a petroleum products pipeline system within western Washington and northern Oregon, which includes 14-inch and 16-lnch diameter pipelines that extend through Renton, Washington. The purpose of this submittal is to request a Critical Areas Exemption for routine maintenance of the pipeline Right-of-Way (ROW) at the Thunder Hills Creek Crossing in the City of Renton. A vicinity map is attached which shows the pipeline easement and the creek crossing location. PROJECT DESCRIPTION Olympic is required to mow their pipeline easement annually as part of Federal DOT regulations for pipeline safety in order to keep the easement (ROW) clear of trees, shrubs and any other types of vegetation that could interfere with the inspection of surface conditions and the underground pipeline system. It is considered standard industry practice for pipeline easements to be maintained (clear of trees and mowed) such that the operator can inspect the ground surface for leaks and signs of third party disturbance during required inspections, per 49CFR195.41, "Each operator shall, at intervals not exceeding 3 weeks, but at least 26 times each calendar year, inspect the surface conditions on or adjacent to each pipeline ROW. Methods of inspection include walking, driving, flying or other appropriate means of traversing the ROW." During the annual mowing activities, it is necessary to cross some small, low-lying creeks with the mowing equipment due to access constraints, such as, where an alternative access to the other side of the creek is not available or where it is unsafe to back up the slopes descending to a creek. The section ofThunder Hills Creek where the pipeline ROW crosses the creek is mapped as a Class 4 Stream on the City of Renton Water Classes Map. The mowing equipment used for the work is on low-impact tracks (3 pounds per square inch) and all fuel-containing components are double-contained and well above the water level of the creek. The creek will be crossed once during the summer when the flows will be minimal if flowing at all. The mowing equipment will cross the creeks at as nearly a perpendicular angle as possible to minimize creek disturbance. Due to the nature of the equipment and the implementation of best management practices (BMPs), we anticipate no Impact to the creeks during the crossing activities. If stream gravels are displaced during the stream crossing activities, they will be re-distributed across the channel bed using hand equipment. In the remote chance that disturbance to the stream channels occurs during the crossing activities, the streams will be restored to pre-existing conditions. We have received an HPA from WDFW to cover this creek crossing and several others in Western Washington, which is included in this package.