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HomeMy WebLinkAboutReport 1CITY OF RENTO~ . DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: February 11, 2014 To: City Clerk's Office From: Lisa M. Mcelrea Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: Sam's Club Aqueduct Repair Critical Areas Exemption LUA (file) Number: LUA-14-000063, CAR Cross-References: AKA's: Project Manager: Jennifer Henning Acceptance Date: January 20, 2014 Applicant: Quentin Pounder, Apex Owner: Wal-Mart Property Tax Dept. Contact: Quentin Pounder, Apex PID Number: 2023059007; 2023059008; 9154600010 ERC Determination: Date: Anneal Period Ends: Administrative Decision: Approved Date: January 23, 2014 Anneal Period Ends: Februarv 6. 2014 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Apex Companies request a Critical Areas Exemption in order to perform emergency maintenance within a flume that is blocked by debris southeast of the Sam's Club building and in the eastern edge of their surface parking lot. Location: 901 s. Grady Way Comments: ERC Determination Tvpes: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. WAL-MART Owner Quentin Pounder, Apex Applicant WSDOT Owner Muckleshoot Indian Tribe Fisheries Dept Agencies Office of the Attorney General Ecology Div. Agencies State Department of Ecology Agencies '~kfk--(Signature of Sender): / ~ STATE OF WASHINGTON purposes ry Public in and for the State of Washington Notary (Print) : ___ _,..\\.!!.pc;,\ \>e_"t,,_-·s.l,-Ci-t-"'l"''-"l"'-'");>-------------- My appointment expires: ~) .AV-L_\..,s;, '-c '.)_ q 1 }Ol1 Sam's Club Aqueduct Repair Critical Areas Exemption LUA14-000063 DEPARTMENT OF co~'" 1UNITY AND ECONOMIC DEVELOPlv1ENT DATE; PROJECT NUMBER: PROJECT NAME; PROJECT MANAGER; OWNER; APPLICANT; LOCATION; DESCRIPTION; CRITICAL AREA; PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION January 23, 2014 LUA14-000063 Sam's Club Aqueduct Repair Critical Areas Exemption Jennifer Henning, Planning Director WAL-MART PROPERTY TAX DEPT PO BOX 8050 #MS 0555 BENTONVILLE, AR 72712 Quentin Pounder, Apex 10220 N Nevada ##70 Spokane, WA 99218 901 S GRADY WAY Apex Companies request a Critical Areas Exemption in order to perform emergency maintenance within a flume that is blocked by debris southeast of the Sam's Club building and in the eastern edge of their surface parking lot. The flume is located between Benson Road South and the Talbot Road South off-ramp for 1-405 (Exhibit 1). A Class 3 stream (Rolling Hills Creek) is within the flume. The creek has left the flume and is flowing across a portion of the Sam's Club parking lot. The repair/maintenance work would involve the removal of a concrete slab (presumably from work performed previously by WSDOT) and also removal of sand, silt, branches and rock that have settled in the flume and presently block the flow of the creek (Exhibit 2). Low ground pressure (LGP) mini-excavators, hand labor and vacuum trucks with extension hoses would be used to mitigate disruption within the critical area. The large piece of concrete and the debris that has collected will be removed in order to allow for the channel to re-establish in the flume and eliminate the discharge of water from the channel on to the parking lot. The work is anticipated to begin in January 2014 and take approximately 3 weeks to accomplish. Washington State Department of Fish and Wildlife has determined (on December 3, 2013) that an emergency HPA can be issued (Exhibit 3). Rolling Hills Creek EXEMPTION JUSTIFICATION; Page 1 of 3 City of Renton Department of Community nomic Development Sam's Club Aqueduct Repair Critical Areas Exemption Cert '=' of Exemption from Critical Areas Regulations LUA14-000063 RMC4-3-050.5.g.ii. Maintenance and Repair -Any Existing Public or Private Use: 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. The use of heavy construction equipment shall be limited to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. RMC4-3-050.5.h. i. Emergency Activities: Emergency activities are those which are undertaken to correct emergencies that threaten the public health, safety and welfare pursuant to the criteria in subsection C9b of this Section. An emergency means that an action must be undertaken immediatel1 or within a time frame too short to allow full compliance with this Section, to avoid an immediate threat to public health or safety, to prevent an imminent danger to public or private property, or to prevent an imminen threat of serious environmental degradation. 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 wetland or 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. DECISION: An exemption from the Critical Areas Regulations is hereby Approved. SIGNATURE & DATE OF DECISION : J January 23, 2014 C.E. "Chip" Vincent, CED Administrator Date The above land use decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Page 2 of 3 City of Renton Deportment of Community, nomic Development Sam's Club Aqueduct Repair Critical Areas Exemption Cert ~ of Exemption from Critical Areas Regulations LUA14-000063 APPEALS: An appeal of this administrative land use decision 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, on or before 5:00 p.m., on February 06, 2014. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. EXPIRATION: Five (5) years from the date of decision (date signed). Page 3 of 3 Sam's Club Aqueduct Re pa ir 274 0 1 3 7 2 74 Feet Information Technology -GIS RentonMapS upport@Rentonwa.gov 01 /20 /2014 T his map is a user ge nerated static output from an Internet mapping site a nd is for re ference o nly. Data layers that appear o n th is map may o r may not be accurate, current, or otherwise rel iable. WGS_ 1984_Web_Mercator_Auxiliary_Sphere THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend City and County Labels City and Co unty Bounda ry Other [j City of Renton 0 Pa r cels Stre ams (Classified) Notes None 2 3 0 EXHIBIT 1 Sam's Club Aqueduct Repair 137 0 68 137 WGS_ 1984_W eb_M ercator_A uxiliary_Sphere Feet Information Technology -GIS RentonMapSupport@Rentonwa .gov 01/20/2014 This map is a user generated static output f rom an Internet mapping s ite and is for refere nce only. Data layers that appear on th is map may o r may not be accurate , cu rr ent, or otherwise reliable. THI S MAP IS NOT T O B E U SED FOR NAVI GATION Legend Ci ty and County Labels C ity and County Boundary Other c·J C ity of Rento n Addresses 0 Parcels Streams (Classi fi ed) Notes 2 3 4 EXHIBIT 2 City of :Renton @ Finance & IT Division Jennifer T. Henning From : Sent: To : Cc: Subject: Hi Jennifer: Fish er, Larry D (DFW) <Larry.Fisher@dfw.wa .gov> Tuesday, December 03, 2013 4:21 PM Jennifer T . Henning Ronald Straka RE: Rolling Hill s Creek/Thunder Creek Maintenance An HPA is required, though thi s sounds like a situation where an emergency HPA can be iss ued. You may consider this email an emergency HP A authorization to conduct this work. No written application is required. Larry Fisher WDFW Area Habitat Biologist 1775 12th Ave NW Suite 201 Issaquah, WA 98027 425-313-5683 FAX 425-427-0570 Cell : 425-449-6790 <'){{}}>< <'){{}}>< From: Jenn ifer T . Henning [mailto:Jhenning @Rentonwa .gov] Sent: Tuesday, De ce mber 03, 2013 12:39 PM To: Fi sher, Larry D (DFW) Cc: Ro na ld Straka Subject: Rolling Hi ll s Creek/Thunder Creek Maintenance He llo Larry, I ha ve a q u est ion for yo u. Th e creek (Rolling Hill s or Thunder Hill s) is within a flume behind the Sam's Club, just south/southwest of City Ha ll. Th e flume is blocke d by debris from uphill between Benson Road and the off-ramp for 1- 405. The creek has left the flume and is flowing across a portion of the Sam's Club parking lot. I would like to issue a Critical Areas Exemption in order to allow the repair/maintenan ce work to proceed to get the cr eek back in the flume, and o ut of t h e parking lot. The blue arr ow below sho ws w here this ha s happen ed . The maintenan ce work wo uld involve r emoval of sand, sil t, branches, rock, that ha ve se ttled in th e flum e a nd block the fl ow of th e creek. Is an HP A needed? If so, I could adde nd the previous SEPA to facilitate the granting of the HP A. Can the work proceed in the next few weeks? If you would like to walk the site, and I can sh ow yo u w hat ha s happe ned , I wo uld b e h appy to do that. Th anks for yo ur help Larry ! EXHIBIT 3 1 Jennifer Henning, AICP Planning Director City of Renton Planning Divi sion 1055 South Grady Way Renton,WA 98057 425.430.7286 2 January 10, 2014 Jennifer Henning >\ APEX City of Renton Dept. of Community & Economic Development-Planning Division 1055 South Grady Way Renton, WA 98057-3232 Phone: (425) 430-7286 jhenning@renlonwa.gov Re: Aqueduct Work Narrative Sam's Club 4835 Renton, WA Dear Ms. Henning, Thank you for taking the time to meet with Mr. Ferguson and myself to review the current condition of the Sam's Club aqueduct. During our investigation of the aqueduct it was determined that a large piece of concrete (potentially part of the eastern wall of the aqueduct) was placed across the aqueduct to presumably provide access to the area on the eastern side toward Highway 1-405. This concrete slab created an impedance of the flow line of the aqueduct during the heavy summer rains that washed debris through the channel. Once the large woody debris became lodged against the concrete, it forced the heavy flows to migrate into the parking lot where it damaged the safety fence and left significant sediment on the paving surface. Additional damage has been done to the existing swale channel as well as scour erosion at the discharge point of the swale into the aqueduct alignment. Apex plans to address these issues through the combined use of low ground pressure (LGP) mini-excavators, hand labor and vacuum trucks with extension hoses to mitigate disruption in sensitive areas. Apex will move the large piece of concrete and the debris that has collected at that location to eliminate the restriction that has developed. Sediment removal will be conducted to re-establish channel flow and eliminate the discharge of water from the channel on to the parking lot. Sincerely, Apex Companie~s.J,,J~~~ EXHIBIT4 Apex Companies, LLC · 10220 North Nevada· Nevada Place, Suite 70 · Spokane, WA 99218 T 509.922.4973 · F 509.922.1783 · apexcos.com Jennifer T. Henning From: Sent: To: Subject: Categories: Quentin Pounder <QPounder@apexcos.com> Saturday, January 11, 2014 7:37 AM Jennifer T. Henning Re: 4835 Renton Sam's Club Narrative Red Category Two weeks I estimate. Probably safe to say 3 weeks total. Quentin Pounder Branch Mgr. Apex Companies LLC 509.995.0957 On Jan 10, 2014, at 5:11 PM, "Jennifer T. Henning" <Jhenning@Rentonwa.gov> wrote: Thank you Quentin. Could you give me an approximate duration of work? Days/weeks? Jennifer Henning, AICP Planning Director City of Renton Planning Division 1055 South Grady Way Renton, WA 98057 425.430. 7286 <image004.jpg> From: Quentin Pounder [mailto:OPounder@apexcos.com] Sent: Friday, January 10, 2014 3:03 PM To: Jennifer T. Henning Subject: 4835 Renton Sam's Club Narrative Jennifer, Please review the narrative we've prepared and let me know if we've covered the work sufficiently. Thanks, Quentin Pounder 509-995-0957 <image005.jpg> Quentin Pounder Apex Companies, LLC 10220 North Nevada -Nevada Place, Suite 70 Spokane, WA 99218 0) 509-922-4973 M} 509-995-0957 Follow Apex on <imageQ06.png>and Like us on <image007.png> 1 EXHIBIT 5