Loading...
HomeMy WebLinkAboutCritical Areas Exemption.pdfDEPARTMENT OF COMMUNITY 10 Citgo£ AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM CRITICAL AREAS REGULATIONS EVALUATION FORM &DECISION DATE OF PERMIT ISSUANCE: February 16, 2011 LAND USE ACTION FILE NO.: LUA10-089 ECF, SME, CAR PROJECT NAME: Citywide Drainage Maintenance Program PROJECT MANAGER: Vanessa Dolbee, Senior Planner OWNER/APPLICANT: City of Renton, 1055 South Grady Way, Renton, WA 98057 CONTACT (if other than Owner): Hebe C. Bernardo, City of Renton Surface Water, 1055 South Grady Way, Renton, WA 98057 PROJECT LOCATION: Citywide and Potential Annexation Areas if Annexed CRITICAL AREA: All Streams, Lakes, and associated wetlands PROPOSAL DESCRIPTION: The applicant has requested a Critical Areas Exemption for continued maintenance of the Citywide stormwater infrastructure, including channels, ditches, catch basins, manholes, outfalls, pipes and culverts. These facilities are located in critical areas: including, the Cedar River, May Creek, Springbrook Creek, Thunder Hills Creek, Panther Creek, Ginger Creek, Maplewood Creek, Honey Creek, Greens Creek, Kennydale Creek, Gypsy Creek, Johns Creek and Lake Washington. The purpose of the Citywide maintenance program is to maintain existing drainage facilities in order to ensure their optimum performance, by protecting the facilities against accumulation of debris, sediment and vegetation. Ongoing maintenance is needed to preserve or restore the original function of the existing drainage facilities so the balanced use of the water resource continues as intended. Maintenance tasks include cleaning the facilities to maintain structural integrity, flush or vactor - pipes manholes etc..., control vegetation, remove debris and sediment. Sites included in the proposed maintenance program would be maintained from the existing right- of-way or easements dedicated to the City. No new access drives or roads would be required to be built as a part of any maintenance activities. City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Exemption Citywide Drainage Maintenance Program LUAIO-089 ECF, SME February 16, 2011 Page 2 of 4 Vegetation removal of grasses, shrubs, and trees may be necessary either for access purposes or because the vegetation is within the working area. The applicant proposes to keep vegetation removal to a minimum and has indicated that all native vegetation disturbed outside of work/access areas would be restored to pre -project conditions upon completion of maintenance activity. Furthermore, if any tree is to be removed, either the snag shall be left in the stream corridor or a new tree shall be planted within the stream corridor where the tree was removed. Tree and vegetation replacement is a mitigation measure identified in the SEPA review for the subject project, staff recommends such mitigation measures become conditions of approval of the subject Critical Areas Exemption, The City of Renton's Surface Water Utility has proposed to utilize the Regional Road Maintenance Endangered Species Act Program Guidelines to select and implement appropriate Best Management Practices to minimize the disruption to the natural environment. In addition, all applicable State and Federal requirements associated with the Clean Water Act (CWA) and Appendix D of the 2009 Surface Water Design Manual would be met through planning, application, and monitoring of Best Management Practices (BMP's). All maintenance activities would comply with provisions to be imposed by the Washington State Department of Fish and Wildlife (WDFW) through the Hydraulic Project Approval (HPA) permit. EXEMPTION JUSTIFICATION: Pursuant to RMC4-3-OSOC.S.e.ii Existing Parks, Trails, Roads, Facilities, and Utilities - Maintenance, Operation, Repair and RMC4-3-050C.5.e.v Vegetation Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks, of the Critical Areas Regulations is hereby granted: X Normal routine maintenance and repair of stormwater facilities located in streams, lakes, and associated wetlands and their buffers. ii. Existing Parks, Trails, Roads, Facilities, and Utilities — Maintenance, Operation, Repair: Normal and routine maintenance, operation and repair of existing parks and trails, streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities to meet established safety standards. 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 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. Essential tree and vegetation removal in streams, lakes, and associated wetlands X and their buffers for related stormwater facility maintenance activities. City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Exemption Citywide Drainage Maintenance Program LUA10-089 ECF, SME February 16, 2011 Page 3 of 4 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. Trees shall be retained as large woody debris in the corridor, where feasible. FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.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 re -vegetated with native vegetation as required as a condition of approval for this exemption. DECISION: An exemption from the critical areas regulations is approved for normal maintenance and repair of the Citywide stormwater infrastructure located within streams, lakes, and associated wetlands and their buffers in addition to essential vegetation and tree removal; subject to the following conditions. 1. Any native vegetation, located outside the work/access area, that is damaged or disturbed during maintenance activities shall be restored and/or replanted immediately following the maintenance activity. 2. Any trees required to be removed shall be replanted within the stream/wetland buffer corridor or the snags shall be left within the stream/wetland buffer corridor following the maintenance activity. SIGNATURE: a c" C.E. "Chip" Vincent, Planning D rector Planning Division City of Renton Department of Community & Economic Development Certificate of Exemption from Critical Areas Regulations Citywide Drainage Maintenance Program Crltcal Areas Exemption LUA10-089 ECF, SME, CAR DATE OF PERMIT: February 16, 2011 Page 4 of 4 APPEALS: Appeals of permit issuance must be filed with the City of Renton Hearing Examiner by 5:00 p.m. on March 2, 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: Five (5) years from the date of approval (signature date).