HomeMy WebLinkAboutD_ERC_Memo_Reconsideration_Request_Thunder Hills_20190117.pdfDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
ERC Memorandum
M E M O R A N D U M
DATE: January 17, 2019
TO: Environmental Review Committee
FROM: Jill Ding, Senior Planner
SUBJECT: Thunder Hills Sewer Interceptor Rehabilitation (LUA18-000678)
Request for Reconsideration of DNS-M
The Environmental Review Committee (ERC) reviewed the above mentioned application and issued a SEPA
Determination of Non-Significance Mitigated (DNS-M) on December 17, 2018 with one mitigation
measure:
1. Project construction shall comply with the recommendations found in the submitted Geotechnical
report prepared by Stantec dated February 13, 2015.
The DNS-M was published on December 21, 2018 with an appeal period that ended on January 4, 2019. A
request for reconsideration of the SEPA determination was received on January 4, 2019 from Karen Walter
of the Muckleshoot Tribe. The request for reconsideration requests that the stream, Thunder Hills, be
reclassified from a Type Ns to a Type F (see Exhibit 8) as the reclassification of the stream may change the
analysis of the impacts of the proposal and required additional mitigation measures through SEPA.
Staff Comment: The reconsideration request was provided to Stantec, who provided a response in a memo
dated January 11, 2019 (Exhibit 9). The work proposed includes maintenance of an existing sewer line
along Thunder Hills Creek. The proposed maintenance work along the stream qualifies as an exemption
from the City’s stream regulations in accordance with RMC 4-3-050C.3.e.ii, which applies as follows:
“Normal and routine maintenance, operation and repair of existing parks and trails, or the construction of
new 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 or to construct new trails 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.”
The proposal includes mitigation for stream buffer impacts, include the removal of invasive vegetation,
planting of native vegetation, and the placement of in-stream large woody debris. Stantec concluded the
proposed stream buffer mitigation would be the maximum needed to mitigate the impacts of the work
being proposed and would remain the same regardless of Thunder Hills Creek stream classification.
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ERC Memo on Reconsideration
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January 17, 2019
ERC Memorandum
Pursuant to RMC 4-3-050E.5.a., a stream reclassification requires a legislative amendment to the City’s
Mapping data base. The subject application is not the appropriate method to reclassify a stream type. A
legislative amendment requires City Council approval and is a process that is not associated with the
subject application.
Recommendation: The classification of the stream would not impact or alter the mitigation required for
the subject project. Therefore, no additional mitigation is recommended and the existing SEPA DNS-M
with one mitigation measure is upheld.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on January
31, 2019. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of
Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-
110 and more information may be obtained from the Renton City Clerk’s Office, (425) 430-6510.
Date of decision: January 17, 2019
Signatures:
Gregg Zimmerman, Administrator
Public Works Department
Date Rick M. Marshall, Administrator
Renton Regional Fire Authority
Date
Kelly Beymer, Administrator
Community Services Department
Date C.E. “Chip” Vincent, Administrator
Department of Community &
Economic Development
Date
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1/17/2019 | 5:04 PM PST
1/17/2019 | 12:59 PM PST 1/17/2019 | 3:09 PM PST
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Kyle Wunderlin
From:Cynthia Moya
Sent:Monday, January 07, 2019 11:08 AM
To:Brianne Bannwarth; Clark Close; Craig Burnell; Jason Seth; Jennifer T. Henning; Julia
Medzegian; Kyle Wunderlin; Leslie Clark; Shane Moloney; Vanessa Dolbee; Chip
Vincent; Jill Ding
Subject:FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation,
LUA18-000678
Attachments:WDFW Fish passage map for Thunder Hills Creek.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
I have attached a Request for Reconsideration regarding an Administrative Report & Decision for Thunder Hills Sewer
Interceptor Rehabilitation File – LUA‐18‐000678 we just received today at 10:54 am but Vanessa Dolbee received this
Request on Friday, January 4, 2019 at 12:47 pm.
Please copy our office on your response regarding this request.
Thank you,
Cindy Moya, City Clerk Specialist
City of Renton ‐ Administrative Services/City Clerk Division
cmoya@rentonwa.gov
425‐430‐6513
From: Vanessa Dolbee
Sent: Monday, January 07, 2019 10:54 AM
To: Cynthia Moya <CMoya@Rentonwa.gov>
Cc: Jill Ding <JDing@Rentonwa.gov>
Subject: FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18‐000678
Cindy,
Please find below a reconsideration request that was sent to me last Friday.
Vanessa Dolbee, Current Planning Manager
Community & Economic Development Department
Planning Division
1055 S Grady Way
Renton, WA 98057
(425)430‐7314
EXHIBIT 8DocuSign Envelope ID: ACD24CB8-176A-4955-96A2-76DF5CBDA965
2
From: Karen Walter [mailto:KWalter@muckleshoot.nsn.us]
Sent: Friday, January 04, 2019 12:47 PM
To: Vanessa Dolbee <VDolbee@Rentonwa.gov>
Cc: Jill Ding <JDing@Rentonwa.gov>; Gresham, Doug (ECY) <DGRE461@ECY.WA.GOV>; Meg Bommarito
<mbom461@ECY.WA.GOV>; Larry Fisher <Larry.Fisher@dfw.wa.gov>; Rains, Christy A (DFW)
<Christy.Rains@dfw.wa.gov>
Subject: FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18‐000678
Vanessa,
We received the City of Renton’s DNS-M for the Thunder Hills Sewer Interceptor Rehabilitation project dated December
21, 2018. Per the DNS-M, the City is maintaining that Thunder Hills Creek is a Type N (non-fish bearing water). We
disagree and provided information from the State of Washington that indicates the stream should be considered a Type F
water in the project area (see email below). No new data was provided by the City to refute the State’s findings nor does
it appear that the City carefully considered this information and re-evaluated the project accordingly.
The WDFW information we provided is more recent than any previous stream assessments conducted for the City’s
Critical Areas Ordinance. The criteria from the WAC represents the best available science for determining potential fish
habitat in absence of fish presence data. It is based on thousands of data points collected on streams in Washington
State that corresponded to fish presence and habitat features in a simplified approach. It has been accepted by WDNR,
WDFW, WDOE, NMFS, USFWS and others as the approach to evaluate potential fish habitat.
This project is where this criteria should be used based on known barriers and assess habitat. You see the known
barriers on Thunder Hills Creek near the project (see attached map; the links to it and the individual culvert reports are
found in our previous email below). The I-405 culvert downstream of the site has been deemed a fish passage barrier by
WDFWD and WSDOT and is on the State’s list to be fixed per the federal court injunction from U.S. v. Washington. This
culvert would not be on the list if there wasn’t at least 200 meters of potential salmon habitat above it.
Therefore, we respectfully request that the City of Renton reconsider the SEPA determination for this project based on an
inaccurate stream classification which would likely materially affect the impact analysis and potential mitigation measures
needed to address any unavoidable impacts.
Please advise.
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division
Habitat Program
39015-A 172nd Ave SE
Auburn, WA 98092
253-876-3116
From: Karen Walter
Sent: Monday, November 19, 2018 3:43 PM
To: Jill Ding
Subject: FW: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18-000678
Jill,
We got the NOA/ODNS for the City of Renton’s Thunder Hills project referenced above. I doubt I will have time to fully
review the documents before I go on leave starting this week; however, please note that Thunder Hills Creek is not a Type
Np stream. It is a Type F stream and would be used by salmon if not but for the downstream artificial barriers. This is
documented in WDFW’s assessment of the stream and is why the I-405 crossing of Thunder Hills Creek is on the State
barrier’s list subject to replacement per U.S. v Washington.
See http://apps.wdfw.wa.gov/fishpassage/
http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994417_Report.pdf
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http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994406_Report.pdf (This stream report mislabels the stream as
Rolling Hills Creek but it is Thunder Hills Creek)
If you recall, we noted Thunder Hills Creek potential fish bearing status to you in our comments to the Sam’s Club UST
removal project in August 2018.
An incorrect stream classification would likely affect the project’s impact assessment and mitigation needs. This should be
addressed with revised documents that go out for review prior to the City issuing any final environmental determination for
this project.
Thank you,
Karen Walter
Watersheds and Land Use Team Leader
Muckleshoot Indian Tribe Fisheries Division
Habitat Program
39015-A 172nd Ave SE
Auburn, WA 98092
253-876-3116
From: Kyle Wunderlin [mailto:KWunderlin@Rentonwa.gov]
Sent: Monday, November 19, 2018 2:19 PM
To: Karen Walter; Laura Murphy
Cc: Jill Ding
Subject: City of Renton LUA Acceptance: Thunder Hills Sewer Interceptor Rehabilitation, LUA18-000678
Hello,
Please see linked the documents for City of Renton LUA acceptance for the following project: Thunder Hills Sewer
Interceptor Rehabilitation, LUA18‐000678
Find the following documents linked:
Notice of Application
Environmental Checklist
Biological Assessment
Critical Areas Report
All other submittal documents may be found here. As the project progresses, more information will be available by
request and through our online Public Notice of Land Use Applications Map.
Thank you,
Kyle Wunderlin | Planning Technician | she/her/hers
City of Renton | CED | Planning Division
1055 South Grady Way | 6th Floor | Renton, WA 98057
Phone: (425) 430‐6583 | Fax: (425) 430‐7300 | kwunderlin@rentonwa.gov
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0 0.25 0.5 0.75 10.125 mi
Not a barrier
Partial FishPassageBlockage
Total FishPassageBlockageBarrier,UnknownPercentPassable
Diversion
Natural Barrier -Verified
Unknown
CorrectedBarriers
NHD Water CoursesCoastlineStream /PerennialIntermittent /Ephemeral
Canal, Ditch
Exported: 1/4/2019 12:39:32 PM
Washington State Fish Passage Map for
http://apps.wdfw.wa.gov/fishpassage/?extent=-122.2501,47.4508,-122.1631,47.4865
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0 0.25 0.5 0.75 10.125 mi
Not a barrier
Partial FishPassageBlockage
Total FishPassageBlockageBarrier,UnknownPercentPassable
Diversion
Natural Barrier -Verified
Unknown
CorrectedBarriers
NHD Water CoursesCoastlineStream /PerennialIntermittent /Ephemeral
Canal, Ditch
Exported: 1/4/2019 12:39:32 PM
Washington State Fish Passage Map for
http://apps.wdfw.wa.gov/fishpassage/?extent=-122.2501,47.4508,-122.1631,47.4865
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Exhibit A
To: Jill Ding, Senior Planner From: Kristi Rettmann
City of Renton, Community and Economic Development 1055 S Grady
Way, 6th Floor Renton, WA 98057
Stantec 11130 NE 33rd Place Suite 200 Bellevue WA 98004
File: 2002003611 Date: January 16, 2019
Reference: Clarification on Stream Classification and Exemption Status of the Thunder Hills Sewer Interceptor Rehabilitation Project - DNS-M SEPA Determination (LUA18-000678)
Due to the deterioration of the sewer interceptor caused by erosion and slope sloughing impacts to the existing sewer line, as well as inadequate manhole access, the Thunder Hills Sewer Interceptor Rehabilitation Project (Project) intended to repair and improve approximately 2,050 lineal feet of sewer main. Additionally, due to erosion, slope sloughing and inadequate width of the maintenance access road, it will also be necessary to improve approximately 37,574 square feet of maintenance access road, and stabilize slopes to help alleviate potential, future erosion issues. This is strictly a maintenance project to ensure continued operation of an existing sewer line necessary to service the surrounding residential area and provide only the necessary access to the sewer line as needed. This project will not require any work within the creek itself. The stream classification of Thunder Hills Creek and the exemption status of these project-related activities are described below.
Based on the table within RMC 4-3-050C.3, several activities within streams of any classification and their
associated buffers are exempt from permitting requirements of the critical area regulations for the City of
Renton. Regardless of stream classification, these permitted and exempt activities within the vicinity of
streams include but are not limited to maintenance, operation, repair, and the construction of new trails and
existing or new utilities. Since the project includes exempt activities specifically noted in RMC 4-3-050C.3.e.ii
and iii, the project is exempt from stream restoration requirements.
The proposed project does not include any in-water work, will not result in any direct stream impacts, but will
include temporary impacts to the stream buffer through vegetation clearing adjacent to the maintenance
access road, as well as unavoidable permanent combined wetland/stream buffer as a result of necessary
improvements to the existing maintenance access road. RMC 4-3-050.L.1.d requires that unavoidable
impacts be compensated on site unless demonstrated to be scientifically infeasible due to physical features of
the property. When mitigation cannot be provided on site, it must be provided “in the immediate vicinity of the
permitted activity on property owned or controlled by the applicant” (RMC 4-3-050.L.1.d.ii). In accordance with
that RMC, permanent impacts to combined stream/wetland buffers will be compensated within the project
area at a ratio of approximately one-to-one, resulting in approximately 42,945 square feet of existing buffer
enhancements (removal of invasive vegetation, planting of native vegetation, and monitoring and
maintenance of planted vegetation until establishment). Furthermore, although not required for this project
due to no in-water work, habitat enhancement work requested by WDFW and the Muckleshoot Tribe will
include the placement of in-stream large woody debris. As a result, the proposed stream buffer mitigation is
the maximum needed to mitigate the impacts of the work being proposed and would remain the same
regardless of Thunder Hills Creek stream classification.
Washington State databases and mapping applications were consulted for the current stream typing
classification for Thunder Hill Creek, determined by Washington Department of Natural Resources (WDNR).
Using the WDNR Forest Practices Application Mapping Tool (https://fpamt.dnr.wa.gov), Thunder Hills Creek is designated as a Type N stream, non-fish bearing (Figure 1). This classification was confirmed using the Northwest Indian Fisheries Commission (NWIFC) online tool for Statewide Integrated Fish Distribution (SWIFD) (https://geo.nwifc.org/swifd/), which also indicates that Thunder Hills Creek is Type N stream (Figure
EXHIBIT 9DocuSign Envelope ID: ACD24CB8-176A-4955-96A2-76DF5CBDA965
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Jill Ding, Senior Planner
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2). In addition, both the SWIFD and the Washington Department of Fish and Wildlife’s (WDFW) SalmonScape
mapping tool (http://apps.wdfw.wa.gov/salmonscape/map.html) show no documented, presumed, or potential
salmonid fish distributions present in Thunder Hills Creek.
As part of WDFW’s Fish Passage Program, the Washington State Fish Passage Map Application
(https://geodataservices.wdfw.wa.gov/hp/fishpassage/index.html) indicates four (4) barriers on Thunder Hills Creek (Figure 3). These barriers include the culvert under I-405 (Site 994406), a small stormwater drain from
nearby apartment complex (Site 994416), an artificial boulder and cobble cascade (Site 921151) leading to a boulder dam (Site 994418), and a concrete culvert at the top of the stream that receives water from a closed
surface water management system to drain surround roads and parking lots (Site 930876). Each barrier is designated as “Total Fish Blockage”, and two (994416 and 994418) are further designated as being “On a
Non-Fish Bearing Stream”.
Each of these barriers has a report filed by WDFW biologists that assess the barrier and potential fish habitat above the barrier, as per the protocols in “Fish Passage and Surface Water Diversion Screening Assessment
and Prioritization Manual” (WDFW 2009). The report for Site 994406 displays photos of culverts and barriers on the downstream side of I-405, not the upstream end of the culvert running under the interstate, and incorrectly displays some photos of Site 994407 as being from Site 994406. Reports for Sites 994416 and 994418 both specifically mention the structures are on a small non-fish bearing stream.
Habitat assessments are conducted when the goal or objective of the fish passage inventory is to prioritize
barriers for correction. Prioritization helps ensure projects that have the greatest benefits to fish are constructed first. It also provides the ability to compare similar projects in different watersheds, taking into
account the benefits to fish as well as other pertinent factors such as project cost and fish stock status. These assessments are not an indication of or confirmation of salmon or trout presence within a given stream. They
assess the condition and quantities of potential spawning and rearing habitat that could be available in the event fish passage barriers be corrected.
Additional supporting information or clarification can be provided upon request.
Thank you,
Kristi Rettmann M.Sc., CESCL
Environmental Scientist
Phone: 425.214.3901
kristi.rettmann@stantec.com
Attachments: Figure 1. WDNR Forest Practices Application Mapping Tool output showing Thunder Hills Creek as a Type N stream (green).
Figure 2. NWIFC online tool for Statewide Integrated Fish Distribution (SWIFD) indicating Thunder Hills as a Type N stream.
Figure 3. Mapping output from the Washington State Fish Passage Map Application for Thunder Hills.
References:
Washington Department of Fish and Wildlife (WDFW). 2009. Fish Passage and Surface Water Diversion Screening Assessment and Prioritization Manual.
Washington Department of Fish and Wildlife. Olympia, Washington.
Washington Department of Fish and Wildlife (WDFW). 2018. Fish Passage and Diversion Screening Inventory Database Site Reports, site 994406.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994406_Report.pdf
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Washington Department of Fish and Wildlife (WDFW). 2018. Fish Passage and Diversion Screening Inventory Database Site Reports, site 994417.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994417_Report.pdf
Washington Department of Fish and Wildlife (WDFW). 2019. Fish Passage and Diversion Screening Inventory Database Site Reports, site 921151.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/921151_Report.pdf
Washington Department of Fish and Wildlife (WDFW). 2019. Fish Passage and Diversion Screening Inventory Database Site Reports, site 930876.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/930876_Report.pdf
Washington Department of Fish and Wildlife (WDFW). 2019. Fish Passage and Diversion Screening Inventory Database Site Reports, site 994416.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994416_Report.pdf
Washington Department of Fish and Wildlife (WDFW). 2019. Fish Passage and Diversion Screening Inventory Database Site Reports, site 994418.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994418_Report.pdf
Washington Department of Fish and Wildlife (WDFW). 2019. Fish Passage and Diversion Screening Inventory Database Site Reports, site 994419.
Accessed on 01/08/2019: http://apps.wdfw.wa.gov/fishpassagephotos/Reports/994419_Report.pdf
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Figure 1. WDNR Forest Practices Application Mapping Tool output showing Thunder Hills Creek as a
Type N stream (green).
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Figure 2. NWIFC online tool for Statewide Integrated Fish Distribution (SWIFD) indicating Thunder
Hills as a Type N stream.
99440
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Figure 3. Mapping output from the Washington State Fish Passage Map Application for Thunder Hills. Site numbers have been added.
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