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HomeMy WebLinkAboutD_Admin_Decision_Broodstock_Collection_Facility_Geo_Borings_190301.pdfDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT AND CRITICAL AREAS REGULATIONS DATE: March 1, 2019 PROJECT NUMBER: LUA19-000013, SME, CAE PROJECT NAME: Broodstock Collection Facility Geo Borings PROJECT MANAGER: Jeffrey Taylor, Assistant Planner OWNER: City of Renton Robert Ebert 1055 S Grady Way Renton, WA 98057 APPLICANT: Seattle Public Utilities Kay Tesuwan 700 5th Ave Seattle, WA 98104 LOCATION: 1519 Bronson Way N, 98055 Renton, Washington and unaddressed vacant land to the south identified as APN 172305901. DESCRIPTION: The applicant, Seattle Public Utilities (SPU), is requesting a Shoreline Exemption and Critical Areas Exemption for geotechnical exploration around the Renton Community Center. The work is located at 1519 Bronson Way N (APN 1723059013) and the unaddressed vacant land to the south located at APN 172305901. The project site is located in the Commercial Office Residential (COR) zoning district. The 19.96 acre site to the north, and 1.06 acre site to the south, are located within a high seismic hazard area, a 100-year flood hazard area (FEMA Zone – AE), a wellhead protection area, and the High Intensity Regulated Shoreline Overlay within Reach C of the Cedar River (CR-C). The borings are necessary for research and site investigative work to support the design of a future upgrade to the existing broodstock collection facility on the Cedar River. The broodstock facility was constructed to fulfill a mitigation agreement to offset habitat loss for spawning sockeye salmon resulting from the continued operation of the Landsburg Diversion Dam. SPU now intends to upgrade the existing broodstock facility to improve its function. This will increase broodstock capture in order to meet prescriptive fish collection quotas established in the mitigation agreement. It will also improve safety by minimizing the level of maintenance required during operation. Three (3) drilled excavations (See attached site plan) are proposed. Two (2) to the south of the Cedar River, and one (1) to the north. Truck-mounted drill equipment would be used to complete the drilled exploration of the strata adjacent to the river (roughly 20-25 feet below ground surface). All proposed work would occur landward of the Ordinary High Water Mark and all BMPs will be followed in order to ensure wildlife is not impacted. No vegetation is anticipated to DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 City of Renton Department of Community & Economic Development Certification of Exemption Broodstock Collection Facility Geo Borings LUA19-000013, SME, CAE be removed as part of the project. If any vegetation removal is necessary, it would be limited to only what is necessary for completion of the project and removed exclusively with hand tools. Any disturbed areas will be restored to their original condition once data has been retrieved from the bore holes. The third bore hole will be temporarily used as a monitoring well for a six (6) month period. After this time, the well will be decommissioned in accordance with Washington State Department of Ecology regulations and the land will be restored to its original condition. No structures will be constructed as part of the project and all work will be limited to subsurface exploration which is not anticipated to affect the aesthetic quality of the area. The project is not anticipated to interfere with the public use of the trail system and no closures are necessary to complete the work. The drilling is anticipated to be completed in March of 2019. SEC-TWN-R: LEGAL DESCRIPTION: (King County Assessor) NW17 – 23 - 5 POR OF GL 4 IN W 1/2 & SW 1/4 OF NE 1/4 & SE 1/4 LY BTWN COLUMBIA & PUGET SOUND R/W & RENTON-MAPLE VALLEY RD & NLY OF LN BEG ON WLY MARGIN OF SAID ROAD 80 FT NWLY FROM S LINE OF NE 1/4 TH S 47-52-00 W 273.22 FT TH S 88-26-00 W 251.95 FT TH S 39-24-35 W 73.20 FT TH N 79-04-40 W 176.04 FT TH S 27-52-20 W LESS ST HW LESS BEG INTSN SELY LINE & SLY MGN OF MAPLE VALLEY RD TH NWLY ALG SD MGN 60 FT TO POB TH CONTG NWLY 100 FT TH SWLY PLW SD SELY LN 225 FT TH SELY PLW SD MGN 100 FT TH NELY 225 FT TO POB LESS POR LY NWLY OF A LN BAAP OPPOSITE HWY ENGR STA HES LN 259+91.82 P C ON THE LN LINE SURVEY OF SR 405 RENTO S CURVES & 80 FT SELY THEREFROM TH NELY PLW SD LN SURVEY TAP OPPOSITE HES LN 267+60 TH NELY TAP OPPOSITE HES LN 271+00 ON SD LINE SURVEY & 114 FT SELY THEREFROM TH NELY PLW SD LINE SURVEY TAP OPPOSITE HES LN 273+00 POT THEREON & END OF LINE FOR STATE HWY LESS POR FOR RD PER DEED #20050418000001 SEC-TWN-R: LEGAL DESCRIPTION: (King County Assessor) Sw17 – 23 - 5 POR OF GOV LOT 5 IN SW 1/4 LY NLY OF PACIFIC COAST RR B N R R CO TGW POR OF SW 1/4 LY ELY OF STATE HWY SR 405 & NLY OF PACIFIC COAST RR B N RR CO & SLY OF CEDAR RIVER LESS POR LY ELY OF R/W OF NEW CASTLE BRANCH & NELY OF R/W OF BLACK DIAMOND BRANCH C & PS RY & CEDAR RIVER BEING A TRIANGULAR PIECE WATER BODY/REACH: Cedar River, Reach C CRITICAL AREA(S): High Seismic Hazard Area, 100-year Flood Hazard Area (FEMA Zone – AE), and a Wellhead Protection Area CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is hereby APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and Nonconforming Activities” and for the following reasons: Site Investigative work is exempt from permit requirements within critical areas and associated buffers in accordance with RMC 4.3.050C.3.b, within Flood Hazard Areas, Geological Hazard Areas, and Wellhead Protection Zones subject to the following standards: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities are a permitted use. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one-to-one (1:1) ratio. The proposal shall not disturb more than 5% of the critical area and required buffer. DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 City of Renton Department of Community & Economic Development Certification of Exemption Broodstock Collection Facility Geo Borings LUA19-000013, SME, CAE Impacts have been minimized by containing the disturbed area to land within the drill sites with minor impacts anticipated to vegetation and the surrounding area. The proposal shall be immediately restored at a one-to-one (1:1) ratio. SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development Permit, is hereby APPROVED on the proposed project in accordance with RMC 4.9.190C “Exemption from Permit System” and for the following reasons: “Normal Maintenance” includes those usual acts to prevent decline, lapse, or cessation from a lawfully established condition. “Normal Repair” means to restore a development to a state comparable to its original condition, including by not limited to it 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. 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. 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. Within existing and improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable, restoration of disturbed areas shall be completed. CRITICAL AREA EXEMPTION FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d: i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv. Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required. v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data SHORELINE EXEMPTION FINDINGS: The proposed development is consistent with: i. The policies of the Shoreline Management Act. ii. The City of Renton Shoreline Master Program. DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 City of Renton Department of Community & Economic Development Certification of Exemption Broodstock Collection Facility Geo Borings LUA19-000013, SME, CAE DECISION: The Broodstock Collection Facility Geo Borings critical areas and shoreline exemption, LUA 19-000013, SME, CAE, is approved and is subject to the following condition: 1. The applicant shall contact Katie Nolan, Civil Engineer III at knolan@rentonwa.gov or 425-430-7335 prior to project commencement and have her, or her designated representative, present on site to monitor the project. 2. The applicant shall comply with all the conditions of the City of Renton Right of Entry Permit, attached. SIGNATURE & DATE OF DECISION: Jennifer Henning, Planning Director Date 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. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on March 7, 2019. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510. EXPIRATION: Two (2) years from the date of decision (date signed). Attachments: Site Plan Right of Entry Permit DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 3/1/2019 | 2:54 PM PST DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702 DocuSign Envelope ID: 65ED123C-24D5-4E70-A94E-09B668B09702