HomeMy WebLinkAboutC_ERC_Determination_Internal_Barbee_Mill_Dock_Bumpers_DNS_190412
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
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. Vincent, Administrator Date
Department Of Community & Economic Development
ENVIRONMENTAL (SEPA) DETERMINATION OF
NON-SIGNIFICANCE (DNS)
PROJECT NUMBER: LUA19-000042, ECF, SSDP
APPLICANT: Barbee Mill Community Organization, 325 118th Ave, Ste 204, Bellevue, WA 98005
PROJECT NAME: Barbee Mill Dock Bumpers
PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and a Shoreline
Substantial Development Permit for the installation of fifty (50) urethane foam bumpers on the Barbee Mill Community
Organization dock located at 4151 Williams Ave N (Parcel #0518500350). Each bumper is approximately 4.5" x 30" and
will be installed above the water in order to improve to prevent injuries to dock users. The proposed bumpers would be
located along the perimeter of the dock within the DNR-owned parcel #051850HYDR. The subject parcel is located in the
Aquatic Shoreline Overlay District. The dock was constructed in 2010 under a separate Shoreline Substantial Development
Permit and Environmental (SEPA) Review (LUA10-006). The upland portion of the site is zoned Residential 10 du/ac (R-10)
and is designated Residential High Density in the Comprehensive Plan. The waterward portion of the site is located in the
Lake Washington Reach C and is designated Shoreline High Intensity. The applicant submitted a Biological Assessment and
Habitat Data Report with the application.
PROJECT LOCATION: 4151 Williams Avenue N (APN 0518500350)
LEAD AGENCY: City of Renton
Environmental Review Committee
Department of Community & Economic Development
The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse
impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This
Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be
involved, the lead agency will not act on this proposal for fourteen (14) days.
Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on April 26, 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.
PUBLICATION DATE: April 12, 2019
DATE OF DECISION: April 8, 2019
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4/8/2019 | 12:17 PM PDT
4/8/2019 | 9:04 AM PDT
4/8/2019 | 9:26 AM PDT
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Page 1 of 1 LUA19-000042
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative land use
action. Because these notes are provided as information only, they are not subject to the appeal process for
the land use action.
Planning:
(Contact: Name, 425-430-7219, amorganroth@rentonwa.gov)
1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless
otherwise approved by the Development Services Division.
2. Commercial, multi-family, new single family and other nonresidential construction activities shall be
restricted to the hours between seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through
Friday. Work on Saturdays shall be restricted to the hours between nine o’clock (9:00) a.m. and eight
o’clock (8:00) p.m. No work shall be permitted on Sundays.
3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an
appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where
no further construction work will occur within ninety (90) days. Alternative measures such as mulch,
sodding, or plastic covering as specified in the current King County Surface Water Management Design
Manual as adopted by the City of Renton may be proposed between the dates of November 1st and
March 31st of each year. The Development Services Division’s approval of this work is required prior to
final inspection and approval of the permit.
4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is
being cleared.
5. The applicant will be required to submit a Final Stream Mitigation Report and Maintenance and
Monitoring proposal. In addition, the applicant will be required to comply with all the code requirements
of RMC 4-3-050 Critical Areas. This includes, but is not limited to, placing the critical area within a Native
Growth Protection Easement, providing fencing and signage, and providing the City with a site
restoration surety device and, later, a maintenance and monitoring surety device.
6. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the
area defined by the drip line of any tree to be retained.
7. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around
the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be
placed on fencing every fifty feet (50') indicating the words, “NO TRESPASSING – Protected Trees” or on
each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups
of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the
applicant shall provide supervision whenever equipment or trucks are moving near trees.
8. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible
for adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and
/or your U.S. Fish and Wildlife Service permit.
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DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_ERC Report_Barbee Mill Dock Bumpers_190404
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC MEETING DATE: April 4, 2019
Project Name: Barbee Mill Dock Bumpers
Project Number: LUA19-000042, ECF, SSDP
Project Manager: Alex Morganroth, Associate Planner
Owner/Applicant: Barbee Mill Community Organization, 325 118th Ave, Ste 204, Bellevue, WA 98005
Contact: Evan Wehr, Ecco Design, Inc., 203 N 36th St, Seattle, WA 98103
Project Location: 4151 Williams Ave N (Parcel #0518500350)
Project Summary: The applicant is requesting Environmental (SEPA) Review and a Shoreline
Substantial Development Permit for the installation of fifty (50) urethane foam
bumpers on the Barbee Mill Community Organization dock located at 4151 Williams
Ave N (Parcel #0518500350). Each bumper is approximately 4.5" x 30" and will be
installed above the water in order to prevent injuries to dock users. The proposed
bumpers would be located along the perimeter of the dock within the DNR-owned
parcel #051850HYDR. The subject parcel is located in the Aquatic Shoreline Overlay
District. The dock was constructed in 2010 under a separate Shoreline Substantial
Development Permit and Environmental (SEPA) Review (LUA10-006). The upland
portion of the site is zoned Residential 10 du/ac (R-10) and is designated Residential
High Density in the Comprehensive Plan. The waterward portion of the site is
located in the Lake Washington Reach C and is designated Aquatic Shoreline Overlay
District. The applicant submitted a Biological Assessment and Habitat Data Report
with the application.
Site Area: 14,000 SF (0.32 acres)
STAFF
RECOMMENDATION:
Staff Recommends that the Environmental Review Committee issue a
Determination of Non-Significance (DNS).
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
BARBEE MILL COMMUNITY DOCK BUMPERS LUA19-000042, ECF, SSDP
Report of April 4, 2019 Page 2 of 3
SR_ERC Report_Barbee Mill Dock Bumpers_190404
PART ONE: PROJECT DESCRIPTION / BACKGROUND
The project site is located at the former Barbee Mill lumber mill site which is now the Barbee Mill residential
subdivision. The proposed bumpers would be installed on a community dock located within Lake Washington along
the subdivision’s shoreline, which is a Shoreline of the State and falls under the City’s regulated Shoreline Jurisdiction.
The proposed location of the bumpers is within a DNR lease parcel (#0518500350). The applicant submitted an
approved Joint Aquatic Resources Permit Application (JARPA) with the application (Exhibit 7).
PART TWO: ENVIRONMENTAL REVIEW
In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts
that are not adequately addressed under existing development standards and environmental regulations.
A. Environmental Threshold Recommendation
Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials:
Issue a DNS with a 14-day Appeal Period.
B. Mitigation Measures
None
C. Exhibits
Exhibit 1 Environmental Review Committee Report
Exhibit 2 Neighborhood Detail Map
Exhibit 3 Site Plan
Exhibit 4 DNR Aquatic Lands Lease
Exhibit 5 Biological Evaluation/Habitat Data Report prepared by Marine Surveys and Assessments
(dated January 19, 2010).
Exhibit 6 Lake Study prepared by Marine Surveys and Assessments
Exhibit 7 Bumper Manufacturers Specifications
Exhibit 8 Joint Aquatic Resources Permit Application
Exhibit 9 Plan Review Comments to Applicant
The proposal was circulated and reviewed by various city departments and divisions to determine whether the
applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with
the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable
impacts:
1. Water (Streams/Lakes)
Impacts: The applicant submitted a Biological Assessment and Lake Study prepared by Marine Surveys and
Assessments (Exhibits 5 and 6) for the original Barbee Mill Community Dock Project (LUA10-006). According
to RMC 4-3-090, docks and piers are required to use materials that do not adversely affect water quality or
aquatic plants and animals over the long term. The applicant has proposed the installation of 30” tall
polyurethane bumpers, which would be installed vertically along the perimeter of the dock in order to prevent
boats from drifting under the deck when loading or unloading passengers. Polyurethane is a plastic material
which is extremely durable and is commonly used in dock applications due to its resistance to degradation
from light, temperature extremes, and salt. The bumpers would be located above the OHWM and would not
require in-water work to install. The original Lake Study for the community dock concluded that the dock and
boatlift would not create any significant new impacts to the shoreline and state.
Mitigation Measures: None
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City of Renton Department of Community & Economic Development Environmental Review Committee Report
BARBEE MILL COMMUNITY DOCK BUMPERS LUA19-000042, ECF, SSDP
Report of October 18, 2018 Page 3 of 3
SR_ERC Report_Barbee Mill Dock Bumpers_190404
2. Plants and Wildlife
Impacts: The proposed project would take place over the water and above the ordinary high water mark. No
disturbance of the restored upland vegetation would occur. Existing riparian vegetation and additional
plantings installed during construction of the Community Dock project are now adequately established and
now provide a source of food, shelter, and shade for aquatic invertebrates and fish. The Biological
Evaluation/Habitat Data Report (Exhibit 5) submitted as part of the original Community Dock project identified
the following bird species observed on or near the project site: hawks, herons, eagles, quail, osprey,
cormorants, and songbirds. In addition, the study indicates that salmonids observed at the site includes
salmon and trout. Salmonids known to be present in southern Lake Washington include Puget Sound Chinook
salmon, Coho salmon, sockeye salmon, steelhead trout, bull trout and cutthroat trout. Puget Sound Chinook,
Puget Sound steelhead and bull trout are all listed as threatened under the Endangered Species Act (ESA).
As a result of previous remediation completed during construction of the Community Dock, shoreline that was
previously unsuitable habitat for fish and other aquatic life due to extensive shoreline modifications and
industrial use of the site has been restored. The restored gravel substrate and gently sloping bottom should
provide favorable habitat for winter rearing of salmon fry. The new gravel substrate to the north and the
existing cobble on the subject site should be suitable habitat for benthic invertebrates which would likely
attract juvenile salmonids. Due to both the location of the bumpers on an existing structure and the previously
implemented mitigation efforts included as part of the Community Dock project, impacts to both wildlife and
plants created by bumper installation are expected to be minimal. Conditions that would help mitigate project
impacts may be added to the Shoreline Substantial Development Permit expected to be issued for the
proposed bumpers.
Mitigation Measures: None
The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments
have been incorporated into the text of this report and/or listed under Exhibit 9 “Plan Review Comments to
Applicant”.
Copies of all Review Comments are contained in the Official File and may be attached to this report.
The Environmental Determination 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).
Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing
together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on
or before 5:00 p.m. on April 26, 2019. RMC 4-8-110 governs appeals to the Hearing Examiner and additional
information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall – 7th Floor,
(425) 430-6510.
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CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
STAFF REPORT TO THE ENVIRONMENTAL REVIEW COMMITTEE
EXHIBITS
Project Name:
Barbee Mill Dock Bumpers
Project Number:
PR18-000465
Date of Meeting
April 8, 2019
Staff Contact
Alex Morganroth
Associate Planner
Project Contact
Evan Wehr, Ecco Design, Inc
203 36th St, Seattle, WA 98103
Project Location
4151 Williams Ave N
(Parcel #0518500350)
The following exhibits are included with the ERC Report:
Exhibit 1: Environmental Review Committee (ERC) Report
Exhibit 2: Neighborhood Detail Map
Exhibit 3: Site Plan
Exhibit 4: DNR Aquatic Lands Lease
Exhibit 5: Biological Evaluation/Habitat Data Report prepared by Marine Surveys and Assessments
(dated January 19, 2010).
Exhibit 6: Lake Study prepared by Marine Surveys and Assessments (dated January 22, 2010).
Exhibit 7: Manufacturers Specs
Exhibit 8: JARPA Aquatic Use Authorization (dated August 8, 2018).
Exhibit 9: Plan Review Comments to Applicant
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SITE
LAKE WASHINGTON BLVD. NN 42ND PL.
N 41ST PL.WILLIAMS AVE. NWELLS AVE. NN 4
0
T
H
P
L
.LAKEWASHINGTONNEIGHBORHOOD DETAIL MAP
SCALE 1" = 200'
0 500 FT
RECEIVED
03/13/2019
amorganroth
PLANNING DIVISION
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
PROJECT INFORMATION
VICINITY MAP
OWNER:
BARBEE MILL COMMUNITY ORGANIZATION
SITE ADDRESS:
4151 WILLIAMS AVE N
RENTON, WA 98056
BODY OF WATER:
LAKE WASHINGTON
PARCEL NUMBER:
0518500350, 3224059066
LEGAL DESCRIPTION:
(0518500350)
BARBEE MILL TGW UND INT IN TRS A,B,C,D,E,F,G,
H,I,L,M,N,O & P TR 35 RENTON LLA #
LUA-10-023-LLA REC# 20120802900003 SD LLA
DAF- LOTS 35 & 36 SD PLAT, PLAT LOT 35
(3224059066)
AREA IN FRONT OF GL 1-SEE MINOR #9034 DNR
LEASE # 23-077640 17.17 AC
PROJECT DESCRIPTION:
INSTALL FIFTY 4.5" BY 36" URETHANE FOAM
VERTICAL DOCK BUMPERS ON THE EXISTING
PIER.
PROJECT SITE:
LAT: 47.52966° N
LON: -122.20505° W
NW 1/4 S:32 T:24N R:5E
PLEASE NOTE THAT THE SHORELINE
CONFIGURATION AND PROPERTY LINE
LOCATIONS ARE APPROXIMATE ONLY.
PROPERTY LINES ARE BASED ON AN
AUGUST 2012 SURVEY BY CORE DESIGN.
A1.0
REVISIONS:
DATE:1/18/2019
BARBEE MILL PIER BUMPERS4151 WILLIAMS AVENUE NRENTON, WA 98056PROJECT INFO
SITE PLAN
Architecture & Design
203 N 36th Street, Ste. 201
Seattle, WA 98103
MICHAEL & DOROTHY URBAN
4157 WILLIAMS AVE N
BARBEE MILL COMMUNITY ORGANIZATION
4151 WILLIAMS AVE N
BARBEE MILL WATERFRONT LLC
4125 WILLIAMS AVE N
GARY & BRENDA BEEM
4119 WILLIAMS AVE N
YINAN HE & MA HONG
4163 WILLIAMS AVE N
OHWM 21.85' @ BULKHEAD
OHWM 21.85' @ SHORELINE
EXISTING COMMUNITY DOCK
TO REMAIN
EXISTING ADJACENT
DOCK TO REMAIN
DEPT. OF NATURAL RESOURCES
PARC. # 3224059066
45'S I T E P L A N
SCALE 1" = 20'-0"WILLIAMS AVE. NN 89°04'39" W
159.48'N 01°06'32" E31.42'N 19°09'31" W
10.20'
N 89°04'39" W 159.48'
134.33'N 02°17'14" W41.06'19.92'N 89°04'39" W
129.28'
N 44°15'28" E 6.86'
N 89°04'39" W
29.11'N 01°06'32" E 72.06'N 00°55'21" E 72.06'N 89°04'39" W
166.19'
N 89°04'39" W
166.43'24.88'42'DECKEASEMENT REC. NO. 20120802900003
HOUSE
DNR WITHDRAWL AREA
PER DNR LEASE NO. 22-086046
EASEMENT REC. NO. 20180419000292
EXISTING BOAT
LIFT TO REMAIN
50'15'15'EASEMENT REC. NO. 2014032700085650'INSTALL 50 BUMPERS ON
EXISTING PIER, TYP.
180'
60'56'48'24'40'
OHW 21.85'1'-6"EXISTING DOCK
WALKWAY
INSTALL NEW 4.5" BY 36"
VERTICAL DOCK BUMPER
(URETHANE FOAM)3'-0"6"BUMPER DETAIL
SCALE 1/2" = 1'-0"
4 1/2"
RECEIVED
03/13/2019
amorganroth
PLANNING DIVISION
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
When recorded, return to: CONFORMED COPY
Barbee Mill Community Organization
c/o Charles F. Conner, President 20130313001499 846 108111 Ave NE
Bellevue, WA 98004-4304 JOHNS MOROE MI LE 103.00 PAGE-001 OF 032 03/13/2013 13:52
WASHINGTON STATE DEPARTMENT OF
Natural Resources
Peter Goldmark-Commissioner of Public Lands
AQUATIC LANDS LEASE
Lease No. 22-086046
Grantor: Washington State Department ofNatural Resources
Grantee(s): Barbee Mill Community Organization
Legal Description: Section 32, Township 24 North, Range 5 East, W.M.
Assessor's Property Tax Parcel or Account Number: 322405-9066
Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with
this lease: 051850-0350
THIS LEASE is between the STATE OF WASHINGTON, acting through the Department of
Natural Resources ("State"), and BARBEE MILL COMMUNITY ORGANIZATION, a
Washington Corporation ("Tenant").
BACKGROUND
Tenant desires to lease the aquatic lands commonly known as Lake Washington, which is a harbor
area located in King County, Washington, from State, and State desires to lease the property to
Tenant pursuant to the terms and conditions of this Lease. State has authority to enter Lease under
Chapter 43 .12, Chapter 43.30 and Title 79 ofthe Revised Code ofWashington (RCW).
THEREFORE, the Parties agree as follows:
Aquatic Lands Lease Page I of 32 Lease No. 22-086046
RECEIVED
03/13/2019
amorganroth
PLANNING DIVISION
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SECTION! PROPERTY
1.1 Property Defined.
(a) State leases to Tenant and Tenant leases from State the real property described in
Exhibit A together with all the rights of State, if any, to improvements on and
easements benefiting the Property, but subject to the exceptions and restrictions
set forth in this Lease (collectively the "Property").
(b) This Lease is subject to all valid interests of third parties noted in the records of
King County, or on file in the office of the Commissioner of Public Lands,
Olympia, Washington; rights of the public under the Public Trust Doctrine or
federal navigation servitude; and treaty rights of Indian Tribes.
(c) This Lease does not include a right to harvest, collect or damage natural
resources, including aquatic life or living plants; water rights; mineral rights; or a
right to excavate or withdraw sand, gravel, or other valuable materials.
(d) State reserves the right to grant easements and other land uses on the Property to
others when the easement or other land uses will not interfere unreasonably with
the Permitted Use.
1.2 Survey and Property Descriptions.
(a) Tenant prepared Exhibit A, which describes the Property. Tenant warrants that
Exhibit A is a true and accurate description of the Lease boundaries and the
improvements to be constructed or already existing in the Lease area. Tenant's
obligation to provide a true and accurate description of the Property boundaries is
a material term of this Lease.
(b) State's acceptance of Exhibit A does not constitute agreement that Tenant's
property description accurately reflects the actual amount of land used by Tenant.
State reserves the right to retroactively adjust rent if at any time during the term of
the Lease State discovers a discrepancy between Tenant's property description
and the area actually used by Tenant.
(c) State accepts a preliminary Exhibit A upon the Commencement Date of this
Lease. Tenant shall submit a final Exhibit A for State's approval within one (1)
year of the Commencement Date. Upon State's written approval, the final
Exhibit A supersedes the preliminary Exhibit A. Until superseded, the
preliminary Exhibit A has full legal effect.
1.3 Inspection. State makes no representation regarding the condition of the Property,
improvements located on the Property, the suitability of the Property for Tenant's Permitted Use,
compliance with governmental laws and regulations, availability of utility rights, access to the
Property, or the existence of hazardous substances on the Property. Tenant inspected the
Property and accepts it "AS IS."
Aquatic Lands Lease Page 2 of32 Lease No. 22-086046
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SECTION 2 USE
2.1 Permitted Use. Tenant shall use the Property for purpose of constructing, maintaining
and repairing a new community dock to provide lake access and transient moorage for
approximately 100 upland property owners, with one finger pier to provide private moorage for
one adjacent upland property owner (the "Permitted Use") and for no other purpose. This is a
water-dependent use. Exhibit B describes the Permitted Use in detail. The Permitted Use is
subject to additional obligations in Exhibit B.
2.2 Restrictions on Permitted Use and Operations. The following limitations apply to the
Property and adjacent state-owned aquatic land. Tenant's compliance with the following does
not limit Tenant's liability under any other provision of this Lease.
(a) Tenant shall not cause or permit:
(1) Damage to natural resources,
(2) Waste, or
(3) Deposit of material, unless approved by State in writing. This prohibition
includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage,
waste matter, pollutants of any type, or other matter.
(b) Tenant shall not cause or permit scour or damage to aquatic land and vegetation.
This prohibition includes the following limitations:
( 1) Tenant shall not use or allow use of a pressure washer to clean underwater
surfaces unless the water is deeper than seven (7) feet at the time.
(c) Unless approved by State in writing, Tenant shall not cause or permit dredging on
the Property. State will not approve dredging unless (1) required for flood
control, maintenance of existing vessel traffic lanes, or maintenance of water
intakes and (2) consistent with State's management plans, if any. Tenant shall
maintain authorized dredge basins in a manner that prevents internal deeper
pockets.
2.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all
conditions and terms of permits, licenses, certificates, regulations, ordinances, statutes, and other
government rules and regulations regarding Tenant's use or occupancy of the Property.
2.4 Liens and Encumbrances. Unless expressly authorized by State in writing, Tenant shall
keep the Property free and clear of liens or encumbrances arising from the Permitted Use or
Tenant's occupancy ofthe Property.
SECTION 3 TERM
3.1 Term Defined. The term of this Lease is twelve (12) years (the "Term"), beginning on
the 1st day of October, 2012 (the "Commencement Date"), and ending on the 30th day of
September, 2024 (the "Termination Date"), unless terminated sooner under the terms of this
Lease.
Aquatic Lands Lease Page 3 of32 Lease No. 22-086046
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3.2 Renewal of the Lease. This Lease does not provide a right of renewal. Tenant may
apply for a new lease, which State has discretion to grant. Tenant must apply for a new lease at
least one (1) year prior to Termination Date. State will notify Tenant within ninety (90) days of
its intent to approve or deny a new Lease.
3.3 End of Term.
(a) Upon the expiration or termination of this Lease, Tenant shall remove
Improvements in accordance with Section 7, Improvements, and surrender the
Property to State in the same or better condition as on the Commencement Date,
reasonable wear and tear excepted.
(b) Definition of Reasonable Wear and Tear.
(1) Reasonable wear and tear is deterioration resulting from the Permitted Use
that has occurred without neglect, negligence, carelessness, accident, or
abuse of the Property by Tenant or any other person on the premises with
the permission of Tenant.
(2) Reasonable wear and tear does not include unauthorized deposit of
material prohibited under Paragraph 2.2 regardless of whether the deposit
is incidental to or the byproduct of the Permitted Use.
(c) If Property is in worse condition, excepting for reasonable wear and tear, on the
surrender date than on the Commencement Date, the following provisions apply.
(1) State shall provide Tenant a reasonable time to take all steps necessary to
remedy the condition of the Property. State may require Tenant to enter
into a right-of-entry or other use authorization prior to the Tenant entering
the Property if the Lease has terminated.
(2) If Tenant fails to remedy the condition of the Property in a timely manner,
State may take steps reasonably necessary to remedy Tenant's failure.
Upon demand by State, Tenant shall pay all costs of State's remedy,
including but not limited to the costs of removing and disposing of
material deposited improperly on the Property, lost revenue resulting from
the condition of the Property, and administrative costs associated with the
State's remedy.
3.4 Holdover.
(a) If Tenant remains in possession of the Property after the Termination Date, the
occupancy will not be an extension or renewal of the Term. The occupancy will
be a month-to-month tenancy, on terms identical to the terms of this Lease, which
either Party may terminate on thirty (30) days' written notice.
(1) The monthly rent during the holdover will be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made
in accordance with its terms.
(2) Payment of more than the monthly rent will not be construed to create a
periodic tenancy longer than month-to-month. If Tenant pays more than
the monthly rent and State provides notice to vacate the property, State
shall refund the amount of excess payment remaining after the Tenant
ceases occupation ofthe Property.
Aquatic Lands Lease Page 4 of32 Lease No. 22-086046
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(b) If State notifies Tenant to vacate the Property and Tenant fails to do so within the
time set forth in the notice, Tenant will be a trespasser and shall owe the State all
amounts due under RCW 79.02.300 or other applicable law.
3.5 Adjustment of Term Resulting from Tenant's Possession.
(a) If, for any reason whatsoever, State cannot deliver possession of the Property to
Tenant on the Commencement Date, this Lease will not be void or voidable, nor
will State be liable to Tenant for loss or damage resulting from the delay in
delivery of possession. In such event, the date of delivery of possession will be
the Commencement Date for all purposes, including the payment of rent.
(b) If Tenant takes possession before the Commencement Date, the date of possession
will be the Commencement Date for all purposes, including the payment of rent.
If the Lease Term commences earlier or later than the scheduled Commencement
Date, the Termination Date adjusts accordingly.
SECTION 4 RENT
4.1 Annual Rent.
(a) Until adjusted as set forth below, Tenant shall pay to State an annual rent of Sixteen
Thousand One Hundred Fourteen Dollars and Ten Cents ($16, 114.1 0).
(b) The annual rent, as it currently exists or as adjusted or modified (the "Annual Rent"),
is paid in monthly installments, each of which is equal to one-twelfth (1/12) ofthe
then-current Annual Rent. The first installment, in the amount of One Thousand
Three Hundred Forty-two Dollars and Eighty-four Cents ($1,342.84), is due and
payable on or before the Commencement Date, and subsequent installments are due
and payable on or before the same day of each month thereafter. Any payment not
paid by State's close of business on the date due is past due.
4.2 Payment Place. Tenant shall make payment to Financial Management Division, 1111
Washington St SE, PO Box 47041, Olympia, WA 98504-7041.
4.3 Adjustment Based on Use. Annual Rent is based on Tenant's Permitted Use of the
Property, as described in Section 2 above. If Tenant's Permitted Use changes, the Annual Rent
shall be adjusted as appropriate for the changed use.
4.4 Rent Adjustment Procedures.
(a) Notice of Rent Adjustment. State shall provide notice of adjustments to the
Annual Rent allowed under Paragraphs 4.5(b) to Tenant in writing no later than
ninety (90) days after the anniversary date of the Lease.
(b) Procedures on Failure to make Timely Adjustment. If the State fails to provide
the notice required in Paragraph 4.4(a), State shall not collect the adjustment
amount for the year in which State failed to provide notice. Upon providing
notice of adjustment, State may adjust and prospectively bill Annual Rent as if
missed or waived adjustments had been implemented at the proper interval. This
includes the implementation of any inflation adjustment.
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4.5 Rent Adjustments for Water-Dependent Uses.
(a) Inflation Adjustment. State shall adjust water-dependent rent annually pursuant
to RCW 79.105.200-.360, except in those years in which State revalues the rent
under Paragraph 4.5(b) below. This adjustment will be effective on the
anniversary of the Commencement Date.
(b) Revaluation of Rent. At the end ofthe first four-year period ofthe Term, and at
the end of each subsequent four-year period, State shall revalue the
water-dependent Annual Rent in accordance with RCW 79.105.200-.360.
(c) Rent Cap. State shall increase rent incrementally in compliance with RCW
79.105.260 as follows: If application of the statutory rent formula for
water-dependent uses would result in an increase in the rent attributable to such
uses of more than fifty percent (50%) in any one year, State shall limit the actual
increase implemented in such year to fifty percent (50%) of the then-existing rent.
In subsequent, successive years, State shall increase the rental amount
incrementally until the State implements the full amount of increase as
determined by the statutory rent formula.
SECTION 5 OTHER EXPENSES
5.1 Utilities. Tenant shall pay all fees charged for utilities required or needed by the
Permitted Use.
5.2 Taxes and Assessments. Tenant shall pay all taxes (including leasehold excise taxes),
assessments, and other governmental charges applicable or attributable to the Property, Tenant's
leasehold interest, the improvements, or Tenant's use and enjoyment of the Property.
5.3 Right to Contest. If in good faith, Tenant may contest any tax or assessment at its sole
cost and expense. At the request of State, Tenant shall furnish reasonable protection in the form
of a bond or other security, satisfactory to State, against loss or liability resulting from such
contest.
5.4 Proof of Payment. If required by State, Tenant shall furnish to State receipts or other
appropriate evidence establishing the payment of amounts this Lease requires Tenant to pay.
5.5 Failure to Pay. If Tenant fails to pay amounts due under this Lease, State may pay the
amount due, and recover its cost in accordance with Section 6.
SECTION 6 LATE PAYMENTS AND OTHER CHARGES
6.1 Failure to Pay Rent. Failure to pay rent is a default by the Tenant. State may seek
remedies under Section 14 as well as late charges and interest as provided in this Section 6.
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6.2 Late Charge. If State does not receive full rent payment within ten (1 0) days of the date
due, Tenant shall pay to State a late charge equal to four percent (4%) of the unpaid amount or
Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State incident to the
delay.
6.3 Interest Penalty for Past Due Rent and Other Sums Owed.
(a) Tenant shall pay interest on the past due rent at the rate of one percent (1 %) per
month until paid, in addition to paying the late charges determined under
Paragraph 6.2. Rent not paid by the close of business on the due date will begin
accruing interest the day after the due date.
(b) If State pays or advances any amounts for or on behalf of Tenant, Tenant shall
reimburse State for the amount paid or advanced and shall pay interest on that
amount at the rate of one percent ( 1%) per month from the date State notifies
Tenant of the payment or advance. This includes, but is not limited to, State's
payment of taxes of any kind, assessments, insurance premiums, costs of removal
and disposal of materials or Improvements under any provision of this Lease, or
other amounts not paid when due.
6.4 Referral to Collection Agency and Collection Agency Fees. If State does not receive full
payment within thirty (30) days of the due date, State may refer the unpaid amount to a collection
agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Tenant shall pay
collection agency fees in addition to the unpaid amount.
6.5 No Accord and Satisfaction. If Tenant pays, or State otherwise receives, an amount less
than the full amount then due, State may apply such payment as it elects. State may accept
payment in any amount without prejudice to State's right to recover the balance of the rent or
pursue any other right or remedy. No endorsement or statement on any check, any payment, or
any letter accompanying any check or payment constitutes accord and satisfaction.
6.6 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere
in this Lease, Tenant shall pay rent and all other sums payable by Tenant without the requirement
that State provide prior notice or demand. Tenant's payment is not subject to counterclaim, setoff,
deduction, defense or abatement.
SECTION 7 IMPROVEMENTS
7.1 Improvements Defined.
(a) "Improvements," consistent with RCW 79.105 through 79.145, are additions
within, upon, or attached to the land. This includes, but is not limited to, fill,
structures, bulkheads, docks, pilings, and other fixtures.
(b) "Personal Property" means items that can be removed from the Property without
( 1) injury to the Property or Improvements or (2) diminishing the value or utility
of the Property or Improvements.
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(c) "State-Owned Improvements" are Improvements made or owned by State. State-
Owned Improvements includes any construction, alteration, or addition to State-
Owned Improvements made by Tenant.
(d) "Tenant-Owned Improvements" are Improvements authorized by State and (1)
made by Tenant or (2) acquired by Tenant from the prior tenant.
(e) "Unauthorized Improvements" are Improvements made on the Property without
State's prior consent or Improvements made by Tenant that do not conform to
plans submitted to and approved by the State.
7.2 Existing Improvements. On the Commencement Date, the following Improvements are
located on the Property: None.
7.3 Construction, Major Repair, Modification, and Demolition.
(a) This Paragraph 7.3 governs construction, alteration, replacement, major repair,
modification, demolition, and deconstruction oflmprovements ("Work"). Section
11 governs routine maintenance and minor repair.
(b) All Work must conform to requirements under Paragraph 7.4. Paragraph 11.3,
which applies to routine maintenance and minor repair, also applies to all Work
under this Paragraph 7.3.
(c) Except in an emergency, Tenant shall not conduct Work, without State's prior
written consent, as follows:
(1) State may deny consent if State determines that denial is in the best
interests of the State or if proposed Work does not comply with
Paragraphs 7.4 and 11.3. State may impose additional conditions
reasonably intended to protect and preserve the Property. If Work is for
removal of Improvements at End of Term, State may waive removal of
some or all Improvements.
(2) Except in an emergency, Tenant shall submit to State plans and
specifications describing the proposed Work at least sixty ( 60) days before
submitting permit applications to regulatory authorities unless Tenant and
State otherwise agree to coordinate permit applications. At a minimum, or
if no permits are necessary, Tenant shall submit plans and specifications at
least ninety (90) days before commencement of Work.
(3) State waives the requirement for consent if State does not notify Tenant of
its grant or denial of consent within sixty (60) days of submittal.
(d) Tenant shall notify State of emergency Work within five (5) business days of the
start of such Work. Upon State's request, Tenant shall provide State with plans
and specifications or as-builts of emergency Work.
(e) Tenant shall not commence or authorize Work until Tenant has:
(1) Obtained a performance and payment bond in an amount equal to one
hundred twenty-five percent (125%) of the estimated cost of construction.
Tenant shall maintain the performance and payment bond until Tenant pays
in full the costs of the Work, including all laborers and material persons.
(2) Obtained all required permits.
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(f) Before completing Work, Tenant shall remove all debris and restore the Property
to an orderly and safe condition. If Work is intended for removal of
Improvements at End of Term, Tenant shall restore the Property in accordance
with Paragraph 3.3, End ofTerm.
(g) Upon completing work, Tenant shall promptly provide State with as-built plans
and specifications.
(h) State shall not charge rent for authorized Improvements installed by Tenant
during this Term of this Lease, but State may charge rent for such Improvements
when and if Tenant or successor obtains a subsequent use authorization for the
Prope1iy and State has waived the requirement for Improvements to be removed
as provided in Paragraph 7.5.
7.4 Standards for Work.
(a) Applicability of Standards for Work
(1) The standards for Work in Paragraph 7.4(b) apply to Work commenced in
the five year period following the Commencement Date and to Proposed
Facilities described in Exhibit B. Work has commenced if State has
approved plans and specifications.
(2) If Tenant undertakes Work five years or more after the Commencement
Date, Tenant shall comply with State's then current standards for Work.
(3) At Tenant's option, Tenant may ascertain State's current standards for
Work as follows:
(i) Before submitting plans and specifications for State's approval as
required by Paragraph 7.3 of the Lease, Tenant shall request State to
provide Tenant with then current standards for Work on State-owned
Aquatic Lands.
(ii) Within thirty (30) days ofreceiving Tenant's request, State shall
provide Tenant with current standards for Work, which will be
effective for the purpose of State's approval of Tenant's proposed
Work provided Tenant submits plans and specifications for State's
approval within two (2) years of Tenant's request for standards ..
(iii) If State does not timely provide current standards upon Tenant's
request, the standards under Paragraph 7.4(b) apply to Tenant's
Work provided Tenant submits plans and specifications as required
by Paragraph 7.3 within two (2) years of Tenant's request for
standards.
(iv) If Tenant fails to (1) make a request for current standards or (2)
timely submit plans and specifications to State after receiving current
standards, Tenant shall make changes in plans or Work necessary to
conform to current standards for Work upon State's demand.
(b) Standards for Work
(1) Tenant shall not install skirting on any overwater structure.
(2) Tenant shall not conduct in-water Work during time periods prohibited for
such work under WAC 220-110-271, Prohibited Work Times in Saltwater,
as amended, or as otherwise directed by the Washington Department of
Fish and Wildlife (WDFW).
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(3) Tenant shall install unobstructed grating over at least 50 percent of the
surface area of all new floats, piers, fingers, docks, and gangways; grating
material must have at least 60 percent unobstructed open space.
7.5 Tenant-Owned Improvements at End of Lease.
(a) Disposition
(1) Tenant shall remove Tenant-Owned Improvements in accordance with
Paragraph 7.3 upon the expiration, termination, or cancellation of the
Lease unless State waives the requirement for removal.
(2) Tenant-Owned Improvements remaining on the Property on the
expiration, termination or cancellation date shall become State-Owned
Improvements without payment by State, unless State elects otherwise.
State may refuse or waive ownership. IfRCW 79.125.300 or 79.130.040
apply at the time this Lease expires, Tenant could be entitled to payment
by the new tenant for Tenant-Owned Improvements.
(3) If Tenant-Owned Improvements remain on the Property after the
expiration, termination, or cancellation date without State's consent, State
may remove all Improvements and Tenant shall pay State's costs.
(b) Conditions Under Which State May Waive Removal of Tenant-Owned
Improvements.
(1) State may waive removal of some or all Tenant-Owned Improvements
whenever State determines that it is in the best interests of the State and
regardless of whether Tenant re-leases the Property.
(2) If Tenant re-leases the Prope1iy, State may waive requirement remove
Tenant-Owned Improvements. State also may consent to Tenant's
continued ownership of Tenant-Owned Improvements.
(3) If Tenant does not re-lease the Property, State may waive requirement to
remove Tenant-Owned Improvements upon consideration of a timely
request from Tenant, as follows:
(i) Tenant must notify State at least one (I) year before the
Termination Date of its request to leave Tenant-Owned
Improvements.
(ii) State, within ninety (90) days of receiving Tenant's notification, will
notify Tenant whether State consents to some or all Tenant-Owned
Improvements remaining. State has no obligation to grant consent.
(iii) State's failure to respond to Tenant's request to leave
Improvements within ninety (90) days is a denial of the request.
(c) Tenant's Obligations if State Waives Removal.
(1) Tenant shall not remove Improvements if State waives the requirement for
removal of some or all Tenant-Owned Improvements.
(2) Tenant shall maintain such Improvements in accordance with this Lease
until the expiration, termination, or cancellation date. Tenant is liable to
State for cost of repair if Tenant causes or allows damage to
Improvements State has designated to remain.
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7.6 Disposition of Unauthorized Improvements.
(a) Unauthorized Improvements belong to State, unless State elects otherwise.
(b) State may either:
(1) Consent to Tenant ownership of the Improvements, or
(2) Charge rent for use of the Improvements from the time of installation or
construction and
(i) Require Tenant to remove the Improvements in accordance with
Paragraph 7.3, in which case Tenant shall pay rent for the
Improvements until removal, or
(ii) Consent to Improvements remaining and Tenant shall pay rent for
the use of the Improvements, or
(iii) Remove Improvements and Tenant shall pay for the cost of
removal and disposal, in which case Tenant shall pay rent for use
of the Improvements until removal and disposal.
7. 7 Disposition of Personal Property.
(a) Tenant retains ownership of Personal Property unless Tenant and State agree
otherwise in writing.
(b) Tenant shall remove Personal Property from the Property by the Termination
Date. Tenant is liable for damage to the Property and Improvements resulting
from removal of Personal Property.
(c) State may sell or dispose of all Personal Property left on the Property after the
Termination Date.
(1) If State conducts a sale of Personal Property, State shall apply proceeds
first to the State's administrative costs in conducting the sale, second to
payment of amount that then may be due from the Tenant to the State.
State shall pay the remainder, if any, to the Tenant.
(2) If State disposes of Personal Property, Tenant shall pay for the cost of
removal and disposal.
SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION
8.1 Definitions.
(a) "Hazardous Substance" means any substance that now or in the future becomes
regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or other law relating to human health, environmental protection,
contamination, pollution, or cleanup.
(b) "Release or threatened release of Hazardous Substance" means a release or
threatened release as defined under any law described in Paragraph 8.1 (a).
(c) "Utmost care" means such a degree of care as would be exercised by a very
careful, prudent, and competent person under the same or similar circumstances;
the standard of care applicable under the Washington State Model Taxies Control
Act ("MTCA"), Chapter 70.105 RCW, as amended.
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(d) "Tenant and affiliates" when used in this Section 8 means Tenant or Tenant's
subtenants, contractors, agents, employees, guests, invitees, licensees, affiliates,
or any person on the Property with the Tenant's permission.
(e) "Liabilities" as used in this Section 8 means any claims, demands, proceedings,
lawsuits, damages, costs, expenses, fees (including attorneys' fees and
disbursements), penalties, or judgments.
8.2 General Conditions.
(a) Tenant's obligations under this Section 8 extend to the area in, on, under, or above
( 1) The Property and
(2) Adjacent state-owned aquatic lands if affected by a release of Hazardous
Substances that occurs as a result of the Permitted Use.
(b) Standard of Care.
(1) Tenant shall exercise the utmost care with respect to Hazardous Substances.
(2) Tenant shall exercise utmost care for the foreseeable acts or omissions of
third parties with respect to Hazardous Substances, and the foreseeable
consequences of those acts or omissions, to the extent required to establish
a viable, third-party defense under the law.
8.3 Current Conditions and Duty to Investigate.
(a) State makes no representation about the condition of the Property. Hazardous
Substances may exist in, on, under, or above the Property.
(b) This Lease does not impose a duty on State to conduct investigations or supply
information to Tenant about Hazardous Substances.
(c) Tenant is responsible for conducting all appropriate inquiry and gathering
sufficient information about the existence, scope, and location of Hazardous
Substances on or near the Property necessary for Tenant to meet Tenant's
obligations under this Lease and utilize the Property for the Permitted Use.
8.4 Use of Hazardous Substances.
(a) Tenant and affiliates shall not use, store, generate, process, transport, handle, release,
or dispose of Hazardous Substances, except in accordance with all applicable laws.
(b) Tenant shall not undertake, or allow others to undertake by Tenant's permission,
acquiescence, or failure to act, activities that result in a release or threatened
release of Hazardous Substances.
(c) If use of Hazardous Substances related to Tenant's use or occupancy ofthe
Property results in violation of law:
(1) Tenant shall submit to State any plans for remedying the violations, and
(2) Tenant shall implement any remedial measures to restore the Property or
natural resources that State may require in addition to remedial measures
required by regulatory authorities.
(d) At a minimum, Tenant and affiliates shall observe the following Hazardous
Substances operational standards. Ifthe Washington Department of Ecology, U.S.
Environmental Protection Agency or other regulatory agency establishes different
standards applicable to Tenant's activities under the Permitted Use, Tenant shall
meet the standard that provides greater protection to the environment.
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(1) Tenant shall not allow work on overwater structures or vessels without
protective measures to prevent discharge of toxins to the water, including:
(i) Tenant shall not cause or allow underwater hull scraping and other
underwater removal of paints.
(ii) Tenant shall not cause or allow underwater refinishing work from
boats or temporary floats unless permitted by an industrial
National Pollution Discharge Elimination System (NPDES)
permit.
(iii) Tenant shall not cause or allow above the waterline boat repairs or
refinishing in-water except if limited to decks and superstructures
and less than 25 percent of a boat is repaired or refinished in-water
per year.
(iv) Tenant shall use and require others to use tarps and other dust, drip
and spill containment measures when repairing or refinishing boats
in water.
(2) Tenant shall not store or allow others to store fuel tanks, petroleum
products, hydraulic fluid, machinery coolants, lubricants and chemicals
not in use in locations above the water surface.
(3) Tenant shall inspect all equipment using petroleum products, hydraulic
fluids, machinery coolants, chemicals, or other toxic or deleterious
materials on a monthly basis and immediately make all repairs necessary
to stop leakage. Tenant shall submit to State an annual report
documenting inspections and repair.
( 4) Tenant shall maintain a supply of oil spill containment materials adequate
to contain a spill from the largest vessel in use on the Property.
(5) Tenant shall not use or allow use of a pressure washer at any location
above the water surface to clean any item that uses petroleum products.
8.5 Management of Contamination, if any.
(a) Tenant and affiliates shall not undertake activities that:
( 1) Damage or interfere with the operation of remedial or restoration
activities, if any;
(2) Result in human or environmental exposure to contaminated sediments, if
any;
(3) Result in the mechanical or chemical disturbance of on-site habitat
mitigation, if any.
(b) If requested, Tenant shall allow reasonable access to:
( 1) Employees and authorized agents of the Environmental Protection
Agency, the Washington State Department of Ecology, health department,
or other similar environmental agencies; and
(2) Potentially liable or responsible parties who are the subject of an order or
consent decree that requires access to the Property. Tenant may negotiate
an access agreement with such parties, but Tenant may not unreasonably
withhold such agreement.
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8.6 Notification and Reporting.
(a) Tenant shall immediately notify State ifTenant becomes aware of any ofthe
following:
(1) A release or threatened release of Hazardous Substances;
(2) Any new discovery of or new information about a problem or liability
related to, or derived from, the presence of Hazardous Substances;
(3) Any lien or action arising from Hazardous Substances;
( 4) Any actual or alleged violation of any federal, state, or local statute,
ordinance, rule, regulation, or other law pertaining to Hazardous Substances;
(5) Any notification from the US Environmental Protection Agency (EPA) or
the Washington State Department of Ecology (DOE) that remediation or
removal of Hazardous Substances is or may be required at the Property.
(b) Tenant's duty to report under Paragraph 8.6(a) extends to lands described in
Paragraph 8.2(a) and to any other property used by Tenant in conjunction with the
Property if a release of Hazardous Substances on the other property could affect
the Property.
(c) Tenant shall provide State with copies of all documents Tenant submits to any
federal, state or local authorities concerning environmental impacts or proposals
relative to the Property. Documents subject to this requirement include, but are
not limited to, applications, reports, studies, or audits for National Pollution
Discharge and Elimination System Permits; Army Corps of Engineers permits;
State Hydraulic Project Approvals (HPA); State Water Quality certification;
Substantial Development permit; and any reporting necessary for the existence,
location, and storage of Hazardous Substances on the Property.
8.7 Indemnification.
(a) Tenant shall fully indemnify, defend, and hold State harmless from and against
Liabilities that arise out of, or relate to:
(1) The use, storage, generation, processing, transportation, handling, or
disposal of any Hazardous Substance by Tenant and affiliates occurring
whenever Tenant occupies or has occupied the Property;
(2) The release or threatened release of any Hazardous Substance resulting
from any act or omission of Tenant and affiliates occurring whenever
Tenant occupies or has occupied the Property.
(b) Tenant shall fully indemnify, defend, and hold State harmless for Liabilities that
arise out of or relate to Tenant's breach of obligations under Paragraph 8.5.
8.8 Reservation of Rights.
(a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the
Parties expressly reserve and do not waive any rights, claims, immunities, causes
of action, or defenses relating to Hazardous Substances that either Party may have
against the other under law.
(b) The Parties expressly reserve all rights, claims, immunities, and defenses either
Party may have against third parties. Nothing in this Section 8 benefits or creates
rights for third parties.
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(c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8
do not release either Party from or affect the liability of either Party for Hazardous
Substances claims or actions by regulatory agencies.
8.9 Cleanup.
(a) If Tenant's act, omission, or breach of obligation under Paragraph 8.4 results in a
release of Hazardous Substances that exceeds the threshold limits of any applicable
regulatory standard, Tenant shall, at Tenant's sole expense, promptly take all
actions necessary or advisable to clean up the Hazardous Substances in accordance
with applicable law.
(b) Tenant may undertake a cleanup of the Property pursuant to the Washington State
Department of Ecology's Voluntary Cleanup Program, provided that Tenant
cooperates with the Department of Natural Resources in development of cleanup
plans. Tenant shall not proceed with Voluntary Cleanup without the Department of
Natural Resources approval of final plans. Nothing in the operation of this
provision is an agreement by the Department of Natural Resources that the
Voluntary Cleanup complies with any laws or with the provisions of this Lease.
Tenant's completion of a Voluntary Cleanup is not a release from or waiver of any
obligation for Hazardous Substances under this Lease.
8.10 Sampling by State, Reimbursement, and Split Samples.
(a) State may enter the Property and conduct sampling, tests, audits, surveys, or
investigations ("Tests") of the Property at any time to determine the existence,
scope, or effects of Hazardous Substances.
(b) If such Tests, along with any other information, demonstrate a breach ofTenant's
obligations regarding Hazardous Substances under this Lease, Tenant shall
promptly reimburse State for all costs associated with the Tests, provided State
gave Tenant thirty (30) calendar days advance notice in non-emergencies and
reasonably practical notice in emergencies.
(c) In non-emergencies, Tenant is entitled to obtain split samples of Test samples,
provided Tenant gives State written notice requesting split samples at least ten
(1 0) calendar days before State conducts Tests. Upon demand, Tenant shall
promptly reimburse State for additional cost, if any, of split samples.
(d) If either Party conducts Tests on the Property, the conducting Party shall provide
the other with validated final data and quality assurance/quality control/chain of
custody information about the Tests within sixty (60) calendar days of a written
request by the other party, unless Tests are part of a submittal under Paragraph
8.6(c) in which case Tenant shall submit data and information to State without
written request by State. Neither party is obligated to provide any analytical
summaries or the work product of experts.
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SECTION 9 ASSIGNMENT AND SUBLETTING
9.1 State Consent Required. Tenant shall not convey, transfer, or encumber any part of
Tenant's interest in this Lease or the Property without State's prior written consent, which State
shall not unreasonably condition or withhold.
(a) In determining whether to consent, State may consider, among other items, the
proposed transferee's financial condition, business reputation and experience, the
nature of the proposed transferee's business, the then-current value ofthe
Property, and such other factors as may reasonably bear upon the suitability of the
transferee as a tenant of the Property. State may refuse its consent to any
conveyance, transfer, or encumbrance if it will result in a subdivision of the
leasehold. Tenant shall submit information regarding any proposed transferee to
State at least thirty (30) days prior to the date of the proposed transfer.
(b) State reserves the right to condition its consent upon:
( 1) changes in the terms and conditions of this Lease, including, but not
limited to, the Annual Rent; and/or
(2) the agreement of Tenant or transferee to conduct Tests for Hazardous
Substances on the Property or on other property owned or occupied by
Tenant or the transferee.
(c) Each permitted transferee shall assume all obligations under this Lease, including
the payment ofrent. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant.
(d) State's consent under this Paragraph 9.1 does not constitute a waiver of any
claims against Tenant for the violation of any term of this Lease.
9.2 Rent Payments Following Assignment. The acceptance by State of the payment ofrent
following an assignment or other transfer does not constitute consent to any assignment or transfer.
9.3 Terms of Subleases.
(a) Tenant shall submit the terms of all subleases to State for approval.
(b) Tenant shall incorporate the following requirements in all subleases:
(1) The sublease must be consistent with and subject to all the terms and
conditions of this Lease;
(2) The sublease must provide that this Lease controls if the terms of the
sublease conflict with the terms of this Lease;
(3) The term ofthe sublease (including any period of time covered by a
renewal option) must end before the Termination Date of the initial Term
or any renewal term;
( 4) The sublease must terminate if this Lease terminates for any reason;
(5) The subtenant must receive and acknowledge receipt of a copy ofthis Lease;
(6) The sublease must prohibit the prepayment to Tenant by the subtenant of
more than the annual rent;
(7) The sublease must identify the rental amount subtenant is to pay to Tenant;
(8) The sublease must provide that there is no privity of contract between the
subtenant and State;
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(9) The sublease must require removal of the subtenant's Improvements and
Personal Property upon termination of the sublease;
(10) The subtenant's permitted use must be within the scope of the Permitted
Use; and
(11) The sublease must require the subtenant to meet all obligations of Tenant
under Section 10, Indemnification, Financial Security, and Insurance.
9.4 Short-Term Subleases of Moorage Slips. Short-term subleasing of moorage slips for a
term of less than one year does not require State's written consent or approval pursuant to
Paragraphs 9.1 or 9.3. Tenant shall conform moorage sublease agreements to the sublease
requirements in Paragraph 9.3.
9.5 Event of Assignment. IfTenant is a corporation, dissolution of the corporation or a
transfer (by one or more transactions) of a majority of the voting stock of Tenant is an
assignment of this Lease. If Tenant is a partnership, dissolution of the partnership or a transfer
(by one or more transactions) of the controlling interest in Tenant is an assignment of this Lease.
Assignments defined in this Paragraph 9.5 require State's consent under Paragraph 9.1.
SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE
10.1 Indemnity.
(a) Tenant shall indemnify, defend, and hold State, its employees, officers, and agents
harmless from Claims arising out ofthe use, occupation, or control of the
Property by Tenant, its subtenants, contractors, agents, invitees, guests,
employees, affiliates, licensees, or permittees.
(b) "Claim" as used in this Paragraph 10.1 means any financial loss, claim, suit, action,
damages, expenses, fees (including attorneys' fees), penalties, or judgments
attributable to bodily injury, sickness, disease, death, and damages to tangible
property, including, but not limited to, land, aquatic life, and other natural
resources. "Damages to tangible property" includes, but is not limited to, physical
injury to the Property and damages resulting from loss of use of the Property.
(c) State shall not require Tenant to indemnify, defend, and hold State harmless for
claims that arise solely out ofthe willful or negligent act of State or State's elected
officials, employees, or agents.
(d) Tenant waives its immunity under Title 51 RCW to the extent it is required to
indemnify, defend, and hold State and its agencies, officials, agents, or employees
harmless.
(e) Section 8, Environmental Liability/Risk Allocation, exclusively shall govern
Tenant's liability to State for Hazardous Substances and its obligation to indemnify,
defend, and hold State harmless for Hazardous Substances.
10.2 Insurance Terms.
(a) Insurance Required.
(1) At its own expense, Tenant shall procure and maintain during the Term of
this Lease, the insurance coverages and limits described in this Paragraph
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10.2 and in Paragraph 10.3, Insurance Types and Limits. State may
terminate this Lease if Tenant fails to maintain required insurance.
(2) Unless State agrees to an exception, Tenant shall provide insurance issued
by an insurance company or companies admitted to do business in the
State of Washington and have a rating of A-or better by the most recently
published edition of Best's Reports. Tenant may submit a request to the
risk manager for the Department of Natural Resources to approve an
exception to this requirement. If an insurer is not admitted, the insurance
policies and procedures for issuing the insurance policies shall comply
with Chapter 48.15 RCW and 284-15 WAC.
(3) All general liability, excess, umbrella, property, builder's risk, and
pollution legal liability insurance policies must name the State of
Washington, the Department ofNatural Resources, its elected and
appointed officials, agents, and employees as an additional insured.
( 4) All insurance provided in compliance with this Lease must be primary as
to any other insurance or self-insurance programs afforded to or
maintained by State.
(b) Waiver.
(1) Tenant waives all rights against State for recovery of damages to the
extent insurance maintained pursuant to this Lease covers these damages.
(2) Except as prohibited by law, Tenant waives all rights of subrogation
against State for recovery of damages to the extent that they are covered
by insurance maintained pursuant to this lease.
(c) Proof of Insurance.
(1) Tenant shall provide State with a certificate(s) of insurance executed by a
duly authorized representative of each insurer, showing compliance with
insurance requirements specified in this Lease and, if requested, copies of
policies to State.
(2) The certificate(s) of insurance must reference additional insureds and the
Lease number.
(3) Receipt of such certificates or policies by State does not constitute
approval by State of the terms of such policies.
(d) State must receive written notice before cancellation or non-renewal of any
insurance required by this Lease, as follows:
(1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance
Commissioner): If cancellation is due to non-payment of premium, provide
State ten ( 1 0) days' advance notice of cancellation; otherwise, provide State
forty-five ( 45) days' advance notice of cancellation or non-renewal.
(2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to
non-payment of premium, provide State ten (1 0) days' advance notice of
cancellation; otherwise, provide State thirty (30) days' advance notice of
cancellation or non-renewal.
(e) Adjustments in Insurance Coverage.
( 1) State may impose changes in the limits of liability for all types of
insurance as State deems necessary.
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(2) Tenant shall secure new or modified insurance coverage within thirty (30)
days after State requires changes in the limits of liability.
(f) If Tenant fails to procure and maintain the insurance described above within fifteen
(15) days after Tenant receives a notice to comply from State, State may either:
(1) Deem the failure an Event of Default under Section 14, or
(2) Procure and maintain comparable substitute insurance and pay the
premiums. Upon demand, Tenant shall pay to State the full amount paid
by State, together with interest at the rate provided in Paragraph 6.2 from
the date of State's notice of the expenditure until Tenant's repayment.
(g) General Terms.
(1) State does not represent that coverage and limits required under this Lease
are adequate to protect Tenant.
(2) Coverage and limits do not limit Tenant's liability for indemnification and
reimbursements granted to State under this Lease.
(3) The Parties shall use any insurance proceeds payable by reason of damage
or destruction to property first to restore the real property covered by this
Lease, then to pay the cost of the reconstruction, then to pay the State any
sums in arrears, and then to Tenant.
10.3 Insurance Types and Limits.
(a) General Liability Insurance.
(1) Tenant shall maintain commercial general liability insurance (CGL) or
marine general liability (MGL) covering claims for bodily injury, personal
injury, or property damage arising on the Property and/or arising out of
Tenant's use, occupation, or control of the Property and, if necessary,
commercial umbrella insurance with a limit of not less than Two Million
Dollars ($2,000,000) per each occurrence. If such CGL or MGL insurance
contains aggregate limits, the general aggregate limit must be at least
twice the "each occurrence" limit. CGL or MGL insurance must have
products-completed operations aggregate limit of at least two times the
"each occurrence" limit.
(2) CGL insurance must be written on Insurance Services Office (ISO)
Occurrence Form CG 00 01 (or a substitute form providing equivalent
coverage). All insurance must cover liability arising out of premises,
operations, independent contractors, products completed operations, personal
injury and advertising injury, and liability assumed under an insured contract
(including the tort liability of another party assumed in a business contract)
and contain separation of insured (cross-liability) condition.
(3) MGL insurance must have no exclusions for non-owned watercraft.
(b) Workers' Compensation.
(1) State of Washington Workers' Compensation.
Aquatic Lands Lease
(i) Tenant shall comply with all State of Washington workers'
compensation statutes and regulations. Tenant shall provide
workers' compensation coverage for all employees of Tenant.
Coverage must include bodily injury (including death) by accident
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or disease, which arises out of or in connection with Tenant's use,
occupation, and control of the Property.
(ii) If Tenant fails to comply with all State of Washington workers'
compensation statutes and regulations and State incurs fines or is
required by law to provide benefits to or obtain coverage for such
employees, Tenant shall indemnify State. Indemnity shall include
all fines; payment of benefits to Tenant, employees, or their heirs
or legal representatives; and the cost of effecting coverage on
behalf of such employees.
(2) Longshore and Harbor Workers' and Jones Acts. Longshore and Harbor
Workers' Act (33 U.S.C. Section 901 et seq.) and/or the Jones Act (46
U.S.C. Section 688) may require Tenant to provide insurance coverage in
some circumstances. Tenant shall ascertain if such insurance is required
and, if required, shall maintain insurance in compliance with law. Tenant
is responsible for all civil and criminal liability arising from failure to
maintain such coverage.
(c) Employers' Liability Insurance. Tenant shall procure employers' liability insurance,
and, if necessary, commercial umbrella liability insurance with limits not less than
One Million Dollars ($1 ,000,000) each accident for bodily injury by accident or One
Million Dollars ($1 ,000,000) each employee for bodily injury by disease.
(d) Builder's Risk Insurance.
(1) Tenant shall procure and maintain in force, or require its contractor(s) to
procure and maintain in force, builder's risk insurance on the entire work
during the period construction is in progress and until completion of the
project and acceptance by State. Such insurance must be written on a
completed form and in an amount equal to the value of the completed
building and/or Improvements, subject to subsequent modifications to the
sum. The insurance must be written on a replacement cost basis. The
insurance must name Tenant, all contractors, and subcontractors in the
work as insured. State must be named additional insured as required by
Paragraph 10.2(a)(3)).
(2) Insurance described above must cover or include the following:
Aquatic Lands Lease
(i) All risks of physical loss except those specifically excluded in the
policy, including loss or damage caused by collapse;
(ii) The entire work on the Property, including reasonable
compensation for architect's services and expenses made necessary
by an insured loss;
(iii) Portions of the work located away from the Property but intended
for use at the Property, and portions of the work in transit;
(iv) Scaffolding, falsework, and temporary buildings located on the
Property; and
(v) The cost of removing debris, including all demolition as made
legally necessary by the operation of any law, ordinance, or
regulation.
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(3) Tenant or Tenant'(s) contractor(s) is responsible for paying any part of
any loss not covered because of application of a deductible contained in
the policy described above.
(4) Tenant or Tenant'(s) contractor shall buy and maintain boiler and
machinery insurance required by contract documents or by law, covering
insured objects during installation and until final acceptance by permitting
authority. If testing is performed, such insurance must cover such
operations. The insurance must name Tenant, all contractors, and
subcontractors in the work as insured. State must be named additional
insured as required by Paragraph 10.2(a)(3).
10.4 Financial Security.
(a) At its own expense, Tenant shall procure and maintain during the Term of this
Lease a corporate security bond or provide other financial security that State, at its
option, may approve ("Security"). Tenant shall provide Security in an amount
equal to Thirty-Two Thousand Dollars ($32,000), which is consistent with RCW
79.105.330, and secures Tenant's performance of its obligations under this Lease,
with the exception of the obligations under Section 8, Environmental
Liability/Risk Allocation. Tenant's failure to maintain the Security in the
required amount during the Term constitutes a breach of this Lease.
(b) All Security must be in a form acceptable to the State.
(l) Bonds must be issued by companies admitted to do business within the
State of Washington and have a rating of A-, Class VII or better, in the
most recently published edition of Best's Reports, unless State approves
an exception. Tenant may submit a request to the risk manager for the
Department of Natural Resources for an exception to this requirement.
(2) Letters of credit, if approved by State, must be irrevocable, allow State to
draw funds at will, provide for automatic renewal, and comply with
RCW 62A.5-101, et. seq.
(3) Savings account assignments, if approved by State, must allow State to
draw funds at will.
(c) Adjustment in Amount of Security.
(1) State may require an adjustment in the Security amount:
(i) At the same time as revaluation of the Annual Rent,
(ii) As a condition of approval of assignment or sublease of this Lease,
(iii) Upon a material change in the condition or disposition of any
Improvements, or
(iv) Upon a change in the Permitted Use.
(2) Tenant shall deliver a new or modified form of Security to State within thirty
(30) days after State has required adjustment of the amount ofthe Security.
(d) Upon any default by Tenant in its obligations under this Lease, State may collect
on the Security to offset the liability of Tenant to State. Collection on the
Security does not (1) relieve Tenant of liability, (2) limit any of State's other
remedies, (3) reinstate or cure the default or ( 4) prevent termination of the Lease
because of the default.
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SECTION 11 ROUTINE MAINTENANCE AND REPAIR
11.1 State's Repairs. This Lease does not obligate State to make any alterations, maintenance,
replacements, or repairs in, on, or about the Property, or any part thereof, during the Term.
11.2 Tenant's Repairs and Maintenance.
(a) Routine maintenance and repair are acts intended to prevent a decline, lapse or,
cessation of the Permitted Use and associated Improvements. Routine
maintenance or repair is the type of work that does not require regulatory permits.
(b) At Tenant's own expense, Tenant shall keep and maintain the Property and all
Improvements in good order and repair and in a safe condition. State's consent is
not required for routine maintenance or repair.
(c) At Tenant's own expense, Tenant shall make any additions, repairs, alterations,
maintenance, replacements, or changes to the Property or to any Improvements on
the Property that any public authority may require. If a public authority requires
work beyond the scope ofroutine maintenance and repair, Tenant shall comply
with Section 7 ofthis Lease.
11.3 Limitations. The following limitations apply whenever Tenant conducts maintenance,
repair or replacement.
(a) Tenant shall not use or install treated wood at any location above or below water,
except that Tenant may use treated wood for above water structural framing.
(b) Tenant shall not use or install tires (for example, floatation or fenders) at any
location above or below water.
(c) Tenant shall install only floatation material encapsulated in a shell resistant to
ultraviolet radiation and abrasion. The shell must be capable of preventing
breakup and loss of flotation material into the water.
(d) Tenant shall orient night lighting to minimize the amount of light shining directly
on the water.
(e) Tenant shall not allow new floating structures to come in contact with underlying
bedlands ("ground out").
SECTION 12 DAMAGE OR DESTRUCTION
12.1 Notice and Repair.
(a) In the event of damage to or destruction of the Property or Improvements, Tenant
shall promptly give written notice to State. State does not have actual knowledge
of the damage or destruction without Tenant's written notice.
(b) Unless otherwise agreed in writing, Tenant shall promptly reconstruct, repair, or
replace the Property and Improvements as nearly as possible to its condition
immediately prior to the damage or destruction in accordance with Paragraph 7.3,
Construction, Major Repair, Modification, and Demolition and Tenant's
additional obligations in Exhibit B, if any.
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12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of
the Property unless State provides written notice to Tenant of each specific claim waived.
12.3 Insurance Proceeds. Tenant's duty to reconstruct, repair, or replace any damage or
destruction of the Property or any Improvements on the Property is not conditioned upon the
availability of any insurance proceeds to Tenant from which the cost of repairs may be paid. The
Parties shall use insurance proceeds in accordance with Paragraph 1 0.2(g)(3).
12.4 Rent in the Event of Damage or Destruction. Unless the Parties agree to terminate this
Lease, there is no abatement or reduction in rent during such reconstruction, repair, and replacement.
12.5 Default at the Time of Damage or Destruction. If Tenant is in default under the terms
of this Lease at the time damage or destruction occurs, State may elect to terminate the Lease and
State then shall have the right to retain any insurance proceeds payable as a result of the damage
or destruction.
SECTION 13 CONDEMNATION
13.1 Definitions.
(a) "Taking" means that an entity authorized by law exercises the power of eminent
domain, either by judgment, settlement in lieu of judgment, or voluntary
conveyance in lieu of formal court proceedings, over all or any portion of the
Property and Improvements. This includes any exercise of eminent domain on
any portion of the Property and Improvements that, in the judgment of the State,
prevents or renders impractical the Permitted Use.
(b) "Date of Taking" means the date upon which title to the Property or a portion of
the Property passes to and vests in the condemner or the effective date of any
order for possession if issued prior to the date title vests in the condemner.
13.2 Effect of Taking. If there is a taking, the Lease terminates proportionate to the extent of
the taking. If this Lease terminates in whole or in part, Tenant shall make all payments due and
attributable to the taken Property up to the date of taking. If Tenant has pre-paid rent and Tenant
is not in default of the Lease, State shall refund Tenant the pro rata share of the pre-paid rent
attributable to the period after the date of taking.
13.3 Allocation of Award.
(a) The Parties shall allocate the condemnation award based upon the ratio of the fair
market value of (1) Tenant's leasehold estate and Tenant-Owned Improvements
and (2) State's interest in the Property; the reversionary interest in Tenant-Owned
Improvements, if any; and State-Owned Improvements, if any.
(b) If Tenant and State are unable to agree on the allocation, the Parties shall submit
the dispute to binding arbitration in accordance with the rules of the American
Arbitration Association.
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SECTION 14 DEFAULT AND REMEDIES
14.1 Default Defined. Tenant is in default of this Lease on the occurrence of any of the following:
(a) Failure to pay rent or other expenses when due;
(b) Failure to comply with any law, regulation, policy, or order of any lawful
governmental authority;
(c) Failure to comply with any other provision ofthis Lease;
(d) Commencement of bankruptcy proceedings by or against Tenant or the
appointment of a trustee or receiver ofTenant's property.
14.2 Tenant's Right to Cure.
(a) A default becomes an "Event of Default" if Tenant fails to cure the default within
the applicable cure period following State's written notice of default. Upon an
Event of Default, State may seek remedies under Paragraph 14.3.
(b) Unless expressly provided elsewhere in this Lease, the cure period is sixty ( 60)
days for failure to pay rent or other monetary defaults; for other defaults, the cure
period is thirty (30) days.
(c) For nonmonetary defaults not capable of cure within sixty (60) days, State will
not unreasonably withhold approval of a reasonable alternative cure schedule.
Tenant must submit a cure schedule within thirty (30) days of a notice of default.
The default is not an Event of Default if State approves the schedule and Tenant
works diligently and in good faith to execute the cure. The default is an Event of
Default if Tenant fails to timely submit a schedule or fails to cure in accordance
with an approved schedule.
(d) State may elect to deem a default by Tenant as an Event of Default if the default
occurs within six (6) months after a default by Tenant for which State has
provided notice and opportunity to cure and regardless of whether the first and
subsequent defaults are of the same nature.
14.3 Remedies.
(a) Upon an Event of Default, State may terminate this Lease and remove Tenant by
summary proceedings or otherwise.
(b) If the Event of Default (1) arises from Tenant's failure to comply with restrictions
on Permitted Use and operations under Paragraph 2.2 or (2) results in damage to
natural resources or the Property, State may enter the Property without terminating
this Lease to (1) restore the natural resources or Property and charge Tenant
restoration costs and/or (2) charge Tenant for damages. On demand by State,
Tenant shall pay all costs and/or damages.
(c) Without terminating this Lease, State may relet the Property on any terms and
conditions as State may decide are appropriate.
( 1) State shall apply rent received by reletting: (1) to the payment of any
indebtedness other than rent due from Tenant to State; (2) to the payment
of any cost of such reletting; (3) to the payment of the cost of any
alterations and repairs to the Property; and ( 4) to the payment ofrent and
leasehold excise tax due and unpaid under this Lease. State shall hold and
apply any balance to Tenant's future rent as it becomes due.
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(2) Tenant is responsible for any deficiency created by the reletting during
any month and shall pay the deficiency monthly.
(3) At any time after reletting, State may elect to terminate this Lease for the
previous Event of Default.
(d) State's reentry or repossession of the Property under Paragraph 14.3 is not an
election to terminate this Lease or cause a forfeiture of rents or other charges
Tenant is obligated to pay during the balance of the Term, unless (1) State gives
Tenant written notice of termination or (2) a legal proceeding decrees termination.
(e) The remedies specified under this Paragraph 14.3 are not exclusive of any other
remedies or means of redress to which the State is lawfully entitled for Tenant's
breach or threatened breach of any provision of this Lease.
SECTION 15 ENTRY BY STATE
State may enter the Property at any reasonable hour to inspect for compliance with the terms of
this Lease, to monitor impacts to habitat, or survey habitat and species. Tenant grants State
permission to cross Tenant's upland and aquatic land property to access the Property. State shall
provide at least 24 hours notice before entering Tenant's property. State will inspect the Property
annually. State may coordinate the site inspection with Washington State Department of
Ecology or other regulatory authorities, if appropriate. Provision for periodic inspection does not
preclude State's option to inspect at other times. State's failure to inspect the Property does not
constitute a waiver of any rights or remedies under this Lease.
SECTION 16 DISCLAIMER OF QUIET ENJOYMENT
16.1 No Guaranty or Warranty.
(a) State believes that this Lease is consistent with the Public Trust Doctrine and that
none of the third-party interests identified in Paragraph 1.1 (b) will materially or
adversely affect Tenant's right of possession and use of the Property, but State
makes no guaranty or warranty to that effect.
(b) State disclaims and Tenant releases State from any claim for breach of any
implied covenant of quiet enjoyment. This disclaimer and release includes, but is
not limited to, interference arising from exercise of rights under the Public Trust
Doctrine; Treaty rights held by Indian Tribes; and the general power and authority
of State and the United States with respect to aquatic lands and navigable waters.
(c) Tenant is responsible for determining the extent ofTenant's right to possession
and for defending Tenant's leasehold interest.
16.2 Eviction by Third-Party. If a third-party evicts Tenant, this Lease terminates as of the
date of the eviction. In the event of a partial eviction, Tenant's rent obligations abate as of the date
of the partial eviction, in direct proportion to the extent of the eviction; this Lease shall remain in
full force and effect in all other respects.
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SECTION 17 NOTICE AND SUBMITTALS
Following are the locations for delivery of notice and submittals required or permitted under this
Lease. Any Party may change the place of delivery upon ten (1 0) days written notice to the other.
State:
Tenant:
DEPARTMENT OF NATURAL RESOURCES
Shoreline District Aquatics
950 Farman Ave N
Enumclaw, WA 98022-9282
BARBEE MILL COMMUNITY ORGANIZATION
c/o Charles F. Conner, President
846 1 08t11 Ave NE
Bellevue, WA 98004-4304
The Parties may deliver any notice in person, by facsimile machine, or by certified mail.
Depending on the method of delivery, notice is effective upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after mailing. All notices
must identify the Lease number. On notices transmitted by facsimile machine, the Parties shall
state the number of pages contained in the notice, including the transmittal page, if any.
SECTION 18 MISCELLANEOUS
18.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant
represent that Tenant is qualified to do business in the State of Washington, that Tenant has full
right and authority to enter into this Lease, and that each and every person signing on behalf of
Tenant is authorized to do so. Upon State's request, Tenant shall provide evidence satisfactory
to State confirming these representations.
18.2 Successors and Assigns. This Lease binds and inures to the benefit of the Parties, their
successors, and assigns.
18.3 Headings. The headings used in this Lease are for convenience only and in no way
define, limit, or extend the scope of this Lease or the intent of any provision.
18.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the
entire agreement of the Parties. This Lease merges all prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property.
18.5 Waiver.
(a) The waiver of any breach or default of any term, covenant, or condition of this
Lease is not a waiver of such term, covenant, or condition; of any subsequent
breach or default of the same; or of any other term, covenant, or condition of this
Lease. State's acceptance of a rental payment is not a waiver of any preceding or
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existing breach other than the failure to pay the particular rental payment that was
accepted.
(b) The renewal of the Lease, extension of the Lease, or the issuance of a new lease to
Tenant, does not waive State's ability to pursue any rights or remedies under the
Lease.
18.6 Cumulative Remedies. The rights and remedies under this Lease are cumulative and in
addition to all other rights and remedies afforded by law or equity or otherwise.
18.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of
this Lease.
18.8 Language. The word "Tenant" as used in this Lease applies to one or more persons and
regardless of gender, as the case may be. Ifthere is more than one Tenant, their obligations are
joint and sevei·al. The word "persons," whenever used, shall include individuals, firms,
associations, and corporations. The word "Parties" means State and Tenant in the collective. The
word "Party" means either or both State and Tenant, depending on the context.
18.9 Invalidity. The invalidity, voidness, or illegality of any provision ofthis Lease does not
affect, impair, or invalidate any other provision of this Lease.
18.10 Applicable Law and Venue. This Lease is to be interpreted and construed in
accordance with the laws ofthe State ofWashington. Venue for any action arising out of or in
connection with this Lease is in the Superior Court for Thurston County, Washington.
18.11 Statutory Reference. Any reference to a statute means that statute as presently enacted
or hereafter amended or superseded.
18.12 Recordation. At Tenant's expense and no later than thirty (30) days after receiving the
fully-executed Lease, Tenant shall record this Lease in the county in which the Property is
located. Tenant shall include the parcel number of the upland property used in conjunction with
the Property, if any. Tenant shall provide State with recording information, including the date of
recordation and file number. If Tenant fails to record this Lease, State may record it and Tenant
shall pay the costs of recording upon State's demand.
18.13 Modification. No modification ofthis Lease is effective unless in writing and signed by
both Parties. Oral representations or statements do not bind either Party.
18.14 Survival. Any obligations of Tenant not fully performed upon termination of this Lease
do not cease, but continue as obligations of the Tenant until fully performed.
18.15 Exhibits. All referenced exhibits are incorporated in the Lease unless expressly identified
as unincorporated.
Aquatic Lands Lease Page 27 of32 Lease No. 22-086046
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THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last
signature below.
;.,
Dated: .~~ 2-b , 2012.
Dated: _D-=\=-·_J--__ Y____,___, 20SL-
Approved as to form this
12 day of March, 2010
Janis Snoey, Assistant Attorney General
BARBEE MILL COMMUNITY ORGANIZATION
By: CHARLESF.CONNER
Title: President
Address: 846 108t11 Ave NE
Bellevue, WA 98004-4304
Phone: 425-646-4411
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
By: MEGAN DJJ.E.B ---,.
<-
Title: DeputyS1:1per~or for Aqua ics and
Geo 1 o gy ......._ __ ._"'_
Address: Shoreline District Aquatics
950 Farman Ave N
Enumclaw, W A 98022-9282
Aquatic Lands Lease Page 28 of32 Lease No. 22-086046
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REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
(-/ . ) ss
County of ·rs 1 • ) I /U).C\
' ~ ·.~)
I certify that I know or have satisfactory evidence that CHARLES F. CONNER is the person
who appeared before me, and said person acknowledged that he signed this instrument, on oath
stated that he was authorized to execute the instrument and acknowledged it as the PRESIDENT
of BARBEE MILL COMMUNITY ORGANIZATION to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
(Seal or stamp)
Aquatic Lands Lease
. -/] (<~;1)tU7t/7/) (b · J~,:lLe1tntDt'--·
(STgnature)
(Print Name)
Notary Public in and for the State of
Washington, residing at
My appointment expires __:_I o=-·,+j_C_._1+/_I_L__,\_· -
I I
Page 29 of32 Lease No. 22-086046
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STATE ACKNOWLEDGMENT
STATE OF WASHINGTON)
~ )ss
County of ~~ )
I certify that I know or have satisfactory evidence that MEGAN DUFFY is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and acknowledged it as the DEPUTY
SUPERVISOR FOR AQUATICS AND GEOLOGY ofthe DEPARTMENT OF NATURAL
RESOURCES, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: .-.--:0.,.,-:_\__,_,f±~----'4'--------' 20 I~ (S~
A . WA& /VF/2_
(Print Name)
Notary Public in and for the State of
Wash~
My appointment expires .£f-/ ~ -/4
Aquatic Lands Lease Page 30 of32 Lease No. 22-086046
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EXHIBIT A
SURVEY AND PROPERTY DESCRIPTION
Agreement Number: 22-086046
Recording number of final DNR approved survey in King County:
Tenant shall submit a final, as-built Record of Survey for DNR's approval within one year of the
Commencement Date and upon receiving DNR's approval, Tenant shall record the survey with
the King County Recorder's Office.
Legal description of the Property:
THAT PORTION OF GOVERNMENT LOT 1, OF SECTION 32, TOWNSHIP 24 NORTH,
RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF TRACT 35 OF BARBEE MILL-
LOTS 35 & 36 LOT LINE ADJUSTMENT, RECORDED UNDER KING COUNTY
RECORDING NO. 20120802900003; THENCE N89°04'39"W 29.11 FEET TO A POINT ON
THE INNER HARBOR LINE AS SHOWN ON SAID LOT LINE ADJUSTMENT, SAID
POINT BEING THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT; THENCE
SOl 0 06'32"W, ALONG SAID INNER HARBOR LINE, 47.18 FEET; THENCE N89°04'39"W
166.19 FEET; THENCE N00°55'21 "E 72.06 FEET; THENCE S89°04'39"E 166.43 FEET TO A
POINT ON SAID INNER HARBOR LINE; THENCE S01°06'32"W, ALONG SAID INNER
HARBOR LINE, 24.88 FEET TO THE POINT OF BEGINNING.
Square footage of each of these Use classifications:
Water-dependent
Non water-dependent
Public Access
Total square feet
Aquatic Lands Lease
11,984
NA
NA
11,984
Page 31 of 32 Lease No. 22-086046
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EXHIBITB
PLAN OF OPERATIONS
1. DESCRIPTION OF PERMITTED USE
A. Existing Facilities. None.
B. Proposed Facilities. Tenant has submitted to State plans and specification for the
construction of a new overwater structure for use as a community dock. The
detailed project drawings are on file and available from the State under Aquatic
Lands Lease Number 22-086046. State grants its consent to this Work as
provided under Paragraph 7.3(b) of the Lease, except that Tenant shall conform
all Work to all limitations, standards and obligations in this Exhibit B.
2. ADDITIONAL OBLIGATIONS
A. Tenant shall post clearly the location of the nearest sewage pumpout facility.
B. Tenant shall post the Property with no-wake advisories.
Aquatic Lands Lease Page 32 of32 Lease No. 22-086046
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LLJ A (0-oo~
Barbee Mill Community Dock Projeqt
. Army Corps of Engineers Reference #
City of Renton
Planning Division
JAN 2. .2 2UiU
Biological Evaluation/ Habitat Data Report
January 19, 2010
For:
Conner Homes at Barbee Mill, LLC (Attn: Charlie Conner)
846 108th Ave NE
Bellevue, WA 98004
At:
Conner Homes at Barbee Mill
4151 & 4125 Williams Ave N
Renton, WA 98056
Parcels #051850 0350 (4151) and 051850 0360 (4125)
Prepared by:
Marine Surveys & Assessments
521 Snagstead Way
Port Townsend, W A 98368
Phone: (360) 385-4073, Fax: (360) 385-1724
E-mail: sea@cablespeed.com
RECEIVED
03/13/2019
amorganroth
PLANNING DIVISION
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List of Figures and Attachments
Figure Number Page
1 . Vicinity and area maps .................................................................... 14
2. DNR withdrawal area ........................................................................ 15 .
3. Plot plan .............................................................................................. 16
4. Proposed pier plan and elevation views ...................................... 1 7
5. Proposed section and framing views A-A ............... ; ...................... 18
6. Proposed section and framing views B-8 ....................................... 19
7, Planting areas .................................................................................... 20
8. Planting legend ................................................................................. 21
9. Planting plan ...................................................................................... 22
1 0. Tree and shrub planting detail ........................................................ 23
Attachment Number Page
1. Photograph of the site ................................................................ 24-25
2. Species list for King County ........................................................ 26-27
3. Essential Fish Habitat Assessment .............................................. 28-29
4. Assessment of Impacts to Critical Habitat
for Puget Sound Chinook ........................................................... 30-31
5. Assessment of Impacts to Critical Habitat
for Coastal -Puget Sound Bull Trout.. ........................................ 32-33
MS&A Barbee Mill Community Dock Project • 2
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Biological Evaluation/Habitat Data Report
Barbee Mill Community Dock Project
I. PROJECT DESCRIPTION
A. Project Location: '
'l4 Section NW32, Township 24N, Range OSE.
4151 and 4125 Williams Avenue N.
Renton, W A 98056
Latitude: 47.515745°N/Longitude: 122.206114°W
See Figure 1 for project location.
B. Project Description:
The proposed project is the construction of a community use dock intended to facilitate access to Lake Washington
for Barbee Mill community residents (Figures 1, 3 and 4). The Barbee Mill community is being developed by
Conner Homes at Barbee Mill LLC on the approximately 22 acre site of the fonner Barbee Mill Company lumber
mill. To restore the former industrial site to a parcel suitable for a residential waterfront subdivision, the mill
buildings were demolished; fill soils were removed from behind the bulkhead; asphalt paving, a pier, the wooden
bulkhead and piling associated with the mill operation were removed; and extensive shoreline restoration was
completed pursuant to sale of the site to Conner Homes. The shoreline restoration was completed by the Barbee
Mill Company in conjunction with vacation of the land.
The proposed community dock is adjacent to one vacant lot (36) ( 4125) scheduled for residential development and
located at the vacant lot (Lot 35) (4151) recently reallocated to the Barbee Mill Community as a result of DNR
disallowing the Community Dock to be constructed over a withdrawal area (Figure 2). This north property (Lot 35)
has been reallocated to the community to provide lake access for all upland owners and those waterfront owners
located north of the site adjacent to the DNR withdrawal area. In addition to a landing and day moorage facility for
watercraft, the proposed community dock would be a suitable place for launching canoes and kayaks, for sun-
bathing, for swimming, fishing, water skiing and any number of other water sports and activities. Both properties
are currently vacant but Lot 36 is planned for a single-family residence.
The shoreline consists of a sheet pile/concrete. Additional native riparian plantings on both parcels will be offered
as part of this project. The substrate consists of small angular rock and cobble.
C. Habitat Data:
As mentioned above, the general project area is located at the former Barbee Mill Company lumber mill site. As a
former industrial site, the general development area, including the subject property, was subject to decades of
disturbance and degradation by human activity. The Lake Washington shoreline was heavily bulkheaded, back-
filled and covered with impervious asphalt paving. Numerous piling and substantial quantities of concrete rubble
and other shoreline debris were on site. To restore this former industrial site to a parcel suitable for a residential
waterfront subdivision, upland and in-water structures including the mill buildings, timber bulkhead and piling were
removed, shoreline rubble was removed, fill soil was excavated to subgrade. elevations, and toe rock and a
temporary quarry spall erosion control berm were installed. In addition, extensive shoreline restoration was
completed which included using sand, gravel ·and rock materials to construct a beach to mimic natural conditions
MS&A Barbee Mill Community Dock Project • 3
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and installing coir rolls along the Lake Washington ordinary high water line. No additional excavation, grading,
clearing or fill material will be required for the proposed pier project.
The subject property is located south of, and was not included in, the area requiring the most extensive remediation.
The study area includes no wetland or flood hazard areas but it does include Lake Washington riparian areas. Prior
to the site restoration, riparian vegetation was found to be generally absent in the Barbee Mill community
development area due to extensive paving. In unpaved areas, vegetation noted included Juncus e.ffusus (soft tush)
and Iris pseudocaris (a non-native iris). In accordance with the general development mitigation planting plan, native
plants were installed along the entire Barbee Mill community Lake Washington shoreline, including the subject
property shoreline. In conjunction with construction of the proposed community dock, additional native plants,
shrubs and/or trees will be planted as specified in applications to, and as approved by, the Washington State
Department ofFish and Wildlife and the U.S. Anny Corps ofEngineers (Figures 7-9).
Until the extensive site restoration was completed, the industrial use of the property limited the ecological functions
that would otherwise have been provided by Lake Washington and its adjacent riparian area. As a result of the
extensive remediation, beach reconstruction and plantings, the ecological functions of the Lake Washington
shoreline within the study area should be greatly enhanced. The addition of riparian vegetation to this formerly
near-barren site should help water quality by filtering pollutants, removing nutrients and reducing sediments in any
runoff from the adjacent upland development while helping to stabilize and protect the shoreline from erosion. The
riparian vegetation planted and to be planted should increase the habitat available for aquatic invertebrates and fish;
the addition of organic matter to the lake substrate from fallen and washed in leaves and woody debris will provide
them with food, shelter and shade. Increased overhanging vegetation will also provide shade and predator protection
for fish and aquatic invertebrates and may facilitate the migration of juvenile salmon. Terrestrial insects will benefit
from the food and shelter provided by newly planted vegetation, which in turn will provide' an additional food
source for the birds and animals that feed upon them.
The Washington State Department of Fish and Wildlife Priority Habitat and Species database
(http://wdfw.wa.gov/hab/phslist.htm) identifies habitats and species considered to be priorities for conservation and
management. Listed species observed in the general Barbee Mill community development area include bull trout,
Puget Sound chinook salmon, Puget Sound steelhead, and marbled murrelet, all of which are discussed below.
Protected wildlife in Washington State shall not be hunted or fished (WAC 232-12-011). Protected wildlife noted
from time to time within the general Barbee Mill community development area include the marbled murrelet and
the bald eagle. The marbled murre let is classified as a "threatened species," a species likely to become endangered
within the foreseeable future throughout a significant portion of their range within the state without cooperative
management or removal of threats. The bald eagle is no longer on the list of threatened or endangered species
under the Endangered Species Act (ESA) but continues to be protected by the Bald and Golden Eagles Protection
Act and the Migratory Bird Treaty Act and is protected as a "sensitive species" in Washington. Sensitive species are
vulnerable or declining and likely to become endangered or threatened in a significant portion of their range within
the state without cooperative management or removal of threats. The only eagle nests observed near the subject
property are two nests approximately 0.65 mile from the site on the opposite shore.
D. Project Description:
MS&A
The proposed community dock will consist of a fully grated 1,592 ft2 Community Dock with a 5'-10" x 172'
(1,003 ft?) main walkway, a 7'-10" x 56' (437 ft2) "T" and a 5'-10" x 26' (152 ft2) fmger pier (Figures 3-6). The
dock will have a 100% grated surface with 46% open space. The dock will be supported by (14) 6" And (14) 8"
diameter steel battered piles. Piles will be driven using a vibratory pile driver to practical refusal. A native
planting plan will be installed (Figures 7-9). A 6' wide walkway is needed to safely serve the anticipated number
of users.
Barbee Mill Community Dock Project • 4
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E. Construction Sequence:
1. Mobilize construction barge to the site with all construction materials and equipment on board. Moor the barge as
to prevent grounding on the lake bottom at any time during construction.
2. Install silt containment curtain around work area to contain any debris that may fall into lake waters. In the event
any materials enter lake waters they will be retrieved inunediately and placed in debris containers on the barge.
3. Using the barge-based crane and vibratory insertion/extraction system, install (14) 6", (14) 8" diameter steel
batter piles practical refusal.
4. Cut steel piling as necessary at the appropriate elevation.
5. Install pre-fabricated dock, "ELL" and fmger sections onto pipe collar assemblies and secure to piling.
6. Demobilize and dispose of all debris at approved upland disposal site.
General Notes:
1. All treatments will be applied and fully cured prior to delivery to the site.
2. Ramp and pier section will be prefabricated at contractor's Lake Union Facility and delivered to the site via
construction barge.
3. Native riparian planting plan will be installed by others following construction.
A TIENTION: Fisheries alert! If at any time, as a result of project activities, fish are observed in distress, a fish kill
occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and the
WDFW at (360) 534-8233 and Washington Department of Ecology at ( 425) 649-7000 shall be contacted
immediately. Work shall not resume until further approval is given by the WDFW.
F. Action Area:
The action area should include the area within a one-mile radius of the project location. This area includes potential
turbidity and noise impacts from the construction process.
II. SPECIES AND HABITAT INFORMATION
A. Species Information:
In the project area, the Puget Sound chinook (Oncorhynchus tshawytscha) is listed under the Endangered Species
Act as a threatened species according to the National Marine Fisheries Service (NMFS)(Federal Register, Vol. 64,
No. 56). On May 11, 2007, NMFS also listed the Puget Sound steelhead (Oncorhynchus mykiss) as a threatened
species under the ESA (Federal Register I Vol. 72, No. 91 I Friday, May 11,2007 I Rules and Regulations). Bull
trout (Salvelinus confluentus) were listed as threatened by the United States Fish and Wildlife Service (USFWS) in
October of 1999.
On September 2, 2005, NMFS issued the final rule designating critical habitat for 12 Evolutionarily Significant
Units (ESU s) of West Coast salmon, including the Puget Sound Chinook Salmon ESU and the Hood Canal
Summer-run Chum ESU. The project site is in an area designated as critical habitat for the Puget Sound Chinook
ESU (Federal Register /.Vol 70, No.l70 I Friday, September 2, 2005 Rules and Regulations). USFWS has
MS&A Barbee Mill Community Dock Project • 5
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designated critical habitat in Lake Washington for Coastal-Puget Sound bull trout (Federal Register I Vol. 70, No.
185 I September 26, 2005 I Rules and Regulations).
Puget Sound Chinook: Puget Sound chinook, also called the king salmon, are distinguished from all other Pacific
salmon by their large size. Most chinook in the Puget Sound are "ocean-type" and migrate to the marine
environment during their first year (Myers et al. 1998). They may enter estuaries immediately after emergence
as fry from March to May at a length of 40 mm., or they may enter the estuaries as fingerling smolts during May
and June of their first year at a length of 60-80 nun. (Healey 1982). Chinook fry in Washington estuaries feed
on emergent insects and epibenthic crustaceans (gammarid amphipods, mysids, and cumaceans). As they grow
and move into neritic habitats, they feed on decapod larvae, larval and juvenile fish, drift insects, and
euphausiids (Simenstad et al. 1982). These ocean-type chinook use estuaries as rearing areas and are the most
dependent of all salmon species on estuaries for survival.
In the Lake Washington system, adult chinook salmon usually arrive at the Chittenden Locks in July, although
there are some arrivals before and after July (Synthesis of Salmon Research and Monitoring. 2008). According
to Freshet al. (2000), the total time for salmon migration from the Locks to arrival at their tributary spawning
grounds "can take up to 55 days, but averages less than 30." During much of this time, salmon hold in the
upstream area from the Locks before moving through the Ship Canal and Lake Union. Fresh et al. (2000) found
the average holding time to be from 17 to 19 days. After reach their spawning streams between September and
November, spawning occurs from October to December.
According to Taboret al. (2006), "Fry emerge from their redds from January to March. Juvenile Chinook
salmon appear to have two rearing strategies: rear in the river and then emigrate in May or June as pre-smolts,
or emigrate as fry in January, February, or March and rear in the south end of Lake Washington or Lake
Sammamish for three to five months." In the project area vicinity, juvenile chinook salmon from the Cedar
River enter Lake Washington and rear in the south end of the lake primarily from January to May.
Taboret al. (2006) also reported that:
Similar to results of 2002, juvenile Chinook salmon were concentrated in the south end of Lake Washington
from February to May ..... Therefore, it appears that the lake shore area near the natal stream is an important
nursery area for juvenile Chinook salmon. In Lake Washington, the major part of this nursery area appears
to be roughly from Pritchard Beach on the west shoreline and the mouth of May Creek on the east shore and
the south part of Mercer Island. The distance from the mouth of the Cedar River to the edge of the nursery
area is around 6 krn. North ofthis area, the number of Chinook salmon would be expected to be relatively
low until mid-May or June.
In the same study cited above, it was found that marked chinook did not move far from their release' site at Gene
Coulon Park (approximately 1.5 miles south of the current project site). Marked juveniles were observed 1, 7,
15, and 21 days after release at Gene Coulon Park. All of the marked salmon that the investigators observed had
moved less than 150 m from their release site at the park.
After moving slowly away from the Green River and south Lake Washington, juveniles reach the Chittenden
Locks during the period between May and August, with peak migration through the Locks taking place in June.
According to Kerwin (2001) chinook, coho, sockeye and winter steelhead use May Creek near the project site
for spawning, rearing and migration. However, volunteers from the Volunteer Salmon Watchers Program have
been observing salmon in May Creek since 2000. They have reported that only sockeye are seen consistently,
while chinook, coho, cutthroat trout and kokanee salmon are less commonly seen.
Bull Trout: Coastal-Puget Sound bull trout have ranged geographically from northern California (at present they
are extinct in California) to the Bering Sea coast of Alaska, and northwest along the Pacific Rim to northern
Japan and Korea. Bull trout are members of the char subgroup of the salmon family. Spawning occurs typically
from August to November in streams and migration to the open sea (for anadromous populatiops) takes place in
the spring. Eggs and juveniles require extremely cold water for survival. Temperatures in excess of about 15
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degrees Care thought to limit bull trout distribution (Rieman and Mcintyre 1993). They live both in fresh and
marine waters. Some migrate to larger rivers (fluvial), lakes (adfluvial), or saltwater (anadromous) before
returning to smaller streams to spawn. Others (resident bull trout) complete all of their life in the streams where
they were reared. Habitat degradation, dams and diversions, and predation by non-native fish threaten the
Coastal-Puget Sound population. The Coastal-Puget Sound bull trout population is thought to contain the only
anadromous forms ofbull trout in the contiguous United States (Federal Register, Vol. 6( No. 210, 1999).
Two subpopulations of bull trout (also known as "native char") are considered within the Lake Washington
area: the Chester Morse Reservoir population and the Issaquah Creek-Sammamish River population (Federal
Register, Vol. 64, No. 210, 1999). "Only two 'native char' have been observed during the past 10 years in the
Issaquah Creek drainage and none have been observed in the Sanunamish River system. It is questionable
whether a viable subpopulation remains." (Federal Register, Vol. 64, No. 210, 1999).
Puget Sound Steelhead: Wild winter steelhead enter the Lake Washington system in mid-December with peak
spawning taking place in May. There have been high rates of predation by California sea lions at the Ballard
Locks, which is one of the leading factors in the declining steelhead production in the Lake Washington system
(1992 Washington State Salmon and Steelhead Stock Inventory. Appendix One -Puget Sound Stocks.
Washington Department ofFish and Wildlife, Olympia, WA.).
According to Kerwin (2001):
The Lake Washington system supports one native winter steelhead stock but not a summer steelhead stock
(SASSI 1994). The winter steelhead stock was listed in SASSI as "Depressed" but has recently shown some
evidence of rebounding. A limited hatchery program utilizing the native winter steelhead stock was initiated
in 1997 as a supplementation type program to assist in recovery of winter steelhead populations in the north
Lake Washington tributaries. The sharp decline in Lake Washington winter steelhead was noted as a reason
for concern by NMFS in their stock status review (Busby 1996).
However, in a more recent analysis, between 1986 and 2004 escapement for the Lake Washington winter-run
steelhead ranged from 1,816 (1986) to 44 (2004) (WDFW 2004). Based on the chronically low escapement and
short-term severe decline in escapements, the stock status has decreased from its 1992 "depressed" status to
"critical" in 2002.
Marbled Murrelets: Marbled murrelets are small marine birds in the alcidae family. They spend most of their time
at sea and only use old growth areas for nesting. In the critical nesting areas, fragmentation and loss of old
growth forest has a significant impact on the survival and conservation of the species (WDW, 1993). Adult
birds are found within or adjacent to the marine environment where they dive for sand lance, sea perch, Pacific
herring, surf smelt and other small schooling fish, and feed on invertebrates.
The project site is located in an urban environment adjacent to a major highway. There is a high level of
ambient noise in the project vicinity. There is no nesting habitat near the site. Therefore it is unlikely that
murrelets will be present in the project vicinity.
Ill. EFFECTS OF THE ACTION
The status of each of the listed species in the action area has been provided. The proposed project has been
described and the action area defined. When reviewing all the data, the potential direct and indirect effects of the
proposed action on the listed species and their critical habitat should be considered.
A. Direct Effects:
When considering the direct effects of the proposed project, one must determine if the proposed project will
MS&A Barbee Mill Community Dock Project • 7
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immediately reduce or destroy the listed species and/or their habitat. The potential, direct impacts caused by the
construction process include increased noise and turbidity.
Pile driving noise: A vibratory pile driver will be used to drive the piles to practical refusal. Feist eta!. (1992)
reported that salmonids could be expected to hear pile driving noise approximately 2,000' from the source.
Based on the studies at the Everett Homeport, these researchers concluded that pile driving diq alter the
distribution and behavior of juvenile pink and chum salmon. However, the Everett Homeport results may not be
entirely applicable to the proposed project, because a diesel powered compression hammer was used in that
study. As stated in the Feist report, "It would be reasonable to say that juvenile salmonids might respond
differently to the sounds of a vibratory hammer, compared to that of a diesel compression hammer."
As noted above, It is unlikely that murrelets will be present in the action area. Therefore, the construction
process should have little or no impact on marbled murrelets.
Turbidity: Increased turbidity caused by pile driving could, under certain circumstances, have adverse effects on
salmon and bull trout. The effects depend on duration of exposure, concentration of turbidity and the life stage
of the salmon during the increased exposure. The effects can be discussed in terms of lethal, sublethal or
behavioral (Nightingale and Simenstad 200 Ia and Simenstad, editor, 1988). A silt containment curtain will be
installed in the project area to contain and minimize turbidity impacts.
To minimize the adverse effects of increased turbidity and noise on migrating salmonids and bull trout, inwater
construction work will take place during the approved work window from July 16 to December 31. Overwater
work can proceed outside of the inwater work window.
B. Indirect Effects:
Indirect effects are effects of the project that occur later in time. For this project, indirect effects might include
alteration of juvenile salmon migratory pathways, increase in salmonid predation and reduction in prey resources
andrefugia due to shading of the epibenthic substrate by the structure.
Migratory pathway alteration:
MS&A
Freshwater: There were no studies specifically investigating the effects of piers on salmonid migration in lakes
cited by Kahler et al. (2000) in their review of pier-related impacts in lakes. Concerning the lake environment,
Kahler et al. (2000) state, "The question remains whether juvenile salmonids in lakes migrate under, or
otherwise utilize, piers, or if they avoid them and/or traverse their perimeter."
However, more recent reports have provided additional information concerning salmon responses to overwater
structures.
Tabor and Piaskowski (2002) noted that, "In February and March, chinook salmon were found using overhead
structures (piers, docks, and overhanging vegetation) during the day but in April and May, no chinook salmon
were ever observed using overhead structures. At night, chinook salmon rarely used overhead structures." The
authors hypothesized that the overhead structures were being used as a substitute for natural overhead cover
during the days in February and March.
In a later study, Tabor et al. (2006) noted slightly different results. They state that, "When migrating Chinook
salmon approach a pier they appeared to move to slightly deeper water and either pass directly under the
structure or swim around the pier. Most likely they move to deeper water as a way of reducing their predation
risk." The pier where these findings we made is approximately 7.8' wide, 138' long and had solid decking. The
dimensions of the piers in the earlier study are not known. The results from the later study were noted in May
and July, whereas the 2002 study results were for the earlier months of February and March.
Barbee Mill Community Dock Project • 8
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
The results of Celedonia et al. (2008) were similar to those of Tabor et al. (2000). Celedonia et al. stated,
"Juvenile Chinook salmon generally avoided areas directly beneath overwater structures. However, areas along
the edges of structures (within about 2m horizontal distance) were sometimes used for prolonged periods (up to
2 hours in one case)." However, these authors offered the following qualifying statement:
These observations may be representative of holding fish near structures in general, but may not be an
accurate indication of how untagged Chinook salmon would generally behave upon volitionally entering
these specific areas. Actively migrating fish (i.e., most fish released off-site and observed at the Seattle
Tennis Club site) often appeared to change course as they approached a structure. Structure width and water
depth appeared to influence degree of avoidance. Fish appeared less hesitant to pass beneath narrow
structures. Fish also appeared to move into deeper water to travel beneath or around structures.
These authors also observed:
Behavior at structures differed (i.e., swim beneath or travel around perimeter), and may have been related to
such interrelated factors as: fish size, light levels beneath the structure, degree of contrast at the light-dark
edge, width of the structure, height of the structure above the water surface, and water column depth
beneath the structure. Further study is needed to conclusively determine how these and other factors interact
to influence Chinook salmon behavior.
Marine Waters: In the marine environment, it is generally accepted that overwater structures can alter
migration behavior of juvenile salmon (though the effects may vary depending on the design and orientation of
the structure, degree of shading, and the presence of artificial light), and reduce salmon prey resources and
refugia by shading aquatic plant life (Simenstad et al. 1999; Nightingale and Simenstad 2001 b). However, the
significance of these effects is not clear. As Simenstad et al. state, "We found no studies that described
empirical evidence supporting or refuting that modification of juvenile salmon behavior in shoreline habitats
was reflected in changes in survival." Nightingale and Simenstad (200 1 b) state, "Presently, although we know
that under some conditions small juvenile salmon will delay or otherwise alter their shoreline movements when
encountering an overwater structure, the conditions under which this behavioral modification is significant to
the fishes' fitness and survival is relatively unknown."
A study by Williams et al. (2003) at the Mukilteo ferry terminal, found that, "Salmon fry were observed in all
nearshore habitats during each transect sampling period (day and night). The fry were observed under a wide
range of PAR values (0.0 p.mol m-2 s-1 to 2370 p.mol m-2 s-1 ). Fry were observed both outside the terminal
and underneath the terminal at all times, and shadows produced by the 1O-m-wide terminal structure did not
appear to act as barriers to fry movement at this location."
There is no question that underwater structures may alter migration patterns-that is not in dispute. As seen in
the study by Williams and in many other studies (see the literature review by Weitkamp-2003), there are
studies that indicate that salmon migration is not affected by the presence of overwater structures. Of course,
there are other studies indicating migration patterns are altered by overwater structures.
The issue is that no one has shown that these migration changes lead to increased mortality or decreased fitness.
None of the studies that report changes in salmonid migration patterns caused by overwater structures in the
marine environment have reported that these changes have a negative impact on salmonids.
Increased predation: An additional concern about the impacts of overwater structures on migrating salmon is that
they will be forced to move out into deeper water, where they will be consumed by predatory fish speCies.
However, in a study conducted in the marine environment, Williams et al. (2003) noted:
MS&A
We found no evidence that avian, marine mammal, or fish predators consumed more juvenile salmon
near WSF terminals than along shorelines without overwater structures. Few species appeared to be
targeting abundant fry in nearshore habitats, and we observed only two occasions in which predators
(one tern sp., one staghorn sculpin) had consumed juvenile salmon.
Barbee Mill Community Dock Project • 9
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The authors also state,
Our analysis of fish diets at the Mukilt~o ferry terminal provides one piece of conclusive evidence that
juvenile salmon were not a major dietary component of predatory fish species during our study.
It should be noted that the Williams study was conducted in the marine, not lake, environment.
In Lake Washington, smallmouth bass migration into the littoral zone corresponds with the peak occurrence of
migrating salmonids in this zone (Freshet al. 2001). Because of these similar migration patterns, salmonids are
most at risk of predation from smallmouth bass in Lake Washington. Bass prefer complex, natural cover for
their foraging environment. When there is a scarcity of natural cover for foraging, as is the situation in Lake
Washington, they tend to use the dominant structures in the environment, such as pilings and piers, for foraging
cover (Kahler et al. 2000). There is concern that increasing the number of overwater structures will increase the
predation success of smallmouth bass on migrating salmonids.
Taboret al. (2004) investigated predation of juvenile chinook salmon in three areas of the Lake Washington
Basin. One of the areas they looked at was the south end of Lake Washington, an important rearing area. The
investigators found that:
The only predators observed to consume Chinook salmon were cutthroat trout, prickly sculpin (C. asper),
smallmouth bass (Micropterus dolomieui), and largemouth bass (M salmoides). Consumption of Chinook
salmon by cutthroat trout was observed in February, March and early April. Predation by prickly sculpin
was only observed in February. Smallmouth bass consumed Chinook salmon in May and June. Few
largemouth bass were collected; however, we did document a largemouth bass that had consumed a
Chinook salmon in June. We estimated a total of 1,400 Chinook salmon fry were consumed by littoral
predators from February to mid May ..... Based on consumption estimates and expected abundance of
juvenile Chinook salmon, predatory fishes probably consumed less than 10% of the fry that entered the lake
from the Cedar River.
The investigators in this study did not comment on the impacts of overwater structures on the predation rate found
in south Lake Washington.
The following design components will reduce foraging cover and allow more light penetration under the proposed
pier.
1.The dock will have a fully grated surface with 46% open space to allow light to reach the lake waters below.
2. The bottom of the dock will be 18" above the OHWL.
3. The smallest number and diameter steel piles will be used to minimize the amount of structure in the water
and disturbance to the substrate.
4. Glu-lam stringers will be used to allow the longest spans possible between piles.
C. Interrelated/Interdependent Effects:
Completion of this project will not promote future construction or other activities that would not otherwise occur
without its completion. Therefore, no additional interrelated or interdependent actions that could affect species
regulated under ESA will occur because of this project.
D. Take Analysis:
"Take" is defmed as, "to harass, harm, pursue, hunt, shoot, wound, trap, capture, collect or attempt to engage in any
such conduct." The USFWS further defines "harm" as "significant habitat modification or degradation that results
in death or injury to listed species by significantly impairing behavioral patterns such as breeding, feeding, or
MS&A Barbee Mill Community Dock Project • 1 0
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
sheltering." It is likely that no "take" will result from this project.
E. Conservation Measures:
In order to minimize any direct effects on the listed species caused by this project, inwater work should take place
between July 16 and December 31. It is requested that overwater work be allowed to take place outside of this work
window. Additional impact reduction and mitigation measures will reduce adverse impacts of the project. They
include:
l .The dock will have a fully grated surface with 46% open space to allow light to reach the lake waters below.
2. The bottom of the dock will be 18" above the OHWL.
3. The smallest number and diameter steel piles will be used to minimize the amount of structure in the water and
disturbance to the substrate.
4. Glu-lam stringers will be used to allow the longest spans possible between piles.
5. The con.struction barge will not be allowed to ground out on the lake bottom at anytime.
6. Piles will be driven using a vibratory pile driver to practical refusal.
7. Construction will take place during authorized inwater work windows design to protect listed species and/or
critical habitat.
8. All dock sections will be prefabricated at the contractor's lake union facility and delivered to the site via
construction barge.
9. A native planting plan will be installed.
F. Determination of Effect:
After reviewing the appropriate data and surveys, the effect determinations for the impacts of the project, as
designed, are:
1. Puget Sound chinook-''May affect, not likely to adversely affect"
2. Bull trout -"May affect, not likely to adversely affecf'
3. Puget Sound steelhead-"May affect, not likely to adversely affect"
4. Marbled murrelet-''No effect"
This is the appropriate conclusion when effects on the species and their critical habitat are expected to be beneficial,
discountable or insignificant. Limiting construction work to the approved work window will reduce direct impacts
on the listed species. Shading impacts on the benthic environment will be minimized by the conservation measures
discussed above.
MS&A Barbee Mill Community Dock Project • 11
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Literature
Celedonia, M. T., Roger A. Tabor, Scott Sanders, Daniel W. Lantz, and Ian Grettenberger. 2008.Movement and
habitat use of chinook salmon smolts and two predatory fishes in Lake Washington and the Lake Washington
Ship Canal. 2004-2005 acoustic tracking studies. Final report to Seattle Public Utilities.
Federal Register I Vol. 61, No. 102 I May 24, 1996 I Rules and Regulations.
Federal Register I Vol. 64, No. 56 I March 24, 1999 I Rules and Regulations.
Federal Register I Vol. 64, No. 210 I November 1, 1999 I Rules and Regulations.
Federal Register I Vol 70, No.170 I Friday, September 2, 2005 I Rules and Regulations.
Federa l Register I Vol. 70, No. 185 I September 26, 2005 I Rules and Regulations.
Federal Register I Vol. 72, No. 91 I Friday, May 11, 2007 I Rules and Regulations.
Feist, Blake E., J.J. Anderson and R. Miyamota. 1992. Potential impacts of pile driving on juvenile pink
(Oncorhynchus gorbuscha) and chum (0. keta) salmon behavior and distribution. FRI-UW-9603, Fish. Res.
Inst., UW, Seattle, W A.·
Fresh, K.L, E. Warner, R. Tabor, and D. Houck. 2000. Migratory behavior of adult Chinook salmon spawning in the
Lake Washington watershed in 1998 and 1999 as determined with ultrasonic telemetry. Extended abstract and
presentation prepared for the Washington Chinook Salmon Workshop, November.
Fresh, K. L., D. Rothaus, K. W. Mueller and C. Mueller. 2001. Habitat utilization by predators, with emphasis on
smallmouth bass, in the littoral zone ofLake Washington (draft). WDFW.
Healey, M. C. 1982. Juvenile Pacific salmon in estuaries: the life support system, pp. 315-341. In: V.S. Kennedy
( ed. ), Estuarine comparisons. Academic Press, New York, NY.
Kahler, T., M. Grassley and David Beauchamp. 2000. A summary of the effects of bulkheads, pier and other
artificial structures and shorezone development on ESA-listed salmonids in lakes. City of Bellevue.
Kerwin, J., 2001. Salmon and Steelhead Habitat Limiting Factors Report for the Cedar-Sammamish Basin (WRIA
8). Washington Conservation Commission. Olympia. WA.
Myers, J. M., R. G. Kope, G. J. Bryant, D . Teel, L. J. Lierheimer, T. C. Wainwright, W. S. Grand, F. W. Waknitz,
K. Neely, S. T. Lindley, and R. S. Waples. 1998. Status review of Chinook salmon from Washington, Idaho,
Oregon, and California. U.S. Dept. ofCommerce,NOAA Tech Memo. NMFS-NWFSC-35, 443 pp.
Nightingale, Barbara and Charles Simenstad. 2001a. Dredging activities: marine issues. Submitted to Washington
Department ofFish and Wildlife, Washington Department of Ecology, and Washington State Department of
Transportation, Olympia, W A, 144 pp.
Nightingale, B. and Charles Simenstad. 2001b. Overwater structures: marine issues. Submitted to Washington
Department ofFish and Wildlife, Washington Department of Ecology, and Washington State Department of
Transportation, Olympia, W A, 177 pp.
Rienman, B. E. and J.D. Mcintyre. 1993. Demographic and habitat requirements for conservation of Bull Trout.
Gen. Tech. Rpt. U.S. Forest Service, Intermountain Research Station, Ogden, UT. 38 pp.
Simenstad, C. A., K. L. Fresh and E. 0. Salo. 1982. The role ofPuget Sound and Washington coastal estuaries in
the life history ofPacific salmon: an unappreciated function. Pp. 343-364. In: V. S. Kennedy, (ed.), Estuarine
comparisons. Academic Press, New York, NY.
Simenstad, C. A., (ed.). 1988. Effects of dredging on anadromous Pacific coast fishes, Workshop proceedings,
MS&A Barbee Mill Community Dock Project • 12
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Washington Sea Grant, Seattle WA, September 8-9, 1988.
Simenstad, C.A, B.J. Nightingale, R.M. Thorn and D.K. Shreffler. 1999. Impacts offerry terminals on juvenile
salmon migration along Puget Sound shorelines. Phase 1: Synthesis of state of knowledge. Report to
WSDOT!fJSDOT Research Report T9903, Task A2, 116 pp. +appendices.
Synthesis of salmon research and monitoring. Investigations conducted in the Western Lake Washington Basin.
December 31,2008. Seattle Public Utilities and the Army Corps ofEngineers. Contributors: Mike Cooksey
Peter N. Johnson, Paul DeVries, Michele Koehler, Charles J. Ebel, Lynne Melder, Frederick A. Goetz, Jim
Muck, Julie Hall Eva Weaver
Tabor, R. A. and Richard M. Piaskowski. 2002. Nearshore habitat use by juvenile chinook salmon in lentic systems
of the Lake Washington Basin. Annual Report, 2001. U.S. Fish and Wildlife Service, Western Washington Fish
and Wildlife Office, Fisheries Division. 510 Desmond Drive SE, Suite 102, Lacey, Washington 98503.
Tabor, R. A., M. T. Celedonia, F. Mejia, R. M . Piaskowski, D. L. Low, B. Footen and L. Park. 2004. Predation of
juvenile chinook salmon by predatory fishes in three areas of the Lake Washington Basin. U.S. Fish and
Wildlife Service, Muckleshoot Indian Tribe anq Northwest Fisheries Science Center.
I
Tabor, R . A. Howard A. Gearns, Charles M. McCoy ill , and Sergio Camacho. 2006. Nearshore habitat use by
juvenile chinook salmon in lentic systems of the Lake Washington Basin. Annual Report, 2003 and 2004. U.S.
Fish and Wildlife Service, Western Washington Fish and Wildlife Office, Fisheries Division. 510
Desmond Drive SE, Suite 102, Lacey, Washington 98503
Washington Department ofFish and Wildlife (WDFW). 2004. Salmonid Stock Inventory (SaSI).
Washington Department ofFish and Wildlife, Olympia, W A
Weitkamp, Don E. September 2003. Young Pacific Salmon in Estuarine Habitats. Review Draft. Parametrix, Inc.
Kirkland, W A
Williams, G. D., R. M. Thorn, D. K. Shreffler, J. A. Southard, L. K. O'Rourke, S. L. Sergeant, V.I. Cullinan, R.
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Moursund, and M. Stamey. Assessing Overwater Structure-Related Predation Risk on Juvenile Salmon: Field
Observations and Recommended Protocols. September 2003. Prepared for the Washington State Department of
Transportation Under a Rehtted Services Agreement With the U.S. Department of Energy Under Contract DE-
AC06-76RLO 1830. .
Barbee Mill Community Dock Project • 13
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MS&A
Figure 1. Vicinity map
PROJECT DESIGNED BY:
Waterfront Constru:tion loc. THIS OOOJI.IEliT IS PROPRIETAAY PROPeRTY Of' l't'AlERf'RONT
CONSTRUCTION NC., AND IS NOT 10 B( USED, IN *"OLE OR 11<
PART, fOR ANY OTHER PROJECT WITHOUT THE \'IRITIEN "'--lHORIZATIOI< OF WATERFRONT CONSTRUCTION I'<C.
VICINITY MAP /NO SCALE
LEGAL DESCR IPTION
1/4 SEC: NW :}2-24N-05E
TAXLOT #~ 051850 0350 (4151) & 0518500360 (4125)
BARBEE MILL TGW UNO INT IN TRS
A,B,C,D,E,F,G,H,I,L,M,N,O&P
LAT: 47.515745N
LONG: -122.206 114W
PURPOSE:PROVIDE COMI.IUNITY ACCESS
AND PRIVATE I.IOORAGE
DATUM: COE 0.0' EST 1919
ADJACENT OWNERS:
Q) CONNER HOMES AT BARBEE MILL LLC
4157 WILLIAMS AVE N
RENTON, WA. 98056 0 CONNER HOMES AT BARBEE MILL LLC
41 19 WILLIAMS AVE N
RENTON, WA. 96056
PROJECT NA E;
REFERENCE f:
BARBEE I\IILL
COMMUNITY DOCK
SITE LOCATION ADDRESS:
4125 & 4151 \'IILLIAI;IS AVE N
RENTON, WA. 96D56
We#: 05-3077-A.I-1
t
I
w
__J
I= <{ w
(f)
KENMoRE
JUANITA
KIRKLAND
BELLEVUE
RENTON
AREA MAP/
MILES
1 MILE
PROPOSED: INSTALL COIIIMUNITY DOCK
IN: LAKE WASHINGTON NEAR: RENTON
COUNTY: KING STATE: WA
APPL BY: CONNER HOMES AT BARBEE MILL LLC
SHEET: 1 OF: 7 DATE: 1-12-10
Barbee Mill Community Dock Project • 14
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Figure 2. DNR withdrawal area
.t> N
I
DNR WITHDRAWL
DNR WITHDRAWL AREA MILL LLC
100' 50' o· 100' PROPOSED: INSTALL COMMUNilY OOCK
SHEET; :3 OF: 7 NEAR AT: RENTON
DATE: 1-12-10 0 C • 05-3077-A..l-1
MS&A Barbee Mill Community Dock Project • 15
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
MS&A
Figure 3. Plot plan
-:.:--~--, . .,. L---s-s-
·,,
'•,
56'
l OHWL u:ai:J' (COE)
18.80' (NAVD 88) @
FACE ,~F BULKHEAD
PEND;~G FREESTANDING
PROPOsED
. . . . . ' ' ' ' /,/
GRATED DOCK •
..................
----?
(
PROJECT DESIGNED 6'1':
Waterfront Constntlioo loc. THIS DOCUMENT IS PROPRETNIY PROPERlY OF 1\'ATtRFRONl
CONSTRUCTION INC., AND IS "llT TO BE USED, IN WHOlE (R IN PART. FOR ANI' OTHER PROJECT WITHOUT THE WRITTEN AUTHORIZATION OF 1'/ATERfRONT CONSTRUCTION INC.
PROPOSAL
( CONSTRUCT A FULLY GRA TEO 1,592SOFT COMMUNITY DOCK WITH A S·11T X 172 (1.(Xl3SOFT)M'.N
WALKWAY, T-10' X 56' (437SQFT) T AND 5'·10' X15(15'2SQFT)FNGERPER
( THE DOCK WILL HAVE A 100% GRATED ~ACE WITH46%0PENSPACE
( THE DOCK WILL BE SUPPORTED BY (14) 6' AND (14)8'0W.£TERSTEELBATTEREOPlES
( PilES WilL BE DRIVEN USING A VIBRATORY PlEIJWERTOPRACOCALFa'USAL
( A NATIVE PLANTING PLAN WllBE NSTALLEO
\ []II] --r-.......,...-===-~~~~ ~-----;~
[_---------------s.Y 11\ 7·. {:!;r. ------·-.
4157/CONNER HOMES 34
DID
NATIVE PLANTING PLAN
JOB sm: 35
41 51/CONNER HOMES 3:1 . OITJ ~-
4113/CONNER HOMES
38
~ ----------
4101/CONNER HOMES l 40
----.,~
[1[[]:
,,, ......... -..
.. -.. ~ ... -
PLOT PLAN
50' 25' o' 50'
REFERENCE ~
APPLICANT: CONNER HOMES AT BARBEE f.IILL LLC
PROPOSED: INSTALL COMMUNITY DOCK
SHEET:4 OF:7 NEAR AT: RENTON
DATE: 1-12-10 D C : 05-3077-AA-1
Barbee Mill Community Dock Project • 1 6
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
s: (/) 9'> )> o:> 0 a-<D <D ~ () 0 3 3 c 2. -< 0 0 () 7' 'lJ .Q. <D () -+ • '-I ' ' ' \ ; : I I '. ' ',, ...... __ ... ~ N ' --t'" .... \! ~ \'\. \ '\ ' ' ' ' ' I I ___ / ' \ ',, '' ........ -', J ...... .., / ............ ... ... ...... --(14)/PROPOSED 6" STEEL/ BATIEREO PILING /_,: 5'-10' -l ' ' \, '. ' PROPOSED DOCK DETAIL VIEW SCALE: 1"=30' 10 ~-----------------------------------180' ------------------~--------------~ I 172' -----------------------------------1 PROPOSED FULLY GRATED DOCK EXISTING CONCRETE/SHEET PILE BULKHEAD TO REMAIN ! ~ ' '~ OHWL21.BO' 111 ~ · 11 11 11 11 11 1 11e ~ ~ 1 r: NAV088 (18.80') ( 1 4) PROPOSED 8'' STEEL BATIERED PILING PROJECT DESIGNED BYe (14) PROPOSED 6' STEEL BATTERED PILING PROPOSED DOCK ELEVATION VIEW NATIVE PLANTING PLAN ' } I r I \ \ ' ' ' ' -------~---,,, -EXISTING GRADE HOMES AT BARBEE MILL LLC 20 Waterfront Construction Inc. 3!'1' l'i' o· 3o· PROPOSED: INSTALL COMMUNilY DOCK THIS DOCUMENT IS P!IQPRI[l.AIIY PROPERTY OF WATERFRONT CONSTRUCTION INC .. /<NO IS N01 TO BE USED. IN WHOLE OR IN PART, FOR ANY OTHER PROJECT WllHOUT THE WRITTEN AUTHORIZATION OF 1'/ATERIRONT CONSTRUCTION INC . SCALL 1"=30' SHEET: 5 OF: 7 DATE:1-12-10 -n cC c m ~ '"0 .... 0 "0 0 Ill (!) a. '0 0 :I 0 :I a. CD m-< 0 -c:r :I < if ~ Ill DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Figure 5. Proposed section and framing views A-A
5'-10"
/STAINLESS STEEL · 5-1/8"x12" 2''x4" NAILER @ GRATING~ DECK SCREWS / GLU-L.AM BEAM
Ia·· 0/C MAX.~
""' V'V'v """ "' >t< "'Dt< :::+::: :>!<:;
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/ V"' LAG BOLT
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1
~,_OHWL 21.80' (COE)
OHWL 18.80' (NAVD 88)
6" OR 8" STEEL BATIERED PILING
PROPOSED 5• DOCK SECTION A-A
SCALE: 3/4"=1'
5'-10"
/ 1STAINLESS STEEL
2"x4" NAILER @ GRATING~ DECK SCREWS
18 "' 0/C MAX. ~ 16d GALV. COMMON
NAILS {TYP) :XI
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THRU ROO 2"x6" RIM JOIST ~ " •
2"x6n JOIST 3 x4 LEDGER
l9 2' 0/C W/ 1/2"x7" GALV.
LAG BOLT @ 16" D/C
PROPOSED 6' SECTION FRAMING
12" . 6" 3· o· 1'
I ~~ I
SCALE: 3/4~=1 ' PROJECT DESIGNED B'f':
Waterfront Constroction loc. THIS DOCUIIENT IS PROPR£l.IRY PROPERlY OF WATERFRONT
COiiSTRUCTION IN<;., ANO IS NOT TO BE USED, IN WHOLE OR IN
I#TERIAL LIST PART, fOR At-ff OTHER PROJECT I\'11HOU1 THE WRmEN AUTHORIZATION Of WATERfRONT COiiSTRUCTION INC.
PART SPECS TREATMENT NOTE!
PILING 6"&8" STD WALL STEEL EPOXY COATED OR HOG ALL PILES TO BE DRNEN TO PRACTICAL REFUSAL.
CAPS W6x15 "H" BEAM HOG
GLU-LAMS 5 1/8"x12" & 7 1/8"x12" OF (24F-V4) ACZA REFERENCE #:
APPLICANT: CONNER HOMES AT BARBEE MILL LLC JOIST 2"x6" DF #2 OR BTR ACZA
RIM JOIST 2"x6" DF #2 OR BTR ACZA PROPOSED: INSTALL COMMUNITY DOCK NAILERS 2"x4" OF #2 OR BTR ACZA
GRATING SUNWALK POLYPROPYLENE NONE
HARDWARE STEEL STAINLESS OR HDG SHEET; 6 OF:7 NEAR/AT: RENTON
DATE: 1-12-10 IDWG /1: 05-3077-A.6-1
MS&A Barbee Mill Community Doc k Project • 18
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
s: (/) 90 )> OJ 0 a-(l) (l) ~ () 0 3 3 c ::J ~ 0 0 0 7<: -u .Q. (l) 0 -'() I PART PILING CAPS GLU-LAMS JOIST RIM JOIST NAILERS GRATING HARDWARE 7'-10" /STAINLESS STEEL 2"x4" NAILER @ GRATING\ DECK SCREWS 7-1/8'"x12" 18'' 0/C MAx.\ 1/ GLU-LAM BEAM 00< 9<K / ~ '>k 5I( ~ ;::t:: ...... -V 3/4" GALV • v lAG BOLT ~CAP BEAM / -v ~ ASSEMBLY 2'-6'' 1/4" PILE COVER 6l lYP. PLATE 1'-6" 1 OHWL 21 .80' {COE) '-OHWL 1 8.80' (NAVD 88) 8" STEEL BATIERED PILING PROJECT DESIGNED B'ft Waterfront Construction Inc. PROPOSED 8' DOCK SECTION 8-B THIS DOCU~N1 IS PROPI!El.IRY PROPERTY or WATERrRONT CONSTRUCTION INC .• Al-10 IS NOT TO BE USED. IN WHOLE: OR tl SCALE: .3/4"= 1' PART, <OR ANY OTHER PROJECT \!'llHOUT THE '/IRmEN AUTHORIZATION OF I\'ATERTRON1 CONSTRUCTION INC. 7'-10" /STAINLESS STEEL 2"x4" NAILER ~ GRATING\ DECK SCREWS 7-1/B'"x12" 18" 0/C MAX.\ /~CLU-LAM BEAM :XK )tX 1 6d GALV. l<i( "'l>l<r I'm' "l:+:r U1'! ,.......--coMMON IT I I I I I I .,.. ---NAILS (TYP) " 7 -~ J ·~ .3/4" CAI.V. _/tx-THRU ROD 2"x6'' RIM JOIST ~ 3"x4" LEDGER 2"x6" JOIST @ 2' 0/C PROPOSED 8' SECTION FRAMING W/ 1/2"x7" GALV. ~.'A TERIAL LIST " LAG BOLT @ 16" 0/C SPECS TREATMENT 12'' 6" .3" 0' 1' I --I NOTE: 6"&8" STO WALL STEEL EPOXY COATED OR HOG ALL PILES TO BE DRIVEN TO PRACTICAL REFUSAL. W6x15 "H" BEAM HOG SCALE: 3/4"•1' 5 1/8"x12" & 7 1/B"x12" OF (24F-V4) ACZA REFERENCE H: ; jAPPLICANT: CONNER HOMES AT BARBEE MILL LLC 2"x6" Of 62 OR BTR ACZA 2"x6" DF #2 OR BTR ACZA PROPOSED: INSTALL COMMUNITY DOCK 2"x4" OF 1/2 OR BTR ACZA SUNWALK POLYPROPYLENE NONE STEEL STAINLESS OR HDG SHEET: 7 OF:7 I NEAR/AT: RENTON DATE: 1 12-10 IDWGJI: 05-3077-A.7 1 -n 6' c: .... (1) ?" ""t' 0 "0 0 In (1) a. In (1) () -(5' ::J a ::l a. -.... a 3 :;· co < (D' ~ In CI:J I CI:J DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
MS&A
I
16
• P~NTIN~ AREAS
16
• ~
~~~iiiliiiiliiiiiiiiiliiiiliiiiiiliiiiii i
PLANTING DESIGN BY
THE
WATERSHED
COMPANY
750 SbcUl S«reet Soulh
KlrlcWld WA 98033
1' of25.822.5l42 f of25.827.8136
www.w-oliedcu,Q)l'T1
Science & Design
Figure 7. Planting areas
LOT 35
JOB SITE
4151 /CON NER HOMES
JOB SITE
4125/CONNER HOMES
LO T 36
PROJCCT DCS GNCO BY:
Waterfratt C<mtrud.!oo I"', THIS DOCUMENT IS PROPRIETNIY PROPERTY OF WAl£RFIIONT
COtiSTRUCllON INC., AND IS NOT TO BE USED, IN WHOL£ OR IN PART, fOR Ntf OTHER PROJECT Wfl!Dir THE WRITTEN
AUTHORIZAnON OF WATERfROt{T CONS1l!UC110N INC.
REFERENCE #:
APPLCANT: CONNER HOMES AT BARBEE MILL" LlC
PROPOSED: INSTALL COMMUNflY DOCK
SHEET: 1 OF: 4 NE"AR/AT: RCNTON
OATF: 1-12-10 DWG : 05 3077 A.2 1
Barbee Mill Community Dock Project • 20
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
MS&A
Fig ure 8. Planting legend
\ I
I , I
\ I : I ' I 11iiiii6.~P~~~· NiiiiT~I~N~~-AiiiiRiiiiEiiiiAiliiSiiiiiiiiiiil"~ t
r---. ---··----. ---------+.~,:-l==::::;,r-tt~ll
~: I I
GENERAL PLANTING SEQUENCE:
I. Native plant installation shaH occur during frost-free periods only.. Preferred
months for installation are between September 15th and April 15, prior to hot, dry
weather.. Plants may only be installed during hot weather if the contractor agrees
to immediate irrigation of the entire planting area. delivering at least 2" of water per
week.
2. Procure plants in legend and insure that material meets the minimum requirements
outlined in the plant legend and planting details ..
3. Locate all existing utilities within the limit of work. The contractor is responsible
for any utility damage as a result of the landsape construction.
-4. Remove ali invasive weeds (if encountered) by grubbing out roots.
5.. Amend soils as heeded to provide min. 20% org;v~ic material throughout the
planting area. Add compost to Increase organk: content, rototiU Into planting area
6. Note: The contractor Is responsible for any adverse drainage conditions that may
affect proper plant growth and establislvnent. Notify owner of any poor drainage
conditions prior to constrUCtion.
7. Layout plant material per plan for inspection by the landscape Architect. Plant
substitutions wiH NOT be allowed without the approval of the Landscape
Architect.
8. Install plants per planting details, sheet 3.
9. WatJ?Jr each plant thoroughly to remove air pockets.
I 0. Install a -4" depth, coarse woo<khlp mulch ring throughout entire project area.
I I. Install a temporary irrigation system capable of delivering 2" of water per week. to
the entire planted area. Maintain Irrigation system in working condition for two (2)
summers after initial plant installation.
The landscape contractor shall maintain all plant material until fmal inspection and
approval by the Owner or Owner's representative. All plantings and workmanship
shall be guaranteed for one year fo llowing final owner acceptance.
PLANTING DESIGN BY
THE
WATERSHED
COMPANY
750 SOOh Street South
Klridand WA 99033
p ~25.822..5242 f .25.827.8136
www.watetohedco.com
Science & Design
PROJECT DESIGNED BY:
Waterfront C~5i:ruc.tlcnlnc..
THIS DOCUMENT IS PROPRIETARY PROPERTY OF WAl!RFRONT CONSTRUCTION INC., AND S NOT TO BE USED. IN WHOLE OR IN
PART, FOR loNY OlHER PROJECT WITHOUT THE WRITTEN
AUTHORIZATlON OF WATERFRONT CONSTRUCTION INC.
PLAN TING LEG END
SCIENTlFIC /COMMON NAME Q:Ir, SIZE l COMMENTS
TPHS
AC ACERORCINAT\JM 13 2 GAL. W!iU. BAANCHED
VIN£ I'W'lE
BP BETUlA PAI'\1UFERA 3 5 GAL. Wlill BAANCHED
PAPER BIRCH
TP Tlil.lp.PUCATA l 5 GAL. WB.l BAANCHED
WliSTERN RED CEOAA
SHI!VAS
cs CORNUS~C£A 9 l GAL. HULTI-STEM
II.EDTWIG DOGWOOD ®~~&W>R 7 2 GAL. FUU. & BUSHY 0 PHYSOCAIU'USCAPITAT\JS 3 2 GAL. FULl. &IIUSHY
PAOAC NINEBAAK 0 RIBESSANGUINM1 I) 2 GAL. FULl. & BUSHY
RED Fl.OWBUNG CURRANT
' , SAlJX WCIDA...,.LASIANDRA • I CAL ,st.,. PAC ACWIU.CM' G SYMPHOf<!CWOSALWS 7 2 GAL. FULl. & IIUSHY
SNCM'BEAAY @ VACONUMOVAT\JM 12 2 GAL. FULl. & BUSHY G MI\GREEN HUCICI.£8ERI\Y
VIBURNUM EDULE 3 l GAL. FULl. & IIUSHY
SQUASHBEIU\Y
GIIOUNDCOVER ® AI\CTOSTAPHYLOSUVMJIISI 2«) l.S' POTS, 24' O.C.
kJNNIIONNICX a ASAI\UMCAUD.O.l\J" ICII l.S' POTS, 24' O.C. W11DGINGEJI.
~MAHONL'.NEl!VOS'. S4 1 GAL. 24' o.c. LCM' OREGON GRAPE
0 POL YrnCMUM "'-'NITUM 41 4'POTS
SWORD FERN
~~-78 ~~···~: Lvr '" COMMON HAAEBEll.
CASTIUfJ"HINATA I GAL; 30' O.C.
OOMMON RED PAINT8!\USH
D£1PHINIUM MENZIES!
MENZJES'I..ARKSPUR
PENSTEMONS£RI\UlA'TUS CO .. STPENSTEMON .
REFERENCE H:
APPLICANT: CONNER HOMES AT BARBEE MILL LLC
PROPOSED: INSTALL COMMUNITY DOCK
SHEET: 2 OF: 4
DATf: 1-12-10
INFAR/A": RCNTON
lowe#: os 3077 A.2 1
Barbee Mill Community Dock Project • 21
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
MS&A
Figure 9. Planting plan
j FOR PLANTING LEGEND SEE SHEET 21
PLANTING PLAN
16' e· o·
THE
WATERSHED
COMPANY
150 Sbah Street South
Klridand WA 98033
p 425 .. 822.5242 f 425.827.8136
www.w-si....XO.com
Science & Design
PROJCCT DCS CNCD SY:
Waterfroot Cct1~tlon Inc...
TtiiS DOCUMENT IS PROPRIETIIRY PROPERTY Of WATERfRONT CONSTRUC'TlON INC .. AND IS NOT TO BE US£0, IN WHOLE OR IN
PART. FOR ANT OiliER PROJECT WITHOUT THE WRITTEN
AUTMORIZAllON OF WATERFRONT CONSTRUCTION INC.
REFERENCE #:
APPUCANT: CONNER HOMES AT BARBEE MILL LLC
PROPOSED: INSTALL COMMUNITY DOCK
SHEET: 3 OF: 4
DATF: 1-12-10
Barbee Mill Community Dock Project • 22
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
MS&A
Figure 1 0. Tree and shrub planting details
NOTES:
I. PLANT GROUNDCOVER AT SPECIFIED DISTANCE ON-CENTER (O.C.) USING
TRIANGULAR SPACING, lYP.
2. LOOSEN SIDES AND BOTTOM OF PLANTING PIT AND REMOVE DEBRIS
3. LOOSEN ROOTBOUND PlANTS BEFORE INSTALLING
4. SOAK PIT BEFORE AND AFTER INSTAUJNG PlANT
0 GROUNDCOVER & PERENNIAL PLANTING DETAIL
NTS
THE
WATERSHED
COMPANY
750 SOOh Scraet South
Kiridand WA 98033
p ~25.822.52~2 f .25.827.8136
www.watershedco.com
Science & Design
NOTES:
I. PLANTING PIT SHALL NOT BE LESS THAN (2) TIMES
THE WIDTH OF THE ROOT BALL DIA.
2. LOOSEN SIDES AND·BOTTOMS OF PLANTING PIT
3. SOAK PLANTING PIT AFTER PLANTING
REMOVE FROM POT & ROUGH-UP ROOT BALL BEFORE
INSTALLING. UNTANGLE AND STRAIGHTEN CIRCLING
ROOTS -PRUNE IF NECESSARY. IF PLANT IS
EXCEPTIONAI.l. Y ROOT -BOUND, DO NOT PLANT AND
RETIJRN TO NURSERY FORAN ACCEPTABLE ALTERNATIV
4' MULCH LAYER-HOLD BACK MULCH FROM
TRUNK/STEMS
3" MIN HT. WATER BASIN
FINISH GRADE
~~~~~~t1::~~~~~~t~=-SLOW RELEASE GRANULAR FERTILIZER, OSMOCOTE ~ OR APPROVED EQUIV. (OUTSIDE OF O.H.W.M.
ONLY) APPLIED ONE YEAR AFTER INITIAL PLANTING
;,~~~ml---REMOVE DEBRIS AND LARGE ROCKS AND BACKFILL
WITH NATIVE SOIL FIRM UP SOIL AROUND PLANT
(;;\ TREE & SHRUB PLANTING DETAIL
~NTS
PROJECT DESIGNED BY:
Waterfront Ca~stroctlcn Inc. THIS DOCUMENT IS PROPRIETARY PROPERlY OF WATERFRONT
CONSTRUCnON INC •• ANO IS NOT TO BE USED. IN WHOLE OR IN
PART. FOR N.ff OTHER PROJECT WITHOUT THE WRmEN
AUTHORIZATION OF WATERFRONT CONSTRucnON INC.
REFERENCE 6:
APPL CANT: CONNER HOMES AT BARBEE MILL LLC
PROPOSED: INSTALL COMMUN11Y DOCK
SHEET: 4 OF: 4 N[AR/AT: RENTON
DATF: 1-12-10 DWG : 05 3077 A.2 1
Barbee Mill Community Dock Project • 23
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Attachment 1. Photographs of the site
Looking north along the site's bulkhead
Looking south from the site
MS&A Barbee Mill Community Dock Project • 24
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Project site
MS&A Barbee Mill Community Dock Project • 25
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Attachment 2. Species list for King County
LISTED AND PROPOSED ENDANGERED AND THREATENED SPECIES AND CRITICAL HABITAT;
CANDIDATE SPECIES; AND SPECIES OF CONCERN
INKING COUNTY
AS PREPARED BY
THE U.S. FISH AND WILDLIFE SERVICE
WESTERN WASHINGTON FISH AND WILDLIFE OFFICE
LISTED
Bull trout (Salvelinus conjluentus)
Canada lynx (Lynx canadensis)
Gray wolf(Canis lupus)
(Revised November 1, 2007)
Grizzly bear (Ursus arctos = U a. horribilis)
Marbled murre let (Brachyramphus marmoratus)
Northern spotted owl (Strix occidentalis caurina)
Major concerns that should be addressed in your Biological Assessment of project impacts to listed species include:
1. Level of use of the project area by listed species.
2. Effect of the project on listed species' primary food stocks, prey species, and foraging areas in all areas
influenced by the project.
3. Impacts from project activities and implementation (e.g., increased noise levels, increased
human activity and/or access, loss or degradation of habitat) that may result in disturbance
to listed species and/or their avoidance of the project area.
Castilleja levisecta (golden paintbrush) [historic]
Major concerns that should be addressed in your Biological Assessment of project impacts to listed plant species
include:
1. Distribution of taxon in project vicinity.
2. Disturbance (trampling, uprooting, collecting, etc.) of individual plants and loss ofhabitat.
3. Changes in hydrology where taxon is found. ·
DESIGNATED
Critical habitat for bull trout
Critical habitat for the marbled murrelet
Critical habitat for the northern spotted owl
MS&A Barbee Mill Community Dock Project • 26
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
PROPOSED
None
CANDIDATE
Oregon spotted frog (Rana pretiosa)
Yellow-billed cuckoo ( Coccyzus americanus)
SPECIES OF CONCERN
Bald eagle (Haliaeetus leucocephalus)
Beller's ground beetle (Agonum belleri)
California wolverine (Gulo gulo luteus)
Cascades frog (Rana cascadae)
Hatch's click beetle (Eanus hatchi)
Larch Mountain salamander (Plethodon larselli)
Long-eared myotis (Myotis evotis)
Long-legged myotis (Myotis volans)
Northern goshawk (Accipiter gentilis)
Northern sea otter (Enhydra lutris kenyoni)
Northwestern pond turtle (Emys (= Clemmys) marmorata marmorata)
Olive-sided flycatcher (Contopus cooperi)
Pacific lamprey (Lampetra tridentata)
Pacific Townsend=s big-eared bat (Corynorhinus townsendii townsendii)
Peregrine falcon (Falco peregrinus)
River lamprey (Lampetra ayresi)
Tailed frog (Ascaphus truel)
Valley silverspot (Speyeria zerene bremeri)
·western toad (Bufo boreas)
Aster curtus (white-top aster)
Botrychium pedunculosum (stalked moonwort)
Cimicifuga elata (tall bugbane)
MS&A Barbee Mill Community Dock Project • 27
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Attachment 3. Essential Fish Habitat Assessment
A. Background
The Magnuson-Stevens Fishery Conservation and Management Act (MSA), as amended by the Sustainable
Fisheries Act of 1996 (Public law 104-267), requires Federal agencies to consult with NMFS on activities that may
adversely affect designated Essential Fish Habitat (EFH) for the relevant species. According to the MSA, EFH
means "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." For the
Pacific West Coast, the Pacific Fisheries Management Council (Council) has designated EFH for federally managed
groundfish (PFMC 1998a), coastal pelagic (PFMC 1998b) and Pacific salmon fisheries (PFMC 1999).
The purpose ofthe EFH Assessment is to determine the effects of the proposed project on the EFH for the relevant
species and to recommend conservation measures to avoid, minimize or otherwise offset adverse effects on EFH.
B. Identification of EFH
The designated EFH for groundfish and coastal pelagic species encompasses all waters from the me~ high water
line, and upriver extent of saltwater intrusion in river mouths, along the coasts of Washington, Oregon and
California, seaward to the boundary of the U.S. exclusive economic zone (370.4 km) (PFMC 1998a, 1998b). The
designated EFH in estuarine and marine areas for Pacific salmon species extends from the nearshore and tidal
submerged environments within state territorial water out to the full extent of the exclusive economic zone (3 70 .4
km) offshore of Washington, Oregon and California north of Point Conception to the Canadian border PFMC,
1999).
Freshwater EFH for Pacific salmon includes all those streams, lakes, ponds, wetlands and other water bodies
currently, or historically accessible to salmon in Washington, Oregon, Idaho and California, except areas upstream
of certain impassable man-made barriers, and longstanding, naturally~ impassable barriers.
Chinook salmon and coho salmon are the species with designated EFH that are found in Lake Washington
C. Proposed Action
The details of the proposed project are presented in Project Description section of the attached BE/Habitat Data
Report. ·
D. Effects of the Proposed Action
The effects of this project on designated EFH are likely to be similar to the effects described in detail in the Effects
Analysis section of the attached BE/Habitat Data Report. The project is likely to have no permanent, long-term
effects EFH designated for chinook and coho salmon.
E. EFH Conservation Measures
The conservation measures and BMP's mentioned in the attached BE/Habitat Data Report will be implemented to
minimize possible adverse effects to EFH. ·
MS&A Barbee Mill Community Dock Project • 28
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
F. Conclusion
The project may have temporary adverse effects on EFH the salmon species, but will not produce long-term adverse
effects on EFH for the above species. The conservation measures and HMP's mentioned in the attached BE/Habitat
Data Report will be implemented to minimize any possible the temporary adverse effects on EFH.
G. Additional References
PFMC (Pacific Fishery Management Council). 1999. Amendment 14 to the Pacific Coast Salmon Plan. Appendix
A: Description and Identification of Essential Fish Habitat, Adverse Impacts and Recommended Conservation
Measures for Salmon (August 1999).
PFMC, 1998a. Final Environmental Assessment/Regulatory Review for Amendment 11 to the Pacific Coast
Groundfish Fishery Management Plan (October, 1998).
PFMC, 1998b. The Coastal Pelagic Species Fishery Management Plan: Amendment 8 (December, 1998).
MS&A Barbee Mill Community Dock Project • 29
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Attachment 4. Assessment of Impacts to Critical Habitat for Puget Sound Chinook
Project description: Construction of a new community-use dock on Lake Washington in Renton,
This assessment covers the primary constituent elements (50 CFR Part 226, page 74581-2) determined essential to
the conservation ofPuget Sound Chinook salmon (Oncorhynchus tshawytscha):
(1) Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning,
incubation, and larval development.
Existing Conditions: There are no suitable freshwater spawning sites at the project location.
(2) Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physi~al habitat
conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development;
and natural cover such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic
vegetation, large rocks and boulders, side channels, and undercut banks.
Existing Conditions: Native vegetation has been planted immediately landward of the bulkhead in conjunction
with the upland development. There is a concrete/sheet pile bulkhead along the shoreline of both properties. No side
channels or undercut banks were noted.
(3) Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover
such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and
undercut banks supporting juvenile and adult mobility and survival.
Existing Conditions: See (2) above.
(4) Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile
and adult physiological transitions between fresh-and saltwater; natural cover such as submerged and overhanging
large wood, aquatic vegetation, large rocks and boulders, and side channels, and juvenile and adult forage, including
aquatic invertebrates and fishes, supporting growth and maturation.
Existing Conditions: See (2) above.
(5) Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including
aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such as submerged and
overhanging large wood, aquatic vegetation, large rocks and boulder and side channels.
Existing Conditions: The site is in a freshwater area.
(6) Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes,
supporting growth and maturation.
Existing Conditions: The site is in a freshwater lake area.
MS&A Barbee Mill Community Dock Project • 30
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Effects Analysis: A complete discussion of the effects of this project is seen in the BE/Habitat Data Report.
Construction will produce brief and localized increased turbidity, which will be contained by a silt curtain. The
project will have no long-term impacts on water quantity, salinity conditions or water temperature. Construction
during work windows will prevent impacts to the listed fish species.
Shading impacts on the benthic environment will be reduced by design components of the proposed project. The
entire dock will be fully grated. The smallest number and diameter steel piles will be used to minimize the amount
of structure in the water and disturbance to the substrate. Glu-lam stringers will be used to allow the longest spans
possible between piles. The construction barge will not be allowed to ground out on the lake bottom at anytime. A
native planting plan will be installed.
Determination of Effect: "May affect, not likely to adversely affect"
MS&A Barbee Mill Community Dock Project • 31
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
Attachment 5.
Assessment of Impacts to Critical Habitat for Coastal-Puget Sound Bull Trout
COE reference: Unknown at this time
Applicant: Conner Homes at Barbee Mill LLC (Attn: Charlie Conner).
The primary constituent elements determined essential to the conservation of bull trout (Salvelinus confluentus) are:
(1) Water temperatures that support bull trout use. Bull trout have been documented in streams with temperatures
from 32 to 72 °F (0 to 22 °C) but are found more frequently in temperatures ranging from 36 to 59 °F (2 to 15 °C).
These temperature ranges may vary depending on bull trout life history stage and form, geography, elevation,
diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence.
Stream reaches that preclude bull trout use are specifically excluded from designation.
Existing Conditions: The project will take place in Lake Washington, a large body of fresh water.
Effects to PCE: The project is not expected to have any influence on the water temperature of Lake Washington.
(2) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to
provide a variety of depths, velocities, and in stream structures.
Existing Conditions: Project will take place in Lake Washington-not in a stream environment
Effects to PCE: No effect
(3) Substrates of sufficient amount, size and composition tci ensure success of egg and embryo overwinter survival,
fry emergence, and young-of-the year and juvenile survival. This should include a minimal amount of fme substrate
less than 0.25 in (0.63 em) in diameter.
Existing Conditions: No spawning activity at the site
Effects to PCE: No effect
( 4) A natural hydrograph, including peak, high, low, and base flows within historic ranges or, if regulated, currently
operate under a biological opinion that addresses bull trout, or a hydrograph that demonstrates the ability to support
bull trout populations by minimizing daily and· day-to-day fluctuations and minimizing departures from the natural
cycle of flow levels corresponding with seasonal variation: This rule finds that reservoirs currently oper;:tting under
a biological opinion that addresses bull trout provides management for PCEs as currently operated.
Existing Conditions: Project will take place in Lake Washington
Effects to PCE: The project does not involve any alteration in the lake level; therefore it will have no impact on
this PCE.
MS&A Barbee Mill Community Dock Project • 32
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(5) Springs, seeps, groundwater sources, and subsurface water to contribute to water quality and quantity as a cold-
water source.
Existing Conditions: See 4 above
Effects to PCE: This project will have no impact on springs, seeps, groundwater sources or subsurface water
(6) Migratory corridors with minimal physical, biological, or water quality impediments between spawning, rearing,
overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures
or low flows.
Existing Conditions: Native vegetation has been planted along the site shoreline.
Effects to PCE: The proposed dock will incorporate design components that will decrease negative impacts on
foraging habitat and migratory corridors. The proposed dock will be fully grated and supported by the smallest
number and diameter steel pilings, which will cause minimal physical, biological or water quality impediments.
(See the BE/Habitat Data Report for details).
(7) An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage
fish.
Existing Conditions: Native vegetation has been planted along the site shoreline.
Effects to PCE: See 6 above
(8) Permanent water of sufficient quantity and quality such that normal reproduction, growth and survival are not
inhibited.
Existing Conditions: See 4 above.
Effects to PCE: Pile driving may produce temporary turbidity impacts. These are expected to be short term and are
not expected to have a significant impact on critical habitat. Any debris associated with the project construction
phase will be contained by a silt containment curtain.
Determination of Effect: ''No destruction or adverse modification"
Conservation Measures: Conservation measures for this project are seen in the BE/Habitat Data Report.
MS&A Barbee Mill Community Dock Project • 33
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
RECEIVED
03/13/2019
amorganroth
PLANNING DIVISION
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
RECEIVED03/26/2019amorganrothPLANNING DIVISIONDocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Page 1 of 1 LUA19-000042
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative land use
action. Because these notes are provided as information only, they are not subject to the appeal process for
the land use action.
Planning:
(Contact: Name, 425-430-7219, amorganroth@rentonwa.gov)
1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless
otherwise approved by the Development Services Division.
2. Commercial, multi-family, new single family and other nonresidential construction activities shall be
restricted to the hours between seven o’clock (7:00) a.m. and eight o’clock (8:00) p.m., Monday through
Friday. Work on Saturdays shall be restricted to the hours between nine o’clock (9:00) a.m. and eight
o’clock (8:00) p.m. No work shall be permitted on Sundays.
3. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an
appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where
no further construction work will occur within ninety (90) days. Alternative measures such as mulch,
sodding, or plastic covering as specified in the current King County Surface Water Management Design
Manual as adopted by the City of Renton may be proposed between the dates of November 1st and
March 31st of each year. The Development Services Division’s approval of this work is required prior to
final inspection and approval of the permit.
4. A National Permit Discharge Elimination System (NPDES) permit is required when more than one acre is
being cleared.
5. The applicant will be required to submit a Final Stream Mitigation Report and Maintenance and
Monitoring proposal. In addition, the applicant will be required to comply with all the code requirements
of RMC 4-3-050 Critical Areas. This includes, but is not limited to, placing the critical area within a Native
Growth Protection Easement, providing fencing and signage, and providing the City with a site
restoration surety device and, later, a maintenance and monitoring surety device.
6. The applicant may not fill, excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth in any way within the
area defined by the drip line of any tree to be retained.
7. The applicant shall erect and maintain six foot (6') high chain link temporary construction fencing around
the drip lines of all retained trees, or along the perimeter of a stand of retained trees. Placards shall be
placed on fencing every fifty feet (50') indicating the words, “NO TRESPASSING – Protected Trees” or on
each side of the fencing if less than fifty feet (50'). Site access to individually protected trees or groups
of trees shall be fenced and signed. Individual trees shall be fenced on four (4) sides. In addition, the
applicant shall provide supervision whenever equipment or trucks are moving near trees.
8. This permit is shall comply with the Bald and Golden Eagle Protection Act. The permitted is responsible
for adhering to the U.S. Fish and Wildlife Service National Bald Eagle Management Guidelines (2007) and
/or your U.S. Fish and Wildlife Service permit.
DocuSign Envelope ID: DB3A1C54-A75A-41B8-A6B5-E1F1F8433564