HomeMy WebLinkAboutSR_ERC_Report_May_Creek_Trail_Extension_190422DEPARTMENT OF COMMUNITY
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SR_ERC_Report_May_Creek_Trail_Extension_190422
ENVIRONMENTAL REVIEW COMMITTEE REPORT
ERC Meeting Date: April 22, 2019
Project File Number: PR19-000056
Project Name: May Creek Trail Extension Project
Land Use File Number: LUA19-000015, ECF, SM
Project Manager: Clark H. Close, Senior Planner
Owner: City of Renton, 1055 S Grady Way, Renton, WA 98057
Applicant: Stephanie Modjeski, Otak, Inc., 2731 Westmore Ave, Unit #300, Everett, WA
98201
Contact: Same as Applicant
Project Location: May Creek Trail, Parcel Nos. 322405-9109 and -9010
Project Summary: The City of Renton is requesting a Shoreline Substantial Development Permit
(SM) and Environmental (SEPA) Review to expand the existing May Creek Trail.
The project proposes to construct a six-foot wide trail extension from the
existing May Creek Trail on the west side of Interstate-405 (I-405) to Jones Ave
NE on the east side of I-405. The new pedestrian-use only trail extension would
tie into the I-405, Renton to Bellevue Widening and Express Toll Lanes project
under the Washington State Department of Transportation (WSDOT) project.
WSDOT's project is anticipated to begin in 2019 and end in 2024. May Creek is a
tributary of Lake Washington and the project is located 0.32 miles east of the
lake. The project would occur above the Ordinary High Water Mark (OHWM)
and would be constructed approximately 20 to 90 feet north of May Creek. The
trail extension project would be located within May Creek Reaches B and C and
is designated as Urban Conservancy. The project is proposing to enhance the
stream buffer along the trail east of I-405. The project would also remove two
non-native black locust trees adjacent to Jones Ave NE. The trail section within
WSDOT right-of-way, beneath the I-405 overpass, was permitted separately.
Site Area: 84,450 Square Feet
STAFF
RECOMMENDATION:
Staff Recommends that the Environmental Review Committee issue a
Determination of Non-Significance - Mitigated (DNS-M).
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 2 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
PART ONE: PROJECT DESCRIPTION / BACKGROUND
The City of Renton is requesting a Shoreline Substantial Development Permit (SM) and Environmental (SEPA) Review
for the construction and extension of the May Creek Trail. The project proposes to construct a trail extension from
the existing 0.27 mile long trail May Creek Trail, located on the west side of Interstate-405 (I-405), to Jones Ave NE
on the east side of I-405 (Exhibits 2 and 3). The new pedestrian-use only trail extension would tie into the I-405,
Renton to Bellevue Widening and Express Toll Lanes project under the Washington State Department of
Transportation (WSDOT) project. WSDOT's widening project is anticipated to begin in 2019 and end in 2024. The
May Creek Trail Extension project would be built by WSDOT in conjunction with the widening of I-405. May Creek is
a tributary of Lake Washington and the project is located 0.32 miles east of the lake on parcel numbers 3224059109
and 3224059010. The trail section within WSDOT right-of-way, beneath the I-405 overpass, was permitted
separately from this project.
The project site of the proposed trail extension is zoned Residential-6 (west of I-405) and Resource Conservation
(east of I-405). The shoreline master program designation of the site is Urban Conservancy. Access to the site is
provided via the existing May Creek Trail from the trailhead on Lake Washington Blvd N or via Jones Ave NE. The
proposed trail would be approximately 815 feet long and six feet (6') wide and would be composed of 3 inches of
fine bark mulch on top of a six inch compacted layer of gravel borrow. Approximately 300 linear feet of the trail
extension would occur within WSDOT right-of-way. The OHWM is approximately 19 to 88 feet south of the proposed
new trail. The proposed trail would be located partially within a mapped floodplain of May Creek but above the
water surface elevations for the 100-year event, which would result in minimal or no change to flood storage or
fluvial dynamics in May Creek that could potentially affect in-water habitat for listed fish species. The project would
include roughly 20 cubic yards of excavation and roughly 270 cubic yards of fill for trail installation. May Creek is
designated as a Shoreline of the State (Type S) stream and the City has a standard buffer width of 100 feet from the
regulated shoreline. Public hiking trails over land in the buffer are permitted as long as they do not degrade the
ecological functions or natural characteristics of the shoreline area. The project is proposing to enhance the 100-foot
wide stream buffer along the trail east of I-405 by removing approximately 14,600 square feet of non-native invasive
plants such as Himalayan blackberry, reed canarygrass and knotweed. The project would also restore and enhance
the native riparian vegetation community between May Creek and the proposed new trail. Two non-native black
locust trees are proposed to be removed adjacent to Jones Ave NE.
The proposed 6-foot wide May Creek trail extension would include one (1) new viewing area that would provide a
second overlook to May Creek on the east side of I-405. In addition to the trail, the applicant is proposing three (3)
split cedar log benches, one (1) new interpretive sign, one (1) trail park sign, a low 3-foot tall cedar split-rail fence,
and one (1) litter receptacle along the path (Exhibits 5-10). The May Creek Trail Extension Project has been designed
to a thirty percent (30%) level (Exhibit 16).
On the west side of I-405, the trail is bordered by the Former Pan Abode site to the north, zoned Commercial Office
Residential (COR); to the immediate south is R-8 zoned property which is currently single family. On the east side of
I-405 is a variety of uses zoned Commercial Arterial (CA) which are located on the east side of Jones Ave NE across
from the trail entrance; further down Jones Ave NE are vacant City Parks properties zoned Resource Conservation
(RC) and vacant single family properties zoned Residential-8. The proposed trail development would serve the
existing residents in the area and the potential future residences and/or employees that could result from
development of the surrounding vacant properties. The subject trail has been identified as a high priority in the
City’s “Trails and Bicycle Master Plan.” Upon completion, the trail would include a 6-mile long trail between Lake
Washington and Cougar Mountain Regional Wildland Park. The subject segment is a vital missing link to the overall
trail system.
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 3 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
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-M with a 14-day Appeal Period.
B. Mitigation Measures
1. The applicant shall comply with the recommendations included in the Shoreline Permit Application
Report, prepared by Otak, Inc., dated October 19, 2018.
2. The applicant shall not locate trail benches near trees that are in poor health, declining, or leaning
excessively in the direction of the benches, so as to cause the benches to be a target in the event of
harsh weather. The location of the benches shall be determined by the City Arborist based on a current
tree assessment at the time the trail is constructed.
3. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found, all
construction activity shall stop and the owner/developer shall immediately notify the City of Renton
planning department, concerned Tribes’ cultural committees, and the Washington State Department of
Archeological and Historic Preservation.
C. Exhibits
Exhibit 1: Environmental Review Committee (ERC) Report
Exhibit 2: Cover Sheet and Site Plan (30% Plans)
Exhibit 3: Existing Conditions
Exhibit 4: TESC Plan
Exhibit 5: Site Layout and Trail Horizontal Alignment Control Plan
Exhibit 6: Trail Grading Plan
Exhibit 7: Trail Vertical Profile
Exhibit 8: Tree Retention and Land Clearing Plan
Exhibit 9: Mitigation Planting Plan and Details
Exhibit 10: Temporary Irrigation Plan and Details
Exhibit 11: Arborist Report, prepared by Otak, Inc., dated August 7, 2018
Exhibit 12: Technical Memorandum, May Creek Trail Extension Stormwater Management, prepared
by Otak, Inc., dated October 18, 2018
Exhibit 13: Shoreline Permit Application Report, prepared by Otak, Inc., dated October 19, 2018
Exhibit 14: Wetland and Stream Assessment Report, I-405, Renton to Bellevue Corridor Milepost 4.0
– 13.7, prepared by WSDOT I-405/SR 167 Corridor Program, dated July 2017
Exhibit 15: Technical Memorandum, May Creek Trail Design Criteria, prepared by Otak, Inc., dated
July 13, 2018
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 4 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
Exhibit 16: Technical Memorandum, May Creek Trail Extension – Delivery Memorandum, prepared
by Otak, Inc., dated October 18, 2018
Exhibit 17: SEPA Environmental Checklist
Exhibit 18: Public Comments Letters: Langton, Oyer, and Stiritz
Exhibit 19: Staff Response to Public Comments: Langton, Oyer, and Stiritz
Exhibit 20: Comments from Muckleshoot Indian Tribe Fisheries Division
Exhibit 21: Comments from Department of Ecology
Exhibit 22: On Hold Letter, dated February 26, 2019
Exhibit 23: Staff Response to Muckleshoot Indian Tribe Fisheries Division
Exhibit 24: DAHP Correspondence Letter, dated April 5, 2019
Exhibit 25: Off Hold Letter, dated April 17, 2019
Exhibit 26: Advisory Notes
D. Environmental Impacts
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. Earth
Impacts: The project site is generally flat and is located on the north side of May Creek. The site is
forested with a dense understory of non-native invasive species such as Himalayan blackberry (Rubus
armeniacus), knotweed (Polygonum sp.), bracken fern (Pteridium aquilinum) and reed canarygrass
(Phalaris arundinacea). The site also includes red alder (Alnus rubra), big leaf maple (Acer
macrophyllum), black cottonwood (Populus balsamifera spp. trichocarpa), and non-native black locust
(Robinia pseudoacacia). The site contains an informal dirt trail on the north side of May Creek that
connects the existing May Creek Trail to Jones Ave NE. The mapped soils include Norma sandy loam
(poorly drained) and gravels. Norma sandy loam occurs on floodplains and is listed as a hydric soil.
According to the applicant, no unstable soils were observed in the immediate vicinity and there is no
history of unstable soils in the area. An approximate area of 0.15 acres would be cleared and graded in
the immediate footprint of the proposed new trail alignment. East of I-405, invasive species removal
would occur over approximately 1/3 acre within the stream buffer of May Creek surrounding the trail.
The disturbed area would be replanted with native plants, including 20 big leaf maples, 6 shore pine, 14
Sitka spruce, and 1,949 shrubs of different varieties (Exhibit 9). No off-site improvements are proposed.
Approximately 20 cubic yards would be excavated and 270 cubic yards of fill material would be used to
provide a soft surface trail that meets trail design standards. A conceptual cross section of the trail is
represented in the Technical Memorandum, May Creek Trail Design Criteria, prepared by Otak, Inc.
(dated July 13, 2018; Exhibit 15). Fill material would consist of gravel backfill and fine bark mulch
obtained from commercial sources. Erosion may occur during construction due to temporary exposure
of soils to precipitation or wind. Temporary erosion and sediment control measures and appropriate
best management practices would be used during construction to minimize erosion. Long-term erosion
is not anticipated as a result of the completed project. Best management practices would be used to
minimize erosion during construction. Stormwater runoff would be intercepted by temporary erosion
and sediment control measures such as silt fencing and straw wattles. The applicant is proposing to
cover exposed soils and stockpile material that would be exposed for more than 24 hours. Soil
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 5 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
disturbances would be minimized to the maximum extent possible and any cleared areas would be
replanted with native vegetation and/or seed mix.
Mitigation Measures: No further mitigation required.
Nexus: Not applicable.
2. Air
Impacts: It is anticipated that some short-term air quality impacts from motorized construction
equipment may occur during project construction. According to the applicant, all motorized equipment
would meet all current emission standards, so emissions are expected to be limited and diffuse (Exhibit
17). The proposed trail would not result in additional emissions once the project is completed.
Mitigation Measures: No further mitigation required.
Nexus: Not applicable.
3. Water
a. Wetland, Streams, Lakes
Impacts: The applicant submitted a Shoreline Permit Application Report, prepared by Otak, Inc.
(dated October 19, 2018; Exhibit 13) with the project application. The subject site includes a portion
of May Creek which is identified as a Shoreline of the State; therefore, the project is subject to the
Shoreline Master Program (SMP) regulations. The proposed public hiking over critical areas is
allowed provided it does not degrade the ecological functions or natural characteristics of the
shoreline area (RMC 4-3-090.D.2.a). The trail project would be located within May Creek shoreline,
more specifically within May Creek Reach B and May Creek Reach C. The site is designated as Urban
Conservancy pursuant to the SMP. A vegetation conservation buffer of 100 feet is required for
development projects within a designated shoreline and specific performance standards are
required in order to provide public access from a trail parallel to May Creek Shoreline Reaches B and
C (RMC 4-3-090.D.4.f). Also, removal of noxious weeds and invasive species is allowed within the
vegetation conservation buffer area and new development is required to develop and implement a
vegetation management plan per RMC standards.
Wetland delineations were completed in the project area by WSDOT in May 2016 for the freeway
widening project: I-405, Renton to Bellevue. An off-site wetland (Wetland 7.2R) is located
approximately 100 feet north of the proposed trail alignment and is rated as a Category III wetland
with a habitat score of 5 using the Wetland Rating System for Western Washington (Hruby 2014).
WSDOT wetland delineations are described further in Appendix B of the Wetland and Stream
Assessment Report, I-405, Renton to Bellevue Corridor Milepost 4.0-13.7, prepared by WSDOT, dated
July 2017 (Exhibit 14).
Biologists from Otak completed a field investigation on June 11, 2018 to verify wetland delineations
and characterizations. No wetlands or terrestrial habitat conservation areas were identified by Otak
within the project area. The wetland boundary was staked in the field by Otak surveyors and verified
by Otak biologists. The southernmost boundary of Wetland 7.2R was found to be located at the
northern edge of the Himalayan blackberry thicket generally located along the tree line. Otak
determined that Wetland 7.2R does not extend onto the project area. The southern boundary of
Wetland 7.2R is located within the Urban Conservancy designated shoreline environment of May
Creek. Per RMC 4-3-090D.2.d.iv a Category III wetland with moderate wildlife function points (20-28
points) and within Shoreline Jurisdiction has a buffer width of 125 feet.
The OHWM of May Creek was delineated by WSDOT and verified in the field by Otak biologists. The
delineated OHWM was consistent with field observations and previous mapping by WSDOT. May
Creek is a Type F stream with a 115-foot wide buffer (Exhibit 14). The riparian buffer of May Creek
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 6 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
and the buffer off the southern edge of Wetland 7.2R is dominated by invasive plant species. In
addition, an unnamed tributary to May Creek was identified outside of the project area flowing west
along the southern edge of Parcel #3345700097 towards Jones Ave NE. The tributary flows through
a culvert and discharges to May Creek south of the project area. The tributary is shown on King
County’s iMap and the COR Map Viewer. Roadside ditches along the east side of the Jones Ave NE
had flowing water at the time of the field survey that discharged to the unnamed tributary. These
features were determined by Otak to be outside of the project area.
The applicant submitted a critical areas findings technical memorandum post field investigation,
Critical Areas Review for the May Creek Trail Extension Project, prepared by Otak, Inc. (dated August
20, 2018) – Appendix A of the Shoreline Permit Application Report (Exhibit 13). The proposed
project buffer mitigation plan includes mitigating for impacts to the shoreline environment by
avoiding direct impacts to wetlands and watercourses, minimizing impacts to wetland and stream
buffers, and compensating for unavoidable impacts through buffer enhancement. The project
includes clearing invasive species from the vegetation conservation and wetland buffers on-site. The
current functions of the stream buffer are impeded by dense Himalayan blackberry growth that
prevents the establishment of native woody species and the natural succession toward a multi-
strata forested plant community. Clearing invasive plants from the regulated buffers and shorelands
and installing native trees and shrubs would increase the overall ecological functions in the shoreline
environment on-site. In addition, the Shoreline Permit Application Report proposes buffer
mitigation based on enhancement of on-site degraded buffers. The project intends to mitigate for
impacts to the shoreline environment by minimizing adverse impacts, restoring the affected
environment, and compensating by environmental enhancement (RMC 4-3-090D.2.a.iii).
Compensation for the permanent conversion of buffer would be provided by enhancing the
remaining buffer approximately 4:1. A five-year monitoring and maintenance plan is proposed for
the buffer enhancement mitigation area. The annual monitoring reporting, would include photo
documentation from designated photo-points and assessment of plant survivorship and vegetated
cover. This wetland buffer mitigation plan proposes several actions to enhance approximately 1/3
acre of the stream buffer, including: a) removal of non-native invasive species; b) installation of
native species for upland communities within the areas proposed for buffer enhancement; c) install
signage. The maintenance plan also includes recommendations for irrigation for at least the first two
(2) years after installation, and specifications for removal of non-native invasive species,
replacement of installed plants that fail, and other activities—including contingency actions that
would be taken if the restoration areas do not satisfy performance standards. Per RMC 4-3-
050.L.1.e-f, the proposed mitigation plan would be submitted prior to the issuance of building or
construction permits for development and mitigation activities would be timed to occur in the
appropriate season based on weather and moisture conditions. To ensure the recommendations
included in the provided Shoreline Permit Application Report are met, staff recommends as a SEPA
mitigation measure that the applicant be required to comply with the recommendations included in
the Shoreline Permit Application Report, prepared by Otak, Inc., dated October 19, 2018.
Mitigation Measures: The applicant shall comply with the recommendations included in the
Shoreline Permit Application Report, prepared by Otak, Inc., dated October 19, 2018.
Nexus: RMC 4-3-050 Critical Areas Regulations and RMC 4-3-090 Shoreline Master Program
Regulations.
b. Storm Water
Impacts: The applicant submitted a Technical Memorandum, May Creek Trail Extension Stormwater
Management, prepared by Otak, Inc. (dated October 18, 2018; Exhibit 12) with the project
application. From the stormwater management requirements, the project represents 3,660 square
feet (0.1 acres) of new pervious surface. The design of the soft surface trail is intended to not
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 7 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
increase the rate of flow or the quantities of runoff compared to the flow present under natural
conditions prior to the project. There are no underdrains planned for the trail that would collect
stormwater runoff that would require the consideration of the pervious surface as impervious for
the purposes of stormwater. Based on the provided drainage memorandum there are no
stormwater facilities within the project limits (along May Creek and excluding I-405 bridge over May
Creek). Stormwater currently infiltrates or is dispersed and sheet flow towards May Creek. The
proposed project would not change how or where stormwater is discharged.
According to the drainage memorandum, the proposed project would not have significant adverse
impact on the downstream and/or upstream drainage system. Field reconnaissance of the project
area and May Creek above and below the project limits did not identify significant bank erosion, or
other water quality concerns that should be considered for stormwater management in the design
of the project. The drainage memorandum found the project to be exempt from the flow control
requirements. Stormwater from the project would infiltrate to the native soils through the 3 inches
of fine bark mulch and the 6 inches of gravel borrow and, as previously identified, any water that
does not infiltrate would be fully dispersed as sheet flow through a minimum of 20 feet of the native
vegetated area. Low Impact Development features are provided by infiltration and full dispersion.
Water Quality Facilities are not required as the soft surface trail is not considered a pollution
generation impervious or pervious surface. Consequently, no conveyance systems would be
required for the May Creek Trail Extension Project.
Based on the Technical Memorandum by Otak, the project appears that it could be located in the
May Creek floodplain as delineated by Federal Emergency Management Agency (FEMA). A portion
of FEMA’s Flood Insurance Rate Map is shown as Figure 2 and the base flood elevations (BFEs)
shown are in the NAVD 29 vertical datum. However, converting those BFEs to the project vertical
datum (NAVD 88) by adding 3.57 feet to the BFE’s on FEMA’s map, it appears that the propose trail
may be above the 100-year flood elevations. No alteration or additional fill materials would be
placed other than the minimum fill needed to construct the trail to meet established safety
standards.
The preliminary temporary erosion and sediment controls (TESC) for the project were provided with
the 30% plans (Exhibit 4). The finalization of the TESC plans and details, and the inclusion of the
stormwater pollution prevention and spill control plan would be the responsibility of WSDOT and
their contractor.
Mitigation Measures: No further mitigation required.
Nexus: Not applicable.
4. Vegetation
Impacts: An Arborist Report was prepared by Otak, Inc. (dated August 7, 2018; Exhibit 11), and
submitted with the application. The site contains native red alder, black cottonwood and black locust
trees. There are no conifers on-site. Most of the alders are in decline, while the black cottonwoods are
strong growing trees. Himalayan blackberry covers approximately 85 percent of the site, with the
remainder occupied by reed canarygrass and Japanese knotweed. Native understory shrubs, or
groundcover, were not on-site but were observed to the north and on the opposite bank of May Creek.
The site is currently traversed via a desire path through the Himalayan blackberry which allows visitors
to travel beyond the trail, underneath I-405, before continuing westward toward Lake Washington Blvd
N. On the west side of I-405, there is an established 0.27 mile long phase of the May Creek Trail with
benches, restoration planting and signage (permitted under LUA12-037). According to the arborist
report, there are no high or imminent risk trees on-site because there are no targets near the poor
health trees. The only tree which is entering the realm of tree risk is the 54” black cottonwood tree
(Tree #324) which has a forked trunk at approximately 35 feet above grade. While the attachment looks
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 8 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
strong now, it may have some decay at the union. The professional arborist is recommending the
removal of two (2) non-native black locust trees (trees #325 and 327) near Jones Ave NE. These two (2)
trees are recommended for removal to reduce the potential for a grove of black locust establishing on-
site. The black locust is characterized for its quick growth, ability to emerge in poor soils, and a large
quantity of viable seed. It is listed as a “weed of concern” in King County. The other trees on-site are
recommended for retention, even the dead and declining trees. The inventoried trees are native to the
Pacific Northwest, consisting of red alder, black cottonwood and bigleaf maple. Many of the declining
trees may be considered unsightly, but they are performing habitat enrichment as standing wildlife
snags.
Pursuant to Renton Municipal Code (RMC), walkways or trails required in vegetated open space shall
consist of a public pedestrian walkway parallel to the OHWM of the property. The walkway shall be
buffered from sensitive ecological features, may be set back from the water’s edge, and may provide
limited and controlled access to sensitive features and the water’s edge where appropriate. Fencing may
be provided to control damage to plants and other sensitive ecological features and where appropriate.
Trails must be constructed of permeable materials and limited to four feet (4') to six feet (6') in width to
reduce impacts to ecologically sensitive resources. As demonstrated above, the proposed trail would
meet the minimum standards of RMC and the SMP which requires public access in the shoreline area of
May Creek Reaches B and C, pursuant to the Public Access Requirement Reach Table (RMC 4-3-
090.D.4.f).
During the project comment period, agency comments were received from the Muckleshoot Indian
Tribe Fisheries Division (Exhibit 20). Included were a number of concerns regarding tree removal, trail
spur and bench locations, plant management strategy, and the project’s relationship to other WSDOT
projects near May Creek. The project was placed on hold on February 26, 2019 (Exhibit 22) and
thereafter staff provided response letters to the Muckleshoot Indian Tribe Fisheries Divisions (Exhibit
23). Subsequently, the project was taken off hold on April 17, 2019 (Exhibit 25).
In 2016, the City issued a Shoreline Exemption permit to remove three (3) red alder trees located on the
north bank of May Creek along the May Creek Trail. The City’s Urban Forester concluded that all the
trees proposed for removal exhibited signs of decline or have been undercut by the creek and
represented safety concerns to users of May Creek Trail area. The tree stumps were retained and the
trees were left as large wood debris on the site. Also, the trees were removed in part due to their
proximity to installed trail benches. The Muckleshoot Indian Tribe Fisheries Division is requesting that
the trail spur and benches be far enough from trees to avoid creating a hazardous situation where trees
would later have to be removed to protect the trail and the benches. Therefore, staff recommends as a
condition of approval, that the applicant not locate trail benches near trees that are in poor health,
declining, or leaning excessively in the direction of the benches, so as to cause the benches to be a
target in the event of harsh weather. The location of the benches shall be determined by the City
Arborist based on a current tree assessment at the time the trail is constructed.
Mitigation Measures: The applicant shall not locate trail benches near trees that are in poor health,
declining, or leaning excessively in the direction of the benches, so as to cause the benches to be a
target in the event of harsh weather. The location of the benches shall be determined by the City
Arborist based on a current tree assessment at the time the trail is constructed.
Nexus: RMC 4-4-130 Tree Retention and Land Clearing Regulations, RMC 4-9-070 Environmental Review
Procedures and SEPA Environmental Elements and Regulations.
5. Wildlife
Impacts: The proposed project intends to construct a trail extension to the existing May Creek Trail
along the north side of May Creek. The subject site has the potential to provide quality habitat to a
number of species. The following species were identified in the SEPA checklist as being observed on or
DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB
City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 9 of 10
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near the subject site: songbirds, salmon, and trout (Exhibit 17). In addition, The Washington Department
of Fish and Wildlife (WDFW’s) Priority Habitats and Species on the Web at
(http://apps.wdfw.wa.gov/phsontheweb/) maps sockeye (Oncorhynchus nerka), steelhead (O. mykiss),
Chinook (O. tshawytscha), and Coho salmon (O. kisutch), and resident cutthroat trout (O. clarki) in May
Creek. WDFW’s Priority Habitats and Species List (PHS) on the Web maps Fall Chinook (federally-listed
threatened), and winter steelhead (federally-listed threatened) in May Creek. The project is expected to
have no direct effect to instream habitat because no in-water work is proposed. Indirect effects to listed
species would be limited to modification of surrounding riparian habitat with respect to the proposed
project.
The project site is within the broad boundaries of the Pacific Flyway, the major migrating corridor for
birds in North America west of the continental divide. However, the site itself is not a known
congregation point for migrating birds. However, May Creek is known as a migration route for the
salmon species listed above. According to the Shoreline Permit Application Report, the federally listed
threatened or endangered species in May Creek include Puget Sound Chinook ESU (Threatened) and
Coastal/Puget Sound steelhead (Threatened). Within the project area, no other ESA-listed species are
known to occur and suitable habitat for other ESA-listed species is not present. ESA-listed Coastal/Puget
Sound Bull Trout (Salvelinus confluentus) (Threatened) is also included in this assessment as it occurs in
Lake Washington approximately 0.5-mile downstream of the Project area. No in-water work would
occur for the proposed Project; as such, there are no direct effects to the above listed species. Indirect
effects to listed species would be limited to modification of surrounding riparian habitat with respect to
the proposed Project.
As mentioned above, the applicant submitted a Shoreline Permit Application Report, which includes a
Critical Areas Review, Buffer Mitigation and Monitoring Plan and Biological and Habitat Assessment with
the application. This Federal Emergency Management Agency (FEMA) Floodplain Biological and Habitat
Assessment was completed for the May Creek Trail Extension Project per the Floodplain Habitat
Assessment and Mitigation Regional Guidance for the Puget Sound basin (FEMA 2013) for compliance
with the Endangered Species Act (ESA). The biological and habitat assessment (Chapter 7) identifies ESA-
listed species in the project vicinity and assesses the impacts to those species to floodplain functions and
the primary constituent elements (PCEs) of ESA-listed species. According to the report, the biological
and habitat assessment is based on data derived from WDFW, DNR, City of Renton, NOAA Fisheries
West Coast Region, and the Pacific States Marine Fisheries Commission, as well as fieldwork conducted
for the proposed Project. The wildlife presence and use of the mitigation area would be noted during
the monitoring visits. The monitoring staff would record any species present, as well as wildlife
indicators such as scat, prints, nests, holes, browsing marks, etc. The report concludes that the project
would not result in a take of listed species or destruction or disturbance of habitat for listed species,
complying with Section 9 of the Endangered Species Act (ESA).
According to the Department of Ecology, a floodplain development permit would be required as part of
the proposal and can be embedded within another permit, such as a building or grading permit. The
project would also require a habitat assessment showing compliance with the Puget Sound Biological
Opinion for the National Flood Insurance Program (Exhibit 21).
Mitigation Measures: No further mitigation required.
Nexus: Not applicable.
6. Historic and Cultural Preservation
Impacts: As part of the initial May Creek Trail Project and as part of the current proposed May Creek
Trail Extension Project an Archaeological Assessment and cultural resources survey report was
submitted with the last two May Creek Trail applications, respectively. The assessment concluded that
no prehistoric or historic cultural resources were identified nor did the pedestrian survey identify any
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 10 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
archaeological materials on the surface or in the shovel probes. The Department of Archaeology and
Historic Preservation (DAHP) found “No Historic Properties Affected” in 2019 (Exhibit 24).
The initial study concluded that no further archaeological work was recommended based upon the
degree of previous ground disturbance and the absence of cultural materials in the shovel probes
excavated along the proposed trail. The report found that the potential for such discoveries remain as
the project is located in a high probability zone given its proximity to Lake Washington and ethnographic
associations. Thus the previous recommendation and the current recommendation by DAHP states that
in the event that archaeological or historic materials are discovered during project activities, work in the
immediate vicinity must stop, the area secured, and contact made with concerned tribes and DAHP for
further consultation.
Additionally, a village of the Duwamish tribe was probably located in the vicinity of the site, near the
Former Pan Abode property, which is located upstream of the current mouth of May Creek. The area
near the subject site is within the territory of the Duwamish, a Salish-speaking group predominant in the
Seattle area. The Duwamish lived in cedar longhouses in villages located on most of the larger bodies of
water in the central to southern portion of the Seattle area (Elliott Bay, Lake Washington, Lake Union,
Salmon Bay, and on the Duwamish, Green/White, and Cedar/Black Rivers). Historically the parcels may
have been influenced by fluctuations in lake levels overtime due to earthquakes and the lowering of
Lake Washington approximately nine (9) feet following construction of the Hiram Chittenden Locks and
the opening of the Lake Washington Ship Canal in 1916. Development within the vicinity of May Creek
and Lake Washington are more likely to be sites where significant historic and/or cultural resources
would be found. Therefore, staff recommends a mitigation measure that requires the applicant and/or
developer to stop work and immediately notify the City of Renton planning department, concerned
Tribes’ cultural committees, and the Washington State Department of Archeological and Historic
Preservation if any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are
found.
Mitigation Measures: If any Native American grave(s) or archaeological/cultural resources (Indian
artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify
the City of Renton planning department, concerned Tribes’ cultural committees, and the Washington
State Department of Archeological and Historic Preservation.
Nexus: RMC 4-3-090 Shoreline Master Program Regulations and SEPA Environmental Elements and
Regulations.
E. Comments of Reviewing Departments
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 “Advisory Notes to Applicant” (Exhibit 26).
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 May 10, 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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