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Home My WebLink AboutD_ERC_Determination_DNSM_190426 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 - MITIGATED (DNS-M) PROJECT NUMBER: LUA19-000015, ECF, SM APPLICANT: Stephanie Modjeski, Otak, Inc., 2731 Westmore Ave, Unit #300, Everett, WA 98201 PROJECT NAME: May Creek Trail Extension Project PROJECT DESCRIPTION: 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. PROJECT LOCATION: May Creek Trail, Parcel Nos. 322405-9109 and -9010 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). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-070D Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. 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 May 10, 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 26, 2019 DATE OF DECISION: April 22, 2019 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB 4/23/2019 | 9:07 AM PDT 4/22/2019 | 5:35 PM PDT 4/22/2019 | 4:29 PM PDT 4/22/2019 | 7:06 PM PDT DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map 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 SR_ERC_Report_May_Creek_Trail_Extension_190422 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 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 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. DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE ENVIRONMENTAL REVIEW COMMITTEE EXHIBITS Project Name: May Creek Trail Extension Project Land Use File Number: LUA19-000015, ECF, SM Date of Meeting April 22, 2019 Staff Contact Clark H. Close Senior Planner Project Contact/Applicant Stephanie Modjeski, Otak, Inc. 2731 Westmore Ave, Unit #300, Everett, WA 98201 Project Location May Creek Trail, Parcel Nos. 322405-9109 and -9010 The following exhibits are included with the ERC Report: 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 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 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 2 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 3 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 4 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 5 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 6 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 7 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 8 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 9 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB EXHIBIT 10 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB City of Renton May Creek Trail Extension Arborist Report August 7, 2018 Submitted to: Vanessa Dolbee Current Planning Manager 1055 South Grady Way Renton, WA 98057 Prepared By: Otak, Inc. 11241 Willows Road NE, Suite 200 Redmond, WA 98052 Project No. 32978 Entire Document Available in Laserfiche Submittals Folder EXHIBIT 11 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB K:\project\32900\32978\ProjectDocs\Drainage Memo\May Creek Trail Extension Drainage Memo.docx Technical Memorandum To: Lori McFarland From: Greg Laird, PE Copies: Tasha Wang Date: October 18, 2018 Subject: May Creek Trail Extension Stormwater Management Project No.: 32978 The City of Renton (City) is proposing the May Creek Trail Extension Project (the Project) - a pedestrian trail extension along the north side of May Creek from Jones Avenue NE to the existing May Creek Trail west of Interstate 405 (I-405). Otak, Inc. (Otak) is scoped to prepare a drainage memorandum to describe the stormwater management facilities and Best Management Practices (BMPs) that will be required for the trail based on the 2017 City of Renton Surface Water Design Manual. It is assumed that the Project will have a Targeted Drainage Review since it is located in or adjacent to a flood hazard area. The following sections describe the Project in accordance with standard Technical Information Report sections. 1. Project Overview The May Creek Trail Extension Project (the Project) is a soft surface pedestrian trail that extends from Jones Avenue NE to the existing May Creek Trail west of Interstate 405 (I-405) (Figure 1). The Project will be constructed by Washington State Department of Transportation (WSDOT) as a component of their I- 405 widening project. The trail will be approximately 6-feet wide and will be composed of a fine bark mulch atop a compacted gravel borrow layer. Approximately 100-feet to either side of the newly constructed trail will be cleared of invasives and will be enhanced and restored with native vegetation. The project is located entirely within the City of Renton, King County, Washington. The project follows the north side of May Creek from Jones Avenue NE to the May Creek Trail west of I-405. A portion of the project is within WSDOT right of way (Figure 1). The project is in Section 32, Township 24, Range 05 East of the Public Land Survey System. The trail extension will be approximately 815 feet long, and approximately 270 feet of it will be underneath I-405. The existing condition has been described in the critical areas report (Otak, 2018) as forested with a dense understory of Himalayan blackberry, Japanese knotweed and reed canarygrass. Tree species within the project area include black locust, red alder, big leaf maple, and black cottonwood. An informal dirt trail connects the existing May Creek Trail to Jones Avenue NE (Photo 1). The informal trail follows the north side of May Creek, beneath I-405 and extends through a large Himalayan blackberry and reed canarygrass field before connecting with Jones Avenue NE. The riparian buffer of May Creek is dominated by invasive species. Field samples of the soil along the trail alignment have classified the native soils as loamy sands. The Project is located within the floodplain of May Creek and within the stream buffer and within the buffer of an adjacent wetland. The trail will be 6 feet wide, except where it is underneath I-405 where it Entire Document Available in Laserfiche Submittals Folder EXHIBIT 12 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB Shoreline Permit Application Report May Creek Trail Extension Project City of Renton Prepared for: Prepared by: Jeff Gray, PWS Stephanie Modjeski Kevin O’Brien, PhD Otak, Inc. 2731 Wetmore Avenue, Suite 300 Everett, WA 98201 October 19, 2018 Entire Document Available in Laserfiche Submittals Folder EXHIBIT 13 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB Wetland and Stream Assessment Report I-405, Renton to Bellevue Corridor Milepost 4.0 – 13.7 Renton, WA Bellevue, WA King County, WA Prepared by I-405/SR 167 Corridor Program July 2017 Entire Document Available in Laserfiche Submittals Folder EXHIBIT 14 RECEIVED 11/28/2017 cclose PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB k:\project\32900\32978\projectdocs\design criteria\design criteria.docx Technical Memorandum To: File From: Anna Ly, PE Copies: Lori McFarland, PE Date: July 13, 2018 Subject: May Creek Trail Design Criteria Project No.: 32978 The purpose of this technical memorandum is to present the proposed design criteria that will be used to develop the May Creek Trail extension in Renton, Washington. The trail extends the existing trail from the west side of Interstate 405 to Jones Avenue NE at milepost 7.2, as shown below. The trail will be on lands owned by the City of Renton or WSDOT, affecting which design standards apply to the project. Maintenance will generally be performed by the City of Renton. Entire Document Available in Laserfiche Submittals Folder EXHIBIT 15 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB k:\project\32900\32978\projectdocs\reports\delivery memorandum 2018-10-18.docx Technical Memorandum To: Angelea Weihs, City of Renton From: Anna Ly, PE Lori McFarland, PE Jeff Grey, MS, PWS Greg Laird, PE Tom Early, PLA Copies: Kevin O’Brien, PhD Date: October 18, 2018 Subject: May Creek Trail Extension — Delivery Memorandum Project No.: 32978 The following delivery memorandum documents the design criteria, decisions, assumptions and calculations. The trail is designed to a 30% level and was prepared consistent with the WSDOT Plans Preparation Manual and the Standard Specifications, 2018 edition. The May Creek Trail Extension project is a proposed continuation of the existing May Creek Trail located on the west side of I-405 and north of May Creek and will extend underneath I-405 to the east, to the edge of pavement at Jones Avenue NE. The trail is approximately 815', 270' of which will fall under WSDOT right of way (ROW). The trail will be constructed by WSDOT as a component of the I-405 widening project. Entire DocumentAvailable in Laserfiche Submittals Folder EXHIBIT 16 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 1 of 17 SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision- making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for Lead Agencies: Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals: [help] For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements –that do not contribute meaningfully to the analysis of the proposal. A. Background [help] 1. Name of proposed project, if applicable: [help] May Creek Trail Extension Project 2. Name of applicant: [help] City of Renton Entire DocumentAvailable in Laserfiche Submittals Folder EXHIBIT 17 RECEIVED Clark Close 01/31/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB CityofRenton,RECEIVEDCommunityandEconomicDevelopmentMAR1320191055SouthGradyWayciTYOFENI0NPLANGDIVISIONRenton,WA98057-3232DearFolks,Ihaveseveral“items”todiscuss.First,Theenclosedwasmailedtothewrongpersonatthewrongaddress.Iamreturningit.Second,Lookslikemyaddressmaybeincorrectinyoursystem.Mycorrectaddressis241054thPLACEWest(notPark).Andlast,Iwouldsoappreciateitifyoucouldtellmewhythepropertyacrossfrommybuilding,(1703NE44thRenton,98056)isnolongerconsideredWetLandspertheattached.Thatpropertyhasbeenwetlandsforthepast20yearsasItriedtobuyitmyselfandwastoldbytheCityofRentonitwaswetlands.YettheletterattachedsaystheCityofRentonused“nowetlands”.Pleaseseeareashigh-lighted.Ieagerlyawaityourresponse.Tha241054thPlaceWestBothell,WA98021EXHIBIT 18DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB RECEIVEDRonOyerFEB212019CITYOFFENTON4021WellsAveNPLANN!NGDMSION425-572-5618R_oyer@hotmail.com2-21-2019DearClarkH.CloseI’mwritinginresponsetothenew“MayCreekTrailExtensionProject”.Myconcernisthesedimentthatwillbebroughtdownstreamfromtheworkdonetomakethenewtrail.MayCreekisalreadycloggedtothemaxatthemouthconnectingtoLakeWashington.Inthe“Notice”Ireceived,theleadagency,theCityofRentonstatesthatthey’vedetermined“significantenvironmentalimpactsareunlikely”.Thecreekneedstobedredgedbeforeweaddmoretotheproblem.Theamountofsalmonthatcomebacktothecreekhasdiminishedgreatlyoverthelast4-5years.Thepolethattheeaglesroostisnowonland.Iwouldliketomeetsomeonefromthecitytodiscusstheproblem.IknowthecitydredgesthecreekrunningthrutheSummerfieldneighborhoodsoitcanbedone.Thankyouforyourtime.Warmregards,RonOyerADocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB 1 Clark Close From:KAREN STIRITZ <kdstiritz@comcast.net> Sent:Wednesday, February 20, 2019 5:17 PM To:Clark Close Subject:May Creek Trail Extension Project Mr. Clark Close, Good afternoon. I would like to take a moment to comment on the project May Creek Trail Extension Project (portion of govt lot 1, section 32, T 24 N, R 5 E, WM). I feel that this project has the potential to create problems for the neighborhood of in which I reside. The back side of my property faces Jones Road. I have lived in the area for the last nine years and have seen a multitude of vagrants and unsavory people find this road, and the uninhabited properties, favorable to make their squatting grounds. Generally speaking, this also invites used needles, empty food containers, bottles and cans spread around where they have decided to take up residence. I personally feel that opening the foot traffic up on the street behind us will have a potential for more than those out for a healthy stroll. Opening up the walk path from the other side of the highway is inviting all kinds from further away. I personally know of several unsavory people that feel that its perfectly okay to plant wherever they feel in this area. There has been a motor home parked next to the church housing this exact problem for months. Managing Dino's Pub for 14 years allowed me to see other types of traffic that frequents this neighborhood. The hotel is a hotbed for drug deals and prostitutes. People would shoot up in the parking lot quite frequently, they didn't care who saw, I personally witnessed this in the past month. Allowing more access to this area for the general public makes me exceptionally nervous. Jones Road is secluded enough to allow more of that behavior out of the eyes of public, but close to their source. This path would create even more access. I know many of the people that live on Jones Road and they are constantly battling squatters and break ins. My garage was broken into two months ago and we lost several thousand dollars worth of tools. While I believe it would be grand to have a walk path during daytime hours, I fear what the night time traffic will bring. As it is, we have had visitors on the side of the property of Williamsburg that left behind several cans and bottles in the last two days. I pay very close attention to this as I walk my dog at 4:00 am and 11:00 pm. There has been more than once I've known that I was not out there alone in the dark. My fear is that this will become more frequent, and more dangerous. While I've heard the argument that more attention and walkways would encourage positive outcomes, I do not believe this to be true. The Renton police department is an amazing and courageous group of people. They cannot be everywhere, and this area would create more work for them should it be opened to more traffic. There is a sidewalk already over I405. Possibly this could be improved and would be a less expensive alternative to the proposed change? DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB 2 Sincerely, Karen Stiritz 1800 NE 40th Street E302 Renton, WA 98056 425-444-0694 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB March 26, 2019 Marjorie Langton 24105 4th Place West Bothell, WA 98021 SUBJECT: MAY CREEK TRAIL EXTENSION PROJECT COMMENT RESPONSE LETTER LUA19-000015, ECF, SM Dear Ms. Langton, Thank you for your comments related to May Creek Trail Extension Project (received March 13, 2019) wherein you raised concerns regarding an incorrect address, the notice of application mailed to the wrong person and the wrong address, your address was listed as “Park” not “Place” on the envelope, and why the property across from your building (identified as 1703 NE 44th St, Renton, WA 98056) is no longer considered a wetland as described in the project description in the City’s public notice letter. Your comments will be added to the public record for consideration by the reviewing official and you have been added as a party of record. According to King County and City of Renton records, your J&M Machine Warehouse has a Renton address of 1703 NE 43rd St, Renton, WA 98056 (parcel number 334570-0060). If you feel your assigned building address is in error, please reach out to the Renton Property & Technical Services Manager, Amanda Askren, at 425-430-7369. As part of the application submittal, the applicant provided a Shoreline Permit Application Report prepared by Otak, Inc. (dated October 19, 2018). The shoreline report was prepared by a wetland ecologist, a certified wetland scientist and environmental technician, and a wildlife biologist and ecologist with more than 35 years of combined experience. A digital copy of the 37 page Shoreline Permit Application Report is available on the City’s website under the City of Renton Document Center at https://edocs.rentonwa.gov/Documents/ Browse.aspx?startid=972249 via 2019 > LUA19-000015 > 01 - Submittal Documents > RS_PN_CM_Shoreline Permit Application Report_181018_v1. Please note, parcel number 3224059010 contains a wetland. According to the 30% Design drawings, the wetland was delineated as close as 146 feet north of May Creek, just not within the Project Area. A digital copy of the 30% design is also available on the City’s website for review (P_30% Plans_181018_v1). Thank you for interest in this project and if you have any further questions please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Sincerely, Clark H. Close Senior Planner EXHIBIT 19 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB February 26, 2019 Ron Oyer 4021 Wells Ave N Renton, WA 98056 SUBJECT: May Creek Trail Expansion Project Comment Response Letter LUA19-000015, ECF, SM Dear Mr. Oyer: Thank you for your comments related to May Creek Trail Expansion Project; received on February 21, 2019 wherein you raised concerns regarding the proposed project. Your letter will be added to the public record for consideration by the reviewing official and you have been added as a party of record. To address your downstream sediment concerns the applicant will be required to demonstrate compliance with the City’s development regulations as well as Washington State’s Environmental Policy Act (SEPA) which would require mitigation for any impacts created by the expansion of the trail. The City will provide analysis of the proposal in two upcoming documents: the Environmental Review Committee Report and the City of Renton’s Decision on the Shoreline Substantial Development Permit. You will receive copies of all correspondences. Thank you for your interest in this project and if you have any further questions please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Sincerely, Clark H. Close Senior Planner DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB February 26, 2019 Karen Stiritz 1800 NE 40th St E302 Renton, WA 98056 SUBJECT: May Creek Trail Expansion Project Comment Response Letter LUA19-000015, ECF, SM Dear Ms. Stiritz: Thank you for your comments related to May Creek Trail Expansion Project; received on February 20, 2019 wherein you raised concerns regarding the proposed project. Your letter will be added to the public record for consideration by the reviewing official and you have been added as a party of record. To address your concerns of safety, increased levels of unwanted people, activity, and City of Renton Police Department demand the applicant will be required to demonstrate compliance with the City’s development regulations as well as Washington State’s Environmental Policy Act (SEPA) which would require mitigation for impacts caused by the expansion of the trail. The City will provide analysis of the proposal in two upcoming documents: the Environmental Review Committee Report and the City of Renton’s Decision on the Shoreline Substantial Development Permit. You will receive copies of all correspondences. Thank you for your interest in this project and if you have any further questions please feel free to contact me at 425-430-7289 or cclose@rentonwa.gov. Sincerely, Clark H. Close Senior Planner DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB 1 Clark Close From:Karen Walter <KWalter@muckleshoot.nsn.us> Sent:Thursday, February 21, 2019 2:17 PM To:Clark Close Subject:May Creek Trail Extension Project; LUA19-000015, SM, ECF, Notice of Application/Proposed MDNS Attachments:NOA_Notice_of_Application_DNSM_MayCreekTrailExtension_190207.pdf; P_30% Plans_ 181018_v1.pdf; ECF_SEPA Checklist_100705_v1.pdf; May Creek Trail, LUA12-037, ECF, SM, SMV, Notice of Application and Proposed Determination of Non-Significance, Mitigated; May Creek Trail Tree Removal SME Approval.pdf Clark, We have reviewed the SEPA documents and other available information for the City of Renton’s May Creek trail extension project referenced above. We offer the following comments: 1. Please clarify how many, which species and their sizes of trees that will be removed for this project. The checklist notes that no trees will be removed; however, the plan sheets and the extent of the clearing area suggest otherwise. 2. The trail spur and benches should be far enough from trees to avoid creating a hazardous situation where trees have to be removed to protect the trail and the benches. We were quite surprised when tree removal work occurred without sufficient mitigation along the section of trail west of I-405 when we specifically discussed trail locations and management of any hazard trees during the permitting for that section of trail with City Parks’ staff (see our attached comments). The City issued a Shoreline exemption for this work with no review opportunity. (see attachment) 3. On a related point, the project needs a long term tree and invasive plant management strategy that should be developed now and sent out for our review in light of comment 2. 4. The trail is proposed within and/or near to WSDOT’s stream mitigation areas for the I-405 Renton to Bellevue ETL project. To date, there has been no discussion or details about the overlap between these two projects actions which could result in unmitigated impacts to the May Creek and its buffer. We intend to resolve this concern via WSDOT’s pending Corps permit. We appreciate the opportunity to review this proposal and look forward to the City of Renton’s responses. Best regards, Karen Walter Watersheds and Land Use Team Leader Muckleshoot Indian Tribe Fisheries Division Habitat Program 39015-A 172nd Ave SE Auburn, WA 98092 253-876-3116 From: Kyle Wunderlin [mailto:KWunderlin@Rentonwa.gov] Sent: Thursday, February 07, 2019 10:09 AM To: Karen Walter; Laura Murphy; 'separegister@ecy.wa.gov'; 'sepaunit@ecy.wa.gov'; 'misty.blair@ecy.wa.gov'; 'Sepadesk@dfw.wa.gov'; 'sepacenter@dnr.wa.gov'; 'Minnie.Dhaliwal@TukwilaWA.gov'; 'jgreene@kingcounty.gov'; 'steveo@newcastlewa.gov'; 'andy.swayne@pse.com'; 'SEPA@dahp.wa.gov'; 'dperwebinquiries@kingcounty.gov' Cc: Clark Close Subject: City of Renton LUA Acceptance: May Creek Trail Extension Project; LUA19-000015, SM, ECF EXHIBIT 20 Entire DocumentAvailable in Laserfiche Submittals Folder DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB Entire DocumentAvailable in Laserfiche Submittals Folder EXHIBIT 21 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB February 26, 2019 Stephanie Modjeski Otak, Inc. 2731 Westmore Ave, Unit #300 Everett, WA 98201 Subject: “On Hold” Notice May Creek Trail Extension Project, LUA19-000015, ECF, SM Dear Ms. Modjeski: The Planning Division of the City of Renton accepted the above master application for review on February 7, 2019. During our review, staff has determined that additional information is necessary in order to proceed further. The following information will need to be submitted before May 26, 2019 so that we may continue the review of the above subject application:  On February 21, 2019, Karen Walter with the Muckleshoot Indian Tribe Fisheries Division provided agency comments and questions regarding the subject application. These comments are provided as an enclosure to this letter. At this time, your project has been placed “on hold” pending receipt of the requested information. Please contact me at (425) 430-7289 if you have any questions. Sincerely, Clark H. Close Senior Planner Enclosures: Comments from Karen Walter with the Muckleshoot Indian Tribe Fisheries Division cc: City of Renton, Leslie Betlach / Owner Cassan, Elliott, Kidd, Langton, Oyer, Quarrie, Stiritz, Walter, Weihs / Parties of Record Entire Document Available in Laserfiche Submittals Folder EXHIBIT 22 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB April 16, 2019 Karen Walter Muckleshoot Indian Tribe Fisheries Division Habitat Program Phillip Starr Building 39015-A 172nd Ave SE Auburn, WA 98092 SUBJECT: May Creek Trail Expansion Project Comment Response Letter (2) LUA19-000015, ECF, SM Dear Ms. Walter: Thank you for your additional comments related to the May Creek Trail Expansion Project, received on February 21, 2019, wherein you raised concerns regarding the proposed project. Responses to your comments are enclosed. Your email has been included in the official project file and the reviewing official will consider your concerns and requests as part of their review. If you have any additional questions please feel free to contact me at (425) 430-7289. Sincerely, Clark H. Close Senior Planner Enclosure(s): May Creek Trail Expansion Project Response Letter with Enclosures (dated April 11, 2019) Entire DocumentAvailable in Laserfiche Submittals Folder EXHIBIT 23 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB April 11, 2019 Clark Close City of Renton 1055 S Grady Way Renton, WA 98057 SUBJECT: May Creek Trail Expansion Project Comment Response Letter LUA19-000015, ECF, SM Dear Mr. Close: Thank you for providing an opportunity to respond to the on hold letter (received on February 26, 2019) and for passing along comments and concerns from the Muckleshoot Indian Tribe Fisheries Division related to the May Creek Trail Expansion Project. Please see responses to these questions/concerns below: 1. Please clarify how many, which species and their sizes of trees that will be removed for this project. The checklist notes that no trees will be removed; however, the plan sheets and the extent of the clearing area suggest otherwise. Response: An Arborist Report prepared by Otak, Inc. (dated September 21, 2018) was submitted with the project application (attached). The Report states that only two (2) on-site trees (#325 and #327) are recommended for removal, both of which are black locust trees adjacent to 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. In addition, the Report further states that the other trees on-site are recommended for retention, even the dead and declining trees. They are all 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. 2. The trail spur and benches should be far enough from trees to avoid creating a hazardous situation where trees have to be removed to protect the trail and the benches. We were quite surprised when tree removal work occurred without sufficient mitigation along the section of trail west of I-405 when we specifically discussed trail locations and management of any hazard trees during the permitting for that section of trail with City Parks’ staff (see our attached comments). The City issued a Shoreline exemption for this work with no review opportunity. (see attachment) DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB Response: A Shoreline Permit Application Report prepared by Otak, Inc. (dated October 19, 2018) was submitted with the project application (attached). The Report included a proposed buffer mitigation plan that states that the proposed trail has been designed to avoid and minimize impacts to critical areas and buffers to the maximum extent possible. While impacts to wetland and stream buffer areas are unavoidable as the proposed trail extension connects to the existing May Creek Trail west of I-405, which is already located within the 200-foot stream buffer and the 100-foot vegetation management buffer, buffer impacts have been minimized by proposing a 6-foot wide trail using existing elevations and for pedestrian use only. The Report states that tree removal has been minimized to install the trail extension, and is limited to two (2) non-native black locusts adjacent to Jones Ave NE. The Tree Retention and Land Clearing Plan (attached) submitted with the project application shows that the trail spur location and configuration has been designed to avoid existing trees to the north and south. City staff is mindful of the proximity of the proposed split cedar log benches, three (3) in total, to nearby trees within the proposed project. High performance development standards are required by the Renton Municipal Code during construction per RMC 4-4-130.H.9. For example, prior to development activities, tree protection measures require the applicant to erect and maintain six-foot (6') high chain link temporary construction fencing around the drip lines of all retained trees or at a distance surrounding the tree equal to one and one-quarter feet (1-1/4') for every one inch (1") of trunk caliper, whichever is greater, or along the perimeter of a tree protection tract. Individual trees require fencing on four (4) sides with placards indicating the words, “NO TRESPASSING – Protected Trees.” In addition, the applicant must provide supervision whenever equipment or trucks are moving near trees. At the time of civil construction permit, the health of the nearby trees to the proposed benches could be verified to ensure that the benches are not located too close to 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. As part of the environmental review process, the Environmental Review Committee will determine if additional mitigation measures should be applied to the permit to further mitigate for project impacts. 3. On a related point, the project needs a long term tree and invasive plant management strategy that should be developed now and sent out for our review in light of comment 2. Response: A Shoreline Permit Application Report prepared by Otak, Inc. (dated October 19, 2018) was submitted with the project application (attached). The Report includes maintenance and contingency actions specific to non-native invasive species control. The non-native invasive species listed in the mitigation performance standard section (Section 5.5.3 in Report) would be controlled throughout the designated restoration planting areas. At a minimum, control efforts would satisfy the performance standards of either no cover or less than 10 percent cover for the following non-native invasive species: non-native invasive knotweeds including Japanese, Bohemian, giant, Himalayan, and hybrids. Control would occur a minimum of two times per year (Polygonum cuspidatum, P. bohemicum, P.sachalinense, and P. polystachyum); Himalayan blackberry; and reed canary grass for Years 1 through 5. The Report further states that invasive plants (including roots and crowns) would be removed by hand or with manual tools. All cut and pulled non-native vegetation would be removed from the mitigation area and disposed of properly offsite. If manual control methods prove to be ineffective for certain species (e.g. Japanese knotweed, Himalayan blackberry, etc.), herbicide use may be necessary. Only herbicides approved for use in or near aquatic areas (e.g. Rodeo®, AquaMaster) may be used, and only licensed applicators with endorsements for aquatic pest control can apply herbicides. The least amount of herbicide necessary would be applied at the most effective time(s) of year, and adjacent desirable native species would not be damaged. Regarding the concern for a long term tree management plan, it is anticipated that the tree protection measures noted above, as well as potential Environmental Review mitigation measures, would help prevent any future DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB unnecessary tree removal. In addition, per the City of Renton’s Urban & Community Forest Management Plan (2009), periodic annual inspection of trees is an integral part of best management practice as defined by the International Society of Arboriculture (ISA). Renton exceeds this standard at May Creek given that the Urban Forester inspects landscape maintenance there on a monthly basis and Renton Parks crews perform weekly maintenance in the same area. Tree inspections along new trail extensions will be readily accommodated. 4. The trail is proposed within and/or near to WSDOT’s stream mitigation areas for the I-405 Renton to Bellevue ETL project. To date, there has been no discussion or details about the overlap between these two projects actions which could result in unmitigated impacts to the May Creek and its buffer. We intend to resolve this concern via WSDOT’s pending Corps permit. Response: Please see attached response from Washington State Department of Transportation (WSDOT). If you have any further questions about this project, please feel free to contact me at 425-430-7312 or aweihs@rentonwa.gov. Sincerely, Angelea Weihs Associate Planner Enclosure(s): May Creek Arborist Report dated September 21, 2018 Shoreline Permit Application Report dated October 19, 2018 Tree Retention and Land Clearing Plan WSDOT Response to Item #4 cc: Leslie Betlach, City of Renton Parks Planning and Natural Resources Director Stephanie Modjeski, Otak, Inc. Wetland Scientist Sean Quarrie, WSDOT – I-405/SR 167 Program Project Engineer Linda Cooley, WSDOT I-405 Program Environmental Permit/Compliance Lead Chad Durand, WSDOT Consultant DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov April 5, 2019 Mr. Jason Cooper Cultural Resource Specialist WA State Dept. of Transportation 15700 Dayton Avenue North PO Box 330310 Seattle, WA. 98133-9710 In future correspondence please refer to: Project Tracking Code: 112206-10-FHWA Property: I-405 Tukwila to Renton Improvement_ City of Renton May Creek Trail Extension Re: No Historic Properties Affected Dear Mr. Cooper: Thank you for contacting the Department of Archaeology and Historic Preservation (DAHP) and providing a copy of the cultural resources survey report for the above referenced project. As a result of our review, we concur with recommendations made in the report and your finding of No Historic Properties Affected. As a result of our concurrence, further contact with DAHP on this matter is not necessary. However, if information becomes available and/or the scope of work changes, please resume consultation with DAHP and all consulting parties. 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. We appreciate receiving any correspondence or comments from concerned tribes or other parties that you receive as you consult under the requirements of 36 CFR 800.4(a)(4). These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer (SHPO) in conformance with Section 106 of the National Historic Preservation Act and its implementing regulations 36 CFR 800. Thank you for the opportunity to review and comment. If you have any questions, please feel free to contact me. Sincerely, Dennis Wardlaw Transportation Archaeologist (360) 586-3085 dennis.wardlaw@dahp.wa.gov EXHIBIT 24 RECEIVED Clark Close 04/09/2019 PLANNING DIVISION DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB April 17, 2019 Stephanie Modjeski Otak, Inc. 2731 Westmore Ave, Unit #300 Everett, WA 98201 SUBJECT: "Off Hold" Notice May Creek Trail Extension Project / LUA19-000015, ECF, SM Dear Ms. Modjeski, Thank you for submitting the additional materials requested in the February 26, 2019 on hold letter from the City. Your project has been taken off hold and the City will continue review of the May Creek Trail Extension Project. If you have any questions, please contact me at (425) 430-7289. Sincerely, Clark H. Close Senior Planner cc: City of Renton, Leslie Betlach / Owner Cassan, Cline, Elliott, Kidd, Langton, Oyer, Quarrie, Stiritz, Walter, Weihs / Parties of Record EXHIBIT 25 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 2 LUA19-000015 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: Clark H. Close, 425-430-7289, cclose@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. 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 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. 6. 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. 7. 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. Development Engineering: (Contact: Justin Johnson, 425-430-7291, JTJohnson@rentonwa.gov) 1. See Attached Development Engineering Memo dated February 21, 2019. Fire Authority: (Contact: Corey Thomas, 425-430-7024, cthomas@rentonrfa.org) 1. No comments at this time. Technical Services: (Contact: Amanda Askren, 425-430-7369, aaskren@rentonwa.gov) 1. The 30% plans are not on City of Renton horizontal and vertical datum. EXHIBIT 26 DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB ADVISORY NOTES TO APPLICANT Page 2 of 2 LUA19-000015 Community Services: (Contact: Leslie Betlach, 425-430-6619, lbetlach@rentonwa.gov) 1. No comments at this time. Police: (Contact: Cyndie Parks, 425-430-7521, cparks@rentonwa.gov) 1. If there are unwanted subjects creating encampments on property that lies on City of Renton land, then that would need to be reported via 911 or Code Enforcement. In checking calls-for-service for Williamsburg Condos (the location of Ms. Stiritz residence) I don’t see any reports for the last calendar year involving the reporting of unwanted subjects or encampments in the area. There may be case reports you can reference for the area, which you can check via: www.crimereports.com, but please keep in mind those incidents are not necessarily related or tied to homeless in the area and are calls we would expect to see in most neighborhoods in the City within a six-month period of time. There are no “hard” statistics for greenbelt/undeveloped areas in our system since there is no formal address attached to them. 2. This area of Renton experiences a lower-than-average call for service rate in comparison to other areas of Renton, primarily due to how “pulled off the beaten path” it is. The biggest complaints we get for the area are either theft from motor vehicle related (not unique or directly-related to transient activity in my opinion; it’s the #1 reported crime in the country), or are traffic related. In my opinion, if this project includes a well-constructed walking trail, this can only improve the area by drawing a usership into locations that are typically secluded and hidden from view. As you are probably aware, the homeless population is ever-increasing and breaking down encampments has become a full-time job for several job positions in the City now. It’s turned into a more structured plan-of-action involving several divisions in the City and Ms. Stiritz is welcome to report her observations. Building: (Contact: Craig Burnell, 425-430-7290, cburnell@rentonwa.gov) 1. No comments at this time. DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: February 21, 2019 TO: Clark Close, Senior Planner FROM: Justin Johnson, Civil Engineer III, Plan Reviewer SUBJECT: May Creek Trail Extension 4260 Lake Washington Blvd LUA19-000015 I have completed a preliminary review of the application of the above-referenced proposal located at parcel 3224059109 and have the following comments: The applicant is proposing to extend the May creek trail from its current location on the west side of I-405 to the east connecting to Jones Ave NE. EXISTING CONDITIONS The Site is approximately 13.9 acres comprised of two parcels that are primarily rectangular in shape. The existing site is undeveloped with a large amount of trees and wetlands located throughout the parcel. CODE REQUIREMENTS STORM DRAINAGE COMMENTS 1. Drainage plans and a drainage report complying with the adopted 2017 Renton Surface Water Design Manual will be required. 2. A preliminary Drainage Plan and Technical Information Report (TIR), dated October 18, 2018, was submitted by Otak with the Land Use Application. Based on the City of Renton’s flow control map, the site falls under Flow Control Duration Standards (Forested Conditions) and is located within the May Creek drainage basin. The development is subject to a Full Drainage Review in accordance with the 2017 Renton Surface Water Design Manual (RSWDM). All nine core requirements and the six special requirements have been discussed in the Technical Information Report. The detention, water quality and conveyance shall be designed in accordance with the RSWDM that is current at the time of the civil construction permit application. DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB May Creek Trail Extension – LUA19-000015 Page 2 of 2 February 21, 2019 3. A Construction Stormwater General Permit from the Washington Department of Ecology is required as site clearing will exceed one acre. TRANSPORTATION/STREET COMMENTS 1. Applicant will need to obtain a civil construction permit for the installation of the May Creek Trail extension. Trail shall follow the requirements as outlined in the agreement between WSDOT and the City of Renton. GENERAL COMMENTS 1. Retaining walls that are 4’ or taller from bottom of footing and stormwater detention vaults will require a separate building permit. Structural calculations and plans prepared by a licensed engineer will be required as part of the building permit review. 2. All civil plans shall conform to the current City of Renton survey and drafting standards. Current drafting standards can be found on the City of Renton website. 3. A separate plan submittal will be required for a construction permit for utility work and street improvements. All plans shall be prepared by a licensed Civil Engineer in the State of Washington. 4. Please see the City of Renton Development Engineering website for the Construction Permit Application and Construction Permit Process and Submittal Requirements. Please contact the City to schedule a construction permit intake meeting. 5. All plan review for the City is now paperless. Please see http://rentonwa.gov/paperless/ for more information. DocuSign Envelope ID: 1E036833-BFB3-4F15-8683-2D5C213694EB May Creek Trail Extension – LUA19-000015 Page 2 of 2 February 21, 2019 ERC Mitigation Measures and Advisory Notes Page 5 of 5 TRANSPORTATION/STREET COMMENTS 1. Applicant will need to obtain a civil construction permit for the installation of the May Creek Trail extension. Trail shall follow the requirements as outlined in the agreement between WSDOT and the City of Renton. GENERAL COMMENTS 1. Retaining walls that are 4’ or taller from bottom of footing and stormwater detention vaults will require a separate building permit. Structural calculations and plans prepared by a licensed engineer will be required as part of the building permit review. 2. All civil plans shall conform to the current City of Renton survey and drafting standards. Current drafting standards can be found on the City of Renton website. 3. A separate plan submittal will be required for a construction permit for utility work and street improvements. All plans shall be prepared by a licensed Civil Engineer in the State of Washington. 4. Please see the City of Renton Development Engineering website for the Construction Permit Application and Construction Permit Process and Submittal Requirements. Please contact the City to schedule a construction permit intake meeting. 5. All plan review for the City is now paperless. Please see http://rentonwa.gov/paperless/ for more information.