HomeMy WebLinkAboutD_Shoreline_Substantial_Development_Report_LUA19-000015DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT
EVALUATION FORM & DECISION
DATE OF PERMIT ISSUANCE: June 14, 2019
LAND USE ACTION FILE NO.: LUA19-000015, ECF, SM
DATE RECEIVED: January 31, 2019
DATE OF PUBLIC NOTICE: February 7, 2019
Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial
Development Permit. This action is proposed on the following application:
PROJECT NAME: May Creek Trail Extension Project
PROJECT MANAGER: Clark H. Close, Senior Planner
OWNER/APPLICANT: City of Renton, Attn: Leslie Betlach, 1055 S Grady Way, Renton, WA
98057
CONTACT: Stephanie Modjeski, Otak, Inc. / 2731 Westmore Ave, Unit #300,
Everett, WA 98201
PROJECT LOCATION: Portion of Gov’t Lot 1, Section 32, T 24 N, R 5 E, WM. Project is
located within WSDOT right-of-way for Interstate-405 and includes
two City of Renton owned parcels. Parcel Nos. 3224059109 and
3224059010.
LEGAL DESCRIPTION:
(King County Assessor)
Parcel No: 322405-9109; "LOT 3 RENTON LLA #LUA-17-000470 REC
#20171130900003 SD LLA DAF- LOT 1 RENTON LLA #LUA-05-069-
LLA REC #20051012900009 TGW LOTS A & B RENTON SP# LUA-11-
037 SH PL REC #20110726900006 ALL BEING POR N 1/2 OF NW 1/4
LY ELY OF LK WASHINGTON BLVD & WLY OF HWY SR-405"
Parcel No: 322405-9010; " POR OF GOVT LOT 1 OF NW 1/4 STR 32-
24-05 LY E OF ELY MGN OF STATE HWY - LESS POR LY S OF A LN
BEG 11.00 FT N OF SE COR OF ABOVE DESC TR TH W 559.00 FT M/L
TO A PT 13.00 FT N OF S LN THOF"
SEC-TWN-R: S. 32-T. 24N.-R. 5E. W.M.
WITHIN THE SHORELINES OF: May Creek Reaches B and C
APPLICABLE MASTER PROGRAM: City of Renton
PROPOSAL DESCRIPTION: The City of Renton is requesting a Shoreline Substantial
Development Permit to expand the existing May Creek Trail. The project proposes to construct a trail extension
from the existing 0.27 mile long trail May Creek Trail (LUA12-037), 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
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 2 of 26
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 (LUA17-000808).
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 three
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 May Creek Ordinary High Water Mark (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 approximately 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 (Exhibit 11). The project would also restore and
enhance the native riparian vegetation community between May Creek and the proposed new trail (Exhibit 9).
Two non-native black locust trees are proposed to be removed adjacent to Jones Ave NE (Exhibit 8).
The proposed six-foot wide May Creek trail extension would include one (1) new viewing area on the east side
of I-405 that would provide a second overlook to May Creek from the May Creek Trail. 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 Residential-6 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 six-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.
FINDINGS OF FACT:
1. The Planning Division of the City of Renton accepted the above master application for review on January 31,
2019 and determined the application complete on February 7, 2019. The project was placed on hold on
February 26, 2019 (Exhibit 22) and subsequently taken off hold on April 17, 2019 (Exhibit 25). The project
complies with the 120-day review period.
2. The applicant is requesting a Shoreline Substantial Development Permit to extend the existing May Creek
Trail. Specifically, the proposed project would 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.
3. The proposed trail extension 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.
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 3 of 26
4. The subject site includes a portion of May Creek. 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. 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 Shoreline Master Program (SMP)
regulations. 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.
5. 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 enhancing 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.
6. 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. No wetlands
or terrestrial habitat conservation areas were identified by Otak within the project area.
7. The May Creek Trail Extension Project has been designed to a thirty percent (30%) level. The project would
include the following improvements: one (1) new viewing area that would provide a second overlook to May
Creek on the east side of I-405; three (3) split cedar log benches; a new interpretive sign; a trail park sign; a
low 3-foot tall cedar split-rail fence; and one (1) litter receptacle along the path.
8. The project would include roughly 20 cubic yards of excavation and roughly 270 cubic yards of fill for trail
installation.
9. The majority of potential adverse effects associated with the construction and operation of the project would
be avoided or minimized through the use of Best Management Practices (BMPs). The project intends to
mitigate for impacts to the shoreline environment by minimizing adverse impacts, restoring the affected
environment, and compensating by environmental enhancement. 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.
10. 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 six-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.
11. 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 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. A Technical Memorandum of the project stormwater management was submitted
with the application (Exhibit 12).
12. A Wetland and Stream Assessment Report was submitted with the application (Exhibit 14). 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. No wetlands or terrestrial habitat conservation areas were identified by Otak
within the project area. A separate Biological Assessment (BA) was prepared by WSDOT for the I-405, Renton
to Bellevue Project (Stage 1). Generally, this was within 300 feet of the existing I-405 alignment. The BA
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 4 of 26
addresses ESA-listed species within the corridor. Many streams in the corridor can support resident fish, and
ESA-listed salmonids can occur in May Creek.
13. Staff received public comments from three (3) individuals (Exhibits 18) and responded on either February 26,
2019 or March 26, 2019 (Exhibits 19). To further address public comments, the report for a shoreline
management permit contains additional analysis and findings.
14. Comments were received from The Muckleshoot Indian Tribe Fisheries Division (“Muckleshoot Indian Tribe”)
on February 21, 2019 (Exhibit 20); response comments were provided to the Muckleshoot Indian Tribe on
March 6, 2018 (Exhibit 23).
15. Comments were received from the Department of Ecology on February 21, 2019 (Exhibit 21). DOE indicated
that the project would be required to complete a floodplain development permit with either the building or
grading permit and the project would also require a habitat assessment showing compliance with the Puget
Sound Biological Opinion for the National Flood Insurance Program.
16. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on
April 22, 2019 the Environmental Review Committee issued a Determination of Non-Significance - Mitigated
(DNS-M) for the May Creek Trail Extension Project. The DNS-M included three (3) mitigation measures. A 14-
day appeal period commenced on April 26, 2019 and ended on May 10, 2019. No appeals of the threshold
determination were filed.
17. Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC)
issued the following mitigation measures with the Determination of Non-Significance – Mitigated:
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.
18. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file, and
the essence of the comments have been incorporated into the appropriate sections of this report and are
attached to this report (Exhibit 26).
19. Comprehensive Plan Compliance: The site is designated Residential Low Density (RLD) and Residential
Medium Density (RMD). The proposal is compliant with the following Comprehensive Plan Policies and Goals
if all conditions of approval are met:
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 5 of 26
Compliance Comprehensive Plan Analysis
A. LAND USE ELEMENT:
Under the Growth Management Act (RCW 36.70a) Renton has an obligation to meet the demands of
local and regional growth. Managing growth is not an endeavor that Renton takes on alone. The Puget
Sound Regional Council’s VISION 2040 establishes goals and policies that tie the region together and
support people, prosperity, and the environment. Through the Countywide Planning Policies, King
County jurisdictions further define their roles in accommodating growth using sustainable and
environmentally responsible development practices.
Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive
areas including: lakes, rivers, major and minor creeks, intermittent stream courses and
their floodplains, wetlands, ground water resources, wildlife habitats, and areas of
seismic and geological hazards.
Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by requiring
appropriate construction techniques and resource practices, such as low impact
development.
Policy L-29: Protect the integrity of natural drainage systems and existing land forms,
and maintain wildlife habitat values by preserving and enhancing existing vegetation and
tree canopy coverage to the maximum extent possible and by restoring hydrological
flows and improving the condition of shorelines.
Policy L-34: Ensure buildings, roads, and other features are located on less sensitive
portions of a site when sensitive areas are present.
Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine
hazards should be designed to prevent property damage and environmental
degradation before, during, and after construction.
Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural
slopes, and scenic areas that contribute to the City’s identity, preserve property values,
and visually define the community and neighborhoods.
B. TRANSPORTATION ELEMENT:
Goal T-A: Continue to develop a transportation system that stimulates, supports, and
enhances the safe, efficient and reliable movement of people, vehicles, and goods.
Policy T-27: Promote non-motorized travel not only as a viable means of transportation
but as an important method for maintaining overall health and fitness.
Policy T-42: Continue to implement the following design guidelines in Renton’s Regional
Growth Center:
Link neighborhoods and connect streets, sidewalks, and trails.
Complete missing links and connections in the pedestrian and bicycle systems.
Integrate activity areas with surrounding neighborhoods.
Policy T-74: Develop and maintain relationships between Renton and other agencies
and local jurisdictions for cooperative planning of common transportation
improvements.
C. PARKS, RECREATION, NATURAL AREAS, AND TRAILS ELEMENT:
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
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Goal P-A: Parks, Recreation, and Natural Resource Areas provide the opportunity for the
community to connect to, participate in, support and encourage a healthy environment
and active lifestyle.
Goal P-B: Support a city where residents and visitors can recreate and exercise,
contributing to a healthy lifestyle and where using an integrated trails/road network
becomes a realistic transportation alternative.
Policy P-2: Create a connected system of parks corridors, trails, and natural areas that
provide nearby and accessible opportunities for recreation and non-motorized
transportation.
Policy P-7: Protect, conserve, and enhance the area’s diverse natural resources for the
long-term health of ecosystems, and for the benefit and enjoyment of future
generations.
20. Zoning Development Standard Compliance: The project site of the proposed trail extension is zoned
Residential-6 (west of I-405) and Resource Conservation (east of I-405). The nearby zoning, is zoned
Commercial Office Residential (COR) and Residential-6 (R-6) on the west side of I-405 and Resource
Conservation (RC), Commercial Arterial (CA) and Residential-8 (R-8) on the east side of I-405. The proposed
project would not be subject to zoning development standards.
21. The following table contains project elements intended to comply with the Shoreline Master Program (SMP)
bulk and dimensional standards and policies, as outlined in RMC 4-3-090:
SHORELINE MASTER PROGRAM CRITERA:
A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT:
The project are located in the Urban Conservancy Overlay District. The objective of the Urban
Conservancy environment is to protect, conserve, restore, and manage existing areas with ecological
functions of open space, floodplain, and other sensitive lands where they exist in urban and developed
settings, while allowing compatible uses.
The proposal is compliant with the following Shoreline policies:
Policy SH-1: Reasonable and appropriate shoreline uses and activities should be planned
for:
1) Short-term economic gain or convenience in development should be evaluated in
relationship to potential long-term effects on the shoreline.
2) Preference should be given to those uses or activities which enhance the natural
functions of shorelines, including reserving appropriate areas for protecting and
restoring ecological functions to control pollution and prevent damage to the natural
environment and public health.
3) Provide for the following priority in shoreline use and modification of the shoreline:
a) Water-dependent and associated water-related uses are the highest priority for
shorelines unless protection of the existing natural resource values of such areas
precludes such uses.
b) Water-related and water-enjoyment uses that are compatible with ecological
protection and restoration objectives, provided that adequate area is reserved for
future water-dependent and water-related uses.
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 7 of 26
c) Multiple use developments may be allowed if they include and support water-
oriented uses and contribute to the objectives of the act including ecological
protection and restoration and/or public access.
d) Limit non-water-oriented uses to those locations where access to the water is not
provided or where the non-water-oriented uses contribute to the objectives of the
Act, including ecological protection and restoration and/or public access.
e) Preserve navigational qualities, and the infrastructure that supports navigation, to
support water-oriented use.
Objective SH-D: The resources and amenities of all shorelines and the ecological
processes and functions they provide, such as wetlands, upland and aquatic vegetation,
fish and wildlife species and habitats, as well as, scenic vistas and aesthetics should be
protected and preserved for use and enjoyment by present and future generations.
Natural shorelines are dynamic with interdependent geologic and biological
relationships. Alteration of this dynamic system has substantial adverse impacts on
geologic and hydraulic mechanisms important to the function of the water body and can
disrupt elements of the food chain.
Policy SH-5: Native shoreline vegetation should be conserved to maintain shoreline
ecological functions and mitigate the direct, indirect, and/or cumulative impacts of
shoreline development, wherever feasible. Important functions of shoreline vegetation
include, but are not limited to:
Providing shade necessary to maintain water temperatures required by
salmonids, forage fish, and other aquatic biota.
Regulating microclimate in riparian and nearshore areas.
Providing organic inputs necessary for aquatic life, including providing food in the
form of various insects and other benthic macro invertebrates.
Stabilizing banks, minimizing erosion and sedimentation, and reducing the
occurrence/severity of landslides.
Reducing fine sediment input into the aquatic environment by minimizing
erosion, aiding infiltration, and retaining runoff.
Improving water quality through filtration and vegetative uptake of nutrients and
pollutants.
Providing habitat for wildlife, including connectivity for travel and migration corridors.
Policy SH-6: Existing natural resources should be conserved through regulatory and non-
regulatory means that may include regulation of development within the shoreline
jurisdiction, ecologically sound design, and restoration programs, including:
1) Water quality and water flow should be maintained at a level to permit recreational
use, to provide a suitable habitat for desirable forms of aquatic life, and to satisfy other
required human needs.
2) Aquatic habitats and spawning grounds should be protected, improved and, when
feasible, increased to the fullest extent possible to ensure the likelihood of salmon
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 8 of 26
recovery for listed salmon stocks and to increase the populations of non-listed salmon
stocks.
3) Wildlife habitats should be protected, improved and, if feasible, increased.
4) Unique natural areas should be designated and maintained as open space for passive
forms of recreation and provide opportunities for education and interpretation. Access
and use should be restricted, if necessary, for the conservation of these areas.
Policy SH-7: Existing and future activities on all Shorelines of the State regulated by the
City of Renton should be designed to ensure no net loss of ecological functions.
Policy SH-11: Critical areas in the shoreline should be managed to achieve the planning
objectives of the protection of existing ecological functions and ecosystem-wide
processes and restoration of degraded ecological functions and ecosystem-wide
processes. The regulatory provisions for critical areas should protect existing ecological
functions and ecosystem-wide processes. In protecting and restoring critical areas within
the shoreline, the City should integrate the full spectrum of planning and regulatory
measures, including the Comprehensive Plan, interlocal watershed plans, local
development regulations, as well as, state, tribal, and federal programs.
Policy SH-12: The City shall implement the Restoration Plan provided as an adjunct to
The Shoreline Master Program in coordination with other watershed management
agencies and groups, and shall manage public lands and may acquire key properties and
provide for off-site mitigation on City or other public or private sites.
Policy SH-F. Increase public accessibility to shorelines and preserve and improve the
natural amenities.
Policy SH-20: Public access should be provided consistent with the existing character of
the shoreline and consideration of opportunities and constraints for physical and visual
access, as well as, consideration of ecological functions, as provided in Policy SH-31 Table
of Public Access Objectives by Reach, and in conjunction with the following policies.
Policy SH-21: Public access to and along the water's edge should be available throughout
publicly owned shoreline areas although direct physical access to the water’s edge may
be restricted to protect shoreline ecological values. Public access shall be provided over
all public aquatic lands leased for private activity, consistent with compatibility with
water-dependent uses.
Policy SH-24. Public access to and along the water's edge should be located, designed,
and maintained in a manner that protects the natural environment and shoreline
ecological functions and is consistent with public safety, as well as, compatible with
water-dependent uses. Preservation or improvement of the natural processes shall be a
basic consideration in the design of shoreline areas to which public access is provided,
including trail systems.
Policy SH-26. Both passive and active public areas should be designed and provided.
Policy SH-28: In planning for public access, emphasis should be placed on foot and bicycle
paths consistent with the Renton Bicycle and Trails Master Plan, rather than roads,
except in areas where public boat launching would be desirable.
Policy SH-31: Table of Public Access Objectives by Reach is included in the
Comprehensive Plan technical appendix. It outlines the policy objectives for maintaining
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 9 of 26
and improving public access within the shoreline. Application of public access objectives
should be considered along with other objectives of the Shoreline Management Act, such
as ecological restoration and priority uses.
Objective SH-G: Water-oriented recreational activities available to the public should be
encouraged to the extent that the use facilitates the public’s ability to reach, touch, and
enjoy the water's edge, to travel on the waters of the state, and to view the water and
the shoreline.
Policy SH-32: Water-oriented recreational activities should be encouraged.
1) Accessibility to the water's edge should be improved in existing parks and new
development, substantial alteration of existing non-single family development, and
intensification of existing uses where consistent with maintaining ecological functions.
4) Both passive and active recreational areas should be provided.
Policy SH-35: Public land, including City parks and public aquatic lands, should be
managed to provide a balance of public recreation, public access to the water, as well as,
protection and enhancement of ecological functions.
Policy SH-37: Provision of recreation facilities and use shall be consistent with growth
projections and level-of-service standards established by the comprehensive plan.
Policy SH-43: Trails should be developed to enhance public enjoyment of and access to
the shoreline:
1) Trails within the shoreline should be developed as an element of non-motorized
circulation, the City’s Parks, Recreation and Natural Areas Plan, Trails and Bicycle Master
Plan, and the Shoreline Public Access program. Trails provide the potential for low impact
public physical and visual access to the shoreline.
2) Trails should be developed as an element of a system that links together shoreline
public access into an interconnected network including active and passive parks, schools,
public and private open space, native vegetation easements with public access, utility
rights of way, waterways, and other opportunities.
3) Public access to and along the water's edge should be linked with upland community
facilities and the comprehensive trail system that provides non-motorized access
throughout the City.
4) A system of trails on separate rights of way and public streets should be designed and
implemented to provide linkages along shorelines including the Lake Washington Loop,
the Cedar River, the Black River, Springbrook Creek, and the Green River.
Objective SH-J. Provide for the timely restoration enhancement of shorelines with
impaired ecological functions. Such restoration should occur through a combination of
public and private programs and actions. This Master Program includes a restoration
element that identifies restoration opportunities and facilitates appropriate publicly and
privately initiated restoration projects. The goal of this effort is to improve shoreline
ecological functions.
B. GENERAL DEVELOPMENT STANDARDS:
The subject site is classified as Shoreline High Intensity and Urban Conservancy on the City of Renton
Shoreline Overlay Map. The following development standards are applicable to the proposal:
1. Environmental Effects:
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
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a. No Net Loss of Ecological Functions:
Shoreline use and development shall be carried out in a manner that prevents or
mitigates adverse impacts to ensure no net loss of ecological functions and processes in
all development and use. Permitted uses are designed and conducted to minimize, in so
far as practical, any resultant damage to the ecology and environment of the shoreline
area and any interference with the public's use of the water (RCW 90.58.020). Shoreline
ecological functions that shall be protected include, but are not limited to, fish and
wildlife habitat, food chain support, and water temperature maintenance. Shoreline
processes that shall be protected include, but are not limited to, water flow; erosion and
accretion; infiltration; groundwater recharge and discharge; sediment delivery,
transport, and storage; large woody debris recruitment; organic matter input; nutrient
and pathogen removal; and stream channel formation/maintenance.
Staff Comment: The applicant is proposing only minor amounts of excavation
(approximately 20 cubic yards) and fill (roughly 270 cubic yards) to provide a soft surface
trail within the shoreline jurisdiction. No work would be done within May Creek and no
structures would be placed within the floodplain that would be expected to increase flood
levels. 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 disturbances would be minimized to the maximum extent possible and
any cleared areas would be replanted with native vegetation and/or seed mix.
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. The applicant contends that 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
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 11 of 26
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.
For shoreline compliance in achieving no net loss of functions, the enhancement of
approximately 1/3 acres of existing buffer is proposed to offset the conversion of 3,660
square feet of low-functioning buffer to trail, in order to achieve an overall functional lift
in the shoreline regulated area. A dense thicket of Himalayan blackberry extends from
May Creek north to Wetland 7.2R with patches of Japanese knotweed and reed
canarygrass in the understory near May Creek. Proposed buffer enhancement actions
include removing the invasive plants, supplemental planting in the existing understory to
increase native plant diversity, and restoring native forest habitat up to the boundary of
Wetland 7.2R.
According to the applicant, shoreline and critical area impacts were avoided and
minimized by the project to the greatest extent feasible; however, the Design Builder may
identify further minimization measures through final design and construction of the
project. The preliminary design utilizes several avoidance and minimization opportunities
to avoid trees and meander the trail to reduce the overall project impacts to the shoreline
environment.
b. Burden on Applicant:
Applicants for permits have the burden of proving that the proposed development is
consistent with the criteria set forth in the Shoreline Master Program and the Shoreline
Management Act, including demonstrating all reasonable efforts have been taken to
provide sufficient mitigation such that the activity does not result in net loss of ecological
functions.
2. Use Compatibility and Aesthetic Effects:
Shoreline use and development activities shall be designed and operated to allow the public’s visual
access to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived
from natural features, such as shoreforms and vegetative cover.
a. View Obstruction and Visual Quality:
View Corridors Required: Where commercial, industrial, multiple use, multi-family
and/or multi-lot developments are proposed, primary structures shall provide for view
corridors between buildings where views of the shoreline are available from public right-
of-way or trails.
Staff Comment: The proposal does not involve any structures above grade except for
benches, split rail fencing, interpretive signs and trash cans. No adverse view or aesthetic
impacts are anticipated.
N/A
Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet
above average finished grade level except at specific locations.
Staff Comment: The Project does not include construction of buildings.
N/A
Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses:
All new or expanded commercial development adjacent to residential use and public
parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate
proximity impacts such as noise, light and glare, and may address scale and aesthetic
impacts. Fencing or landscape areas may be required to provide a visual screen.
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 12 of 26
N/A
Lighting Requirements: Display and other exterior lighting shall be designed and
operated so as to prevent glare, to avoid illuminating nearby properties used for
noncommercial purposes, and to prevent hazards for public traffic. Methods of
controlling spillover light include, but are not limited to, limits on the height of light
structure, limits on light levels of fixtures, light shields, and screening.
Staff Comment: The Project does not include lighting.
N/A Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ
materials that limit reflected light.
N/A
Integration and Screening of Mechanical Equipment: Building mechanical equipment
shall be incorporated into building architectural features, such as pitched roofs, to the
maximum extent feasible. Where mechanical equipment cannot be incorporated into
architectural features, a visual screen shall be provided consistent with building exterior
materials that obstructs views of such equipment.
Visual Prominence of Freestanding Structures to Be Minimized: Facilities not
incorporated into buildings including fences, piers, poles, wires, lights, and other
freestanding structures shall be designed to minimize visual prominence.
Staff Comment: Project improvements have been designed to minimize visual prominence
along the shoreline while enhancing recreation opportunities for the public. The project
includes expanding the existing May Creek Trail and associated trail improvements, such
as trail benches and trail signage. There would be no in-water structures constructed as
part of the May Creek Trail Extension Project.
Maximum Stair and Walkway Width: Stairs and walkways located within shoreline
vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA
requirements apply, such facilities may be increased to six feet (6') in width. Stairways
shall conform to the existing topography to the extent feasible.
Staff Comment: 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. The trail section within WSDOT right-of-
way, beneath the I-405 overpass, was permitted separately under the Shoreline
Substantial Development Permit for I-405, Renton to Bellevue Project, Stage 1 (LUA17-
000808).
b. Community Disturbances:
Noise, odors, night lighting, water and land traffic, and other structures and activities
shall be considered in the design plans and their impacts avoided or mitigated.
Staff Comment: Noise and vibration impacts would primarily result from construction
work. 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.
Construction associated with 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. Construction hours are expected to be
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 13 of 26
between 7:00 am and 5:00 pm on weekdays. Night time or weekend working hours are
not anticipated for the trail construction.
3. Public Access:
Physical or visual access to shorelines shall be incorporated in all new development when the
development would either generate a demand for one or more forms of such access, would impair
existing legal access opportunities or rights, or is required to meet the specific policies and regulations
of the Shoreline Master Program.
a. Design Criteria for Public Access Sites:
Walkways or Trails Required in Vegetated Open Space: Public access on sites where
vegetated open space is provided along the shoreline 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 shall be constructed of permeable
materials and limited to four feet (4') to six feet (6') in width to reduce impacts to
ecologically sensitive resources.
Staff Comment: The Project is proposing to increase public access and recreation
opportunities along the shoreline of May Creek by constructing a six foot (6’) wide
pedestrian trail expansion of the existing May Creek Trail. The trail expansion design is a
meandering walkway that generally runs parallel to the shoreline. Approximately 144
feet west of the trailhead located on Jones Ave NE, the design includes a short 75-foot
long segment that runs perpendicular to the main trail and leads down to the water’s
edge and a seating bench. The proposed trail alignment would be located outside of the
OHWM, more specifically, the OHWM of May Creek is approximately 19 to 88 feet south
of the proposed new trail alignment (Exhibit 4). A 450 linear foot cedar split rail fence is
proposed along the mitigation boundary to control damage to existing and mitigation
plants and other sensitive ecological features between the shoreline and the proposed
new trail (Exhibit 9).
b. Public Access Development Standards:
i. Relation to Other Facilities:
(a) Preferred Location: Public access shall be located adjacent to other public areas,
accesses, and connecting trails, connected to the nearest public street, and include
provisions for handicapped and physically impaired persons, where feasible.
(b) Parking Requirements: Where public access is within four hundred feet (400') of a
public street, on-street public parking shall be provided, where feasible. For private
developments required to provide more than twenty (20) parking spaces, public parking
may be required in addition to the required parking for the development at a ratio of one
space per one thousand (1,000) square feet of public access area up to three (3) spaces
and at one space per five thousand (5,000) square feet of public access area for more
than three (3) spaces. Parking for public access shall include the parking spaces nearest
to the public access area and may include handicapped parking if the public access area
is handicapped accessible.
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 14 of 26
(c) Planned Trails to Be Provided: Where public trails are indicated on the City’s
transportation, park, or other plans, construction of trails shall be provided within
shoreline and non-shoreline areas of a site.
ii. Design:
(a) General: Design of public access shall provide the general public with opportunity to
reach, touch, and enjoy the water’s edge and to view the water and the shoreline from
adjacent locations and shall be as close horizontally and vertically to the shoreline’s edge
as feasible; provided, that public access does not adversely affect sensitive ecological
features or lead to an unmitigated reduction in ecological functions.
(b) Privacy: Design shall minimize intrusions on privacy of adjacent use by avoiding
locations adjacent to residential windows and/or outdoor private residential open spaces
or by screening or other separation techniques.
iii. Use and Maintenance:
(a) Public Access Required for Occupancy: Required public access sites shall be fully
developed and available for public use at the time of occupancy of the use or activity or
in accordance with other provisions for guaranteeing installation through a monetary
performance assurance.
(b) Maintenance of Public Access Required: Public access facilities shall be maintained
over the life of the use or development. Future actions by successors in interest or other
parties shall not diminish the usefulness or value of required public access areas and
associated improvements.
(c) Public Access Must Be Legally Recorded: Public access provisions on private land shall
run with the land and be recorded via a legal instrument such as an easement, or as a
dedication on the face of a plat or short plat. Such legal instruments shall be recorded
prior to the time of building occupancy or plat recordation, whichever comes first.
(d) Maintenance Responsibility: Maintenance of the public access facility shall be the
responsibility of the owner unless otherwise accepted by a public or nonprofit agency
through a formal recorded agreement.
(e) Hours of Access: Public access facilities shall be available to the public twenty four (24)
hours per day unless an alternate arrangement is granted though the initial shoreline
permitting process for the project. Changes in access hours proposed after initial permit
approval shall be processed as a shoreline conditional use.
(f) Signage Required: The standard State-approved logo or other approved signs that
indicate the public’s right of access and hours of access shall be installed and maintained
by the owner. Such signs shall be posted in conspicuous locations at public access sites
and at the nearest connection to an off-site public right-of-way.
Staff Comment: The proposal is adjacent to other public areas and would connect to what
would eventually be a regional trail. The parking requirements would be incorporated
into the redevelopment project at the Former Pan Abode Site. It is recognized that the
trail system should be considered as a whole in assessing whether adequate on-street
parking is required. As previously discussed, the trail implements some of the objectives
of the City’s Trails and Bicycle Master Plan. The Project proposes to construct a trail
segment from the existing May Creek Trail to Jones Ave NE. Upon completion, the trail
would include a six-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. As previously noted the May Creek Trail both accesses the water’s edge and
provides for shoreline views. There proposed trail would not be in close proximity to any
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City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 15 of 26
residential windows or private open spaces to the extent that the trail users would disturb
privacy. The proposed May Creek Trail Extension would be maintained and operated by
the City’s Parks and Recreation Department and would be available to the public year-
round. Trail hours would be restected to the City’s park access hours which are currenlty
dawn to dusk. Trail signage would be provided onsite.
c. Public Access Requirements by Reach:
May Creek Reach (CR-B): Public access should generally be provided within the
corridor of public lands adjacent to the river; however, adjacent private parcels not
separated by public streets should provide active open space and other facilities to
provide gathering places to enjoy the shoreline environment, together with water-
oriented uses. Revisions to the existing trail to relocate further from the water’s edge
to allow revegetation should be considered in the future as part of public park and
river maintenance plans.
May Creek Reach (CR-C): Public/community access along the waterfront should be
provided as private lands on the north side of the river redevelop, considered along
with the goal of restoration of ecological functions. Public or community access shall be
provided when residential development occurs consistent with standards of the
Shoreline Master Program.
4. Building and Development Location – Shoreline Orientation:
Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment
portions of their developments along the shoreline. Development and use shall be designed in a manner
that directs land alteration to the least sensitive portions of the site to maximize vegetation
conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland
habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and
preserve aesthetic values.
a. Design and Performance Standards:
Location of Development: Development and use shall be designed in a manner that
directs land alteration to the least sensitive portions of the site.
Staff Comment: The trail, which qualifies as water-enjoyment use, is located close to the
shoreline while avoiding the most sensitive portions of the site by avoiding almost all
significant trees and staying out of the wetland.
Stream/Lake Study Required: An assessment of the existing ecological functions
provided by topographic, physical, and vegetation characteristics of the site shall
accompany development proposals; provided, that an individual single family residence
on a parcel less than twenty thousand (20,000) square feet shall not be subject to this
requirement. Such assessments shall include the following general information:
(a) Impacts of the proposed use/development on ecological functions with clear
designation of existing and proposed routes for water flow, wildlife movement, and
other features.
(b) Infrastructure requirements such as parking, services, lighting and other features,
together with the effects of those infrastructure improvements on shoreline ecological
functions.
Staff Comment: The applicant provided a 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 14) with the application. This Report and the
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City of Renton Department of Community & Economic Development Shoreline Management Permit
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SEPA Environmental Report and other Shoreline Reports provide an assessment of the
existing ecological functions provided by topographic, physical, and vegetation
characteristics of the site.
The applicant is proposing improvement, such as benches, interpretive signage, trail park
signage, a cedar split-rail fence, and a litter receptacle along the trail extension path. 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.
Minimization of Site Alteration: Development shall minimize site alteration in sites with
substantial unaltered natural features by applying the following criteria:
(a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading,
and alteration of topography and natural features.
(b) Impervious surfacing for parking lot/space areas shall be limited through the use of
under-building parking or permeable surfaces where feasible.
(c) Utilities shall share roadway and driveway corridors and rights-of-way wherever
feasible.
(d) Development shall be located and designed to avoid the need for structural shoreline
stabilization over the life of the development. Exceptions may be made for the limited
instances where stabilization is necessary to protect allowed uses, particularly water-
dependent uses, where no alternative locations are available and no net loss of ecological
functions will result.
Staff Comment: Impervious surfaces are minimized by the use of porous trail materials.
The proposal is designed to 30% plans and mitigated to prevent any adverse impacts to
riparian, near shore and wetland habitat. No shoreline stabilization is necessitated by the
proposal.
Location for Accessory Development: Accessory development or use that does not
require a shoreline location shall be located outside of shoreline jurisdiction unless such
development is required to serve approved water-oriented uses and/or developments
or unless otherwise allowed in a High Intensity designation. When sited within shoreline
jurisdiction, uses and/or developments such as parking, service buildings or areas, access
roads, utilities, signs and storage of materials shall be located inland away from the
land/water interface and landward of water-oriented developments and/or other
approved uses unless a location closer to the water is reasonably necessary.
Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses
of reasonable access to navigable waters. Existing water-related recreation shall be
preserved.
Staff Comment: The project would not deprive other uses of reasonable access to
navigable waters and existing water-related recreation would be preserved.
5. Archaeological, Historical, and Cultural Resources:
Compliant if
condition of
approval is
met
Detailed Cultural Assessments May Be Required: The City will work with tribal, State,
Federal, and other local governments as appropriate to identify significant local
historical, cultural, and archaeological sites in observance of applicable State and Federal
laws protecting such information from general public disclosure. Detailed cultural
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City of Renton Department of Community & Economic Development Shoreline Management Permit
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DATE OF PERMIT: June 14, 2019 Page 17 of 26
assessments may be required in areas with undocumented resources based on the
probability of the presence of cultural resources.
Staff Comment: The project proposal and notice of application were provided to
reviewing agencies including, but not limited to, the State Department of Archaeology &
Historic Preservation (DAHP), the Muckleshoot Indian Tribe, and the Department of
Ecology. Agency comments were received from the Muckleshoot Indian Tribe, DOE and
DAHP (Exhibits 20, 21 and 24) . No other agency comments were received as part of the
notice of application.
The Project site is in a probability zone for archaeological artifacts given its proximity to
Lake Washington and ethnographic associations. To the greatest extent possible, the trail
extension has been carefully considered to be located and designed to avoid significant
natural, historical, archaeological, or cultural sites. If archaeological deposits of
unevaluated significance are encountered during construction activities, ground
disturbance should be halted and activities directed away from the area. In order to
protect archaeological resources, an environmental (SEPA) mitigation measure included
that 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. These measures adequately protect archaeological resources.
Coordination Encouraged: Owners of property containing identified or probable
historical, cultural, or archaeological sites are encouraged to coordinate well in advance
of application for development to assure that appropriate agencies such as the
Washington State Department of Archaeology and Historic Preservation, affected tribes,
and historic preservation groups have ample time to assess the site and identify the
potential for cultural resources.
Staff Comment: See comment above.
Detailed Cultural Assessments Required: Upon receipt of application for a development
in an area of known or probable cultural resources, the City shall require a site
assessment by a qualified professional archaeologist or historic preservation professional
and ensure review by qualified parties including the Washington State Department of
Archaeology and Historic Preservation, affected tribes, and historic preservation groups.
Staff Comment: The Project site is largely undeveloped and there is no evidence to suggest
that the proposal would have any adverse impact on historical or cultural resource. See
comment above.
Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts
are discovered in the process of development, work on that portion of the site shall be
stopped immediately, the site secured, and the find reported as soon as possible to the
Administrator of the Department of Community and Economic Development or
designee. Upon notification of such find, the property owner shall notify the Washington
State Department of Archaeology and Historic Preservation and affected tribes. The
Administrator of the Department of Community and Economic Development or designee
shall provide for a site investigation by a qualified professional and may provide for
avoidance, or conservation of the resources, in coordination with appropriate agencies.
Staff Comment: See comment above.
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City of Renton Department of Community & Economic Development Shoreline Management Permit
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Access for Educational Purposes Encouraged: Land owners are encouraged to provide
access to qualified professionals and the general public if appropriate for the purpose of
public education related to a cultural resource identified on a property.
Staff Comment: See comment above.
6. Standards for Density, Setbacks, and Height – Activities Exempt from Buffers and Setbacks:
The following development activities are not subject to buffers and setbacks; provided, that they are
constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological
functions; and provided further, that they comply with all the applicable regulations in RMC Title IV.
N/A
Water-Dependent Development: Those portions of approved water-dependent
development that require a location waterward of the OHWM of streams, rivers, lakes,
ponds, marine shorelines, associated wetlands, and/or within their associated buffers.
Vegetation Conservation Buffer: Water bodies defined as shorelines shall have a
minimum one hundred-foot (100') vegetation management buffer measured from the
OHWM of the regulated shoreline of the State. Areas approved for water-dependent use
or public access may be excluded from vegetated buffer if the approval is granted
through review of a Substantial Development Permit; provided, that the area excluded
is the minimum needed to provide for the water-dependent use or public access.
Staff Comment: Per 4-3-090.F.1 (Shoreline Conservation), a vegetation conservation
buffer of 100-feet is required for development projects within a designated shoreline. The
Project site is located within Reach B and Reach C of May Creek which requires the full
standard 100-foot buffer as measured from the OHWM of May Creek. 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.
Public hiking trails over land in the buffer are permitted if they do not degrade the
ecological functions or natural characteristics of the shoreline area (RMC 4-3-090.D.2.a)
for no net loss of ecological function in a shoreline environment. Additionally, RMC 4-3-
090.D.4.f specifically calls out the proposed Project to provide public access through a
trail parallel to May Creek Shoreline Reach B. The proposed activity includes clearing of
invasive species that encumber the site. The current functions of the stream buffer are
impeded by dense invasive cover. Clearing within the buffer would allow native species
to establish and promote natural succession of the forested area, resulting in the overall
improvement of ecological functions of the site. The applicant has indicated that the
monitoring period for the replanting work would be for five (5) years. The final mitigation
plans would be submitted for review and approval to the Current Planning Project
Manager prior to civil construction permit.
Direct impacts to May Creek have been avoided under the proposed Project design.
Impacts to 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 100-foot vegetation management buffer. Approximately 3,660 square
feet (0.1 acres) of vegetated stream buffer would be converted for the trail extension.
Buffer impacts have been minimized by proposing a six-foot wide trail using existing
elevations and for pedestrian use only. Tree removal has been minimized to install the
trail extension, and is limited to two non-native black locusts adjacent to Jones Ave NE.
The conversion of sub-canopy shrub habitat to native species would occur in stands of
non-native, invasive plants. The vegetation management component of this Project
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includes eliminating and reducing total cover by invasive species in all forested and non-
forested areas within on-site buffers and re-establishing a native forest plant community.
N/A
Aquatic Building Height – Maximum:
In water – 35 ft.
Additional height may be allowed if essential to the function of a water-dependent use.
N/A
High Intensity Building Height – Maximum:
In water – 35 ft.
Within 100 feet of OHWM – 35 ft.
More than 100 feet from the OHWM – 35 ft.
Additional height may be allowed if essential to the function of a water-dependent use.
Height up to that established in chapter 4-2 RMC, Zoning Districts – Uses and Standards,
may be allowed for non-water-dependent uses in the following reaches: Lake
Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A;
May Creek Reach B; and Springbrook Creek Reaches B, C, and D:
For buildings landward of one hundred feet (100') from OHWM, the maximum building
height shall be defined by a maximum allowable building height envelope that shall:
i. Begin along a line laying parallel to and one hundred feet (100') from OHWM at a height
of either thirty-five feet (35') or one half (1/2) the maximum height allowed in the
underlying zone, whichever is greater; and
ii. Have an upward, landward transition at a slope of one vertical to one horizontal from
the beginning height either (a) until the line at which the maximum height allowed in the
underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope
shall extend landward at the maximum height allowed in the underlying zoning), or (b)
to the end of shoreline jurisdiction, whichever comes first.
N/A Impervious area within the Buffer/Setback: 5%
Impervious area within 100 feet of the OHWM: 75%
Staff Comment: See comments above under “Vegetation Conservation Buffer” in Section
B.6.
7. Use Regulations:
a. Public Hiking and Bicycle Trails, Over Land:
A public trail is permitted outright, provided that the use does not degrade the ecological
functions or natural character of the shoreline area.
Staff Comment: The proposed trail extension to the May Creek Trail were designed to
retain public trail access and create additional recreational opportunities. The proposed
public trail extension would not degrade the ecological functions or natural character of
the shoreline area.
8. Recreation:
a. Recreation activities are allowed when:
i. There is no net loss of ecological functions, including on- and offsite mitigation.
ii. Water-related and water-enjoyment uses do not displace water-dependent uses and
are consistent with existing water-related and water-enjoyment uses.
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 20 of 26
iii. The level of human activity involved in passive or active recreation shall be
appropriate to the ecological features and shoreline environment.
iv. State-owned shorelines shall be recognized as particularly adapted to providing
wilderness beaches, ecological study areas, and other recreational uses for the public in
accordance with RCW 90.58.100(4).
Staff Comment: See comments above under “No Net Loss of Ecological Functions,”
Section B.1.a.
b. Location Relative to the Shoreline: Activities provided by recreational facilities must bear
a substantial relationship to the shoreline, or provide physical or visual access to the
shoreline.
ii. Water-related recreation such as picnicking, hiking, and walking should be located near
the shoreline.
Staff Comment: The majority of the existing May Creek Trail is located parallel to the
shoreline and the proposed May Creek Trail Expansion Cedar River Trail would be located
parallel to the shoreline.
c. Public Recreation: Public recreation uses shall be permitted within the shoreline only
when the following criteria are considered:
i. The natural character of the shoreline is preserved and the resources and ecology of
the shoreline are protected.
ii. Accessibility to the water’s edge is provided consistent with public safety needs and in
consideration of natural features.
iii. Recreational development shall be of such variety as to satisfy the diversity of
demands of the local community.
iv. Water-related and water-enjoyment uses do not displace water-dependent uses and
uses are consistent with existing water-related and water-enjoyment uses.
v. Recreational development is located and designed to minimize detrimental impact on
the adjoining property.
vi. The development provides parking and other necessary facilities to handle the
designed public use.
vii. Effects on private property are consistent with all relevant constitutional and other
legal limitations on regulation or acquisition of private property.
viii. Public parks and other public lands shall be managed in a manner that provides a
balance between providing opportunities for recreation and restoration and
enhancement of the shoreline. Major park development shall be approved only after a
master planning process that provides for a balance of these elements.
Staff Comment: As previously discussed there is no net loss in ecological function
associated with the proposal. The level of human activity is limited to walking and
possibly bicycling and should have little impact on the shoreline habitat. A split rail fence
would keep trail users on the trail. As a water related recreation facility, the trail is located
near the shoreline. As previously determined natural character is preserved. Accessibility
to the water’s edge is provided by the existing May Creek Trail. No water dependent uses
are displaced. No adverse impacts would be generated by the project, which includes
impacts to adjoining uses. Parking for the May Creek Trail is anticipated on the former
Pan Abode site as part of the future redevelopment of the site. As previously discussed,
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 21 of 26
the extensive restoration and mitigation associated with the proposal is well balanced
with public recreational needs.
See also comments under “Recreation activities are allowed when,” Section B.8.a.
9. Transportation:
a. General Standards: New and expanded transportation facilities shall be designed to
achieve no net loss of ecological functions within the shoreline. To the maximum extent
feasible the following standards shall be applied to all transportation projects and
facilities:
i. Facilities shall be located outside of the shoreline jurisdiction and as far from the
land/water interface as possible. Expansion of existing transportation facilities shall
include analysis of system options that assess the potential for alternative routes outside
shoreline jurisdiction or set back further from the land/water interface.
ii. Facilities shall be located and designed to avoid significant natural, historical,
archaeological, or cultural sites, and mitigate unavoidable impacts.
iii. Facilities shall be designed and maintained to prevent soil erosion, to permit natural
movement of groundwater, and not adversely affect water quality or aquatic plants and
animals over the life of the facility.
iv. All debris and other waste materials from construction shall be disposed of in such a
way as to prevent their entry by erosion into any water body and shall be specified in
submittal materials.
v. Facilities shall avoid the need for shoreline protection.
vi. Facilities shall allow passage of flood waters, fish passage, and wildlife movement by
using bridges with the longest span feasible or when bridges are not feasible, culverts
and other features that provide for these functions.
vii. Facilities shall be designed to accommodate as many compatible uses as feasible,
including, but not limited to: utilities, viewpoint, public access, or trails.
Staff Comment: The proposal would result in no net loss of ecological function. The
transportation regulations above that require facilities to be located as far away from
shorelines as possible conflict with the policies that require recreational facilities and
public access facilities to be located close to the shoreline. Given that the public
access/recreational policies are more specifically targeted at the project and that
shoreline policies strongly encourage public access to the shoreline, the public
access/recreational regulations supersede the conflicting transportation facility
regulations. There are no adverse impacts to archaeological, natural, historical, or
cultural resources, if all conditions of approval are complied with. The project would not
adversely affect water quality or aquatic plants or animals. Excavation would be very
modest and there is nothing to suggest that groundwater movement would be affected.
The Drainage Memorandum provides that stormwater currently infiltrates or is dispersed
and sheet flow towards May Creek. The proposed project would not change how or where
stormwater is discharged or affect water movement across the site. 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 trail
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 22 of 26
does not trigger any significant need for shoreline protection. The trail provides both
viewpoint and physical access features.
According to 30% plans, no water crossings are proposed as part of the Project. The
project would add new recreational opportunities for people in the community to enjoy
shoreline areas. The proposed Project is consistent with policies and regulations for
ecological protection.
b. Trails:
i. Trails that provide public access on or near the water shall be located, designed, and
maintained in a manner that protects the existing environment and shoreline ecological
functions. Preservation or improvement of the natural amenities shall be a basic
consideration in the design of shoreline trails.
ii. The location and design of trails shall create the minimum impact on adjacent property
owners including privacy and noise.
iii. Over-water structures may be provided for trails in cases where:
(a) Key trail links for local or regional trails must cross streams, wetlands, or other
water bodies.
(b) For interpretive facilities.
(c) To protect sensitive riparian and wetland areas from the adverse impacts of at
grade trails, including soil compaction, erosion potential and impedance of surface
and groundwater movement.
iv. Trail width and surface materials shall be appropriate for the context with narrow soft
surface trails in areas of high ecological sensitivity where the physical impacts of the trail
and the number of users should be minimized with wider hard-surfaced trails with higher
use located in less ecologically sensitive areas.
Staff Comment: The proposed May Creek Trail Extension Project would avoid
environmental impacts and would provide an uninterrupted pedestrian trail along the
north side of May Creek from Lake Washington Blvd N to Jones Ave NE. The trail design
protects shoreline ecological functions and minimizes the impacts on adjoining property
owners. The trail surface is relatively narrow and considered a soft surface to assure
compatibility with shoreline resources. The design would preserve and improve the
natural amenities of the site through trail alignment and replanting would provide
enhancement plantings along the shoreline of May Creek.
The proposed trail extension project is not expected to have any significant adverse
impact on the downstream and/or upstream drainage system and is not expected to have
a 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 City, as lead agency, adopted a Determination of
Non-Significant Impact on April 22, 2019 (Exhibit 1). The environmental impacts to
shoreline buffers were avoided and minimized to the greatest extent feasible and/or
mitigation measure have been recommended.
The closest residential structures are located more than 100 feet from the project and it
does not appear that noise generated by trail use would adversely affect the inhabitants.
The City’s noise regulations would ensure that noise levels do not exceed adverse levels.
c. Parking:
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 23 of 26
i. When Allowed: Parking facilities in shorelines are not a preferred use and shall be
allowed only as necessary to serve an authorized primary use.
ii. Public Parking:
(a) In order to encourage public use of the shoreline, public parking is to be provided at
frequent locations on public streets, at shoreline viewpoints, and at trailheads.
(b) Public parking facilities shall be located as far as feasible from the shoreline unless
parking areas close to the water are essential to serve approved recreation and public
access. In general, only handicapped parking should be located near the land/water
interface with most other parking located within walking distance and outside of
vegetation conservation buffers provided in subsection F1 of this Section, Vegetation
Conservation.
(c) Public parking facilities shall be designed and landscaped to minimize adverse impact
upon the shoreline and adjacent lands and upon the water view.
Staff Comment: The proposed May Creek Trail Extension Project would not provide a
parking facility within the shoreline. Public parking for the May Creek Trail is anticipated
on the former Pan Abode site as part of site redevelopment. Parking for public access
would be provided on-street where feasible.
28. The following table contains project elements intended to comply with the Critical Areas Regulations and
policies, as outlined in RMC 4-3-050:
CRITICAL AREA REGULATIONS CRITERA:
A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, CRITICAL AREA ELEMENT:
Critical areas are defined as wetlands, aquifer recharge areas, fish and wildlife habitat, frequently
flooded, and geologically hazardous areas regulated by the City of Renton’s Critical Areas Ordinance.
Sustainability recognizes that natural systems are essential to providing both economic needs and
quality of life and that actions of today have an impact on the environment which impacts the future.
The quality of Renton’s land, air, and water affect the health and resiliency of everyone in the
community.
The proposal is compliant with the following goals:
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past
practice where feasible, through leadership, policy, regulation, and regional
coordination.
Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s sensitive
areas including: lakes, rivers, major and minor creeks, intermittent stream courses and
their floodplains, wetlands, ground water resources, wildlife habitats, and areas of
seismic and geological hazards.
Goal L-V: Protect the natural functions of 100 year floodplains and floodways to prevent
threats to life, property, and public safety associated with flooding hazards.
B. ALTERATIONS TO CRITICAL AREAS:
The subject site is classified as a Critical Area on the City of Renton (COR) Map. Stream relocation may
be allowed when analyzed in an accepted stream or lake assessment. The following criteria and
conditions to the proposal must be met:
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 24 of 26
1. Development Standards:
No proposal shall result in a loss of critical area functions or values. If the application of these provisions
would deny all reasonable use of the property, the applicant may apply for a variance as identified in
RMC 4-9-250.
Flood Hazard Areas: Flood hazard areas are defined as the land in the floodplain subject
to one percent (1%) or greater chance of flooding in any given year. Encroachments,
including fill, new construction, substantial improvements, and other development are
prohibited unless certification by a registered professional engineer demonstrates
through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that:
(a) Encroachments shall not result in any increase in flood levels during the occurrence
of the base flood discharge; and
(b) There are no adverse impacts to the subject property or abutting or adjacent
properties; and
(c) There are no higher flood elevations upstream; and
(d) The impact due to floodway encroachment shall be analyzed using future land use
condition flows.
Staff Comment: The City of Renton’s Municipal Code (RMC) 4-3-050 Critical Areas
Regulations, backed by Executive Order 11988 Floodplain Management, require zero-
rise in floodplain elevations due to construction projects.
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.
According to the Shoreline Permit Application Report, a 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 ESA-listed species that utilize
May Creek include Puget Sound Chinook salmon (Oncorhynchus tshawytscha)
Evolutionary Significant Unit (ESU) and Puget Sound/Coastal steelhead (Oncorhynchus
mykiss) Distinct Population Segment (DPS), but May Creek has not been designated as
critical habitat for either species. Per WDFW’s SalmonScape, other salmonid species
documented within May Creek include Sockeye (Oncorhynchus nerka) and Coho
(Oncorhynchus kisutch) salmon, and resident cutthroat trout (Oncorhynchus clarkii).
The biological and habitat assessment (Chapter 7), of the Shoreline Permit Application
Report, no negative cumulative impacts to floodplain functions would occur. The
proposal is a trail Project that would be installed at-grade, and would improve the
existing riparian functions that are currently hindered by infestations of invasive plant
species that prevent succession to a climax evergreen forest community. Clearing of
herbaceous and shrub species within the shoreline/stream/wetland buffer would be
offset by enhanced riparian functions in 1.6 acres of buffer habitat. The proposed Project
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 25 of 26
CONCLUSIONS: The proposed development is consistent with the following findings pursuant to RMC section
4-3-050:
1. A proposed action meets alternative administrative standards pursuant to this Section and the proposed
activity results in no net loss of regulated riparian area or shoreline ecological function in the drainage
basin where the site is located if submitted plans are followed and the conditions of approval are met.
2. The activity will be conducted using best management practices as specified by industry standards or
applicable Federal agencies or scientific principles if submitted plans are followed and the conditions of
approval are met.
3. Impacts will be minimized and disturbed areas will be immediately restored if submitted plans are
followed and the conditions of approval are met.
4. Both onsite and offsite mitigation will be provided for this project if submitted plans are followed and the
conditions of approval are met.
5. Compensatory mitigation projects will be monitored for a period necessary to establish that performance
standards have been met, but generally not for a period less than five (5) years, if submitted plans are
followed and the conditions of approval are met.
Development of this project shall be undertaken pursuant to the following conditions:
1. The applicant shall comply with the mitigation measures imposed by the Environmental Review
Committee in its Determination of Non-Significance – Mitigated issued on April 22, 2019.
This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following:
1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant
from compliance with federal, state, and other permit requirements.
2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the
event the permittee fails to comply with any condition(s) hereof.
would not result in foreseeable future federal, state, tribal, local or private actions in the
Project action area after the I-405 widening project is complete. The Report concluded
that the proposed trail would occur in the riparian corridor of May Creek and would not
affect flooding dynamics that could otherwise impact instream habitat. The proposed
project may affect, but is not likely to adversely affect (NLAA) listed salmonid species
(Puget Sound Chinook ESU, Puget Sound steelhead), or their habitat because the Project
would not adversely affect existing floodplain functions or primary constituent elements
of these listed salmonids. Due to the lack of habitat and species presence, the Project
would have no effect (NE) on Puget Sound/Coastal bull trout. The 3,660 SF of impacts to
the riparian forest understory would be offset by removing invasive plant species and
planting native woody vegetation across 1/3 acre in the buffer of May Creek and the
adjacent wetlands. This permit would be considered the 100-year floodplain permit if
any portion of the project is within the floodplain. No other floodplain permit would be
required.
Impervious area impacts:
Staff Comment: No impervious surface is proposed for the project. The new trail would
be composed of fine bark mulch atop compacted gravel borrow.
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
City of Renton Department of Community & Economic Development Shoreline Management Permit
MAY CREEK TRAIL EXTENSION PROJECT LUA19-000015, ECF, SM
DATE OF PERMIT: June 14, 2019 Page 26 of 26
3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington
State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day
review period have been completed.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
Jennifer Henning, AICP, Planning Director
Department of Community & Economic Development
Date
APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines
Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the
final order and concurrently filing copies of such request with the Washington State Department of Ecology and
the Attorney General’s office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies
of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk’s office.
EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143
and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted
pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline
permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning
Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a
request for extension has been filed with the Planning Division before the expiration date, and notice of the
proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION
OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits
must be issued, and foundation inspections must be completed before the end of the two (2) year period.
Attachments: Project Exhibits 1-26
cc: Stephanie Modjeski, Otak, Inc. / Contact
Linda Cooley, WSDOT I-405 Program Environmental Permit/Compliance Lead
Karen Walter / Muckleshoot Indian Tribe Fisheries Division
Leslie Betlach, Parks Planning and Natural Resources Director
Cassan, Cline, Elliott, Hansen, Kidd, Langton, Oyer, Quarrie, Stiritz, Weihs, Woeck / Parties of Record
Attorney General’s Office
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
6/14/2019 | 9:49 AM PDT
June 14, 2019
State Department of Ecology
Northwest Regional Office
3190 160th Ave SE
Bellevue, WA 98008-5452
SUBJECT: Shoreline Substantial Development Permit for May Creek Trail Extension Project
File No. LUA19-000015, ECF, SM
Dear Sir or Madam:
Enclosed is the Shoreline Substantial Development Permit (SSDP) for the above referenced project.
The permit was issued by the City of Renton on June 14, 2019. The City of Renton (SEPA lead
agency), issued a Determination of Non-significance – Mitigated (DNS-M) for the project in April
2019.
We are filing this action with the Department of Ecology and the Attorney General per WAC 173-14-
090. Please review this permit and attachments and contact me at (425) 430-7289 if you have any
questions or need additional information.
Sincerely,
Clark H. Close
Senior Planner
Enclosures: Shoreline Management Act Permit Data Sheet
Copy of Submitted Land Use Master Application
Copy of Submitted Shoreline Permit Application Report
Copy of Project Plans
Environmental (SEPA) Determination, Staff Report (dated October 22, 2018) with Exhibits 1-20
Staff Report and Decision (dated December 3, 2018) with Exhibits 21-23
cc: Office of Attorney General
Stephanie Modjeski, Otak, Inc. / Contact
Linda Cooley, WSDOT I-405 Program Environmental Permit/Compliance Lead
Robert Woeck, WSDOT
Karen Walter, Muckleshoot Indian Tribe Fisheries Division
Leslie Betlach, Parks Planning and Natural Resources Director
Vanessa Dolbee, Current Planning Manager
Angelea Weihs, Associate Planner
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
Shoreline Management Act
Permit Data Sheet and Transmittal Letter
From: (local government) To: (appropriate Ecology office)
City of Renton Misty Blair
Transmittal Date: 6/14/19 Receipt Date: (provided by Ecology)
Type of Permit: (Indicate all that apply)
Substantial Development
Conditional Use
Variance
Revision
Other
Applicant Information:
Name: Stephanie Modjeski, Otak, Inc.
Address: 2731 Westmore Ave, Unit #300, Everett,
WA 98201
Phone(s): 425-493-5223
Local Government Decision:
Approval
Conditional Approval
Denial
Applicant's Representative: (If primary contact)
Name:
Address:
Phone(s):
Is the applicant the property owner? Yes No
Location of the Property:
Portion of Gov’t Lot 1, Section 32, T 24 N, R 5 E, WM. Project is located within WSDOT right-of-way for Interstate-405
and includes two City of Renton owned parcels (APNs 322405-9109 and -9010).
Water Body Name: May Creek Shoreline of State Significance: Yes No
Environment Designation: Shoreline Urban Conservancy and located within May Creek Reaches B and C.
Project Description: (Summary of the intended use or project purpose)
The City of Renton is proposing to construct a six-foot (6’) 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 project is proposing to enhance the stream buffer along the trail east of I-405. The trail section within WSDOT right-
of-way, beneath the I-405 overpass, was permitted separately.
Notice of Application Date: 2/7/2019 Final Decision Date: 6/14/19
By: (Local government primary contact on this application)
Clark H. Close, Senior Planner
Phone: 425-430-7289
Local permit no. LUA19-000015
State permit no.
DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
DEPARTMENTOFCOMMUNITY&ECONOMICDEVELOPMENTPlanningDivision1055SouthGradyWay,6thFloorIRenton,WA980571425-430-7200www.rentonwa.govLANDUSEPERMITMASTERAPPLICATIONPROPERTYOWNER(S)NAME:CityofRenton,ATTN:LeslieBetlachADDRESS:1055S.GradyWayCITY:Renton,WAZIP:98057TELEPHONENUMBER:(425)430-6619APPLICANT(ifotherthanowner)NAME:COMPANY(ifapplicable):ADDRESS:CITY:ZIP:TELEPHONENUMBER:CONTACTPERSONNAME:StephanieModjeskiCOMPANY(ifapplicable):Otak,Inc.ADDRESS:2731WetmoreAye,#300CITY:EverettZIP:98201TELEPHONENUMBERANDEMAILADDRESS:(425)493-52231PROJECTINFORMATIONPROJECTORDEVELOPMENTNAME:MayCreekTrailExtensionProjectPROJECT/ADDRESS(S)/LOCATIONANDZIPCODE:ProjectislocatedwithinWSDOTrightofwayforlnterstate-405andincludestwoCityofRentonownedparcels.ProjectislocatedwithintheCityofRenton,Washington,98056KINGCOUNTYASSESSOR’SACCOUNTNUMBER(S):3224059109,3224059010EXISTINGLANDUSE(S):MayCreekTrail,OpenSpace,1-405overpassPROPOSEDLANDUSE(S):TrailextensionfromexistingMayCreekTrailtoJonesAvenueNEEXISTINGCOMPREHENSIVEPLANMAPDESIGNATION:3224059109-RMD-ResidentialMediumDensity3224059010-RLD-ResidentialLowDensityPROPOSEDCOMPREHENSIVEPLANMAPDESIGNATION(ifapplicable)N/AEXISTINGZONING:3224059109-R6-Residential6DU/AC3224059010-RCResourceConservationPROPOSEDZONING(ifapplicable):N/ASITEAREA(insquarefeet):84,450squarefeetSQUAREFOOTAGEOFPUBLICROADWAYSTOBEDEDICATED:N/ASQUAREFOOTAGEOFPRIVATEACCESSEASEMENTS:N/APROPOSEDRESIDENTIALDENSITYINUNITSPERNETACRE(ifapplicable)N/ANUMBEROFPROPOSEDLOTS(ifapplicable)N/ANUMBEROFNEWDWELLINGUNITS(ifapplicable):N/AH:\CED\Data\Forms-Templates\Self-HelpHandouts\Planning\MasterApplication.docRev:10/2017RECEIVEDClark Close 01/31/2019PLANNING DIVISIONDocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
PROJECTINFORMATION(continued)LeslieBetlachI,(PrintName/s)________________________________________________declareunderpenaltyofperjuryunderthelawsoftheStateofWashingtonthatIam(pleasecheckone)thecurrentownerofthepropertyinvolvedinthisapplicationorJ7theauthorizedrepresentativetoactforacorporation(pleaseattachproofofauthorization)andthattheforegoingstatementsandanswershereincontainedandtheinformationherewithareinallrespectstrueandcorrecttothebestofmyknowledgeandbelief.//-/_____________________ignahireofOwner/RepresentativeDateSTATEOFWASHINGTON)SSCOUNTYOFKINGIcertifythatIknoworhavesatisfactoryevidencethat________________________________________signedthisinstrumentandacknowledgeittobehis/her/theirfreeandçptfortheusesandpurposementionedintheinstrument.H2-DI__________________________PROJECTVALUE:$136,000.00NUMBEROFEXISTINGDWELLINGUNITS(ifapplicable):N/ASQUAREFOOTAGEOFPROPOSEDRESIDENTIALBUILDINGS(ifapplicable):N/ASQUAREFOOTAGEOFEXISTINGRESIDENTIALBUILDINGSTOREMAIN(ifapplicable):N/ASQUAREFOOTAGEOFPROPOSEDNON-RESIDENTIALBUILDINGS(ifapplicable):N/ASQUAREFOOTAGEOFEXISTINGNON-RESIDENTIALBUILDINGSTOREMAIN(ifapplicable):N/ANETFLOORAREAONNON-RESIDENTIALBUILDINGS(ifapplicable):N/ANUMBEROFEMPLOYEESTOBEEMPLOYEDBYTHENEWPROJECT(ifapplicable):N/AISTHESITELOCATEDINANYTYPEOFENVIRONMENTALLYCRITICALAREA,PLEASEINCLUDESQUAREFOOTAGE(ifapplicable):AQUIFERPROTECTIONAREAONEIJAQUIFERPROTECTIONAREATWOFLOODHAZARDAREA3,660sq.ft.GEOLOGICHAZARD______sq.ft.LiHABITATCONSERVATION______sq.ft.SHORELINESTREAMS&LAKES3,660sq.ft.LiWETLANDS______sq.ft.LEGALDESCRIPTIONOFPROPERTY(Attachlegaldescriptiononseparatesheetwiththefollowinginformationincluded)SITUATEINTHENE&NWQUARTEROFSECTION32,TOWNSHIP24N_,RANGE05E_,INTHECITYOFRENTON,KINGCOUNTY,WASHINGTONAFFIDAVITOFOWNERSHIPSignatureofOwner/RepresentativeDateDated7LL5UryPublicinand-fbrtheStateofWashington5-W3Jotary(Print):expires:2H:\CED\Data\Forms-Templates\SeIf-HeIpHandouts\Planning\MasterApplication.docRev:10/2017DocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
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
RECEIVED
Clark Close 01/31/2019
PLANNING DIVISION
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May Creek Trail Extension i
Acronyms and Abbreviations ................................................................................................................... iii
Chapter 1. Introduction ............................................................................................................................. 4
Chapter 2. Project Narrative ..................................................................................................................... 4
Chapter 3. Construction Methods ............................................................................................................ 5
Chapter 4. Existing Conditions................................................................................................................... 6
4.1 Landscape Setting and Project Area Overview ............................................................................ 6
4.2 Wetlands ....................................................................................................................................... 6
4.3 Streams ......................................................................................................................................... 7
Chapter 5. Proposed Buffer Mitigation Plan ............................................................................................ 7
5.1 Mitigation Overview ............................................................................................................................ 7
Avoidance and Minimization ................................................................................................................. 8
5.2 Buffer Impacts ..................................................................................................................................... 8
5.3 Proposed Mitigation ............................................................................................................................ 8
5.4 Mitigation Design Criteria ................................................................................................................... 8
5.5 Wetland Buffer Mitigation Plan ........................................................................................................... 9
5.5.1 Buffer Mitigation Goals and Objectives ................................................................................. 9
5.5.2 Mitigation Timing ................................................................................................................... 9
5.5.3 Mitigation Performance Standards ........................................................................................ 9
5.5.4 Non-native Invasive Species Removal ............................................................................... 10
5.5.5 Plant Species Selection Specifications ............................................................................... 10
5.5.6 Plant Installation Specifications ........................................................................................... 11
5.5.7 Best Management Practices ............................................................................................... 11
Chapter 6. Proposed Monitoring Plan .................................................................................................... 11
6.1 Proposed Monitoring Plan ................................................................................................................ 11
6.1.1 Vegetation Monitoring Plots ................................................................................................ 11
6.1.2 Photo-points ........................................................................................................................ 12
6.1.3 Wildlife Presence................................................................................................................. 12
6.1.4 Maintenance/Contingency Observations ............................................................................ 12
6.1.5 Monitoring Schedule ........................................................................................................... 12
6.1.6 Monitoring Reporting ........................................................................................................... 13
6.2 Maintenance and Contingency Actions ............................................................................................ 13
6.2.1 Maintenance ........................................................................................................................ 13
6.2.2 Irrigation .............................................................................................................................. 13
6.2.3 Plant Replacement .............................................................................................................. 13
6.2.4 Non-native Invasive Species Control .................................................................................. 13
6.2.5 Other Maintenance Actions ................................................................................................. 14
6.2.6 Contingency Actions ........................................................................................................... 14
Chapter 7. Biological and Habitat Assessment..................................................................................... 14
7.1 ESA-Listed Species Present in Project Area ...................................................................... 15
7.2 Direct and Indirect Effects to Primary Constituent Elements of Listed Species.................. 15
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7.3 Direct and Indirect Effects to Other Listed Species ............................................................ 17
7.4 Direct and Indirect Effects to Floodplain Functions ............................................................. 17
7.5 Cumulative Effects to Primary Constituent Elements of Listed Species and Floodplain
Functions ............................................................................................................................................ 18
7.6 FEMA Floodplain Habitat Assessment Effect Determination .............................................. 18
7.7 Project Applicant Contact Information ................................................................................. 18
7.8 Fieldwork Dates and Report Author Qualifications ............................................................. 18
Chapter 8. References ............................................................................................................................. 20
Appendix A — Critical Areas Memo and Photo-log ............................................................................ 21
Appendix B — WSDOT Wetland and Stream Assessment Report ........................................................ 22
Appendix C — Neighborhood Detail Map ............................................................................................ 23
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Acronyms and Abbreviations
City City of Renton
BMPs Best Management Practices
DU/AC Dwelling Unit per Acre
Ecology Washington State Department of Ecology
HPA Hydraulic Project Approval
I-405 Interstate 405
NRCS Natural Resources Conservation Service
OHWM Ordinary high water mark
Otak Otak, Inc.
RC Resource Conservation
RLD Residential Low Density
RMC Renton Municipal Code
RMD Residential Medium Density
TESC Temporary Erosion and Sediment Control
USACE U.S. Army Corps of Engineers
WDFW Washington State Department of Fish and Wildlife
WDNR Washington Department of Natural Resources
WRIA Water Resource Inventory Area
WSDOT Washington State Department of Transportation
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Chapter 1. Introduction
The City of Renton (City) is proposing the May Creek Trail Extension Project (Project). The project will
construct a pedestrian trail extension from the existing May Creek Trail west of Interstate-405 (I-405) to
Jones Avenue NE and will be folded into I-405 - Renton to Bellevue Widening and Express Toll Lanes
project under the Washington Department of Transportation (WSDOT). Otak, Inc. (Otak) is contracted by
the City to provide permitting support for the proposed Project. The Project is located within a designated
shoreline environment and requires a Shoreline Permit compliance per the City of Renton. This report
documents the environmental permitting requirements associated with the proposed Project.
Chapter 2. Project Narrative
The Project is located in the City of Renton, King County, Washington. The Project includes parcels
#3224059109 and #3224059010 and is located in Section 32, Township 24, Range 05 East of the Public
Land Survey System, and in Water Resource Inventory Area (WRIA) 8-Cedar Sammamish.
May Creek is a tributary to Lake Washington. Lake Washington is located approximately 0.32 mile west of
the Project site. Site elevation is approximately 50 feet above mean sea level and has a mild slope west
toward the existing May Creek Trail. Land use in the vicinity is single-family residences, the I-405 corridor,
green space, and the existing May Creek Trail.
The trail extension will extend underneath the Interstate-405 (I-405) overpass along the north side of May
Creek from the existing May Creek Trail to Jones Avenue NE. For the purpose of this Shoreline Permit
packet, the Project extent is from east of the I-405 overpass to Jones Avenue NE and a small portion of
trail to the west of the I-405 overpass and does not include Washington State Department of
Transportation (WSDOT) right of way. The trail section within WSDOT right of way beneath the I-405
overpass is being permitted separately from this Project.
An informal trail exists currently in the location of the proposed trail. The proposed trail will be
approximately 815 feet long and 6-feet wide and will be composed of a fine bark mulch on top of a
compacted gravel borrow layer. Approximately 300 LF of the trail extension will occur within WSDOT right
of way. The ordinary high water mark of May Creek is located between approximately 19 and 88 feet
south of the proposed trail. May Creek is designated as a Shoreline of the State (Type S) stream per
Washington Department of Natural Resources (WDNR) and the City and has a standard buffer width of
200 feet per Renton Municipal Code(RMC) 4-3-090B (Regulated Shorelines). The Project will occur
above the ordinary high water mark and entirely within the 200-foot buffer of May Creek. Public hiking
trails over land in the buffer are permitted as long as it does not degrade the ecological functions or
natural characteristics of the shoreline area (RMC 4-3-090E.1)
The current functions of the stream buffer are impeded by dense invasive cover. A large Himalayan
blackberry (Rubus armeniacus) upland field is located immediately east of the I-405 underpass. The
banks of May Creek are forested with a dense understory of Himalayan blackberry, knotweed
(Polygonum japonica) and reed canary grass (Phalaris arundinacea).
The Project intends to mitigate for impacts to the shoreline environmental by minimizing adverse impacts,
restoring the affected environment, and compensating by environmental enhancement (RMC 4-3-
090D.2.a.iii). The Project includes enhancing the 200-foot wide stream buffer along the trail east of I-405
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by removing invasive plants and restoring the native riparian vegetation community between May Creek
and the new trail. Enhancements will extend from the I-405 right-of-way westward to approximately 70
feet from the edge of Jones Avenue NE. Proposed buffer enhancement actions include removing the
invasive plants, supplemental planting in the existing understory to increase native plant diversity and
restoring native forest habitat. Approximately 1/3 acre is proposed for buffer enhancement.
No wetlands are located within the Project area. An off-site wetland (Wetland 7.2R) is located
approximately 100 feet north of the proposed trail alignment. The Natural Resources Conservation
Service (NRCS) mapped soils include Norma sandy loam (poorly drained).
WSDOT’s project is anticipated to begin in 2019 and end in 2024. The site is zoned R6-Residential 6
Dwelling Units per Acre (Parcel #3224059109) west of I-405 and Resource Conservation (Parcel #
3224059010) east of I-405.
The site’s comprehensive plan designation is RMD-Residential Medium Density (parcel # 3224059109)
and RLD- Residential Low Density (parcel #3224059010). The site is zoned R6-Residential 6 DU/AC
(parcel # 3224059109) and RC- Resource Conservation (parcel #3224059010). The shoreline master
program designation of the site is Urban Conservancy. Land use permits required for the proposed
Project include a Shoreline Permit and clearing and grading permit from the City of Renton, and may
require a hydraulic project approval (HPA) from Washington Department of Fish and Wildlife (WDFW).
The Project area can be accessed via the existing May Creek Trail from the trailhead on Lake
Washington Boulevard N, or via Jones Avenue NE. No off-site improvements are proposed. The Project
will include approximately 17 CY of excavation for trail installation, and approximately 265 CY of fill for
trail installation. Approximately 14,600 square feet of non-native invasive vegetation will be removed and
replanted with native plant species for stream buffer enhancement, and will include the removal of two
non-native black locust (Robinia pseudoacacia) trees adjacent to Jones Avenue NE.
The total estimated construction cost and fair market value of the Project is approximately $138,000.
Chapter 3. Construction Methods
Transportation and access to the Project site will be from Jones Avenue NE and the existing May Creek
Trail, west of I-405. Construction will occur during daylight hours, Monday through Friday. Temporary
erosion and sediment control measures (TESC) and appropriate construction best management practices
(BMPs) will be used during construction to minimize erosion. Potential stormwater runoff from
construction activity will be intercepted by installed erosion control methods such as silt fences to prevent
runoff to the adjacent stream. High visibility fencing will be installed to mark construction and clearing
limits. All TESC measures will be installed prior to trail construction and buffer restoration. Spill
containment measures will be properly implemented, monitored and maintained, and all equipment
refueling will occur outside of buffer areas. Temporarily impacted areas will be restored with native
vegetation and exposed soils will be covered during construction. No fill or excavation will take place
below the ordinary high water mark of May Creek. After construction and plant installation is completed
and the site has stabilized, all silt fences and any other temporary erosion protection structures will be
removed.
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Chapter 4. Existing Conditions
4.1 Landscape Setting and Project Area Overview
The Project is located in the City of Renton, King County, Washington. The Project includes parcels
#3224059109 and #3224059010 and is located in Section 32, Township 24, Range 05 East of the Public
Land Survey System, in Water Resource Inventory Area (WRIA) 8-Cedar Sammamish.
The Project area extent is from east of the I-405 overpass to Jones Avenue NE and includes
approximately 200 feet north of the ordinary high water mark of May Creek.
May Creek is a tributary to Lake Washington. Lake Washington is located approximately 0.32 mile west of
the Project site. Site elevation is approximately 50 feet above mean sea level, and has a mild slope west
toward the existing May Creek Trail. Land use in the vicinity is single-family residences, the I-405 corridor,
green space, and the existing May Creek Trail.
The Project will occur along the north side of May Creek from west of the I-405 overpass to Jones
Avenue NE.
An informal dirt trail connects the existing May Creek Trail to Jones Avenue NE. The informal trail follows
the north side of May Creek, beneath I-405 and extends through a large Himalayan blackberry and reed
canary grass field before connecting with Jones Avenue NE.
The riparian buffer of May Creek is dominated by invasive species. A large Himalayan blackberry upland
field is located immediately east of the I-405 underpass. The banks of May Creek are forested with a
dense understory of Himalayan blackberry, knotweed and reed canary grass. Tree species within the
area include black locust (Robinia pseudoacacia), red alder (Alnus rubra), big leaf maple (Acer
macrophyllum), and black cottonwood (Populus balsamifera ssp. trichocarpa).
A photo-log of existing conditions within the Project area is included in the technical memorandum, May
Creek Trail Extension Critical Areas Review (Otak 2018) provided in Appendix A.
4.2 Wetlands
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 the Wetland and Stream Assessment Report, I-405, Renton to Bellevue Corridor
Milepost 4.0-13.7 (WSDOT 2018) included in Appendix B.
Biologists from Otak completed a field investigation on June 11, 2018 to verify wetland delineations and
characterizations. No wetlands are located within 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 and within Shoreline
Jurisdiction has a buffer width of 125 feet.
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A critical areas findings technical memorandum, May Creek Trail Extension Critical Areas Review (Otak
2018) was prepared post field investigation. The findings memorandum is included in Appendix A.
4.3 Streams
The ordinary high water mark (OHWM) of May Creek was delineated by WSDOT in 2016 and was verified
by Otak biologists in June 2018, using previously hung flags and field indicators for OHWM. The
delineated OHWM was consistent with field observations and previous mapping by WSDOT.
May Creek is located south of the proposed trail alignment and flows east to west beneath the I-405
overpass. May Creek is a perennial stream and is designated a Type S (Shoreline of the State) per
WDNR and the City of Renton. May Creek has a standard buffer width of 200 feet per Renton Municipal
Code (RMC) 4-3-090B (Regulated Shorelines). A regulatory summary is included in the May Creek Trail
Extension Critical Areas Review (Otak 2018).
ESA-listed species that utilize May Creek include Puget Sound Chinook salmon (Oncorhynchus
tshawytscha) Evolutionary Significant Unit (ESU) and Puget Sound/Coastal steelhead (Oncorhynchus
mykiss) Distinct Population Segment (DPS), but May Creek has not been designated as critical habitat for
either species. Per WDFW’s SalmonScape, other salmonid species documented within May Creek
include Sockeye (Oncorhynchus nerka) and Coho (Oncorhynchus kisutch) salmon, and resident cutthroat
trout (Oncorhynchus clarkii).
Chapter 5. Proposed Buffer Mitigation Plan
5.1 Mitigation Overview
Local, state, and federal agencies require projects impacting wetlands, streams or their buffers to follow
mitigation sequencing that includes measures to avoid, minimize, restore, and compensate for
unavoidable impacts. It is incumbent on the applicant to show and document mitigation sequencing
before alterations are approved. Other opportunities exist for offsetting impacts to wetland buffers per
Renton Municipal Code (RMC) 4-3-050I (Alterations to Critical Areas Buffers), including buffer averaging,
buffer reduction with enhancement, and buffer increases. Development within buffers may be approved if
one of these permitting strategies is employed, and compliance with RMC is achieved. Buffer mitigation
opportunities exist in the Project vicinity. This section 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).
Per 4-3-090F.1 (Shoreline Conservation), a vegetation conservation buffer of 100-feet is required for
development projects within a designated shoreline. The Project site is located within Reach B of May
Creek and requires the full standard 100-foot buffer as measured from the OHWM of May Creek.
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.
Public hiking trails over land in the buffer are permitted if they do not degrade the ecological functions or
natural characteristics of the shoreline area (RMC 4-3-090D2[a]) for no net loss of ecological function in a
shoreline environment. Additionally, RMC 4-3-090D 4(f) specifically calls out the proposed Project to
provide public access through a trail parallel to May Creek Shoreline Reach B:
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“0public access should be provided consistent with standards of this Section from a trail parallel
to the water along the entire property with controlled public access to the water consistent with
standards of this Section, and goals of preservation and enhancement of ecological functions.”
The proposed activity includes clearing of invasive species that encumber the site. The current functions
of the stream buffer are impeded by dense invasive cover. Clearing within the buffer will allow native
species to establish and promote natural succession of the forested area, resulting in the overall
improvement of ecological functions of the site.
Avoidance and Minimization
Direct impacts to wetlands and May Creek have been avoided under the proposed Project design.
Impacts to the 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 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. Tree removal has been minimized to
install the trail extension, and is limited to two non-native black locusts adjacent to Jones Ave. NE. The
conversion of sub-canopy shrub habitat to native species will occur in stands of non-native, invasive
plants. The vegetation management component of this Project includes eliminating and reducing total
cover by invasive species in all forested and non-forested areas within on-site buffers and re-establishing
a native forest plant community.
5.2 Buffer Impacts
Approximately 3,660 square feet (0.1 acres) of vegetated stream buffer will be converted for the trail
extension. The Project includes enhancing the 200-foot wide stream buffer along the trail east of I-405 by
removing invasive plants and restoring the native riparian vegetation community between May Creek and
Wetland 7.2R. The Wetland 7.2R buffer partially overlaps with the stream buffer. Buffer enhancements
will also extend to the west edge of Jones Avenue NE.
5.3 Proposed Mitigation
For shoreline compliance in achieving no net loss of functions, the enhancement of approximately 1/3
acres of existing buffer is proposed to offset the conversion of 3,660 square feet of low-functioning buffer
to trail, in order to achieve an overall functional lift in the shoreline regulated area. A dense thicket of
Himalayan blackberry extends from May Creek north to Wetland 7.2R with patches of Japanese
knotweed and reed canarygrass in the understory near May Creek. Proposed buffer enhancement
actions include removing the invasive plants, supplemental planting in the existing understory to increase
native plant diversity, and restoring native forest habitat up to the boundary of Wetland 7.2R.
5.4 Mitigation Design Criteria
This Plan has been designed in accordance with RMC 4-3-090D. The plan has also been designed with
reference to guidelines from the US Army Corps of Engineers (USACE), Washington State Department of
Ecology (Ecology) (Washington State Department of Ecology et al., 2006a. and 2006b):
• Avoid: The Project has been designed to avoid impacts to critical areas and buffers to the maximum
extent possible. For example, impacts to wetlands and streams are being completely avoided.
• Minimize: The Project has been designed to minimize impacts to critical areas and critical area
buffers to the maximum extent possible. For example, impacts to the stream and wetland buffers will
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be minimized through construction best management practices such as marking clearing limits with
high visibility fencing, and through temporary erosion and sediment control methods such as installed
silt fences, and covering of exposed soils, refueling construction equipment outside critical area
buffers. Tree removal has been minimized and consists of removal of a non-native species.
• Compensate: Compensation for the permanent conversion of buffer will be provided by enhancing the
remaining buffer approximately 4:1.
• Monitor and Report: The mitigation area will be monitored for five years with annual monitoring
reporting, including photo documentation from designated photo-points and assessment of plant
survivorship and vegetated cover.
5.5 Wetland Buffer Mitigation Plan
The buffer mitigation plan, including goals and objectives and the performance standards by which to
assess their achievement, is included in Section 5. A five-year monitoring and maintenance plan is
proposed for the buffer enhancement mitigation area. The monitoring plan in Section 6 outlines
monitoring protocols and the reporting schedule to track the progress and success of the restoration
areas. In Section 6, the maintenance plan includes recommendations for irrigation for at least the first two
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 will be taken if the
restoration areas do not satisfy performance standards.
This wetland buffer mitigation plan proposes several actions to enhance approximately 1/3 acre of the
stream buffer, including:
• Removal of non-native invasive species
• Installation of native species for upland communities within the areas proposed for buffer
enhancement
• Install signage
5.5.1 Buffer Mitigation Goals and Objectives
1. Successfully remove invasive species from the existing wetland buffer.
2. Restore and enhance native upland vegetation within the stream buffer
3. Provide signage notifying public of sensitive mitigation area for the purpose of keeping visitors out of
the mitigation area and also to educate visitors about wetlands and buffers.
5.5.2 Mitigation Timing
Per RMC 4-3-050L(e.1), the proposed mitigation plan shall be submitted prior to the issuance of building
or construction permits for development, and mitigation activities shall be timed to occur in the
appropriate season based on weather and moisture conditions. The proposed buffer mitigation plan will
be submitted with the shoreline substantial development permit, and construction of the trail and buffer
mitigation planting is anticipated to occur concurrently.
5.5.3 Mitigation Performance Standards
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Performance Standards are the means to quantify whether the Mitigation Goals and Objectives listed
above are being met. The City of Renton requires monitoring for five years after installation (RMC 4-3-
050L.3). The following parameters will be assessed for the required monitoring period (see Section 5
Monitoring):
1) Non-native Invasive Species:
• ALL YEARS: Throughout the designated planting areas, there will be less than 10 percent total
aerial cover by the following non-native invasive species: non-native invasive knotweeds including
Japanese, Bohemian, giant, Himalayan, and hybrids (Polygonum cuspidatum, P. bohemicum,
P.sachalinense, and P. polystachyum); Himalayan blackberry; and reed canary grass.
2) Survival of Installed Shrubs:
• Year 1: there will be 100 percent survival of installed shrubs due to installation warranty.
• Year 2: there will be at least 80 percent survival of installed shrubs.
• Year 3: there will be at least 75 percent survival of installed shrubs.
3) Percent Cover:
• By Year 1: There will be at least 30 percent cover by native shrub species in the buffer mitigation
area, including both installed species and desirable volunteer native species.
• By Year 2: There will be at least 40 percent cover by native shrub species in the buffer mitigation
area, including both installed species and desirable volunteer native species.
• By Year 5: There will be at least 60 percent cover by native shrubs species in the buffer mitigation
area, including both installed species and desirable volunteer native species.
4) Plant Health:
• ALL YEARS: There will be visual evidence that installed plants are vigorous (e.g. new growth and
few visible signs of stress).
5) Establish and Maintain Species Diversity:
• Years 3-5: At a minimum, a total of five (5) native shrub species will be established in the
designated planting areas. To satisfy this Performance Standard, a particular species only has to
be established in the mitigation site, and desirable native volunteer species can be counted.
5.5.4 Non-native Invasive Species Removal
Himalayan blackberry within the existing stream and wetland buffer shall be removed by the contractor.
Removal is recommended to be completed during construction and before planting with native species.
Recommended removal strategies include the following:
• Removal by hand. Cut the stalks, remove the root crowns, and dispose of the plant material off-site.
This control method can be implemented in the spring/summer prior to or concurrent with
construction.
Herbicide treatment. Cut the canes and dab a glysophate-based herbicide on the cane stump
immediately after cutting. Remove the canes once dead and dispose of the plant material off-site. This
control method is most successfully implemented in the fall.
5.5.5 Plant Species Selection Specifications
A variety of native species are included in the buffer mitigation plan plant palette. The palette includes a
total of seven native shrub species, one native deciduous tree species and two native conifer tree
species. Native plant species were chosen for the following characteristics:
• native to the Puget Sound area;
• established presence of source populations at the Project site;
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• suitable for expected site hydroperiod, light, and soil conditions;
• known plant community associations;
• ability to provide structural complexity, food, and shelter for wildlife;
• availability from local sources; and
• aesthetic appeal.
Plants will be purchased from reputable regional nurseries that provide local genetic ecotypes of plants
native to western Washington and the Puget Sound area.
5.5.6 Plant Installation Specifications
Plants will be installed according to planting plan diagrams and schedules specified in the Mitigation Plan
Sheet and the following recommendations:
• Amend the designated restoration planting areas by tilling in a minimum of six (6) inches of compost
into the top twelve (12) inches of soil.
• The planting hole should be no deeper than the rootball, and the bottom of the rootball should rest on
undisturbed soil. The planting hole should be a minimum of three (3) to four (4) times the width of the
rootball.
• Spread the roots and straighten circling roots as possible.
• The top of the rootball should be at, or approximately ½ inch above, the soil surface.
• Backfill the hole with the excavated amended soil.
• Apply four (4) to six (6) inches of arborist mulch or wood chips to the designated restoration planting
areas. Pull mulch four (4) inches away from stems - mulch shall not touch plant stems or trunks.
5.5.7 Best Management Practices
To minimize potential impacts to critical areas and critical area buffers, best management practices
(BMPs) will be followed, including strict adherence to Temporary Erosion and Sediment Control (TESC)
measures during construction. BMPs include flagging all clearing limits and installing silt fences before
the start of any grading activities adjacent to critical areas. After construction and plant installation is
completed and the site has stabilized, all silt fences and any other temporary erosion protection structures
will be removed.
Chapter 6. Proposed Monitoring Plan
6.1 Proposed Monitoring Plan
The purpose of monitoring is to determine whether Performance Standards are being satisfied, whether
the mitigation area is being maintained properly, and if contingency actions are necessary. The mitigation
areas in the reduced buffer will be monitored for a minimum of five growing seasons after the plants are
installed. Monitoring visits will occur according to the schedule below.
6.1.1 Vegetation Monitoring Plots
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A minimum of four permanent monitoring plots are recommended to be established to accurately reflect
the conditions of the communities. Metal fence posts or other permanent markers may be installed to
establish the permanent monitoring plots during the as-built site visit. It is recommended that rectangular
monitoring plots be used, five meters by five meters in size. To simplify and improve accuracy of
monitoring for percent survival, flag all installed shrubs within the monitoring plots when the plots are
established. Maintain flagging on initially installed shrubs through at least Year 3 in order to be able to
distinguish between installed woody plants and volunteers from rhizomes, seeds, etc.
During each monitoring visit, data will be collected from the plots including: which species are present
(including volunteers); percent aerial coverage by species; and the condition and vigor of plants. Survival
of installed plants as required by Performance Standards will also be determined. In addition to presence
and percent cover by non-native invasive species in the plots, their general locations and extent of cover
throughout the mitigation area will be estimated and noted. General conditions of the entire buffer
mitigation area, as well as the surrounding habitat, will be noted.
6.1.2 Photo-points
Photographs provide an important visual record. A minimum of four permanent photo-points will be
established to accurately show the vegetation and habitat status of the mitigation areas. Metal fence
posts or other permanent markers will be installed to establish the photo-points. Photographs will be
taken during each vegetation monitoring visit, and they will be labeled with photo station location, date,
and compass bearings.
6.1.3 Wildlife Presence
Wildlife presence and use of the mitigation area will be noted during the monitoring visits. The monitoring
staff will record any species present, as well as wildlife indicators such as scat, prints, nests, holes,
browsing marks, etc.
6.1.4 Maintenance/Contingency Observations
Observations on the need for and extent of maintenance/contingency actions will be noted at each
monitoring visit and reported immediately to the appropriate staff at the City of Renton. Maintenance
actions may include (but are not limited to): repairing any damage from vandalism; removing trash;
replacing/repairing buffer signs; augmenting irrigation; replacing mulch; weeding; removing non-native
invasive species; replacing plants; etc. (see Section 6.2).
6.1.5 Monitoring Schedule
Monitoring visits will occur for a minimum of five growing seasons after installation to determine whether
the Performance Standards are being met. The monitoring schedule may be adjusted accordingly to
match timing of the installation of mitigation plantings:
• Following construction and installation of mitigation plantings.
• Year 1: vegetation monitoring near the end of the growing season of the first year after installation
(August/September).
• Year 2: vegetation monitoring near the end of the growing season of the second year after installation
(August/September).
• Year 3: vegetation monitoring near the end of the growing season of the third year after installation
(August/September).
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• Year 5: vegetation monitoring near the end of the growing season of the third year after installation
(August/September).
6.1.6 Monitoring Reporting
Monitoring reports will be submitted after each monitoring visit to the City of Renton, and other agencies
as required by permit conditions. These reports will describe the conditions on site, the level of success of
the mitigation plan in satisfying the Performance Standards, whether contingency actions are warranted,
and recommended maintenance actions. The reports will include: data collected on plant species present,
and their percent cover and vigor; survival of installed plants and probable causes for any losses; percent
cover by non-native invasive species; photographs from the permanent photo-points; wildlife usage of the
restored areas; a list of recommended maintenance actions; and observations of general site conditions.
A final monitoring report shall be submitted to the City of Renton for review upon completion of the
mitigation activities in Year 5 and will include the specifications as outlined in RMC 4-3-050L.
6.2 Maintenance and Contingency Actions
6.2.1 Maintenance
The designated mitigation planting areas will be maintained for a minimum of five growing seasons after
installation. Maintenance activities are specified below, but generally, maintenance will include irrigating,
removing non-native invasive species, replacing mulch, and installing plants as necessary to achieve the
Performance Standards. Maintenance will also include replacing/repairing buffer signs, repairing the
fence, removing trash, etc.
6.2.2 Irrigation
Watering is critical for plant survival and establishment, especially at planting time and for at least the first
summer after installation. If possible, all plantings in the designated mitigation planting areas should be
watered at a rate of at least one inch per week during the dry season (approximately June through
September) for the first year after installation. Under especially hot and dry conditions, the plantings may
require more water. Any replacement plants installed subsequent to the initial installation, or plants that
are installed in the designated restoration planting areas as the result of maintenance or contingency
actions, will require irrigation until they become established. Watering frequency may be tapered off
during the second year after installation. If installed, temporary irrigation systems may be removed after
Year 2.
6.2.3 Plant Replacement
Plants will be replaced or additional plants will be installed as required to satisfy Performance Standards
for percent survival, percent cover, and vigor in the designated mitigation planting areas. Plant species
appropriate to the conditions will be selected from the mitigation plan plant palette.
6.2.4 Non-native Invasive Species Control
The non-native invasive species listed in the Performance Standard will be controlled throughout the
designated restoration planting areas. At a minimum, control efforts will satisfy the Performance
Standards of either no cover or less than 10 percent cover for the specific species. Control will occur a
minimum of two times per year (in the spring and late summer) for Years 1 through 5. More frequent
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maintenance will prevent non-native invasive species from becoming established (or re-established in the
case of Himalayan blackberry and reed canary grass).
Invasive plants (including roots and crowns) will be removed by hand or with manual tools. All cut and
pulled non-native vegetation will 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 shall apply herbicides. Herbicide application methodologies should be those
recommended by the City Renton. Application techniques include: cutting the invasives and dabbing
stems; foliar wiping; etc. Stem injection is not recommended. The least amount of herbicide necessary
should be applied at the most effective time(s) of year, and adjacent desirable native species must not be
damaged.
6.2.5 Other Maintenance Actions
Repair any damage from vandalism and remove trash from the designated mitigation planting areas.
Repair and/or replace any damaged signs or fence segments. Repair/replace habitat features as
necessary.
6.2.6 Contingency Actions
Based on the monitoring data and photographic record, it may be necessary to implement contingency
measures to ensure that the Performance Standards are met. The proposed restoration plan can fail
under certain circumstances such as unplanned human activity; fire; extreme cold, heat and/or drought;
plant loss by disease and/or insect attack; browsing by deer; etc. The monitoring reports will include
observations of which plants are lost and the probable cause for the loss. If necessary, plants will be
replaced during the dormant season. Care will be taken to correct for the cause of the loss (e.g. providing
better maintenance or increased irrigation); replanting species better adapted to actual site conditions;
replacing diseased plants with resistant native species; installing herbivory protection devices; etc. Any
damages caused by erosion, settling, or other geomorphological processes will be repaired.
Chapter 7. Biological and Habitat Assessment
This Federal Emergency Management Agency (FEMA) Floodplain Biological and Habitat Assessment has
been 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 proposed Project includes an approximate 815-foot long, 6-foot wide
pedestrian trail in the riparian corridor of May Creek. A portion of the trail is located within a FEMA-
mapped Special Flood Hazard Area and will require a floodplain permit and shoreline conditional use
permit from the City of Renton. The proposed Project and existing site conditions have been described
previously in this report. Mitigation sequencing, the compensatory mitigation approach, monitoring,
maintenance, and contingency plans have also been described previously in this report.
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This biological and habitat assessment (Chapter 7) identifies ESA-listed species in the Project vicinity and
assesses the impacts to those species, and to floodplain functions and the primary constituent elements
(PCEs) of ESA-listed species. This 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. Accuracy of this report is
dependent upon the data from the above sources and said data is assumed to be accurate and adequate
for purposes of evaluating impacts. Best available science has been incorporated into this report using
established habitat elements for Puget Sound listed salmonids and incorporating appropriate ESA effects
determination protocols for the proposed Project.
This report will allow for ESA compliance under Section 7, for which Federal agencies () ensure the
actions they take, including those they fund or authorize, do not jeopardize the existence of any listed
species. The proposed Project will not result in take of listed species or destruction or disturbance of
habitat for listed species, complying with Section 9 of the ESA.
7.1 ESA-Listed Species Present in Project Area
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 will 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 noted below.
7.2 Direct and Indirect Effects to Primary Constituent Elements of Listed
Species
The PCEs for Puget Sound Chinook and Coastal/Puget Sound steelhead include:
· Freshwater spawning sites with water quality and quantity conditions and substrate supporting
spawning, incubation and larval development.
· Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical
habitat conditions and support juvenile growth and mobility; water quality and forage supporting
juvenile development; and natural cover such as shade, submerged and overhanging large wood, log
jams, and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut
banks.
· Freshwater migration corridors free of obstruction with water quantity and quality conditions and
natural cover such as submerged and overhanging large wood, aquatic vegetation, large rocks and
boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival.
· Estuarine areas free of obstruction with water quality, water quantity, and salinity conditions
supporting juvenile and adult physiological transitions between fresh- and saltwater; natural cover
such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and
side channels; and juvenile and adult forage, including aquatic invertebrates and fishes, supporting
growth and maturation.
· Nearshore marine areas free of obstruction with water quality and quantity conditions and forage,
including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover such
as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side
channels.
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· Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and
fishes, supporting growth and maturation.
The PCEs for bull trout related to the Project includes:
· Springs, seeps, groundwater sources, and subsurface water connectivity (hyporehic flows) to
contribute to water quality and quantity and provide thermal refugia.
· Migratory habitats with minimal physical, biological, or water quality impediments between
spawning, rearing, overwintering, and freshwater and marine foraging habitats, including, but not
limited to permanent, partial, intermittent or seasonal barriers.
· Complex river, stream, lake, reservoir, and marine shoreline aquatic environments, and processes
that establish and maintain these aquatic environments, with features such as large wood, side
channels, pools, undercut banks and unembedded substrates, to provide a variety of depths,
gradients, velocities, and structure.
· Water temperatures ranging from 2 to 15 °C (36 to 59 °F), with adequate thermal refugia available for
temperatures at the upper end of this range. Specific temperatures within this range will vary
depending on bull trout life-history stage and form; geography; elevation; diurnal and seasonal
variation; shade, such as that provided by riparian habitat; and local groundwater influence.
· Substrates of sufficient amount, size, and composition to ensure success of egg and embryo
overwinter survival, fry emergence, and young-of-the-year and juvenile survival. A minimal
amount (e.g., less than 12 percent) of fine substrate less than 0.85 mm (0.03 in.) in diameter and
minimal embeddedness of these fines in larger substrates are characteristic of these conditions.
· A natural hydrograph, including peak, high, low, and base flows within historic and seasonal ranges
or, if flows are controlled, they minimize departures from a natural hydrograph.
· Sufficient water quality and quantity such that normal reproduction, growth, and survival are not
inhibited.
· Few or no nonnative predatory (e.g., lake trout, walleye, northern pike, smallmouth bass;
inbreeding (e.g., brook trout); or competitive (e.g., brown trout) species present.
Effects to PCEs
The Project is located 0.5 mile upstream of the mouth of May Creek at Lake Washington. No in-water
work is proposed, and nearshore/offshore marine areas and estuaries are not present in or near the
Project area. The PCEs for Puget Sound Chinook, Coastal/Puget Sound steelhead, and Coastal/Puget
Sound bull trout relative to nearshore/offshore marine areas and estuaries will therefore not be affected
by the proposed Project.
The Project includes installing the new trail extension at grade partially within the mapped floodplain of
May Creek but above the water surface elevations for the 100-year event, which will 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. Freshwater spawning sites and water quality and quantity conditions will not be
affected as no new pollution generating surfaces are proposed.
The existing riparian vegetation provides nutrient inputs to the fluvial aquatic system and foraging
opportunities that support growth and maturation during salmonid life stages. The natural cover and
shade provided by the existing tree canopy will not be reduced, and the shrub understory will be
enhanced by removing invasive plant species and planting native trees and shrubs to supplement the
remaining native vegetation. The riparian and upland forest north of May Creek will be extended to the
edge of Wetland 7.2R by removing the dense blackberry shrub thicket and restoring a native
riparian/upland forest habitat.
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No indirect effects to PCEs are anticipated as the Project includes extending an existing pedestrian trial.
No new land developments are proposed or expected to result from the proposed project. Interrelated
and/or interdependent activities will not occur as a result of the proposed Project.
7.3 Direct and Indirect Effects to Other Listed Species
Marbled murrelets and other listed terrestrial and marine wildlife species will not be affected by the
proposed Project. No in-water noise impacts will occur during the Project that would affect marine
mammals. Marbled murrelets are not known to concentrate in Lake Washington for foraging, and no
known nests occur within 1 mile of the Project. Marbled murrelets are therefore not expected to be
affected by the proposed Project.
7.4 Direct and Indirect Effects to Floodplain Functions
This section includes an assessment of direct and indirect effects to floodplain functions as they relate to
ESA-listed species in the vicinity of the Project.
1. Water Quality: May Creek is a 303(d)-listed water by the Department of Ecology for temperature,
bacteria, and Benthic Index of Biologic Integrity (B-IBI). Water quality post-construction is not
expected to change as a result of the trail Project. No discharges of waste material to surface waters
in the area will occur, and existing stormwater drainage patterns will not change as stormwater will
continue to infiltrate into the soil. No new impervious surfaces will result from this Project, and no
changes to water temperature will result. Forest cover in the riparian corridor will increase in the
Project area.
2. Water Quantity: No changes to pre-project water patterns will occur as a result of this Project. The
trail will have a bark surface and will allow stormwater to infiltrate. The Project will not require any use
or of diversion of water from May Creek.
3. Flood Volumes: The proposed trail extension is located within the 100-year FEMA mapped
floodplain of May Creek but above the water surface elevations for the 100-year event. The trail will
be installed at-grade and will not result in a detectable effect on flood volumes, and thus the 100-year
floodplain will not be affected.
4. Flood Velocities: Flood velocities will not be increased by the proposed Project because the trail will
be installed at grade following the I-405 widening project. No impacts will occur outside the Project
area, and no impacts to flood velocities will occur.
5. Flood Storage Capacity: The Project includes installing the trail at grade, and will not result in the
loss of flood storage capacity in the floodplain of May Creek.
6. Spawning Substrate: The Project will occur in the riparian corridor of May Creek, and no in-water
work will be performed. The Project area does not impact in-stream spawning habitat for ESA-listed
species.
7. Floodplain Refugia: Some large wood exists within May Creek upstream of the Project area. Within
the Project site, no large wood will be removed nor will floodplain edge complexity be diminished.
Invasive plant species that will be removed will be replaced within the same growing season with
native woody plant species.
8. Riparian Vegetation: Forested areas border the May Creek channel within the Project area and
provide overhanging vegetative cover. Within the Project area, existing vegetation has minimal
engagement with the water surface as May Creek is somewhat confined by steep banks. The
vegetation replacement will continue to provide nutrients to the fluvial environment. Overhanging tree
canopy effects (shading, nutrient input, etc.) will not be affected, as riparian tree removal for the
Project has been avoided. Effects to subcanopy riparian vegetation will be temporary as these
functions will be restored within one growing season.
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7.5 Cumulative Effects to Primary Constituent Elements of Listed Species and
Floodplain Functions
No negative cumulative impacts to floodplain functions will occur. The proposal is a trail Project that will
be installed at-grade, and will improve the existing riparian functions that are currently hindered by
infestations of invasive plant species that prevent succession to a climax evergreen forest community.
Clearing of herbaceous and shrub species within the shoreline/stream/wetland buffer will be offset by
enhanced riparian functions in 1.6 acres of buffer habitat. The proposed Project will not result in
foreseeable future federal, state, tribal, local or private actions in the Project action area after the I-405
widening project is complete.
7.6 FEMA Floodplain Habitat Assessment Effect Determination
The proposed trail will occur in the riparian corridor of May Creek and will not affect flooding dynamics that
could otherwise impact instream habitat. The proposed Project may affect, but is not likely to adversely
affect (NLAA) listed salmonid species (Puget Sound Chinook ESU, Puget Sound steelhead), or their
habitat because the Project will not adversely affect existing floodplain functions or primary constituent
elements of these listed salmonids. Due to the lack of habitat and species presence, the Project will have
no effect (NE) on Puget Sound/Coastal bull trout. The 3,660 SF of impacts to the riparian forest
understory will be offset by removing invasive plant species and planting native woody vegetation across
1/3 acre in the buffer of May Creek and the adjacent wetlands.
7.7 Project Applicant Contact Information
Applicant: City of Renton, ATTN: Angelea Weihs Associate Planner, City of Renton
Contact: 1055 S. Grady Way Renton, WA 98057; (425) 430-7312
7.8 Fieldwork Dates and Report Author Qualifications
Fieldwork for this report was conducted on June 11, 2018.
Jeff Gray, PWS, is a wetland ecologist with nine years of experience performing environmental and
ecological investigations, and obtaining required approvals from regulatory agencies for public and
private projects. He holds a MS in Natural Resource Management and has performed freshwater and
coastal wetland delineations and determinations, developed and implemented mitigation plans, and has
prepared permit applications to multiple states and federal agencies.
Jeff has obtained Jurisdictional Determinations (JDs) and preliminary JDs to support Section 404/401
permit applications to the US Army Corps of Engineers, and has assisted on endangered and threatened
species and habitat field surveys. He has experience selecting, designing, and monitoring wetland
mitigation and streambank restoration sites; organizing In-Lieu-Fee payments for mitigation; writing
critical areas reports for local jurisdictions; delineating ordinary high water marks (OHWMs);
construction monitoring of stream restoration and freshwater/tidal wetland mitigation sites; and
providing documentation for Categorical Exclusions, EAs, and EISs in accordance with SEPA and NEPA
standards.
Stephanie Modjeski is a University of Washington certified wetland scientist and environmental
technician. Her experience includes wetland classification and delineation, plant identification,
ecological analyses, restoration and field botany, report writing, data collection, ArcGIS software,
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environmental permit application preparation, and environmental law. She prepares SEPA and NEPA
documentation, critical areas reports, and JARPAs and HPA applications. She has experience conducting
field botany plant identification, aquatic invertebrate collection and identification, and wetland and
buffer monitoring.
Kevin O’Brien, PhD, is a wildlife biologist and ecologist with 25 years of experience working in the fields
of ecology, zoology, and wildlife biology. Kevin holds a PHD in Zoology and BA in Biology. Kevin’s
experience includes conducting stream habitat surveys and wetland delineations; assessing vegetation
and wildlife habitat; assessing anadromous fish habitat and fish passage; collecting and performing
statistical analyses on data for insects, birds, and mammals; studying habitat fragmentation; and
conducting population and community-level ecological studies and experiments. One of Kevin’s primary
roles is to conduct impact and risk analyses for threatened and endangered species and designated
critical habitat, including analyses of direct and indirect impacts, interrelated and interdependent
effects, and cumulative impacts analyses. He regularly leads stream habitat assessment and analysis
efforts to provide information for baseline conditions in individual stream systems and at the broader
basin and watershed scale.
Kevin has extensive experience preparing Biological Assessments/Evaluations (BAs/BEs) to meet the
requirements of the Endangered Species Act (ESA) and is certified as a senior BA preparer through
WSDOT’s and ODOT’s qualification processes. He regularly prepares Environmental Impact Statements
(EISs)/ Environmental Assessment (EA) and NEPA Categorical Exclusions, as well as technical support
documents and discipline reports to meet SEPA/ NEPA guidelines, and is an expert at providing
the necessary environmental documentation for projects involving in-stream restoration design and
work in other environmentally critical areas.
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Chapter 8. References
City of Renton. 2018. Renton Municipal Code. Available online at
https://www.codepublishing.com/WA/Renton/, accessed on August 13, 2018.
Hruby, T. 2014. Washington State Wetland Rating System for Western Washington: 2014 update.
Washington State Department of Ecology Publication # 14-06-029. Olympia, Washington.
NRCS. 2018. Web Soil Survey. United States Department of Agriculture. Available online at
http://websoilsurvey.nrcs.usda.gov/., accessed July 23, 2018.
Otak, Inc. 2018. May Creek Trail Extension Critical Areas Review. Prepared for the City of Renton.
Washington Department of Natural Resources (WDNR). 2018. Forest Practices Application Mapping
Tool. Available online at https://fortress.wa.gov/dnr/protectiongis/fpamt/default.aspx, accessed on
July 23, 2018.
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S.
Environmental Protection Agency Region 10. 2006a. Wetland Mitigation in Washington State - Part 1:
Agency Policies and Guidelines (Version 1). Washington State Department of Ecology Publication
#06-06-011a, Olympia, WA.
Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S.
Environmental Protection Agency Region 10. 2006b. Wetland Mitigation in Washington State - Part 2:
Developing Mitigation Plans (Version 1). Washington State Department of Ecology Publication #06-
06-011b, Olympia, WA.
Washington State Department of Transportation (WSDOT). 2018. Wetland and Stream Assessment
Report, I-405, Renton to Bellevue Corridor- Milepost 4.0 – 13.7.
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Appendix A — Critical Areas Memo and Photo-log
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Technical Memorandum
To: Angelea Weihs, City of Renton
From: Jeff Gray, MS, PWS
Stephanie Modjeski, Wetland Biologist
Copies: Lori McFarland, Otak
Date: August 20, 2018
Subject: Critical Areas Review for the May Creek Trail Extension Project
Project No.: 032978
Introduction
This memorandum presents the findings of the critical areas survey for the May Creek Trail Extension Project
(project) in the City of Renton (City) in King County, Washington. Compliance with the Shoreline Master Program
Regulations at Renton Municipal Code (RMC) Chapter 4-3-090 will be required for the project, including no net
loss of ecological functions and consistency with applicable critical areas regulations at RMC Chapter 4-3-050.
Critical areas covered in this review include flood hazard areas, habitat conservation areas, streams and lakes,
and wetlands.
The proposed project includes a pedestrian trail extension from Jones Avenue NE to the existing May Creek Trail
west of Interstate 405 (I-405). The trail extension will be routed underneath I-405 along the north side of May
Creek. The portion of the proposed trail within Washington State Department of Transportation (WSDOT) right of
way (ROW) has already been authorized under LUA17-00808 SM, CAR, SMV. This critical areas review
memorandum is provided to support permitting for the trail sections outside of the WSDOT ROW. The entire
project will be constructed by WSDOT as a mitigation component of the I-405 widening. The portion of the trail
outside of the WSDOT ROW will be 6-feet wide and generally follow the existing ground elevations and alignment
of May Creek. In addition, the May Creek riparian buffer will be cleared of invasive plants and restored with native
woody vegetation to improve riparian habitat and ecological functions in the project area.
Wetland and stream delineations were completed in the project area by WSDOT in May 2016 for the I-405
widening project and documented in the Wetland and Stream Assessment Report, I-405, Renton to Bellevue
Corridor Milepost 4.0-13.7 (2018). The scope of this critical areas review includes verifying critical area
boundaries identified in that report for the project area.
Methods
Otak biologists conducted a site visit on June 11, 2018 to verify previous delineations and characterizations of
wetlands and streams by WSDOT, and assess potential impacts associated with clearing and grading within
critical areas. The project is located in Section 32, Township 24, Range 05 East of the Public Land Survey
System.
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Wetland boundaries were determined using methodology derived from the Regional Supplement to the Corps of
Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (USACE, 2010) and the
Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987). Vegetation communities, soil
profiles and site hydrology were assessed to identify and confirm wetland boundaries. Wetland determination data
forms were completed to document wetland presence/absence determinations and are included with this
memorandum.
The boundaries of streams within the project area were determined using methodology from Determining the
Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State (Ecology 2016).
Identification of ordinary high water mark (OHWM) was based on field indicators and stream physical
characteristics such as: line of vegetation, erosional or depositional features, changes in sediment and vegetation
characteristics, wracking, erosion/scour, and silt deposits.
Background Information Review
Otak completed a review of existing environmental information and data associated with the proposed trail
alignment, including available mapping from the City, King County, Washington Department of Fish and Wildlife
(WDFW), Washington State Department of Natural Resources (DNR), WSDOT, United States Fish and Wildlife
Service (USFWS), and the Natural Resource Conservation Service (NRCS). Background information maps are
included with this memorandum. The following WSDOT materials were reviewed:
▪Wetland and Stream Assessment Report, I-405, Renton to Bellevue Corridor Milepost 4.0-13.7, prepared by
WSDOT, dated January 2018.
▪JARPA figures for the I-403, Renton to Bellevue Project, prepared by WSDOT, dated November 8, 2017
The following online resources were also reviewed for additional background information, accessed on June 8,
2017:
▪City of Renton (COR) Map Viewer (http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps)
▪King County iMap (https://gismaps.kingcounty.gov/iMap/)
▪WDFW Priority Habitats and Species (PHS) on the Web (http://wdfw.wa.gov/mapping/phs/)
▪WDFW SalmonScape (http://apps.wdfw.wa.gov/salmonscape/map.html)
▪DNR Forest Practices Application Mapping Tool (https://fpamt.dnr.wa.gov/default.aspx)
▪USFWS National Wetlands Inventory (NWI) (https://www.fws.gov/wetlands/data/mapper.HTML)
▪United States Department of Agriculture- National Resource Conservation Service (USDA-NRCS) Web Soil
Survey (https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm)
▪FEMA Flood Map Service Center: https://msc.fema.gov/portal/home
Norma sandy loam is the only soil unit mapped within the project area by NRCS. Norma sandy loam that occurs
on floodplains is listed as a hydric soil. However, no wetlands are mapped within the project area per King County
iMap, WDFW PHS on the Web, or the NWI mapper. WSDOT maps one forested wetland (identified as Wetland
7.2R) north of the project site within shoreline jurisdiction. Wetland 7.2R is rated as Category III per the
Washington State Wetland Rating System for Western Washington – 2014 Update (Hruby 2014) and is assigned
a 75-foot or 125-foot wide buffer variably within the report. The City of Renton COR Map Viewer shows a wetland
in the same location of Wetland 7.2R that extends beyond May Creek to the south.
May Creek is listed as a Type S (shoreline) watercourse, and the project area is zoned as Urban Conservancy
per the City’s Shoreline Management Program. Type S watercourses have a standard buffer width of 200 feet
per RMC 4-3-090B (Regulated Shorelines). ESA-listed species that utilize May Creek include Puget Sound
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Chinook salmon (Oncorhynchus tshawytscha) Evolutionary Significant Unit (ESU) and Puget Sound/Coastal
steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS), but May Creek has not been designated
as critical habitat for either species. Per WDFW’s SalmonScape, other salmonid species documented within May
Creek include Sockeye and Coho salmon. Resident cutthroat trout (Oncorhynchus clarki) is also known to occur
in May Creek.
A Special Flood Hazard Area (100 year flood, Zone AE) is mapped on the north side of May Creek east of I-405
and is also shown on Flood Insurance Rate Map Panel 664 of 1700 (Map Number 53033C0664G). Sections of
the trail appear to be located within the mapped floodplain.
Results of the Field Survey
An informal dirt trail currently connects the existing May Creek Trail to Jones Avenue NE. The informal trail
follows the north side of May Creek beneath I-405 and extends through a thicket of Himalayan blackberry (Rubus
armeniacus) and reed canarygrass (Phalaris arundinacea) before connecting with Jones Avenue NE.
No wetlands or terrestrial habitat conservation areas were identified within the project area. The boundary of
Wetland 7.2R mapped by WSDOT is consistent with field observations. The wetland boundary was staked in the
field by Otak surveyors and verified by Otak biologists. The southernmost boundary of Wetland 7.2R is located at
the northern edge of the blackberry thicket generally along the tree line. Wetland 7.2R does not extend onto the
project area as indicated on the COR Map Viewer. Two data points (DP1 and DP2) were taken during the field
survey to document upland conditions in the project area north of May Creek. DP1 is located within the non-
forested Himalayan blackberry thicket, and DP2 is located at the top of bank of May Creek within the forested
riparian area. Both data points are shown on City of Renton Critical Areas Map included with this memorandum.
Wetland 7.2R is located within the 200-foot shoreline boundary of May Creek. The Category III rating of Wetland
7.2R was confirmed along with the habitat score of 5 (20-28 points using the 2004 wetland rating system). Per
RMC 4-3-090D.2.d.iv a Category III wetland with moderate wildlife function points (20-28 points) 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. Several of the
OHWM flags hung by WSDOT biologists in 2016 were still in place. The delineated OHWM was consistent with
field observations and previous mapping by WSDOT. May Creek is a Type S watercourse with a 200-foot wide
buffer.
The riparian buffer of May Creek and the buffer off the southern edge of Wetland 7.2R is dominated by invasive
plant species. A large Himalayan blackberry upland field is located immediately east of the I-405 underpass. The
banks of May Creek are forested with a dense understory of Himalayan blackberry, knotweed (Polygonum sp.),
bracken fern (Pteridium aquilinum) and reed canarygrass. Tree species within the project area include red alder
(Alnus rubra), big leaf maple (Acer macrophyllum), black cottonwood (Populus balsamifera spp. trichocarpa), and
non-native black locust (Robinia pseudoacacia).
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 Avenue 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 Avenue NE had flowing water at the time of the
field survey that discharged to the unnamed tributary. These features were determined to be outside of the project
area.
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Shoreline Management Plan and Critical Areas Regulations Review
The proposed trail extension project is located within shorelands regulated under the City’s Shoreline Master
Program. The project area is zoned as Urban Conservancy. Public trails over land are a permittable activity within
Urban Conservancy overlay district, provided that the use does not degrade the ecological functions or natural
character of the shoreline area (Table 4-3-090.E.1-Shoreline Use Table). Allowed activities in buffers of Category
III wetlands within shoreline jurisdiction include recreational or educational activities (e.g., trails), if the following
criteria are met [RMC 4-3-090D.2.d.ix(f)]:
(1) Trails shall not exceed four feet (4') in width and shall be surfaced with gravel or pervious material, including
boardwalks;
(2) The trail or facility is located in the outer fifty percent (50%) of the buffer area unless a location closer to the
wetland edge or within the wetland is required for interpretive purposes;
(3) The trail or facility is constructed and maintained in a manner that minimizes disturbance of the wetland or buffer.
Trails or facilities within wetlands shall be placed on an elevated structure as an alternative to fill;
(4) Wetland mitigation in accordance with subsection D2dx of this Section.
Use regulations for trails within the Urban Conservancy overlay district are described at RMC 4-3-090E.10(d):
i. Trails that provide public access on or near the water shall be located, designed, and maintained in a manner that
protects the existing environment and shoreline ecological functions. Preservation or improvement of the natural
amenities shall be a basic consideration in the design of shoreline trails.
ii. The location and design of trails shall create the minimum impact on adjacent property owners including privacy
and noise.
iii. Over-water structures may be provided for trails in cases where:
(a) Key trail links for local or regional trails must cross streams, wetlands, or other water bodies.
(b) For interpretive facilities.
(c) To protect sensitive riparian and wetland areas from the adverse impacts of at grade trails, including soil
compaction, erosion potential and impedance of surface and groundwater movement.
iv.Trail width and surface materials shall be appropriate for the context with narrow soft surface trails in areas of high
ecological sensitivity where the physical impacts of the trail and the number of users should be minimized with wider
hard-surfaced trails with higher use located in less ecologically sensitive areas.
Shoreline development shall result in no net loss of ecological functions and comply with Critical Areas
Regulations at RMC 4-3-050 unless otherwise specified. An impacts assessment and evaluation of mitigation
sequencing is required. Per RMC 4-3-090D.2.d.x(e), compensation for wetland buffer impacts shall occur at a
minimum 1:1 ratio. Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by
planting native species, removing structures and impervious surfaces within buffers, and other measures. A
Vegetation Management Plan is also required to maintain effective buffer conditions and functions (RMC 4-3-
090D.2.d.xii).
Per RMC 4-3-090F.1 (Vegetation Conservation), a vegetation conservation buffer width of 100 feet measured
from the OHWM of May Creek. Vegetation in the conservation buffer areas that are largely undistributed native
vegetation shall be retained except where the buffer is to be enhanced or where alteration is allowed. Removal of
noxious weeds and invasive species is allowed within the vegetation conservation buffer area.
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The proposed project 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 will increase the overall ecological functions in the shoreline
environment on site.
Encl. Background Information Maps for the Project Area, Site Photographs, Figure 1 (City of Renton Critical Areas Map), Existing
Buffer Exhibit
References
City of Renton COR Maps. 2018. Available at http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
Accessed June 8, 2018.
Cowardin, L.M., V. Carter, F. Golet, and E.T. LaRoe. 1979. Classification of wetlands and
deepwater habitats of the United States. FWS/OBS-70/31. 131 pp. Washington, D.C: U.S. Fish & Wildlife
Service, Office of Biological Services.
King County iMap. 2018. Available at http://gismaps.kingcounty.gov/iMap/ . Accessed June 8, 2018.
U.S. Army Corps of Engineers (USACE). 1987. Corps of Engineers Wetland Delineation Manual.
Technical Report. Y-87-1. Vicksburg, Mississippi: U.S. Army Corps of Engineers Environmental
Laboratory.
USACE. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual:
Western Mountains, Valleys, and Coast Region, Version 2.0, ed. J.S. Wakeley, R.W. Lichvar, and C.V.
Noble. ERDC/EL TR-10-3. Vicksburg, Mississippi: U.S. Army Engineer Research and Development
Center.
U.S. Department of Agriculture- National Resource Conservation Service (USDA-NRCS) Web Soil
Survey. 2018. Available at https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. Accessed June
8, 2018.
U.S. Fish and Wildlife National Wetlands Inventory. 2018. Available at
https://www.fws.gov/wetlands/data/mapper.HTML . Accessed June 8, 2018.
Washington Department of Natural Resources (WDNR). 2018. Forest Practices Application
Mapping Tool. Available online at https://fortress.wa.gov/dnr/protectiongis/fpamt/default.aspx, accessed
on June 8, 2018.
Washington Department of Ecology (Ecology). 2010. Determining the Ordinary High Water Mark
For Shoreline Management Act Compliance in Washington State– Revised October 2016. Ecology
publication #16-06-029. Olympia, WA.
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May Creek Trail Extension Critical Areas Review August 20, 2018
Washington Department of Fish and Wildlife Priority Habitats and Species (PHS) on the Web.
2018. Available at http://wdfw.wa.gov/mapping/phs/. Accessed June 8, 2018.
Washington State Department of Transportation. 2018. Wetland and Stream Assessment Report, I-405, Renton
to Bellevue Corridor, Milepost 4.0-13.7.
Background Information Maps for the Project Area
Map 1. City of Renton’s COR Map Viewer showing critical areas (wetlands and streams) in the approximate study area
(identified by the red polygon) for the project. Source: http://rp.rentonwa.gov/Html5Public/Index.html?viewer=CORMaps
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Map 2. NWI Map. Freshwater riverine habitat (May Creek) is shown flowing north underneath I-405. No NWI-mapped
vegetated wetland habitats exist within the project vicinity. Source: https://www.fws.gov/wetlands/data/mapper.HTML
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Map 3. WDFW Priority Habitats and Species Map. May Creek is shown flowing into Lake Washington. No wetlands or other
priority habitats or species are mapped within the project vicinity. Project location is represented by the red star. Source:
http://apps.wdfw.wa.gov/phsontheweb/
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Site Photographs
Photo 1. View west from near Jones Avenue NE of the informal trail leading through the blackberry thicket east of I-405.
Photo 2. View of the vegetation community at Data Point 1 (DP1). Reed canarygrass and blackberry dominate the
understory.
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Photo 3. View of the vegetation community at DP2, including a dense understory dominated by blackberry.
Photo 4. View west of riparian vegetation along May Creek east of I-405, including non-native species knotweed (Polygonum
sp.), Himalayan blackberry, and reed canarygrass.
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Photo 5. View north along Jones Avenue NE near the proposed trail terminus.
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Appendix B — WSDOT Wetland and Stream Assessment
Report
Available upon request –the size of the documentation does not allow for
inclusion in this Appendix
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Appendix C — Neighborhood Detail Map
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RECEIVED
Clark Close 01/31/2019
PLANNING DIVISION
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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
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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).
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 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.
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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
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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
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 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
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 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
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 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
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 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
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 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
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City of Renton Department of Community & Economic Development
May Creek Trail Extension Project
Staff Report to the Environmental Review Committee
LUA19-000015, ECF, SM
Report of April 22, 2019 Page 10 of 10
SR_ERC_Report_May_Creek_Trail_Extension_190422
archaeological materials on the surface or in the shovel probes. The Department of Archaeology and
Historic Preservation (DAHP) found “No Historic Properties Affected” in 2019 (Exhibit 24).
The initial study concluded that no further archaeological work was recommended based upon the
degree of previous ground disturbance and the absence of cultural materials in the shovel probes
excavated along the proposed trail. The report found that the potential for such discoveries remain as
the project is located in a high probability zone given its proximity to Lake Washington and ethnographic
associations. Thus the previous recommendation and the current recommendation by DAHP states that
in the event that archaeological or historic materials are discovered during project activities, work in the
immediate vicinity must stop, the area secured, and contact made with concerned tribes and DAHP for
further consultation.
Additionally, a village of the Duwamish tribe was probably located in the vicinity of the site, near the
Former Pan Abode property, which is located upstream of the current mouth of May Creek. The area
near the subject site is within the territory of the Duwamish, a Salish-speaking group predominant in the
Seattle area. The Duwamish lived in cedar longhouses in villages located on most of the larger bodies of
water in the central to southern portion of the Seattle area (Elliott Bay, Lake Washington, Lake Union,
Salmon Bay, and on the Duwamish, Green/White, and Cedar/Black Rivers). Historically the parcels may
have been influenced by fluctuations in lake levels overtime due to earthquakes and the lowering of
Lake Washington approximately nine (9) feet following construction of the Hiram Chittenden Locks and
the opening of the Lake Washington Ship Canal in 1916. Development within the vicinity of May Creek
and Lake Washington are more likely to be sites where significant historic and/or cultural resources
would be found. Therefore, staff recommends a mitigation measure that requires the applicant and/or
developer to stop work and immediately notify the City of Renton planning department, concerned
Tribes’ cultural committees, and the Washington State Department of Archeological and Historic
Preservation if any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are
found.
Mitigation Measures: If any Native American grave(s) or archaeological/cultural resources (Indian
artifacts) are found, all construction activity shall stop and the owner/developer shall immediately notify
the City of Renton planning department, concerned Tribes’ cultural committees, and the Washington
State Department of Archeological and Historic Preservation.
Nexus: RMC 4-3-090 Shoreline Master Program Regulations and SEPA Environmental Elements and
Regulations.
E. Comments of Reviewing Departments
The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments
have been incorporated into the text of this report and/or “Advisory Notes to Applicant” (Exhibit 26).
Copies of all Review Comments are contained in the Official File and may be attached to this report.
The Environmental Determination decision will become final if the decision is not appealed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680).
Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in
writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA
98057, on or before 5:00 p.m. on May 10, 2019. RMC 4-8-110 governs appeals to the Hearing Examiner and
additional information regarding the appeal process may be obtained from the City Clerk’s Office, Renton City Hall –
7th Floor, (425) 430-6510.
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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
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EXHIBIT 2
RECEIVED
Clark Close 01/31/2019
PLANNING DIVISION
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EXHIBIT 3
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EXHIBIT 4
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EXHIBIT 5
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EXHIBIT 6
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EXHIBIT 7
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EXHIBIT 8
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EXHIBIT 9
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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
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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
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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
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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
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EXHIBIT 14
RECEIVED
11/28/2017 cclose
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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
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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
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EXHIBIT 16
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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
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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-BFB3-4F15-8683-2D5C213694EBDocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
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-BFB3-4F15-8683-2D5C213694EBDocuSign Envelope ID: 32F0E6E8-96A0-4698-80F0-9953E97075BD
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?
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Sincerely,
Karen Stiritz
1800 NE 40th Street E302
Renton, WA 98056
425-444-0694
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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
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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
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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
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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
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EXHIBIT 21
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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
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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
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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)
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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