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HomeMy WebLinkAboutSR_ERC_Lake_to_Sound_Regional_Trail_150111DEPARTMENT OF COMMUNI .. AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: Project Name: Project Number: Project Manager: Owner: Applicant/Contact: Project Location: Project Summary: Exist. Bldg. Area SF: Site Area: STAFF RECOMMENDATION: January 11, 2015 Lake to Sound Regional Trail -Segment A LUAlS-000257, ECF, SSDP, S-CUP, S-V Kris Sorensen, Associate Planner City of Renton; City ofTukwila; Burlington Northern Santa Fe; Union Pacific King County Parks, Attn: Jason Rich, Capital Projects; King Street Center, 7'" Floor; 201 S. Jackson St; Seattle WA 98104 Black River Riparian Forest in City of Renton and Fort Dent Park in City of Tukwila The applicant is requesting SEPA Environmental Review, a Shoreline Conditional Use Permit, a Shoreline Variance, and a Shoreline Substantial Development Permit to improve an existing informal 1.2-mile trail within the cities of Tukwila and Renton with a 12-foot wide paved trail and new bridge over the Black River. The proposal is part of a larger 16-mile Lake to Sound Trail that links Lake Washington to Puget Sound. Additional approvals for the Tukwila portion of the trail are required. A Renton Shoreline Variance from RMC 4-3-090.D.2.d.ix.f is required for the trail areas located in wetland buffers because the proposal exceeds a 4-foot width and is paved. In Renton, the trail is located on city owned and railroad owned parcels that are zoned· Commercial Office (CO) and Resource Conservation (RC). In Tukwila, the trail is located on private and public parcels that are zoned Heavy Industrial (HI) and Low Density Residential (LDR) land use designation. The trail area within Renton is located in the Black River-Springbrook Creek 'Natural' shoreline and associated wetland buffers. Within Tukwila, the trail is located within the 200-foot Green and Black River shoreline buffer regulation areas. Parts of the trail are located in the 1995 FIRM Floodplain area. 1,500 cubic yards of grading and 3,000 cubic yards of fill are proposed. Trees would be removed along the trail alignment and within shoreline buffer areas. 98,297 square feet of mitigation and planting areas are proposed with native species. Other project elements include a new pedestrian crossing at Monster Road, undercrossings of railroad bridges, retaining walls, fences, signage, and stormwater improvements. Work would be limited to specific times of the year based on reducing impacts to nearby wildlife and overwater work for the new bridge. The project is anticipated to have no net loss of ecological function of the regulated shoreline areas as required by state, federal, and local regulations. Studies submitted include a Bridge Geotechnical Report, Vegetation and Wildlife Discipline Report, Critical Areas Report, Stream Discipline Report, Drainage Report, Endangered Species Act No Effect document, and NEPA Exemption. Construction work would begin in spring 2016 and is anticipated to last 12 months. N/A Proposed New Bldg. Area (footprint): 3.94 acres paved Proposed New Bldg. Area (gross): 5.26 acres w/ shoulder 1.2 mile length in Total Building Area GSF: 5.26 acres w/ shoulder Tukwila & Renton Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (DNS-M). ERC Report 15-000157 City of Renton Department of Community & Ee 1ic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Project Location PART ONE: PROJECT DESCRIPTION / BACKGROUND ronmental Review Committee Report LUAlS-000257, ECF, SSDP, S-CUP, S-V Page 2 of 13 King County, together with the Cities of Renton and Tukwila, Washington State Department of Transportation (WSDOT), and the Federal Highway Administration (FHWA), is proposing to develop an approximate 1.2-mile segment of what will ultimately be the 16-mile Lake to Sound Trail. There is an existing trail where the subject improvements but it is not fully improved to accessibility standards or with a paved surface. The 1.2-mile segment is referred to as Segment A of the Lake to Sound Trail. Segment A extends from the Starfire Sports Complex in Fort Dent Park to Naches Avenue SW. Most of the trail is within the City of Renton, with the municipal limit roughly between the two sets of railroad tracks west of Monster Road. The proposed trail is typically 12 feet of asphalt pavement bounded by two 2-foot-wide shoulders and 1-foot-wide clear zones, in accordance with American Association of State Highway and Transportation Officials' (AASHTO) guidelines. The trail section is 14,317 feet long and 12 feet wide for a total paved footprint area of 3.94 acres. With the addition of two-foot shoulders on either side, the trail footprint is 5.26 acres. Between Fort Dent Park and Monster Road, the trail alignment lies south of the Black River. The westernmost 600 feet of the proposed trail alignment is on maintained lawns associated with Fort Dent Park. It follows a dirt footpath that joins an existing dirt road beneath the railroad bridges for 650 feet. The 150 feet west of Monster Road is on existing paved surfaces. The proposed trail alignment crosses over the Black River using a new pedestrian bridge. The eastern three-quarters of the proposed trail alignment from Naches Avenue SW to Monster Road follows an existing gravel maintenance road south of the BNSF east-west railroad tracks and north of the Black River, along the northern perimeter of the Black River Riparian Forest, and within wetland buffer areas. The east trail terminus is located at a cul-de-sac on Naches Avenue SW near an office park. The project is estimated at about $3,000,000 and would take approximately 12 months to complete. No net loss of ecological functions is required as the trail improvements are located in the Black River and Green River shoreline jurisdictions within the cities of Tukwila and Renton. The proposed bridge crossing of the Black River also requires a no net loss of habitat functions necessary to sustain fish life for state approvals. Within Renton, wetland buffers in the Black River Forest Riparian area would be impacted and mitigated for. The proposed trail route is designed so that no wetlands would be impacted, that no construction activities would be below the Ordinary High Water Mark of any stream, and with an Endangered Species Act No Effects Determination. The applicant submitted multiple biological discipline reports describing impacts and mitigation of environmental impacts resulting in a no net loss determination for the project as a whole (Exhibit 4, page 2-12). The project is subject to federal funding through Washington State Department of Transportation and the Federal Highway Administration and therefore requires federal regulatory review in addition to local jurisdictional review by the Cities of Tukwila and Renton. Streams, wetlands, and other sensitive resources in the project vicinity area also subject to federal and state regulations (Exhibit 4, page 1-4). Approvals have been provided for National ERC Report 15-000257 City of Renton Department of Community & E ?ic Development LAKE TO SOUNO REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 ronmentaf Review Committee Report LUAlS-000257, ECF, SSOP, S-CUP, S-V Page 3 of 13 Environmental Policy Act, Section 106 of the National Historic Preservation Act, and Section 7 of the Endangered Species Act (Exhibit 18 and 27). Additional federal regulations or statutes that apply to the protection of vegetation and wildlife in the study area are the Endangered Species Act (ESA), Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Clean Water Act Sections 401 and 404. Federal evaluation of the presence of Essential Fish Habitat as required of the Magnuson Stevens Fishery Conservation and Management Act has occurred. State and local regulations that apply to the project include the Shoreline Management Act and critical areas ordinances for the Cities of Renton and Tukwila. The City of Tukwila requires separate shoreline permit approvals. Other approvals that may be required are a Hydraulic Project Approval (HPA) from Washington Department of Fish and Wildlife, a Clean Water Act (CWA) Section 404 permit from the U.S. Army Corps of Engineers (Corps), and a CWA Section 401 Water Quality Certification from the Washington State Department of Ecology (Ecology), as necessary. Comments were provided by the Muckleshoot Tribes Watersheds and Land Use Team. Initial comments from the Tribes, provided May 13, 2015 (Exhibit 11) asked that trees along the Green River not be removed, that all trees to be removed along the river be replanted at a minimum 2:1 ratio, that trees removed along the Black River be placed in the river, and information about how the proposal would ensure there are no conflicts with two WRIA 9 restoration projects near the confluence of the Green and Black Rivers. King County staff provided a response to the comments (Exhibit 26). Based on the applicant's response, the Muckleshoot provided additional comments December 28, 2015 (Exhibit 29) that ask for greater detail of how the trail route in Fort Dent was considered in regards to the WRIA 9 restoration projects and that further explanation of no net loss of riparian functions with respect to the proposed trees along the rivers be provided. Staff provided a response to the Muckleshoot on January 5, 2015 following discussion with the applicant (Exhibit 33). I 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 provide any updated geotechnical report for the Black River Bridge which shall be submitted as part of required building permit application. 2. The applicant shall be required to comply with the recommendations included in the Draft Geotechnical Report-Black River Bridge, prepared by HWA GeoSciences Inc, dated February 24, 2015, Exhibit 9, or any updated geotechnical report created for the project. 3. The applicant shall follow the bridge construction impacts avoidance measures as listed in Appendix C of the September 2015 No-Effects Determination for the Lake to Sound Trail -Segment A, Exhibit 27. 4. The applicant shall follow the planting plan or an updated planting plan and monitoring and of the Final Critical Areas Study Appendix E, prepared by Parametrix, dated April 2015, Exhibit 6. 5. If any Native American grave(s) or archaeological/cultural resources (Native American 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 Archeology and Historic Preservation. ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Environmental Review Committee Report LUAlS-000257, ECF, SSDP, S-CUP, S-V Report of January 11, 2015 C. Exhibits Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15: Exhibit 16: Exhibit 17: Exhibit 18: Exhibit 19: Exhibit 20: Exhibit 21: Exhibit 22: Exhibit 23: Exhibit 24: Exhibit 25: Exhibit 26: Exhibit 27: Exhibit 28: Exhibit 29: Exhibit 30: Exhibit 31: Exhibit 32: Exhibit 33: Exhibit 34: Exhibit 35: Exhibit 36: ERC Report 15-000257 Environmental Review Committee Report Zoning Maps -Cities of Tukwila Renton and Tukwila Shoreline Master Program (SMP) Vicinity Map Permit Narrative and Justification, prepared by Parametrix, dated April 2015 Page 4 of 13 Final Drainage Technical Information Report, prepared by Parametrix, dated April 2015 Final Critical Areas Report, prepared by Parametrix, dated April 2015 Stream Discipline Report, prepared by Parametrix, dated April 2015 Vegetation and Wildlife Discipline Report, prepared by Parametrix, dated April 2015 Draft Geotechnical Report -Black River Bridge, prepared by HWA GeoSciences lnct for Parametrix, dated February 24, 2015 Environmental Checklist, prepared by Parametrix, dated April 17, 2015 Agency Comment; Muckleshoot Tribes, email dated May 13, 2015 Agency Comment; City of Renton Department of Community Services, dated July 23, 2015 Project Vicinity Map Biological Assessment-Bridge, prepared by Parametrix, dated August 2015 Construction Mitigation Plan Lake to Sound, 16-mile Conceptual Regional Trail Corridor 60% Construction Drawings, prepared by Parametrix, dated April 2015 NEPA Exemption Determination, Washington State Department of Transportation document, dated September 12, 2012 and Addendum, WSDOT, dated November 3, 2015 Slopes Map, City of Renton Black River Bridge Location, Site and Exploration Plan, prepared by HWA GeoSciences, dated January 1, 2015 Wetlands Vicinity Map Stream and Wetland Buffer Impacts Maps Vegetation and Wildlife Study Area Map Project Drainage Basin Map Floodplain Map; 1995 DFIRM Response email to Muckleshoot Tribes Comments, email from Kris Sorensen, dated December 10, 201S Endangered Species Act No Effects Letter for Segment A, prepared by Parametrix, dated October 24, 2011 Endangered Species Act No Effects Letter for Segment A Pedestrian Bridge, prepared by Parametrix, dated September 30, 2011 Second Muckleshoot Tribes Comments, email December 28, 2015 Bridge Ground Improvements Limits, Plan, and Elevation Landscape Plan and Mitigation Plantings Plan Photos of Trail Route Response to Muckleshoot Comments #2, email from Kris Sorensen, dated January 7, 2016 Floodplain Impact Area WRIA 9 -Green/Duwamish and Central Puget Sound Watershed Habitat Plan Projects Advisory Notes City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 D. Environmental Impacts Environmental Review Committee Report LUAlS-000257, ECF, SSDP, 5-CUP, S-V Page 5 of 13 The Proposal was circulated and reviewed by various City Departments and Divisions ta determine whether the applicant has adequately identified and addressed environmental impacts anticipated ta occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely ta have the fa/lawing probable impacts: 1. Earth Impacts: Proposed earthwork consists of clearing, grading, and fill along the trail route and foundation work for the new non motorized bridge that would span the Black River. The proposed paved trail surface covers approximately 3.94 acres of area over its 1.2-mile length (Exhibit 4). The existing trail alignment is generally flat. The steepest area of the completed trail is approximately 5 percent for the approaches to the new bridge. The steepest slopes in the project vicinity are the slopes along the Black River and are identified between 40 and 90 percent slope according to City of Renton software (Exhibit 19). The applicant submitted a Final Critical Areas Report, prepared by Parametrix, dated April 2015 that evaluates the grading along the trail and also submitted a Draft Geotechnical Report-Black River Bridge, prepared by HWA GeoSciences Inc, dated February 24, 2015 that identifies earthwork associated with the new bridge (Exhibits 6 and 9 respectively). Grading along the non-bridge portion of the trail consists of approximately 0.72 acres outside the trail footprint (Exhibit 6, page 1-1). Grading is estimated at approximately 1,410 cubic yards of cut and 2,980 cubic yards of fill (Exhibit 17, sheets Cl to ClS). Much ofthe trail segment is already improved as a 10 to 12- foot wide gravel maintenance and-recreational trail within the Black River Riparian Forest. From the Forest, the trail is currently paved as it crosses Monster Rd SW and heads west towards railroad undercrossings where the existing trail becomes a dirt footpath and dirt road. The western most 600 feet of the trail is existing maintained lawn at Fort Dent Park. Earthwork is also required for the new bridge foundations on the north and south banks of the Black River to be located east of the existing Monster Rd S bridge (Exhibit 27 and Exhibit 30). The Geotechnical Report finds that the subsurface within the area of the proposed bridge supports is underlain by fill over loose alluvium, over medium dense alluvium, over Glacial Till or Bedrock, and are relatively deep, liquefiable soils that are prone to settlement and lateral spreading during a seismic event. According to the geotechnical report, suitable bearing material for bridge foundations was encountered at approximately 45 feet on the north bank and at 67 feet at the south bank (Exhibit 9, page 3, Subsurface Conditions). To establish the bridge foundations, approximately 60 soil columns would be constructed to stabilize a 16-foot by 35-foot area on the south side of the river and a 16-foot by 25-foot area on the north side of the river (Exhibit 27). Each column would be approximately 4 feet in diameter and extend 30 to 40 feet below existing grade. All ground improvements for the bridge are above the Black River Ordinary High Water Mark (OHWM). Drilling equipment is anticipated to remain upslope of the OHWM at all times. The Draft Geotechnical Report-Black River Bridge states the probability of catastrophic bridge failure and human life fatalities will be significantly small when the pile foundations combined with stone columns are used for the bridge support (Exhibit 9). Because the submitted report is a draft, staff recommends as a mitigation measure that the applicant provide any updated geotechnical report for the Black River Bridge as part of required building permit submittal. Staff also recommends a mitigation measure that the applicant be required to comply with the recommendations included in the Draft Geotechnical Report-Black River Bridge, prepared by HWA GeoSciences Inc, dated February 24, 2015 or any updated geotechnical report created for the project. Mitigation Measures: 1. The applicant shall provide any updated geotechnical report for the Black River Bridge which shall be submitted as part of required building permit application. ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report LUA1S-000257, ECF, SSDP, S-CUP, S-V Page 6 of 13 2. The applicant shall be required to comply with the recommendations included in the Draft Geotechnical Report-Black River Bridge, prepared by HWA GeoSciences Inc, dated February 24, 2015 or any updated geotechnical report created for the project. Nexus: SEPA Environmental Regulations, Renton Shoreline Master Program RMC 4-3-090, and Tukwila Shoreline Regulations TMC 18.44. 2. Water a. Wetland, Streams, Lakes Impacts: The trail alignment is proposed through six wetlands within the City of Renton and within the shoreline jurisdictions of the Green River and Black River in the City of Tukwila and the Black River within the City of Renton. A total of 1.31 acres of wetland buffers and stream buffers would be permanently and temporarily impacted by the proposal. There are no construction activities within 25 feet of the Green River or below the OHWM of the Black River so no temporary or permanent stream impacts are anticipated as long as best management practices are followed during bridge construction (Exhibit 27, page A-9). The applicant submitted two reports specific to impacts of wetlands and the rivers/streams associated with the project: a Stream Discipline Report, prepared by Parametrix, dated April 2015 (Exhibit 7), and a Final Critical Areas Report, prepared by Parametrix, dated April 2015 (Exhibit 6). Additional analysis of wetland and stream impacts is provided through the two submitted Endangered Species Act (ESA) No Effects Documents (Exhibits 27 and 28). No trail or construction work is proposed through wetlands (Exhibit 6, page 4-1). The applicant proposes mitigation plantings and revegetation of areas within the project as part of overall project mitigation. The mitigation planting plans are described in the "Vegetation" report subsection of this staff report. Permanent and temporary impacts to wetland buffers would occur. The area of permanent impacts to wetland buffers is approximately 0.49 acres (21,321 square feet). The area of temporary impacts to wetland buffer during construction is approximately 0.12 acres (5,302 square feet) (Exhibit 6, page 4-1 and Exhibit 22). These areas would be graded and existing vegetation and trees would be removed. The submitted Stream Discipline Report identified the potential stream impact area as within 200 feet of the Green and Black Rivers to cover the shoreline jurisdictional areas of the cities of Tukwila and Renton (Exhibit 7, page 3-1). The Black River Riparian Forest is also included because the forest is regulated as a shoreline within the City of Renton. The area of permanent impact of stream buffers is approximately 0.73 acres (31,641 square feet) although 0.13 acres overlaps with impacted wetland buffers and was assigned to the wetland section for impact analysis. About 0.40 acres of the permanently impacted stream buffer area is already permanently impacted by pavement, gravel, or other impervious surfaces (Exhibit 28, page 7). Temporary impacts to stream buffers would occur due to clearing and grading and may occur from potential erosion, sedimentation, and noise disturbance during construction. The total amount of temporarily impacted stream buffer is anticipated at about 0.10 acres (4,455 square feet). The Stream Discipline Report states that because the portions of the affected buffer are already degraded and that these areas would be replanted once construction is complete, temporary clearing along the streams are not expected to have a substantial effect on stream habitat or fish resources (Exhibit 7, page 4-2). All proposed bridge components would be designed and installed in accordance with the provision of the Hydraulic Project Approval (HPA) (Exhibit 7). The HPA review and approval is provided by the Washington Department of Fish and Wildlife (WDFW). The permit requires that no net loss of habitat functions necessary to sustain fish life and that unavoidable impacts be addressed through compensatory mitigation of the bridge project. The proposed prefabricated steel girder pedestrian bridge is approximately 109 feet long and 14 feet wide. Bridge construction sequencing is proposed as construction of the foundation system, lifting the preconstructed bridge on a crane onto the foundation. The crane would operate from the level area above the Black River bank crest (Exhibit 14, page 1-7). Bridge work is anticipated to begin in May of 2016 and is expected to last approximately 5 months with over-water work expected to be accomplished ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report WAlS-000257, ECF, SSOP, S-CUP, S-V Page 7 of 13 in approximately two weeks (Exhibit 27, page 11). Impact avoidance and project minimization measures for the bridge construction are provided in the No Effect Documentation for ESA·listed Species and Critical Habitat document (Exhibit 27, page C-1). The outlined measures cover bridge design, bridge installation, equipment use, construction materials, and containment. Staff recommends as a mitigation measure that all of the bridge related impact avoidance measures be followed by the applicant as listed in the No Effect Documentation for ESA-listed Species and Critical Habitat document Appendix C (Exhibit 27). A Hydraulic Project Approval (HPA) from the state Department of Fish and Wildlife is required by the state for overwater work for the bridge crossing of Black River and any conditions of the HPA are required to be followed. The Muckleshoot provided comment that a WRIA 9 restoration project at the confluence of the Black and Green Rivers may be impacted by the proposed trail (Exhibit 29). This project is known as LG-17 and is part of the WRIA 9 plan for the area (Exhibit 35). Project LG-17 consists of restoration of a 50 feet width riparian area along the bank of the Black River from the Black River Pump Station to the confluence with the Green River. The applicant provided a response that portions of the restoration project within Renton would be restored as part of this project, approximately 21,330 square feet from the City of Renton line to the Monster Rd Bridge, and that the riparian area along the trail corridor could potentially be fenced as part of the project to limit trail users from accessing the area (Exhibit 33). Mitigation Measures: 1. The applicant shall follow the bridge construction impacts avoidance measures as listed in Appendix C of the September 2015 No-Effects Determination for the Lake to Sound Trail -Segment A, Exhibit 27. Nexus: SEPA Environmental Regulations, Renton Shoreline Master Program RMC 4-3-090, and Tukwila Shoreline Regulations TMC 18.44. b. Ground Water Impacts: Ground water was observed in the areas of the new Black River bridge crossing during boring drilling at a depth of approximately 13.5 feet on the north bank and 19 feet below the existing ground surface on the south bank and due to the relatively high permeability of the fill soils and silty sand, it is expected that ground water levels are reflective of the river level (Exhibit 9, page 4). According to the submitted geotechnical report, because of relatively high permeability of the fill soils and silty sand, it is expected that ground water levels will be reflective of river level (Exhibit 9). The project Environmental Checklist states that no groundwater will be withdrawn and no water would be discharged to ground water (Exhibit 10, pages 8-9) as a part of the project. A review of nearby non project sites was evaluated for potential contamination of the project area in the WSDOT NEPA documentation (Exhibit 18). The evaluation found that the risk of encountering contamination from regulated and observed facilities, located adjacent to the proposed project corridor, is low. Mitigation Measures: None. Nexus: Not applicable. c. Storm Water Impacts: No permanent impacts are anticipated from stormwater runoff once the trail project is complete (Exhibit 5, page 3-3). Some grading work will impact the 100-year floodplain where the trail alignment is located within the flood hazard area. The applicant submitted with the project application a Final Technical Information Report (TIR) for Drainage and Floodplain, prepared by Parametrix, dated April 2015 (Exhibit 5). Additional floodplain analysis specific to the new bridge is provided in the Biological Assessment, prepared by Parametrix, dated August 2014 (Exhibit 14). The TIR states that stormwater from the completed paved trail would sheetflow and be infiltrated or intercepted by vegetated areas between the trail and waterbodies along the trail. No impacts to the hydrology of the Green River or Black River would result from ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report WAlS-000257, ECF, SSDP, S-CUP, S-V Page 8 of 13 operation of the project. The project would not add any pollution-generating impervious surface that could contaminate or change water quality ofthe nearby streams (Exhibit 7, page 4-2). Portions of the trail route are located within the 100-year floodplain area in both the cities of Tukwila and Renton and the net impact of the proposal would be more excavated area than fill (Exhibit 25). Approximately 1,050 feet of the trail alignment near the western end (Tukwila side) of the proposed trail corridor would be below the elevation of the 100-year floodplain (Exhibit 6, page 4-21). The majority of the existing trail alignment is elevated above the floodplain. The proposed bridge and abutments are designed to be above the 100-year floodplain elevation with the bottom of the bridge approximate 6 feet above the floodplain elevation. In the areas where the trail is below floodplain elevation, approximately 217 cubic yards of fill will be placed and approximately 242 cubic yards of excavation is proposed (Exhibit 5, page 6-1 and Appendix F, and Exhibit 32). Within Tukwila, approximately 115.64 cubic yards of fill and 5.47 cubic yards of excavation are proposed within the floodplain. Within Renton, approximately 100.89 cubic yards of fill and 236.39 cubic yards of excavation are proposed within the floodplain. The net result for the project is approximately 25 cubic yards of material excavated from below the floodplain elevation (Exhibit 5, page 6- 1). Mitigation Measures: None. Nexus: Not applicable. 3. Vegetation Impacts: Permanent and temporary impacts of existing vegetation would occur along the trail alignment, within stream and wetland buffer areas, and through the removal of trees. Approximately 150 trees are proposed for removal. The applicant submitted reports specific to analysis and impacts of vegetation, critical areas, and critical habitat for fish: a Vegetation and Wildlife Discipline Report, prepared by Parametrix, dated April 2015 (Exhibit 8), a Final Critical Areas Report, prepared by Parametrix, dated April 2015 (Exhibit 6), and two ESA No Effect Determination documents, prepared by Parametrix, dated September 2015 and October 2011 (Exhibits 27 and 28). The ESA documents found that the trail improvements and bridge would have no effect on ESA-listed species or critical habitat. Temporary impacts of vegetation are anticipated to be limited to the areas along the trail. Trees and lower vegetation would be cleared along the trail as identified on the submitted clearing plan (Exhibit 17). The Final Critical Areas Report states that trail construction is not expected to reduce species diversity or result in a substantial reduction in plant cover within the critical area buffers (Exhibit 6, page 4-1). All temporarily affected areas would be restored to pre-construction conditions and would be re-planted or seeded with native species. Mitigation plantings and restoration areas along the project alignment are proposed to offset the permanent impacts of the lost vegetation and functions and values of the shoreline and project areas. The proposed plantings along the trail, mitigation plantings, conservation area plantings, and tree replacements for the project are proposed to help offset impacts within the shoreline and critical areas. Vegetation in temporarily affected areas would likely return to a state resembling pre-construction conditions within a few growing seasons after the completion of construction. The City of Renton has provided specific requests of the applicant for plantings of native plants along the trail segment within Renton that include submitting a landscape plan for areas cleared along the trail (Exhibit 12). As part of the project shoreline permit, staff will recommend that the applicant submit a landscape plan for the City of Renton Community Services to review and approve. Within Fort Dent Park within Tukwila, approximately 20 deciduous and fir trees with trunks larger than 4 inches in diameter would be cleared for trail construction (Exhibit 6, page 4-1). Other trees may be affected by disturbance of understory vegetation within the areas shaded by the trees' canopies, or through root compaction by construction activities. Because these trees are located within the shoreline zone for the Green River, trail construction would be subject to the requirements of a Tree Clearing Permit per TMC 18.54.070. This permit would identify all affected trees, along with the measures that would be ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUNO REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report WA15-000257, ECF, SSOP, S-CUP, S-V Page 9 of 13 implemented to protect them. Any tree larger than 4 inches diameter that is removed within the City of Tukwila would be replaced with one or more new trees, based on the replacement ratios in TMC 18.54.130(3). The City of Renton has determined that all trees within 10 feet of the paved edge of the trail should be removed, as should all cottonwood trees within 20 feet of the paved edge of the trail, for the protection of public safety and the trail surface (Exhibit 12). In total, approximately 129 trees would be removed within the City of Renton, primarily consisting of cottonwoods (Exhibit 6, page 4-1). Approximately 53 of the trees proposed for removal are between 6 inches and greater in diameter including 16 cottonwoods. Most of the trees proposed for removal in the City of Renton are within the regulatory buffers of streams and/or wetlands. As discussed in the Final Critical Area Study (Parametrix 2015a) and summarized below, compensatory mitigation for the loss of trees in these areas would focus on enhancing ecological functions and to provide equal or greater functions than would be affected by the project. All cleared trees adjacent to the Black River Riparian Forest larger than 6 inches in diameter, whether they are inside or outside of a regulatory buffer, would be replaced by new trees at a ratio of 1:1 or greater. The Muckleshoot Tribes provided comments regarding the no net loss assessment for the project especially with the removal of mature trees within the shoreline areas (Exhibits 11 and 29). They request that trees should be replanted at a minimum 2:1 ratio to improve riparian functions along the rivers. The Muckleshoot also asked if trees to be removed as part of the project can be added to the Black River as partial mitigation for the loss of future wood recruitment function. King County has provided response that the request for a 2:1 ratio can be accommodated but there are no plans for placing wood debris in the Black River as mitigation because the project and proposed mitigation provides for no net loss of ecological processes and functions of the shoreline areas (Exhibit 26). The number of trees to be planted in the City of Renton as part of the project is approximately 900. The proposed deciduous and evergreen trees are a mixture of Bigleaf Maple, Paper Birch, Sitka Spruce, Douglas Fir, Pacific Willow, Sitka Willow, Western Red Cedar, and Vine Maple. The City of Tukwila does not specify required compensatory mitigation ratios for impacts to wetland buffers or stream buffers. Any trees with trunks larger than 4 inches in diameter that are removed within sensitive areas or shoreline zones in the City of Tukwila would be replaced as prescribed by TMC requirements. The subject proposal includes multiple replanting areas for project mitigation impacts, screening for the heron colony, and as part of shoreline buffer conservation (Exhibit 31). The Final Critical Areas Study states that this type of mitigation would offset the project's impacts on stream resources by maintaining or enhancing those riparian functions that support water quality and fish habitat (Exhibit 6, page 5-4). The Critical Areas Study further states that the riparian functions that would benefit from mitigations include LWD recruitment, stream temperature regulation, bank stability, leaf litter recruitment, and water quality functions. All planting areas are proposed within the City of Renton. In total, these planting areas are approximately 98,297 square feet of area (2.26 acres). Three mitigation planting areas are proposed that total 48,768 square feet and are located on the Black River banks and in the north-central area of the Black River Riparian Forest area. Two shoreline buffer vegetation conservation areas of approximately 42,741 square feet are proposed to be replanted on the north and south banks of the Black River. A screening planting area is proposed of approximately 6,788 square feet to provide fuller screening of the heron colony from the trail route. All areas are to be planted with native tree and shrubs species (Exhibit 31). A maintenance and monitoring plan for the plantings was submitted with performance and contingency measures as part of a 5-year reporting period following installation (Exhibit 6). Based on the submitted Final Critical Areas report and mitigation plan proposed, staff recommends a mitigation measure that the applicant be required to follow the proposed or future updated planting plan and monitoring and maintenance provided in the Final Critical Areas Study Appendix E, prepared by Parametrix, dated April 2015. Mitigation Measures: ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report LUA15·000l57, ECF, SSDP, S-CUP, S·V Page 10 of 13 1. The applicant shall follow the planting plan or an updated planting plan and monitoring and of the Final Critical Areas Study Appendix E, prepared by Parametrix, dated April 2015, Exhibit 6. Nexus: SEPA Environmental Regulations, Renton Shoreline Master Program RMC 4-3-090, and Tukwila Shoreline Regulations TMC 18.44. 4. Wildlife Impacts: A Vegetation and Wildlife Discipline Report was submitted with the application, prepared by Parametrix, dated April 2015, and provides analysis of anticipated impacts to non-fish wildlife (Exhibit 8). A Final Critical Areas Report was submitted with the application, prepared by Parametrix, dated April 2015, and provides analysis of anticipated impacts to special status fish and habitat (Exhibit 6). The applicant also submitted an ESA No Effects Document evaluation (Exhibit 27), which evaluate impacts of regulated fish. Essential fish habitat was assessed in the No Effects document and it was determined that the project and new bridge would not have an adverse effect on the ESA listed fish and their critical habitat (Exhibit 27). Staff has recommended a mitigation measure in the "Water" report subsection that the project follow the recommend avoidance actions in the submitted Biological Assessment to reduce potential impacts to fish and water. These avoidance actions include construction best management practices, a temporary erosion and sediment control plan in compliance with the Regional Road Maintenance ESA Program Guidelines, SPCC plan, and requirements and conditions specified in the HPA issued by WDFW. The trail project alignment is home to more than SO species of birds including osprey, red-tailed hawk, bald eagles, a variety of songbirds, and a colony of great blue herons that has actively nested in the Riparian Forest every year since 1986 (Exhibit 10, page 10). Data from the WDFW indicate that the Black River Riparian Forest is also used by many waterfowl species, including bufflehead, mallard, gadwall, wigeon, scaup, and green-winged teal. Mammals present in the area are likely to include coyotes, raccoons, beavers, mice, voles, and moles. Reptiles and amphibians that use the project area habitats include garter snakes, Pacific chorus frogs, and long-toed salamanders. Impacts to area wildlife and habitat would occur due to construction and increased use and activity of humans of the corridor. The Vegetation and Wildlife Discipline Report assessed the potential for project- related noise and human activity to disturb sensitive wildlife species up to 1,300 feet from the trail alignment based on published guidelines to avoid disturbance to sensitive species that may occur in the project vicinity. The degree of disturbance during construction would depend on the noise level, the timing and during of construction activities, and the sensitivity of individual animals. Construction activity is expected to begin in late spring 2016 and likely be completed within 12 months (Exhibit 8, page 4-3). Clearing in spring and summer may damage or destroy the nests of migratory birds. The Vegetation and Wildlife Report states that wildlife sensitive to disturbance would likely avoid the area during construction in the short-term and not likely influence the long-term viability of wildlife in the project corridor area (Exhibit 8, page 4-3). Much of the project area is already graveled or well worn dirt pathways and any permanent loss of habitat along the project corridor is not expected to reduce species diversity or result in a substantial reduction in habitat availability. Also, within wetlands in the study area, no temporary or permanent impacts are anticipated and therefore local populations of wetland dependent wildlife species are not expected to be affected by the project (Exhibit 10, page 4-3). There may be adverse effects on sensitive wildlife as the frequency of use and increase in numbers of users are expected on the trail with full operation and use of the trail following construction. Trash may also increase along the corridor and can attract wildlife species such as crows, jays, and/or mammals that could in-turn create impacts. Bald eagle, great blue heron, and pileated woodpecker are special-status wildlife species that have been observed in the project area and special-status wildlife that may occur (not observed) are Western toad, Peregrine Falcon, and Townsend's big-eared bat. Special-status species include (1) species listed as endangered or threatened under the ESA, (2) species that are candidates or proposed for listing under the ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report LUAlS-000257, ECF, SSDP, S-CUP, S-V Page 11 of 13 ESA, (3) species listed by WDFW as endangered, threatened, candidate, or sensitive, and (4) other species for which critical habitat areas are designated by the City of Renton or for which fish and wildlife habitat conservation areas are designated by the City of Tukwila. Analysis of impacts to the Western toad, Peregrine Falcon, and Townsend's big-eared bat are provided in the submitted Vegetation and Wildlife Report (Exhibits 8). A summary of potential impacts to bald eagles, herons, Chinook salmon, and bull trout are provided below. Bald Eagles: The Vegetation and Wildlife Report states that the project would not be expected to affect the availability of suitable habitat for bald eagles in the study area (Exhibit 8, page 4-3). No trees proposed to be removed by project construction are suitable for bald eagle nesting, roosting, or perching. The nearest bald eagle nest is more than 1,000 feet from the trail. Construction noise and activity has the potential to disturb foraging activities in the Black River Riparian Forest and there are other readily available areas for foraging in the general vicinity and along nearby bodies of water (Exhibit 8, page 4-4). Long-term, the USFWS says that non-motorized recreational activities greater than 330 feet from active bald eagle nests are unlikely to disturb nests (Exhibit 8, page 4-11). Blue Heron: Although not a state-listed or ESA-listed species in Washington, the great blue heron is a species of special concern in British Columbia due to declining productivity. For many years, the Black River Riparian Forest supported one of the largest breeding colonies of great blue herons in Washington State, with more than 100 nests distributed throughout much of the forested area. For much of that time, the greatest density of nests was near the eastern edge of the lagoon above the Black River pump station, near the confluence with Springbrook Creek. Portions of the trail alignment north of the Black River pump station are approximately 250 to 500 feet from stands that have been used as pre-nesting congregation areas. No vegetation clearing would take place in forested stands within or immediately adjacent to the Black River nesting heron colony during for trail construction. Herons could possibly be impacted due to their sensitivity of trail use (Exhibit 8, page 4-10). The potential for disturbance to nesting herons would be minimized by the distance from the trail and continued vegetated buffer screening between the colony and trail. The selected location of most of the trail alignment, at the edge of the Riparian Forest and adjacent to currently developed areas reduces the likliehood that nesting birds would perceive the trail use as a new disturbance according to the Vegetation and Wildlife Report (Exhibit 8, page 4-10). Improvements to the existing trail could allow for an increase in heron observers determined to get close to the colony. WDFW recommends a year-round buffer of 656 feet around nesting colonies and seasonal buffer of 1,312 feet. Grading, construction, and vegetation clearing are discouraged within the year-round buffer and loud activities are discouraged from February to September in the seasonal buffer area. WDFW provides a number of management recommendations for the colony. The effects of grading and construction could be visible to nesting herons-as they fly in and out of the nesting colony. Noise from construction machinery may be audible within the colony site. Sudden, loud noises may frighten birds off nests, rendering eggs and young more vulnerable to predation. Such disruptions may diminish reproductive success during the season in which they occur, and could contribute to abandonment of nests or even of the colony. Also, the additional noise sources could exacerbate stress levels for a nesting colony that has been subject to noise and other disturbance from ongoing activities at the concrete recycling plant and light industrial development nearby. The average maximum noise levels associated with trail construction equipment would not exceed 83 decibels or the 92-decibel threshold that defines unusually loud activities according to WDFW's management recommendations. Nevertheless, to minimize the potential for disturbance to breeding herons, activity restrictions would be implemented for trail construction between January 15 and August 31. Fish: Fish habitat and fish are present in both the Green River and Black River areas where the project is located. Fish habitat and fish presence and potential impacts to fish along the project alignment are described in the submitted Final Critical Area Study, prepared by Parametrix, dated April 2015 and the two ESA No Effect Determination documents, prepared by Parametrix, dated September 2015 and October 2011 (Exhibits 27 and 28). The ESA No Effect Determination document for the whole project excluding the new ERC Report 15-000257 City of Renton Deportment of Community & Economic Development LAKE TO SOUND REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report LUAlS-000257, ECF, SSDP, 5-CUP, S-V Page 12 of 13 bridge states that the project will have no effect upon designated critical habitat for Chinook salmon or bull trout, and Puget Sound Steelhead and that the project will not adversely affect Essential Fish Habitat (Exhibit 27, pages 10-11). The ESA No Effect Determination document for the new bridge states that the project will have no effect on ESA-listed species or critical habitat {Exhibit 28). Mitigation Measures: None. Nexus: Not Applicable. 5. Parks and Recreation Impacts: The subject project would impact park systems of both cities by improving the trail systems at Fort Dent Park in Tukwila and in the Black River Riparian Forest within Renton. The Black River Riparian Forest is approximately 94 acres of wetlands, shoreline, and natural areas with an established trail system. Fort Dent is approximately 54 acres with soccer fields, a playground, picnic area, and other park amenities and includes the privately run Starfire Sports Complex. A new connection to the regional Green River Trail would be created at Fort Dent. No temporary closures of the Green River Trail are anticipated during project construction. The existing trail currently receives low levels of use for walking, running, bicycling, pet exercise, and bird-watching. The uses would likely be increased through proposed project improvements. The Black River Riparian Forest recreation and natural area was acquired with a variety of funding sources including a grant from what is now the Washington State Recreation and Conservation Office (RCO). King County consulted with RCO to ensure the consistency of the subject trail corridor project with the intent of the grant. RCO confirmed that the grant program encourages public access to wildlife areas and the trail is consistent with the grant. Segment A would become part of a larger planned system that would serve employment and residential centers in South King County and connect to regional trails in Seattle and the greater regional trail system network. Segment A provides a much needed improved trail connection between the regional growth centers of Renton and Tukwila and safe passage under the heavy railroad lines. Mitigation Measures: None. Nexus: Not Applicable. 6. Historic and Cultural Preservation Impacts: The trail alignment passes through the boundaries of the White Lake historic and cultural site. The White Lake site is located on the south bank of the Black River at its confluence with the Green River. The applicant conducted a cultural resource survey found no evidence of the archaeological site during field investigations {Exhibit 10, page 16). The submitted Environmental Checklist states that although no historic properties were found in the investigation, the western portion of the project area is nonetheless considered sensitive for the presence of precontact archaeological resources because of the White Lake site and other known ethnographic villages {Exhibit 10, page 16-17). Excavation to construct the trail within archaeological site boundaries is anticipated to be minimized as designed and is not proposed to exceed 9 to 12 inches within the construction area. Staff recommends a mitigation measure that if any archeological/cultural resources are found that construction stop and the applicant contact the City of Renton Planning Division, concerned Tribes' cultural committees, and the Washington State Department of Archeology and Historic Preservation. Mitigation Measures: 1. If any Native American grave(s) or archaeological/cultural resources {Native American 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 Archeology and Historic Preservation. Nexus: SEPA 7. Transportation ERC Report 15-000257 City of Renton Department of Community & Economic Development LAKE TO SOUNO REGIONAL TRAIL -SEGMENT A Report of January 11, 2015 Environmental Review Committee Report WAlS-000257, ECF, SSDP, 5-CUP, 5-V Page 13 of 13 Impacts: The subject 1.2-mile trail project would improve a non-motorized corridor through South King County. The subject Segment A of the Lake to Sound regional route would establish a new street crossing over Monster Rd S, a stream crossing over the Black River, and improve the safety of under crossings of functioning railroad lines. The project could result in the reduction of the number of vehicles and bicyclists using the streets by transitioning some drivers into trail users. The trail would connect Naches Ave SW in Renton to Fort Dent Park, Starfire Sports Complex, and the Green River Trail in Tukwila. A new signalized crossing would be installed for trail users to cross Monster Rd S. Traffic that uses the arterial would be slowed and stopped at the new signal. For the trail to cross the Black River, an improvement of the existing Monster Road Bridge was considered, but ultimately a new 114-foot non-motorized bridge is proposed to cross the Black River just east of the Monster Road Bridge. Crossing of the existing bridge was deemed unsafe due to the structural integrity of the existing structure. No new motor vehicle trips per day would be generated by the subject project (Exhibit 10, page 17). Trail users are anticipated to access the trail from residences, places of employment, or from the existing Fort Dent and Black Forest parks areas. Vehicular parking would not be added or eliminated. Existing parking for trail users would be available at Fort Dent and around the Black River Riparian Forest area. The trail alignment requires railroad under crossings in both City of Renton and City of Tukwila just west of Monster Road, on the south bank of the Black River, where the two elevated railroad bridges cross the Black River heading north-south. Burlington Northern Santa Fe Railroad Company has requested that the trail potentially be covered within 30 feet of the overhead railroad bridges to prevent debris from falling on trail users. If required, the cover would be approximately 12 to 14 feet above the trail for vertical clearance and safe passage of trail users (Exhibit 10, page 15). King County is coordinating with the railroad companies regarding design features to protect the railroad operations and railroad property. Trail right-of-way acquisition from the railroad companies is proposed by King County to be done following environmental review and prior to trail construction for the north-south railroad lines. No acquisition of railroad owned property is needed along the east-west railroad corridor that runs just north of the proposed trail alignment in the northerly area of the Black River Riparian Forest. Mitigation Measures: None. Nexus: Not applicable. 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 36). >I' 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 January 29, 2016. 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 - 7'h Floor, (425) 430-6510. ERC Report 15-000257 <Jl Notes None 953 S 133rd St \ \ \ . \ Fort Deni Parle '\ 0 477 953 Feet WGS_ 1984_Web_Mercator_Aux1l1ary _Sphere r;h,nfD~{; ~-llLUJl( __ ;, Finance & IT Division City of Renton Zoning EXHIBIT% Legend City and County Boundary Other [. ! 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