HomeMy WebLinkAboutD_Thunder_Hills_Mitigation_Fish_Barrier_Retrofit_120322�City of
DEPARTMENT OF COMMUNITY.,
AND ECONOMIC DEVELOPMENT '- =� r
ADMINISTRATIVE VARIANCE REPORT & DECISION
A. SUMMARYAND PURPOSE OF REQUEST
REPORT DATE: March 22, 2012
Project Name: Thunder Hills Mitigation Fish Barrier Retrofit
Owner: City of Renton
1055 South Grady Way
Renton, WA 98057
Applicant: Denise Cieri, Deputy Project Director, Eastside Corridor
1-405 Corridor Project Office
WSDOT
600 108'h Ave NE, Suite 405
Bellevue, WA 98004
Contact: Bonnie Lindner, Permit Lead
HDR Engineering, Inc.
500108 1h Ave NE, Suite 1200
Bellevue, WA 98004
File Number: LUA12-002, CAR, V-A
Project Manager: Jennifer Henning, Current Planning Manager
Project Summary: WSDOT proposes to construct the Fish Barrier Retrofit project as mitigation
for emergency repairs to the Thunder Hills Creek that occurred under 1-405
in December 2007. The project includes the relocation of a 710 -foot
section of Panther Creek channel, fill and plug of Culverts 65 and 66, and
replacement of the fish ladder and culvert at Culvert 72 with a fish passage
culvert along State Route 167. The project requires a Critical Areas
Variance from RMC4-5-050:L.8.e for the relocation of the section of
Panther Creek. The impacted area would be approximately 0.80 acres. In
addition, a Critical Areas Exemption is required for the replacement of the
fish ladder and culvert at Culvert 72. The area impacted would be 0.08 acre
in a 9 -lineal foot section. A total of 51 to 56 trees would be removed to
accomplish the project. Removal of approximately 540 cubic yards of
material and replacement with select borrow is proposed upslope on the
upstream side of C72. Upslope of the downstream side of C72,
approximately 55 cubic yards would be excavated and replaced with select
borrow. SEPA Review was previously conducted by WSDOT and a
Determination of Non -Significance (DNS) was issued on December 8, 2011.
VARIANCE REPORT.docx
City of Renton Department of Community & Economic Development Administrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 2 of 12
Project Location: WSDOT St Rte 167 Right -of -Way at mile post 24.7 and 25.69.
Exist. Bldg. Area SF: N/A Proposed New Bldg. Area N/A
(footprint):
Proposed New Bldg. Area (gross):
N/A
Site Area: 38,335 s.f. (Impact Total Building Area GSF. N/A
Area), 0.88 acres
B. PROJECT DESCRIPTION/BACKGROUND:
Washington State Department of Transporation (WSDOT) proposes to construct the fish barrier
retrofit project as mitigation for emergency repairs to the Thunder Hills Creek that occurred under
Interstate -405 in December 2007. The project includes the relocation of a 710 -foot section of
Panther Creek channel approximately 50 to 80 feet to the east (between Culverst 56 and 66), fill
and plug of Culverts 65 and 66, and replacement of the fish ladder and culvert at Culvert 72 with
an arched fish passage culvert along State Route 167. Stream flow from the mainstem of Panther
Creek would be diverted into the newly excavated stream channel, which would extend
approximately 160 feet north of Culvert 66, and tie back into an existing stormwater discharge
channel. The project requires a critical areas variance from RMC4-5-050:L.8.e for the relocation of
the section of Panther Creek. The impacted area would be approximately 0.80 acres. In addition,
a Critical Areas Exemption is required for the replacement of the fish ladder and culvert at Culvert
72. The area impacted would be 0.08 acre in a 9 -lineal foot section. A total of 51 to 56 trees
would be removed to accomplish the project.
Restoration and enhancement plans would provide for four different types of restoration, with all
types planted to restore disturbed areas near Culverts 65 and 66. For Culvert 72, Type 3 and 4
Restoration would occur. Type 1 restoration would plant Redtwig dogwood (Cornus sericea), Sitka
willow (Salix sitchensis) and Pacfic willow (Salix lucida). Restoration Type 2 would plant Black
Cottonwood (Populus balsamifera), Western red cedar (Thuja plicata), Sitka spruce (Picea
sitchensis), and Nootka rose (Rosa nutkana). Restoration Type 3 would plant Black twinberry
(Lonicera involucrata), Nootka rose, and Pacific ninebark. Restoration Type 4 would plant Pacific
willow, Oregon ash {Fraxinus latifolia), Sitka willow, and Clustered wild rose (Rosa pisocarpa). The
plants would be 3 -foot live stake (Restoration Type 1) and containers with 18 -inch high plants
(Restoration Type 2, 3, and 4).
Removal of approximately 540 cubic yards of material and replacement with select borrow is'
proposed upslope on the upstream side of Culvert 72. Upslope of the downstream side of Culvert
72, approximately 55 cubic yards would be excavated and replaced with select borrow. State
Environmental Policy Act (SEPA )review was previously conducted by WSDOT and a Determination
of Non -Significance was issued on December 8, 2011.
VARIANCE REPORT. docx
City of Renton Department of Community & Economic Development Administrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 3 of 12
C. EXHIBITS:
The following exhibits were entered into the record:
Exhibit 1:
Neighborhood Detail Map
Exhibit 2:
Vicinity Map (Sheet 2 of 45)
Exhibit 3
Culvert Stream Restoration & Enhancement Plan (Sheet 24 or 47)
Exhibit 4:
Ditch Restoration & Enhancement Plan (Sheet 25 of 47)
Exhibit 5:
Stream/Ditch Restoration & Enhancement Details (Sheet 26 of 47)
Exhibit 6:
Stream/Ditch Restoration & Enhancement Details (Sheet 27 of 47)
Exhibit 7:
Tree Inventory Pian, Culvert 72
Exhibit 8
Tree Inventory Plan, Culverts 65 and 66
Exhibit 9:
Tree Inventory Sheets Culvert 72 and Panther Creek Relocation (4 sheets)
Exhibit 10:
Comment Letters
Exhibit 11:
Noise Variance
Exhibit 12:
Critical Areas Exemption
VARfANCE REPORT. docx
City of Renton Department of Commui Economic Development
THUNDER HiLLS MITIGATION FiSH BARrsrER RETROFIT
Report of March 22, 2012
D. FINDINGS:
ministrotive Variance Report & Decision
LUA12-002, CAR, V-A
Page 4 of 12
Having reviewed the written record in the matter, the City now makes and enters the following:
1. Request. The applicant requests a Critical Areas Exemption in order to clear vegetation in a
critical area buffer, and to fill and plug Culverts 65 and 66. In addition a Variance from Critical
Areas Regulations (RMC4-5-050:L.8.e) is needed in order to remove the existing fish ladder at
SR 167 culvert C72, and replace it with a fish passable arch culvert.
2. Administrative Variance: The project requires a variance from RMC4-5-050:L.8.e in order to
relocate a 710 -foot section of Panther Creek at at Culvert 72.
3. Existing Land Use: The project area is within publically owned lands which include Panther
Creek and wetlands.
4. Zoning: The project site is zoned Residential —1 dwelling unit per acre (R-1) which is
established to provide suitable areas for residential development of lands characterized by
pervasive critical areas where limed residential development would not compromise critical
areas.
S. Topography/Vegetation: The site is flat. A total of 79 trees are located on the project site. Of
these, 26 are in the vicinity of Culvert 72, and 53 are in the vicinity of Culverts 65 and 66. Six of
the trees are diseased. Twenty-two would be retained (9 at Culvert 72, and 13 within the
Panther Creek Channel). According to the applicant from 51 to 56 trees would be removed for
the project.
6. Critical Areas Exemption: RMC 4-3-050:C.5.a.1 - iii allows for exemptions within critical areas
and their buffers for conservation, enhancement, education and related activities. RMC 4-3-
050:C.5e.v (Roads, Parks, Public and Private Utilities) allows for Vegetation
Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks.
E. CONSISTENCY WITH VARIANCE CRITERIA:
Section 4-9-2508.10 lists 10 criteria that the Community & Economic Development Administrator
or designee is asked to consider, along with all other relevant information, in making a decision on
an Administrative Variance application. These include the following:
The Community and Economic Development Administrator or designee shall have authority to
grant an administrative variance upon making a determination, in writing, that the conditions
specified below have been found to exist:
a. Public policies have been evaluated and it has been determined by the Department
Administrator that the public's health, safety, and welfare is best served,
The applicant indicates that the public's health, safety, and welfare would be best served
by relocation of the Panther Creek Channel for several reasons: The conditions of U.S.
Army Corps of Engineers (USACOE) Nationwide Permit (NWP) 23 would be met, which
allowed for emergency construction repairs to the Thunder Hills Creek Culvert 52, located
under 1-445. The channel relocation has also been designed to accommodate future
widening of State Route (SR) 167 in later phases of WSDOT's Tukwila to Renton
VARIANCE REPORT.docx
City of Renton Deportment of Commur Economic Development ninistrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARntri? RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 5 of 12
Improvement Project (TRIP). The proposal was considered in an element of the draft
Panther Creek Watershed Rehabilitation Plan (PCWRP) prepared in 2007 for the 1-405 TRIP
(1-5 to SR 169 — Phase 2). Other elements of the plan would occur in later phases of the
TRIP. And, relocation of Panther Creek, and plugging of Culverts 65 and 66 (C65 and C66)
would reduce seasonal flooding of developed private properties located along the west
side of SR 167 in the vicinity of C65 and C66.
Staff concurs that the public policies have been evaluated and that the public's health,
safety and welfare would generally be served. In addition, the proposal would meet the
purposes of the stream regulations within Renton's Critical Areas Regulations RMC4-3-
050:A.6.a — c which include protection of riparian habitat and functions that are important
to both fish and wildlife; prevent the loss of riparian acreage and functions and protect
aquatic functions for salmonid species. The project would also meet the purposes of the
wetland regulations within Renton's Critical Areas Regulations RMC4-3-050:A.7.a — d to
ensure that activities in or affecting wetlands do not threaten public safety, cause nuisance
or destroy or degrade natural wetland function and values; preserve, protect and restore
wetlands; and protect the public from costs associated with repair of downstream
properties resulting from erosion and flooding due to the water storage capacity of
wetlands; and prevent the loss of wetland acreage and functions.
However, in order to ensure that the public's welfare is best served, and in order to
respond to comments received from the public regarding the removal of trees (Exhibit 10),
staff recommends that the applicant be required to provide a number of larger trees to
compensate for the removal of existing trees. The project proposes to replace the
removed trees with native trees and shrubs.
b. Each facility must conform to the Comprehensive Land Use Plan and with any adopted
public programs and policies;
Renton's Comprehensive Plan classifies the site as Low Density Residential; however, the
area is permanently preserved as part of the Panther Creek Wetland Open Space area.
Environmental Policy EN -1 encourages the management of water resources for multiple
uses including recreation, fish and wildlife, flood protection, erosion control, water supply,
energy production, and open space. Policy EN -6 provides a hierarchy of actions when
development may impact wetlands. This includes avoiding impacts to the wetland;
minimizing impacts to the wetland; restoring the wetland, and others. The proposal would
meet both EN -1 and EN -6 in that it would enhance fish habitat, improve flood protection,
and restore an impacted area.
c. Each facility must serve established, identified public needs,
The relocation of the Panther Creek channel is part of a larger project and would mitigate
for the emergency repairs of the Thunder Hills Creek culvert; plan for the future SR 167
improvements; implement a component of the Panther Creek Watershed Rehabilitation
VARIANCE REPORT. docx
City of Renton Department of Commu) Economic Development ministrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUAI2-002, CAR, V-A
Report of March 22, 2012 Page 6 of 12
Plan; and, reduce seasonal flooding of developed private properties located along the west
side of SR167 in the vicinity of Culverts 65 and 66.
d. No practical alternative exists to meet the needs;
On March 3, 2008, the U.S. Army Corps of Engineers (USACOE) issued a Nationwide Permit
for the emergency pipe replacement construction for a failed culvert conveying Thunder
Hills Creek under 1-405. The 1-405 culvert failed as a result of December 2007 storm events.
A condition of the permit required that WSDOT fund and complete replacement of a
culvert that would open a quantity of fish habitat similar to that blocked by the existing 1-
405 Thunder Hills Creek culvert and then any known fish barrier culvert in the 1-405 Renton
Nickel Project area that drains to Springbrook Creek basin.
WSDOT evaluated the Thunder Hills Creek culvert and concluded that it was not feasible to
open up fish habitat through this culvert. The Muckleshoot Indian Tribe (MIT) Fisheries
Division agreed with WSDOT's conclusion and agreed to move forward and look at fish
barrier culverts in the 1-405 Renton Nickel project area.
Further review of culverts in the area lead to the conclusion by WSDOT and the MIT that
replacement of Culvert 72 was the best location with potential for fish passage
improvement. It was also determined a key element of the project would be to block
upstream Culverts 65 and 66 and implement a phase of the Panther Creek Watershed
Rehabilitation Plan by relocating a section of Panther Creek.
The current mitigation direction (culvert replacement, culvert blockage, and channel
relocation) has involved consultation with the MIT, the USACOE, the Washington
Department of Fish and Wildlife, and Washington Department of Ecology through WSDOT's
Multi -Agency Permit Team process.
Staff concurs that the proposed location is appropriate and that WSDOT has demonstrated
collaboration and cooperation with other agencies in identifying a practical approach to
complying with the mitigation. However, staff believes that the restoration proposed for
the removal of up to 56 trees should be accomplished using larger trees than those
proposed for a portion of the trees. The 16 trees that would be removed at Culverts 65
and 66 and the 40 trees that would be removed at Culvert 72, should be mitigated by the
planting of minimum 2 -inch caliper trees (deciduous) or 6 -foot high trees (conifers), at a
ratio of 2.1 in order to provide a range of vegetation and to help alleviate concerns with
regard to aesthetics and noise expressed by commenting parties (Exhibit 10).
e. The proposed action takes affirmative and appropriate measures to minimize and
compensate for unavoidable impacts;
WSDOT proposes to implement Best Management Practices (BMP's) during construction.
The proposal would result in the removal of up to 56 mature trees that contribute to
aesthetic and acoustic buffering between the existing residential areas located east of the
VARIANCE REPORT.docx
City of Renton Department of Commoi Economic Development ministrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA22-002, CAR, V-A
Report of March 22, 2012 Page 7 of 12
project site. In order to mitigate for the removal of these trees, WSDOT intends to restore
the area with 1,448 new native trees (Pacific willow, Black cottonwood, Sitka spruce, and
Western red cedar) and 5,935 shrubs (Exhibit 10). However, the proposed trees would be
in containers with a typical height of 18 -inches, which is insufficient to address comments
regarding noise and aesthetics. As indicated in "d" above, staff recommends as a condition
of approval that the applicant be required to substitute some larger trees (at a ratio of 2:1)
for the mature trees that would be removed. Such replacement trees shall be a minimum
of 6 -foot high for conifers and a minimum of 2 -inch caliper for deciduous.
f. The proposed activity results in no net loss of regulated wetland or stream/lake area,
value, or function in the drainage basin where the wetland, stream or lake is located;
The proposal would result in temporary impacts to the existing wetland area. No
permanent net loss to the existing area, values, and functions in the East and West Panther
Creek wetlands would occur. Wetland structural elements related to
nutrient/sediment/toxicant filtration and adsorption will not have adverse impacts in the
wetland, so there will be no net loss of water quality functions. Rerouting of water through
East Panther Creek Wetland is not anticipated to change the vegetation communities in the
wetland, or existing habitat for wetland -associated species such as amphibians. The
temporary loss of wetland habitat due to vegetation removal would be mitigated by
replanting all disturbed areas with native shrub and tree species within a few months of
completion of earthwork activities.
The proposed replacement of Culvert 72 and creation of approximately 760 lineal feet of
new Panther Creek channel through East Panther Creek wetland is the first phase of
implementation of the PCWRP. The Pian is designed to improve watershed -level limiting
factors for salmonid species including: lack of salmonid refuge and rearing habitat,
insufficient seasonal low -flows, lack of functioning riparian habitat, and the presence of fish
passage barriers.
There would be no net loss of aquatic habitat function in the West Fork of Panther Creek.
Due to the extent of piped channel between the reach of West Fork of Panther Creek and
Springbrook Creek, combined with highly degraded stream and riparian conditions, the
West Fork of Panther Creek is likely a complete barrier to upstream salmonid fish passage.
g. The proposed activities will not jeopardize the continued existence of endangered,
threatened or sensitive species as listed by the Federal government or the State;
The project area was analyzed previously in the PSWRP and the TRIP Biological Assessment
(BA) and Biological Opinion (BO). The PCWRP and the BA/BO were reviewed specifically to
evaluate implementation of mitigation for emergency repairs to the Thunder Hills Creek
culvert (including the Panther Creek channel relocation).
Updated species lists and critical habitat maps were acquired from NOAA Fisheries,
StreamNet, and the U.S. Fish and Wildlife Services (USFWS), and priority habitat and
VARIANCE REPORT.docx
City of Renton Department of Commur Economic Development ninistrative Voriance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 8 of 12
species maps from WDFW. No new species or critical habitat has been listed that was not
addressed in the TRIP BA.
Based on the above, it was determined that the proposed project impacts are consistent
with elements of the PCWRP, and all potential impacts on listed species or critical habitat
have been considered in the Tukwila to Renton improvement BA and MNRS/IJSFWS BO.
h. That the proposed activities will not cause significant degradation of groundwater or
surface water quality;
The proposed project does not involve any discharges of waste materials to surface waters.
The potential for inadvertent discharges of waste material during construction will be
minimized through standard WSDOT construction management practices.
The completed project does not involve any withdrawal or degradation of groundwater.
Because construction of the stream channel is anticipated during summer months (June
through September), groundwater withdrawal (dewatering) is not anticipated.
i. The approval as determined by the Reviewing Official is a minimum variance that will
accomplish the desired purpose, and (Ord. 5519, 12-14-2009)
As noted above, relocation of the Panther Creek channel is part of the larger project to
mitigate for the emergency repairs to the Thunder Hills Creek culvert, to plan for future SR
167 improvements, to implement a component of the PCWRP, and reduce seasonal
flooding of developed private properties located along the west side of SR 167 in the
vicinity of C65 and C66.
The removal of up to 56 trees and the grading of 540 cubic yards of material (upstream of
Culvert 72) and 55 cubic yards of material (downstream of Culvert 72) is the minimum
needed in order to accomplish the project.
j. The proposed variance is based on consideration of the best available science as
described in WAC 365-195-905; or where there is an absence of valid scientific
information, the steps in RMC 4-9-25OF are followed. (Ord. 4835, 3-27-2000; Amd. Ord.
4851,8-7-2000)
The review of functions and values of wetlands streams in the project area is based upon
the following documents that meet the criteria in WAC 365-195-905:
A. C Kindig & Co. and Cedarock Consultants, Inc. City of Renton: Best available science
literature review and stream buffer recommendations. February 23, 2003, report to the
City of Renton.
Cooke, S. and A. Azous. 1997. The hydrologic requirements of common Pacifica Northwest
wetland plant species. Pages 154-169 in Azous, A.L., and R.H. Horner (eds). Wetlands and
Urbanization, Implications for the future, Final Report of the Puget Sound Wetlands and
VARIANCE REPORT. d ocx
City of Renton Department of Commui Economic Development ninistrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 9 of 12
Stormwater Management Research Program. Washington State Department of Ecology.
Olympia, WA; King County Water and Land Resources Division; and the University of
Washington. Seattle WA.
Parametrix. 2004. Best available science ordinance review. June 28, 2004, memorandum
to Jones and Stokes.
Sheldon, D., T Hruby, P. Johnson, K, Harper, A. McMillan, T. Granger, S. Stanley, and E.
Stockdale. 2005. Wetlands in Washington State — Volume 1: Syntheses of the Science.
Washington State Department of Ecology. Publication #05-06-006. Olympia, WA. March
2005.
Walters, M., R. Teskey, and T. Hinckley. 1980. impact of water level changes on woody
riparian and wetland communities. Volume Iii: Pacific Northwest and Rocky Mountain
regions. Fish and Wildlife Service, U.S. Dept. of the interior FWS/OBS-78-94. Washington,
D. C.
in addition, the following documents were reviewed and support the analysis in the Critical
Areas Study:
National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (USFWS).
2008. Endangered Species Act — Section 7 Consultation Biological Opinion and Magnuson -
Stevens fishery Conservation and Management Act Essential Fish Habitat Consultation for
the 1-405 Tukwila to Renton improvement Project (1-5 to SR 169 — Phase 2) Lower Cedar
River, Cedar River Sixth Field NUS: 171100120106, 171100120302 King County,
Washington. National Marine Fisheries Service, Northwest Region and U.S. Fish Wildlife
Service, Western Washington Office, March 3, 2008.
WSDOT (Washington State Department of Transportation). 2000. Wetland Functions
Characterization Tool for Linear Projects. June 2000.
WSDOT (Washington State Department of Transportation). 2007. Panther Creek
Watershed Rehabilitation Plan: Preliminary draft for Multi Agency Permitting Team
(MAPT) review. May 2007.
Staff concurs that the variance is being requested and considered using the best available
science as documented above.
F. CONCLUSIONS:
1. The subject site is located within the Washington State Department of Transportation right-of-
way at mile post 24.7 and 25.69 within the Panther Creek Wetland.
2. The analysis of the proposal according to 10 variance criteria is found in the body of the Staff
Report satisfies the requirements for the approval of a Variance from RMC4-5-050:L.8.E.,
provided the conditions of approval are met.
VARIANCE REPORT. docx
City of Renton Department of Commu - Economic Development ministrative Variance Report & Decision
THUNDER FALLS MITIGATION FISH BA ...... R RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 10 of 12
3. Comments were received from parties in the vicinity of the project and those comments are
contained in the record as Exhibit 10.
4. A Critical Areas Exemption per RMC 4-3-050:C.5.a.i - iii allows for exemptions within critical
areas and their buffers for conservation, enhancement, education and related activities. And
RMC 4-3-050:C.5e.v (Roads, Parks, Public and Private Utilities) allows for Vegetation
Management/Essential Tree Removal for Public or Private Utilities, Roads, and Public Parks. A
copy of the Critical Areas Exemption is attached as Exhibit 11.
G. DECISION:
The Administrative Variance(s) for the Thunder Hills Creek Mitigation Project, File No.LUA12-002,
V-A, CAR, is approved and is subject to the following condition:
1. The applicant shall submit a revised Restoration Plan to the Current Planning Project Manager
indicating the substitution of between a minimum of 102 to 112 trees to replace mature trees
removed as part of the project. The restoration shall be accomplished at a rate of 2:1, using 6 -ft
high conifers and/or 2 -inch caliper deciduous trees in lieu of a comparable number of smaller
native trees specified in the restoration plan. The applicant shall provide written verification of
completion of planting (from a wetland biologist) to the City's Current Planning Project Manager at
conclusion of the project.
DATE OF DECISION ON LAND USE ACTION:
SIGNATURE:
C.E. "Chip" Vincent, Planning Director
Planning Division
TRANSMITTED this 22nd day of March, 2012 to the Owner/Applicant/Contact:
Owner:
City of Renton
Ron Straka, Surface Water
Supervisor
1055 South Grady Way
Renton, WA 908057
Applicant:
Denise Cieri
Deputy Project Director, Eastside
Corridor
1-405 Corridor Project Office,
WSDOT
600 108th Ave NE, Suite 405
Bellevue, WA 98004
TRANSMITTED this 22nd day of March, 2012 to the Party(ies) of Record:
Ryan Kline
409 5 36th Street
Renton, WA 98055
VARIANCE REPORT
Bill C_ An
CSA, LLC
PO Box 1941
Auburn, WA 98071
ZZ o 2—
Date'
Contact:
Bonnie Lindner, Permit Lead
HDR Engineering, Inc.
500108 th Ave NE, Suite 1200
Bellevue, WA 98004
Diane Jackson
2419 Talbot Crest Drive S.
Renton, WA 98055
City of Renton Department of Commun Economic Development ninistrative Variance Report & Decision
THUNDER HILLS MITIGATION FI5H BARRIER RETROFIT LUA12-002, CAR, V-A
Report of March 22, 2012 Page 11 of 12
ADVISORY NOTES TO APPLICANT
The following notes are supplemental information provided in conjunction with the administrative
land use action. Because these nares ore provided as information only, they are not subject to the
appeal process for the land use actions.
Planning:
1. RMC section 4-4-030.C.2 limits haul hours between 8:34 a.m. to 3:30 p.m., Monday through
Friday unless otherwise approved by the Development Services Division.
2. Commercial, multi -family, new single family and other nonresidential construction activities shall
be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m.,
Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock
(9:00) a.m, and eight o'clock (8:00) p.m. No work shall be permitted on Sundays.
Plan Review -
Storm Drainage
1. Erosion control shall comply with the Department of Ecology's Stormwater Management Manual.
City code requires compliance with the Critical Areas Ordinance. The Critical Areas Study for the
project has verified that it meets the City's compensatory storage requirements defined in
Section 4-3-050 of the Renton Municipal Code.
3. The project involves work within FEMA's 100 -year floodplain. Filling or grading below FEMA's
regulated flood plain elevation of 16.00 (NGVD 29), will require compensatory storage to be
provided per city code.
4. New culverts will need to be designed to accommodate future land use condition runoff for the
25 -year and 100 -year storm events in accordance with the City's design standards.
5. A downstream hydraulic analysis along the SW 23rd Street right-of-way, between SR- 167 and
Springbrook Creek (SW 23rd St Channel), was provided. The analysis has verified that no flooding
problems will result from the project. The analysis for the culvert has demonstrated a zero -rise in
the 100 -year flood elevation.
6. Work within city right-of-way will require an easement for construction, access, and
maintenance. It appears this requirement has been met.
Transportation
1. Any work affecting traffic in the City's right-of-way will require an approved traffic control plan
from the City. As a portion of the project will require weekend closure of SR 167, submittals for
re-routing traffic and early coordination with the City are required.
z. A noise variance has been approved and is contained herein as Exhibit 11.
TRANSMITTED this 22nd day of March, 2012 to the following:
Neil Watts, Development Services Director
Larry Meckling, Building Official
Kayren Kittrick, Development Services
Fire Marshal
VARIANCE REPORT. docx
City of Renton Department of Commai Economic Development ninistrative Variance Report & Decision
THUNDER HILLS MITIGATION FISH BARRIER RETROFIT LUA12-DOZ CAR, V-A
Report of March 22, 2012 Page 12 of 12
Jennifer Henning, Current Planning
Renton Reporter
H. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION
The administrative land use decision will become final if the decision is not appealed within 14days of
the effective date of decision.
APPEAL: This administrative land use decision will become final if not appealed in writing to the
Hearing Examiner on or before 5:00 PM on April 5, 2012. An appeal of the decision must be filed
within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner
are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the
appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425)
430-6510. Appeals must be filed in writing, together with the required fee to the Hearing Examiner,
City of Renton, 1055 South Grady Way, Renton, WA 98057.
RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that the
decision be reopened by the approval body. The approval body may modify his decision if material
evidence not readily discoverable prior to the original decision is found or if he finds there was
misrepresentation of fact. After review of the reconsideration request, if the approval body finds
sufficient evidence to amend the original decision, there will be no further extension of the appeal
period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal
time frame.
EXPIRATION: The variance(s) approval will expire two (2) years from the date of decision. A variance
one (1) year extension may be requested pursuant to RMC 4-9-2508.17.
THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one -on -ane)
communications may occur concerning the land use decision. The Doctrine applies not only to the
initial decision, but to Appeals to the Hearing Examiner as well. All communications after the
decision/approval date must be made in writing through the Hearing Examiner. All communications
are public record and this permits all interested parties to know the contents of the communication
and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could
result in the invalidation of the appeal by the Court.
VARIANCE REPORT.docx