HomeMy WebLinkAboutD_Cedar_River_205_Levee_Inspection_Vegetation_Clearing_Project_SME_210701_v2DEPARTMENT OF COMMUNITY
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D_Cedar River 205 Levee Inspection Vegetation Clearing Project SME_210701_v2
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND
CRITICAL AREAS REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION:
PROJECT NUMBER:
PROJECT NAME:
PROJECT MANAGER:
APPLICANT:
OWNER:
PROJECT LOCATION:
July 12, 2021
LUA21-000242, SME, CAE
Cedar River 205 Levee Inspection Vegetation Clearing Project
Brittany Gillia, Assistant Planner
Amanda Pierce, City of Renton Surface Water Utility
1055 S Grady Way, Renton, WA 98057
City of Renton
1055 S Grady Way, Renton, WA 98057
APN 0723059007, by the Renton Municipal Airport on the left bank of the Cedar River.
PROJECT DESCRIPTION: The applicant, the City of Renton- Surface Water Utility, is requesting a Shoreline
Substantial Development Permit Exemption and Critical Areas Exemption for
vegetation removal related to the maintenance of existing levees along the Cedar
River. The project site (APN 0723059007) is located within the Shoreline High Intensity
designation and is within Reach A of the Cedar River (Exhibit 1). The area of work is
located adjacent to the Medium Industrial (IM) zone and is mapped with Wellhead
Protection Area (Zone 1 and 2), Special Flood Hazard Areas (100 Year Flood), Floodway
(FEMA Zone AE) and High Seismic Hazards. Proposed work would occur as close as
approximately 5 feet from the ordinary high water mark (OHWM) and would consist of
limited clearing of vegetation along the left bank of the Cedar River from Logan
Avenue North to the North Boeing Bridge (Exhibit 2). The clearing is anticipated to
take approximately 1-2 weeks and will cost around $4,000.
The Cedar River levees are part of the Cedar River Section 205 Flood Damage
Reduction Project (Cedar River 205 Project) constructed in cooperation with the
United States Army Corps of Engineers (USACE). Following the completion of the
project, the City of Renton became of the local sponsor of the project and entered into
an agreement with the USACE for maintenance and inspection of the flood protection
facilities under PL84-99. The applicant is proposing to clear existing vegetation for
inspection access and compliance with the aforementioned agreement, which is
DocuSign Envelope ID: ED725D39-8815-4729-A220-67AE692E3D2F
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial
Cedar River 205 Levee Inspection Vegetation Clearing Project Development Permit and Critical Areas Regulations
LUA21-000242, SME, CAE
Permit Date: July 12, 2021 Page 2 of 4
D_Cedar River 205 Levee Inspection Vegetation Clearing Project SME_210701_v22
categorized as Normal Maintenance or Repair of Existing Structures or Developments.
Clearing the inspection path behind the floodwall is not only a routine maintenance
activity of an essential City of Renton Public Works facility, but it is also a necessary
component of agreement with the USACE that would facilitate future inspections by
USACE staff. Recent periodic and annual inspections have flagged the density of the
vegetation on the riverside of the floodwalls as “unacceptable”. As such, vegetation
maintenance would ensure that the Cedar River 205 project would remain compliant
with the terms of its operation and maintenance manual and PL84-99 requirements.
The levees are located on the lower 1.25 miles of the Cedar River and extend from
Williams Avenue North to the mouth of the Cedar River at Lake Washington. The
Cedar River 205 Project protects portions of downtown Renton, the Boeing 737 plant,
and the Renton Airport from the 100-year flood.
SEC-TWN-R: SE07-23-5
LEGAL DESCRIPTION:
(King County Assessor)
POR SECS 7 & 18-23-5 & POR TOBINS D C INCL POR PLATTED & VAC STS LY WLY OF
COMM W W # 2 N OF N LN DIXIE AVE & ELY OF STATE HWAY # 5 & ELY & SLY OF
FOLG LN BEG ON ELY MGN SD HWAY AT PT 5 FT S OF N LN OF LOT 8 BLK 18 BRYN
MAWR TH E 89.23 FT TH N 05-16-51 E 438.90 FT TH N 40-09-47 E 188.55 FT TH N 60
FT TH N 29-00-40 W 197.07 FT TH S 88-27-28 E 90.83 FT TH N 01-32-32 W 40 FT TH S
88-27-28 E 234.53 FT TH S 35-00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22
INCL BLK 4 RENTON REAL ESTATE COS 1ST ADD LESS PORTION FOR LANE HANGAR
CONDOMINIUM -TGW POR OF RAINIER AVE N PER RENTON VAC ORD #5780
WATER BODY/REACH: Cedar River, Reach A
CRITICAL AREA(S): Wellhead Protection Area (Zone 1 and 2), Special Flood Hazard Areas (100 Year
Flood), Floodway (FEMA Zone AE), High Seismic Hazards
CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is hereby
APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and Nonconforming
Activities” and for the following reasons:
Vegetation management is exempt from permit requirements within critical areas and associated buffers in
accordance with RMC 4.3.050C.3.c.iii Dangerous Trees, within Flood Hazard Areas, Geological Hazard Areas, and
Wellhead Protection Zones subject to the following standards:
Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other
government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City
and certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved
by the City based on the type of information required.
SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial
DocuSign Envelope ID: ED725D39-8815-4729-A220-67AE692E3D2F
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial
Cedar River 205 Levee Inspection Vegetation Clearing Project Development Permit and Critical Areas Regulations
LUA21-000242, SME, CAE
Permit Date: July 12, 2021 Page 3 of 4
D_Cedar River 205 Levee Inspection Vegetation Clearing Project SME_210701_v22
Development Permit is hereby Approved on the proposed project in accordance with RMC.4.9190C “Exemption
from Permit System’ and for the following reasons:
Normal maintenance or repair of existing structures or developments, including damage by accident, fire or
elements.
i.“Normal maintenance” includes those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition.
ii.“Normal repair” means to restore a development to a state comparable to its original condition, including
but not limited to its size, shape, configuration, location and external appearance, within a reasonable
period after decay or partial destruction, except where repair causes substantial adverse effects to
shoreline resource or environment.
iii.Replacement of a structure or development may be authorized as repair where such replacement is the
common method of repair for the type of structure or development and the replacement structure or
development is comparable to the original structure or development including but not limited to its
size, shape, configuration, location and external appearance and the replacement does not cause
substantial adverse effects to shoreline resources or environment.
CRITICAL AREA EXEMPTION FINDINGS: The proposed development is consistent with the following findings
pursuant to RMC section 4-3-050C.2.d:
i.The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or
Federal law or regulation;
ii.The activity will be conducted using best management practices as specified by industry standards or
applicable Federal agencies or scientific principles;
iii.Impacts are minimized and, where applicable, disturbed areas are immediately restored;
iv.Where water body or buffer disturbance has occurred in accordance with an exemption during
construction or other activities, revegetation with native vegetation shall be required.
v.If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant
or substantial potential to degrade groundwater quality, then the Administrator may require
compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that
hazardous material, activity, and/or facility. Such determinations will be based upon site and/or
chemical-specific data.
SHORELINE EXEMPTION FINDINGS: The proposed development is:
i.Consistent with the policies of the Shoreline Management Act.
ii.Not Applicable to the guidelines of the Department of Ecology where no Master Program has been
finally approved or adopted by the Department.
iii.Consistent with the City of Renton Shoreline Mater Program.
DECISION: The Cedar River 205 Levee Inspection Vegetation Clearing Critical Areas and Shoreline Substantial
Development Permit Exemption, LUA21-000242, SME, CAE is hereby Approved.
DocuSign Envelope ID: ED725D39-8815-4729-A220-67AE692E3D2F
City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial
Cedar River 205 Levee Inspection Vegetation Clearing Project Development Permit and Critical Areas Regulations
LUA21-000242, SME, CAE
Page 4 of 4
D_Cedar River 205 Levee Inspection Vegetation Clearing Project SME_210701_v22
______________________________
Permit Date: July 12, 2021
SIGNATURE & DATE OF DECISION:
_____________________________________
Vanessa Dolbee, Planning Director Date
RECONSIDERATION: Within 14 days of the decision date, 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.
APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on July 26, 2021. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are
governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the
City Clerk’s Office, cityclerk@rentonwa.gov.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: Site Plan, Project Narrative
cc: Amanda Pierce, City of Renton- Applicant
DocuSign Envelope ID: ED725D39-8815-4729-A220-67AE692E3D2F
7/12/2021 | 11:05 AM PDT