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DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM CRITICAL AREAS REGULATIONS
EVALUATION FORM & DECISION
DATE: September 16, 2016
PROJECT NUMBER: LUA16 000307
PROJECT NAME: Tran Wall Removal & Streambank Restoration
PROJECT MANAGER: Matthew Herrera, Senior Planner
OWNER: Alyssa Tran
18364 160th Pl SE
Renton, WA 98058
CONTACT: Kate Knox Machata, 7K Environmental
4062 NE 87th St
Seattle, WA 98115
LOCATION: 2816 KENNEWICK PL NE
DESCRIPTION: The applicant is requesting environmental review and critical areas exemption
to remove a 27 linear foot unpermitted concrete block wall along a stream
channel located at 2816 Kennewick Pl. NE. The applicant’s proposal is in
response to Code Compliance Case 15 000489 for unpermitted encroachments
into a Type Ns stream in the rear yard of an existing single family residence.
Specifically, the property owner installed approximately 52 concrete masonry
unit (CMU) blocks below the ordinary high water mark (OHWM) without prior
approvals. Additionally, the subject property contains an unpermitted removable footbridge crossing the stream that abuts the aforementioned concrete block wall.
Restoration of the stream bank with erosion control measures and vegetation
will occur following removal of the wall. Restoration activities include regrading
the bank to a slope of 2H:1V, which will allow the germination of riparian
vegetation that will be planted. Coir logs, mulch, and straw will be placed in
areas disturbed by block removal for erosion control. The City issued a DNS M
for the block removal and restoration on September 12, 2016. Mitigation
measures are attached to this Certificate of Exemption as conditions of
approval. The City's critical areas map identifies the stream as a tributary to
May Creek with a classification of Type Ns or non fish and seasonal. The
subject property contains a single family residence and is zoned Residential 8.
CRITICAL AREA: Type Ns Stream
EXEMPTION JUSTIFICATION: RMC 4 3 050C3aiii. Approved Restoration/Mitigation
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.
DECISION: An exemption from the Critical Areas Regulations is hereby Approved with
Conditions.
CONDITIONS: 1. ERC Mitigation: The applicant shall follow the recommendations of the July
28, 2016 Standard Stream Study and Biological Assessment prepared by 7K
Environmental.
2. ERC Mitigation: The applicant shall remove the unpermitted block wall and
install the restoration following approvals from other applicable agencies and
no later than August 1, 2017.
3. The applicant shall remove the unpermitted footbridge crossing the stream.
4. Prior to the start of construction, the applicant shall provide a surety device
for the installation, maintenance, and monitoring of the stream bank restoration as indicated in the Standard Stream Study and Biological Assessment, except that a monitoring report
shall also be provided to the City on Year 2 of the 3-year monitoring plan.
SIGNATURE & DATE OF DECISION:
September 16, 2016
Jennifer Henning, Planning Director Date
The above land use 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).
APPEALS: An appeal of this administrative land use decision must be filed in writing together with the
required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA
98057, on or before 5:00 p.m., on September 30, 2016. RMC 4 8 110 governs appeals to the Hearing
Examiner and additional information regarding the appeal process may be obtained from the Renton City
Clerk's Office, (425) 430 6510.
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.
EXPIRATION: Five (5) years from the date of decision (date signed).
Attachments: Site Plan
CC: Alyssa Tran, 18364 160th Pl SE, Renton, WA 98058