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HomeMy WebLinkAboutERC Report_LUA15-000489 Selland Residential Joint Use Pier ENVIRONMENTAL REVIEW COMMITTEE REPORT  ERC MEETING DATE: December 14, 2015  Project Name: Selland-Thorpe Residential Joint Use Pier  Project Number: LUA15-000489, ECF, SM  Project Manager: Kris Sorensen, Associate Planner  Owner: Mark Selland; 4017 Williams Ave N; Renton WA 98056 James Thorpe; 4023 Williams Ave N; Renton WA 98056  Applicant/Contact: Mark Selland; 4017 Williams Ave N; Renton WA 98056  Project Location: 4017 & 4023 Williams Ave N  Project Summary: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit for the construction of an 80-foot long joint use pier and two free-standing boat lifts in association with two single-family homes on the shore of Lake Washington, a Shoreline of Statewide Significance. The proposed project site encompasses two lots (5,634 and 5,571 square feet) at 4017 and 4023 Williams Ave N. The total area of the site is 11,205 square feet within the R-10 zone. Construction materials would be transported to the site by barge. Eight steel piles are proposed to be installed by a barge-mounted vibratory pile driver. The pier would have fully grated thruflow decking, four dock lights connected to 4017 Williams Ave N, and a dock ladder at the waterward end. The shoreline is armored with a concrete and steel bulkhead. The landward section of the pier would be supported by the existing bulkhead. An existing shared concrete stair walkway provides access from the homes to the shoreline. Twenty native shrubs will be added along the bulkhead shoreline in addition to four trees. Dead plants in the vegetated shoreline would be replaced. The applicant submitted a Biological Evaluation/Lake and Stream Study/Habitat Data Report.  Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A N/A  Site Area: 4017 Williams: 4023 Williams: 5,623 sf 5,571 sf Total Building Area GSF: N/A  STAFF RECOMMENDATION: Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance - Mitigated (DNS-M).   / PART ONE: PROJECT DESCRIPTION / BACKGROUND The project site is located on the eastern shore of Lake Washington in the Barbee Mill residential subdivision and north of the mouth of May Creek. Lake Washington is designated as a Shoreline of Statewide Significance and May Creek is regulated shoreline. Both are regulated by the City of Renton Shoreline Master Program. The proposed pier location is outside of the May Creek shoreline regulated area but is located within Lake Washington shoreline jurisdiction (Exhibit 17). The Lake Washington shoreline at the site is classified as a “High Intensity Overlay District.” Shared boat moorage, boat lifts, and mooring piles are outright allowed in the area. The proposed dock would be a shared joint use pier for two single family residential properties within the Barbee Mill residential subdivision, within the R-10 zone (Exhibit 16). The applicant proposes a shared dock between two properties because individual properties are not allowed to have individual docks in this area of the Barbee Mill subdivision, as a condition of the Barbee Mill subdivision approval. The shared pier would be located on the shared common property line between 4017 and 4023 Williams Ave N. The proposed project encompasses the construction of a 400 square foot, 80-foot long, 4 to 6 feet wide pier, and installation of two free-standing, pre-manufactured, marine grade aluminum boat lifts (Exhibits 2-5). From land, the pier width is 4 feet wide and increases to 6 feet in width for the final 40 feet of length. The dock decking would be fully grated. A dock ladder would be located at the end of the pier. Lighting would be placed along the edge of the dock through electrical conduit running below the decking and electricity connected to 4017 Williams Ave N. The pier would be accessed by users through the existing shared concrete walkway that connects to the rear yard of the two homes. The pier construction would be accomplished by driving steel piles using a barge-mounted vibratory pile. Two 4-inch diameter steel piles, two 8-inch diameter steel piles, and four 10-inch diameter steel piles would be driven by the vibratory pile driving system to support the pier (Exhibit 3). The landward section of the pier would be supported by the existing concrete bulkhead. The uplands portion of the site would receive additional plantings consisting of twenty native shrubs and four Pacific Dogwood trees located along the shoreline as mitigation plantings (Exhibit 6). The new planting plan has received approval from the Barbee Mill Community Association (Exhibit 11). Replacement of dead plants in the existing vegetated buffer is proposed (Exhibit 18). The proposed free-standing boatlifts would be set approximately 52 to 60 feet from the shoreline on the waterward side of the Inner Harbor Line. The boat lifts would not be covered. Each boat lift has an area of approximately 10 feet in width by 12 feet in length. Each lift structure would sit on the bottom substrate of the lake on four 1-foot by 1-foot pads. At the deepest point of the lifts, they would be approximately 16 feet below the waterline (Exhibit 4). The boats parked on the lift would extend above the pier decking and may incrementally block some views from the uplands towards the lake. All project construction materials would be stored on a barge brought to the site. The date of construction would depend on when the necessary government approvals are issued. Construction of the pier and installation of the boat lifts would take approximately two weeks to complete once work has commenced. The in-water work window within Lake Washington at the subject location is open from July 16 to December 31. The work is proposed to be completed in late 2015 or July 2016. The boat lifts are pre-assembled off-site and set in the lake by crane from the construction barge following pier construction. The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, prepared by Marine Surveys & Assessments, dated June 8, 2015 and June 30, 2015 has determined that a no-net-loss of ecological function would result from the project’s impacts with their recommended mitigation measures for construction and with newly added plantings along the shoreline (Exhibits 8 and 9). Comments were provided by the Muckleshoot Indian Tribe Fisheries Division (Exhibits 10 and 13). No comments were received from the general public. The Muckleshoot Indian Tribe Fisheries Division provided multiple comments, initially for review of the proposal and secondarily following changes by the applicant as requested by the Muckleshoot Indian Tribe Fisheries Division. The initial comments dated July 21, 2015 identified a need for mitigation plantings to overhang the bulkhead. The comments were also directed at the submitted biological evaluation, that the study should consider cumulative impacts of all piers and docks in the Barbee Mill development, that current research by Dr. Roger Tabor from U.S. Fish and Wildlife Service be included in the study, and how the existing substrate near the shoreline is favorable habitat for fish. Following receipt of the Muckleshoot July comments, the project was put on hold pending additional information needed to provide response to the Muckleshoot comments. The applicant submitted additional information in a packet dated October 2, 2015 that included a revised planting plan, monitoring reports of the existing shoreline plantings for each residence, and a correction/addendum to the Biological Evaluation (Exhibit 7). City staff also provided the Tribe’s Fisheries Division additional information regarding portions of the Barbee Mill Environmental Impact Statement for docks (Exhibit 11). On November 12, 2015, the Muckleshoot provided response to the additional information provided to them by staff and the applicant. They request a key decision document as part of the Barbee Mill subdivision environmental review for their records. Recommendations were also provided, for the type of trees and shrubs to be planted and that the substrate should be enhanced to improve fish habitat (Exhibit 9). Review and approval by the Environmental Review Committee is required prior to issuance of a City Shoreline Substantial Development Permit and building permits. The applicant has applied for a building permit but cannot receive approvals until required city and state appeal periods are finalized and no appeals of decisions are submitted. Beyond City of Renton approvals, the applicant would need to receive additional state and federal approvals, including Hydraulic Permit Approval (HPA) from state Department of Fish and Wildlife and federal Army Corps of Engineers approval. 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. 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. Mitigation Measures The applicant shall follow the recommendations identified in the Biological Evaluation/Lake and Stream Study/Habitat Report and Addendum, prepared by Marine Surveys and Assessments, dated June 8, 2015 and June 30, 2015, including but not limited to the “Construction Sequence” subsection on page 5. The applicant shall provide a revised planting plan that includes either Oregon Ash, Shore Pine, or Sitka Willow tree species and identifies the locations of the replacement plants to the Current Planning Manager, for review and approval, prior to issuance of the Shoreline Substantial Development Permit. Prior to any construction activities, a silt containment curtain shall be installed around the project area to minimize impacts from disturbed sediments which may occur during pile driving activities. This silt curtain shall remain in place until construction activities are completed. Any construction debris which enters Lake Washington waters shall be immediately retrieved and placed on the construction barge. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and the Washington Department of Fish and Wildlife and the Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the Washington Department of Fish and Wildlife. Construction shall take place only during the Washington Department of Fish and Wildlife approved in-water work periods (fish window) currently established as July 16 through December 31. The dock lights shall have an amber hue. The proposed lighting and amber hue shall be included with the building permit application for the subject project, for review and approval by the Current Planning Project Manager. Exhibits Exhibit 1 Environmental Review Committee Report  Exhibit 2 Site Plan, Sheet 2 of 7, dated 9/29/2015  Exhibit 3 Plan View, Sheet 3 of 7, dated 9/29/2015  Exhibit 4 Elevation View, Sheet 4 of 7, dated 9/29/2015  Exhibit 5 Pier Section, Sheet 5 of 7, dated 9/29/2015  Exhibit 6 Planting Plan, Sheets 6 and 7 of 7, dated 9/29/2015  Exhibit 7 Project Narrative  Exhibit 8 Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by Marine Surveys and Assessments, dated 6/8/15  Exhibit 9 Addendum and No-Net Loss Statement of Biological Evaluation/Lake and Stream/Habitat Study Report, prepared by Marine Surveys and Assessments, dated 6/30/15  Exhibit 10 Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe Fisheries Division) dated 7/21/2015  Exhibit 11 Applicant Response, dated 10/2/2015   Exhibit 12 City staff Email to Muckleshoot Indian Tribe Fisheries Division, dated 10/29/2015  Exhibit 13 Public Agency Comment: Email from Karen Walter (Muckleshoot Indian Tribe Fisheries Division) dated 11/12/15  Exhibit 14 Environmental Checklist  Exhibit 15 Construction Mitigation Description  Exhibit 16 Zoning and Neighborhood Map  Exhibit 17 Regulated Shoreline Map  Exhibit 18 Evaluation of Existing Shoreline Buffer Plantings for 4017 & 4023 Williams Ave N  Exhibit 19 Advisory Notes – Staff Review Comments  Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: Earth Impacts: The proposed project does not require any fill or excavation of soils. The pier would be constructed using barge mounted equipment and the boat lifts would be pre-assembled and lowered into the water with a barge-mounted crane. New native plantings will be installed along the shoreline and are described in further detail below in the Vegetation subsection of this report. New pilings would be driven into the lakebed and the footpads of the free-standing boat lifts would be located on the lakebed. The Muckleshoot provided comments that the existing substrate under the water is cobble and should be enhanced with smaller gravel sized rock to improve fish habitat (Exhibit 13). Staff would support such an enhancement to the site if the applicant moves forward with the recommendation. The addition of new materials to the substrate, if proposed, should be identified to the other governmental reviewing agencies and may require review and approval by WDFW and the Army Corps of Engineers. Mitigation Measures: No mitigation measures are recommended. Nexus: N/A Water Wetland, Streams, Lakes Impacts: The project is proposed to occur in Lake Washington, beginning inside of the designated Inner Harbor and extending waterward outside of the Inner Harbor line as the 80 foot long pier extends into the Lake from the shore (Exhibits 2-5). The shoreline designation for Lake Washington at this location is “High Intensity Overlay District” (RMC 4-3-090G). Lake Washington is a Shoreline of Statewide Significance and is included as a Shoreline of the State. As a Class 1 lake, it is a perennial salmonid-bearing body of water. May Creek is a City regulated shoreline and is located to the east of the proposed project (Exhibit 17). However, the proposal would not impact May Creek. The applicant submitted a joint Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 8), dated June 8, 2015, prepared by Marine Surveys & Assessments. An Addendum to the evaluation was subsequently provided, by the same authors, dated June 30, 2015 (Exhibit 9). These documents conform to the requirements for Biological Evaluation/Lake and Stream Study/Habitat Data Report per RMC 4-8-120D. The biological report provides a no net loss statement and determination of effects for endangered species. The study and addendum state that all measures have been taken to avoid and minimize potential impacts from the proposed project (Exhibit 9). Further, the biological evaluation states that no net loss of ecological function will result from this project based on six measures including planting of new vegetation, design of the pier, and construction sequencing. There is a potential for sediments to be dispersed within the lake as the dock is constructed and could potentially affect water quality of the lake. The applicant provided a Construction Mitigation Description for the proposal (Exhibit 15) and a recommended Construction Sequence in the Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibits 8 and 9). The Construction Sequence states that the barge brought to the site would be moored to prevent grounding on the lake bottom at any time during construction. Additionally, a silt curtain would be installed to contain any debris that may fall into lake waters. The construction sequence also states that in the event that any construction debris enters lake waters, it will be retrieved and immediately placed on the construction barge. Staff recommends that the applicant be required to follow the recommendations of the Construction Sequence, as described and listed in the Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibits 8 and 9) as specified in the Mitigation Measure below. Mitigation Measures: Prior to any construction activities, the barge shall be moored and a silt containment curtain shall be installed around the project work. This silt curtain shall remain in place until construction activities are completed. Any construction debris which enters Lake Washington shall be immediately retrieved and placed on the construction barge. Nexus: SEPA Environmental Regulations and Shoreline Master Program. Vegetation Impacts: Vegetation along the shoreline would be added. The submitted Biological Evaluation/Lake and Stream Study/Habitat Data Report provides background of the redevelopment of the Barbee Mill community (Exhibit 8). Upland restoration of the overall Barbee Mill site involved removal of fill soils behind the bulkhead, along with asphalt, a pier, wooden bulkhead and pilings associated with the previous industrial mill operation. Extensive shoreline restoration was completed although the subject properties are located south of the extensive remediation that occurred. As part of site redevelopment, a vegetated buffer along the shoreline of approximately 35 feet in depth was planted along the Lake Washington shoreline of the Barbee Mill subdivision, including on the subject properties (Exhibit 8). The applicant proposes to add more vegetation along the shoreline where native plantings have previously been installed (Exhibit 6). The applicant also proposes replacement of dead plants that were installed within the 35-foot planted buffer (Exhibit 18). The Biological Evaluation/Lake and Stream Study/Habitat Data Report (Exhibit 8) states that existing planted riparian vegetation and added project plantings would assist in restoring the ecological function of Lake Washington. The Biological Evaluation/Lake and Stream Study/Habitat Data Report states that the vegetation that has been planted and the plants to be added through this proposal would add significant organic matter to the lake substrate in the form of leaves and woody debris that fall and wash into the lake and assist in restoring the ecological function of Lake Washington. The Report also states this vegetation would add to additional sources of food, shelter, and shade for aquatic invertebrates and fish and also provide food and shelter for terrestrial insects which in turn provides additional food sources for birds and animals that feed upon them. Further, the biological evaluation states that the addition of riparian vegetation as proposed to the former near-barren site should also help water quality by filtering pollutants, removing nutrients and reducing sediments in any runoff from the adjacent upland development. The study also states that the increased overhanging vegetation should facilitate the migration of juvenile salmon. The Addendum to the biological evaluation states that with the proposed plantings, the project provides for no net loss of ecological function (Exhibit 9). The Muckleshoot second round of responses to the applicant’s revised planting plan and evaluation of the vegetated shoreline buffer provided comment on the type of trees to be planted as part of mitigation (Exhibits 10 and 13). The Muckleshoot have requested that the original list of tree species from the Barbee Mill environmental review be the type of trees planted rather than the proposed Dogwood species. The list of mentioned plants in the environmental review completed for the subdivision included Oregon Ash, Shore Pine, or Sitka Willow. For vegetation in general, the preference by the Muckleshoot are native willow species conducive to the soil type instead of the proposed lower growing shrubs. Staff recommends a mitigation measure that the proposed Dogwood trees be replaced with Oregon Ash, Shore Pine, or Sitka Willow trees species. The Muckleshoot also asked that the existing vegetated buffer on both properties be evaluated for dead or dying plants. The applicant provided an evaluation of the plantings for both properties based on the original planting plan (Exhibit 18). The evaluation of the existing vegetated buffer recommends plantings for both properties. One Serviceberry would be planted for the Thorpe 4023 Williams Ave N property. Five Oregon Grape and two Red-flowering Currants would be planted for the Selland 4017 Williams Ave N property. Based on the need to replace dead or dying plants in the shoreline vegetated buffer area on both properties, staff recommends a mitigation measure that the identified dead or missing plants for both 4023 and 4017 Williams Ave N be installed when the proposed mitigation plantings are added along the bulkhead. Mitigation Measure: The applicant shall provide a revised planting plan that includes either Oregon Ash, Shore Pine, or Sitka Willow tree species and identifies the locations of the replacement plants to the Current Planning Manager, for review and approval, prior to issuance of the Shoreline Substantial Development Permit. Nexus: SEPA Environmental Regulations and Shoreline Master Program Wildlife Impacts: Wildlife and critical habitat are located near and around the subject site including fish that are considered endangered species. The submitted Biological Evaluation/Lake and Stream/Habitat Study evaluate the habitat, species, and potential impacts from the proposed shared residential pier (Exhibit 8 and 9). The study provides detailed information about Puget Sound Chinook, Bull Trout, Puget Sound Steelhead, and Marbled Murrelet marine birds. The study states that it is unlikely that murrelets would be present in the project vicinity. The potential direct impacts caused by the construction evaluated the increased noise and turbidity from pile driving. The potential indirect effects evaluated included the alteration of juvenile salmon migratory pathways for freshwater and marine waters, an increase in salmonid predation and reduction in prey resources and refuge due to shading of the substrate by the pier and boat lifts. The Muckleshoot comments to the project asked that studies by Roger Tabor be included in the evaluation. The applicant’s Biological Evaluation/Lake and Stream/Habitat Study references multiple studies by Roger Tabor and other scientists who have been researching salmon and fish species in the Lake Washington area (Exhibit 8). The marine biologist that authored the submitted Biological Evaluation/Lake and Stream/Habitat Study states that it is likely that “no take” would result from the subject project. The Biological Evaluation/Lake and Stream Study/Habitat Data Report species evaluation states that the Puget Sound Chinook, Bull Trout, and Puget Sound Steelhead the project would result in a determination of “May affect, not likely to adversely affect” and the Marbled Murrelet a determination of “No effect” (Exhibit 8) was made. The study further evaluated the pile driving noise and turbidity of installing the piles on the fish and states that in-water construction should be limited to between July 16 and December 31, WDFW’s approved construction window. The Washington Department of Fish and Wildlife has established a construction window for this portion of Lake Washington. Staff recommends that the applicant be required to adhere to this established in-water construction window. Construction shall take place only during the Department of Fish and Wildlife approved in-water construction window from July 16 through December 31, unless approved otherwise in the required HPA. Staff recommends a mitigation measure that the applicant shall follow the recommendations of the Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, dated June 8, 2015 and June 30, 2015, prepared by Marine Surveys & Assessments. The proposed dock construction sequencing and mitigation proposed by the applicant would include the installation of a silt curtain. The silt curtain should minimize impacts to fish species as a result of construction activities associated with the proposed project. Staff recommends a mitigation measure that if at any time, as result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the Washington Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the WDFW. In addition, recently planted riparian vegetation and additional plantings in conjunction with the proposed project would benefit fish and other species by assisting in restoration of the ecological function of Lake Washington. Plants proposed would be installed from the back of the existing bulkhead upland and would include the plants described in the Vegetation section above. Mitigation Measures: Construction shall take place only during the Department of Fish and Wildlife approved in-water construction window from July 16 through December 31, unless approved otherwise in the required HPA. The applicant shall follow the recommendations of the Biological Evaluation/Lake and Stream Study/Habitat Data Report and Addendum, dated June 8, 2015 and June 30, 2015, prepared by Marine Surveys & Assessments. If at any time, as result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall immediately cease and the Washington Department of Fish and Wildlife (WDFW) and the Washington Department of Ecology shall be contacted immediately. Work shall not resume until further approval is given by the WDFW. Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program Light and Glare Impacts: Proposed dock lighting is identified on the submitted site plan (Exhibit 3) on the top of the pier. Two lights are proposed on either side of the dock. The site plan states that the lights are typical dock lights and would be connected to electrical lines connected to the residence at 4017 Williams Ave N. The submitted Environmental Checklist, subsection 11. Light and Glare, states that “no glare and no safety hazard or interference would be created through the dock lights” (Exhibit 14). Based on previous projects over the water with lighting, staff recommends as a mitigation measure that the lighting hue be an amber hue as no color or hue has been identified with the proposal. The amber hue would reduce potential light and glare impacts to the surrounding properties, sky, and water, and fish habitat and behavior. Mitigation Measure: The dock lights shall have an amber hue. The proposed lighting and amber hue shall be included with the building permit application for the subject project, for review and approval by the Current Planning Project Manager. Nexus: SEPA Environmental Regulations, Critical Areas Regulations, Shoreline Master Program Comments of Reviewing Departments The proposal has been circulated to City Departments and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or “Advisory Notes to Applicant” (Exhibit 19). The applicant is required to submit a Shoreline Substantial Development Permit that will also be reviewed by staff in the future. 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 8, 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 – 7th Floor, (425) 430-6510.