HomeMy WebLinkAboutExh. 12 Stream Report
Memorandum
DATE: 03/20/17
(Revised 06/19/2017)
TO: Rick Tomkins, PE
FROM: Richard Pratt
Senior Biologist
Gray Rand
Senior Biologist
SUBJECT: Stream, Critical Areas, and Habitat Assessment
PROJECT: VIA 405 Apartments (Roxy Cinema Redevelopment), Renton, WA
PROJECT NO.: RVAC0000-0002
COPIES: File
INTRODUCTION
At the request of RVA Cinema LLC, David Evans and Associates, Inc. (DEA) conducted a stream
and habitat assessment at the proposed VIA 405 Apartments property (parcel # 7232000010) on
February 2, 2017, near the intersection of Rainier Avenue South and South Grady Way in Renton,
Washington. The assessment was performed in support of a preliminary planned urban
development (PPUD) application to redevelop the existing Roxy Cinema site into a 270-unit
apartment project. The site visit was conducted to identify streams, wetlands, and habitat on or
adjacent to the site. The project location is shown in Figure 1. One stream (Rolling Hills Creek)
was identified in the study area. No wetlands or ditches were identified in the study area. Stream
locations, as mapped by the City of Renton, are shown in Figure 2.
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Figure 1 Project Location
METHODS
Streams and their ordinary high water mark (OHWM) are defined by both the U.S. Corps of
Engineers (Corps) and Ecology. The Corps (2014) guidance defines the OHWM as “that line on
the shore established by the fluctuations of water and indicated by physical characteristics such as a
clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of
terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the
characteristics of the surrounding areas.” Ecology’s guidance (Olson and Stockdale 2010) defines
the OHWM for state waters. The following physical characteristics were used to identify the
OHWM as defined by the Corps (2005):
Natural line impressed on the bank
Shelving changes in the character of soil
Destruction of terrestrial vegetation
Presence of litter and debris wracking
Vegetation matted down, bent, or absent
Sediment sorting
Leaf litter disturbed or washed away
Project Study Area
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Scour
Deposition
Multiple observed flow events
Bed and banks
Water staining
Change in plant community
Ditches may also be considered jurisdictional when they transport relatively permanent flow
(continuous flow for at least three months) directly or indirectly into waters of the United States.
All ditches within the study area were reviewed to determine if they meet the Environmental
Protection Agency (EPA) and Corps guidance (EPA and Corps 2008) for being jurisdictional
waters. In most situations, it was not possible to document whether a ditch or channel within the
study project area has relatively permanent flows. The presence of an OHWM should be used as a
baseline to establish the potential of relatively permanent flows. The OHWM and relatively
permanent flow can be indicated by the following physical characteristics:
Presence of a defined channel with bed and bank
Areas exhibiting scour marks
Debris wracks
Shelving
Water staining
Areas of flowing or standing water
Clear areas of gravel with no vegetation
REGULATORY ANALYSIS
The City of Renton Critical Areas Regulations are established in the Renton Municipal Code
(RMC) 4-3-050. The City defines streams, stream classification, buffers, and alterations to these
features as follows:
RMC 4-3-050 section 7.Streams and Lakes:
a. Classification System: The following classification system is hereby adopted for the
purposes of regulating Streams and Lakes in the City. This classification system is based on
the State’s Permanent Water Typing System WAC 222-16-030. Stream and lake buffer widths
are based on the following rating system:
i. Type S: Waters inventoried as “Shorelines of the State” under chapter 90.58 RCW.
These waters are regulated under Renton’s Shoreline Master Program Regulations, RMC
4-3-090.
ii. Type F: Waters that are known to be used by fish or meet the physical criteria to be
potentially used by fish and that have perennial (year-round) or seasonal flows.
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iii. Type Np: Waters that do not contain fish or fish habitat and that have perennial
(year-round) flows. Perennial stream waters do not go dry any time of a year of normal
rainfall. However, for the purpose of water typing, Type Np waters include the
intermittent dry portions of the perennial channel below the uppermost point of perennial
flow.
iv. Type Ns: Waters that do not contain fish or fish habitat and have intermittent flows.
These are seasonal, non-fish habitat streams in which surface flow is not present for at
least some portion of a year of normal rainfall and are not located downstream from any
stream reach that is a Type Np Water. Ns Waters must be physically connected by an
above-ground channel system to Type S, F, or Np Waters.
b. Non-regulated: Waters that are considered “intentionally created” not regulated under
this Section include irrigation ditches, grass-lined swales and canals that do not meet the
criteria for Type S, F, Np, or Ns Non-regulated waters may also include streams created as
mitigation. Purposeful creation must be demonstrated through documentation, photographs,
statements and/or other persuasive evidence.
c. Measurement:
i. Stream/Lake Boundary: The boundary of a stream or lake shall be considered to be its
ordinary high water mark (OHWM). The OHWM shall be flagged in the field by a
qualified consultant when any study is required pursuant to this subsection G7.
ii. Buffer: The boundary of a buffer shall extend beyond the boundaries of the stream or
lake to the width applicable to the stream/lake class as noted in subsection G2 of this
Section, Critical Area Buffers and Structure Setbacks from Buffers. Where streams enter
or exit pipes, the buffer in this subsection shall be measured perpendicular to the OHWM
from the end of the pipe along the open channel section of the stream.
d. Stream/Lake Buffer Width Requirements:
i. Buffers and Setbacks:
(a) Minimum Stream/Lake Buffer Widths: See subsection G2 of this Section.
(b) Piped or Culverted Streams:
(1) Building structures over a natural stream located in an underground pipe or
culvert except as may be granted by a variance in RMC 4-9-250 are prohibited.
Transportation or utility crossings or other alterations pursuant to subsection J of
this Section are allowed. Pavement over a pre-existing piped stream is allowed.
Relocation of the piped stream system around structures is allowed. If structure
locations are proposed to be changed or the piped stream is being relocated
around buildings, a hydrologic and hydraulic analysis of existing piped stream
systems will be required for any development project site that contains a piped
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stream to ensure it is sized to convey the one hundred (100) year runoff level from
the total upstream tributary area based on future land use conditions.
(2) No buffers are required along segments of piped or culverted streams. The
City shall require easements and setbacks from pipes or culverts consistent with
stormwater requirements in RMC 4-6-030 and the adopted drainage manual.
ii. Increased Buffer Width:
(a) Areas of High Blow-down Potential: Where the stream/lake buffer is in an area
of high blow-down potential for trees as identified by a qualified professional, the
buffer width may be expanded an additional fifty feet (50') on the windward side.
(b) Habitat Corridors: Where the stream/lake buffer is adjacent to high functioning
critical areas (e.g., wetlands, other streams, other identified habitats), the
stream/lake buffer width shall be extended to the buffer boundary of the other
protected critical area to establish a habitat corridor as needed to protect or
establish contiguous vegetated areas between streams/lakes and other critical areas.
e. Criteria for Permit Approval – Type F, Np, and Ns: Permit approval for projects on or
near regulated Type F, Np and Ns water bodies shall be granted only if the approval is
consistent with the provisions of this subsection, and complies with one of the following
conditions:
i. A proposed action meets the standard provisions of this Section and results in no net
loss of regulated riparian area or shoreline ecological function in the drainage basin
where the site is located; or
ii. A proposed action meets alternative administrative standards pursuant to this Section
and the proposed activity results in no net loss of regulated riparian area or shoreline
ecological function in the drainage basin where the site is located; or
iii. A variance process is successfully completed and the proposed activity results in no
net loss of regulated riparian area or shoreline ecological function in the drainage basin
where the site is located.
RESULTS
One stream (Rolling Hills Creek) was identified in the study area. Stream location is shown in
Figure 2. No ditches were identified on the property.
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Figure 2 Stream Location From the City of Renton GIS
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ROLLING HILLS CREEK
Rolling Hills Creek runs along the southern property boundary. The creek flows from a culvert 250
feet to the east along the property and enters one of two culverts 50 feet west of the project study
area. Downstream, a 48-inch stormwater culvert conveys lower flows to the west and then to the
south. A second, large 12-foot culvert flows southwest. Both of these culverts are mapped by the
City as ultimately discharging at the same location farther to the southwest. The stream culverts
convey flow to a large wetland complex south of I-405 and east of SR-167, and then flow to
Springbrook Creek which flows to the Green River.
Rolling Hills Creek receives flow from the hill slope to the southeast of the study area and includes
flow from Thunder Hills Creek. The confluence of Rolling Hills Creek and Thunder Hills Creek
occurs in the culvert system to the east of the property study area. Within the property, the creek
has been channelized along the existing development. The channel width is from 7 to 9 feet wide
and the bank full width is from 12 to 13 feet wide. The bank full width was delineated and
surveyed in the field. The stream bank is eroded with vertical to overhanging slopes 2 feet high.
The stream bed through the study area is primarily gravel, sand, and fines with some cobble and
areas of rip rap. There is little woody debris in the stream. There is trash and abandoned house hold
items in both the stream and buffer areas. The stream buffer to the south extends to the right of way
and structural wall for I-405. This buffer is 30 to 45 feet wide with trees, shrubs, and emergent
vegetation. Buffer to the north extends to the existing parking lots on the property. This buffer area
is 7 to 21 feet wide and includes some trees and emergent vegetation and little shrub vegetation.
Rolling Hills Creek is not documented on Washington State Department of Natural Resources
(WDNR) or Washington State Department of Fish and Wildlife (WDFW) online databases. There
are documented salmon in Springbrook Creek downstream of the study area and Rolling Hills
Creek. The City of Renton identifies the stream as a Type Np (non-fishbearing perennial) stream
(Figure 3). While there is proposed fish passage work proposed by WSDOT down stream of the
site, that work has not been completed at this time. The stream Type can be reevaluated when any
modifications are complete. Presently the stream will be evaluated as a Type Np stream. A Type
Np stream is defined by WAC 222-16-030 and RMC 4-3-050, and is afforded a standard
administrative buffer width of 75 feet.
Ordinary High Water Mark (OHWM) for Rolling Hills Creek
The OHWM was delineated, flagged in the field, and the location was surveyed. A general map of
the project site, existing conditions, and the OHWM is shown in Figure 3. Cross sections of the
stream showing existing conditions and the proposed building conditions are shown in Figure 4.
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Figure 3 OHWM for Rolling Hills Creek in the project study area existing conditions.
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Figure 4 Cross section of the study area and Rolling Hills Creek.
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ROLLING HILLS CREEK BUFFER ALONG THE PROPOSED DEVELOPMENT
The existing riparian buffer at the site is extremely constrained, and includes a narrow strip of
undeveloped urban habitat surrounded by I-405 to the south and the existing cinema building and
parking to the north. The existing right bank (north) buffer is 8 to 25 feet wide from the OHWM to
the edge of the existing pavement. This narrow corridor of habitat is entirely surrounded by
development. Trees along Rolling Hills Creek include black cottonwood (Populus balsamifera),
willow (Salix spp.), red alder (Alnus rubra), and Lombardy popular (Populus nigra). The
understory includes both native western swordfern (Polystichum munitum) and salal (Gaultheria
shallon) and invasive species including: Himalayan blackberry (Rubus armeniacus), reed
canarygrass (Phalaris arundinacea), English ivy (Hedera helix), and English holly (Ilex
aquifolium).
No functional riparian buffer exists north of the south edge of the existing parking lot. This area
has been fully developed since construction of Roxy cinema. Pursuant to RMC 4-2-050B.1.g, this
parking lot constitutes a pre-existing, intervening and lawfully created existing improvement that
separates the proposed project from the critical area buffer on Rolling Hills Creek. Given the lack
of any functional existing buffer beyond this area, this separation will continue to prevent any
substantial riparian buffer function. In addition, the proposed buffer enhancement will result in a
net increase of buffer function over existing conditions.
WILDLIFE AND WILDLIFE HABITAT
Habitat in the study area is limited to Rolling Hills Creek and its narrow existing buffer. The study
area is bordered on the south by I-405 and on the north by existing parking for the Roxy Cinema.
This narrow corridor of habitat that is entirely surrounded by development.
Endangered Species Act (ESA) listed species, proposed species, critical habitat, or essential fish
habitat (EFH) under the jurisdiction of the National Marine Fisheries Service (NMFS) and U.S.
Fish and Wildlife Service (USFWS) that are recorded as potentially occurring in the project study
area are listed in Table 1. The Washington Department of Natural Resources and Washington
Department of Fish and Wildlife do not document rare plants, animals, or habitats within the study
area or within a one-mile radius (WDFW 2017a, WDFW 2017b, WDNR 2017a. and WDNR
2017b). No suitable habitat for these species exists in the action area; therefore, the project would
have no effect on the species.
Table 1: USFWS and NMFS Listed Species and Critical Habitat in Snohomish County
# Common Name Scientific Name Federal Status Jurisdiction
1. Bull trout Salvelinus confluentus Threatened USFWS
2. Marbled murrelet Brachyramphus marmoratus Threatened USFWS
3. Yellow-billed cuckoo Coccyzus americanus Threatened USFWS
4. Streaked horned lark Eremophila alpestris strigata Threatened USFWS
5. North American wolverine Gulo luscus Proposed Threatened USFWS
Bull Trout and other salmonid species are not documented in Rolling Hills Creek nor are not
documented in Spring Brook Creek. The neared record of bull trout is in the Green River (WDFW
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2017a). If bull trout were present, they would not utilize Rolling Hills Creek due to the high levels
of disturbance and poor habitat quality. The Green River, which represents the closest potential
habitat for bull trout, is over three mile downstream of the project area. Therefore, the project will
have no effect on bull trout.
The marbled murrelet nests in old growth or mature forest stands, usually located within 50 miles
of saltwater. The action area contains no suitable nesting habitat, does not support marine foraging
habitat, and is not located in a major movement pathway (WDFW 2012). Therefore, the project
would have no effect on marbled murrelets.
The yellow-billed cuckoo is considered extirpated in Washington, with no known extant breeding
population, and no documented occurrences in the action area (WDFW 2012; WDFW 2017b).
Only a handful of sightings have been documented in Washington in the last few decades (SAS
2015). Therefore, the project would have no effect on yellow-billed cuckoo.
The streaked horned lark is closely associated with the glacial outwash prairies of south Puget
Sound and the outer coast (WDFW 2012), and has no potentially suitable habitat or documented
occurrences in the project area (WDFW 2017b). Therefore, the project would have no effect on
streaked horned lark.
The North American wolverine occurs rarely in high-elevation alpine portions of Washington
(WDFW 2012). The project site is well outside potential range of this species; therefore, the
project would have no effect on North American wolverine.
FLOODPLAINS
Portions of the subject property are mapped as 100-year floodplain (Renton 2017). The location of
the100-year floodplain is shown in Figure 5 below.
IMPACTS
The proposed project will have no direct impacts to Rolling Hills Creek. There will be no net loss
of buffer along Rolling Hills Creek over existing conditions. No culverts associated with the creek
will be modified.
Modifications to the stormwater system will be minimal. There will be some re-routing of storm
water due to the new building footprint. The existing system will remain and there will be no
changes to the existing points of discharge. Stormwater in the existing drainage system is first
routed through an existing oil-water separator. As part of the proposed project work, additional
treatment for the impacted pavement areas will be provided. The likely treatment facility will be
a “Modular Wetland” filter vault. This improved treatment would have a beneficial effect on
water quality in Rolling Hills Creek.
RESTORATION
Given the lack of functional riparian buffer around Rolling Hills Creek, the applicant has proposed
to implement a Buffer Enhancement Plan to increase and restore riparian habitat along Rolling
Hills Creek. The proposal will convert the existing head in parking to parallel parking and expand
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portions of the buffer by approximately 2,400 square feet. This will increase the area and improve
the function of the existing buffer along the creek within the project property. This plan will
include:
1. Remove litter and artificial debris in the buffer.
2. Remove invasive plants (including Himalayan blackberry, reed canarygrass, English
ivy, and English holly) in the buffer.
3. Plant native shrubs and groundcovers along the north bank to protect the slope and
compete with invasive species. Use native plant species that will deter access by
people and pets.
4. Install fencing and signs to limit access to the buffer by people and pets.
This restoration plan will significantly improve the limited riparian buffer functions at the site
and provide improved public benefit as a result of the project.
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Figure 5 One Hundred Year floodplain and Floodway Boundary.
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REFERENCES
David Evans and Associates (DEA). 2017. VIA 405 Apartments, Buffer Enhancement Plan. David
Evans and Associates, 20300 Woodinville Snohomish Road NE, Suite A, Woodinville,
WA.
Environmental Protection Agency and U.S. Army Corps of Engineers. 2008. Memorandum on
Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v.
United States & Carabell v. United States.
Olson, P. and E. Stockdale. 2010. Determining the Ordinary High Water Mark on Streams in
Washington State. Second Review Draft. Washington State Department of Ecology,
Shorelands & Environmental Assistance Program, Lacey, Washington. Ecology
Publication # 08-06-001.
Renton, 2017. COR Maps. Accessed on March 16, 2017. Available at
http://rentonwa.gov/government/default.aspx?id=29886
Seattle Audubon Society. 2015. BirdWeb – Yellow-billed cuckoo. Available at
http://birdweb.org/birdweb/bird/yellow-billed_cuckoo.
U.S. Army Corps of Engineers (Corps). 2005. Ordinary High Water Mark Identification.
Regulatory Guidance Letter No. 05-05. The U.S. Army Corps of Engineers, Washington
DC
Washington Department of Fish and Wildlife (WDFW). 2012. Threatened and Endangered
Wildlife in Washington: 2012 Annual Report. Listing and Recovery Section, Wildlife
Program, Washington Department of Fish and Wildlife, Olympia. 251 pp.
———. 2017a. Salmonscape Fish Distribution Map. Accessed on March 16, 2017. Available at
http://fortress.wa.gov/dfw/gispublic/apps/salmonscape/default.htm.
———. 2017b. Priority Habitats and Species (PHS) Online Mapper. Viewed on March 16, 2017.
Available at http://wdfw.wa.gov/mapping/phs/.
Washington State Department of Natural Resources (WDNR). 2017a. WDNR Natural Heritage
Program GIS data. Dated September 18, 2014.
——. 2017b. Forest Practices Water Type Maps. Accessed on March 16, 2017. Available at
http://fortress.wa.gov/dnr/app1/fpars/viewer.htm.
Enclosures: Photographs
VIA 405 Apartments Enclosure
Stream Memo Site Photographs Page 1
Creek outlet into the 12-foot and 48-inch culverts approximately 50 feet down stream of
property boundary
February 2, 2017
Creek approximately 50 feet up stream of property boundary
February 2, 2017
VIA 405 Apartments Enclosure
Stream Memo Site Photographs Page 2
Creek in center of property showing up creek right bank view and existing buffer
February 2, 2017
Creek in center of property showing up creek left bank view and existing buffer
February 2, 2017
VIA 405 Apartments Enclosure
Stream Memo Site Photographs Page 3
Creek in center of property showing down creek left bank view and existing buffer
February 2, 2017
Creek in center of property showing down creek left bank view and existing buffer
February 2, 2017
VIA 405 Apartments Enclosure
Stream Memo Site Photographs Page 4
Creek substrate within the property boundary
February 2, 2017
Creek showing rip rap and trash in the creek within the property boundary
February 2, 2017
VIA 405 Apartments Enclosure
Stream Memo Site Photographs Page 5
Creek with debris in the channel within the property boundary
February 2, 2017
Creek substrate in area with riprap within the property boundary
February 2, 2017
VIA 405 Apartments Enclosure
Stream Memo Site Photographs Page 6
Creek (looking down stream) with existing parking and curb within the property boundary
February 2, 2017
Creek (looking up stream) with existing parking and curb within the property boundary
February 2, 2017