Loading...
HomeMy WebLinkAboutD_Shoreline_Exemption_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Shoreline Exemption_FINAL_3 PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT AND CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: June 30, 2022 PROJECT NUMBER: LUA22-000221, SME, CAE PROJECT NAME: Boring for Submarine Cable Thermal Testing PROJECT MANAGER: Jill Ding, Senior Planner APPLICANT/OWNER/ CONTACT: Dylan Marcus, Puget Sound Energy 6500 Ursula Place S, Seattle, WA 98108 PROJECT LOCATION: Parcel No. 2924059012 PROJECT DESCRIPTION: The applicant is requesting a Shoreline Exemption and Critical Areas Exemption for on- land exploratory boring to test the thermal properties of the soil at the Quendall Cable Station. The proposed boring is required to support the future design of a replacement subterranean cable. The proposed bore location is roughly 15 feet east of the Ordinary High Water Mark (OHWM) of Lake Washington and is located within the Shoreline High Intensity Designation of Lake Washington Reach C. This proposal does not include any in-water work. The project site is mapped within a seismic hazard area, in addition, although there are no wetlands mapped on or near the project site, potential wetland habitat was identified during a site visit by the applicant, located northeast and west of the existing Puget Sound Energy (PSE) substation fence. The area is composed of lake fringe wetland habitat vegetation, including cattail, hardhack, red alder, and knotweed. The surrounding upland area includes Douglas-fir and black cottonwood. The proposed boring location should have no impact on the wetland or shoreline habitats, as impact area would remain within the developed footprint of the existing PSE substation. A soil drill rig would be used to bore roughly 10 feet into the ground at the proposed bore location. After a sample has been collected, the bore location would be restored to its original surface condition. Boring would utilize a hollow-stem auger with a 6-8 inch diameter outer casing, resulting in a surface disturbance of about 0.35 square feet and excavation volume of about 0.13 cubic yards. No vegetation/tree removal is proposed. SEC-TWN-R: SW29-24-5 DocuSign Envelope ID: 7F01D747-B12A-4DDA-A6C2-E93B54C7AB66 City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Boring for Submarine Cable Thermal Testing, LUA22-000221, SME, CAE Development Permit and Critical Areas Regulations Permit Date: June 30, 2022 Page 2 of 4 D_Shoreline Exemption_FINAL_3 LEGAL DESCRIPTION: (King County Assessor) BEG AT NXN OF S LN OF GL 5 WITH WLY MGN OF N P R/W TH N 29-44-54 E ALG R/W 849.62 FT TH N 59-24-36 W 641.44 FT TO TPOB TH CONTG N 59-24-36 W 100 FT TH N 30-35-24 E 100 FT TH S 59-24-36 E 100 FT TH S 30-35-24 W 100 FT TO TPOB TCO 17-830 WATER BODY/REACH: Lake Washington, Reach C CRITICAL AREA(S): High Seismic Hazard Area, Wetland 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: Site Investigative work is exempt from permit requirements within critical areas and associated buffers in accordance with RMC 4.3.050C.3.b, within Geological Hazard Areas, and Wetlands subject to the following standards: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities are a permitted use. Investigative work shall not disturb any more than five percent (5%) of the critical area and required buffer. In every case, impacts shall be minimized and disturbed areas shall be immediately restored at a one-to-one (1:1) ratio. Staff Comment: The applicant has stated that the proposed investigative boring is necessary to support the future design of a replacement subterranean cable at this location. Impacts have been minimized by containing the disturbed area to land within the existing developed footprint of the substation. No vegetation removal is proposed and all disturbed areas would be restored to their original condition or better upon completion of the boring. SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development Permit is hereby APPROVED on the proposed project in accordance with RMC.4.9190C “Exemption from Permit System’ and for the following reasons: Per RMC 4-9-190.C.1.l, the following shall not be considered substantial developments for the purpose of the Shoreline Master Program and are exempt from obtaining a Shoreline Substantial Development Permit (SSDP): Site exploration and investigation activities that are prerequisites to preparation of an application for development authorization under the Shoreline Master Program, if: i. The activity does not interfere with the normal public use of the surface waters. ii. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values. iii. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity. iv. A private entity seeking development authorization under the Shoreline Master Program first posts a performance bond or provides other evidence of financial responsibility to the Planning Division to ensure that the site is restored to pre-existing conditions. DocuSign Envelope ID: 7F01D747-B12A-4DDA-A6C2-E93B54C7AB66 City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Boring for Submarine Cable Thermal Testing, LUA22-000221, SME, CAE Development Permit and Critical Areas Regulations Permit Date: June 30, 2022 Page 3 of 4 D_Shoreline Exemption_FINAL_3 v. The activity is not subject to the permit requirements of RCW 90.58.550. Staff Comment: The applicant has stated that the proposed investigative boring is necessary to support the future design of a replacement subterranean cable at this location. The boring would occur within the existing developed footprint of the substation and would not interfere with the normal public use of surface waters. No vegetation removal is proposed and all disturbed area would be restored to their original condition or better upon completion of the boring; therefore no impacts are anticipated to the environment. No structures would be constructed as a result of this proposal, a performance bond would not be required and the work proposed is limited to subsurface boring, and the activity is not subject to the permit requirements of RCW 90.58.550. 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. Staff Comment: The requested subsurface boring is not a prohibited activity and is listed as an exemption from the Critical Areas Regulations. Boring would utilize a hollow-stem auger with a 6-8 inch diameter outer casing, resulting in a surface disturbance of about 0.35 square feet and excavation volume of about 0.13 cubic yards. Best management practices (BMPs) would be used for erosion and sediment control. Erosion and sediment control measures will be applied and maintained on an as needed basis, depending on the site conditions at the time of construction. Disturbed surfaces will be restored to their original condition or better upon completion of construction. No vegetation removal is proposed as the boring would occur within the existing developed area of the substation. It is not anticipated that the proposed boring would result in adverse impacts to groundwater. SHORELINE EXEMPTION FINDINGS: The proposed development is consistent with: i. The policies of the Shoreline Management Act. ii. The City of Renton Shoreline Master Program. DECISION: The Boring for Submarine Cable Thermal Testing Critical Areas and Shoreline Exemption, LUA22- 000221, SME, CAE is Approved DocuSign Envelope ID: 7F01D747-B12A-4DDA-A6C2-E93B54C7AB66 City of Renton Department of Community & Economic Development Certificate of Exemption From Shoreline Substantial Boring for Submarine Cable Thermal Testing, LUA22-000221, SME, CAE Development Permit and Critical Areas Regulations Permit Date: June 30, 2022 Page 4 of 4 D_Shoreline Exemption_FINAL_3 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 15, 2022. 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 Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. 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. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. EXPIRATION: Two (2) years from the date of decision (date signed). Attachments: Site Plan, Project narrative DocuSign Envelope ID: 7F01D747-B12A-4DDA-A6C2-E93B54C7AB66 6/30/2022 | 11:19 AM PDT